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HomeMy WebLinkAbout2004-11-11"I'13 I 1 -1 1 -04 TOWN OF DRYDEN TOWN BOARD MEETING November 11, 2004 Present: Cl Stephen Stelick, Jr., Deputy Supervisor, Cl Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery >lected. Officials: 13ambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Dave Putnam, TO Miller Engineers Debbie Gross, Environmental Planner Jennifer Staton, Recreation Coordinator In the absence of Supv Trumbull, Deputy Supervisor Stelick chaired this meeting. Cl Stelick opened the meeting with the pledge of allegiance. PUBLIC HEARING IN THE MATTER OF THE CONSTRUCTION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION EAST HILL WATER TANK AND WATER MAINS, THE EXPENDITURE OF FUNDS FOR SUCH PURPOSE, THE ISSUANCE AND SALE OF JOINT AND SEVERAL SERIAL BONDS FOR A PORTION OF THE COSTS OF SUCH PROJECT, AND THE EXECUTIOIN OF AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION GOVERNING SUCH WATER TANK AND WATER MAINS Cl Stelick opened the public hearing at 7:05 p.m. Dave Putnam said this project has been contemplated for a long time by Bolton Point and was in the original plan but cut because of funding problems. The system has now grown to the point ghat. this tank will have to be built. It will be a benefit to the Town of Dryden and will make the Varna water system better. Atty Perkins said part of the project involves the use of funds that the commission has been putting away from wager revenues and part will be represented by bonding. Things to be considered tonight are an amendment to the agreement of municipal cooperation authorizing the project and secondly adopting a bond and authorizing resolution. All the municipalities are adopting substantially similar bonding resolutions. The Town of Dryden's actual cost share of the project is 4.577% of the debt, or approximately $68,355, which will be paid from the districts that are served by Bolton Point. Water rates will be increased slightly, and Atty Perkins noted that the rates went up steadily for a few years then went clown, and will now probably be increased slightly. That will be discussed in December. The hearing was left open at 7:08 p.m. CITIZENS PRIVILEGE .lean McPheeters, President of the Tompkins County Chamber of Commerce, said the Chamber has a, contract with the County to operate the Convention & Visitors Bureau, which is done with room tax revenues. This year the Strategic Tours & Planning Board (an advisory board to the County Board) has requested that one of the things done with the room tax funds is erect road signs at the edges of the County for those entering that would say "Welcome to Tompkins County and the Town of The Town has an opportunity to say a few words about the Town on the sign and she is asking the board suggestions about: that. They :also have funds to do some plantings around the signs and will be able to get them planted. They would like to make a connection with some organization that can take care of any Ps;e I of23 T13 I I - l 1 -04 necessary watering, weeding, etc. The signs will probably be installed in the Spring, and she 0 would like to hear from the Town in the next month or so about the additional wording. The signs in the Town of Dryden will be placed on Route 13 and Route 38. They will try to Have them installed on the bars that are perforated so that additional signs can be used occasionally for special events. Jon King, of Lower Creek Road, spoke to the board about his desire to have a pet cemetery on Turkey Hill Road. Mr King has worked as an animal pathologist for 40 years. He explained that his son died unexpectedly two years ago and he would like to do this in memory of his son, who was an animal lover, on the property where he died. The property is about four acres with a small house on it. They plan to install proper drainage for the property. Cement slabs %611 be placed on stable; soil and on those will be placed pre - formed cement housing divided into compartments (18" x .1.8 ") with each compartment having a brass door (locked). Mr King anticipates each structure will be 20 compartments long and 4 high. The structure will have a tile roof. The animals will be cremated and the ashes placed in the compartments. The doors can be engraved per the owner's instructions. A wrought iron gate will be installed at the entrance to the property with a sign that. says "Jay's Mt Pleasant Pet Haven ". A stone walkway will lead to the cement mausoleum. If there is a large demand, they will have two structures, one on the grass and one in the woods. The price will be $300 each and will be deeded for a 30 or 50 year period, depending on the legal advice he receives. ZO Slater explained the problem is that. the Town does not provide for this use in its zoning ordinance, and that Mr King could not prevail with the Zoning Board of Appeals because the property is zoned for a single family home which is there. It would take an amendment of the Zoning Ordinance to accommodate Mr. King. Atty Perkins said this is strictly a discretionary legislative act. D Gross said she would be interested in mapping the site and taking a look at the soils. Cl Stelick told Mr King the Board would have stall' do some more research on the subject. Mr King will meet with D Gross and ZO Slater prior to leaving for Florida for the winter. Cl Hattery asked Mr. King if he was planning on being a fee simple owner of the property or was setting up a trust. Mr King said lie would. leave the property endowed so that people could keep their animal remains there. Tim Woods said a group of people have met twice in the last month and a half and formed an ad hoc committee to address some of the questions on the Town's draft comprehensive plan from an agricultural standpoint. The group is comprised of farmers and people who own agricultural land. There are currently 9 people on that ad hoc committee. Mr Woods offered a draft: proposal to the board regarding the formation of an Agricultural Advisory Committee (comparable to the Conservation Advisory Committee). He proposes it would comprised of 9 members and they would elect a chair and vice- chair. He also proposes that they would have 2 seats on the Planning Board and 2 seats on this Conservation Board so that agricultural issues would be addressed on a continual basis. Cl Christofferson said there are openings on some boards and they are interested in receiving applications from people interested in serving, so he is not sure they would need to form another committee to accomplish what Mr Woods is asking. Mr Woods said the current ad hoc committee would continue meeting once or twice a month to discuss the comprehensive plan, but they would like to have a permanent, standing committee. Cl Stelick closed the public hearing at 7:25 p.m. HIGHWAY DEPARTMENT J Hush has previously provided the board with draft copies of resolutions he would like ' passed. Cl Christofferson explained that roads that had been originally been approved are now being removed because of weather or other reasons. Pate 2 of'28 01-B I I - 11-04 RESOLUTION #161 - AMEND §284 AGREEMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that the §284 agreerent. between the Highway Superintendent and the Town Board be amended by removing the following roads: Mt. Pleasant Road, Genung Road, Hunt: Hill Road, Hungerford Road, Cardinal Drive, Meadowlark Drive, and Enterprise Drive. 2tid Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes C1 Michaels Yes Cl Hattery Yes J Bush explained that he did not yet have the agreement for snow and ice removal from the County, but that it was essentially the same as last: year, and because it is near snow season he would like to have the agreement approved for signature, by himself and the Town Supervisor. The only change would be the term and a few road changes. The Town will now be plowing Hanshaw Road from Route 13 to Freese Road, and will be salting Turkey Hill Road in addition to plowing it: so as to not have an overlap of service. He is confident. in the terms of it and Atty Perkins prepared the agreement two years ago. RESOLUTION #162 - AUTHORIZE SNOW & ICE AGREEMENT Ci Hattery offered the following resolution and asked for its adoption: RESOLVED, that the snow and ice agreement between the Town of Dryden and Tompkins County be renewed for the period May 1, 2004 through April 30, 2006, and the Supervisor is authorized to sign the same. 2nd Cl Michaels Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes J Bush said a portion of Ellis Drive had recently been annexed to the Village, along with Enterprise Drive, and he would like to petition the NYS Department of Transportation to lower the speed limit to 30 miles per hour to conform with the other portion of the road. RESOLUTION #163 - REQUEST LOWER SPEED LIMIT ON ELLIS DRIVE Cl Michaels offered the following resolution and asked for its adoption: RESOWED, that the Town of Dryden request that the Tompkins County Highway Supervisor submit a request to New York State Department of Transportation to lower the speed limit on Ellis Drive to 30 mph to coincide with the section of Ellis Drive annexed to the Village of Dryden, which is posted 30 mph. 2nd CI Stelick Moll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Page 3 of 28 Cl Hattery Yes TB I I -11 -04 A resolution needs to be passed each year to post the seasonal limited use highways. These roads are the same as last year. power lines. RESOLUTION #164 - DESIGNATE SEASONAL USE ROADS C1 Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the following list of seasonal limited use highways upon the recommendation of the Highway Superintendent. These roads will riot be plowed or maintained from November 2004 through April 2005. The roads will be posted with the appropriate signs and the Town Clerk shall post such notice at the Town Hall. 1) Hile School Road - from #147 Ed Hill Road west. to w =ithin approximately 500 Feet of Route 38. 