HomeMy WebLinkAbout1996-01-09TOWN BOARD MEETING
JANUARY 9, 1996
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, Clp C. Hatfield, Clp Roberts, Atty
Perkins and Z. 0. Slater
Absent: Clp Grantham, Clp T. Hatfield
Supv Schug appointed Clp C. Hatfield and Clp Roberts to audit the
highway fund bills
APPROVAL OF THE MINUTES
Motion.was made by Clp Roberts and 2nd by Clp C. Hatfield that the
minutes of the Site Plan Review 11- 14 -95, Town Board meeting
11 -14 -95 and 12 -12 -95 be approved. Carried
CITIZEN PRIVILEGE OF THE FLOOR
Karl Heck - public hearings for the Small Cities block grant will
be Feb. 13th at 7 :30PM and the second one will be held March 5th
and 9 :OOAM.
Karl Heck - changes in
$600,000.00 this year
They are working with
They have done 6 cases
the program is that the town can apply for
as opposed to $400,000.00 last year.
Ron Palmer for the Cortland Road water.
in the Town of Dryden so far.
RESOLUTION #80 HOLD PUBLIC HEARINGS FOR
SMALL CITIES GRANT PROGRAM
Clp C. Hatfield offered
adoption:
RESOLVED, that this Town
February 13th at 7:30PM
Cities Grant Program.
2nd Clp Roberts
the following resolution and asked for its
Board will hold a public hearing on
and March 5th at 9 :OOAM for the Small
Roll call vote - all voting Yes
Michael Herzing - I met last week with the ZBOA for two variances,
one of which they approved for a parking reduction to 21 spaces.
The second was to have a canopy set back of 40 feet instead of the
required 52.5 setback and this was a 2 to 2 vote and therefore
denied. We are here again at your request.
Z.O. Slater - the town board requested
variance was granted by the ZBOA since
60' building instead of the 38' x 60'
By reducing his parking lot to 21 spac
be able to have a bigger building.
Michael to come back if the
he wanted to have a 45' x
in the first public hearing.
es this would allow him to
TB1 -9 -96 Page 2
• Atty Perkins - wanted to know if this application was before the
board.
Z.O. Slater - no, the variance was based on the approval of the
45' x 60' building.
Atty Perkins - if he wants something different he will have to
make application and have another public hearing for approval. He
has an approval and that was based on the application for the 38'
x 60' building.
Michael
Herzing
- so in
other
words
we can build the 38' x 60'
building
without
coming
back
to the
board.
Atty Perkins - whatever was approved at the first public hearing.
Supv Schug - that was what you said you wanted.
Michael Herzing - initially.
We did it
backwards
so
the county
attorney would move for the
Nash's so
they
would
be
able to close
the transaction. That is why
we did it
that
way.
If
you remember
we presented both proposals
and showed
the
both
to
you at the
public hearing stating we were
going to
go
for a
variance
on the
parking so we could put in the bigger building.
Supv Schug - I thought at that time it was clear that if you got
• the variance you would have to come back for another public
hearing.
Michael Herzing - wanted to make sure if he came back before the
board for another public hearing it would not jeopardize the
permit he already has.
Supv Schug - that is correct.
Atty Perkins - the hearing would be on the site plan with the
bigger building and the reduced parking.
The Town Board scheduled a public hearing at 7:45PM on Feb 13th
Thersa Kimbrough - questioned the sidewalk issue that was brought
up at the public hearing.
Michael Herzing -
wondered
if this should
even be addressed since
I already have the
approval
from the town
board.
Supv Schug - it doesn't have to be.
Thersa Kimbrough - when we were here for the first meeting the
approvals were made without us knowing under what conditions they
were approved of.
•
•
Is
TB1 -9 -96 Page 3
Michael Herzing - sidewalks were discussed and I said I would
"consider it ". It was discussed what side of the road it would be
appropriate. I thought one of the concerns was not to have it on
the side of the gas station and have it on the side of the school.
I have a thought as to how this will all work out, but I am not
going to be 100 percent right. The community will dictate the
traffic flow and walking flow. I am not going to sit up here and
say yes I will put a sidewalk. I can guarantee you when safety
becomes an issue and we see what exactly is going to happen, at
that point it can be addressed.
COUNCILMAN PRIVILEGE OF THE FLOOR
Clp Roberts - questioned a letter from Mayor Day about paramedics
and paid paramedics.
Walter Groman - Mayor Day sent the fire department a letter
stating he was reviewing village law regarding volunteers. Village
law states that the village shall approve formally all applicants
to the village fire department. They are stating we shall comply
with the law and all membership will not be official until they
approve of them at their board meeting. This was the letter that
was handed to us at our last fire meeting.
Supv Schug - for the ambulance they must be a member of the fire
company.
Walter Groman - we have one membership, that is correct. If the
persons are going to be full time employes of the Town of Dryden
they do not have to be a member of the fire company to provide
service locally. When they provide the personal service they are
not dealing with the firemen, they are doing it as a town
employee, that is the way they make their living and are covered
under workman's comp. as an employee and not as a volunteer
member.
Atty Perkins - that is absolutely correct. The individual in
whatever capacity, if he is clearly during daylight hours when he
is employed by the ambulance district, he is a town or ambulance
district employee and never a volunteer, so that is not an issue.
