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HomeMy WebLinkAbout1992-12-29TOWN N BOARD MEETING DECEMBER 29, 199: _ Supv Sch�_lg called the board meeting try order at 1ca(")o ni.-j n Roll call was by the Town Clerk Present=, S+_lpv Schug, Clm Rc iberts, Clm Baker, Clm Hatfield, Clm Corrigan, Z.O. Slater and Atty Perkins CORRESPONDENCE Atty trailer 1993. Perkins is supposed There is - reported a .judgement on tiw1 be the Breindinger removed clause from the that if it & Daly property. prr.iperty is not by July .remi.nved The 1, the t • awn will have it remi_ived i.-iffered Luker arid the expenses incurred will be added to the pri.-jperty tax. and asked fi_,r its Supv Sch,_lg expense - that will send was billed letter to ti_1 cou -hty the town. regarding election RESOLUTION #217 APPRECIATION TO YOUTH COMMISSION Clm Roberts ads apt iono 2nd Clm i.-iffered Luker (copy in the minl_lte Roll fol call liwMirill resolution bank) vote - arid all. voting asked Yes for its RESOLUTION SCHEDULE PUBLIC HEARING FOR PROPOSED ZONING CHANGE Clm Carrigan offered the following res1_jlut ij.1n and asked fi:xr its adopt icon a Resolved, that this T•iwn B oard schedule a public hearing can January 19, 1993 at the Dryden TiT1wn Hall at 7v(')0 PM. ;end Clm Baker Roll call vj_1t e - all vc.it i ng Yes RESOLUTION! #21.9 ORDER _TO WATER DIST Clm Hatfield offered the frillc,iwing r adopt ion (cripy in minute book.') ;ter +d Clm Corrigan Roll call PROCEED TURKEY HILL_ RICT esr. 1l i_lt i i.-jn and asked for its vote - all vizit ing Yes RESOLUTION #220 ORDER TO F'ROCEEI) "f'11RKE-Y HILL_ SEWER DISTRI"i" C Clm Baker Iffered the fi_Il lr. swing resol ut i zin and asked fi_,r its adopt i:in an icy spy in minute bi .-iok.) 2nd Clm Hatf i e l d Roll 1 1 ca 1 1 vote - a l l vs •t i rig Yes RESOLUTION #x;62'.1_ APPROVE_ FINAL... _ ABSTRACT _ #11.3 Clm Roberts offered the following resolution and asked for its adoptions RESOLVED, that the bills be paid as audited expect for vi_iucher= #1059 in the amount of $11645.39. Vizlu.cher #1(=)14 to #1071 for an am+_urlt r.if $5259234.41. 2nd Clm Hatf i e l d Roll call vote - all vi -.1t i n g Yes i i i i • RESOLUTION DATED DECEMBER 29, 1992. A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED WATER DISTRICT, IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO BE KNOWN AS TURKEY HILL WATER DISTRICT OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK. WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has duly caused to be prepared a map showing the boundaries of a proposed Water District in said Town, to be known as Turkey Hill Water District, and a general plan to serve said Water District, and a report of the proposed improvements and method of operation thereof including an estimate of cost; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, • where the same are available during regular office hours for examination by any persons interested in the .subject matter thereof; and WHEREAS, the establishment of the Turkey Hill Water District and the capital project proposed therefor, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as proposed the Town Board has determined will not have any significant effects on the environment, and 9 I -2- a WHEREAS, an order was duly adopted by said Town Board on August 26, 1992, reciting a description of the boundaries of the Turkey Hill Water District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said map, plan and report, including an 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., local time, at the Town Hall, 65 E. 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 consider the establishment of the Turkey Hill Water District and said map, plan and report (_including estimate of cost) 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 of the Town Law, and proof of publication and posting have 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 • H I • -3- WHEREAS, said Town Board duly considered said map, plan and report (including estimate of cost) and the evidence given at said public hearing; and WHEREAS, said Town Board in proceedings adopted September 81 1992 subject to permissive referendum, has made the determinations required by Section 209 -e of the Town Law and directed the Town Clerk to file an application with the Office of the State Comptroller for permission to establish Turkey Hill Water District within ten days after the effective date of said resolution, and WHEREAS,. a petition was properly filed and a referendum duly held on December 15, 1992, at which time a proposition was • approved regarding the establishment of said District; and WHEREAS, the Town Board has thereafter reviewed said application to the State Comptroller; 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, review of the certificate as to referendum result and review.. of the application to the Office of State Comptroller for permission to establish the Turkey Hill Sewer District, it is hereby found and determined as follows: • -4- a) The application to the Office, of the State Comptroller attached hereto as Exhibit A and hereby made a part hereof was prepared at the direction of this Town Board and this Town Board believes its contents to be accurate; b) The establishment of the proposed Turkey Hill Water District is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; c) All the proposed the preai • d) All the included property and property owners within the Turkey Hill Water District, as described in nbles hereof, are benefited thereby, and property and property owners benefited are within the limits of the proposed Turkey Hill Water District, Section 2. The Town Clerk shall, as soon as practicable and in any event within ten (10) days, file certified copies of this resolution in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with the application by this Board in duplicate for permission to establish the Turkey Hill Water District as provided for by subdivision 3 of Section 209 -f of the Town Law of the State of New York; and such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town. • Section 3. This resolution shall take effect immediately. 