Loading...
HomeMy WebLinkAbout1995-11-140 TOWN BOARD MEETING PUBLIC HEARING NOVEMBER 14, 1995 AMBULANCE DIST. ESTABLISHMENT Supv Schug called the meeting to order at 7:30PM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call was by Town Clerk Lloyd. Present: Supv Schug, Clm Baker, Clm T. Hatfield, Clm C. Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater Supv Schug read the notice that was published in the newspaper concerning the establishment of the Dryden Ambulance District. (copy in minute book) QUESTIONS AND /OR COMMENTS Atty Perkins - reported he has a clerk's certificate from the Dryden Village Clerk and Freeville Village Clerk that no petition for a referendum was filed in supporting the resolution which was adopted by the village boards. This is now official and the villages have consented to be part of the ambulance district. Closed public hearing - B:OOPM APPROVAL OF MINUTES Motion was made by Clm Roberts and 2nd by Clm C. Hatfield that the minutes of board meeting 9 -5 -95, 10 -2 -95 and 10 -10 -95 and Site Plan Review 9 -5 -95 be approved. Carried CITIZEN PRIVILEGE OF THE FLOOR Atty Perkins - reported for years the town has contracted with Family & Childrens Youth Services of Tompkins County to run the Dryden Youth Commission programs. The town has an agreement with Family & Childrens Services which they have asked to be relieved from and the town has negotiated an agreement with Cornell Cooperative Extension. Board members have copy of agreement. Dryden Youth Commission is happy with this agreement as proposed. Cornell Cooperative Extension has signed the agreement. There are 2 agreements. One for the period of Sept. 11th 1995 to Dec. 31st 1995. This is for the balance of the year 1995 under the Family & Childrens Services. The other agreement is for the calendar year Jan. 1st 1996 to Dec. 31st 1996. The board should at least consider the short term agreement tonight. I i • NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden, Tompkins County, New York, adopted the following order calling a public hearing for November 14, 1995 at 7:30 o'clock p: m., prevailing time, at the Town Hall, 65 East Main Street, Dryden, New York in connection with the establishment of the Town of Dryden Ambulancu UiSli.-i.at: At a special meeting of the Town Board of the Town of Dryden, Tompkins County, New York, held at the Town hall, 65 East Main Street, Dryden, New York in said Town, on the 2nd day of November, 1995 at 1:00 o'clock p.m., prevailing time. PRESENT: James F. Schug, Supervisor Charles Hatfield, Councilman Ronald Roberts, Councilman John Baker, Councilman Thomas Hatfield, Councilman In,.the matter of the establishment of the Town of Dryden Ambulance District ORDER CALLING PUBLIC HEARING WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Dryden, 'Tompkins County, New York,, relating to the establishment of an ambulance district in said Town, such ambulance district as established to be known as the Town of Dryden Ambulance District, and WHEREAS, said map, plan and report have been filed in the office of the Town Clerk of said Town, where the same are available • during regular office hours for examination by any persons interested in the subject matter thereof, and U 0 WHEREAS, said ambulance district will comprise all of the property within the boundaries of the Town of Dryden, Tompkins County, New York including the Villages of Dryden and Freeville, and. WHEREAS, the Village Board of the Village of Dryden, pursuant to the provisions of Town Law §209, passed a Resolution consenting that said Village be included in said ambulance district, which Resolution was adopted subject to a permissive referendum as provided by law, and WHEREAS, the Village Board of the Village ulf Freeville, pursuant to the provisions of Town Law §209, passed a Resolution consenting that said Vil.l.age be included in said ambulance a.ist:ricl., which Resolution was adopted subject. to a permissive referendum as provided by law, and WHEREAS, said map, plan and report does not contemplate the construction or acquisition of an improvement, but only the performance and supplying of ambulance service with the maximum amount to be expended annually not to exceed $246,850, and WHEREAS, the aforesaid project was the subject of an environmental review by the Town Board of the Town of Dryden pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects, and • WHEREAS, there are no nook -up fees required to be paid, and N • • • WHEREAS, there is included with the map, plan and report filed with the Town Clerk, a detailed explanation of how the estimated cost of the district to the typical property was computed as required by Town Law §209 -d(1) annually, and which estimated cost is $39.03 WHEREAS, the maximum amount to be expended annually will be raised by assessing, levying and collecting the same from the parcels of land within the district in the same manner and at the same time as other town charges, and WHEREAS,.it is now desired to call a public hearing upon the question of the establishment of the Town of Dryden Ambulance District in the manner aforesaid; and pursuant to Section 209 -d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Dryden, Tompkins County, New York shall be held at the Town Hall, 65 East Main Street, Dryden, New York on the 14th day of November, 1995 at 7:30 o'clock p.m., prevailing time, for the purpose of holding a public hearing to consider the establishment of such ambulance district of said Town as described in the preambles hereof, to be known as the Town of Dryden Ambulance District, the boundaries of such ambulance district being the boundaries of the Town of Dryden, Tompkins County, New York including the Villages of Dryden and Freeville and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on I d C 40 r� the part of the Town Board as may be required by law or shall be proper in the premises. aection 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in The Ithaca J"rna1, the official newspaper of said Town, the first publication thereut to be not Iu.)J than Lcn r►or more than twenty days before thy: day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. ligQtlon 3. This order shall take effect immediately. By order of the Town Board of the Town of Dryden Bye Susanne Lloyd, T6wn C • AGREEMENT made this day of December, 1995, by and between the TOWN OF DRYDEN on behalf of the Town of Dryden Ambulance District, 65 East Main St. Dryden, New York 13053 hereinafter referred to as the "Town ", and DRYDEN AMBULANCE, INC., a not - for - profit corporation, having its principal office at North Street Dryden, New York, hereinafter referred to as "Dryden Ambulance ". W I T N E S E T H WHEREAS, at a Regular meeting of the Town Board held at the Town Hall on the 14th day of November, 1995, the Town Board determined that it was in the public interest to establish the Town of Dryden Ambulance District and to enter into a contract with Dryden Ambulance to furnish emergency medical service and general ambulance service for all persons in the Town of Dryden, including the