If he goes to answer a fire call as a volunteer he has to be a
member of the fire company. That, they follow the regular
membership procedure. If he is at a fire and provides advanced
life support functions and he is there an hour, under the fair
labor standards act if that is over 40 hours he gets paid for 1
1/2 hours or he gets equivalent comp time off. That is between the
employee volunteer. It has nothing to do with the village.
4;? 3
TB1 -9 -96 Page 4
Diane Colbert - had written to Supv Schug requesting to be on the
. agenda regarding her tax bill and the Turkey Hill water /sewer tax.
I have transferred part of my property and requested a certificate
of apportionment. I transferred 4 of my acres to a wooded lot
which now does not belong to me. They get a lower tax rate because
it is a wooded lot. I am getting taxed as though I still have 6
acres and I don't have 6 acres. The actual transfer was done in
July after the March 1st deadline. I am asking for a variance of
my taxes because I have no voice in the formula change or no voice
in changing last years taxes.
0
•
Atty Perkins - wanted to know if she had received a tax bill on
the certificate of apportionment
Town Clerk Lloyd - the first bill I sent her was done a percentage
of the total bill. Diane Colbert called me and said that it was
wrong since it was in the Turkey Hill water /sewer district so I
had Dianne figure out the Turkey Hill water /sewer portion of the
bill and mailed her a new one.
Atty Perkins - said the way it was figured out was correct.
Diane Colbert - the problem is my taxes have gone down a lot, but
Louise Parke -Dabes is the person who now has the property. What
was taken off my tax bill went to her. The reason that is not okay
is because her land is not taxed the same way as mine. She only
has wooded property. She doesn't have a house on that property.
Atty Perkins - we don't have anything to do with the assessment,
that is at the county level.
Diane Colbert -
and
that is
what they put on here.
Atty Perkins -
you
are not
complaining about your tax bill. You
are complaining
for
someone
else.
Diane Colbert - not the one I got today. I am complaining for me
because I am going to end up paying it because when I signed the
papers of transfer I said I would take on this years tax for the
very reason that she would be making up that difference. My taxes
are reduced, but now she is paying the biggest share. According to
the land that she owns which is called vacant land is only woods.
She doesn't get taxed the same way I get taxed. She doesn't have
any water and sewer on that land and no road access.
Atty Perkins - did you convey a lot to her that has no road
frontage.
Diane Colbert - that is correct.
�y
TB1 -9 -96 Page 5
Atty Perkins - you are then in violation of the zoning ordinance.
• Diane Colbert - no, I am not because I went through a lawyer. It
was all done through the lawyers.
Atty
Perkins -
if you conveyed to someone a parcel of land with no
road
frontage,
then you have created
an unlawful lot.
Diane Colbert - no I have not, because the lawyer already looked
into it. She already has a wooded lot with no frontage within the
water /sewer district.
Clp Roberts - this is added onto an existing lot.
Diane Colbert - exactly, it is land locked and there is no
residence on it and has no access to it. It is just a wooded lot.
This just adds additional acreage to her. She already had property
that was at this tax base.
Supv
Schug -
is she
presently
being taxed
for
water
and sewer? If
she
is in the
water
and sewer
district she
is
being
taxed.
After looking at the assessment map Louise Parke -Dabes did have
road frontage.
Diane Colbert - there is certain land within the district that
• isn't taxed for water and sewer because there is no access to it.
Atty Perkins - she just made it a bigger parcel that is within the
district. We don't have to look at the lines.
Supv Schug - the only way she could do that is if she was out of
the water and sewer district. The lines are drawn very precisely,
by property owner and if your parcel is within the boundaries you
just can't take it out of the district.
Diane Colbert - there is a different law if it is a wooded lot.
Supv Schug - if you are in the water and sewer district you are
taxed. If there are any questions Atty Tyler can call Atty Perkins
and talk to him about the formula for the water and sewer
district.
Atty Perkins - if
she combines
the parcels so
she has
all of her
parcels under one
parcel number
by March 1st
she will
then have
some relief for next
year. They
will use the
total assessed
value
of all land within
the parcel.
You won't be
getting a
charge for
a separate unit. There
is no authority
for this
board
to do
anything different
right now.
•
•
TBl -9 -96
COUNCILMAN PRIVILEGE OF THE FLOOR
Clp Roberts - wanted to know the status of hiring the paramedics.
Supv Schug - there are 3 good candidates for 2 full time
positions.
Clp Roberts - wanted to know if these positions were advertised.
Walter Groman - it was advertised twice in the Ithaca Journal,
Cortland Standard and also the Syracuse paper and word of mouth.
TOWN CLERK
Received petition from Roger Hatfield requesting a change in the
zoning ordinance regarding HUD mobile homes.
Z.O. Slater - currently the town ordinance requires
only HUD
era
mobile homes June 1976 and
used to be consistent with
thereafter. The State of
that requirement and now
New York
they have
also
recognized pre 1976 mobile
building permit to install
aware that it had to be a
find the label that is put
homes. Roger Hatfield applied
a double wide mobile home.
1976 or after mobile home.
on the home and later found
for
He was
I could
out it
a
fully
not
had
been covered and asked for
there was no label there.
charge a month ago and his
it to be removed. Roger later
Roger appeared in court to
attorney asked the judge
admitted
answer that
for time
to
petition the town board to
remove the regulation so
that the
mobile home would comply.