2) Signal Tower Road - from Card Road north to the power lines. 3) 4) 5) Star Stanton Hill Road - from approximately 800 feet west of the Dryden - Hwford Road west for approximately 3000 feet. Caswell Road - from West Dryden Road south for approximately .6 mile. Scam Hill Road - from the east:cbm boundary of tax map #50. -1. -18.2 south to the southern boundary of tax map #60. -0l -6.1. 2nd C1 Michaels Roll Call Vote Cl Stelick Yes C1 Christofferson Yes Cl Michaels Yes Cl Hattery Yes Cl Michaels said he had been contacted by the Ellis Hollow Community Center about the possibility of the 'town helping to develop and tn:aintain recreational fields at their center and asked J Bush if that was something the DPW could help with. J Bush said they would like to be a contributor, providing it could be worked into the schedule and their commitment to other projects. It is a question of funding and time. Cl Michaels said that was a general question and a lot. of things would need to happen. They had asked for funding for renovations to their pool. He is interested in building a recreation network and the ability to hold events at: the center. They have an area that could readily be turned into playing fields. There was discussion about the need for the center to be accessible to all residents of the Town and Cl Michaels said the center understood that would be necessary if they received assistance from the Town. COUNTY BRIEFING Michael Lane said the County held a public hearing on its budget last night and it was not well attended. Don Barber, Caroline Town Supervisor, expressed concern about the need for a greater level of police protection and was advocating for more Sheriffs Deputy positions. M Lane said more importantly he was advocating having a group come together and discuss police services in the rural areas and how they might be funded, what the needs were, etc. He said lie hopes the Town of Dryden would participate in those discussions. He said as a whole the budget hearing was kind of quirt. The proposed increase in tax levy is 6.27"/ and that may adjust. They have to do something about additional funding for TCAT because of their change to a cwt- for - profit Page 4 of 28 TB 1 1 -1 1 -04 ® corporation. The budget for Cortland County is up 6.2% and there are counties that are looking at much higher tax rate increases this year again because they have run out of surplus monies to keep the tax rage down. Tompkins County has maintained its planned surplus and put a%vay some money for capital spending. "there is still a debate on the funds to be spent for the jail, whether to proceed with keeping the variances, increasing the number of cells, or to give, up the variances and begin boarding out of inmates. He said he hoped they would go with the former, that he thinks it is inevitable that the County will need additional cells. He said it: doesn't make a lot: of sense for Tompkins County's programs of working with people to then send them to Ti.oga County, Schuyler or Chemung Counties. If people are going to be available for OAR or• other programs provided in the jail (and Tompkins County has a higher level of these programs), it doesn't make sense to send them to other counties. He noted that prisoners that are most often boarded out tend to be women because it is very expensive to maintain a proper level of staffing to house women and jails that have fewer women tend to send them to a more centralized location. He said he thinks that is unfair to women. He said he doesn't. necessarily believe the County needs 136 cells and that the County should have been permitted to proceed with its project of 104 cells, but the Corrections Commission is declaring the need for this because of the numbers and classifications of prisoners. If the County continues to dig in its heels, they can impose graduated sanctions of removing the variances that allow them to house prisoners. In 1996 the Count' spent $672,000 to board out prisoners in other Counties Lyears around 1996 were $400,000 to $500,000). He said he thinks that is a waste of money and we might better put it into bricks and mortar and have the programs here. With respect John to the Red Mill Road bridge, Lamptman is again trying to schedule a meeting with the State Historic Preservation Office to hopefully get them to agree that we need ® a single alignment bridge. If that can't be done, the project will have to be re- examined. He's not sure if that can be done with federal and state Money. The bridge is not closed, but there is a weight limit. The issue is the historic nature of the bridge and trying to maintain that while still providing the necessary transportation needs in that part of the Town of Dryden, particularly for the agricultural businesses. Federal .requirements restrict removal and reuse of the historic bridge. It has been suggested that we build another alignment, that we leave the bridge in place and build a new bridge next to the existing one, and then the question of who maintains and pays for the old bridge becomes a question. Cl Hattery said if Don Barber's concerns about police; patrols gets any traction, but if it does it would be worthwhile for the County to look at options other counties have pursued that target the desire for service with payment, so that other areas that already provide road patrol don't pay for it again. Martha Robertson gave a summary of staffing changes as a result of the county's new budget, with changes making a net increase of 7.5 full time employees. The Highway Department is adding an additional road crew (4.3 positions) plus the equipment to go along with that crew. With respect to the jail, she distributed a graph of the jail population since 1995 saying that it has leveled off due to the programs the county has. She said the; programs have been evaluated internally and she believes they are a good investment. She said by boarding out a few people they could save a lot. of money. The cost: of the project as a whole is going to be almost $4,000,000 a year, $2,000,000 of that being current operations. A worst case scenario for boarding out would be $380,000. She is confident:, after talking to the judges and probation, that they can get the numbers even lower. The board had voted for the 104 bed option for the jail, and a plan for the infrastruci:ure so they could easily add more housing units if necessary. She felt: it was good, responsible plan, and that the decision by the Page 5 ol'28 TB 11 -11 -04 Commission was arbitrary and not justifiable and a waste of the taxpayers money. The legislature will discuss it further on Tuesday. M Robertson said the recreation partnership is going ahead with the ideas that have forward in the last couple of months. They are working on sponsorships and transportation issues. ENGINEERING No report. RECREATION DEPARTMENT Jennifer Staton said that the boys ands girls in -house basketball programs started this weekend with over seventy children registered. They are looking to get more fifth and sixth grade boys to play and lowering the fees for the travel league by giving a discount to those who sign up for both. Broome County Community College will be doing a basketball clinic some time in December. They are tr.-ying to have a 3 on 3 basketball tournament at the end of the season. They are planning a cheerleading competition for December 11 at the high school. An update on the recreation partnership was distributed to board members, outlining organizational goals for 2004 -05 and ccnxtmunication needs. The football and cheerleading banquet was held November 7 with approximately 250 people in attendance to celebrate a very successful season. J Staton is currently working with the Dryden Youth Opportunity Fund and Paul Streeter on putting together a Dryden Youth Night: to be held in January at the High School. The children will be able to use the g�.m, pool and cafeteria areas for activities. They hope to be able to do this every other month or so. Cl Michaels said the Hillis Hollow Community Center is looking to do a renovation to the pool, Xwhieh is widely used in the community. The Center claims to have made their facility open to the entire Town and the current group seems to be interested in working writh the Town and being more open to the community than it has been in the past. They are looking for help to close the gap between the $40,000 they have in their capital reserve fund and the $89,000 bid they have received for the pool renovations. Cl Michaels said this is a widely used recreation need in the town and are looking for help with the financing. He said the 'Town would benefit if the Recreation Department was looking for ways to site recreational activities at the Center. It was also suggested that Thomas Development could help seek funding opportunities for this project. C1 Stelick said they have received two applications to fill positions on the Recreation Commission. The Rec Commission is recommending Ralph Shortell to fill the current opening with term to expire December 31, 2005. RESOLUTION # 165 - APPOINT R SHORTELL TO RECREATION COMMISSION Cl Christofferson offered the following resolution and