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HomeMy WebLinkAbout1996-03-12• Deputy Supv Members and followed by Roll call w Present • TOWN BOARD MEETING MARCH 12, 1996 C. Hatfield called the meeting guests participated in a moment the Pledge of Allegiance* as by Town Clerk Lloyd= . Deputy SuPv• C. Hatfield, Clp ., n cl at'er 7:30PM silent meditation Grantham, Clp Roberts, Atty Perkins and Lowe 'Clp T. Hatfield Absent: Supv Schuq an Clp Grantham bills. Deputy Supv C• Hatfield appointed audit the highway and general fund and Clp Roberts to COUNTY BRIEFING Lane - reported on the Virgil Creek Dam. The county has Co. Rep, L the construction750h000100 been trying t° get PL566 monies foroint. So far only come to about 4.6 million at this p However, they h the local SCS Office* However, funding• In has been allocated through source available through lemental appropriation bill for emergency have a stun partial funding which would leave a 25 the meantime there is a p ercent funding FEMA, but that would be 75 percent sponsors look forward to at application date for percent shortfall which none of our favor this point. We have been adviseMa�ahc3lsteitpwould be in applying for the FEMA money lication. If we decided we didn't o along with the 25 percent, to go ahead and make that app want it and weren't willing ally90 we would not be committed to failing the PL566 money el our request in now we would never carry through. If We for, the 75 percent funding• have the opportunity talking Jim Hansen - the appropriation bill re Rep. Lane was There bill before it comes out for on about is earmarked for the Pa�heic area of the west coast. abo to mark up is an opportunity this was assigned to these flood million. Unfortunately going to look at a second round of are g to come out, but we will not the west coast. They oing special appropriations that is Q April. The advice we received know about that until sometime in AP rant because from the hazard mitigation officer for file SforethisNgw York would be in the towns best interest t to build the dam* If you the 75 percent funding want to go through with they are sure of you don t You can file for this project and meet decide for whatever reason that y we can get it you are not committed• the other grant comes along option the 30 day deadline and-if et out of the 0 You o to contract which is the second step* out of this one. You would be allowed before yo Q application process there is the letter he chief - in the app ss of the project. Jim intent an is the lead agency intent and the county officer which in this case would be the chairman o e executive the letter of intent. The last board would have to sig n I • • 60 TB3 -12 -96 Page 2 paragraph of the letter is I certify that funding will be available for the 25 percent. So in that case we would go back to everyone involved and ask them if they are prepared to, if this is the only possibility to come up with some portion of that. In your case it would be one third of the 25 percent. The filing of this letter simply initiates the process. They review all of the applications and then send back a long form to fill out and this goes through another round of review. Assuming they agree to fund the project they would send us a contract and at that point we would have to make up our minds to be committed to the 25 percent. At that point the comptroller would have to issue a bond and he would have to ask the county board for approval to do that. There are several votes that have to take place between now and the time the actual dollars are laid out. It is more difficult to withdraw when you get to the last step or two. This would be the FEMA process. I have discussed this with Joe DelVechico who is our representative in Syracuse in the Natural Resource Conservation Service and asked whether or not this is possible if the two lead agencies could come together on this in terms of them having $750,000.00 at the present time. Mr. DelVechico indicated this might be a possibility. This is only the first step and there is time for consideration. If we don't take this step we might not have an opportunity for these funds after April 1st. I feel this would be prudent if this is what you are interested in. The other option would be to wait and see what Congress does with the supplemental appropriations and /or wait until the next budget cycle goes through and see if the appropriations go up. Clp Roberts - with regard to Mayor Day's letter the town would be looking at a 30 year commitment depending on the interest rate from $25,000.00 to $35,000.00 a year. i Co. Rep. Lane - only if we all get together at a point in the future and decide this is the way we want to go. We are equal partners and the county isn't saying that any of us have to buy into this at this point except to make out the application so we can hold the 75 percent if we need it. There is no commitment to bonding yet at the county level. We are saying there would be resources available from the municipalities if we decided to go that route. Jim Hansen - Bill Mobbs, Commissioner of Public Works is the person designated in the county to be the coordinator for all of the programs. It was recommended that the county move ahead with this since there is a 30 day window. TB3 -12 -96 Page 3 RESOLUTION #105 AUTHORIZATION TO SIGN FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) APPLICATION FOR FUNDING FOR VIRGIL CREEK FLOOD CONTROL PROJECT AND AMENDMENT OF 1996 CAPITAL PROGRAM Clp Roberts offered the following resolution and asked for its adoption: WHEREAS, Tompkins County, The Town