HomeMy WebLinkAbout2021-05-13TB 5-13-21
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TOWN OF DRYDEN
TOWN BOARD MEETING
May 13, 2021
Via Zoom
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Cl Loren Sparling, Cl Leonardo Vargas-Mendez
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Amanda Anderson, Bookkeeper
Ray Burger, Planning Director
Cassie Byrnes, Secretary to the Supervisor
Supv Leifer called the meeting to order at 6:00 p.m.
Financials & Human Resources
RESOLUTION #103 (2021) – APPROVE ABSTRACT #5
Cl Skaley offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #5, as audited, general
vouchers #313 through #415 ($480,339.72) and TA vouchers #19 through #22 ($4,447.29),
totaling $484,787.01.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Vargas-Mendez Yes
Cl Lamb Yes
Supv Leifer Yes
New funds need to be established in our accounting system for capital projects. Fund
balance will be moved from the consolidated water and sewer districts. Provisions were made
in the budget process for the broadband and bank stabilization projects and budget
modifications are necessary for those.
Resolution #104 (2021) - Authorizing Moving SS-8 Fund Balance to
Sewer Capital Project (HD)
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Town has started paying for initial costs of the Sewer project. These costs
need to be tracked separately from regular expenses of the sewer fund.
Whereas, per the discussion at the March 18, 2021 Board meeting, it was suggested
that $624,000 of combined sewer fund balance be allocated for the sewer project, leaving
approximating $224,489 of fund balance in the combined sewer fund.
Therefore, be it resolved that the Town Board directs the Bookkeeper to transfer
$624,000 of combined sewer (SS8) fund balance to the Sewer Capital Project (HD).
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2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Vargas-Mendez Yes
Cl Lamb Yes
Supv Leifer Yes
Resolution #105 (2021) Authorizing Moving SW-8 Fund Balance to
Water Capital Project (HE)
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Town has started paying for initial costs of the Water project. These costs
need to be tracked separately from regular expenses of the water fund.
Whereas, per the discussion at the March 18, 2021 Board meeting, it was suggested
that $1,090,000 of combined water fund balance be allocated for the water project, leaving
approximating $183,931 of fund balance in the combined water fund.
Therefore, be it resolved that the Town Board directs the Bookkeeper to transfer
$1,090,000 of combined water (SW8) fund balance to the Water Capital Project (HE).
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Vargas-Mendez Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #106 (2021) – APPROVE BUDGET MODIFICATION
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modifications
to fund the broadband and bank stabilization projects:
From To
A1990.44 Broadband Expenses HG8997.4 Broadband Capital Expense 112,000.00
DA5410.410 Bank Stabilization Grant HF8745.4 Erosion Control - Bank Stabilization 25,000.00
2nd Cl Vargas-Mendez
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Vargas-Mendez Yes
Cl Lamb Yes
Supv Leifer Yes
Highway/DPW Department
Rick Young reported that BridgeNY grant applications have been submitted for the Mill
Street bridge in the Village of Dryden and the Genung Road bridge and they are waiting for
results. These were chosen on the advice of the County Highway Manager. Because they are
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both in high need of repair, the chances may be greater for receiving funding. He has been
advised there will be no cost to the town and recommends getting that in writing.
R Young has met with Bernie Cornelius who is willing to give the town a portion of his
property out back of the town hall and town barns in exchange for access to the remainder of
his property, perhaps via the end of Neptune Drive. R Young is looking into some history and
details and will report any progress to the board.
DISCUSSION/ACTION ITEMS
Ithaca Area Wastewater Treatment Plant
R Burger said the proposed resolutions lay out a lot of the history and the Ithaca Voice
article provides some sensational details. In March there was an incident at the plant where
they had an over pressurization of the primary digester that resulted in raising a cement lid off
the digester about 18”. There were 2” stainless steel bolts sheared off and cement was cracked
by the force. They are now functioning with a secondary digester and an emergency repair of
1.65 million dollars is proposed. They want to do this while there is a contractor on site and
have a timely repair. The equipment being used cannot handle the workload for very long.
There is a loss of revenue stream in that the plant can’t take in the food waste from around
the county.
Another failure of equipment at the plant took place. There are four aerators that feed
air into the slurry tanks, with two required at all times. Two have failed and they are now
using the decades old equipment and there is no redundancy, so this is an emergency repair in
order to function as designed.