9 C APPLICATION TO STATE DEPARTMENT OF AUDIT AND CONTROL . AND STATE COMPTROLLER FOR PERMISSION TO ESTABLISH THE TURKEY HILL WATER DISTRICT n U • The application of the Town of Dryden, Tompkins County, New York respectfully shows to the State Department of Audit and Control, and State Comptroller as follows. This application is made for permission to establish the Turkey Hill Water District and is made pursuant to Town Law §209 -f and 2 NYCRR, Chapter III, Part 85. 2 NYCRR, Chapter following information. III, Part 85 (Section 85.4) requires the (a) The documents and information required to be included by the provisions of the Town Law are set forth in Town Law §209 - f(3)(a) and include the following all of which are attached hereto and incorporated herein by reference: Exhibit 1 - Certified copy of the resolution adopted September 81 1992 approving establishment of the Turkey Hill Water District, Exhibit 2 - Certified copy of Notice of Public Hearing calling a Public Hearing for September 8, 1992. Exhibit 3 - Proof of publication of Notice of Public Hearing on August 28, 1992 for hearing to be held September 8, 1992. Exhibit 4 - Affidavit of Posting of Notice of Public Hearing on August 28, 1992 for hearing to be held September 8, 1992. Exhibit 5 - Map, Plan and Report prepared by Hunt Engineers & Architects dated November, 1989 and revised May, 1991 filed in the Town Clerk's Office pursuant to Town Law §209 -c. (b) A description of the proposed improvements are found in pages 5 - 7 of the Map, Plan and Report which was filed in the Town Clerk's Office pursuant to Town Law §209 -c and those pages are attached hereto and incorporated herein by reference as Exhibit 6. (c) The maximum cost of the proposed improvement in $606,475.00. (d) The factors which the Town Board considered in making its determination that the proposed improvements are in the public interest and which demonstrate a basis for the Board's determination that the proposed improvements are necessary, convenient or desirable and that all property upon which the assessments are to be imposed will be benefitted by the improvements and that no benefitted property has been excluded are set forth in this paragraph. Public Interest Determination and Determination that Proposed Improvements are Necessary, Convenient or Desirable: The Town Board relied on correspondence and comments from residents elicited at various Town Board meetings prior to the commencement of the present proceedings and at public hearings and Town Board meetings which took place after the commencement of these proceedings. The map, plan and report (Town Law §209 -c) pp. 11 2 prepared in connection with the proposed project also sets forth various factors which the Town Board considered in making its public interest determination. Those factors include: (1) The construction of the project would provide much needed fire protection and a resulting decrease in homeowner's insurance premiums. (2) Many private wells serving properties in the proposed district are marginally adequate for the furnishing of an adequate potable water supply. The ability to furnish an unlimited supply of high quality potable water with adequate pressure is an important factor. The Town is a member of the Southern Cayuga Lake Intermunicipal Water Commission (the Bolton Point project). (3) The previous construction of the water storage tanks and distribution systems of the Monkey Run Water District and Hall Road Water District facilitate the construction of the proposed I mprovements since it will make the cost of improvements less expensive. (4) Making provision for municipal water to the proposed district will encourage the development of vacant lands within the proposed district consistent with local zoning requirements and thereby providing a larger tax base, more residential housing opportunities and more opportunities for environmentally sound growth since municipal water and municipal sewer will be available. 0 Determination that All Property upon which Assessments are to be Imposed will be Benefitted by the Improvements and that no Benefitted Property has been Excluded. The Town Board had made its determinations that: 1) all property upon which the assessments are to be imposed will be benef fitted; and 2 ) no benef itted property has been excluded from the proposed district upon a review of the map, plan and report prepared by Hunt Engineers and Architects and filed in the Town Clerk's Office pursuant to Town Law §209 -c and review by the Town Board of the Town of Dryden Tax Maps which show the several parcels of the proposed district, and from comments from the public and affected property owners received by the Town Board at regular and special Town Board meetings and at public hearings held before the Town Board on such map, plan