of Dryden and the Village of Dryden have jointly pursued the construction of a flood control dam on Virgil Creek, and WHEREAS, all land rights and various permits have been acquired or are in the final review in anticipation that the Natural Resources Conservation Service would begin construction this year, and WHEREAS, the for the project Congress to be has not wholly appropriated funded by the sufficient funds Natural Resources Conservation Service in this construction season, and WHEREAS, with the recent January flooding, Tompkins County has become eligible for hazard mitigation monies from the Federal Emergency Management Agency (FEMA), and WHEREAS, the application for these funds must be completed by March 31, 1996 and must show a commitment of twenty -five (25X) • of the project cost (estimated total of $4.6 million) to be funded as the local share, and WHEREAS, there is currently an insufficient authorization of funds in the Capital Program to cover the local share, now therefore be it RESOLVED, on recommendation of the Planning, Community development and Education Committee, and the Capital Program Committee, that the Chairman of the Board of Representatives is authorized to sign a letter of intent which commits to the local share cost (25X of the total cost), subject to the Town of Dryden and the Village of Dryden providing binding agreements to provide equal shares of the local share, RESOLVED, further, on recommendation of the Capital Program Committee, that the Virgil Creek Flood Control Project be amended to authorize expenditures up to $1.2 million in additional funds ($400,000.00 of which is County obligation) pending agreement by the Town of Dryden and the Village of Dryden to provide equal shares; approval of the project application; and on -going negotiations with the Natural Resources Conservation Service to provide additional funding for the project. 2nd Clp Grantham Roll call vote - all voting Yes r� u/ I 0 I 8 to TB3 -12 -96 Page 4 • CITIZENS PRIVILEGE OF THE FLOOR Doug Foster, Monkey Run Rd. - Monkey Run easement - Dave Putnam - Doug Foster is asking the town to move the easement line so that it does not go through his house. As far as maintaining the water and sewer line is not a problem since there is still plenty of area. Clp Roberts - wanted to know when the easement was originally done. Dave Putnam - it is the old railroad r -o -w. The house was built after the railroad was abandoned and the person owning the land bought the rest of the railroad r -o -w, but the town retained utility easements. What was the old railroad boundary line became easement utility lines for the town. They got a variance to build the house because the lot was too small and the map here was the map that was submitted with both the zoning variance and the building permit. Clint Cotterill - the old railroad r -o -w was offered to the people who owned land on either side with the understanding that if the town was putting up permanent easements on the r -o -w that no one could use it other than walking and the town had the right to use it for utilities. • Doug Foster - the house was built in the easement area. I am requesting to just change the property line. Board members went over map and location of house. Atty Perkins - wanted to know what was different from this application now than what was presented before. Dave Putnam - nothing that I know of. Doug Foster - I think there is a misunderstanding with what was going to be done. I spoke with Supv Schug about this and he saw no problem with it. His understanding was that I was going to dig into the bank and build a house and for that reason was a concern since it may be used in the future for recreational purposes. I do own a very small house and I would like to put a second story on and not extend the footprint. I would like to put in a driveway along the side and this might be what triggered the whole thing. Atty Perkins - the only way you can convey this is if the board adopts a resolution pursuant to Town Law Section 6042 subject to a permissive referendum. He is asking the town to give up an interest in real property. Doug Foster - yes, the rights to maintain a water and sewer line. The water and sewer line have already been built so the only purpose now is for the easement is to maintain the water and sewer line. I don't see any reason why that should be the town. TB3 -12 -96 Page 5 Clp Roberts - wanted to know if that made any difference if it was just an easement. Atty Perkins - would have to check on this. Someone built on the easement. Doug Foster - the Town of Dryden owns the easement. Dave Putnam - Doug Foster owns the land and the town owns the easement. When the building permit was issued this is the exact same map that the variance and building permit was based on showing the house on the easement. Doug Foster - the town will benefit on the assessment because right now it is not worth a lot. Clp Roberts - did not think the town would lose anything because the easement would be parallel to the same easement that we have at the center of Monkey Run Road. Did not think this would cause the town any hardship. Atty Perkins - will check on this and have more information by March 26th board meeting. Doug Foster - I am willing to pay for the survey and legal work that needs to be done. • Carole Carpenter - was concerned about Game Farm Road and the joggers that use this road. 2 weeks ago I had an incident where I would have killed someone or I would have really gotten banged up. From Route 366 on the right and traveling toward Ellis Hollow there is