Village of Dryden and the Village of Freeville, and WHEREAS, at a meeting of the Board of Directors of Dryden Ambulance held at Dryden, New York on the day of 1995, Dryden Ambulance consented to furnish such emergency medical service and general ambulance service, and WHEREAS, this contract is authorized by New York Town Law §209 -(e) (3), NOW, THEREFORE, it is mutually agreed by the parties as follows: 19 Dryden Ambulance shall provide 24 hour, 7 days per week, emergency medical service and general ambulance service for all persons in the Town of Dryden, including the Village of Dryden and the Village of Freeville requiring such service and shall provide I • prehospital emergency medical treatment and transport sick or injured persons found within the boundaries of the Town to a hospital, clinic, or other place for treatment of such illness or injury. Such ambulance service shall include transportation from the Town to the Cayuga Medical Center or to the Cortland Memorial Hospital or to any other hospital within a reasonable distance as required by an attending physician. 29 The Town on behalf of the Town of Dryden Ambulance District agrees to employee two (2) full time licensed paramedics and one (1) part time licensed paramedic to assist the volunteers of Dryden Ambulance, Inc. in providing such ambulance service. No volunteer member of.Dryden.Ambulance shall receive any remuneration for their volunteer service. • 3. Dryden Ambulance shall make no charge to any residents of the Town of Dryden for such service but shall provide to the Town the date of such service and address of the person(s) served, the destination or hospital where such person was transported and a brief description of the incident. If any third party payor information is available the Company will also provide that information. All such information shall be provided in writing and at least monthly. 4. The Town shall pay to Dryden Ambulance, for the calendar year of 1996 (which is the term of this contract), the sum of ONE HUNDRED THIRTY -FIVE THOUSAND FIVE HUNDRED NINETY -FIVE DOLLARS ($135,595.00), payable as follows. $96,305 on or about February 1, 1996; and $39,290 on or about October 15, 1996. Dryden Ambulance, for such consideration, shall pay for all expenses incurred by the I I operation of such ambulance service, including, but not limited to repair and maintenance of equipment, personnel training costs, gas and oil, and insurance premiums for the insurance coverage hereinafter specified. 5. In addition to the payment to Dryden Ambulance provided for in this Agreement, the Town agrees to reimburse Dryden Ambulance for: a) training; b) OSHA mandated physicals for members, c) public education and public assistance expenses. The reimbursement shall be 50% of the amount spent for such training, physicals, education or public assistance with a maximum reimbursement by the Town of $5,000.00. Request for payment must be submitted by voucher accompanied by written proof of the expenditures by the Company. • 6. Dryden Ambulance agrees that its members, who provide the such services, will be covered with the statutory coverage under Workers' Compensation Laws and the Volunteer Fireman's Benefit Law, 7. Dryden Ambulance agrees that it will insure and keep insured, during the term of this agreement, at its own cost and expense, its vehicles, equipment and members against any and all claims and damages arising from personal injury or property damage, with a policy of commercial general liability insurance with $1,00010001 $2,000,000 limits and vehicle liability insurance with a policy limit of $1,000,000. The Town shall be named as an additional insured on said policy. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and • year first above written. • • TOWN OF DRYDEN by James F. Schug, Supervisor DRYDEN AMBULANCE, INC. by Dana J. Abbey, President • L� TB11 -14 -95 Page 2 RESOLUTION #233 SHORT TERM AGREEMENT FOR YOUTH COMMISSION - CORNELL COOPERATIVE EXTENSION Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supervisor Schug to sign the agreement with Cornell Cooperative Extension from September 11, 1995 to December 31, 1995. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #234 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TOWN OF DRYDEN AMBULANCE DISTRICT IN THE TOWN OF DRYDEN TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12 -A OF THE TOWN LAW Clm T. Hatfield offered the following resolution and asked for its adoption: (copy in minute book) 2nd Baker Roll call vote - all voting Yes TOWN BOARD MEETING PUBLIC HEARING - BUDGET HEARING NOVEMBER 14, 1995 Supv Schug called the meeting to order at 8oOOPM Supv Schug read the notices that were published in the newspaper concerning the budget hearings. (copy in minute book) QUESTIONS AND /OR COMMENTS Mayor Day - wanted to know what the public work staff was. Supv Schug - mainly the park, pump stations, water and sewer installations we have in the town. Mayor Day - wanted to know what purchase of land was. Supv Schug - just what it says, purchase of property. Mayor Day - wanted to know what publicity meant. Supv Schug - includes updating of town directory all the time and the rest is for the bicentennial. Mayor Day - questioned the Dryden Lake Park. Supv Schug - the town has a grant of $50,000.00. Some of the money •has been spent this year. They have made a play ground there, and a pavilion, will put in a fishing pier and make it handicap accessible and improve the trail, during 1996 . /f3 E i Z -may o? 3 Il • RESOLUTION DATED NOVEMBER 14, 1995 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TOWN OF DRYDEN AMBULANCE DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 -A OF THE TOWN LAW. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Dryden, Tompkins County, New York, relating to the establishment of the Town of Dryden Ambulance District; and WHEREAS, said map, plan and report and the detailed explanation of how the cost of the establishment of said district to a typical property was computed as required by Town Law §209- d(1) have been filed in the office of the Town Clerk of said Town, • where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, the Village Board of the Village of Dryden passed a Resolution consenting that said Village be included in said ambulance district, which Resolution was adopted subject to a permissive referendum as provided by law; and WHEREAS, the Village Board of the Village of Freeville passed a Resolution consenting that said Village be included in said ambulance district, which Resolution was adopted subject to a permissive referendum as provided by law; and WHEREAS, the establishment of said ambulance district shall • include all the property within the Town of Dryden, including the Villages of Dryden and Freeville; and • WHEREAS, the map, plan and report do not contemplate the construction or acquisition of an improvement, but only the performance and furnishing of ambulance service in said Town, as more fully described in the aforesaid map, plan and report; and WHEREAS, the maximum amount to be expended