That is what the petition
is for.
Supv Schug - from the boards standpoint Henry and Atty Perkins
should look at the strength of our current law. The town board
needs to receive a lot more information before we can act on this
zoning change.
Atty Perkins - wanted to know why we needed any more information
on this. Do you want to allow pre HUD homes in the Town of Dryden.
Our ordinance says you can't bring in or remove from a current
site. We are not relying on the State for the authority of pre HUD
homes. We are our own local authority.
The town board decided to leave the zoning ordinance as it is and
Roger will have to remove the pre HUD mobile home. Supv Schug will
write him a letter to let him know the boards decision.
ATTORNEY
Howser vs. Lok & Lim - no change
Baker Hill update - no change
Mott Road culvert - no change
Cortland Paving update - still in discovery stage.
a�
•
0
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?77T JAN
PETITION
t'; Y HE Tvv)v uFc41V b" l
Petition to Amend Article X Subdivision 1003 Dryden Town Zoning Law
to comply with State Law 9NYCRR Section 1222 to allow a mobile home
manufactured before 1976 not to be required to display a HUD seal.
Name , _ Address
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TB1 -9 -96 Page 7
Atty Perkins - reported he has received a signed agreement from
Tompkins Cortland Community College for use of their water tanks,
lines and easement. Supv Schug has already received authorization
to sign this. (copy in minute book)
ENGINEERING
354 Snyder Hill Rd - water pressure Mr. Hyde - no change
Snyder Hill
water
district -
certificate
of completion -
Dave Putnam
- no
change, this
has to come
from Larry Fabroni.
Tower lights - received law requiring the lights. Supv Schug will
write a letter to the lady who was complaining about the strobe
lights on the tower.
Survey on Johnson Road - Dave Putnam - this was done today.
ZONING OFFICER - report given to board members
Z.O. Slater -
has
not yet
received a permit application for the
demolition at
1062
Dryden
Road.
HIGHWAY SUPERINTENDENT
Yellow Barn Road, Caswell Road updates - have cut more trees on
Yellow Bard Road
Hile School Road - price on box culvert - no change
RESOLUTION #81 AUTHORIZE HIGHWAY SUPERINTENDENT
TO BID TRUCKS
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to bid
out the following two items from state contract:
a pick up truck not to exceed $16,000.00 and a 1 ton truck not
to exceed $22,000.00; and to bid a ten - wheeler combination
plow and sander to replace a 1965 Brockway that is getting in
bad shape not to exceed $120,000.00.
2nd Clp Roberts Roll call vote - all voting Yes
CORRESPONDENCE
Dryden Lake police report
DISCUSSION
Village water service discussion at the village on Jan 15th at
7:OOPM
Justice interviews - Jan. 11th and Jan. 22nd
0
AGREE.�M/�ENT
• THIS AGREEMENT made this CP day of January, 1996 by and
J
between TOMPKINS CORTLAND COMMUNITY COLLEGE, an Education Corpora-
tion, 170 North Road, Dryden, New York 13053 (hereinafter referred
to as the "College ") and the TOWN OF DRYDEN (on behalf of water or
other improvement or special, districts formed or to be formed
under Articles 12 or 12 -A of the Town Law), 65 East Main Street,
Dryden, New York 13053 (hereinafter referred to as the "Town ").
WHEREAS, the College has approved plans for certain improve-
ments to its water system including the construction of a pump
station, telemetry building, 350,000 gallon water tank and the
installation of 12 inch ductile iron water main and has commenced
construction of the same (hereinafter collectively referred to as
• the "water system "), and,
WHEREAS, a cost effective and environmentally sensible route
for a large portion of such water main is within and under the
bounds of Far View Drive, a Town highway; and,
WHEREAS, the College has requested that the Town grant a
permanent easement to the College for the installation of part of
the 12 inch iron ductile water main within and across Far View
Drive; and,
WHEREAS, the Town, on behalf of a water district to be creat-
ed by the Town Board under the provisions of the Town Law (herein,
"the district "), entered into a Water Service Agreement with the
Village of Dryden dated October 8, 1991, whereby the Village of
Dryden agreed to sell to such district all the water it may re-
• quire for such district, and,
WHEREAS, the Village subsequently has acted to rescind its
agreement with the Town which act by the Village was objected to
and is contested by the Towns and,
WHEREAS, the College is amenable to water being held in and
pumped through the water system for the district so long as all
legal requirements are met and the College is fairly compensated
by the Town for its share of the costs relating to the main-
tenance, servicing and operation of the water system, and,
WHEREAS, the parties hereto have agreed on the consideration
for the grant of such an easement over Town property such consid-
eration having been determined to be fair and adequate by the Town
Board.
NOW, THEREFORE, the parties hereto agree hereby as follows:
1. The Town will grant the College a 20 -foot wide permanent
• easement on the terms and conditions set forth in Exhibit A at-
tached hereto. Such easement is only for the installation and
maintenance of 12 inch ductile iron water main within and across
the confines of Far View Drive,
2. The College agrees that it will at its expense, and when
directed by the Town, install on a College owned 10" water line,
in a location to be determined by the Town, a 10" tapping sleeve
and valve according to specifications approved by the Town.
39 The Town shall direct the location and timing of such
installation and the College shall install the same within thirty
(30) days of receipt of written notice from the Town to proceed.