a drastic dip in the road and when you hit that particular spot you cannot tell there is a jogger down in that dip. 2 weeks ago I noticed a car in the distance and it came up on my left, but at that point a jogger appeared and he was about 2 feet from the shoulder. I swerved to miss him and almost hit the oncoming car. The jogger realized what was going on and he jumped on to the bank. Today there is no shoulder because of the snow piled up there. There are times when there can be 10 to 20 joggers in the middle of one lane on that road. I can see a car coming down that knoll and hitting 6, 8, 10 people at a time. This is a very dangerous area. 5 years ago I did call Dr. Hart who is involved quite a bit in our community and he thanked me for my concern, but I don't think he is in touch with the Cornell people. My suggestion would be to just take that hump out of the road so you have better visibility for a longer way. Hwy Supt Gilbert - knew the location she was talking about and would check this out. The road was paved last year and he would check to also see about the shoulders along the road. • 6:5 TB3 -12 -96 Page 6 • COUNCILMAN PRIVILEGE OF THE FLOOR Clp Roberts - wanted to know the status of the recreational partnership. Atty Perkins - it is still at the City of Ithaca, but I will check on this. Clp Roberts - talked with Walter Groman regarding the ambulance. They still are not billing for ambulance charges however they are in the process of obtaining the program and updating their program and hope that everything will be in place this week. Atty Perkins - wanted to know why the ambulance company is involved with that when that is what the ambulance people who are here at the town should be doing it. Clp Roberts - it seems we are going to use their program they have already purchased and they are having it updated. Clint Cotterill, Chairman of the Board of Directors - wanted to know if the town was borrowing the fireman's program. The board of directors is taking a very strong stand that they will not be involved with the billing. They will furnish the information and the town will do the billing. If you are borrowing something fine, is but they feel they do not have any part of the billing or being responsible for it. • Clp Roberts - they did work out the insurance information in getting it from the hospitals. The information will be supplied to the ambulance company and the town. ATTORNEY Howser vs Lok & Lim - no change Baker Hill update - no change Mott Road - culvert - no change Cortland Paving update - expect an examination and go to trial this spring. Still in discovery stage. Atty Perkins - sent board members copies of the transmission main master agreement. This is an agreement with different municipalities in the Southern Cayuga Lake Water Commission. This is for certain upgrades to the transmission main as set forth in the agreement. What's contemplated is that everyone enters into the agreement at the present time, but the Town of Ithaca is agent for the other parties who have bid the project. If the bid comes in within the estimates, they will then get the budgetary approvals, bonding approvals for the cost of the project. This agreement contemplates a second approval after such time they know the amount. RESOLUTION NO. 106 (1996) 0 � APPROVING TRANSMISSION MAIN MASTER METER AGREEMENT Councilperson Roberts offered the following resolution and asked for its adoption: WHEREAS, a plan for the installation of master meters on the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) Transmission Main has been proposed; and WHEREAS, the Town of Dryden (Town) has considered said plan and acknowledges its cost responsibilities as described in the draft "Transmission Main Master Agreement" dated March 6, 1996; and WHEREAS, SCLIWC proposes to provide bidding and construction management services for the Town in connection with this project; and WHEREAS, the Town may authorize the Town of Ithaca to sign contracts on the Town's behalf particularly when, as is the case in the Transmission Main Master Meter Project, time is of the essence and further review of the project by the Town after-bids are received and found to be within the engineer's estimate would add no value to the project; be it therefore RESOLVED, that the Town of Dryden hereby agrees to the terms of the draft "Transmission Main Master Meter Agreement" dated March 6, 1996, approves the contract documents, authorizes bid proposals to be solicited by the SCLIWC, and grants authority to the Town of Ithaca to enter into a contract on the Town's behalf to construct the Town's share of site improvements to the existing Transmission Main connection to the Christopher Circle tank distribution system including the installation of a master meter, with the lowest responsible bidder; and be it further RESOLVED, that the Town of Dryden authorizes the expenditure of up to $3,197 for the aforesaid improvement; and be it further RESOLVED, that the Town of Dryden authorizes the expenditure of up to $50,648 of funds held by SCLIWC for the Commission's portion of the project as set forth in such agreement. Seconded Councilperson Grantham Roll call vote - all voting Yes TB3 -12 -96 Page 7 RESOLUTION #106 APPROVING TRANSMISSION MAIN MASTER METER AGREEMENT Clp Roberts offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clp Grantham Roll call vote - all voting Yes TOWN CLERK RESOLUTION #107 AUTHORIZE TOWN CLERK TO ATTEND SPORTING LICENSE SEMINAR Clp Roberts offered adoption: RESOLVED, that this attend a sporting 1 to pay expenses. 