and report. (e) (1) The proposed method of financing the cost of said improvements is by the issuance of $606,475.00 serial bonds of said Town having a maximum maturity not exceeding 40 years. The projected interest rate is 7% (or less) for 20 year serial bonds and is based upon estimates obtained from the Tompkins County Trust Company, Ithaca, New York and is based upon the Town's bond rating by Moody's (A). Based upon recent bond sales statewide, and locally, it is believed that the proposed financing is reasonable under current market conditions. The Addenda to Exhibit 5 which shows the projected benefit assessments is based on issuing 20 year serial bonds. (e)(2) No State or Federal aid is anticipated. (f) The estimate of the cost of operation and maintenance is $2,500.00 per year based upon the Map, Plan and Report prepared by licensed professional engineers and submitted along with this application. (g) The cost of debt service and operation and maintenance shall be annually apportioned and assessed upon the several lots and parcels of land within the proposed district which the Town Board shall determine and specify to be especially benefitted by the improvements in an amount sufficient to pay the principal and interest on the bonds as the same become due and to pay the annual cost of operation and maintenance of said district. Assessments are to be made on a benefit basis and the proposed formula is more particularly set forth as an Addenda to the Map, Plan and Report. The formula is based on raising 10% of 10 such annual costs on assessed values and raising 90% of such annual costs on a unit basis. Estimated annual costs for debt service for each benefitted parcel are more particularly shown under the appropriate column of "Water" 7% (interest rate) on the attached Addenda to the Map, Plan and Report (Exhibit 5). (h) The aggregate assessed valuation of the taxable real property in the proposed district as shown on the latest completed assessment role is $11,856,200.00. (i) N/A (j) N/A (k) The average full valuation of the taxable real property of the Town computed pursuant to the first paragraph of subdivision seven -a of section 2.00 of the Local Finance Law is $483,962,912900. • w z > r Fi :3: v W x� W v H �4 (n v �i: v v m O O G Al O K > Pl O�$ K O O K O K K (D rw F-J z rt (n m z 14C z �s "C "C � ' C "C ' C K rt t1i � a rr xa cn �rm aa� x a a x a mam ^H'• En O H Q% (D (D • • (D (D (D (D (D (D (D (D (D W r H H "C "C z 0 � K z "C H Fe o ' �J cD • N �f 9d En Al �d 'z Z x Z �d Cn En w a 5 (D W (D 0 (D a 0 He a v 0 H• 0 Va (D (D O H• H- a a O z£ �l Fee, rtK :J N rt �l g g Z Z N z rt (D H (D 'bC F-I (D (D (D a kQ (D t7 fn K z K a : K En K K N a ro (D rt 0 (D 0) (D H- rt 0 s✓ v (D rt W v rt w v v C7 z cn M K (D He K (D rt H• (D rt He (D H• H- a rt G (l K ul K (D UJ O K (D Ul K N Ul (D W r rt v K rt K rt rt rt v rt H• H• He v K v K v K K rt (D (n Ul ul w He Ul H• v H• V He v H- H• H- w (D 0 Ul F� (D N 0 rt N H- 0 (D N H• 0 Ul 0 0 a (D iz (D rt rt K rt (n rt :34 rt m rt rt rt Mt z (D H- K rt 0 K rt K (D rt a O H- 4tz 0 He" z F-' H- K z H• 4t� 44Z N �j O N rt 0 H• O M 0 H• O 0 N ►-+ N O H• rt rt rt 0 rt 0 rt M Q 0) ft N M rt H O H •. K MY tr ft a (D 'C/} do <A -Ul :!? in {n -n {n 'm v K F—' ( Feb, F• � Ul In 00 y a U) W W l0 0 W 0 l0 o? J 00 N H Ul 0 O J Ul J J 00 0) N H• 0) O bP U1 606 N 006 ON H• ^y (D N M 00 00 000 (v 0) 0) O O FA O O 00 p1 Ul O J J O O O F W W O O w O O O K P A 00 O Ul Ul O O N O O 00 . . 0 0 0 0 0 0 0 w K Al 00 000 (L 00 O O O O O O pl pa H 00 coo r �� 0 O o O O O F-' 0 :1 (D 0 (D (D N K O m 4A <A -M "Co 4n {n OEn {n OEn H (D w Ul l0 N FJ w •• AP .P J W W N N N J Fa O H N H F-' l0 l0 t0 Ul O N O m N W F-' O O 00 w l0 OP. O O N N O N co H H w pP p? Ul O O O O O Ul O 00 00 Ul J 00 K 00 0 0 0 0 o O K 0o 000 00 O o O O O o cc coo K 00 0 o O 0 O o Ft :h �R -n H in in i/? �n in in in l0 N P A ON N .P W H F-' J N l0 Fes F—' H J Ul N .P O W O Ul l0 N H O O N Ul 01 N Ul N 00 0 FJ 01 J F-' H Ul 0) l0 F+ N J J J O N Ul 00 00 000 K 00 Ul Ul Ul O Ul O . . . . . p . . • • . . C C • 00 000 O O O O O O O O 00 000 K 00 O O O O O O H- tU • (m) The appropriations made during the current fiscal year for repayment of debt principal for the Town is $261,085.00. The amount of any State or Federal aid available for the payment of debt principal is zero. The amount of all Town debt excludable for purposes for computing the Town's debt limit under Article VIII of the New York State Constitution is $747,887.04. (n) N/A (o) The current tax rates and assessments applicable to the taxable real property which will bear the cost of the proposed improvements are as follows: (1) Tompkins County - $4.69 (per $1,000 of assessed valuation). (2) Town of Dryden, including highway - $2.446 (3) Ithaca City School District - $13.150 (4) Town of Dryden Fire Protection District - $19033 0 (5) N/A (p) Assessed value of a Typical Property is $84,600.00. (q) The amount that it is estimated that the owner of a Typical Property will be required to pay in the first year following approval of the application, if granted, is as follows: Debt Service - $286969 Operation and Maintenance - $10.55 User Charges - N/A Hookup Fees - N/A The debt service is based upon the benefit assessment formula set forth in the Addenda to the Map, Plan and Report. [See also (g) above]. The operation and maintenance is proposed to be raised by the same benefit assessment formula and is based upon an estimated annual operation and