4. The College agrees to allow the Town to utilize the
2
College -owned water mains, storage tank and other appurtenances in
connection with the transportation of water to any water or other
district hereafter formed by the Town. The Town agrees that the
boundaries of such district will be no more expansive than the
boundaries of the current Cortland Road Sewer District.
5. The Town shall obtain any required permits from the New
York State Departments of Health and /or Environmental Conservation
and Tompkins County Health Department for the Town use of the
College -owned water lines and storage tank and the College agrees
to assist the Town in obtaining such permits.
6. At the time of notice to the College to proceed to in-
stall the 10" tapping sleeve and valve, the College agrees to
grant the Town a 20 -foot wide permanent easement over College
property for access to and from said sleeve and valve and over the
• most feasible economic route for the Town to connect district-
owned water lines, facilities and appurtenances to said College-
owned line at the location of such sleeve and valve. The form of
such easement (except with respect to the location of the same)
shall be substantially similar to the form of the instrument at-
tached hereto as Exhibit "A ".
7. The Town agrees to pay the Village of Dryden according
to the terms of the agreement between the Village and Town for all
water transported through College owned lines and the Town agrees
to install a meter to measure such water.
80 The Town agrees that in the event that the water dis-
trict is formed according to law and if such district obtains all
0 3
the permits and approvals required to purchase water from the
Village and transport the same through the College's water system,
then it shall pay the College in consideration for using the water
system to pump and provide water to the district a sum equal to
its share of the following costs to operate, service and maintain
the system. These costs shall include the electrical expense
associated with pumping the water, and the ordinary and reasonable
costs of servicing and maintaining the equipment comprising that
portion of the College's water system jointly used by the College
and the District. These costs shall be allocated to the Town on
the basis of its water consumption vis -a -vis that of the College;
the total water consumed through the system being the denominator
and the consumption registered by meter for the Town being the
numerator for the purpose of calculating the Town's share of cost.
• The Town shall be invoiced by the College for its share of these
costs on a quarterly basis throughout the calendar year and the
Town shall pay such invoice within forty -five (45) days of
receipt.
90 Notwithstanding the foregoing, the Town and College
agree that in the event that the Town hereafter might seek to
include the College within the proposed district and consequently
determines that.the District would be amenable to assuming com-
plete responsibility for the costs of operating and maintaining
the water system, the College shall work cooperatively with the
Town in good faith to secure the permission of the State Univer-
sity of New York (or such component or department thereof having
0 4
authority and /or jurisdiction) to allow the College to be included
0 within the district; provided, however, that the College shall not
be required as part of such cooperation to agree to pay the Dis-
trict more for water than it presently is paying to the Village
pursuant to the terms of any existing written agreement with the
Village (including any extensions thereof).
10. The College further agrees that it shall immediately
advise the Village that it has agreed with the Town to the forego-
ing effect and that it has no objection to the District obtaining
Village water through the College's water system in the event that
such district is formed and all other required approvals, permits
and /or licenses are obtained to allow such sale, purchase and
transport. The College agrees to request the Village reconsider
the action taken by the village when the Village failed on
iNovember 91 1995 to ratify the October 8, 1991 Agreement with the
C�
Town.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date above written.
ATTEST:
TOMPKINS CORTLAND COMMUNITY COLLEGE
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WATER MAIN EASEMENT
• TOWN OF DRYDEN, COUNTY OF TOMPKINS, STATE OF NEW YORK
Property Location: TOWN OF DRYDEN, COUNTY OF TOMPKINS,
STATE OF NEW YORK
Property: A PORTION OF FARVIEW DRIVE IN THE TOWN OF
DRYDEN
Grantor. TOWN OF DRYDEN
Grantee: TOMPKINS CORTLAND COMMUNITY COLLEGE
Date. January 9, 1996
THIS EASEMENT made the 9th day of January, 1996 between the
TOWN OF DRYDEN, a municipal corporation with its offices at 65 East
Main Street, Town of Dryden, County of Tompkins, State of New York
( "GRANTOR ") and the TOMPKINS CORTLAND COMMUNITY COLLEGE, a public
corporation organized and existing under the laws of the State of
New York, with its offices at 170 North Street, Town of Dryden,
County of Tompkins, State of New York ( "TC311), its successors and
assigns.
NOW, THEREFORE, GRANTOR, in consideration of One Dollar
• ($1.00), and other good and sufficient consideration, receipt
whereof is hereby acknowledged, does hereby grant and convey to
TC3, its successors and assigns, a permanent easement and right -of-
way with respect to the property, to enter upon, construct,
operate, maintain, repair and replace a.water distribution pipeline
and appurtenances thereon. Said easement and right -of -way is more
particularly bounded and described on Schedule "A" annexed hereto.
The water distribution pipeline and appurtenances constructed
on the premises shall remain the property of and shall be under the
control and supervision of TC3, but the GRANTOR (1) reserves the
underlying fee title to the property covered by the right -of -way,
subject to the rights and privileges herein granted to TC3, and (2)
the GRANTOR reserves the right to use and enjoy the premises
provided that such use shall not interfere with the construction,
installation, maintenance, operation or repair of the water
distribution pipeline or appurtenances and (3) the GRANTOR shall
not be responsible for injury or damage to.the water distribution
pipeline or appurtenances.