The town must act on these two matters because it is a 2% owner of plant. No
permissive referendum is needed because it is a repair and no permissive referendum is
necessary. Dryden’s share for the blower repair is $6,000 and $33,000 for the digester repairs.
CJ Kilgore of the IAWWTF said action by Dryden is the last thing needed to move
forward. They are currently still able to meet permit requirements, but if there is another
problem, it could cause them to not meet the permit.
RESOLUTION #107 (2021) - Approve Emergency Repairs for Ithaca Area
Wastewater Treatment Facility Activated Sludge Blowers
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is owned and operated
by the Town of Ithaca, City of Ithaca, and Town of Dryden (“Municipal Owners”), and the
activated sludge process is a secondary treatment component at the IAWWTF, and
WHEREAS, biological growth in the activated sludge tanks is maintained through aeration,
the process of mixing compressed air (oxygen) with settled wastewater in the process tanks
to sustain biological treatment, and
WHEREAS, the IAWWTF has two (2) Turblex and two (2) Hoffman industrial grade blower(s)
to provide compressed air to treatment processes, and
WHEREAS, both of the Turblex blowers suffered catastrophic bearing and impeller failures
in December 2020, and March 2021, respectively, eliminating system redundancy, and
WHEREAS, a recent failure analysis, diagnostic and service report provided by BCV
Systems substantiated these catastrophic failures, and
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WHEREAS, in accordance with State standards, the facility cannot operate as designed
without having a redundant means for aeration, and
WHEREAS, IAWWTF engineering consultants MRB Group, Engineering, Architecture &
Surveying, D.P.C. (“MRB Group”) evaluated blower repairs and replacements and evaluated
three vendors as options for recommended blower replacements, and in its April 23, 2021
draft report MRB Group recommended blower replacements, with an estimated average
project cost of $328,800, and
WHEREAS, in comment 4 of the report, MRB Group notes that the need for repair or
replacement is “urgent” and states that with only two functioning blowers, IAWWTF has
many operational concerns which constitute an “emergency,” including a lack of process
redundancy and an inability to fine tune aeration rates; these alone can lead to undesirable
operational conditions causing excessive biological growth leading to potential SPDES
permit exceedances and improperly treated wastewater, and
WHEREAS, after receipt of additional information and further evaluation, in an email dated
May 10, 2021, MRB Group now recommends blower repairs (instead of replacements) as the
best and most cost efficient strategy, with a factory rebuild of the two (2) Turblex blowers,
along with associated programming and mechanical modifications, and
WHEREAS, MRB Group prepared a Cost Estimate for Ithaca Blower Rebuild last updated
on May 11, 2021 (“Cost Estimate”) with a total repair cost of $237,970, which cost is
reduced to $230,570 once the $7,400 allocated to warranty is removed (because the
warranty is included in a separate proposed Service Agreement); the Cost Estimate is
based on proposals by Howden Roots LLC (“Howden”) for in-factory evaluation, parts, and
start-up support, a BCV Systems proposal for additional parts (Howden will provide these
parts as well), estimated controls integration by LECTRE Development, Inc., estimated
MRB Group engineering costs, and estimates of labor and associated costs for blower
removal and installation by MA Bongiovanni, Inc. and Matco Electric Corporation, and
WHEREAS, Howden Roots LLC has also proposed a three-year Service Agreement in the
amount of $67,400 that includes a three-year warranty on Howden’s blowers components
repairs and three years of maintenance on the rebuilt Turblex blowers; the IAWWTF’s current
annual expenditure of $17,000-$20,000/year on Turblex blowers maintenance by BCV
Systems would cease if the Municipal Owners enter into the three-year Service Agreement
with Howden Roots LLC, and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”)
and its implementing regulations at 6 NYCRR Part 617, it has been determined by the
Dryden Town Board that approval of the project is a Type II action because it constitutes
“maintenance or repair involving no substantial changes in an existing structure or facility,”