maintenance expense of $2,500.00 as set forth in (f) above. The construction costs of the proposed improvement were lessened since no water storage tank is proposed to be • constructed. Water storage will be shared with the Monkey Run Water District and the Hall Road Water District. The proposed district will pay a share of the costs of the construction of a 400,000 gallon storage tank that was built in connection with the original improvements of the Hall Road Water District. Most of the costs of such tank have already been paid by the principal benefitted user of the tank. The estimated first year expense to the proposed district to cover its share of the balance of such construction costs is $1,450.00. This cost is proposed to be raised by the same benefit assessment formula [see (f) above). A Typical Property is the same as a Typical One or Two Family Home. (r) The maximum amount any real property owner will be required to pay in the first year following approval of the application, if granted, is as follows: Debt Service Operation and User Charges Hookup Fees - $6,887.61 Maintenance N/A N/A $253.51 (See Addenda to Map, Plan and Report, line #78; Parcel 57 -1- 17; [Reed, Alton] 28 units; assessed value $355,000; 70.98 acres). (s) The area which will bear the cost of the proposed improvements contain no State lands. (t) The area which will bear the cost of proposed improvement is not wholly or partially within an existing or proposed agricultural district. (u) The population of the area which will bear the cost of the improvement is 393. There are (95) one and two family homes located in the area. The assessed value of a typical one family home is $84,600.00. There are three major non - residential areas which are identified as the Alton Reed property, the Stevens property and the Clark property. The Alton Reed property consists of 70.98 acres and is identified as Town of Dryden Tax Map Parcel #57 -1 -17. The Stevens property consists of 25.14 acres and is identified as Town of Dryden Tax Map Parcel #54- 1 -9.2. The Clark property consists of 26.15 acres and is identified as Town of Dryden Tax Map Parcel #56- 4 -5.2. All of the parcels are shown on the map included in the Map, Plan and Report. These parcels are privately held for development. The Reed and Clark properties are likely to be purchased by Cornell University, an adjacent owner. The Stevens property will in all likelihood be developed for single family residences by subdividing it at such time as public water and sewer is available to that parcel. There are no existing proposals for the development of any vacant land other than the speculation as set forth in this paragraph (u). (w) At the present time it is not contemplated that service will be sold to users outside the proposed district. In the event a potential user desires service, an equitable formula will be determined at that time to establish the amount of the annual charges and pursuant to past Town policies, the cost to out - of- district user will be at a premium because of the fact that the property is located out of the district. (x) None. (y) Attached as Exhibit 7 are copies of sample correspondence sent to each property owner within the proposed district advising them of the current status of the project and the cost including the estimated first year cost. In addition these costs were presented at the Public Hearing held October 2, 1991 and were presented at such hearing by George Schlecht, P.E. and Hunt Engineers & Architects, the authors of the Map, Plan and Report. (z) Following the public hearing on September 8, 1992 the Town has not received any written comments from the owners of the real property that will bear the cost of the improvements expressing opinions with respect to the undertaking of the improvements. DATED: December 29, 1992 U 0 VERIFICATION STATE OF NEW YORK: SS. COUNTY OF TOMPKINS. James F. Schug, being duly sworn, deposes and says that he is the Supervisor of the Town of Dryden, the municipal corporation named within the entitled application; that he has read the foregoing application and knows the contents thereof, and the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. Sworn to before me this 29th day of December, 1992. SUSANNE LLOYD Notary Public,, State of New York No. 4620376 J�talified in Tompkins County Tam Expires biesch� 30, 14 0 0 EXHIBITS NOT ATTACHED BUT FILED WITH TOWN CLERK E RESOLUTION DATED DECEMBER 29, 19926 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED SEWER DISTRICT, IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO BE KNOWN AS TURKEY HILL SEWER DISTRICT OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK. WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has duly caused to be prepared a map showing the boundaries of a proposed Sewer District in said Town, to be known as Turkey Hill Sewer District, and a general plan to serve said Sewer District, and a report of the proposed improvements and method of operation thereof including an estimate of cost; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the. Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, the establishment of the Turkey Hill Sewer District and the capital project proposed therefor, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as proposed the Town Board has determined will not have any significant effects on the environment; and 9 i �I -2- • WHEREAS, an order was duly adopted by said Town Board on August 26, 1992, reciting a description of the boundaries of the Turkey Hill Serwer District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that ,1 said map, plan and report, including an 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., local 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 consider the establishment of the Turkey Hill ® Sewer District and said map, plan and report (including estimate of cost) 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 of the Town Law, and proof of publication and posting have 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 CI E -3- WHEREAS, said Town Board duly considered said map, plan and report (including estimate of cost) and the evidence given at said public hearing; and WHEREAS, said Town Board in proceedings adopted September 8, 1992 subject to permissive referendum, has made the determinations required by Section 209 -e of the Town Law and directed the Town Clerk to file an application with the Office of the State Comptroller for permission to establish Turkey Hill Sewer District within ten days after the effective date of said resolution; and WHEREAS, a petition was properly filed and a referendum duly held on December 15, 1992, at which time a proposition was approved regarding the establishment of said District; and WHEREAS, the Town Board has thereafter reviewed said application to the State Comptroller; 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, review of the certificate as to referendum result and review of the application to the Office of State Comptroller for permission to establish the Turkey Hill Sewer District, it is hereby found and determined as follows: I i d �I • -4— a) The application to the Office of the State Comptroller attached hereto as Exhibit A and hereby made a part hereof was prepared at the direction of this Town Board and this Town Board believes its contents to be accurate; b) The establishment of the proposed Turkey Hill Sewer District is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; c) All the property and property owners within the proposed Turkey Hill Sewer District, as described in the preambles hereof, are benefited thereby; and d) All the property and property owners benefited are included within the limits of the proposed Turkey Hill Sewer District, Section 2. The Town Clerk shall, as soon as practicable and in any event within ten (10) days, file certified copies of this resolution in duplicate in the office of the State Department, of_Audit and Control at Albany, New York, together with the application by this Board in duplicate for permission to establish the Turkey Hill Sewer District as provided for by subdivision 3 of Section 209 -f of the Town Law of the State of New York; and such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town. ® Section 3. This resolution shall take effect immediately. I a N C. APPLICATION TO STATE DEPARTMENT OF AUDIT AND STATE COMPTROLLER FOR PERMISSION TO ESTABLISH THE TURKEY HILL SEWER DISTRICT AND CONTROL The application of the Town of Dryden, Tompkins County, New York respectfully shows to the State Department of Audit and Control, and State Comptroller as follows: This application is made for permission to establish the Turkey Hill Sewer District and is made pursuant to Town Law §209 -f and 2 NYCRR, Chapter III, Part 85, 2 NYCRR, Chapter III, Part 85 (Section 85.4) requires the following information: (a) The documents and information required to be included by the provisions of the Town Law are set forth in Town Law §209 - f(3)(a) and include the following all of which are attached hereto and incorporated herein by reference: Exhibit 1 - Certified copy of the resolution adopted September 81 1992 approving establishment of the Turkey Hill Sewer District, Exhibit 2 - Certified copy of Notice of Public Hearing calling a Public Hearing for September 8, 1992. Exhibit 3 - Proof of publication of Notice of Public Hearing on August 28, 1992 for hearing to be held September 8, 1992. Exhibit 4 - Affidavit of Posting of Notice of Public Hearing on August 28, 1992 for hearing to be held September 8, 1992. Exhibit 5 - Map, Plan and Report prepared by Hunt Engineers & Architects dated November, 1989 and revised May, 1991 filed in the Town Clerk's Office pursuant to Town Law §209 -c. (b) A description of the proposed improvements are found in pages 5 - 7 of the Map, Plan and Report which was filed in the Town Clerk's Office pursuant to Town Law §209 -c and those pages are attached hereto and incorporated herein by reference as Exhibit 6. (c) The maximum cost of the proposed improvement in $914,422.00. . (d) The factors which the Town Board considered in making its determination that the proposed improvements are in the public interest and which demonstrate a basis for the Board's determination that the proposed improvements are necessary, convenient or desirable and that all property upon which the assessments are to be imposed will be benefitted by the improvements and that no benefitted property has been excluded are set forth in this paragraph. U n. u Public Interest Determination and Determination that Proposed Improvements are Necessary, Convenient or Desirable: The Town Board relied on correspondence and comments from residents elicited at various Town Board meetings prior to the commencement of the present proceedings and at public hearings and Town Board meetings which took place after the commencement of these proceedings. The map, plan