7. OLD BUSINESS a. Village Code Discussion re: Encumbering Sidewalks, Sidewalk Sales

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1 Village of Corinth 244 Main Street Corinth, NY Agenda for Reg Meeting May 16, 2012, 6:00 PM, 16 Saratoga Ave. 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. MOTION TO APPROVE MINUTES OF REG MTG MAY 2, SPECIFIC REQUESTS a. Rich Reuther, Jessup s Landing EMS b. Theresa Ayala, Monolith Solar c. Conifer LLC re: Adam Lawrence Apartments, Board support for funding request 5. CORRESPONDENCE a. 6. DEPARTMENT REPORTS a. Clerk-Treasurer b. Fire Dept c. DPW/Water / WWTP d. Building Inspector e. Attorney / Planning & Zoning Boards 7. OLD BUSINESS a. Village Code Discussion re: Encumbering Sidewalks, Sidewalk Sales 8. NEW BUSINESS a. Authorize Mayoral Signature on 2012/2013 Tax Warrant b. Authorize Mayoral Signature on TD Insurance renewals c. Authorize Mayoral Signature on Fiscal Advisors proposal to serve as advisors for bond projects d. Corporate Resolution naming Mayor & Clerk-Treasurer as signatories on TD Bank accounts e. Authorize Mayoral Signature on Water District Contracts f. Authorize Mayoral Signature on Contract Extension with Sheriff s Dept 1 yr. g. Discussion: Change in meeting time h. Discussion: Village Policies 9. PUBLIC COMMENTS, QUESTIONS & CONCERNS 10. BOARD COMMENTS, QUESTIONS & CONCERNS 11. EXECUTIVE SESSION (as needed) 12. ADJOURNMENT

2 REGULAR MEETING OF THE VILLAGE OF CORINTH May 16, 2012 RESOLUTION: Supporting the application of Snow Belt Housing Company, Inc. to the New York State Housing Trust Fund Corporation to obtain the funding assistance necessary to rehabilitate the Adam Lawrence Apartments through the Rural Area Revitalization Project Program (RARP). WHEREAS, Snow Belt Housing Company, Inc., partnering with Conifer Realty, LLC, will be submitting an application to the New York State Housing Trust Fund ( NYS HTF ) for the funding assistance necessary to rehabilitate the Adam Lawrence Apartments; and WHEREAS, Adam Lawrence Apartments will continue to be operated as housing for very low to moderate income individuals, WHEREAS, the Adam Lawrence Apartments complements the housing goals of the Village of Corinth. NOW, THEREFORE, be it RESOLVED, that the Village Board of the Village of Corinth hereby finds that it is in the best interest of the Village to support the preservation of affordable housing; and it is further RESOLVED, that the Village Board of the Village of Corinth does hereby support the funding application of Snow Belt Housing Company, Inc. to NYS HTF for the preservation of the Adam Lawrence Apartments and encourages NYS HTF to approve the funding assistance necessary to implement the proposed improvements; and it is further RESOLVED, that the above statements of support are based upon the facts presented to the Village and the assurance that Adam Lawrence Apartments will continue to be operated as affordable housing. MOVED: SECONDED: VOTE:

3 CLERK - TREASURER S REPORT My office has been preparing the tax rolls, water & sewer rolls in anticipation of mailing out bills June The Village has submitted a letter to USDA requesting that the RD funds appropriated for the filtration project be relinquished. Per the consensus of the Board, we will be pursuing hardship funding under the EFC program as well as exploring other grant opportunities. 3. We have had several requests for the school and Head Start children to hold activities at Pagenstecher Park before school lets out for the summer. If the Board wishes, they can approve the requests and ask the park attendants to cover the time as follows: Friday June 8 (1 st graders) 12:20 1:45; Thursday June 14 (Head Start) 9:15 1:00; and Friday June 15 (5 th graders) 11:00 1: The application for the ambulance service to bill Village claims to Medicare has been resubmitted with the help of the Town s billing service. The Town was unable to use the bank account they initially intended to use and opened a new bank account. We are still awaiting confirmation from Medicare that the application has been accepted. 5. I need a Motion to approve ABSTRACT #23 in the amount of: PAYROLL $ 26, GENERAL $ 124, WATER $ 4, SEWER $ 10, CAPITAL RES $ COMM DEV $ 1, INCREASE DECREASE AMOUNT DESCRIPTION A A $205 SIDEWALK EXPENSE A A $130 FIRE DEPT EQUIPMENT 6. Recent F.O.I.L. requests: none. REMINDERS: :00 PM Dam Rehab Bid Village Hall :00 PM Planning Village Hall VACATIONS/ABSENCES: days Bill Stewart days John Sherrange days Nicole days Don Stanton day Rich Denno days Gary Holmes days Mark Knapp day Shane Russell **Appropriations Ledgers as of 5/17/2012 attached**