2nd Clp Grantham ENGINEERING the following Town Board au icense seminar Roll resolution and asked for its thorize Town Clerk Lloyd to in Binghamton on April 2nd and call vote - all voting Yes Atty Perkins - we received today the sewer transmission agreement from the Town of Ithaca regarding the Peregrine Hollow subdivision. Letter regarding Oak Brook Drive interest - board members have • copies. ZONING OFFICER - monthly report given to board members. Scheduled special permit hearings on March 26th 7:OOPM - Pro Lawn & Landscaping 7 :15PM - J. Yeager 7:30PM - J & D Pizza 7:45PM - Integrated Water Management Z.O. Slater - received a request from Roger Hatfield requesting a change in the conditions that were granted by the Site Plan Review on Feb 27th. They would like the hours changed and also add another use to the pet shop of animal care and dog grooming. The board decided to schedule a public hearing on April 9th. HIGHWAY SUPERINTENDENT Yellow Barn Road, Caswell Road update - no change Hile School Rd. County Engineer and prices on box culvert - no change. Accept /reject bid - truck with plow and dump box. Board members went over bids with Hwy Supt Gilbert. LB was low bid of $98,795.00. They haven't been in production on the dump box for 3 years. It would be the first 14 foot box sold, it spreads on the left hand side in front of the duals instead of the center, 2 hydraulic motors and no gear boxes, has an auger in the box as I see as a safety hazard and nothing in writing as to what we get on the dump box. The plow equipment, they sent literature but did not specify which type I would get. It is made in Canada and not the USA. r� E E TRANSMISSION MAIN MASTER METER AGREEMEI` THIS AGREEMENT is made as of the /20(k day of &dtO , 19969 by and among THE TOWN OF DRYDEN, 65 East Main Street, Dryden, New York 13053 on its own behalf and on behalf of Dryden Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District and the Turkey Hill Water District (hereinafter referred to as "Dryden "); THE TOWN OF ITHACA, 126 East Seneca Street, Ithaca, New York 14850 (hereinafter referred to as "Ithaca "); THE TOWN OF LANSING, 29 Auburn Road, Lansing, New York 14882 on its own behalf and on behalf of Town of Lansing Water Districts 2 through and including 11, 13, 14, 15 and 17 (hereinafter referred to as "Lansing Town "); VILLAGE OF CAYUGA HEIGHTS, 836 Hanshaw Road, Ithaca, New York 14850 ( "hereinafter referred to as "Cayuga Heights ");and the VILLAGE OF LANSING, 2405 North Triphammer Road, Ithaca, New York 14850 ( "hereinafter referred to as "Lansing Village "); each of said municipalities being a New York municipal corporation, and the five municipalities are referred to herein collectively as the "municipalities" and individually as a "municipality ". PART I - - RECITALS WHEREAS, Dryden, Ithaca, Lansing Town (acting at that time for Lansing Water District 1, McKinney's Water District and for itself) and Cayuga Heights, prior to the incorporation of the Village of Lansing, entered into an Agreement of Municipal Cooperation for Construction, • Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of February 25, 1974 (the "Original Agreement "), which Original Agreement was modified by a Modification of Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of December 16, 1974, and by a Written Agreement as to Water Rates Schedule dated as of December 1, 1976, and by an Amended, Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of June 5, 1979, and by a Supplement to Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System, dated as of October 15, 1991, and by an Agreement to change Water Rate Schedule, dated as of October 3, 1980, January 1, 1992, January 1, 1993, January 3, 1994 and January 2, 1996 (the foregoing agreements are together referred to hereinafter as the "AMC "); and Ll WHEREAS, Section 5 of the AMC provides the option for the installation of master meters at points of connection of the transmission lines of each project referred to in the AMC to the distribution lines owned by each municipality for the purpose of determining water consumed within each municipality; and WHEREAS, pursuant to the AMC the various parties provided for the creation of a ten member commission known as Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as the "Commission" or as "SCLIWC "); and 3/6/96 Draft Page 1 of 6 1 WHEREAS, to date, no adequate facilities have existed to meter water being distributed • from the SCLIWC transmission system through the transmission main (the "T- Main ") connections to individual member municipality distribution systems; and WHEREAS, SCLIWC staff has proposed a plan, on behalf of each municipality, to install master meter structures on each existing and future connection to the T -Main; and WHEREAS, the purpose of this plan is to adequately account for water uses within each municipality in order to assure efficient operation of the SCLIWC system and create the potential for accurate allocation of costs based on master metered consumption; and WHEREAS, the Commission has reviewed and recommended Alternative "F" of the proposed plan (hereinafter referred to as the "Project ") to the municipalities for their consideration; and WHEREAS, all five of the municipalities have considered the Project and have adopted resolutions in support of and providing their cooperation with respect to the Project, pending review of engineering plans, specifications and cost estimates; and WHEREAS, the Ithaca engineering staff has produced contract documents (including a bid proposal, engineering plans and specifications) titled "Construction of