annually does not exceed the sum of $246,850; and WHEREAS, compliance with the provisions of the State Environmental Quality Review Act have been performed and the establishment of the Town of Dryden Ambulance District in the Town of Dryden and the performance and furnishing of the ambulance service have been determined to be an unlisted action, as to which a negative declaration has been made determining that said establishment of said ambulance district and the performance of and • the furnishing of ambulance service will not result in any significant environmental effects; and WHEREAS, an order was duly adopted by said Town Board on November 2, 1995 reciting a description of the boundaries of said proposed ambulance district, the performance of and furnishing of the service proposed, the fact that said map, plan and report, were on file in the Town Clerk's Office for public inspection and specifying the 14th day of November, 1995 at 7:30 o'clock p.m., prevailing time, at the Town Hall, 65 East Main Street, 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 consider the establishment of said ambulance district and said map, plan and report filed in relation thereto and to hear all persons • interested in the subject thereof concerning the same, and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed • by Section 209 -d(1) of the Town Law, and proof of publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report, and the evidence given at said public hearing, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The notice of hearing was published and posted as • required by law, and is otherwise sufficient; b) All the property and property owners within the proposed ambulance district are benefitted thereby; C) All the property and property owners benefitted are included within the limits of the proposed ambulance district, and d) The establishment of said ambulance district is in the public interest. Section 2. The establishment of the Town of Dryden Ambulance District of the Town of Dryden, Tompkins County, New York, to include all the property in the Town of Dryden, including the Villages of Dryden and Freeville, and the performance and furnishing the services therefor as more fully described in the aforesaid map, plan and report is hereby approved and the Town Board on behalf of the ambulance district through contracts, agreements, employees or a combination thereof shall supply general ambulance service in said district to those residents or persons therein requiring the same. Section 3. This resolution is adopted subject to a permissive referendum in the manner provided in Article 7 of the Town Law, Section 4. The Town Clerk shall, within ten (10) days after the adoption of this resolution, file a certified copy of this resolution in the office of the state department of audit and control at Albany, New York, and shall record a certified copy in the office of the Clerk of the County of Tompkins. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) • TOWN OF DRYDEN ) SS: I, SUSANNE LLOYD, duly elected Town Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY. That I have compared the foregoing copy of resolution with the original resolution adopted by the Town Board of the Town of Dryden at a special meeting of said Town held on the 14th day of November, 1995, and that the foregoing is a true and exact copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Dryden this 14th day of November, 1995. (SEAL) Susanne Lloyd, • LEGAL NOTICE NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden, Tompkins County, New York, at a meeting held on November 14, 1995, duly adopted a resolution, subject to a permissive referendum, an abstract of which is as follows: A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AN APPROVING THE ESTABLISHMENT OF THE TOWN OF DRYDEN AMBULANCE DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 -A OF THE TOWN LAW AND AUTHORIZING THE ANNUAL EXPENDITURE NOT EXCEEDING THE SUM OF $246,850 AND FURTHER AUTHORIZING THE PERFORMANCE AND FURNISHING OF AMBULANCE SERVICE ON BEHALF OF SUCH AMBULANCE DISTRICT THROUGH CONTRACTS, AGREEMENTS, EMPLOYEES OR A COMBINATION THEREOF IN SAID DISTRICT TO THOSE RESIDENTS OR PERSONS THEREIN REQUIRING THE SAME. is Dated. Dryden, New York November 15, 1995 ,• f%A 6 1 Wanita Baldwin Deputy Town Clerk s CERTIFICATE OF TOWN OF DRYDEN CLERK I. Susanne Lloyd, Town Clerk of the Town of Dryden, in the County of Tompkins and State of New York, HEREBY CERTIFY, as follows: That the resolution entitled: A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TOWN OF DRYDEN AMBULANCE DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 -A OF THE TOWN LAW, a copy of which is attached hereto and made a part hereof, was adopted by the Town Board of said Town of Dryden and that a notice setting forth the date of adoption of the resolution and containing an abstract of said resolution concisely stating the purpose and effect thereof, was duly posted and published as required by law. That no petition for a permissive referendum, as prescribed by Section 91 of the Town Law, protesting against said resolution and requesting that said resolution by submitted to the qualified electors of the Town for their approval or disapproval has been filed--with the Town Clerk within thirty days after the date of adoption thereof, or at any other time since said adoption. _IN WITNESS WHEREOF, I have hereunto set my hand and the corporate seal of said Town this 15th day of December, affixed 1995. • NOTICE IS HEREBY for the fiscal y in the Office of inspection by an daily and 9:OOAM NOTICE OF PUBLIC HEARING TOWN OF DRYDEN PRELIMINARY BUDGET GIVEN, that the Preliminary ear beginning January 1, 1996 the Town Clerk of said Town, interested person during the to 12 noon Saturday. Budget of the Town of Dryden has been completed and filed where it is available for hours of 9:OOAM to 3:OOPM FURTHER NOTICE and review said IS HEREBY GIVEN, that the Town Preliminary Budget and hold a Board of said Town will meet public hearing thereon at the Town Hall, on the 14th day be heard in favor 65 of East Main St., Dryden, N.Y. County of Tompkins at 7:45PM November 1995, and that at such hearing any person may of or against the preliminary budget as complied, for or against any items other alternative therein contained. $42,350.00 Pursuant to Section 107 of following town officers are Supervisor Councilman (4) Town Clerk Highway Superintendent Town Justice (2) Town Law, the proposed salaries for the hereby specified as follows: $ 8,160.00 $ 8,000.00 Readers for individuals $14,250.00 other alternative communication $42,350.00 individuals with hearing $21,600.00 amanuenses for individuals with manual All persons shall be heard at such time. 