and report (Town Law §209 -c) pp. 11 2 prepared in connection with the proposed project also sets forth various factors which the Town Board considered in making its public interest determination. Those factors include: (1) Many properties within the proposed district are experiencing failing septic systems. (2) Replacement septic systems are very expensive due to soil, topography and regulations governing such septic systems. (3) Septic systems have a relatively short limited life and require periodic pumping and maintenance and eventual replacement. (4) For many properties the costs associated with benefit assessments to pay for a sanitary sewer system will be less than the cost of replacing a septic system, (5) The ability of the proposed district to utilize existing wastewater transportation facilities makes the cost of the proposed project attainable for the typical property. No major transportation sewer mains or treatment facilities will have to be built thereby keeping the cost of the proposed district and improvements as low as possible. The Monkey Run Sewer District, the private sewer lines to be purchased (at a predetermined formula price) from Reed and the Dryden Sewer District No. 1 sewer lines are all available for transporting sewage from the proposed district. (6) Sanitary sewer systems are a preferred method of handling, treating and disposing of household and commercial wastewater from the proposed district since this wastewater will be transported to the Ithaca Area Wastewater Treatment Plant where it will be treated and discharged in and from a state of the art wastewater treatment facility, thereby protecting the residents of the proposed district from the dangers associated with failed or failing on site septic systems and protecting the environment for all residents of the Town of Dryden and Tompkins County. (7) The public health, safety and welfare will be enhanced and protected by municipal transportation, treatment and discharge of wastewater from the proposed district. (8) Making provision for municipal sewer to the proposed district will encourage the development of vacant lands within the proposed district consistent with local zoning requirements and thereby providing a larger tax base, more residential housing opportunities and more opportunities for environmentally sound growth since municipal water and municipal sewer will be available. Determination that All Property upon which Assessments are to be Imposed will be Benefitted by the Improvements and that no Benefitted Property has been Excluded. The Town Board had made its determinations that: 1) all property upon which the assessments are to be imposed will be benefitted, and 2) no benefitted property has been excluded from the proposed district upon a review of the map, plan and report prepared by Hunt Engineers and Architects and filed in the Town Clerk's Office pursuant to Town Law §209 -c and review by the Town Board of the Town of Dryden Tax Maps which show the several parcels of the proposed district, and from comments from the public and affected property owners received by the Town Board at regular and special Town Board meetings and at public hearings held before the Town Board on such map, plan and report. (e) (1) The proposed method of financing the cost of said improvements is by the issuance of $914,422.00 serial bonds of said Town having a maximum maturity not exceeding 40 years. The projected interest rate is 7% (or less) for 20 year serial bonds and is based upon estimates obtained from the Tompkins County Trust Company, Ithaca, New York and is based upon the Town's bond rating by Moody's (A). Based upon recent bond sales • statewide and locally, it is believed that the proposed financi , ng is reasonable under current market conditions. The Addenda to Exhibit 5 which shows the projected benefit assessments is based on issuing 20 year serial bonds. (e)(2) No State or Federal aid is anticipated. (f) The estimate of the cost of operation and maintenance is $5,000.00 per year based upon the Map, Plan and Report prepared by licensed professional engineers and submitted along with this application. (g) The cost of debt service and operation and maintenance shall be annually apportioned and assessed upon the several lots and parcels of land within the proposed district which the Town Board shall determine and specify to be especially benefitted by the improvements in an amount sufficient to pay the principal and interest on the bonds as the same become due and to pay the annual cost of operation and maintenance of said district. Assessments are to be made on a benefit basis and the • proposed formula is more particularly set forth as an Addenda to the Map, Plan and Report. The formula is based on raising 10% of such annual costs on assessed values and raising 90% of such annual costs on a unit basis. Estimated annual costs for debt service for each benefitted parcel are more particularly shown under the appropriate column of "Sewer" 7% (interest rate) on the attached Addenda to the Map, Plan and Report (Exhibit 5). (h) The aggregate assessed valuation of the taxable real property in the proposed district as shown on the latest completed assessment role is $11,856,200.00. (i) N/A ( j ) N/A (k) The average full valuation of the taxable real property of the Town computed pursuant to the first paragraph of subdivision seven -a of section 2.00 of the Local Finance Law is $483,962,912.000 LJ • ai • N d) N O 04 s~ 3 O r-I r•i O W En In (1) 4J ro r. IH N U) N -r1 0 A Q) N -ra 0 z zz �4 0 0 0 0 0 0 00 �4 000 00 0 0 0 0 o O 00 in 000 00 O0 . . 