Master Meter and Control Valve Improvements 1996" and cost estimates; and • WHEREAS, as a result of review of these contract documents and cost estimates, the Commission recommends that the Project be undertaken as a Commission - financed project with appropriate costs for meter settings and vault improvements to be recovered from the municipalities, according to their respective interests; and WHEREAS, the municipalities have accepted the Commission recommendation and desire to execute an agreement that specifies the terms necessary to complete the Project. NOW, THEREFORE, for good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereto agree as follows: PART II - - THE PROJECT AND OWNERSHIP 1. The Project includes the construction of site improvements to existing T -Main connections to municipal distribution systems including installation of master meters. The construction of these improvements will be supervised by the Commission. 2. The Project contract documents (consisting of a bid proposal, engineering plans, and specifications) titled "Construction of Master Meter and Control Valve Improvements 1996 ", and a cost estimate were completed by the Ithaca engineering staff for the Project and are on file at the offices of SCLIWC and the municipalities. 3/6/96 Draft Page 2 of 6 I 3. In order that current policies and practices of SCLIWC and the municipalities are • maintained, each municipality agrees to accept ownership and responsibility for the T -Main connections to its respective distribution mains, together with any meter settings, buildings, piping, appurtenances and telemetry at those connections. Ownership and responsibility for T -Main connection meters and meter strainers and accessories shall be joint among all the municipalities in accordance with the AMC and shall be supervised and maintained by SCLIWC. 4. Following completion of the Project, each party shall accept the ownership of and maintenance responsibilities for their respective portions of the Project to be owned and maintained in accordance with the terms of this Agreement. Municipal ownership and responsibility for the T- Main connections and appurtenances, as set forth in paragraph three above, shall commence upon payment by the respective municipality of the final Project invoice (engineering estimates of which are set forth in Exhibit A). 5. The municipalities respectively grant to SCLIWC all necessary or appropriate authorization, upon completion of the Project, to operate and maintain the improvements constructed or installed as part of the Project, for the mutual benefit of the parties to this Agreement, according to each parties respective Negotiated Work Plan between each municipality and SCLIWC. PART III - - FINANCIAL COMMITMENT • 1. Ithaca will provide the contract documents and a cost estimate for` the Project, the cost of which will be shared by each municipality and SCLIWC in proportion to the portion of the total final project costs payable by each municipality. 2. SCLIWC will coordinate the bidding and provide construction management services necessary in connection with the Project. Costs for these services will be paid by SCLIWC. The basis for this is that the value of SCLIWC's services will be provided in approximately the same ratio as the benefit levy currently collected by SCLIWC. All construction contracts and related matters shall be approved by, and executed by, the Town of Ithaca, acting as agent for all of the municipalities party to this agreement (the "Contracting Municipality "). 3. Each municipality's contribution towards the total cost of the Project shall be determined following completion of the Project. These contribution amounts shall be calculated using the final total Project cost. The contribution by each municipality to the Commission shall be calculated in the same manner as shown on Exhibit A attached hereto and incorporated herein. Exhibit A's results are based on the Project's engineer's estimate. 4. SCLIWC shall deliver payment for all expenses incurred in connection with the Project, and SCLIWC will bill the municipalities for their respective financial contribution to Project costs. The schedule of billing to the municipalities will be two (2) months in advance of the payment schedule for the awarded contract. The municipalities each hereby agree to make payment of the amount billed by SCLIWC within thirty (30) days of invoice. 3/6/96 Draft Page 3 of 6 H 5. Prior to solicitation of Project construction bid proposals, the contract documents • shall be approved by all parties hereto. If all parties do not approve the contract documents, a revised Project consisting of a portion of the originally proposed work will be considered if such revised Project is practical. Prior to proceeding, a revised Project must be approved by the municipalities and SCLIWC. The parties hereto acknowledge that a revised Project may include participation by fewer than all five municipalities. Nevertheless, approvals in accordance with the Agreement shall be obtained from all municipal parties to this Agreement. 6. The Contracting Municipality shall not award a contract until all municipal parties have approved this Agreement in its entirety including the engineering estimates set forth in Exhibit A. To the extent required, a vote by any municipality on such approval shall not occur until a public hearing on the total project cost chargeable to such municipality has been held. If approval of all municipalities are not received within 90 days of the date of this Agreement, this Agreement and all rights and obligations herein shall be deemed to have terminated and shall be of no further force or effect. PART IV - - MISCELLANEOUS PROVISIONS 1. Other than by complying with the specific terms of this Agreement, nothing contained herein shall affect or change the manner in which any party conducts its business from the manner conducted prior to entering this Agreement. 