'A copy of the entire proposed budget is available at the Town Clerk's Ah Office, 65 East Main Street, Dryden, New York during regular business hours. Readers for individuals with visual impairments, interpreters or other alternative communication measures as appropriate, for individuals with hearing impairments and amanuenses for individuals with manual impairments will be provided as necessary with not less than 48 hours prior notice to the meeting. Please notify the Town Clerk at 844 -8622 from 9 :OOAM to 4:30PM. Monday thru Friday. By order of the Town Board Susanne Lloyd Town Clerk 9 u a r 9 NOTICE OF PUBLIC HEARING TOWN OF DRYDEN • AMBULANCE CONTRACT NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main St., Dryden, N.Y., County of Tompkins on November 14, 1995 at 7:45PM for the purpose of considering contracting with Dryden Ambulance Inc. for ambulance service in the Town of Dryden for an annual sum of $96,305.00 and contracting with Slaterville Fire Department for an annual sum of $4,000.00. All persons interested shall be heard at such time. A copy of the entire proposed budget is available at the Town Clerk's Office, 65 East Main Street, Dryden, New York during regular business hours. Readers for individuals with visual impairments, interpreters or other alternative communication measures as appropriate, for individuals with hearing impairments and amanuenses for individuals with manual impairments will be provided as necessary with not less than 48 hours prior notice to the meeting. Please notify the Town Clerk at 844 -8622 from 9:OOAM to 4:30PM. Monday thru Friday. By order of the Town Board Susanne Lloyd • Town Clerk 40 1 NOTICE OF PUBLIC HEARING TOWN OF DRYDEN • SPECIAL DISTRICT IMPROVEMENTS Notice of hearing to hear objections to assessment roll for water, sewer and lighting districts in the Town of Dryden. NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Dryden has prepared the assessment rolls for parcels of land included in the following water, sewer, ambulance and lighting districts. The following are the proposed rates: Varna Lighting (District #1) - .38 per thousand Total $4,400.00 Etna Lighting (District #2) - .42 per thousand Total $3,100.00 Meadow Drive /Leisure Lane Lighting (District #3) - .77 per thousand, Total $2,300.00 Dryden Ambulance District - .50 per thousand - Total to raise $246,850.00 Sapsucker Woods Sewer (District #1) - 130.44 per unit Total $9,000.00 Varna Sewer (District #2) - 187.47 per unit Total $71,800.00 Cortland Road Sewer (District #3) - 10.94 per unit, .08 per pipe footage, .35 per thousand Total $11,000.00 Monkey Run Sewer (District #4) - 68.92 per unit, 4.26 per thousand, 98.21 per acre = Total to raise $153,000.00 Turkey Hill Sewer (Sewer District #5) - 56.71 per unit, 120.11 per acre, 3.99 per thousand - Total to raise $98,000.00 Varna Water (District #1) - 59.89 per unit, .68 per thousand, .12 per front foot = Total to raise $41,200.00 Snyder Hill Water (District #2) - 299.12 per unit, 2.52 per thousand, .46 per front foot = Total to raise $17,050.00 Monkey Run Water (District #3) - 63.60 per unit, 3.93 per thousand, 90.63 per acre, = Total to raise $141,200.00 Hall Road Water (District #4) - Total to raise $8,100.00 Turkey Hill Water (District #5) - 33.54 per unit, 71.03 per acre, 2.36 per thousand = Total to raise $55,000.00 FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 239 of the Town Law, the Town Board of the Town of Dryden shall hold a public hearing thereon to hear and consider any objections which may be made to said rolls on the 14thday of November, 1995 at 7:45PM at the Dryden Town Hall, 65 East Main Street, Dryden, New York, County of Tompkins. All interested persons shall be heard at such time. A copy of the entire proposed budget is available for inspection together with copies of the assessment rolls at the Town Clerk's Office, 65 East Main Street, Dryden, New York during regular business hours. Readers for individuals with visual impairments, interpreters or other alternative communication measures as appropriate, for individuals with hearing impairments and amanuenses for individuals with manual impairments will be provided as necessary with not less than 48 hours prior notice to the meeting. Please notify the Town Clerk at 844 -8622 9AM to 4:30PM. Monday thru Friday. By order of the Town Board Susanne Lloyd Town Clerk • n LJ NOTICE OF PUBLIC HEARING TOWN OF DRYDEN FIRE CONTRACTS NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main St., Dryden, N.Y., County of Tompkins on November 14, 1995 at 7:45PM for the purpose of considering contracting with the hereinafter designated fire companies for fire protection to be furnished by each of them in the designated fire protection district established in said Town. The following contracts are to be considered. 1- Varna Fire Department $107,908.00 2- Neptune Hose Co. #1 Inc. $138,132.00 3- W B Strong Fire Co. of Freeville 51001528.00 4- Etna Volunteer Fire Co. Inc. $ 92,277.00 5- Brooktondale Fire District $ 9,279.00 A total of $502,124.00 to be raised Proposed fire tax rate $1.22 per thousand 6- The various fire departments shall answer and attend all calls in the fire protection district of the Town of Dryden. 7- Each fire department shall be responsible for any loss or damage to its fire apparatus sustained in answering any such calls. 8- The contracts shall continue for one year, commencing January 1, 1996 9- Such other incidental terms as may be necessary or proper with such contracting. The following additional term applies only to Brooktondale Fire District. Such fire department shall be responsible for payment of all claims for injuries to or death of firemen in connection with such calls. All persons interested in this matter will be heard at such time and place. A copy of the entire proposed budget is available at the Town ' Clerk's Office, 65 East Main Street, Dryden, New York during regular business hours. Readers for individuals with visual impairments, interpreters or other alternative communication measures as appropriate, for individuals with hearing impairments and amanuenses for individuals with manual impairments will be provided as necessary with not less that 48 hours prior notice to the meeting. Please notify the Town Clerk at 844 -8622 from 9:OOAM to 4:30PM. Monday thru Friday. By order of the Town Board Susanne Lloyd Town Clerk I A TB11 -14 -95 Page 3 Mayor Day - questioned the amount of money listed under research. Supv Schug - part of that is the Cortland Road water. The contractual part of that would be the engineer report, legal fees. There is also the Snyder Hill and Varna water and sewer districts. Supv Schug - the town tax will drop next year 13.735 percent from $2.645 this year to $2.283 per thousand assessment in 1996. The biggest cost is taking the ambulance cost out of the general funds and will be a separate line item on the tax bill. RESOLUTION #235 ADOPT BUDGET 1996 Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board adopt the budget as presented for 1996. 