and thus approval of the project is not subject to review under SEQRA, now, therefore be it
RESOLVED, for the reasons stated above, and pursuant to the provisions of New York
General Municipal Law §103(4), the Dryden Town Board finds and determines that a public
emergency exists at the IAWWTF arising out of an unforeseen occurrence or condition
whereby circumstances affecting the life, health, safety or property of the IAWWTF and the
Town of Dryden and other municipalities bordering the southern end of Cayuga Lake require
immediate action which cannot await competitive bidding, and be it further
RESOLVED, that the DRYDEN Town Board approves (1) the rebuild of the two (2) Turblex
blowers as described in the Cost Estimate and its attached documents, for a cost, including
contingencies, not to exceed the sum total of Two Hundred Thirty Thousand Five Hundred
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Seventy Dollars and No Cents ($230,570.00), and (2) the three-year Service Agreement with
Howden Roots LLC in the amount of Sixty-Seven Thousand Four Hundred Dollars and No
Cents ($67,400.00), and authorizes the Town Supervisor to execute contracts or contract
amendments with Howden Roots LLC, LECTRE Development, Inc., MRB Group, Engineering,
Architecture & Surveying, D.P.C., MA Bongiovanni, Inc. and Matco Electric Corporation for
such project, subject to the approval of the Attorney for the Town, and be it further
RESOLVED, that funds necessary for said repairs to blowers be derived from the following
sources as determined by the Ithaca City Controller: operating funds, Fund balance, serial
bonds issued by the City of Ithaca (the Town of Dryden would not co-issue or be liable on the
bonds and would reimburse the City of Ithaca through a contract), capital reserves, and
grants with the respective shares of the Municipal Owners’ costs allocated as required by the
Joint Sewer Agreement (revised December 31, 2003, and last amended February 20, 2019),
and be it further
RESOLVED, that the approvals and authorizations in this resolution are contingent on IAWWTF
co-owners City of Ithaca and Town of Ithaca approving and authorizing said blowers rebuild
and contracts.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Vargas-Mendez Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #108 (2021) - Approve Emergency Repairs for Ithaca Area
Wastewater Treatment Facility Digesters
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is owned and operated
by the Town of Ithaca, City of Ithaca, and Town of Dryden (“Municipal Owners”), and primary
and secondary sludge digestion is a vital process at the IAWWTF, and
WHEREAS, digestion is necessary in dewatering and stabilizing solids for disposal,
biogas production for heating and electrical generation, and in the receipt of trucked in
wastes, a revenue generating service, and
WHEREAS, on the night of March 11-12, 2021, a blockage caused by excessive debris in
the primary digester overflow line caused the liquid level in the tank to surge upwards and
lift the digester cover approximately 18 inches, breaking anchor bolts, mounts, and
concrete, and
WHEREAS, the immediate blockage was relieved by Drain Brain sewer service and the
excess liquid was drained, allowing the primary digester cover to settle back into place but it
is no longer anchored in place, and
WHEREAS, the digester will need extensive repairs to the cover, anchorage system, and sludge
piping and valves to remove further blockages and restore reliable digester operations, and
WHEREAS, in accordance with standards, the facility cannot operate as designed without
the primary digester in operation, and
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WHEREAS, the loss of sludge management and treatment provided by this facility presents
many concerns including, but not limited to, the inability to adequately maintain appropriate
sludge treatment standards, the potential inability to meet plant SPDES permit requirements,
the inability to adequately process sludge, increases in trucking, hauling, and disposal costs,
the inability to properly receive trucked in waste from regional sources that rely on the
IAWWTF for treatment, the potential loss of revenue, and increases in costly plant energy
consumption, and
WHEREAS, in a letter (last revised on May 12, 2021) by GHD Consulting Services Inc.