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25 RESOLUTIONS. The Governmental Unit resolves that: (1) The Bank is designated to provide the Internet-based and other cash management services indicated in this Addendum. (2) This Addendum shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Bank. Any and all prior resolutions adopted by the Governmental Unit Officers of the Governmental Unit and certified to the Bank as governing the operation of this Governmental Unit s account(s), are in full force and effect, until the Bank receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Bank, establishing the authority for the changes. (3) The signature of an Agent on this Addendum is conclusive evidence of his/her authority to act on behalf of the Governmental Unit. Any Agent, so long as s/he acts in a representative capacity as agent of the Governmental Unit, is authorized to make any and all other contracts, agreements, stipulations and orders which s/he may deem advisable for the effective exercise of the powers indicated above, from time to time with the Bank, subject to any restrictions on this Addendum or otherwise agreed to in writing. (4) All Internet-based banking transactions, if any, by or on behalf of the Governmental Unit prior to the adoption of this Addendum are hereby ratified, approved and confirmed. (5) The Governmental Unit agrees to the terms and conditions of the Bank s Cash Management Master Agreement for Governmental Units, and authorizes any Agent named above to execute that Agreement and related Service Agreement(s) as identified herein and deliver the same to the Bank. The Governmental Unit authorizes the Bank, at any time, to charge the Governmental Unit for all checks, drafts, or other orders for the payment of money that are drawn on the Bank, so long as they contain the required signature for this purpose. (6) The Governmental Unit acknowledges and agrees that the Bank may rely on alternative signature and verification codes issued to or obtained from the Agents named on this Addendum. The term alternative signature and verification codes includes, but is not limited to, ID numbers and personal identification numbers (PIN) to be used by the Agents to access WebExpress. The Bank shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. EFFECT ON PREVIOUS RESOLUTIONS. To the extent applicable, this Addendum supersedes an Addendum dated N/A CERTIFICATION OF AUTHORITY. I further certify that the Governmental Unit Officers of the Governmental Unit have, and at the time of adoption of these resolutions had, the full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named above, who have the full power and lawful authority to exercise the same. IN WITNESS WHEREOF, I have subscribed my name to this document and affixed the seal of the Governmental Unit on (date). Attest by Other Officer Name: Title: Name: Clerk {W } 2

26 WATER SUPPLY AGREEMENT THIS IS A WATER SUPPLY AGREEMENT made as of June 1, 2012 between the VILLAGE OF CORINTH (the Village ), a municipal corporation having offices at 244 Main Street, Corinth, New York 12822, and the TOWN OF CORINTH (the Town ), a municipal corporation having offices at 600 Palmer Avenue, Corinth, NY Facts Upon Which This Agreement Is Based A. The Village is the owner of a municipal water system which is located in and serves the Village of Corinth. B. The Village has determined that its source of water supply and mains for distribution of water are adequate to supply water to the Village, and to allow for a surplus of water available to be sold to the Town. C. The Eastern Avenue Water District (the District ) is a duly constituted water district located in the Town of Corinth. D. The District has no adequate source of water supply. E. The Town wishes to purchase from the Village sufficient water to supply the present needs of the District for domestic uses and fire protection, and the Village wishes to sell such water to the Town. F. The Town has, at its cost and expense, installed the necessary pipes, valves and other fixtures or structures to carry water from the Village's water main to the District, and the facilities necessary to distribute water within the District. Agreement IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Sale of Water. The Village shall sell to the Town all water required by the District. The Town shall purchase such water upon the terms and conditions set forth in this Agreement. Said water shall be supplied at the existing connection between the Village s water main and the main of the District, at such gravity pressure naturally existing at the point of connection. 2. Maintenance of Infrastructure. The Village shall use reasonable care to maintain its water source, pumps, reservoirs, mains and other water supply facilities in good condition. The quality of the water to be supplied shall be the same as is supplied to residents of the Village of Corinth. The Village shall use reasonable care to protect the quality of the water and to keep same reasonably free from contamination and fit for human consumption.