2, This Agreement is made under and in accordance with Article 5 -G of the General Municipal Code and Title 1 -A of the Local Finance Law of the State of New York, and other than as authorized in accordance with the terms of these statutes, this Agreement does not create or establish any partnership, joint venture or joint enterprise among the parties hereto. 3. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. 5. This Agreement contains all of the terms of the agreement between the parties concerning the specific subject matter hereof, and supersedes and replaces all prior oral or written agreements and negotiations between the parties related to the subject matter hereof. 6. This Agreement, including exhibits, shall be construed as a whole according to the common meaning of its language in order to achieve the objectives and purposes of the parties hereto. The captions of each section of this Agreement shall have no effect on its interpretation. Wherever required by the context, the singular shall include the plural, or vice versa. 7. Each party, its successors and assigns shall perform all acts and do all things necessary, including execution of any required documents, hereafter required to achieve the objectives of this Agreement, and each municipality hereby certifies that it has taken all acts necessary or in order to legally enter into this Agreement. 3/6/96 Draft Page 4 of 6 0 11 • 8. This Agreement, and the rights and obligations of the parties hereto, shall be governed by and interpreted in accordance with the laws of the State of New York. Should any party hereto bring any legal action arising from the terms of this Agreement, such action shall be filed in Tompkins County, New York. 9: Each of the parties agrees to process applications for approval of the terms of this agreement, and to hold any required public hearings, as promptly as feasible after receipt of the appropriate engineer's estimates and to notify the other parties of the final approval or disapproval of this agreement as soon as reasonably possible. 10. This Agreement may be executed in counterpart originals, which when attached, shall constitute a single completed Agreement. 11. Each party hereto shall indemnify, defend, and hold the others harmless from and on account of any and all liability for claims, causes of action, damages, reparative costs and fines and injuries, including cost of defense and attorneys' fees, resulting from, arising out of, or in any way attributable to any action or failure to act of the indemnifying party in connection with the matters set forth in this Agreement. 12. Upon written request by any party, each party agrees to deliver to the other party a certification that, to the knowledge of the certifying party, this Agreement is in full force and effect, has not been amended or modified or, if so amended, identifying the amendments, and that the certifying party is not in default or, if in default, describing the nature and amount of such default. Such certificate shall be delivered to the requesting party within ten (10) days following receipt of request. 13. This Agreement shall continue in force until terminated by a completely executed future agreement of all parties. 3/6/96 Draft Page 5 of 6 0 CI • i' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and become effective as of the date set forth above. Town Board of The Town of Dryden Town Board of the Town of Ithaca: r �Q Catherine ValentinoahSunarvisor Conley!; Carolyn Revised 2/96 3/6/96 Draft Town Board of the Town of Lansing: Village of Lansing: t_ �4c Don Hartill, Mayor Vie of Cayuga Ronald Anderson, Mayor Page 6 of. 6 0 0 Transmission Main Master Metering Proj� Ownership, Maintenance, and Cost Sharing Responsibilities (Using Engineer's Estimates) Lansing Cayuga Lansing 1' -Main Connection Location SCL[WC Village Heights Ithaca Dryden Town Total Oakcrest structure $ 5,600 $ 17,500 I - -- -- �. meta 3,500 -- - $ J I _ � 26.600 1 -- Airport structure 51600 17,500 { meter 2,800 25,900 Spruce Lane 25% 65% 10% structure 61800 17,680 21720 meter 3,500 30,700 Sheldon Road 80% ; 15% 5% structure 14 160 1 2 655 I 885 j I _ - -- - -- meter 31500 1 21,2001 Apple Orchard - structure 211700 j ---- - - -- meter 39500 - _ 259200 I Pine Tree structure I 17,700 1 meter 31500 - -- - - - -- 21,200 - - -- - - _.. j Pearsall Place - i - - -- structure 239 2001 1 } meter 31500 1 i 26,700 Burdick Pump Station { - -- { structure j- - _ 785 meter - ---- - - - ass � - - - - -- - - --. Other spare meter 1,080 { I 1,080 - - -- - - - spare cover plate 364 ! 364 I - hydraulic - - mod- el upgrade 1,500 1 I 1 500 t I _ bdhng ft soware upgrade 21500 I � ; � j 21500 j O.Q.S. by-pass 5,600 - - 5,600 Contingency (10 %) 4,604 31500 21096 81294 272 167 I 18 933 1 - _.. _. _ Engineering 4,107 2,156 ' 7,804 205 ! 