(“GHD”), which was hired to evaluate emergency repairs for the primary digester, the
opening narrative states that the issues with the primary digester and associated equipment
constitute an “emergency situation which requires immediate action” on the part of the
IAWWTF, and
WHEREAS, the letter identifies a number of actions that need to be addressed as part of
the emergency repair (the “project”), including removal of primary digester contents, repair
of the primary digester anchoring system, evaluation, cleaning, inspection and repairs of
the piping systems associated with both the primary and secondary digesters, along with
work on the supporting appurtenances as well as secondary digester cleaning, inspections
and repairs, and
WHEREAS, in a separate May 12, 2021 letter, GHD provided an Opinion of Probable Costs for
the project of $1,500,000, plus a 10% contingency, with a Total Opinion of Costs of $1,650,000,
and
WHEREAS, at its April 28, 2021 special meeting, the IAWWTF’s Special Joint Committee
(“SJC”) adopted a resolution recommending to its municipal boards that they approve said
project not to exceed the sum total of $1,650,000, which total GHD had provided to the SJC
as a preliminary estimate (and subsequently confirmed in its May 12, 2021 letter), and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”)
and its implementing regulations at 6 NYCRR Part 617, it has been determined by the
Dryden Town Board that approval of the project is a Type II action because it constitutes
“maintenance or repair involving no substantial changes in an existing structure or facility,”
and thus approval of the project is not subject to review under SEQRA, now, therefore be it
RESOLVED, for the reasons stated above, and pursuant to the provisions of New York
General Municipal Law §103(4), the Dryden Town Board finds and determines that a public
emergency exists at the IAWWTF arising out of an unforeseen occurrence or condition
whereby circumstances affecting the life, health, safety or property of the IAWWTF and the
Town of Dryden and other municipalities bordering the southern end of Cayuga Lake require
immediate action which cannot await competitive bidding, and be it further
RESOLVED, that the Dryden Town Board approves the emergency digesters repairs project, as
described in GHD’s two May 12, 2021 letters, for a cost, including contingencies, not to
exceed the sum total of One Million Six Hundred Fifty Thousand Dollars and No Cents
($1,650,000.00), and authorizes the Town Supervisor to execute contracts or contract
amendments with MA Bongiovanni, Inc. and GHD Consulting Services Inc. for such project,
subject to the approval of the Attorney for the Town, and be it further
RESOLVED, that funds necessary for said project shall be derived from the following sources
as determined by the Ithaca City Controller: insurance recovery, serial bonds issued by the
City of Ithaca (the Town of Dryden would not co-issue or be liable on the bonds and would
reimburse the City of Ithaca through a contract), and grants, with the respective shares of the
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Municipal Owners’ costs allocated as required by the Joint Sewer Agreement (revised
December 31, 2003, and last amended February 20, 2019), and be it further
RESOLVED, that the approvals and authorizations in this resolution are contingent on
IAWWTF co-owners City of Ithaca and Town of Ithaca approving and authorizing said project
and contracts.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING
CORTLAND ROAD SEWER DISTRICT
SEWER RATE INCREASE
Supv Leifer opened the public hearing at 6:30 p.m. and explained that this action is
needed in order to pass the Village’s billing increase to district customers.
There were no comments from the public or the board and the hearing was left open at
6:31 p.m.
American Recovery Plan Guidance – Cl Lamb said it is what was expected and he
believes the town can draw down all its money this year instead of next. This is an interim rule
and the final rule is not expected to be much different. It can be used to cover covid related
expenses and loss in revenue or be used to invest in broadband, water or sewer. He expects
the path for broadband funding will remain the same priority. ARP funds can be used as a
match for the $500,000 pending grant from Appalachian Regional Funding.
The town expects to receive about 1.65 million dollars. Some of that will be shared with
the Village of Freeville and Village of Dryden, based on population. There will be no 2021
census data available until August, so there’s a question about when to determine the exact
amount.
When the infrastructure bill is passed, the town will aggressively go after broadband
funding.
Congressionally Directed Spending – There are earmarks available in the Senate and
the town will put in a request with Senator Schumer. They are looking to 1% of discretionary
spending toward earmarks. It looks like about each senator will have 10-15 million dollars to
allocate. Cl Lamb proposes to submit an application for the Route 13 pedestrian bridge over
Route 13 to fill the $600,000 funding gap. Consensus is to go after this funding.
The RTTF has been unable to obtain easements from one Hall Road property and the
Brown Dog property. The property owners have been unresponsive and NYS DOT is
recommending that the town allow them to go ahead with site acquisition for those two
properties in order to use the rail bed.
Supv Leifer closed the public hearing on the Cortland Road Sewer District rate increase
at 6:52 p.m.
RESOLUTION #109 – APPROVE RATE INCREASE FOR
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CORTLAND ROAD SEWER DISTRICT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves a rate increase for users in the
Cortland Road Sewer District, adopts the following local law and directs that the Town Clerk
file the same with the Secretary of State.