27 3. No Liability. The Village shall not have any liability to the Town, District or residents or landowners thereof for any loss or damage caused by the failure or breakdown of the Village s water supply system, and the only obligation of the Village in case of a failure or breakdown of the Village s water supply system shall be to repair such failure or breakdown and resume water supply in reasonable time, at Village expense. 4. Statement of Connections. The Town shall provide to the Village, within ten days of the execution of this Agreement, a statement of the names of the property owners to which the District has made water connections, and the nature of the property owner's use (i.e., residential, or type and extent of business use). The Town shall provide to the Village a statement of all connections, disconnections or changes in use promptly after a request for such statement is made by the Village. 5. Term of Agreement. The term of this Agreement shall be one year beginning on June 1 of the year in which this Agreement is dated and ending May 31 of the following year. 6. No Enlargement of District. The Town shall not enlarge the boundaries of the District without the written consent of the Village. 7. Termination. If the Village should determine that the supply of water will be inadequate to allow a surplus of water for sale pursuant to this Agreement, then the Village may terminate this Agreement upon nine months written notice to the Town. The Town may terminate this Agreement at any time, upon three months written notice to the Village. Said notice shall be hand delivered or mailed, certified mail return receipt requested, addressed to the other party at its address set forth above. 8. Cost of Water; Payment. The Town shall make payments to the Village as follows: For each residential user and commercial user in the District, such annual sum as may be set from time to time for users outside the Village as established by the Village. Currently, said rates are as follows: User Annual Charge All users, per residential dwelling unit or business $ Restaurants, bars, taverns, car washes, physician s offices, dentists offices, grocery stores, convenience stores, barber shops, delicatessens, bakeries, pharmacies, florist shops, bed and breakfasts, disabled care homes, adult homes, day care centers, pre-schools and swimming pools $26.00 additional Laundromats, schools, hospitals, users of commercial dishwashers, users of dipping wells and industrial users $14.00 per water fixture additional

28 9. Payments. Water charges as set forth above shall be billed quarterly follows: Billing Date June 1 September 1 December 1 March 1 For the Quarter June, July and August September, October & November December, January and February March, April & May 10. Connection Fee. In addition to the fees set forth above, there shall be a charge by the Village to the Town for each new hookup to the water supply system in the amount of $2, Proration. Part year use charges shall be prorated, to the nearest quarter year. 12. Excavations. No excavation performed by the Town within the territory of the Village shall be left open for an unreasonable length of time, and any such excavation shall be properly guarded, lighted and protected to protect the safety of persons and vehicles using the Village streets and sidewalks. Any such excavations shall be properly filled, packed and paved with a sufficient layer of hot asphalt to the level of the adjoining street. All such excavations shall satisfy the reasonable requirements of the Village Commissioner of Public Works. 13. Records. The records of the District, and of the Town relating to District matters, shall be open for Inspection by officers and employees of the Village during regular business hours. 14. Water Meters. Each party shall have the right to install, at its cost and expense, a water meter for the purpose of determining the amount of water flowing through the main from the Village water system to the District Water system. THE UNDERSIGNED have executed this agreement as authorized by resolutions of the Village of Corinth Board of Trustees and the Town Board of the Town of Corinth. VILLAGE OF CORINTH By: Dennis Morreale, Mayor TOWN OF CORINTH # By: Richard Lucia, Supervisor