Upon completion of any work performed by TC3, TC3 shall remove
all debris and restore the premises to substantially the same
condition as it was before the work was performed, all to the
reasonable satisfaction of GRANTOR.
•
•
•
IN WITNESS WHEREOF, the grantor has executed this agreement on
the date and year set forth above.
TOWN OF
STATE OF NEW YORK: SS:
COUNTY OF TOMPKINS.
J
RYDEN
F. Schu
uAervlsor
On this 9th day of January, 1996
before
me
personally
appeared James F. Schug, who did depose and
say that
he
resides in
the Town of Dryden, Tompkins County, New
York,
that
he is the
Supervisor of the Town of Dryden, that he has been
duly
authorized
to execute this instrument, and that he has
signed
is
instrument
pursuant to such
authorization.
Notary Publ
,
SCHEDULE "A"
• BEGINNING at a point in the southerly street line of Farview Drive
a distance of 500.32 feet westerly of the intersection of said
street line with the centerline of Livermore Road;
•
THENCE N 860
19'
45" W a distance of
835.40 feet along the
southerly street
line
of Farview Drive to a
point;
THENCE N 030 40' 15" E a distance of 20 feet to a point;
THENCE S 860 19' 45" E a distance of 815.40 feet to a point;
THENCE N 030
40'
15"
E a distance of 40 feet to a point in the
northerly street
line
of
Farview Drive;
THENCE S 860 19' 45" E a distance of 20 feet along the
northerly street line of Farview Drive to a point;
THENCE S 030 40' 15" W a distance of 60 feet to the point or
place of beginning.
The above described easement and right -of -way is intended to be 20
feet in width throughout and is more particularly shown on a survey
map entitled "Easement Map, Showing Proposed 20' Permanent Easement
Over Land of Town of Dryden, Farview Drive, Town of Dryden,
Tompkins County, New York," dated July 10, 1995, made by T.G.
Miller, P.C., a copy of which is to be filed in the Tompkins County
Clerk's Office concurrently herewith.
Date: January 3rd, 1996
To: James Schug, Dryden Town Supervisor
From: Henry M. Slater, Zoning & Building Code Enforcement Off.
Sub.: December 195 Building & Zoning Activity Report
Dear Jim:
Building Permits:
During the month of December- 195, there were 4 Building
Permits issued which are described as follows.
A -1
Single
Family
Planning
Fire
homes
New
Starts
(0)
no
A -1
Single
for either.
Family
Facilities
(1)
Renovation,
Business
Repairs or Extension
(3)
Facilities
C -4.1
Erect
Private
Home
Garages
Day
Care
(1)
Facilities
Certificates of Occupancy and Compliance
Certificate of Occupancy (5)
Temp / Conditional Certificates of Occupancy (5)
Certificate of Compliance (1)
Public Inspections,
the
ZBA or
Planning
Fire
Safety
Board met during December for
Multiple
no
Residence
for either.
Facilities
(1)
Business
Facilities
(5)
Home
Day
Care
Facilities
(1)
Fire Investigations for the Month of September (3)
There were (3) fire investigations completed during
December which include, one mobile home, destroyed beyond
further use or repair. A detached private garage was also
destroyed beyond repair or further use. Both of these
structures will be demolished and replaced. The third call
was for a malfunctioning home oil fired heating furnace. A
furnace repairman was called and repaired completed. Heating
unit was then returned to service.
Neither,
the
ZBA or
Planning
Board met during December for
there was
no
agenda
for either.
Very truly yours;
�E 0`
Henry M.
Zoning &
Slater
Building
Code Enforcement Officer
cc: All Dryden Town Board Members
Susanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
10.1
•
•
•
TOWN OF DRYDEN ° DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
FAX 607- 844 -9599 In the Heart of the Finger Lakes Region TEL. 607 -844 -8619
OFFICE OF THE SUPERVISOR
January 8, 1996
To: Town of Dryden Employees
From: Supervisor Schug
1
Re: Resolution #72 and Resolution #73 of 1/3/96
Attached is a copy of resolution #72 which is the
procurement policy approved by the Town Board.
Also attached is a copy of resolution #73 which is a copy of
the Town of Dryden purchasing policy.
Please read these over. If you have any questions please
feel free to ask.
/m
c. Within sixty (60) days of the end of each of the first three
quarters of the fiscal year, the Supervisor shall prepare and submit
to the Town Board a quarterly investment report, which indicates the
new investments, the inventory of existing investments and such other
matters as the Supervisor deems appropriate.
• d. Within 120 days of the end of the fiscal year, the Supervisor
shall prepare and submit to the Town Board an annual investment
report; recommendations for change in these investment guidelines;
the results of the annual independent audit, the investment income
record; and such other matters as the Supervisor deems appropriate.
At least annually, at the Organizational meeting of the Dryden Town
Board, the board shall review and amend, if necessary these
investment policies.
The provisions of these Investment Guidelines and any amendments
hereto shall take effect prospectively and shall not invalidate the
prior selection of any Custodial Bank or prior investment.