“Be it enacted by the Town Board of the Town of Dryden:
1. Section 6(b) of Local Law No. 2 of the year 2004 as amended by Local Law No. 2 of the
year 2007, and Local Law No. 3 of the year 2008, and Local Law No. 5 of 2017, is hereby
further amended by substituting for the table of amount of water usage and rate set forth
in such section, the following table:
SEWER RATES RATE
First 1250 gallons (minimum) 79.41
Next 13750 gallons (per thousand) 6.22
Next 25000 gallons (per thousand) 9.00
Next 20000 gallons (per thousand) 9.66
Next 40000 gallons (per thousand) 10.34
Next 100000 gallons (per thousand) 11.00
Next ALL gallons (per thousand) 11.00
2. This local law shall take effect upon filing with the Secretary of State and for all billing
periods which begin on or after April 15, 2021.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Varna Water/Sewer – There will be a 202-b hearing next week. The Department of
Health has approved the revisions on the engineering report on the water portion. Municipal
Solutions can now prepare for bond anticipation notes for the water. They are not anticipating
drawing any money from the Drinking Water State Revolving fund. There is a hardship grant
application pending. We should hear from the CDBG grant application in the next few days
and will know whether we were funded. If not, we will have to go for more bonding. There is
another round for applications in July for funding in the Fall, but that does not help with the
schedule for DOT. We need to initiate the project by summer to get work accomplished in
conjunction with DOT schedule.
Some adjustments to the engineering report are being made and those calculations
should be completed by the end of the week. The 202-b resolutions next week will allow us to
apply for a short-term loan from the EFC on the sewer portion.
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Newsletter – Special thanks to Cassie Byrnes for her work on the newsletter. We are
currently up to 105 subscribers and it goes out through various news groups, so a lot of people
are seeing it.
Recreation Department – Written report attached.
City Harbor Easement – This is actually an easement to the City of Ithaca to put a
waterline on the property of the wastewater treatment facility. It is tied to the City Harbor
project and they are paying for it, but it is to help make a loop system for the city water supply.
TOWN OF DRYDEN RESOLUTION NO. 110- 2021- APPROVE THE FOLLOWING
AGREEMENTS: (A) AMENDMENT TO EASEMENT FOR OUTFALL PIPE FACILITIES, (B)
AGREEMENT FOR ACCESS TO AND USE OF EFFLUENT AND ACCESS AGREEMENT, (C)
EASEMENT TERMINATION AND RELOCATION AGREEMENT, AND (D) PROXIMITY
DISCLOSURE AGREEMENT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, City Harbor, LLC, a New York limited liability company (“City Harbor”) is the owner
of certain real property located at 101 Pier Road in the City of Ithaca, County of Tompkins, State
of New York, designated as Tax Map Parcel Number 17.-1-1.3 (the “City Harbor Property”); and
WHEREAS, The Guthrie Clinic, a Pennsylvania non-profit corporation (“Guthrie” and, together
with City Harbor, “Developers”), is the owner of certain real property located at 101 Pier Road in
the City of Ithaca, County of Tompkins, State of New York, designated as Tax Map Parcel Number
17.-1-1.2 (the “Guthrie Property”); and
WHEREAS, the City of Ithaca, Town of Ithaca, and Town of Dryden (the “Municipalities”)
collectively own and operate the Ithaca Area Wastewater Treatment Facility located at 525 Third
Street in the City of Ithaca, County of Tompkins, State of New York (the “Facility”); and
WHEREAS, the Developers have met multiple times with the Special Joint Committee (the “SJC”)
of the Facility and its designated representatives to discuss plans for development of the City
Harbor Property and the Guthrie Property which involve multiple agreements with the
Municipalities, and
WHEREAS, on August 21, 2019, the SJC adopted a resolution recommending the Municipalities
enter into an agreement with City Harbor allowing its use of Facility effluent to heat and cool a
development on City Harbor Property, pursuant to specified terms and conditions, and such
effluent is also proposed to be used to heat and cool a development on Guthrie Property; and
WHEREAS, in relation with the developments on the City Harbor Property and Guthrie Property,
on June 17, 2020, the SJC adopted a resolution recommending the Municipalities release a
sewer easement, abandon in place an unused 30” outfall, and enter into a replacement easement
with Developers; and
WHEREAS, representatives of the SJC and staff have negotiated the following four agreements
with Developers: (A) Amendment to Easement for Outfall Pipe Facilities, (B) Agreement for