asked for its adoption: RESOLVPM, that this Town Board hereby appoints Ralph Shortell to serve on the Recreation Commission, filling the position vacated by Fuss Kowalski, with a term to expire December 31, 2005, 2 "41 Cl Michaels Page 6 of 28 TB 11 -1lw04 Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl 1-1 attery Yes Thev also have a vacanev effective January l because Matty Hamel has move(] from the area. They recommend that Don Scutt be appointed to succeed her. RESOLUTION #166 - APPOINT D SCUTT TO RECREATION COMMISSION Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoint Donald Scutt to serve on the Recreation Commission with a term of January 1, 2005 through December 31, 2007, 21111 Cl Stelick Roll Call Vote Cl Stelick Yes CI Christofferson Yes Cl Michaels Yes Cl Hattery Yes C1 Stelick said there are two other terms that will expire December 31, 2004, but they don't know vet if those people want to continue to serve on the Commission. ATTORNEY Atty Perkins said the board has held a public hearing on the supplement to the Agreement of Municipal Cooperation for Bolton Point, an(] the board received a copy in September. The board can now approve that agreement, which authorizes the East Hill Tank project and authorizes the treasurer of SCLIWC to negotiate the bonding, etc. and generally approve the project. RESOLUTION #167 - APPROVE SCLIWC AMENDMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approve the amendment to the. agreement: of municipal cooperation authorizing the East Hill Tank Project for Southern Cayuga Lake Intermunicipal Water Commission. 2 ^d Cl Christofferson Roll Call Vote C1 Stelick Yes Cl Christofferson Yes C1 Michaels Yes Cl Hattei-y Yes The board executed several copies of the agreement. Atty Perkins said the board would now need to adopt the bond and authorizing resolution which authorizes the issuance of joint ® and several serial. bonds of the municipalities to pay for that part of the project for which there are not funds on hand. The Town would be authorizing the issuance of $1,500,000 in joint: Pagc. 7 of 28 TB 11-11-04 and several serial bonds. The Town's portion of ghat is 4.577 %, which will be paid back out of water revenues. RESOLUTION # 168 -BOND AND AUTHORIZING RESOLUTION DATED NOVEMBER 11, 2004 RESOLUTION AUTHORIZING THE CONSTRUCTION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL COMMISSION EAST HILL WATER TANK AND WATER MAINS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE AND SALE OF JOINT AND SEVERAL SERIAL BONDS FOR A PORTION OF THE COSTS OF SUCH PROJECT AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION GOVERNING SUCH WATER TANK AND WATER MAINS. Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, the Town Board ofToxvn of Dryden, in conjunction with the Towns of Ithaca and Lansing and the Villages of Cayuga Heights and Lansing, has determined and agreed to participate in the construction of a water tank and an extension of water mains to be constructed by and operated by the Southern Cayuga Lake interrnunicipal Water Commission ( "SCLIWC ") and to contract indebtedness therefore in accordance with Section 15 of the Local Pinance Law pursuant to a Supplement to Agreement of Municipal Cooperation for Construction, Financing and Operation of an Intennunicipal Water Supply and Transmission System Relating to 2004 East Hill 'lank and Water Main Project dated as of October 'l, 2004 (the "Int:ermunicipal Agreement Supplement "); and WHEREAS, a plan, report and rnap has been duly prepared in such manner and in such detail a.s this Board determines to be necessary, relating to the construction of a water tank on Hungerford Hill in the Town of Ithaca and construction of additional water transmission mains in part in connection with such new water tank all to be a part of the SCLIWC water system, and all pursuant to Article; 5 -G of the General Municipal Laws and relevant provisions of the Town Law and Village Law, such project to be known and identified as the SCIWC 2004 East Hill Tank and Water Main Project, and hereinafter also referred to as "Project:," to provide irnproved water storage capacity and water transmission capabilities for SCLIWC and the system owned in common by the Towns of Dryden, Ithaca and Ltuising and the Villages of Cayuga Heights and Lansing {collectively the "Municipalities") and sometimes individually the "Municipality", such Project: to be constructed and owned by the Municipalities, and WHEREAS, the proposed SCLIWC 2004 East Hill Tank and Water Main Project consists of the improvements set: forth below. and as more particularly shown and described i.n said plan, report and map presently on File in the Office of the Town Clerk; and WHEREAS, the maximum amount proposed to be expended for the aforesaid improvement is $2,200,000.00; and WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,500,000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC; and WHEREAS, a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2004 East Hill Tank and Water Main Project, the authorization of serial bonds for payment of part: of the costs of the Project, the expenditure of current revenues Page 8 of 23 T13 II -11 -04 and surplus funds for the balance of the costs of the Project., and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Project was held on November 11, 2004, all in accordance with applicable provisions of General Municipal Law, Local Finance Law, and Town Law, at which time all persons interested in the subject thereof were given an opportunity to be heard; and WHEREAS, the Project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant: to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, all other actions precedent: to the financing of the capital project hereinafter described have been performed; and WHEREAS, it is now desired to authorize the SCLIWC 2004 East Hill Tank and Water Main Project, the execution of the Intermunicipal Agreement Supplement, and the funancing of such capital project; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden, conditioned upon the within resolution in substantially the same form being adopted, approved and made effective by the other member municipalities of SCLIWC to the extent applicable to such municipalities, as follows: Section 1. The Town of Dryden hereby authorizes the SCLIWC 2004 East Hill Tank and Water Main Project, consisting of construction of a 3,000,000 gallon ® prestressed concrete water storage tank and appurtenant facilities on Hungerford Hill in the Town of Ithaca, construction of 3600 feet of sixteen inch diameter ductile iron pipe and appurtenances running from SCLIWC's existing transmission main on Ellis Hollow Road east of its intersection with Pine Tree Road easterly along Ellis I-Iollow Road to its intersection with Hungerford Hill Road then southerly along Hungerford Hill Road and then. southeasterly across lots to the proposed new storage tank on Hungerford Hill, and construction of a twelve inch diameter ductile iron water distribution main and appurtenances running northerly from the intersection of Ellis Hollow Road and Hungerford Hill Road across lots approximately 1500 feet to the vicinity of the Cornell University Athletic. Fields located off of Game Farm Road, all of said actions being authorized pursuant to Articles 12, 12 -A, and /or 1.2 -C of the Town Law and Article 5 -G of the General Municipal Law. s Section 2. The Town of Dryden hereby approves the Intermunicipal Agreement Supplement: pursuant to which the Town authorizes the SCLIWC 2004 East: Hill Tank and Water Main Project, delegates to SCLIWC the authority to contract for and construct said .Project, and agrees to the manner of financing the same as set forth herein. Section 3. The Town of Dryden, subject to the approval of the voters of the Town of Dryden if a referendum is requested, hereby authorizes the expenditure of up to $2,200,000.00 for the SCLIWC 2004 East Hill Tank and Water Main Project and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project." Section 4. There are authorized to be issued in connection with the Project, $1,500,000 joint serial bonds of the Village of Lansing, Village of Cayuga Heights, Town of Dryden, Town of Ithaca, and Town of Lansing, all of Tompkins County, New York, Page 9 of 28 TB 11 -11 -04 pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York as amended and Title lA of the Local Finance Law. Section 5. $2,200,000.00 is estimated as the maximum cost for Project, and the plan for the financing of the Project, which plan is hereby authorized, consists of (a) The issuance of not more than $1,500,000 joint and several serial bonds as aforesaid, the amount: of which is initially estimated to be allocated and apportioned to each of the municipalities as set forth below; and (b) Payment, from the surplus fund balance of SCLIWC of the balance of the remaining costs of such SCLIWC 2004 East Hill Tank and Water Main Project, Section 6. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and allocated to each of said 'Towns and Villages shall be in the sarne proportion as the consumption of water from the SCLIWC facility in each of the Towns of Dryden, Ithaca., and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water from the SCLIWC water distribution facility.. which is estimated to be, and for the purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascertaining each of the municipalities debt contracting powers shall be-, as follows: MUNiCIPALITY PERCENTAGE OF DE131 N Town of Dryden 4.577 Town of Ithaca 44.031. Town of Lansing 18.186 Village of Lansing 21.94.1 Village of Cayuga Heights 1.1.265 ALLOCATED PORTION OFF DEBT $ 68,665.00 $6603465.00 $272,790.00 $329,11.5.00 $168p975,00 Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of this resolution hereinafter set forth relating to the annual apportionment of the amount of principal and interest on die bonds herein authorized to be issued as among said Towns and said Villages, nor the manner of collection and payment: of the amounts of annual debt serviced provided to be apportioned annually by said provisions. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized and directed to act jointly to make application to the State Comptroller as appropriate for the allocation and apportionment of said joint indebtedness in accordance with the provisions of this section and to perform all acts and furnish all information required in connection with such application. Section 7. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1. of Paragraph a of Section 11.00 of the Local Finance Law. It: is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 8. The full faith and credit of said 'Town of Dryden, said Town of Ithaca, said Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. The principal of and interest on said joint bonds shall be apportioned annually among said Pie 10 of 28 'rB 11- i I -O4 49 Towns and said Villlages in accordance with the J n terraunici pat Agreement Supplement hereinabove rEtferred to, in the ratio which the consumption of water from the SOLI C system in each of said municipalities bears to the full consumption from the entire U C water diskribution system, such T-atio to be annually determined in accordance with Like aforesaid Intermtanicipal Ag+eement Supplement, the giryare of said principal and interest in be borne by the aforesaid Towns, shall b c annually assessed, levied and collected within said Towns as follows. (a) From the scve;ral lots and parcels of land in each of the water districts in the 'town of Dryden and in the Town of Lansing, i.rt the manner provided by law. (b) From the sevttral lots and parcels in the Town of [Chaco, town-wide water irnprovernent area, in the manner provided by law_ The Village of Caciyuga Heights shrill annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall ennually levy and colle(t[ a tax sufficient to pay the share of said principal snd interest to be bQYT)e by said Village, as the same may bLecome due and payable, If not paid from the aforesaid sources, all the taxable, real property in slid Town of Dryden, and a J I Che taxable real proper!:V in did Town of Ithaca, and aTT the taxable real property in said Town of Lansing and all the taxable real property in said Village of Cayuga I•IeighE%, and all the taxable teal property in said Village of Leasing shall be jointly subject to the levy of an ad valorem tax, without limitation as to the ratL or amount, sufficient to p; v the principal of and inwrest on said bonds as the same become due and payable_ Section 9. Subject to the provisions of the heal Finance Law and this sic on, the power to authorize the issuonce of and to sell joint bond anticipation notes in anticipation of the issuance and sale of the joint serial bonds herein authori7xd, including renewals of such notes, is hercty delegated to the Supervisor of the Tolkvn of Ithaca., the chief fiscal officer cif said Town, acting on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing. Such joint borid anticipation notes shall be of such terms, form and contents, and '%hall be sold in such manner as may be prescribed by a bond anticipation nOlte Certificate, as authori zed by Section 30.00 of the Local Finance Law; provided, however, thai, an bond anticipation nol:rs so issued shall be the joint indebtedness of said Towns and said Villages and shall be executed in the naives of Town of Dryden, the Town of Ithaca, the Toqkvn of Lansing, the Vi.11age of Cayuga Heights and the !tillage. of Lansing, and shall be signed by tl-ie Supervisor of I:lhe 'Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Tpwvn, shall be signed key the Supervisor of the Town of fthacz� on behalf of said'rokwrn and shall have affixed. thereto the wall of the Town of Ithaca attested by the Town Clerk *f said Town said �ixper }-isor, shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the ToTAm of Lan �ir�g, attested by the Town Clerk of said Tolrvn, sha.11 be signed by t:he Treasurer of the Tillage of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by the Village Clerk of said Village, and shall be signed by the 'treasurer of the Village of Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said Village. The chicr fiscal officer ref the TouFn of Ithaca to whore is hereby delegated the; Power to authorize} tale issuance of and to sell such join l: band anticipation notes, shall qW file, an executed COPY of each such band anticipation note cl.rtiiicate with the finance Page 1 11ti-2$ 'fl3 I iml i -}t3 hoard of c rach of the aforesaid iuunici.pa.lfties prior to the issuance of the bond anricipation note or notes authorbTd by such certificatF. Section 10. The validity of 6,,41c:h joint serial bands and joint bond anticipatiorn notes may lac contested only - 1, such joint bonds are authorized for an object or purrhase for which said Towns or said Villages are not authorized to expend Tuoncy, or 2. The provisions of law which should be complied with at the date of poblic_ation of this resolution are not substg.r tikiily complied with, and an action, suit or praccceding contesting sll h validity is commenced %vtthin 20 days after the date of publication, or 3. Such joint bonds are authorized in violation of the provision of the Constitution, Section 11, Upon the adoption of this resolution by each of the aFtrresaid Towns and the afbre8rsid Villages, and the pub] ion thereof with th(I notice provided for herein, the Clerks cif cash such Town and each such Village shall file witti the Clerk of each of the other Towns and. of the Villages, a certified J -opy of this resolution and a printer's affi.davil: or affidavits, as the cast', may be, of publication tht;rrof with the required noticed or notices, as the case may be, Section 12- Pursuant to Section 15 -00(m) of the Focal Finance Law, the powers and duties of advertising such joint bonds for sale, conducting +lie stale and awvv :+ding the bonds, are horcby- delegated to the Supervisor of the Town Uf Ithaca, Tompkins County, New York, who on her own behalf and on. b(�ha.lf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the inttre�O.:s of the aforesaid Towns :snd Villages, provided, however, that in the exercise of these delegated powers, she shall comply I`ul] }� with the provisions of the Local Finance Law and any order or rule or the State Comptroller applicable to the sale Of mUnioipal bonds. The +sculpt of said Supervisor shall lac a full acquittance to the purchaser of such }ponds, who shal.l 1,ot be obliged to see to the application of the purcbwa c money, Section 13. All other matters, except as provided herein relating to such joint bonds, including determining whethcr to issue such joint serial bands having subt4arntially lexrel or declining debt service and all matters .related thereto, prescribing the method for the recording of o4rrmcrship of said bongs, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonris, the date, denominations, maturities and interest payrrient dates, place or places of payment, shall be determined by said Supervisor on behalf of the chief fiscal. officers of the Towns of Drvden, Ithaca, and Lansmi g, cued the V10ages of Cayuga Heights and Lansing. It is hereby determined that it is to the financial advantage of tho issuers not to impose and collool from registervd owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent., and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance LaTi , no such charges shall br: so collected by the fiscal agent, Such bonds shall contain sub,,gWntially the recital of validity claLLse provided fo1- in Section 52-00 of the Moral Finance Lai %r and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of I.he Local Finance Lave, �is the Tow„ Supervisor shrill determine. Said fiords shall be signed in the name of each Town and Village ky the manual signature of respective chief fiscal officer and a facsimile or Original of the PagL,F 12 of 2 3 TB 11 -11 -04 corporate seal of each Town and Village shall be imprinted thereon and shall be attested by the manual signatures of each respective Town or Village Clerk, Section 14. Pursuant to Local Finance Town of Ithaca is designated as the chief fiscal of the joint bonds, the paying agent on the bonds, not: appoint such an agent pursuant to the resolution. Law Section 1.51 the Supervisor of the Geer to maintain the records relating to and the registration agent: if she does authority granted elsewhere in this Section 1.5. Any obligation issued under authority of this resolution shall contain on it's face a recital in substantially the following form: "This obligation evidences the joint indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of Dryden, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, the Village of Cayuga Heights, Tompkins County, New York, and the Village of Lansing, Tompkins County, New York." Section 16. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -1. Other than as specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set: aside with respect to the permanent funding of the object or purpose described herein. Section 17. SCLIWC is hereby authorized to pay, out of unreserved surplus, the costs of the SCLiWC 2004 East Hill Tank and Water Main Project in excess of the bond proceeds authorized by this resolution, provided, however, the maximum cost of said project does not exceed the maximum runount authorized in this resolution. Section 18. Within 10 days after the adoption of this resolution by the Tow =n Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post: and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract: of this resolution concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. Section 19. If no referendum is requested, or if requested, a referendum is held and the referendum approves the resolution, this resolution, or a summary thereof, shall be published by the Town Clerk, together with a notice in substantially the form prescribed, and containing the information required, by Section 81.00 of said Local Fiiiance Law, such publication to be in the Ithaca Journal, a newspaper published in the City of Ithaca and having a general circulation within such Town. Section 20. This resolution shall take effect as provided in Town Law § 91, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 21. This resolution is adopted subject to a permissive referendum pursuant to Town lnw Article 12, 12 -A :and /or 12 -C and Local Finance; Law Section 35. 2nd Cl Michaels Roll Call Vote CI Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes 111age 13 of 28 T13 1 1 -1 1 -04 Atty Perkins said a special town election was held on the formation of the Royal Road Water District. and Royal Road Sewer District. We did use County election inspectors after several calls to the local Supreme Court: Justice's chambers and the County Attorney, the matter was resolved satisfactorily without the commencement: of an Article 78 proceeding (although the papers were prepared and ready to be delivered). The election was held with no problems and the vote was 6 in favor and l against in each instance. The election inspectors and Town Clerk have certified the results. The next step is to adopt a final resolution establishing each district and authorizing the improvement. board members received copies of the proposed resolutions via e -mail. RESOLUTION #169 - FINAL RESOLUTION ESTABLISHING TOWN OF DRYDEN ROYAL ROAD WATER DISTRICT Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York (the "Tow-n "), has caused a general map, plan and report to be prepared by T.G. Miller, P.C. (the "Maps and Plans ") and filed in the office of the Town Clerk in relation to the proposed establishment of a water district in the Town to be known as Town of Dryden Royal Road Water District: (the "District. "); WHEREAS, on July 8, 2004, a resolution was adopted by the Town Board reciting a description of the boundaries of the District, the proposed improvements, the rvaximum amount proposed to be expended for the improvements, the fact that the Maps a.nd Plans had been presented to the Town Board and were on file in the Town Clerk's Office, and specifying July 22, 2004, at 8 p.m. at the Town Hall, 65 East Main Street in the Town of Dryden as the Aft time when and the place where the Town Board would meet in a public hearing to hear all persons interested in the creation of the District; WHEREAS, notice of the public hearing was published and posted in the manner and within the time prescribed t:he Town I.Aiw; WHEREAS, the public hearing was held at the time and place set forth in the notice and all persons desiring to be heard were heard; WHEREAS, following the public hearing, the Town Board on July 22, 2004 adopted a resolution, sul,ject to permissive referendum, approving the establishment of the District; WHEREAS, notice of the adoption of the approving resolution was published and posted in the manner required by law; and WHEREAS, a valid petition protesting against such resolution and requesting a. referendum thereon was filed in the time required by the Town Law; and WHEREAS, the Town Board adopted a resolution on September 24, 2004 calling a Special Town Election for November 2, 2004 at which a proposition for approval or disapproval of the ..July 22, 2004 resolution was submitted to the owners of taxable real property situate in the proposed district.; and WHEREAS, at: such Special Town Election the proposition was approved by a majority of such owners voting thereon; and WHEREAS, the Town Clerk has filed her Certificate with respect to the results of dle vote upon such proposition with the Tompkins County Clerk; and ["age 14 of?8 `fB I I -I I -04 0 WHEREAS pursuant to p the Town Law, the permission of the New York State p Comptroller for the establishment of the District is not required. NOW, THEREFORE, be it RESOLVED, that Town of Dryden Royal Road Water District: in the Town of Dryden, Tompkins County, New York, is hereby established in accordance with the Maps and Plans, and the District sha_11 be bounded and described as set forth on Appendix A attached hereto. RESOLVED, that the acquisition, construction and installation of the proposed water system improvements for the District, consisting of the acquisition, construction and installation of water transmission mains and lines, and acquisition of equipment, machinery or apparatus required in connection therewith, all as more particularly described in the Maps and Plans, is hereby authorized as a maximum estimated cost of $51,400. RESOLVED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded in the office of the Tompkins County Clerk and filed in the office of the State Department of Audit and Control in Albany, in accordance with the provisions of Town Law Section 209 -g(l ). 211d Cl Stelick Doll Call Vote Cl Stelick Yes Cl Christofferson Yes CI Michaels Yes Cl Hattery Yes Atty Perkins explained that in connection with that we need to be able to pay for the acquisition and construction so there is a bond resolution authorizing the issuance of serial bonds by the district in the maximum amount of $51,400. The period of probable usefulness is 40 years and the bonds won't likely be issued for that long and we will try to pay them off as rapidly as possible. One of the things that will determine the amount: of the payment is how much we will have to pay F & T, depending on the year in which this actually occurs. He said we would probably issue statutory installment bonds which will save a great deal of expense. Statutory installment bonds are typically picked up by local banks; serial bonds typically go to the bond market. RESOLUTION #170 -BOND RESOLUTION DATED NOVEMBER 11, 2004 A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF A WATER SUPPLY AND DISTRIBUTION SYSTEM FOR ROYAL ROAD WATER DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $51,400 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $51,400 SERIAL BONDS TO PAY THE COST THEREOF. Cl Christofferson offered the following resolution and asked for its adoption: BE fT RESOLVED by the Town Board of the 'town of Dryden, Tompkins County, New York, as follows: ® Section 1. The acquisition, construction and installation of a water supply and distribution system for Royal Road Water District in the Town of Dryden, Tompkins County, New York (the "Town "), including the acquisition, construction and installation of water Page 15 of 28 transmission mains and lines, and the acquisition of required in connection therewith, is hereby authorize d $51,400. r 11-1 la 4 equipment, machinery or apparatus at an estimated maximum cost of Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $51,400, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $51,400 in serial bonds (the "Bonds ") of the Town .authorized to be issued pursuant to this, resolution. Section 3. It. is hereby determined that the period of probable usefulness of the aforesaid specific object Local Finance Law. "fhe or purpose proposed is forty (40) years, maturity of the Bonds pursuant will be in to Section 1 1.00(a)(1) of the excess of five years. Section 4. Pursuant to Section 107.00(d)(3)(a) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 1.65.10 of the Local Finance Law, for the capital purposes described in Section 1 of this, resolution. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within Town of Dryden Royal Road Water District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes clue and payable, but if not paid from such source, all the taxable real. property in the `Town shall be subject: to the levy of ad valorem t-ixes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due. Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or declining annual debt. service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorised by Section 1 of this resolution shall be from the Town's General Fund. it: is intended that: the Town shall then reimburse such expenditures writh the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures Page 16 of 28 T13 I1-11 -04 isauthorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150 -2. Section 9. The validity of the Bands authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object: or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit: or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall be published in full in the official newspapers of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Laws. Section 11. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law. Section 12. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide seconduy market disclosure as required by Securities and Exchange Commission Rule 15c2 -12. Section 13. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution. Section 14. This resolut 2nd Cl Michaels Roll Call Vote Cl Cl Cl Cl ion shall take effect immediately. Stelick Yes Christofferson Yes Michaels Yes Flattery Yes Atty Perkins explained that though the boundaries of the Royal Road Sewer District are coterminous with the Water District, they need to be established separately by the same procedure. RESOLUTION #171 - FINAL RESOLUTION ESTABLISHING TOWN OF DRYDEN ROYAL ROAD SEWER DISTRICT Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the 'Town of Dryden, Tompkins County, News York (the ® "Town "), has caused a general map, plan and report to be prepared by T.G. Miller, P.C. (the "Maps and Plans ") and filed in the office of the Town Clerk in relation to the proposed Page 17 of 28 T13 I I -II -04 establishment of a sewer district in the Town to be known as Town of Dryden Royal Road Sewer District (the "District"); WHEREAS, on July 8, 2004, a resolution was adopted by the Town Board reciting a description of the boundaries of th% District, the proposed improvements, the maximum amount proposed to be expended for the improvements, the fact that the Maps and flans had been presented to the Town Board and were on file in the Town Clerk's Office, and specifying July 22, 2004, at 8 p.m. at the Town Hall, GS East Main Street: in the Town of Dryden as the time when and the place where the Town Board would meet in a public hearing to hear all persons interested in the creation of the District; WHEREAS, notice of the public hearing was published and posted in the manner and within the time prescribed the Town law; WHEREAS, the public hearing was held at the time and place set forth in the notice and all persons desiring to be heard were heard; WHEREAS, following the public hearing, the Town Board on July 22, 2004 adopted a resolution, subject to permissive referendum, approving the establishment of the District; WHEREAS, notice of the adoption of the approving resolution was published and posted in the manner required by law; and WHEREAS, a valid petition protesting against such resolution and requesting a referendum thereon was filed in the tirne required by the Town Law; and WHEREAS, the Town Board adopted a resolution on September 24, 2004 calling a Special Town Election for November 2, 2004 at which a proposition for approval or disapproval of the July 22, 2004 resolution was submitted to the owners of taxable real property situate in the proposed district; and WHEREAS, at such Special Town Election the proposition was approved by a majority of such owners voting thereon; and WHEREAS, the Town Clerk has filed her Certificate with respect to the results of the vote upon such proposition with the Tompkins County Clerk; and WHEREAS, pursuant to the Town Law, the permission of the New York State Comptroller for the establishment of the District is not required. NOW, THEREFORE, be it RESOLVED, that Town of Dryden Royal Road Sever District in the Town of Dryden, Tompkins County, New York, is hereby established in accordance with the Maps and Plans, and the District: shall be bounded and described as set forth on Appendix A attached hereto. RESOLVED, that: the acquisition, construction and installation of the proposed sewer system improvements for the District, consisting of the acquisition, construction and installation of sewer mains, and acquisition of equipment, machinery or apparatus required in connection therewith, all as more particularly described in the Maps and Plans, is hereby authorized as a maximum estimated cost of $47,500. RESOLVED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded in the office of the Tompkins County Clerk and tiled in 0 Pate 18 of'8 TB 11 -1lw04 the office of the State Department of Audit and Control in Albany, in accordance with the provisions of Town Law Section 209 -g(1). 2^d Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hatten� Yes RESOLUTION #172 - BOND RESOLUTION DATED NOVEMBER 11, 2004 A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF A SEWER SYSTEM FOR ROYAL ROAD SEWER DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $479500 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $47,500 SERIAL BONDS TO PAY THE COST THEREOF. Cl Stelick offered the following resolution and asked for its adoption: BE IT RESOLVED by the Town Board of the Town of Dryden, Tompkins Country, New York, as follows: Section 1. The acquisition, construction and installation of a sewer system for Royal Road Sewer District in the Town of Dryden, Tompkins County, New York (the "Town"), including the acquisition, construction and installation of sewer mains, and the acquisition of equipment, machinery or apparatus required in connection therewith, is hereby authorized at an estimated maximum cost of $47,500. Section 2. It is hereby determined that the maximum estimated cost: of the aforesaid specific objects or purposes is $47,500, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $47,500 in serial bonds (the "Bonds") of the Town authorized to be issued pursuant to this resolution. . Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Section l 1.00(x)(4) of the Local Finance Law. The proposed maturity of the Bonds will be in excess of five years. Section 4. Pursuant to Section 107.00(d)(3)(a) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the swine were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interesst by a general tax upon all the real property within the `1'o%vn without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient: to pay the principal of and interest on such obligations becoming due: and payable in such year. There shall annually be apportioned and .assessed upon the several logs and parcels of land within `town of Dryden Page 19 of 28 TB I I -I I -04 Royal Road Sewer District, which the Town Board shall determine to be especially benefited by the improvement., an amount. sufficient to pay the principal of and interest: on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due. Section 7, Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to soil bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or declining annual debt service, is hereby delegated to the 'Town Supervisor, the chief fiscal officer of the Town. Section 8. The reasonably expected source of funds to he used to initially pay for the; expenditures authorized by Section 1 of this resolution shall be from the Town's General Fund. It: is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation. notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150 -2. Section 9. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) clays after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall be published in full in the official newspapers of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law. Section 12. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the 'Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2 -12. Page 20 of 28 Ta II -LI -04 Section 1.3- The Town Board hereby determines that the provisions of the State Environmental Quality review Act a,nd the rcgulatinns thereunder have preViOU sly been satisfied With respect to the expen.ditures authorived by this resolution. section 14. This regoIutian shall take cFfTect iminediately- ad Cl Christofferson Roll Call Vote CJ Silelick. Ycs Cl Christofferson Yes Cl Michaels Ycs Cl flattery Yes At[y Perkins said that laA Friday afternoon there was a ineeting with the Town and the Village of Dryden, their respective engineers, mpresentatic+c:s of 'fC3, and attorneys for parties to discus% the negotiations for (09an tin ued sewer service for the Cortland Road Sewer Distri ct, He said it was a prOductive meeting. TC3 is on board and they are working to address the probletris in their sewer line- He said the Town's position was that it was willing to participate in their plant upgrade at a maxiinuin cost not to exceed 1.7 mill]on dollars on the condition that the Village open a serious dialogue with the Town about providing water by either anuexdng the area of the sewer distn t .r negotiatin in good faith to provide water sense so the area can develop because the more custnmers you have and more development you have, the lower the cost will be for evervorke. The participation in the sewer plant i2pgrade provides for additional capacity at what the engineers estimate will be needed. at build out of that area. Atty Perkins said he believed both sides understood where the other was corning from. He said the Village has a ways to go before going to bid and obtaining all the rcgalatory approvals. The Towm's engineers are working on how the Town Twould pay back the 1.7 million and what the cosC to a typical user there would be based on Borne assumptions provided regarding the boars. that would be floated in the bond maTket. He expects to have more infbrrnatio} i for the December meeting- 1 Hattery said he believed there was general agree Enent that the voluiue numhers that are driving a lot of the need for the upgrade are based on the growth from TC3, and the parties have agreed to approach Senator SeuFard about the importance cif some kind of help with this expansion linked to the demand created by TC:3 and their plans for growth Attu Perkins said the agreement with the Village which has expired, prmided up to 50,000 gallons txtr day for the district and schools were rneasu rod separately. It turrk s out that the dist.riet. might be just about at that 50,000 marls when TC3 and the high school are removed from the equation- A lot of the problem corn es from TC3 and the infiltration problem they have. TC3 has been encouraged