2nd Cl Roll call vote - all voting
RESOLUTION #72 PROCUREMENT POLICY
Cl offered the following resolution and asked for its
adoption:
RESOLVED, that the TOWN of DRYDEN does hereby adopt the following
.procurement policy which is intended to apply to all goods and
services which are -not required by law to be publicly bid,
1. a. Every purchase to be made must be initially reviewed to
determine whether it is a purchase contract or a public works
• contract.
b. Once that determination is made, a good faith effort shall be
made to determine whether it is known or can reasonably be expected
that the aggregate amount to be spent on the item of supply or
service is not subject to competitive bidding, taking into account
past purchases and the aggregate amount to be spent in a year.
c. The following items are not subject to competitive bidding
pursuant to Section 102 of the General Municipal Law: purchase
contracts under $10,000 and public works contracts under $20,000,
emergency purchases, goods purchased from agencies for the blind or
severely handicapped; goods purchased from correctional institutions;
purchases under State and county contracts, and surplus and
second -hand purchases from another governmental entity.
d. The decision that a purchase is not subject to competitive
bidding will be documented in writing by the individual making the
purchase. This documentation may include written or verbal quotes
from vendors, a memo from the purchaser indicating how the decision
was arrived at, a copy of the contract indicating the source which
makes the item or service exempt, a memo from the purchaser detailing
the circumstances which led to an emergency purchase, or any other
written documentation that is appropriate.
e. This policy will apply to all equipment rentals made
throughout the year with prior Town Board approval per rental.
J
PAGE 15
0
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2. All goods and services which are the subject of this procurement
policy will be secured by use of written requests for proposals,
written quotations, verbal quotations, or any other method that
assures that goods will be purchased at the lowest price and that
favoritism will be avoided, except in the following circumstances:
purchase contracts over $10,000 and public works contracts over
$20,000; goods purchased from agencies for the blind or correctional
institutions pursuant to Section 175 -b of the State Finance Law,
goods purchased from correctional institutions pursuant to Section
186 of the Correction Law; purchases under State contracts pursuant
to Section 104 of the General Municipal Law; purchases under county
contracts pursuant to Section 103(3) of the General Municipal Law; or
purchases pursuant to subdivision 6 of this policy.
3. The
time
and documentation required to purchase
goods. and
services
under
$1,000.00 through this policy may be more
costly than
the item
itself
and would therefore not be in the best interests of
the taxpayer. In addition, it is not likely that such
de minimis
contracts
would
be awarded based on favoritism.
The following are the minimum requirements necessary for
purchases and /or equipment rentals when the amount to be expended in
any one year exceeds $1,000 as required by this policy in order to
achieve the highest savings:
Amount of Purchase Contract or Rental (under $10,000) Method
under $1,000 No action required
$1,000 - $4,999 2 Verbal quotations
or catalog pricing
$5,000 - $9,999 3 Written /fax quotations,
written requests for proposals
or catalog pricings
Estimated Amount of Public Works Contract (under $20,000) Method
under $1,000 No action required
$1,000 - $9,999 2 Written /fax quotations
$10,000 - $19,999
3 Written /fax quotations
or written requests for proposals
A good faith effort shall be made to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser will
document the attempt made at obtaining the proposals.
4. Documentation is required of each action taken in connection with
each procurement.
PAGE 16
S. Documentation and an explanation is required whenever a contract
is awarded to other than the lowest responsible offerer. This
documentation will include an explanation of how the award will
achieve savings or how the offerer was not responsible. A
determination that the offerer is not responsible shall be made by
• the purchaser and documented.
6. Pursuant to General Municipal Law Section 104-b(2) (f) this
procurement policy recognizes circumstances when, or types of
procurements for which, in the sole discretion of the purchaser, the
solicitation of alternative proposals or quotations will not be in
the best interests of the TOWN. Those types of procurements include:
a. Professional services or services requiring special or
technical skill, training or expertise. The individual or
company must be chosen based on accountability, reliability,
responsibility, skill, education and training, judgment,
integrity, and moral worth. These qualifications are not
necessarily found in the individual or company that offers
the lowest price and the nature of these services are such
that they do not readily lend themselves to competitive
procurement procedures.
In determining whether a service fits into this category the TOWN
BOARD shall take into consideration the following guidelines: (a)
whether the services are subject to State licensing or testing
requirements, (b) whether substantial formal education or training is
a necessary prerequisite to the performance of the services ;-and -(c)
whether the services require a personal relationship between the
individual and municipal officials. Professional or technical
services shall include but not be limited to the following: services
• of an attorney; services of a physician, technical services of an
engineer engaged to prepare plans, maps and estimates; securing
insurance coverage and /or services of an insurance broker; services
of a certified public accountant; investment management services;
printing services involving extensive writing, editing or art work;
management of municipally owned property; and computer software or
programming services for customized programs, or services involved in
substantial modification and customizing of pre - packaged software.
b. Repair of equipment and machinery and maintenance items
i.e.: toner, ribbons, oil filters, nuts & bolts etc. These
can be specialized items The purchaser will obtain at
least two verbal, written, faxed or catalog prices. It is up
to the purchaser which product to purchase.
c. Emergency purchases pursuant to Section 103(4) of the
General Municipal Law. Due to the nature of this exception,
these goods or services must be purchased immediately and a
delay in order to seek alternate proposals may threaten
life, health, safety or welfare of the residents. This
section does not preclude alternate proposals if time
permits.
• PAGE 17
M
j d. Purchases of surplus and second -hand goods from any source.