2nd Clm Roberts Roll call vote - all voting Yes CITIZEN PRIVILEGE OF THE FLOOR Walter Groman - reported they have a former member of the ambulance department who is willing to come and work for the balance of the year as a part time employee. Full time and part time volunteer with nothing guaranteed as of January 1st to work a full 40 hour week and provide paramedic service. • ATTORNEY Howser vs. Lok & Lim - no change - the town's interest is still protected. Recreation Partnership review - Atty Perkins - the revised agreement has been in contact with the City of Ithaca since July 24th. Perhaps since the mayoral race is over and there is a change of leadership the agreement might be signed. Youth Commission - Cooperative Extension agreements Atty Perkins - the board previously approved the agreement for Sept 11th to December 31st. Since your budget is now in place you can pass a resolution for the calendar year for 1996. RESOLUTION #236 AGREEMENT FOR YOUTH COMMISSION CORNELL COOPERATIVE EXTENSION Clm C. Hatfield offered the following resolution and asked for its adoption% RESOLVED, that this Town Board authorize Supervisor Schug to sign the agreement with Cornell Cooperative Extension for the Dryden Youth Commission for the calendar year of 1996. 2nd Clm T. Hatfield Roll call vote - all voting Yes I r 415_ TB11 -14 -95 Page 4 0 ATTORNEY Baker Hill Road - no change Mott Road culvert - no change Peregrine Hollow - Atty Perkins - on October 10th you considered a request from Ralph Varn to accept the road on less than full completion on his posting security in an amount of $32,700.00. This was to cover recrowning the road in the spring and a double coat of stone and oil. The road was completed up to the stage where you could accept it with one minor change and that is the connection. The connection at the intersection of Snyder Hill Road was redesigned due to some field conditions to provide for a better connection and so the water line was not disturbed on Snyder Hill Road. Dave Putnam - the engineers recommended to keep the site distance along Snyder Hill Road. It was recommended to raise Snyder Hill Road instead of cutting the road west of the project. This would eliminate the need to lower the water and sewer the road for 700 or 800 feet and would save the trees on the DeBell property. Also, with the subsurface soil it would be better not to disturb the soil. Atty Perkins - in connection with the dedication of the improvements the supervisor polled the board because Mr. Varn did not have all of the sewer improvements completed. However, based on the recommendation from the engineer the original amount of the security to be posted with the completion of the improvements was reduced to $13,110.00. This is an amount deemed sufficient to complete the improvements to our town specifications and that figure has a factor of 1.5 applied to it. I explained to Mr. Varn's attorney that the board may want to accept the revised road plan on the condition that the additional money which is held for sewer work will be held for the sewer and road work in the spring. Dave Putnam will have to decide if the $32,700 will be enough to cover the road work for next spring. Dave Putnam - yes, that would be enough money held. He did not think there was enough of a change in the road to make a difference. The only thing might be when he completes the sewer work this year is to look at the numbers and make sure there is enough money there. Atty Perkins - that money is committed for the sewer right now. The only question would be if that is enough money for the road also. Dave Putnam - if he gets the sewer work done and he crowns the road we would have $13,000.00 that we wouldn't have to release to crown the road. P I • • CJ TB11 -14 -95 Page 5 Atty Perkins - with Mr. Varn's position it might be appropriate for the town to have as much security as possible to guarantee there would be funds available should there be warrantee work. The board needs to consider approving the alterations for the road intersection as they were constructed. Having done that the board should decide whether or not the money which was held is enough to complete the sewer improvements and the completion of the road. There should be enough money for completion of the road and the sewer. The $13,000.00 is designed to guarantee that he will build the road back to what is called for in the plans. Supv Schug - wanted to know if a resolution should be made to accept the road so the town can plow it. Atty Perkins - the road is already town property. The $13,000.00 is designed to guarantee Ralph Varn will build the road back to what was called for in the plans. If you accept it as it is do you want to hold $13,110.00 in additional security for the road and sewer improvements and not release it until all of the work has been completed. The required improvements do not have to be completed until August 1, 19964 Supv Schug - Peregrine Way and Settlement Road are now official town roads. Atty Perkins - the Town of Ithaca transports wastewater from Peregrine Hollow subdivision through Town of Ithaca lines to the City of Ithaca lines then to the jointly owned wastewater treatment plant. The supervisor negotiated an agreement with the Ithaca supervisor for the transportation of that wastewater. Board members have copy of agreement and it would be appropriate for the town to consider this agreement with the Town of Ithaca, which has approved this agreement. It provides that the sewer district will pay a transportation charge for wastewater which is very reasonable and will be in place until such time as a comprehensive agreement between all of the parties who transport wastewater have negotiated and overall comprehensive agreement. It also requires that the town caused to be installed at the town line a flow meter to measure wastewater flow. Given the flows at the present time is not sufficient flow to even measure so the agreement calls for the installation of this flow meter on the happening at the earliest of the following events. The first time the combined flow is 3000 gallons a day; at such time there are 10 dwelling units, or by November 7, 1998, 3 years after the dedication. i i TB11 -14 -95 Page 6 Atty Perkins - in connection with that board members received an agreement between Peregrine Partners the developers of the subdivision in the town. It is not the intention the town will install this meter. It is the developer who will install the meter since that was the condition of the approval of the subdivision plat. There are no funds available to establish this at the present time nor does it make any sense to establish it at the present time. There is a plan whereby Mr. Varn will be able to get building permits, but he will not be able to get certificates of occupancy expect on the payment of $5,500.00 per certificate of occupancy which will then be put into a special escrow fund so that by the time the 3 years go by or the 10 dwelling units are constructed or 3000 gallons per day flow there will be sufficient funds available in this fund to construct it. The board should consider the two of these together. Supv Schug - Mr. Varn is supposed to be working with the Town of Ithaca regarding the park program. Atty Perkins - based on the discussion I had with the town attorney for the Town of Ithaca they say the Town of Dryden does not have to worry about the park issue, they will deal with Mr. Varn regarding the park issue. They will