to take care of Ihot problem soon- C1 Mich aeIs said he thought the current water users its the Village would be benefited if there wCrC more users in the system- Atl;y Perkins said o�Ar- engineering study indicated that it was very affordable for the Town. to construct a. water district ii, the area, even with having to pad- far needed upgrades to the Village ptjmping station, etc. C1 Chri ci;offersan said It. just makes sense to work together for what is best for c_veryone, ON NG OFFICER 0 Slater ini :mduced Jeff Kirby, the representahive of the 'Gown's comrrrunicat ion s con %rxlttmit appointed last month, who resides in the TMvn- The Town still needs to wank out a contract vAth the firm- Mr Kirby 11hanked the board for choosing his uampany to provide senvicea For the Token. He said he is plea d. to be able to assisil. the Town in this capacity and looks forvvar€i to working with us, C1 Christoffergon. said one of the things they had talked Page 21 of 28 Of 1 3 1 1 -1 1 -04 about in the interview process was to look around the town and do a study, sort of a comprehensive cell tower plan and where the best location is to put towers to help serve the people in the town. Ho said there are a lot of people concerned because they lose cell service and would like that looked into. ZO Slater said one of the goals in the current t:elccommunications law is that anyone bringing service to the community has to consider the community first and the need for through traffic; second, but that often doesn't address ,areas away from traffic corridors. Mr Kirby said that traditionally companies have tried to service the largest volume of users and that has always been the mobile individual. Now wireless services are being used rnore and more by people in their homes and businesses and throughout the community, which provides a different type of need for a much broader coverage for the service. He agrees with approach of being proactive and planning ahead rather than reacting to one application after another. Cl Christofferson said since there are no applications pending at this point, he would like to look at two things. One is putting together a plan for what might work well for the folks in Dryden, and also taking a look at the current ordinance, which could use some updating. ZO Slater asked if it would make sense for the Town to solicit a carrier to till in the areas where there is currently no coverage. Mr Kirby said that is a difficult question because the various carriers' systems don't talk to each other. With the multiplicity of carriers that provide different services in the community, co- location is very important so that multiple services can be provided from a single pole. Mr Kirby will be working on looking at what the town presently has in place and what modifications might. make sense. Board members have been provided with a copy of an application from someone who is interested in doing the minutes for the ZBA, Conservation Board and Planning Board. ZO Slater explained that it has been difficult to retain a .recording secretary for these boards and has worked with Linda Bruno and the Tech Prep Program at the high school to secure someone. Steve Bell, who is interested in government, has applied for the position and is eager to begin. The board discussed the rate of pay and decided to pay $6.50 and hour with a $.50 per hour raise after a satisfactory two month evaluation. RESOLUTION #1 ?3 - APPOINT RECORDING SECRETARY Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Stephen R. Bell as recording secretary for the Planning Board, Zoning Board of Appeals and Conservation Board at an hourly rate of $6.50 per hour, with a $.50 per hour- raise after a satisfactory two month review. 2nd CI Stelick Roll Call Vote Cl Stclick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes ENVIRONMENTAL PLANNER D Gross said she understands that the request for formation of an agricultural advisory committee would require a great deal of thought, and asked the board to feel free to share their thoughts with her and she would relay there to that group. Rige 22 of 28 T13 I1 -11 -04 The Board has been provided with a proposed resolution selecting a firm for drilling the wells for the aquifer study. Atty Perkins suggested some changes to that and the board adopted it. Bids were for an assumed depth, with a per foot amount noted. RESOLUTION # 174 - AWARD TEST WELL BID Cl Michaels offered the following resolution and asked for its adoption: Whereas the Town of Dryden is currently conducting an aquifer study in the Virgil Creek Valley, in cooperation with the United States Geological Survey, and Whereas USGS has indicated that the study will benefit from drilling of one deep test well and possibly one shallow test well on DEC lands near the outlet to Dryden lake, and Whereas DEC has granted permission for drilling at the specified site, and Whereas the Town Clerk publicly opened and read sealed bids for the test well drilling project on Wednesday, November 10, at 3PM, and Whereas three bids were received as summarized below, and Barber and Deline L.L.C. BarneX Moravec, Inc. Hayward Baker for deep well $21,550 $22,785 $30600 for shallow well $2,985 $2,810 $3,500 total $24,535 $25595 $34,100 Whereas Barber and Deline submitted the lowest bid, Now, therefore, be it resolved that, Conditioned upon the successful lour bidder executing the required agreement and furnishing proof of the required insurances, the Town Board awards the contract for the test well drilling project to Barber and Deline, with the understanding that actual cost will depend on depth to bedrock and geology of the site, and that the per foot and per hour costs in the bid will be used to determine the actual cost. 2nd CI Hattery Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes D Gross has prepared a draft resolution for the selection of a firm to work on the trail project. Because there is federal funding for the project certain procedures must be followed and it is beneficial to have a consultant that. knows that: process. The process also requires a licensed engineer and they would be looking at the engineering questions along the trail, such as the potential for agricultural equipinent to cross over a somewhat washed out section and the engineer will be able to address that. They will start by doing a preliminary design and communicating with the private landowners along the route. When DOT approves that they will move on to help with acquiring the rights -of -way. In the federal process, the Town is not allowed to ask there about their rate in order to select a firm, but must select them based on qualifications alone and then negotiate; the rate. The committee selecting the consultant did Page 23 of 28 T13' I I -1 1 -04 contact municipalities that had worked with the consultants before and ask how they had done in terms of estimating costs and whether they thought they were fair. Cl Hattery said that from the three applicants chosen to interview it was very hard to choose based on qualifications because all three had a lot of experience in working with municipalities both on developing trails and on getting additional funding to continue the development of the trail program. The Town has had funding since 1996 to do the link to Preeville, but would like to link up with the Town of Ithaca, so having consultants that are used to the funding process is important. He said this team kind of stood out and after the follow up with references, thesis folks came out very strong in terms of being able to work with our existing staff, because if possible we would like to do some of the work in- house. The firm chosen is Barton and Loguidice out of Syracuse and their hason lives in the Town of Dryden. 'ncey subcontract with a firm called Northeast Greenways which specializes in trail development. They have been asked to help with the preliminary design a-rid potentially continue_ D Gross said that before beginning the process of interviewing consultants they met with four of the landowners and no one said the project was not possible, though there were clear discussions about: what the issues were. She feels the consulting team will be able to address those concerns. The meeting continued while Atty Perkins reviewed the proposed resolution. With respect to the problems being experienced with well water near the intersection of Ellis Hollow and Quarry }toad, D Gross has followed up with the Department of Environmental Conservation. They %%ill review the information provided and pull together a team to look at the problem, including a hydrogeologist and the people responsible for mining operations. She wants to make sure the information given them is collected in a consistent manner and has is drafted a well problem report sheet and it is being reviewed. it will then be sent to residents in the area of concern. She has also spoken with people at the Tompkins County Health Department. There are records about when new homes have gone up and when complaints have been received about silt in wells, and it *%will be interesting to con-elate ghat. After discussion, it was decided to send the questionnaire to a larger area than they anticipate having problems. TOWN CLERK RESOLUTION #175 - APPROVE MINUTES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Tc presented. 