29 WATER SUPPLY AGREEMENT THIS IS A WATER SUPPLY AGREEMENT made as of June 1, 2012 between the VILLAGE OF CORINTH (the Village ), a municipal corporation having offices at 244 Main Street, Corinth, New York 12822, and the TOWN OF CORINTH (the Town ), a municipal corporation having offices at 600 Palmer Avenue, Corinth, NY Facts Upon Which This Agreement Is Based A. The Village is the owner of a municipal water system which is located in and serves the Village of Corinth. B. The Village has determined that its source of water supply and mains for distribution of water are adequate to supply water to the Village, and to allow for a surplus of water available to be sold to the Town. C. The Corinth Homes Water District, also known as Dorset Drive Water District (the District ) is a duly constituted water district located in the Town of Corinth. D. The District has no adequate source of water supply. E. The Town wishes to purchase from the Village sufficient water to supply the present needs of the District for domestic uses and fire protection, and the Village wishes to sell such water to the Town. F. The Town has, at its cost and expense, installed the necessary pipes, valves and other fixtures or structures to carry water from the Village's water main to the District, and the facilities necessary to distribute water within the District. Agreement IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Sale of Water. The Village shall sell to the Town all water required by the District. The Town shall purchase such water upon the terms and conditions set forth in this Agreement. Said water shall be supplied at the existing connection between the Village s water main and the main of the District, at such gravity pressure naturally existing at the point of connection. 2. Maintenance of Infrastructure. The Village shall use reasonable care to maintain its water source, pumps, reservoirs, mains and other water supply facilities in good condition. The quality of the water to be supplied shall be the same as is supplied to residents of the Village of Corinth. The Village shall use reasonable care to protect the quality of the water and to keep same reasonably free from contamination and fit for human consumption.

30 3. No Liability. The Village shall not have any liability to the Town, District or residents or landowners thereof for any loss or damage caused by the failure or breakdown of the Village s water supply system, and the only obligation of the Village in case of a failure or breakdown of the Village s water supply system shall be to repair such failure or breakdown and resume water supply in reasonable time, at Village expense. 4. Statement of Connections. The Town shall provide to the Village, within ten days of the execution of this Agreement, a statement of the names of the property owners to which the District has made water connections, and the nature of the property owner's use (i.e., residential, or type and extent of business use). The Town shall provide to the Village a statement of all connections, disconnections or changes in use promptly after a request for such statement is made by the Village. 5. Term of Agreement. The term of this Agreement shall begin on the date hereof and end May 31 of the following year. 6. No Enlargement of District. The Town shall not enlarge the boundaries of the District without the written consent of the Village. 7. Termination. If the Village should determine that the supply of water will be inadequate to allow a surplus of water for sale pursuant to this Agreement, then the Village may terminate this Agreement upon nine months written notice to the Town. The Town may terminate this Agreement at any time, upon three months written notice to the Village. Said notice shall be hand delivered or mailed, certified mail return receipt requested, addressed to the other party at its address set forth above. 8. Cost of Water; Payment. The Town shall make payments to the Village as follows: For each residential user and commercial user in the District, such annual sum as may be set from time to time for users outside the Village as established by the Village. Currently, said rates are as follows: User Annual Charge All users, per residential dwelling unit or business $ Restaurants, bars, taverns, car washes, physician s offices, dentists offices, grocery stores, convenience stores, barber shops, delicatessens, bakeries, pharmacies, florist shops, bed and breakfasts, disabled care homes, adult homes, day care centers, pre-schools and swimming pools $26.00 additional Laundromats, schools, hospitals, users of commercial dishwashers, users of dipping wells and industrial users $14.00 per water fixture additional

31 9. Payments. Water charges as set forth above shall be billed quarterly follows: Billing Date June 1 September 1 December 1 March 1 For the Quarter June, July and August September, October & November December, January and February March, April & May 10. Connection Fee. In addition to the fees set forth above, there shall be a charge by the Village to the Town for each new hookup to the water supply system in the amount of $2, Proration. Part year use charges shall be prorated, to the nearest quarter year. 12. Excavations. No excavation performed by the Town within the territory of the Village shall be left open for an unreasonable length of time, and any such excavation shall be properly guarded, lighted and protected to protect the safety of persons and vehicles using the Village streets and sidewalks. Any such excavations shall be properly filled, packed and paved with a sufficient layer of hot asphalt to the level of the adjoining street. All such excavations shall satisfy the reasonable requirements of the Village Commissioner of Public Works. 13. Records. The records of the District, and of the Town relating to District matters, shall be open for Inspection by officers and employees of the Village during regular business hours. 14. Water Meters. Each party shall have the right to install, at its cost and expense, a water meter for the purpose of determining the amount of water flowing through the main from the Village water system to the District Water system. THE UNDERSIGNED have executed this agreement as authorized by resolutions of the Village of Corinth Board of Trustees and the Town Board of the Town of Corinth. VILLAGE OF CORINTH By: Dennis Morreale, Mayor TOWN OF CORINTH # By: Richard Lucia, Supervisor

32 WATER SUPPLY AGREEMENT THIS IS A WATER SUPPLY AGREEMENT made as of June 1, 2012 between the VILLAGE OF CORINTH (the Village ), a municipal corporation having offices at 244 Main Street, Corinth, New York 12822, and the TOWN OF CORINTH (the Town ), a municipal corporation having offices at 600 Palmer Avenue, Corinth, NY Facts Upon Which This Agreement Is Based A. The Village is the owner of a municipal water system which is located in and serves the Village of Corinth. B. The Village has determined that its source of water supply and mains for distribution of water are adequate to supply water to the Village, and to allow for a surplus of water available to be sold to the Town. C. The Passarelli Subdivision Water District (the District ) is a duly constituted water district located in the Town of Corinth. D. The District has no adequate source of water supply. E. The Town wishes to purchase from the Village sufficient water to supply the present needs of the District for domestic uses and fire protection, and the Village wishes to sell such water to the Town. F. The Town has, at its cost and expense, installed the necessary pipes, valves and other fixtures or structures to carry water from the Village's water main to the District, and the facilities necessary to distribute water within the District. Agreement IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Sale of Water. The Village shall sell to the Town all water required by the District. The Town shall purchase such water upon the terms and conditions set forth in this Agreement. Said water shall be supplied at the existing connection between the Village s water main and the main of the District, at such gravity pressure naturally existing at the point of connection. 2. Maintenance of Infrastructure. The Village shall use reasonable care to maintain its water source, pumps, reservoirs, mains and other water supply facilities in good condition. The quality of the water to be supplied shall be the same as is supplied to residents of the Village of Corinth. The Village shall use reasonable care to protect the quality of the water and to keep same reasonably free from contamination and fit for human consumption.

33 3. No Liability. The Village shall not have any liability to the Town, District or residents or landowners thereof for any loss or damage caused by the failure or breakdown of the Village s water supply system, and the only obligation of the Village in case of a failure or breakdown of the Village s water supply system shall be to repair such failure or breakdown and resume water supply in reasonable time, at Village expense. 4. Statement of Connections. The Town shall provide to the Village, within ten days of the execution of this Agreement, a statement of the names of the property owners to which the District has made water connections, and the nature of the property owner's use (i.e., residential, or type and extent of business use). The Town shall provide to the Village a statement of all connections, disconnections or changes in use promptly after a request for such statement is made by the Village. 5. Term of Agreement. The term of this Agreement shall begin on the date hereof and end May 31 of the following year. 6. No Enlargement of District. The Town shall not enlarge the boundaries of the District without the written consent of the Village. 7. Termination. If the Village should determine that the supply of water will be inadequate to allow a surplus of water for sale pursuant to this Agreement, then the Village may terminate this Agreement upon nine months written notice to the Town. The Town may terminate this Agreement at any time, upon three months written notice to the Village. Said notice shall be hand delivered or mailed, certified mail return receipt requested, addressed to the other party at its address set forth above. 8. Cost of Water; Payment. The Town shall make payments to the Village as follows: For each residential user and commercial user in the District, such annual sum as may be set from time to time for users outside the Village as established by the Village. Currently, said rates are as follows: User Annual Charge All users, per residential dwelling unit or business $ Restaurants, bars, taverns, car washes, physician s offices, dentists offices, grocery stores, convenience stores, barber shops, delicatessens, bakeries, pharmacies, florist shops, bed and breakfasts, disabled care homes, adult homes, day care centers, pre-schools and swimming pools $26.00 additional Laundromats, schools, hospitals, users of commercial dishwashers, users of dipping wells and industrial users $14.00 per water fixture additional

34 9. Payments. Water charges as set forth above shall be billed quarterly follows: Billing Date June 1 September 1 December 1 March 1 For the Quarter June, July and August September, October & November December, January and February March, April & May 10. Connection Fee. In addition to the fees set forth above, there shall be a charge by the Village to the Town for each new hookup to the water supply system in the amount of $2, Proration. Part year use charges shall be prorated, to the nearest quarter year. 12. Excavations. No excavation performed by the Town within the territory of the Village shall be left open for an unreasonable length of time, and any such excavation shall be properly guarded, lighted and protected to protect the safety of persons and vehicles using the Village streets and sidewalks. Any such excavations shall be properly filled, packed and paved with a sufficient layer of hot asphalt to the level of the adjoining street. All such excavations shall satisfy the reasonable requirements of the Village Commissioner of Public Works. 13. Records. The records of the District, and of the Town relating to District matters, shall be open for Inspection by officers and employees of the Village during regular business hours. 14. Water Meters. Each party shall have the right to install, at its cost and expense, a water meter for the purpose of determining the amount of water flowing through the main from the Village water system to the District Water system. THE UNDERSIGNED have executed this agreement as authorized by resolutions of the Village of Corinth Board of Trustees and the Town Board of the Town of Corinth. VILLAGE OF CORINTH By: Dennis Morreale, Mayor TOWN OF CORINTH # By: Richard Lucia, Supervisor

35 WATER SUPPLY AGREEMENT THIS IS A WATER SUPPLY AGREEMENT made as of June 1, 2012 between the VILLAGE OF CORINTH (the Village ), a municipal corporation having offices at 244 Main Street, Corinth, New York 12822, and the TOWN OF LAKE LUZERNE (the Town ), a municipal corporation having offices at 51 Main Street, Lake Luzerne, NY 12846, on behalf of the Hudson Grove Water District. Facts Upon Which This Agreement Is Based A. The Village is the owner of a municipal water system which is located in and serves the Village of Corinth. B. The Village has determined that its source of water supply and mains for distribution of water are adequate to supply water to the Village and portions of the Town of Lake Luzerne, and to allow for a surplus of water available to be sold to the Town. C. The Hudson Grove Water District (the District ) is a duly constituted water district located in the Town of Lake Luzerne. D. The District has no adequate source of water supply. E. The Town wishes to purchase from the Village sufficient water to supply the present needs of the District for domestic uses and fire protection, and the Village wishes to sell such water to the Town. F. The Town has, at its cost and expense, installed the necessary pipes, valves and other fixtures or structures to carry water from the Village's water main located at the intersection of Main Street and Mallery Street to the District, and the facilities necessary to distribute water within the District. Agreement IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Sale of Water. The Village shall sell to the Town all water required by the District. The Town shall purchase such water upon the terms and conditions set forth in this Agreement. Said water shall be supplied at the existing connection between the Village s water main located at the intersection of Main Street and Mallery Street and the main of the District, at such gravity pressure naturally existing at the point of connection.

36 2. Maintenance of Infrastructure. The Village shall use reasonable care to maintain its water source, pumps, reservoirs, mains and other water supply facilities in good condition. The quality of the water to be supplied shall be the same as is supplied to residents of the Village of Corinth. 'The Village shall use reasonable care to protect the quality of the water and to keep same reasonably free from contamination and fit for human consumption. The Town shall, at its cost and expense, maintain the District s mains and distribution system in good condition and free from leaks. 3. No Liability. The Village shall not have any liability to the Town, District or residents or landowners thereof for any loss or damage caused by the failure of the Village s water supply system, and the only obligation of the Village in case of a breakdown shall be to repair such breakdown and resume water supply in a reasonable time, at Village expense. 4. Statement of Connections. The Town shall provide to the Village, within ten days of the execution of this Agreement, a statement of the names of the property owners to which the District has made water connections, and the nature of the property owner's use (i.e., residential, or type and extent of business use). The Town shall provide to the Village a statement of all connections, disconnections or changes in use promptly after a request for such statement is made by the Village. 5. Term of Agreement. The term of this Agreement shall begin on the date hereof and end May 31 of the following year. 6. No Enlargement of District. The Town shall not enlarge the boundaries of the District without the written consent of the Village. 7. Termination. If the Village should determine that the supply of water will be inadequate to allow a surplus of water for sale pursuant to this Agreement, then the Village may terminate this Agreement upon nine months written notice to the Town. The Town may terminate this Agreement at any time, upon three months written notice to the Village. Said notice shall be hand delivered or mailed, certified mail return receipt requested, addressed to the other party at its address set forth above. 8. Cost of Water; Payment. The Town shall make payments to the Village as follows: a. One Hundred Twenty-Five ($125.00) Dollars per year for each fire hydrant located in the District.

37 b. For each residential user and commercial user in the District, such annual sum as may be set from time to time for users outside the Village by annual budget adopted by the Village. Currently, said rates are as follows: User Annual Charge All users, per residential dwelling unit or business $ Restaurants, bars, taverns, car washes, physician s offices, dentists offices, grocery stores, convenience stores, barber shops, delicatessens, bakeries, pharmacies, florist shops, bed and breakfasts, disabled care homes, adult homes, day care centers, pre-schools and swimming pools $26.00 additional Laundromats, schools, hospitals, users of commercial dishwashers, users of dipping wells and industrial users $14.00 per water fixture additional 9. Payments. Water charges as set forth above shall be billed quarterly follows: Billing Date June 1 September 1 December 1 March 1 For the Quarter June, July and August September, October & November December, January and February March, April & May 10. Connection Fee. In addition to the fees set forth above, there shall be a charge by the Village to the Town for each new hookup to the water supply system in the amount of $2, Proration. Part year use charges shall be prorated, to the nearest quarter year. 12. Excavations. No excavation performed by the Town within the territory of the Village shall be left open for an unreasonable length of time, and any such excavation shall be properly guarded, lighted and protected to protect the safety of persons and vehicles using the Village streets and sidewalks. Any such excavations shall be properly filled, packed and paved with a sufficient layer of hot asphalt to the level of the adjoining street. All such excavations shall satisfy the reasonable requirements of the Village Commissioner of Public Works. 13. Records. The records of the District, and of the Town relating to District matters, shall be open for Inspection by officers and employees of the Village during regular business hours.

38 14. Water Meters. Each party shall have the right to install, at its cost and expense, a water meter for the purpose of determining the amount of water flowing through the main from the Village water system to the District Water system. THE UNDERSIGNED have executed this agreement as authorized by resolutions of the Village of Corinth Board of Trustees and the Town Board of the Town of Lake Luzerne. VILLAGE OF CORINTH By: Dennis Morreale, Mayor TOWN OF LAKE LUZERNE # By: Eugene Merlino, Supervisor

39 WATER SUPPLY AGREEMENT THIS IS A WATER SUPPLY AGREEMENT made as of June 1, 2012 between the VILLAGE OF CORINTH (the Village ), a municipal corporation having offices at 244 Main Street, Corinth, New York 12822, and the TOWN OF CORINTH (the Town ), a municipal corporation having offices at 600 Palmer Avenue, Corinth, NY Facts Upon Which This Agreement Is Based A. The Village is the owner of a municipal water system which is located in and serves the Village of Corinth. B. The Village has determined that its source of water supply and mains for distribution of water are adequate to supply water to the Village, and to allow for a surplus of water available to be sold to the Town. C. The Tranquility Estates Water District (the District ) is a duly constituted water district located in the Town of Corinth. D. The District has no adequate source of water supply. E. The Town wishes to purchase from the Village sufficient water to supply the present needs of the District for domestic uses and fire protection, and the Village wishes to sell such water to the Town. F. The Town has, at its cost and expense, installed the necessary pipes, valves and other fixtures or structures to carry water from the Village's water main to the District, and the facilities necessary to distribute water within the District. Agreement IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Sale of Water. The Village shall sell to the Town all water required by the District. The Town shall purchase such water upon the terms and conditions set forth in this Agreement. Said water shall be supplied at the existing connection between the Village s water main and the main of the District, at such gravity pressure naturally existing at the point of connection. 2. Maintenance of Infrastructure. The Village shall use reasonable care to maintain its water source, pumps, reservoirs, mains and other water supply facilities in good condition. The quality of the water to be supplied shall be the same as is supplied to residents of the Village of Corinth. The Village shall use reasonable care to protect the quality of the water and to keep same reasonably free from contamination and fit for human consumption.