If alternate proposals are required, the purchaser is
allowed to purchase surplus and second -hand goods at
auctions or through specific advertised sources where the
best prices are usually obtained. Prior Town Board approval
is required for amounts over $1,000.00
• 7. This policy shall go into effect immediately and will be reviewed
annually.
2nd Cl Roll Call vote - all voting
RESOLUTION #73 TOWN OF DRYDEN _PURCHASE SYSTEM
Cl offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board adopt the purchase order system as
follows for the Town of Dryden for the year 1996.
TOWN OF DRYDEN PURCHASE SYSTEM
1) A requisition form must be submitted to the budget officer by
employees needing to place an order for materials, supplies or
services.
2) The budget officer will check to be sure sufficient funds are
available.
a) If sufficient funds are available the requisition form is
given to the purchase officer who will prepare the purchase
order and return it to the requisitioner for ordering.
_b) If funds are not available the budget officer will reject
the request and ask the Town Board for approval to transfer
funds if they are available and if the item is needed within
the current budget year.
c) If bidding is necessary the budget officer will ask for
approval of the Town Board to bid and then have the
appropriate employee prepare the bid specificaions.
d) If per the procurement policy quotes are necessary the
requisitioner will be notified and the quotes will be placed
with the purchase order.
3) No items will be received or services used by any employee unless
a purchase order is in place.
4) The purchase orders, quotes if necessary, packing slips and
invoices will be given to the purchase officer who will check
them for accuracy. The purchase orders with backup material will
then be given to the Town Clerk's Office for entry and
preparation for Town Board payment approval.
5) No purchase orders will be necessary for utilities, bills from
other municipalities, legal services, engineering services, water
and sewer billings, election services, jury expenses, law book
expenses and insurance payments. If there is any doubt please
check with the budget officer.
6) The purchase officer will receive copies of all contracts and
special resolutions of the board. A purchase order will be made
for each of these specific cases.
2nd Cl Roll call vote - all voting
PAGE 18
.M
0
OFFICE OF THE SUPERVISOR
TOWN OF DRYDEN DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
FAX 607 -844 -9599 hi 1be Heart 0f 1he Fi*ii {er Lakef Re ;1077 TEL. 607 -844 -8619
Pam Stonebreaker
SPCA
1640 Hanshaw Road
Ithaca, NY 14850
Re: 1996 Contract
Dear Pam:
January 8, 1996
At the January 3, 1996 Organizational Meeting the contract
with the SPCA for 1996 was approved in the amount of $14,269.50.
This will be paid in monthly installments of $1,189.13 each
month through November and $1,189.07 for December 1996.
Please note our contract with SPCA includes both the Village
of Dryden and the .Village of Freeville as well as the rest of
the Town of Dryden.
There have been some comments on the service to the Village
of Dryden. If and when I receive more definitive information
I'll be in touch.
As you know we are also contracting with the SPCA to do dog
enumeration which will be completed in 1996.
Let's have a.great year in 1996.
Sincerely,
James F; Schug�
Supervisor j
/m
cc: Town Board
Mahlon Perkins
Susanne Lloyd
•
C
•
TB1 -9 -96 Page 8
RESOLUTION #82 DISBURSE INTEREST IN
MCARTHUR FUND
Clp Roberts offered the following resolution and asked for its
adoption%
RESOLVED, that this Town Board authorize the Supervisor to
disburse the interest in the McArthur Fund to two schools in the
Town of Dryden as follows: $83.53 to Dryden Central School and
$5.33 to George Junior Republic for a total disbursement of
$88.86.
2nd Clp C. Hatfield Roll call vote - all voting Yes
RESOLUTION
#83
PARTICIPATE
IN
PILOT PROGRAM
ANNUAL REPORT
TO
OFFICE
OF THE
STATE COMPTROLLER
Clp Roberts offered the following resolution and asked for its
adoption:
WHEREAS, the Town has been selected to participate in a pilot
program to file the annual report electronically the Office of the
State Comptroller has suggested the Town request an extension of
time to file the annual report. In lieu of filing by February 1,
1996 a filing date of April 1, 1996 was suggested;
THEREFORE BE IT RESOLVED,
Supervisor to request an
the State Comptroller anc
1996 in lieu of an annual
Board.
2nd Clp C. Hatfield
that this Town Board authorize the
extension to file his annual report to
a copy with the Town Clerk by April 1,
report due February 1, 1996 to the Town
Roll call vote - all voting Yes
RESOLUTION #84 AUTHORIZE SUPERVISOR TO SIGN
LETTER OF INTENT FOR THE TRAILS APPLICATIONS
Clp C. Hatfield offered the following resolution and asked for its
adoption.
RESOLVED, that this Town Board authorize the Supervisor to sign
the Letter of Intent for the Trails application.