0 0 0 . . O . . . . . �4 O to 0 LO to LO 00 �4 000 co co LO N O I` r` I` r-I H 01 10 to r-1 H l� k0 H 0) c0 N to r4 0 to N O O Q < r•I N 01 U1 o M O d' r-i In r� .-I r-I M ri Ol to ct d N 0) 0) 0) r I (R V)r i/r Vr W- V)- H � O O O •r-4 •r-I -P -P m 0 •,-i •r1 �4 0 O o 0 0 0 00 i4 000 0 0 o O O O o O 00 000 0 0 O. . . . . . . . O . . . . . �4 O 0 0 0 0 O 0 0 34 CO r` to O Co In C) to O O o O O In Q �qc:r 01 r-I r-I co N O N N O O d la 0) 0) c0 O O . ft F:4 H M N %D o N o to Ol Ol 01 r-I r-I N r I O e-I l� r♦ r-I N 01 r I N 0) 01 0) r-I i/i Vr slr t!r Vr t/r Ur r-I Vr t!r t? • • O Q) O r-I o 0 o O O O dr d r-4 000 O O 04 (d o O O O o O 00 (d 000 O O �4 0 co O o N O O to to O O O d d Qa r4 o 0 0 0) 0 0 0) dl r-I 000 N (d co o O H O O %D 0 (d O O o co co Q) 3 . w . d . N . d' . to . %::r . to •r1 . N l0 . w l� . J:: O U Ul r-I N CO r� d 0) U M m M M ra Ei z co LO t!1 r-I .--I S-( ri $4 r-I a yr yr ur Vr - u} Vr yr a yr yr �r z 4-) � p•• U H O ri 44 H rt) 44 4J O +, � O N r-I N U O •r1 U 44 0 •r1 U 4J r-i U O N 41, 41Z •r1 z p •r1 r-I z S4 •rl U 44z: •rl O ;J Q) )-I 4J P (d 4.) �4 aH �4 U z z +J aJ 4J aJ fn aJ 4m) (A dJ �4 4J aJ Q) (1) b U U N U •r1 fn Q) U •rl 0) 4J U U1 Q) ri F4 Q) •rl •r1 •rl •r.1 Q rl Si OH Q -r1 M •r1 -r1 (n N Q) aJ �4 �4 Q �4 Q )4 Q -r-I �4 Q (d r 4 A 4m) aJ .IJ P !~ 4J �4 Q • -) �l (d Q) La (A p U) Q) p O N Q) !-I N is U dJ 'i3 •r1 •rl Q) IH 4J Q) -H aJ Q) �4 •r1 (1) �4 W cn >~ Q Q 3 Q (d jJ I~ 0 (d +) Q) Q 3 �:j O EO a ro (n P �4 � 3 TI X33 �� x Q) ty) Fo U Q) Q) ri it Q) r i 3 Q) aJ �. N z I. 3 3 Z +J r-I I~ �4 aJ r-I s~ 3 >~ z (d rl •r1 O Q) Q) 0 (d OH 0 Q (d -r1 :j b Q) Q) m zs w to to a 3 x 9 3 x a (d U) a i~ 0 4J � Z Z >4 >~ � >4 o s~ �I >4 a° z >4 � � H aJ (d Q) (L) Q) Q) (1) Q) Q) (1) (1) .. HN In •r♦ � ro 9 ro ro 9 I~ � ro 9 r-I m '� : G � -P � >4 >4 Z >i >4 r 3 >1 �s:rl z >1 I~ N H � Q) p p O �4 Z O O 34 9 o M P O cd v O to Q 0 Z Q W Z E-4 Q cn Z x a4 Q H a N d) N O 04 s~ 3 O r-I r•i O W En In (1) 4J ro r. IH N U) N -r1 0 A Q) N -ra 0 z zz • (m) The appropriations made during the current fiscal year for repayment of debt principal for the Town is $261,085.00. The amount of any State or Federal aid available for the payment of debt principal is zero. The amount of all Town debt excludable for purposes for computing the Town's debt limit under Article VIII of the New York State Constitution is $747,887.04. (n) N/A (o) The current tax rates and assessments applicable to the taxable real property which will bear the cost of the proposed improvements are as follows. (1) Tompkins County - $4.69 (per $1,000 of assessed valuation). (2) Town of Dryden, including highway - $2.446 (3) Ithaca City School District - $13.150 (4) Town of Dryden Fire Protection District - $1.033 (5) N/A (p) Assessed value of a Typical Property is $84,600.00. (q) The amount that it is estimated that the owner of a Typical Property will be required to pay in the first year following approval of the application, if granted, is as follows: Debt Service - $428909 Operation and Maintenance - $21.10 User Charges - N/A Hookup Fees - N/A The debt service is based upon the benefit assessment formula set forth in the Addenda to the Map, Plan and Report. [See also (g) above]. The operation and maintenance is proposed to be raised by the same benefit assessment formula and is based upon an estimated annual operation and maintenance expense of $5,000.00 as set forth in (f) above. A Typical Property is the same as a Typical One or Two Family Home. §85.4 (a) §85.4(a) §85.4 (a) §85.4(a) §85.4 (a) §85.4(b) a ; §85.4(y) L� TURKEY HILL WATER DISTRICT APPLICATION TO STATE DEPARTMENT OF AUDIT & CONTROL Exhibit 1 - Certified copy of resolution dated September 8, 1992 approving establishment of the Turkey Hill Water District. Exhibit 2 - Certified copy of Notice of Public Hearing calling a Public Hearing for September 8, 1992. Exhibit 3 - Proof of publication of Notice of Public Hearing to be held September 8, 19920 Exhibit 4 - Affidavit of Posting of Notice of Public Hearing to be held September 8, 19920 Exhibit 5 - Map, Plan and Report prepared by Hunt Engineers & Architects dated November, 1989 and revised May, 1991 filed in the Town Clerk's Office pursuant to Town Law §209 -c. Exhibit 6 - Description of the proposed improvements (pages 5- 7) of the Map, Plan and Report (Exhibit 5). Exhibit 7 - Copies of sample correspondence sent to each property owner within the proposed district. (w) At the present time it is not contemplated that service will be sold to users outside the proposed district. In the event a potential user desires service, an equitable formula will be determined at that time to establish the amount of the annual charges and pursuant to past Town policies, the cost to out - of- district user will be at a premium because of the fact that the property is located out of the district. (x) None. (y) Attached as Exhibit 7 are copies of sample correspondence sent to each property owner within the proposed district advising them of the current status of the project and the cost including the estimated first year cost. In addition these costs were presented at the Public Hearing held October 2, 1991 and were presented at such hearing by George Schlecht, P.E. and Hunt Engineers & Architects, the authors of the Map, Plan and Report. (z) Following the Public Hearing on September 8, 1992 the Town has not received any written comments from the owners of the real property that will bear the cost of the improvements expressing opinions with respect to the undertaking of the improvements. 