40 3. No Liability. The Village shall not have any liability to the Town, District or residents or landowners thereof for any loss or damage caused by the failure or breakdown of the Village s water supply system, and the only obligation of the Village in case of a failure or breakdown of the Village s water supply system shall be to repair such failure or breakdown and resume water supply in reasonable time, at Village expense. 4. Statement of Connections. The Town shall provide to the Village, within ten days of the execution of this Agreement, a statement of the names of the property owners to which the District has made water connections, and the nature of the property owner's use (i.e., residential, or type and extent of business use). The Town shall provide to the Village a statement of all connections, disconnections or changes in use promptly after a request for such statement is made by the Village. 5. Term of Agreement. The term of this Agreement shall begin on the date hereof and end May 31 of the following year. 6. No Enlargement of District. The Town shall not enlarge the boundaries of the District without the written consent of the Village. 7. Termination. If the Village should determine that the supply of water will be inadequate to allow a surplus of water for sale pursuant to this Agreement, then the Village may terminate this Agreement upon nine months written notice to the Town. The Town may terminate this Agreement at any time, upon three months written notice to the Village. Said notice shall be hand delivered or mailed, certified mail return receipt requested, addressed to the other party at its address set forth above. 8. Cost of Water; Payment. The Town shall make payments to the Village as follows: For each residential user and commercial user in the District, such annual sum as may be set from time to time for users outside the Village as established by the Village. Currently, said rates are as follows: User Annual Charge All users, per residential dwelling unit or business $ Restaurants, bars, taverns, car washes, physician s offices, dentists offices, grocery stores, convenience stores, barber shops, delicatessens, bakeries, pharmacies, florist shops, bed and breakfasts, disabled care homes, adult homes, day care centers, pre-schools and swimming pools $26.00 additional Laundromats, schools, hospitals, users of commercial dishwashers, users of dipping wells and industrial users $14.00 per water fixture additional

41 9. Payments. Water charges as set forth above shall be billed quarterly follows: Billing Date June 1 September 1 December 1 March 1 For the Quarter June, July and August September, October & November December, January and February March, April & May 10. Connection Fee. In addition to the fees set forth above, there shall be a charge by the Village to the Town for each new hookup to the water supply system in the amount of $2, Proration. Part year use charges shall be prorated, to the nearest quarter year. 12. Excavations. No excavation performed by the Town within the territory of the Village shall be left open for an unreasonable length of time, and any such excavation shall be properly guarded, lighted and protected to protect the safety of persons and vehicles using the Village streets and sidewalks. Any such excavations shall be properly filled, packed and paved with a sufficient layer of hot asphalt to the level of the adjoining street. All such excavations shall satisfy the reasonable requirements of the Village Commissioner of Public Works. 13. Records. The records of the District, and of the Town relating to District matters, shall be open for Inspection by officers and employees of the Village during regular business hours. 14. Water Meters. Each party shall have the right to install, at its cost and expense, a water meter for the purpose of determining the amount of water flowing through the main from the Village water system to the District Water system. THE UNDERSIGNED have executed this agreement as authorized by resolutions of the Village of Corinth Board of Trustees and the Town Board of the Town of Corinth. VILLAGE OF CORINTH By: Dennis Morreale, Mayor TOWN OF CORINTH By: Richard Lucia, Supervisor

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