Access To and Use of Effluent and Access Agreement, (C) Easement Termination and Relocation
Agreement, and (D) Proximity Disclosure Agreement; and
WHEREAS, on May 26, 2020, the City Planning and Development Board, acting as Lead Agency
in a coordinated environmental review of the Type I City Harbor and Guthrie developments,
determined that the proposed City Harbor and Guthrie developments, and related actions
encompassing the four agreements, will result in no significant adverse impacts on the
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environment, and the City Planning and Development Board issued a negative declaration of
environmental significance for purposes of Article 8 of the Environmental Conservation Law and
6 NYCRR Part 617 New York State Environmental Quality Review; and
WHEREAS, on December 16, 2020, the SJC approved a resolution recommending approval of
the four agreements, contingent on all Municipalities approving each agreement and on all such
approvals becoming effective, and the SJC further recommended that the effective date of all
four agreements occur simultaneously; and
(A) AMENDMENT TO EASEMENT FOR OUTFALL PIPE FACILITIES
WHEREAS, the Facility discharges treated sewage effluent (the “Effluent”) into Cayuga Lake by
way of an outfall pipe owned by Municipalities (the “Discharge Pipe”) that runs through the City
Harbor Property pursuant to an easement granted to the City of Ithaca (as Agent-Municipality,
acting on behalf of itself, the Town of Ithaca, and the Town of Dryden, as tenants in common);
and
WHEREAS, the Developers and Municipalities wish to amend this easement to establish and
confirm the rights of City Harbor to construct and maintain within the easement parcel certain
facilities and improvements necessary for the development and use of the City Harbor Property
and the Guthrie Property (the “Amendment to Easement for Outfall Pipe Facilities”); and
(B) AGREEMENT FOR ACCESS TO AND USE OF EFFLUENT AND ACCESS AGREEMENT
WHEREAS, Developers intend to access and utilize the Effluent flowing through the Discharge
Pipe in order to provide for the heating and cooling of improvements to be constructed upon the
City Harbor Property and Guthrie Property, pursuant to a certain Agreement for Access To and
Use of Effluent and Access Agreement by and among City Harbor, Guthrie, and Municipalities
(the “Effluent Use Agreement”); and
(C) EASEMENT TERMINATION AND RELOCATION AGREEMENT
WHEREAS, as authorized in the Municipalities’ 1984 Joint Sewer Agreement, the City holds for
the benefit of the three municipal owners of the Facility rights to (1) a 10-foot wide sewer
easement, and (2) a 30” outfall pipe (30” Outfall) located therein that served the old City
wastewater treatment plant and has not been used since the Facility began operations, (“Sewer
Easement”); and
WHEREAS, City Harbor and Guthrie, property owners of the respective tax map parcels 17.-1-
1.3 and 17-1-1.2 on which the Sewer Easement is located, have requested that the Municipalities
release rights to the Sewer Easement and 30” Outfall; and
WHEREAS, City Harbor has offered to convey to the Municipalities a 20-foot wide replacement
easement to run between Cascadilla Creek and the City property line along Pier Road (the
“Replacement Easement”); and
WHEREAS, City of Ithaca and Town of Ithaca staff recognize the release of rights to the Sewer
Easement and 30” Outfall and acceptance of the Replacement Easement offered by the Property
Owners would not be detrimental to the Municipalities; and
WHEREAS, in consideration for, and to cover the expenses of, the release of its rights to
the Sewer Easement and 30” Outfall, the Developers have agreed to pay the City of Ithaca
$2,500, and
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WHEREAS, the Municipalities must undertake individual processes to authorize divestment of
real property, which are subject to permissive referendum; and
(D) PROXIMITY DISCLOSURE AGREEMENT
WHEREAS, in connection with and as consideration for the execution of the Effluent Use
Agreement and Easement Termination and Relocation Agreement among Developers and
Municipalities that will allow improvements to be built on Developers’ properties, Municipalities
have requested from Developers, and Developers have agreed to provide to Municipalities, a
commitment to disclose their respective Property’s proximity to the Facility to each purchaser
of or tenant leasing space within, upon, or for maritime docking adjacent to their Property;
now therefore be it
RESOLVED, that subject to the approval of the Attorney for the Town, and subject to a
permissive referendum as permitted by law for the approval of the Easement Termination and
Relocation Agreement, that the Town Board of the Town of Dryden approves the following
agreements and authorizes their execution by the Town Supervisor: (A) Amendment to