get him to put in some improvements for an existing park or they will get him to pay them •a lump sum of money. The Town of Dryden will not have to worry about any continuing expense. Supv Schug - sent board members information regarding modification to the IAWTP SPEDES permit. The city is taking the lead position to do something they should have done in 1987 when the wastewater treatment plant was formed. Atty Perkins - there is no action required by the board. Supv Schug - NYSE &G map policy final draft license agreement - the town has an agreement with NYSE &G for digital information. There I s no problem with the agreement as long as we do not pay any more money. From the way it looks now we will be paying less. ENGINEERING 354 Snyder Hill Rd - water pressure - Hyde - no change ZONING OFFICER Monthly report - given to board members Cortland Paving - Z.O. Slater - I have deferred that to Atty Perkins a long time ago. • I Date: To: From Sub. e C 1 '9 November 9th, 1995 James Schug, Dryden Town Supervisor Henry M. Slater, Zon'ing & Building Code Enforcement Off. October 195 Building & Zoning Activity Report Dear Jim: Building Permits: During the mgnth of October 1957 there were 10 Building Permits issued which are described as follows. A -1 Single of Occupancy Family homes Fire New Starts (2) e Conditional A -1 Single (13) (1) Family extension of Existing homes (3) (2) C -4.1 Erect Private Garage / Storage or Car Port (4) C -7 Install Day Communication Facilities Tower R- Support tower for same (1) Certificates Inspections, of Occupancy and Compliance Fire Cert i Temp f i.G:at / e Conditional of Occ upanr..y Certificates of Occupancy (13) (1) Certificate of Compliance (0) (2) Business Public Inspections, Fire Safety Multiple Residence Facilities (0) Business Facilities (5) Home Day Care Facilities (1) Fire Investigations for the Month of September (0) The ZBA did not meet. The Planning Board did not meet. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney i 0 • C TOWN OF DR YDEN • DRY DEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 In I%a1 I1c,1rl Ibe 1`iiS r .Lrakrr November 7, 1995 Town of Dryden Zoning Board of Appeals Mark Var.vayanis, Chairman 109 West take Road Dryden, New York 13053 Alan LaMotte 397 Fall Creek Road - Freeville, New York :1.3068 Joseph ,Jay 141 Southworth Road Dryden, New York 13053 Charles Hanley 151 Baker hill Road Freeville, New York 13068 Rita Harris 122 Lake Road Dryden, New York 13053 Dear Chairman Varvayanis and Members Appeals: of the 1011 Zoning Board of The Town Board recently voted to discontinue the second Article 78 proceeding it commenced against the Zoning Board of Appeals in connection with the Schlecht variance granted in October. The Board asked that I correspond with you regarding the position of the Town and the reasons behind this action. The first variance granted by the Board of Appeals was the s1.lbject of an Article 78 proceeding which resulted in a judgment by the Supreme Court, Tompkins County annulling and setting aside the first variance because of the lack'of substantial evidence in the record. Thereafter, the applicant applied for another variance and 3 hearings were held in connection with the second application. Apparently, in light of the Supreme court's decision, more of a record was developed, findings of fact prepared and a decision reached which again granted a variance. • Town of November Page 2 Dryden Zoning 7, 1995 Board of Appeals On October. 10, after thoroughly reviewing the circumstances which led to the second variance, but without the benefit of a copy of the minutes of the Zoning Board's meeting (the minutes were not yet available) the Town Board approved the commencement of a second Article 78 proceeding in Supreme Court, Tompkins County to annul and set aside such variance. The reasons for this action by the Town Board had to do with the failure of the applicant to adequately demonstrate practical difficulties. The Zoning Board had taken the position that practical difficulties could be proved by a showing of significant economic injury. Based upon: 1) the advice of counsel, 2) the uncertain status of the law; 3) the belief that the record developed by the Zoning Board in the second variance proceeding did not demonstrate practical difficulties; 4) the magnitude of the relief granted; 5) and the overall lack of adequate proof of significant economic injury not wholly created by the applicant, the Town Board resolved to have the decision reviewed. • Following the commencement of the second Article 76 proceeding the New York State Court of Appeals (on October 19, 1995) reversed a case which the Town had relied upon in forming its opinion and decision to proceed with the second Article 78 proceeding. The court held that an applicant need not show practical difficulties as that test has evolved and existed prior to the 1992 amendments to the Town Law, The Court of Appeals concluded that Zoning Boards are required to engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety and welfare of the community by avolvina the 5 standards set forth in Town Law §267 -b(3) correct in and that Zoning Boards are not required to apply the practical difficulties test as it has evolved in the case law. The Town Board is disappointed by the decision of the Court of Appeals and intends to ask our local legislators to introduce corrective legislation thereby re- establishing the need for a practical difficulties analysis in determining whether to grant area variances. this decision, is compelled to take this action in deference The Town Board firmly believes that it was correct in commencing the first and second Article 78 proceedings. The Town Board also believes it is now appropriate to discontinue the second Article 78 proceeding because of this recent decision by the Court of Appeals. The Town Board, after carefully reviewing this decision, is compelled to take this action in deference to the opinion of the Court. C 0 0 Y � 1 Town of November Page 3 Dryden Zoning 7, 1995 Board of Appeals The Town Board will continue its interest in Zoning Board of Appeals for compliance with and procedural laws. It is the Town Board's Board will protect the integrity of the require adequate proof in the record before either use or area variances. Very ,tru Y. 01 ys,. Ja s F. % Schug To n Supervisor the decisions of the existing substantive hope that the Zoning zoning ordinance and it grants relief for • • 40 TB11 -14 -95 Page 7 Lucente violation - Atty Perkins - Z. 0. Slater has been very anxious to get this resolved. Due to the press of other town business I have not been able to sit down and go over all of the documentation we have received in the last several days. I received more from Henry today and we will go over that hopefully in the next few days. Z.O. Slater - as of today buildings #1 and #2 are ready for C.O.'s. Schedule public hearing - Dean Fowler Oil Store sign 12 -12 7:30PM Schedule public hearing - Big Al's Store - 12 -12 - 7:45PM HIGHWAY SUPERINTENDENT Yellow Barn Rd., Caswell Rd. - work has been done up to the snow turn around. Hile School Rd. - still waiting on prices for box culvert C & D - removal update - board members have information CORRESPONDENCE Dryden Lake police report for the month of October Red Mill bridge - R. Beck - no action taken DISCUSSION Dog licensing local fees - board members have information for consideration. - (copy in minute book). No action taken. Extend W.D.C.C. grant - insurance cost for a 6 month period. RESOLUTION #237 EXTENSION FOR GRANT ON WEST DRYDEN COMMUNITY CENTER Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supervisor Schug to write for an extension of 6 months on a grant for the West Dryden Community Center. 2nd Clm Baker Roll call vote - all voting Yes ZBOA attorney fees for 1996 - letter setting budget limit - bills should be forwarded to ZBOA chairman to be authorized. TB11 -14 -95 Page 8 • RESOLUTION #238 ZBOA ATTORNEY FEES Clm Baker offered the following resolution and asked for its adoption; RESOLVED, that this Town Board authorize Supervisor Schug to send a letter to the ZBOA notifying them the amount budgeted for 1996 ($5,500.00) for attorney fees. 2nd Clm T. Hatfield Roll call vote - all voting Yes RESOLUTION #239 APPOINT DRYDEN LAKE PARK COMMITTEE - Don Payne Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Don Payne to the Dryden Lake Park Committee. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #240 ADOPT ASSESSMENT ROLLS 1996 Clm C. Hatfield offered the following resolution and asked for its adoption: WHEREAS, this Town Board has met at the time and place specified in the notice of the public hearing in the preparation of the assessment rolls of parcels of land included in the water, sewer and lighting districts to base the cost chargeable to said districts in connection with the construction of water, sewer and lighting systems which benefits and improves said districts and heard all persons desiring to be heard thereon: NOW THEREFORE BE IT RESOLVED, that this Town Board does hereby adopt said assessment rolls for this Town for the fiscal year beginning on the first day of January 1996. 2nd Clm T. Hatfield Roll call vote - all voting Yes RESOLUTION #241 VARNA FIRE DEPARTMENT FIRE CONTRACT Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Varna Fire Department in the amount of $107,908.00 to be paid on or about March 1, 1996. This has a provision that the Town will reimburse Varna Fire Department 50 percent of the amount spent for training of its members, with a maximum reimbursement of $5,000.00 2nd Clm T. Hatfield Roll call vote - all voting Yes V'E% P / 6 TB11 -14 -95 Page 9 RESOLUTION #242 NEPTUNE HOSE CO. #1 FIRE CONTRACT 0 Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Neptune Hose Co. #1 in the amount of $138,132.00 to be paid on or about March 1, 1996. This has a provision that the Town will reimburse Neptune Hose Co. #1 Inc. 50 percent of the amount spent for training of its members, with a maximum reimbursement of $5,000.00. 2nd Clm C. Hatfield Roll call vote - all voting Yes RESOLUTION #243 W. B. STRONG FIRE COMPANY OF FREEVILLE $645.00 $110000 all voting Yes - FIRE CONTRACT the Supervisor Clm Roberts offered the following resolution and asked for its adoption: roll. Lake Stone Company Monuments Hatfield Roll 67 -1 -67.2 52 -1 -4.12 call vote - $645.00 $110000 all voting Yes RESOLVED, that this Town Board authorize the Supervisor and Town Clerk to sign the contract with W. B. Strong Fire Company of Freeville in the amount of $100,528.00 to be paid on or about March 1, 1996. This has a provision that the Town will reimburse W. B. Strong Fire Company of Freeville 50 percent of the amount spent for training of its members, with a maximum reimbursement of $5,000.00. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #244 ETNA VOLUNTEER FIRE COMPANY INC. - FIRE CONTRACT Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Etna Volunteer Fire Company Inc. in an amount of $92,277.00 to be paid on or about March 1, 1996. This has a provision that the Town will reimburse Etna Volunteer Fire Company Inc. 50 percent of the amount spent for training of its members, with a maximum reimbursement of $5,000.00. 2nd Clm Roberts Roll call vote - all voting Yes RESOLUTION #245 BROOKTONDALE FIRE DISTRICT Clm Baker offered the following adoption: RESOLVED, that this Town Board Clerk to sign the contract with amount of $9,279.00 to be on or 2nd Clm C. Hatfield Roll resolution and asked for its authorize the Supervisor and Town Brooktondale Fire District in the about March 1, 1996. call vote - all voting Yes RESOLUTION #246 DELINQUENT BILLS ADDED TO 1996 TOWN AND COUNTY TAX ROLL - Outstanding Engineering Services Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, following that this Town Board delinquent bills for authorize the addition of the engineering services outstanding to the 1996 tax Finger Marchell 2nd Clm C. roll. Lake Stone Company Monuments Hatfield Roll 67 -1 -67.2 52 -1 -4.12 call vote - $645.00 $110000 all voting Yes i i I i I • TB11 -14 -95 Page 10 RESOLUTION #247 ADD DELINQUENT WATER AND /OR SEWER BILLS TO THE 1996 TAX ROLL Clm Baker offered the following resolution and asked for its Clm C. Hatfield offered adoption: RESOLVED, that this Town Bicentennial Committee, 2nd Clm Roberts the tax Yes roll the following resolution and asked for its Board, upon the recommendation of the adopt the Sugar Maple as the town tree. Roll call vote - all voting Yes RESOLUTION #249 APPROVE ABSTRACT #111 Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that abstract #111 voucher #861 to #1011 for a total of 8883,304.73 be paid as audited. Voucher #1006 in the amount of $28.00 is to be held for payment until signed by Hwy Supt Gilbert. 2nd Clm Roberts Roll call vote - all voting Yes I a V adoption; RESOLVED, that this Town Board authorize the addition of following delinquent water and /or sewer bills to the 1996 if not paid by November 15, 1995. John Marchell - Acct #K3427 - Parcel #56 -5 -12 water $210.00 - sewer $72.88 = Total 8282.88 Lipinski - Acct #K4267 - Parcel #52 -1 -4.4 water $587.68 - sewer $376.09 = Total $963.77 Reed -,Acct #K4353 - Parcel #55 -1 -15 sewer 8319.96 = Total 8319.96 Schickel - Acct #L3454 - Parcel #43 -1 -19.15 water $382.52 - sewer $264.00 = Total 8646.52 Ebaugh - Acct #L3433 - Parcel #56 -5 -19.1 water $135.30 - sewer 886.59 = Total $221.89 Mazza - Acct #3440 - Parcel #55 -1 -17.2 water $30.00 - sewer 819.20 = Total 849.20 Wheeler - Acct #'s 5168/5169 - Parcel #55 -2 -2.2 sewer $70.40 = Total 870.40 Marchell - Acct #L3426 - Parcel #56 -5 -11 water $31.05 - sewer $19.87 = Total 850.92 Kimball - Acct #'s L3437 & L3438 - Parcel #55 -1 -17.3 water 8399.32 - sewer 8140.43 = Total 8539.75 Great American - Acct #100595 - Parcel #38 -1 -30.11 sewer 8541.16 = Total 8541.16 Tyler - Acct #L3485 - Parcel #43 -1 -8 water 8439.03 - sewer 833.00 = Total $472.03 Kimball - Acct #L3446 - Parcel #53 -1 -7 water 8480.98 = Total $480.98 Sopp - Acct #100604 - Parcel #38 -1 -32 sewer 8231.92 = Total 8231.92 Conklin - Acct #100606 - Parcel #37 -1 -10.2 sewer 8378.20 = Total $378.20 2nd Clm T. Hatfield Roll call vote - all voting RESOLUTION #248 SUGAR MAPLE AS TOWN TREE Clm C. Hatfield offered adoption: RESOLVED, that this Town Bicentennial Committee, 2nd Clm Roberts the tax Yes roll the following resolution and asked for its Board, upon the recommendation of the adopt the Sugar Maple as the town tree. Roll call vote - all voting Yes RESOLUTION #249 APPROVE ABSTRACT #111 Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that abstract #111 voucher #861 to #1011 for a total of 8883,304.73 be paid as audited. Voucher #1006 in the amount of $28.00 is to be held for payment until signed by Hwy Supt Gilbert. 2nd Clm Roberts Roll call vote - all voting Yes I a V • .• RESOLUTION REQUIRING THAT CERTAIN WORK DONE ON TOWN PROPERTY KNOWN AS FAR VIEW DRIVE BE REMOVED AND THE CONDITION OF THE ROAD RESTORED Councilman Ronald Roberts offered the following resolution and asked for its adoption: WHEREAS, the Town previously adopted a resolution authorizing the Supervisor to negotiate and execute an agreement and easement granting to Tompkins- Cortland Community College the right, privilege and authority to install certain improvements within the Town property known as Far View Drive pursuant to the terms outlined in such resolution, and WHEREAS, the consideration for said easement was the agreement by the College to permit a connection by the Town of Dryden to an existing water main owned by Tompkins - Cortland Community College, and WHEREAS, an agreement in principal was reached by the attorneys for the respective parties which agreement was reduced to writing, and WHEREAS, Tompkins- Cortland Community College has now refused to enter into such an agreement, and WHEREAS, due Community College Board of Trustees October 8, 1991 a( Town of Dryden on to certain influences of Tompkins - Cortland on the Village of Dryden, the Village of Dryden has resolved not to approve the terms of the jreement between the Village of Dryden and the behalf of the Cortland Road Water District, WHEREAS, Tompkins- Cortland Community College has therefore without legal authority constructed and placed certain water lines and appurtenances within and across the Town property known as Far View Drive, a Town road owned and maintained by the Town of Dryden, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 10 Tompkins - Cortland Community College shall not utilize such water line and appurtenances which lie within the Town property until an agreement in writing between Tompkins - Cortland Community College and the Town of Dryden is signed permitting such use and the Village of Dryden has ratified the October 8, 1991 agreement. 2. In the event that Tompkins - Cortland Community College utilizes such water line without a signed agreement with the Town of Dryden, then the Town Supervisor is authorized and directed to institute proceedings against Tompkins - Cortland Community College to cause the removal of said water line and other appurtenances or to enjoin the use of the same pending the signing of an agreement by Tompkins- Cortland Community College and the Town of Dryden. 3. This resolution shall take effect immediately and a certified copy thereof shall be transmitted by the Town Clerk to the President of Tompkins - Cortland Community College and to their legal counsel. Seconded Councilman John Baker. 64 • 41 ....: RESOLUTION REQUIRING THAT CERTAIN WORK DONE ON TOWN PROPERTY KNOWN AS FAR VIEW DRIVE BE REMOVED AND THE CONDITION OF THE ROAD RESTORED Councilman Ronald Roberts offered the following resolution and asked for its adoption. WHEREAS, the Town previously adopted a resolution authorizing the Supervisor to negotiate and execute an agreement and easement granting to Tompkins - Cortland Community College the right, privilege and authority to install certain improvements within the Town property known as Far View Drive pursuant to the terms outlined in such resolution, and WHEREAS, the consideration for said easement was the agreement by the College to permit a connection by the Town of Dryden to an existing water main owned by Tompkins- Cortland Community College, and WHEREAS, an agreement in principal was reached by the attorneys for the respective parties which agreement was reduced to writing, and WHEREAS, Tompkins - Cortland Community College has now refused to enter into such an agreement, and WHEREAS, due to certain influences of Tompkins - Cortland Community College on the Village of Dryden, the Village of Dryden Board of Trustees has resolved not to approve the terms of the October 81 1991 agreement between the Village of Dryden and the Town of Dryden on behalf of the Cortland Road Water District, WHEREAS, Tompkins - Cortland Community College has therefore without legal authority constructed and placed certain water lines and appurtenances within and across the Town property known as Far View Drive, a Town road owned and maintained by the Town of Dryden, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 10 Tompkins - Cortland Community College shall not utilize such water line and appurtenances which lie within the Town property until an agreement in writing between Tompkins- Cortland Community College and 'the Town of Dryden is signed permitting such use and the Village of Dryden has ratified the October 81 1991 agreement. 2. In the event that Tompkins - Cortland Community College utilizes such water line without a signed agreement with the Town of Dryden, then the Town Supervisor is 1. authorized and directed to institute proceedings against • Tompkins- Cortland Community College to cause the removal of said water line and other appurtenances or to enjoin the use of the same pending the signing of an agreement by Tompkins- Cortland Community College and the Town of Dryden. 3. This resolution shall take effect immediately and a certified copy thereof shall be transmitted by the Town Clerk to the President of Tompkins - Cortland Community College and to their legal counsel. Seconded Councilman John Baker. u 0 I I • CJ TB11 -14 -95 Page 11 RESOLUTION #250 AUTHORIZE DEPUTY CLERK TO COUNTERSIGN CHECKS OVER $10,000 - NITA BALDWIN Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Deputy Town Clerk Baldwin to countersign all Supervisor's check over $10,000.00 in the absence of Town Clerk Lloyd. 2nd Clm Baker Roll call vote - all voting Yes FINANCIAL REPORT - available to board members JUSTICE REPORT - $15,774.00 Recessed for executive session - 9 :30PM Reconvened at 10:30PM and the following action was taken Supv Schug - appointed Clm C. Hatfield and Clm T. Hatfield as liaison to work with Dryden Village at their request for the Cortland Road water district. RESOLUTION #251 REQU ON TOWN PROPERTY KNOWN THE CONDITION Clm Roberts offered the follo adoption: (copy in minute 2nd Clm Baker Roll call NEW BUSINESS IRING THAT CERTAIN WORK DONE AS FAR VIEW DRIVE BE REMOVED AND OF THE ROAD RESTORED wing resolution and asked for its book) vote - all voting Yes December 12th - regular board meeting December 27th - noon - end of the year meeting January 3rd - noon Organizational meeting. Adjourned: Susanne Lloy Town Clerk 10a45PM / L E I R I