Minutes of January 18, 2008

TOWN OF DRYDEN

SPECIAL TOWN BOARD MEETING

JANUARY 18, 2008

Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Jr., Cl Joseph Solomon, Cl Jason Leifer

Elected Officials: Bambi L. Hollenbeck, Town Clerk

Other Town Staff: Andrew Sciarabba, TG Miller Engineers

Supv Sumner opened the meeting at 6:35 p.m. and board members and guests recited the pledge of allegiance.

PUBLIC HEARING

EXTENSION OF CORTLAND ROAD SEWER DISTRICT

Supv Sumner opened the public hearing at 6:37 p.m. and waived the reading of the public notice. There were no comments and the public hearing was left open.

The board has received and reviewed proposed agreements with Tompkins Cortland Community College and Tompkins Cortland Community College Foundation, Inc. with respect to flow monitoring manholes that were installed and the College’s financial responsibility for the same.

RESOLUTION #47 – APPROVE AGREEMENT WITH TOMPKINS CORTLAND

COMMUNITY COLLEGE – FLOW MONITORING STATIONS

Cl Stelick offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board approves an agreement with Tompkins Cortland Community College providing for payment to the Town, on behalf of the Cortland Road Sewer District of the College’s share of the expense of flow monitoring manholes and meters and necessary appurtenances.

2nd Cl Solomon

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

RESOLUTION #48 – APPROVE AGREEMENT WITH TOMPKINS CORTLAND

COMMUNITY COLLEGE FOUNDATION, INC. – FLOW MONITORING STATIONS

Cl Stelick offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board approves an agreement with Tompkins Cortland Community College Foundation, Inc. providing for payment to the Town, on behalf of the Cortland Road Sewer District of the College’s share of the expense of flow monitoring manholes and meters and necessary appurtenances.

2nd Cl Solomon

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

Supv Sumner explained that Chuck Bartosch of Clarity Connect has an opportunity to apply for a grant for collaboration between municipal organizations and private business, not-for-profits and educational organizations to provide wireless broadband service to all areas of the Town, increasing digital literacy, etc. He has asked whether the Town would like to collaborate and if so, he needs a letter of intent to collaborate. Supv Sumner said this is not a commitment of money or anything else, but to apply he needs a statement of intent to collaborate. The board agreed this would be good and authorized her to draft a letter.

Cl Stelick asked what TC3’s part in this might be, and Cl Sumner said C Bartosch has spoken with Carl Haynes about providing digital literacy classes. The Town could be involved in providing more e-gov services.

RESOLUTION #49 – AUTHORIZE LETTER OF INTENT – WIRELESS BROADBAND

Cl Leifer offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a letter of intent to collaborate in connection with Clarity Connect’s application for grant funds to provide wireless broadband.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

The board discussed the agreement with the Village of Dryden on behalf of the Cortland Road Sewer District. Cl Stelick noted that the Village is removing the moratorium on new connections in the district. The Village has indicated they will formally do this at their meeting on Tuesday, and Atty Perkins has suggested that a signed copy of the agreement not be delivered until that is done.

The board discussed whether disputes under the contract should be decided through arbitration or a simplified court procedure and decided arbitration would be sufficient.

RESOLUTION #50 – AUTHORIZE CONTRACT BETWEEN VILLAGE OF DRYDEN AND CORTLAND ROAD SEWER DISTRICT

Supv Sumner offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves a contract between the Cortland Road Sewer District and the Village of Dryden as presented with an arbitration clause.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

Supv Sumner thanked Cl Stelick for his efforts in negotiating this agreement.

Cl Stelick will contact Mayor Reba Taylor about lifting the moratorium in the district.

RESOLUTION #51 – HOLD AGREEMENT PENDING REMOVAL OF MORATORIUM

IN CORTLAND ROAD SEWER DISTRICT

Cl Leifer offered the following resolution and asked for its adoption:

RESOLVED, that the Town Supervisor will not send the signed agreement between the Town on behalf of the Cortland Road Sewer District and the Village of Dryden to the Village of Dryden until the Village has lifted the moratorium on new connections in the district.