2nd Cl Stelick Roll Call Vote Cl C1 Cl C1 awn Board hereby approves the minutes of October 14, 2004, as Stelick Yes Christofferson Yes Michaels Yes Hattery Yes B Hollenbeck explained that it was necessary for the board to take action to relevy unpaid water and sewer bills and other delinquent fees to the tax bills. Board members received a list prior to the meeting. Page 24 of 28 Tm I I -11 -04 RESOLUTION # 176 - ADD DELINQUENT WATER & SEWER BILLS AND FEES TO 2005 TAX ROLL Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the addition of the following delinquent water and sewer bills and fees to the 2005 tax roll: Acct No, Name Parcel Amount K4326 Watson c/o Treeforms 52. -1 -4.9 100.10 K4338 Watson c/o Treeforms 52. -1 -4.11 1.02.61 K4358 Watson c/o Treeforms 52. -1 -4.6 100.10 K5245 Nemcek (Kri -lyn Funding) 541-2 -9 611.85 K5400 Roy Staley 54. -1 -8 104.25 K5635 Nicholas Bellisario 541 -1 -9.5 641.78 L3446 Michael Kimball 53. -1 -7 402.62 0452 Joseph Giordano 43. -1. -19.14 329.81 L3464 John Lucente 43.- 1- 19.19 712.40 L3466 Joseph Giordano 43. -1 -19.10 297.12 1..3472 Scott Lovley 43. -1 -12 37.21 L3477 Chris Palmer 43. -1 -4 200.95 L3490 Danny Dunn 56. -3 -7 50.05 1A028 Anthony Marsit 69. -2 -13 210.07 L4047 Nermak, LLC 69. -2 -6 92.95 L4271 Melissa Hine 691-2 -3.3 45.12 L5988 Stephen/ Patricia .Lucente 56. -4 -7.2 533.04 604 Geneve &, Donn Sopp 38. -1 -32 479.18 606 Paul Lip Nancy Conklin 37.-1-1.0,2 594.81 New York State Armory 42. -1- 31.3 30.00 Ralph Crandall 52. -1 -8.1 75.00 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes ENVIRONMENTAL PLANNER (con n40 Cl Michaels said he would abstain from the vote on the trail consultant because the firm his wife works for had submitted a proposal. RESOLUTION #177 - SELECT TRAIL CONSULTANT Cl Christofferson offered the following resolution and asked for its adoption: Whereas the Town of Dryden has received Federal Transportation Enhancements funding for the development of a bicycle/ pedestrian trail on the former railroad bed between the Villages of Dryden and F'reeville, and Page 25 of 28 TB l 1 -1 I -04 Whereas such a trail would be an extension of the existing Jim Schug Trail and would provide an alternative transportation route between the two villages, and Whereas the Town desires to investigate the feasibility of this trail and develop a preliminary design in cooperation with the Villages of Dryden and Freevillf and the private landowners along the proposed route, and Whereas New York State Department of Transportation's procedures for Locally Administered Federal Aid Projects requires preparation of preliminary design by a licensed Engineer or Landscape Architect, and Whereas the Town also tuids that the assistance of an experienced Trails Consultant is likely to ensure a better and more successful project, and may provide support for future trail projects, and Whereas the Town received Statements of Qualifications from five firms on New York State DOT s Locally Driven Selection Arrangement list, and Whereas a selection committee made up of the Town Supervisor - Steven Trumbull, Town Councilman - Michael Ilattery, Highway Superintendent: - Jack Bush, and Environmental Planner - Debbie Gross, reviewed the qualifications and selected three teams for interviews, and Whereas Federal Procedures require that selection of an Engineering J L.A. consultant be based on qualifications and not on proposed cost, and Whereas the selection committee found the firms of Barton and Loguidice and Northeast Greenways to he qualified based on the following: • Northeast Greenways specializes in trail planning and development and fundraising for trail projects; • Barton Fuld Loguidice has extensive experience working with New York State Department. of Transportation in Transportation Enhancements projects; • Both firms provided creative and insightful suggestions and demonstrated a good understanding of the technical challenges and landowner concerns along the proposed trail route. Now, therefore, be it resolved that: The Town Board selects l3arton & Loguidice and Northeast Greenways to develop the preliminary design for the proposed trail between the Villages of Dryden and Freeville; and The Town Board will follow the NYSDOT procedures for Locally Administered Federal Aid Projects in negotiating a detailed scope of work and fees «pith► the selected team; and The contract %will be subject to approval of the Town Attorney. 211'i Cl Hattery Poll Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Abstain Cl I•lattery Yes Page 26 of 28 T13 1 1 -1 1 -04 0 DISCUSSION B Hollenbeck explained that the person who currently cleans the Towri Hall was no longer able to do it, and they had a received an application from of 16 year old who has working papers and transportation. The board was concerned about safety and supervision and asked the Clerk to obtain quotes from a cleaning service. RESOLUTION # 178 - APPROVE ABSTRACT # 111 Cl Michaels offered the following resolution and asked for its adoption: RESOLVE D, that this 'Gown Board hereby approves Abstract #1 11, as audited, vouchers # 1003 through 1.134, totaling $201 ,802.85. 2114' Cl Stelick ]loll. Call Vote Cl Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes Cl Michaels said there is a serious concern with the Etna Fire Department. He said that he thinks this is indicative of what: the Town will be facing with all its fire departments. All of them are facing an issue with volunteerism dropping off and in Etna's case it is affecting their response time and their ability to respond when they are called. There is a mutual aid agreement in place now and Freeville or Varna are being toned out at the same tame Etna is. The amount paid to them under the contract is to fund an on -going purchasing system for a large amount of equipment and Cl Michaels said that lie doesn't see that buying equipment or continuing to fund a contract for a department that is not able to respond to calls is a good use of Town resources. There is still a group of dedicated people working in Etna, but C1 Michaels said the Town needs to review how to best use the resources, whether by encouraging them to work with one of the other departments or some other means. He said the Town has budgeted for the full amount and they can always fund thern fully if they are able to demonstrate that they can provide the contracted services, but: said the Town needs to start getting creative as to how best use those resources. He is concerned about That the Town will do when the number of volunteers declines. Cl Michaels asked that the Board hold off on the Etna contract until some of this can be resolved, and it is one of the things that a consultant: should be asked to look at first. Cl Stelick said he and Cl Michaels should set up a meeting with members of the Etna Fire Department and try and work out a long term solution. The Board approved the fire contracts, excepting Etna, for the budgeted amounts. RESOLUTION #179 - APPROVE FIRE CONTRACTS Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor, subject to approval by the `town Attorney, to execute the fire contracts with WB Strong Fire Company of Freeville, inc., Neptune Hose Company No. 1 of Dryden, inc., Varna Volunteer Fire Department, and Brooktondale Fire Department, for the budgeted amounts. 2,1a Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes 11age 27 of 28 7`13 1 I - l 1 -04 Cl Michaels Yes Cl Hattery Yes Atty Perkins said he had been told by the Supervisor that currently Neptune Hose Company and Dryden Ambulance are getting their diesel fuel .from Mix Brothers, but apparently Agway is going to stop servicing that: account and there is some question about whether they would be able to continue. They have approached the Town to inquire about an agreement with the Town and using the Town's supply and some type of key card system that could be billed to there. Atty Perkins will draft an agreement:. 'fhe Town has be Policy in place and have Christofferson will bring need to review the entire that. °n notified by Dailey Insura been provided with a draft. it to the FIuman Resources handbook and the need to nce that: we Atty Perkin Committee. see how the should have a Harassment s will review that and Cl The board also discussed the Harassment: Policy lit into With respect to the Beam Hill tower generator, the board agrees that it should happen this year, and is waiting for Ron Flynn to deliver quotes for that work. Mayor of the Village of Dryden, Reba Taylor, will be meeting with Senator Seward on November 16, and would like a member of the Town Board to be there also to discuss the Cortland Road Sewer District and Village sewer system up,,rades and the possibility of financial assistance for that project. Cl Stelick and Cl Hattery will attend. Cl Hattery said that he and C1 Michaels would like to propose Russ Beck to rill one of the vacancies on the Planning Board. 0 RESOLUTION #180 - APPOINT RUSSELL BECK TO PLANNING BOARD Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town hoard hereby appoints Russell Beck to serve on the Planning Board to fill a vacancy with a term to expire December 3.1, 2005. 2nd Cl Michaels Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Cl Michaels Yes Cl Hattery Yes Cl Michaels noted there is still one vacancy on the Planning Board and one on the Zoning Board of Appeals. On motion made, seconded and unanimously carried, the board moved into executive session at 9:30 p.m. to discuss existing litigation and the potential purchase of property where public disclosure would substantially affect the value thereof. No action was taken and the board adjourned at 10:20 p.m. Res ectfully submitted. atnbi L. Hollenbeck Town Clerk 11age 28 of 28 Town cf nryden Torn Board Meeting November, 2004 I 1 Name - {Please Print} Address