2nd Clp Roberts I Roll call vote - all voting Yes
RESOLUTION #85 APPRECIATION TO
TOWN JUSTICE BRUCE LLOYD
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this
time and work Bruce
2nd Clp Roberts
Town Board extend appreciation for all
Lloyd has spent being town justice. (10
Roll call vote - all voting
of the
years)
Yes
no
0
•
NEW YORK STATE ISTEA L ® r
TRANSPORTATION ENHANCEMENT PROGRAM
LETTER OF INTENT
The Town Board of Dryden, Tompkins County, NY, hereby certifies
that we are an eligible sponsor; (hereafter referred to as
"TOWN ") of an ISTEA Transportation Enhancement Project as
defined in the ISTEA Transportation Enhancement Program
Guidelines for Prospective Applicants, The Town Board of Dryden,
supports the proposed project as submitted and is aware of the
TOWN's responsibilities under the ISTEA Transportation
Enhancement Program. These responsibilities are acknowledged to
include the following:
a) Insure public sector support for the Transportation
Enhancement Project;
b) Sign an Agreement with NYSDOT for successful proposed
projects chosen for funding;
c) Identify the amount, source, and timing of the
non - federal funding. Provide assurance of the
non - federal share, and provide specificity regarding
when the non - federal share will be made available;
d) Assume responsibility for cost increases and cost
overruns;
e) Assume design responsibilities;
f) Assume inspection and maintenance responsibilities;
g) Assure necessary environmental compliance;
h) Assume construction and construction inspection
responsibilities;
i) Assume other responsibilities as may be required.
It is the intent of the Town Board of Dryden to authorize
the supervisor to enter into a formal agreement with NYSDOT if
the Transportation Enhancement project is chosen to be
programmed for implementation under the ISTEA Transportation
Enhancement Program.
Town of Dryden
Name of Sponsor: Municipality
James F. Schug
Name of Contact Person
65 E. Plain Street Dryden rTy 13053
Street City State Zip
607- 844 -8619
607 - 844 -9599
Telephone Fax
James F. Schug
Name of person authorized to sign for Sponsor /title
Signature of Person authorized to sign for Sponsor.
Date
4
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TB1 -9 -96 Page 9
RESOLUTION #86 SUPPORT TOMPKINS COUNTY ISTEA FUNDS
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board supports Tompkins County for ISTEA
funds. (copy in minute book)
2nd Clp Roberts Roll call vote - all voting Yes
FINANCIAL REPORT - available to board members
JUSTICE REPORT - $14,450.00 for the month of December
RESOLUTION #87 APPROVE ABSTRACT #101
Clp Roberts offered the
following
resolution
and
asked for its
adoption:
RESOLVED, that this Town
exception of voucher #43,
highway superintendent.
Board audit
item is
Voucher #1
abstract
going to be
to voucher
#101
returned
#49
with the
by the
for a total of
$128,327.74.
2nd Clp C. Hatfield
Roll
call vote -
all
voting Yes
NEW BUSINESS
Feb. 13th - 7:30PM
March 12th - 7:30PM
Adjourned: 10:00PM
Susanne Lloyd
Dryden Town Clerk
a�
WATER MAIN EASEMENT
• TOWN OF DRYDEN, COUNTY OF TOMPKINS, STATE OF NEW YORK
Property Location: TOWN OF DRYDEN, COUNTY OF TOMPKINS,
STATE OF NEW YORK
Property. A PORTION OF FARVIEW DRIVE IN THE TOWN OF
DRYDEN
Grantor. TOWN OF DRYDEN
Grantee: TOMPKINS CORTLAND COMMUNITY COLLEGE
Date. January 9, 1996
THIS EASEMENT made the 9th day of January, 1996 between the
TOWN OF DRYDEN, a municipal corporation with its offices at 65 East
Main Street, Town of Dryden, County of Tompkins, State of New York
( "GRANTOR ") and the TOMPKINS CORTLAND COMMUNITY COLLEGE, a public
corporation organized and existing under the laws of the State of
New York, with its offices at 170 North Street, Town of Dryden,
County of Tompkins, State of New York ( "TC311), its successors and
assigns.
NOW, THEREFORE, GRANTOR, in consideration of One Dollar
• ($1.00), and other good and sufficient consideration, receipt
whereof is hereby acknowledged, does hereby grant and convey to
TC3, its successors and assigns, a permanent easement and right -of-
way with respect to the property, to enter upon, construct,
operate, maintain, repair and replace a.water distribution pipeline
and appurtenances thereon. Said easement and right -of -way is more
particularly bounded and described on Schedule "A" annexed hereto.
The water distribution pipeline and appurtenances constructed
on the premises shall remain the property of and shall be under the
control and supervision of TC3, but the GRANTOR (1) reserves the
underlying fee title to the property covered by the right -of -way,
subject to the rights and privileges herein granted to TC3, and (2)
the GRANTOR reserves the right to use and enjoy the premises
provided that such use shall not interfere with the construction,
installation, maintenance, operation or repair of the water
distribution pipeline or appurtenances and (3) the GRANTOR shall
not be responsible for injury or damage to.the water distribution
pipeline or appurtenances.
Upon completion of any work performed by TC3, TC3 shall remove
all debris and restore the premises to substantially the same
condition as it was before the work was performed, all to the
reasonable satisfaction of GRANTOR.
E
•
•
L1
IN WITNESS WHEREOF, the grantor has executed this agreement on
the date and year set forth above.
TOWN OF
J
STATE OF NEW YORK: SS.
COUNTY OF TOMPKINS:
RYDEN
F. Schu
uper)Visor
On this 9th day of January, 1996
before
me
personally
appeared James F. Schug, who did depose and
say that he
resides in
the Town of Dryden, Tompkins County, New
York,
that
he is the
Supervisor of the Town of Dryden, that he has been
duly
authorized
to execute this instrument, and that he has
signed
s
instrument
pursuant to such authorization.
Notary Publ