103 14,375 1 - - [Bonding Costs n/a n/a n/a I 5,000 n/a j n/a i 51000 Total i $ 50,648 $ 42,607 j $ 25,213 $ 104,033 ' $ 3,197 ; $ 1,940 $ 227,637 _64 - - "structure" = Building or vault (including electrical, drainage, dchumidifcation, ventilation); piping (starling at and including the valve on the lee at the connection to the T- Main); appurtanences (including shut -off valves, check valves, pressure reducing valves, gages, etc.); telemetry (transmi(ter, receiver, telephone line installation). Installed "nu•ter" meter, strainer, telemetry (meter head transmitter, 24v power) I.1-.1 iilithit -d Z/X /90 FXI fill[ I n 4 I I I l 1I i I I C'II. \1•• 0 { 8 MAILING ADDRESS: P.O. Box 178 Ithaca, N.Y. 14851 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TOWNS OF DRYDEN • ITHACA • LANSING — VILLAGES OF CAYUGA HEIGHTS • LANSING SHIPPING ADDRESS: 1402 East Shore Drive Ithaca, N.Y. 14850 COMMISSIONERS, GEORGE J. CONNEMAN Chairperson JEANNINE KIRBY Vice Chairperson CATHERINE VALENTINO Treasurer RONALD ANDERSON JEFFREY CLEVELAND is DONALD HARTILL STEPHEN LIPINSKI (607) 277 - 0660 —FAX (607) 277 - 3056 —E -MAIL SCLIWC @aol.com June 28, 1996 Suzanne Lloyd, Town Clerk Town of Dryden 65 East Main Street Dryden, NY 1305' Transmittal of the Transmission Main Master Meter Agreement of March 12, 1996 and its Amendment of June 135 1996 Dear Suzanne, I do certify and attest that the attached copies of the Transmission Main Master Meter Agreement and Amendment are true and correct copies of the Original on file in this office. The following project milestone dates are provided for your information: H. MICHAEL NEWMAN 1. Town of Ithaca awarded the contract to Finger Lakes Construction on behalf of the five member municipalities on 6/10/96. SHIRLEY RAFFENSPERGER 2. A preconstruction meeting was held at the Bolton Point water JAMES SCHUG treatment plant on 6/18/96. 3. A notice to proceed is expected to be given to Finger Lakes KEVIN M. KAUFFMAN Construction by 7/1/96. Executive Director 4. Completion of the project is expected by 11/30/96 LAWRENCE PARLETT I will keep you posted when specific events related to this project will Administration affect the water customers in your municipality. JACK RUECKHEIM Distribution Sincerely, PAUL TUNISON Production v arry Parlett Commission Secretary Administration Department Leader Excellence in water quality and customer service Date: March 11th, 1996 To: Charlie Hatfield, Dryden Town Deputy Supervisor From: Henry M. Slater, Zoning & Building Code Enforcement Off. ,r Sub.: February 196 Building & Zoning Activity Report 1 Dear- Charlie: Building Permits: During the month of February 196, our department issued 3 building permits which are detailed as follows. A -1 - A -2 Single family home to be modified to 2 Family (1) C -5 -1 Erect a Multi -use Public Structure (1) C -4.1 Erect a 3500 sq ft Warehouse Private Storage Structure (1) Certificates of Occupancy and Compliance Certificate of Occupancy (1) Temporary Certificates of Occupancy (0) Certificate of Compliance (2) Public Inspections, Fire Safety Multiple Residence Facilities (1) Business Facilities (1) Home Day Care Facilities (1) Fire Investi During review. Pot Fireplace fi •failure. Ne been returne • gations for February 196 h were withi re and the s ither call c d to service the Mont , there n the Va econd wa aused an h of Feb were (2) rna Stat s for cl y damage ruary notice of fi ion area. On othes dryer e and both sys (2) re reports to e a chimney / xhaust vent terns have The ZBA did not meet in February. The Planning Board to review and approve a (3) subdivision proposed for Sweetland Road. At this time, I would advise you that I have one additional Site Plan Review Applicant in hand. Genave Sopp has filed a Site Plan Review application to establish a new Ice Cream Shop on Ellis Drive, an MA Zoning District. I also expect not less than two more Special Permit applicant. Currently we have four- Special permit requests pending. Two are left over from the February 27th session and two have been received since our last session together. At the direction of Deputy Supervisor Hatfield, I scheduled these additional request for the Special 3/26 session. Very truly yours, /)/ a4k - Henr M. Slater Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney I Memorandum DATE: March 10, 1996 TO: Dryden Town and Dryden Village Board Members FROM: Tom Cory, Dryden Village Trustee Charles Hatfield, Dryden Town Councilman Tom Hatfield, Dryden Town Councilman Mike Hattery, Dryden Village Trustee RE: Provision of water service for residents and property owners north of Dryden Village In response to resolutions passed by the Dryden Village Board on November 9, 1995, the Town of Dryden and Village of Dryden each appointed two members for a joint committee to explore public water supply needs north of the Village. The committee met twice, on January 15 and 29, 1996. Committee members reviewed existing engineering and legal documents, discussed a variety of issues about water service and the potential for initiating new district arrangements. At the January 29 meeting the members of the committee decided to that they needed to report back to there respective boards before any additional progress could be made. Committee members agree on the following regarding future public water supply north of the village: 1. The area north of the village of Dryden needs a public water supply. While the current and medium term need may not encompass the entirety of the previously proposed town Cortland Road Water District a failure to provide water service to some portion of the area will restrict further growth in the area. The town and village should find a public water supply solution for the area. 2. All members agreed that residents and property owners in the affected area should be served in the most cost effective manner possible. Agreement was not reached on how this could be achieved although three main options were discussed: annexation, village provision in the town outside village area without the formation of a town water district, and restructuring of the former water sales agreement and formation of a special water district. 