0 DATED: December 29, 1992 E (r) The maximum amount any real property owner will be required to pay in the first year following approval of the application, if granted, is as follows: Debt Service - $10,284.78 Operation and Maintenance - $507.01 User Charges - N/A Hookup Fees - N/A (See Addenda to Map, Plan and Report, line #78; Parcel 57 -1- 17; [Reed, Alton] 28 units; assessed value $355,000, 70.98 acres). (s) The area which will bear the cost of the proposed improvements contain no State lands. (t) The area which will bear the cost of proposed improvement is not wholly or partially within an existing or proposed agricultural district. (u) The population of the area which will bear the cost of the improvement is 393. There are (95) one and two family homes located in the area. The assessed value of a typical one family home is $84,600.00. There are three major non - residential areas which are identified as the Alton Reed property, the Stevens property and the Clark property. The Alton Reed property consists of 70.98 acres and is identified as Town of Dryden Tax Map Parcel #57 -1 -17. The Stevens property consists of 25.14 acres and is identified as Town of Dryden Tax Map Parcel #54- 1 -9.2. The Clark property consists of 26.15 acres and is identified as Town of Dryden Tax Map Parcel #56- 4 -5.2. All of the parcels are shown on the map included in the Map, Plan and Report. The Stevens property and the Clark properties are both privately held for development as is the Reed property. The Clark property is likely to be purchased by Cornell University, an adjacent owner. The Stevens property will in all likelihood be developed for single family residences by subdividing it at such time as public water and sewer is available to that parcel. There are no existing proposals for the development of any vacant land other than the speculation as set forth in this paragraph (u). Ir TB12- 29 - -92 Page 2 16,01 RESOLUTION #222 TRANSFER FUNDS Clm Hatfield offered the folli.nwing resolution and asked for it adopt ion a RESOLVED, that this Tr Jwri Board au.thorize the SuperviS ,r to make the folli -.1wing trarisferso $.36,835.0C.) from Insurance (A1910. 415) too A111C.). 413 (Justice personnel -- $39575c00), A1220.112 ( Sec -Bk kr personnel 1 - $4,075.0o),, A1220. 20o (Supv Equip - $1104 (i ) A1410. 100 (TI1wri Clerk. personnel - $29 575. 00) a A5010a 100 (Highway Supt - $4, 975. 00) , A5010. 110 (Hwy Deputy - $1, 9� =5. 00) 9 A5132. 201 (Fuel -ranks - $189000.00)q A 1430. 113 ( Genera l overt i me - $19 &)0. i ri r) . $150.00 From Tc. iwn Clerkk legal r�� it ices (A1410.44) too A1410. 420 (Clerk postage - $100.00), A1410.430 (Clerk gas /electric - $;0. o(w)) , $1, 85t ?. 00 fry aril pub is works assistant (A1490. 110) to A 145o. 1 (E 1 ect i r.In pees _inne 1) . $12,350.00 from unexpended fund balance to A142o. 4(w)1 (Landfill). $275.00 from computer maintenance (A 1620. 481) toe A 162(" . 461 (copier p i er - $175. 00) and A1620.480 (supplies - $I00u Cj0) , $400, C) 0 from A7310. 408 (Family /Childress extended) to A7310.406 (Family /Childress cont Tact ua 1 ) . $2,350.00 from �m Genera 1 Research (A803(y. 4Cr0) to= A8030.404 ( "rurke"y Hill Water - $1,175.0o), A8030. 405 ( Turkey Hill Sewer - $1 , 175. Cai?) . $575. 00 from A9060.8 (Health) to � A9010. 8 (Ret i rement) . $2CWC). 00 from A9060,8 (Health) , $84� �. 00 f r� �m A1990.420 (contingency) and $460.00 from �m A 1910. 415 (Insurance) for a total of $1,500.00 to A9030. 8 (Social Security) . $161000 from A7310.403 (Recreation reimbursement) to cover cost of Cass Park expenditures (A7310.412). Increase revenues of Adult Recreat i in (A2001) by $792. 0C) to cover cost of Adult recreation (A7620. 400) . $286. 25 fry m B801 OSP 450 (Eng i neer i rig) t o an B80 OSP. 455 (Jennas Restaurant - $206. 25) , B8010SP'. 469 (Gu i f Autr.1 Sales - $80. 00) . $25 000. OCR fri.-im DA5148. i (Services to � �t her govt s) , $45s �. 00 fri-vl DA5130. 206 (Ground pounder), $c', 700, 00 from DA5130. 207 (Truck, $21,700.00 from DA5140. 100 (M i sc personne 1) , $9, (-.)00. C)(") from DA5120. 400 (Bridge c• intractual) and $59000.00 froril Bridge personnel) t o a DA9Cr 10. 800 (Retirement - $1 , 100. () l q DA9(' 60. 80( i (Hea 1 t h - $600. 0c i) , DA51 0 1 C)0 ( Mach i nery - per. C ine 1 $6,000.00), DA5130. 200 (Machinery - spreader - $3, 15C�. Oi y) and DA5130. 400 (Machinery cont ract ua 1 ".- $30, 0CW.) ")0) . $22, 100. 00 f rorll DB51 12. 100 (CGnst r uct ion persc.1nne l) to DB51 10. 1 i O (Repairs personnel - $20, c (" ), X) , DB9010. 800 (Ret i rement - $1, 100. 0. i i0) and DB9030. 800 (Soc i a l Sec ur i t y - $1, 000a 00) . $2,890.00 from unexpended fund ba 1 arice to SF 1 -9040. 800 for Workers Compensation. 2nd Clnl Ci::irrigan Roll call vote - all vcitirig Yes Adjourned 12 c 0PM ® Susanne l_ l oyd Town Clerk. j 7 I 0 0 VERIFICATION STATE OF NEW YORK: SS: COUNTY OF TOMPKINS. James F. Schug, being duly sworn, deposes and says that he is the Supervisor of the Town of Dryden, the municipal corporation named within the entitled application; that he has read the foregoing application and knows the contents thereof; and the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. Sworn to before day of December, me this 29th 1992.