Easement for Outfall Pipe Facilities, (B) Agreement for Access To and Use of Effluent and Access
Agreement, (C) Easement Termination and Relocation Agreement, and (D) Proximity Disclosure
Agreement, contingent on all Municipalities approving each agreement and on all such
approvals becoming effective; and be it further
RESOLVED, that the four agreements shall be finalized so that the effective date of the: (A)
Amendment to Easement for Outfall Pipe Facilities, (B) Agreement for Access To and Use of
Effluent and Access Agreement, (C) Easement Termination and Relocation Agreement, and (D)
Proximity Disclosure Agreement occur simultaneously; and be it further
RESOLVED, that pursuant to Town Law section 64(6) the Supervisor is authorized and
requested to sign and deliver this resolution as the act of the Town of Dryden.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Re-opening In-person Public Meetings – Supv Leifer said with the Governor’s
announcement on new distancing and mask recommendations for people who are vaccinated,
we will plan to meet in person beginning with the June 13 meeting. Unvaccinated people
would have to wear a mask. Asking for proof of vaccination is permitted. The executive order
allowing for virtual meetings for public bodies expires June 9. The town may provide a hybrid
option or live-stream future meetings. Court security will be able to provide crowd control for
Town Board meetings.
Youth Services Board
Cl Vargas-Mendez has agreed to serve as the town’s representative on the Tompkins
County Youth Services Board.
RESOLUTION #111 – APPROVE APPOINTMENT TO TOMPKINS COUNTY
YOUTH SERVICES BOARD
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RESOLVED, that this Town Board approves and recommends the appointment of
Leonardo Vargas-Mendez to the Tompkins County Youth Services Board.
2nd Supv Leifer
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Rail Trail – Game Farm property – Cl Lamb reported that the requests for work on the
trestles and resurfacing have been approved by DEC.
Freese Road Bridge – Cl Lamb reported that the feds were requiring Groton to take the
bridge and all the historical elements of it. That turned out to be more than they can handle.
The substructure and sub-beams are considered historic and SHPO and Federal Highway want
it to remain intact. Groton was thinking they would get the trusses and maybe some other
portions that would make for a nice display, and never anticipated having to take the whole
thing. A company in Indiana, CLR Construction, that rehabs bridges like this has offered to
purchase it (for $1.00) and we pay cost of moving it ($25,000 paid from the grant). Groton will
take the Red Mill Road Bridge. Our consultants will be in touch with DOT and get back to the
town with next steps.
Borger Station – The annual report Borger agreed to give us is due and they are ready
to present that at a meeting. No work has been started on the project yet, but the benefit
would be staying in touch with the community. There would be information on the amount of
product moving through the station. They will be asked to come to the June 17 meeting.
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 7:40 p.m.
Respectfully submitted.
Bambi L. Avery
Town Clerk
Town of Dryden Recreation Department
April 2021
Lacrosse:
• Lacrosse started April 6th. 41 participants.
• ULA will start in June. Registration is open.
• Photos have been scheduled for May 13th.
Summer Camps:
• Dryden Community Summer Camp is full for all four weeks. There is a waiting list for each
session.
• United Way Grant completed for camp funds.
• CPR certifications for Camp Director and Assistant Director have been scheduled through the
Ithaca YMCA.
• Interviews for camp staff will begin at the end of May.
• Planning for a Soccer, Football, Cheer, and Archery Camps are underway.
Summer Music Series:
• Performers for Music on the Hill (Dryden VFW) is complete for the summer.
• Ellis Hollow has booked a band for their annual Ellis Hollow Chicken Barbeque on June 12th.
Safe Sitter Course:
• We will be offering a new program, Safe Sitter Babysitting Course.
• The department is having a recent SUNY Cortland graduate certified through the Safe Sitter
program.
• Classes will be offered for young teens ages 11-15. Classes will be held on a Saturday and run for
four hours.
• To start we will open registration for two Saturdays. If there is a demand, we will offer more
classes.
• We have applied for the Focus On Community Understanding Service grant to cover the costs of
teacher certification.
Fall 2021:
We are planning for our Youth Fall Sports, in hopes we will be able to offer them.
*Cells phone numbers for the Recreation Department:
Marty: 607-793-0018
Andrew: 607-793-0005