3. Currently, by resolution of the village board, the village prohibits the extension of water services outside the village (or no water without annexation). Unless the village board changed this policy there is no basis for continued town - village discussion of any form of town water district agreement. 4. There were clear communication and involvement problems in the development of agreements between TO and the Town of Dryden regarding connection to the proposed Cortland Road Water District. The absence of such communication and involvement with the village constituted a violation of the former agreement. Any attempt to create a new agreement • between the town and village for the sale of water should build in a clearer requirement for direct participation by village staff and trustees in district planning and formation. The committee discussed several other key areas of concern for future town - village consideration • and possible action. The compatibility of town and village zoning ordinances and zone designations around the village perimeter should be examined. One member of the committee u0*ed that the conflict in town village zoning surfaced during the attempt to site the DeWitt cement facility north of the village two years ago. CJ • � -�. ter. IJJV vim. VV %41� Al. Y• March 12, 1996 VV I VYYV1 GO IM 1 •.uuulu- •Ile • • 1 • u : • :1 • • 1 t U11 I-.AUIL Uf UNYULN PAGE VILLAGE of DRYDEN INCOAPORATEO ta57 TOMPKINS COUNTY lot If _• • :1 y I• 1 • f.•f • v •. _ • • • •'i 1 • � Ili 1 1 • • I tl I. .• :1 •'• w As you •1 • • 1 Town of in • 1 • t 1 : �• w • • � t. .,1:11• r • •• 1 t • :,1.1 M: • •1 ,.1.• •1 1 %1 .a11 :1 ,• ••.1 w1 • : • COTT tl While of ftinding for the federal pormon of the wo& One option that appears to be open is fbr tk remuns elusive bwause of Federal EmmVency 1 .•q: 1 Agency M 1• f 1•: 1 • f •: 1 • : •. •: .: 1 ..: •.� �• • 1.. 1• �.. 1 /t .• • • Lwmi spot B ©2 y..0 tG! 1770 U7. JJ y a O0(04401417 UILL-AGE OF DRYDEN Modei of cocall costs for Construction cost (1996) Sincerely, Total local Cost (25% of total MftQn construction Village, Town and County Costs if split .•.I PAGE 03 9 �■ OTC x f •. 1. • 1 lL 1 111. YI 1 •tl •'t 1 1 �• 1 • 1 1' 1 11 1 • • t 1 �• Robert J. Day Mayor cc: Board of Trustees Town Supervisor James Schug Town Board Jim Skaley, Tompkins County Planning Dept. Cathy Covert, Clerk, Board of Representatives :f 0 I M TB3 -12 -96 Page 8 • Hwy Supt Gilbert - Burr Truck, second bid was 8102,901.00. The truck is made in Canada and not the USA. They did not put in writing what we were getting. The literature does not show the j tilt hitch on the VCL series. Cable in the cab is not called for. Hwy Supt Gilbert - Tracy Equipment was high bid of 8106,989.00. They met all of the specs and I already have 2 of this type of dump box, and service is reliable. I have all of the written information that we would be getting. I would like to take the high bid, since it did meet all of the specs. Board members decided to get more information on the bids Hwy Supt Gilbert had received and take action on March 26th. Jack Bush - gave board members report on repair work for bathroom at highway garage. There was some discussion. Clp Roberts - felt it would be nice to know where we stood financially before any money was authorized. Deputy Supv C. Hatfield - felt that since the bathroom work has been started it should be finished correctly now while they have the time to work on it. Clp Roberts - would like Hwy Supt Gilbert to work with Dianne to determine how much is already available from his budget that can • be used for this purpose and how much the supervisor is going to have to find in order to cover the rest. RESOLUTION #108 AUTHORIZE MONEY FOR REPAIR OF BATHROOM AT HIGHWAY GARAGE Clp Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize an amount not to exceed 85,000.00 from General A Contingency Fund for the repair of the bathroom in the highway garage. 2nd Clp Roberts Roll call vote - all voting Yes CORRESPONDENCE Dryden Lake police report for the month of February Letter from R. Palmer - board members have copy - Clp Grantham, Clp C. Hatfield, Dave Putnam and Atty Perkins scheduled a meeting on April 1st at 9:OOAM to meet with Mr. Palmer regarding public water service for the Mott Road trailer park. FINANCIAL REPORT - available to board members JUSTICE REPORT - 814,648.00 for the month of February 11 TB3 -12 -96 Page 9 • Vouchers held out - Capital Hwy original voucher authorized $12.00 expenditure and they are requesting payment of $32.94 so we will need a P.O. which will cover the full amount. Frey The Wheel Man Inc. the charge for 3 months is $2,844.00 and the blanket purchase order was set up for $500.00 per month. Hwy Supt Gilbert questioned why the blanket purchase order was set up for that amount. Dryden Agway bill is for $2118.00 large purchases and wondered what they are and why they weren't done on a separate purchase order. Vouchers #184, #189 and #191. RESOLUTION #109 AUDIT ABSTRACT #103 Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that abstract #103 be paid as audited with the of Voucher #184, #189 and #191. Voucher #175 to Voucher total of $110,503.79. exception #308 for a 2nd Clp Grantham Roll call vote - all voting NEW BUSINESS March 26th - 7:OOPM public hearing April 9th - board meeting May 14th - board meeting June 11th - board meeting • Adjourned: 10:30PM Susanne Lloyd Dryden Town Clerk 40 Yes 6-q 9