2nd Cl Solomon

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

There being no comment from the comment or the board on the public hearing to extend the boundaries of the Cortland Road Sewer District, Supv Sumner closed the hearing at 6:51 p.m.

RESOLUTION #52 – RESOLUTION EXTENDING TOWN OF DRYDEN CORTLAND ROAD SEWER DISTRICT

Cl Stelick offered the following resolution and asked for its adoption:

WHEREAS, a meeting of the Town Board of the Town of Dryden, Tompkins County, New York (the “Town”) was held on January 5, 2008 regarding a proposed extension of the Town of Dryden Cortland Road Sewer District (the “District”) pursuant to Article 12-A of the Town Law; and

WHEREAS, a map, plan and report relating to the extension to such District, prepared by T.G. Miller, P.C., competent engineers licensed by the State of New York, in the manner and detail required by the Town Board, has been filed with the Town Clerk in accordance with the requirements of Article 12-A of the Town Law; and

WHEREAS, on January 5, 2008, the Town Board adopted an Order reciting the filing of the map, plan and report, the boundaries of the proposed District, the fact that no improvements are proposed, the proposed method of financing, the cost of the District to the typical property, the fact that the map, plan and report are on file in the Town Clerk’s office for public inspection, and all other matters required by law to be stated; and

WHEREAS, the Order called a public hearing to be held on January 18, 2008 at 6:30 p.m. to hear all persons interested in this matter and to take action as required by law; and

WHEREAS, the Notice of Adoption of such Order was published and posted as required by law; and

WHEREAS, a public hearing on the matter was held by the Town Board on January 18, 2008, beginning at 6:30 p.m., and the matter was fully discussed and all interested persons were heard.

NOW, THEREFORE, the Town Board of the Town of Dryden hereby resolves and determines that:

1. The notice of hearing was published and posted as required by law, and is otherwise sufficient.

2. All the property and property owners within the proposed extension to the District are benefited thereby.

3. All the property and property owners benefited are included within the limits of the proposed extension of such District.

4. The establishment of the extension to the District is in the public interest.

IT IS FURTHER RESOLVED AND DETERMINED that the establishment of the extension to the District is hereby approved, all as more particularly described in the map, plan and report.

IT IS FURTHER RESOLVED AND DETERMINED that the extension to this District shall be known as the Town of Dryden Cortland Road Sewer District Extension No. 1 and shall be bounded and described as set forth on Exhibit A attached hereto.

IT IS FURTHER RESOLVED AND DETERMINED that the cost of the extension, including legal and engineering fees, and all other costs and expenses, shall be assessed by the Town Board in as close a proportion to the benefit to which each lot or parcel will derive from the improvement as is possible.

IT IS FURTHER RESOLVED AND DETERMINED that this resolution is subject to permissive referendum as provided in Town Law Section 209-e, in the manner provided in Article 7 of the Town Law.

EXHIBIT A

Beginning at the northeast corner of the Village of Dryden;

Thence, easterly about 1,270 feet along the extension of the Village of Dryden’s northerly line to the centerline of Livermore Road;

Thence, southerly about 540 feet along the centerline of Livermore Road to the southeast corner of Tax Parcel No. 37.-1-10.12;

Thence, westerly about 1,273 feet along the south line of Tax Parcel No. 37.-1-10.12 to the southwest corner of said parcel;

Thence, northerly about 494 feet along the westerly line of Tax Parcel No. 37.-1-10.12 to the point of beginning, and

Containing fifteen (15) acres more or less

2nd Cl Leifer

Roll Call Vote Cl Stelick Yes

Cl Solomon Yes

Supv Sumner Yes

Cl Leifer Yes

There being no further business, the meeting was adjourned at 6:53 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk