HomeMy WebLinkAbout2.22.2005 Minutes.pdf
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Minutes of Regular Meeting
February 22, 2005
Village of Cayuga Heights
Board of Trustees
Present: Mayor Lynn, Trustees Antil, Staley, Tavelli, McNeil, Mount, Atty. Tyler, Police Chief
Lansing, Supt. Tamborelle, Supt. Cross, , Clerk Manning.
Absent: Trustee Collyer, Supv. Quick
Others Present: Joe and Peggy Petrillose, Wayne and Marilyn Fleming, Ron Anderson, Jack
Rogers, Rabija Mekic, Rebecca Bradbury, Victoria Wallenstein and Michelle Wallenstein, IHS
Students, Thomas Schickel and Jim Fulton, Schickel Architecture.
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At 7:00 pm, Mayor Lynn convened the Board as the Planning Board and opened the Public
Hearing on the request by Mr. and Mrs. Joseph Petrillose to convert the use of the building at
828 Hanshaw Road into more than one commercial business. There was some discussion by
Trustees. Both Trustees Mount and McNeil questioned the issue of change in ownership.
Attorney Tyler asked about the original site plan review done years ago. Supt. Cross said that it
had not been altered or changed since its inception. There being no comments, the Hearing was
closed at 7:20 pm.
The regular meeting was opened at 7:20.
A resolution was presented by Supt. Cross approving the request by Mr. and Mrs. Petrillose to
convert the use of their building at 828 Hanshaw Road into more than one commercial business.
Planning Board Motion by Trustee Mount
Seconded by Trustee Staley
RESOLUTION 6119
APPROVE REQUEST BY MR. & MRS. JOSEPH PETRILLOSE TO CONVERT THE USE
OF THE BUILDING AT 828 HANSHAW ROAD INTO MORE THAN ONE
COMMERCIAL BUSINESS
Whereas, on February 21, 1994 the Village approved the Petrillose’s request
to change the use of their property from residential to both residential and commercial, and
Whereas, on July 11, 1994 the Village Code Enforcement Officer issued a permit to use the
entire building a hair salon operated by Mrs. Petrillose, and
Whereas, over the years Mrs. Petrillose has expanded the scope of services provided by her
business to include message therapy, and
Whereas, Mrs. Petrillose now wishes to sell the message therapy part of her business to
separate owner who will continue to operate the message therapy business in the same
building as Mrs. Petrillose hair salon,
Whereas, such change in business operation requires the Village Planning Board to perform a
Site Plan review to consider such issues as location, intensity of use, traffic generation, hours
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of operation, impact on adjacent land uses, environmental impacts, and any other factors
related to the health, safety and general welfare of the community, and
Whereas, Mrs. Petrillose has submitted an application for such approval along with a
statement that no external changes will be made to accommodate the change in
ownership/operation of the separate message therapy business, and
Whereas, the Planning Board has duly advertised and conducted a public hearing to seeking
information relative to such application, and
Whereas, the Planning Board has found no impacts of such application that will affect the
health, safety and general welfare of the community, and now
Therefore, the Village of Cayuga Heights Planning Board hereby makes a determination that
such activity is a considered a Type II Action according to NYCRR 617.5.a, which does not
require any further consideration of environmental impacts, and
Therefore, the Planning Board hereby by authorizes the Zoning Officer to issue a permit to
Mrs. Petrillose to convert the building at 828 Hanshaw Road into two separate commercial
businesses, one of which is to operated by a tenant of the building.
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
The regular meeting of the Board of Trustees was opened at 7:25 PM.
At this point in the meeting, Supt. Cross presented another Resolution for the Trustee’s
consideration. Approximately 5 years ago the Village received funds from the NYS Clean Water
Bond Act. Now is the time to act on the proposed phosphorous treatment upgrade at the
WWTP, which is the 2nd of 3 phases. Trustee Staley asked if there was a time frame for all this
work to be completed. Can Stearns & Wheler drag this project out? The answer was that the
Village would need to move Stearns & Wheler along. Atty. Tyler requested Mayor Lynn to
examine the contract carefully for any time constraints.
Motion by Trustee Mount
Seconded by Trustee Staley
RESOLUTION 6122
AUTHORIZE THE MAYOR TO SIGN CONTRACT WITH STEARNS & WHELER, LLC
TO PREPARE ENGINEERING REPORT FOR PROPOSED PHOSPHOROUS
TREATMENT UPGRADE AT THE WWTP.
Whereas, the Village of Cayuga Heights has made an application for funding, through the
1996 NYS Clean Water Bond Act, of a project to add tertiary phosphorous removal at the
wastewater treatment plant (WWTP), and
Whereas, the Village has been awarded a $1,500,000 grant from the Bond Act towards such
project, and
Whereas, to be eligible for the grant funds, the NYSDEC requires that the Village provide an
Engineering Report to be submitted prior to design, that includes such information as
schematic layouts, conceptual design, and consideration of alternative methods, and
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Whereas, Stearns & Wheler, having working knowledge of the Village’s WWTP and having
acted as the engineering firm for all previous upgrade projects at the WWTP, has provided a
Scope of Services for said Engineering Report for a fee proposal of $28,800, and
Whereas, the Village Engineer has reviewed the Scope of Services and recommends
accepting the proposal provided by Stearns & Wheler, and now
Therefore, the Village Board of Trustees hereby authorizes the Mayor to sign the contract
with Stearns & Wheler to produce the required Engineering Report for the Phosphorous
Removal Upgrade Project at the WWTP for a professional fee of $28,800.
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
The Mayor next asked for a motion to approve the minutes of January 18, 2005.
Motion by Trustee Mount
Seconded by Trustee Antil
Move to approve the minutes of January 18 with minor corrections noted below:
Page 1 – Trustee McNeil was present.
Page 2 – Under Mayor’s Report, Trustee Antil will advise on an article for the
March issue of The Courier.
Page 4 – Trustee Mount did not make the Motion to pass Resolution 6116.
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
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Privilege of the Floor
Thomas Schickel of Schickel Architecture presented a plan on the Renovation of the Village
Hall at 836 Hanshaw Road. A copy of this presentation is attached to these Minutes.
Jack Rogers asked to speak on requests to the Village on various issues of his. He has asked that
the following things be done as they pertain to his land fronting on Remington Road.
1. His property survey corner markers must be replaced.
2. The culvert under the sewer line under his property must be repaired.
3. When are street lights going to be installed on Remington Road?
The Mayor assured Mr. Rogers that these items would be addressed as soon as the weather
improved.
Mayor’s Report
Due to some administrative confusion, the Bolton Point Resolutions which were previously
adopted last August and September, respectively, needed to be re-adopted at this meeting. The
first Resolution, a copy of the Abstract as listed below. was passed as Resolution #6093 on
August 16, 2004:
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Motion by Trustee McNeil
Seconded by Trustee Staley
Roll Call: Trustee Mount, aye; Trustee Antil, aye; Trustee Tavelli, aye; Trustee
McNeil, aye; Trustee Staley, aye; Mayor Lynn, aye.
Trustee Collyer, absent.
RESOLUTION #6120
RESOLUTION AUTHORIZING THE INCREASE IN THE COSTS OF THE
EXPANSION AND RENOVATION OF THE SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER TREATMENT PLANT, AUTHORIZING THE
INCREASED EXPENDITURE OF FUNDS FOR SUCH PURPOSE,
AUTHORIZING THE INCREASE IN THE AMOUNT OF JOINT AND SEVERAL
SERIAL BONDS TO BE ISSUED FOR A PORTION OF THE COSTS OF SUCH
PROJECT, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
AGREEMENT OF MUNICIPAL COOPERATION RELATING TO SUCH
INCREASES.
WHEREAS, the Board of Trustees of the Village of Cayuga Heights, in conjunction
with the Towns of Dryden, Ithaca, and Lansing and the Village of Lansing, has determined
and agreed to participate in the expansion and renovation of the Southern Cayuga Lake
Intermunicipal Water Commission (“SCLIWC”) water treatment plant and to contract
indebtedness therefore in accordance with Section 15 of the Local Finance Law pursuant to a
Supplement to Agreement of Municipal Cooperation for Construction, Financing and
Operation of an Intermunicipal Water Supply and Transmission System Relating to 2003
Plant Expansion Project dated as of July 7, 2003 (the “Intermunicipal Agreement
Supplement”); and
WHEREAS, a plan, report and map was duly prepared in such manner and in such
detail as this Board determines to be necessary, relating to the construction and equipping of
a two-story office and work space addition to the Southern Cayuga Lake Intermunicipal
Water Commission (“SCLIWC”) water treatment plant, pursuant to Article 5-G of the
General Municipal Law and relevant provisions of the Town Law and Village Law, such
project to be known and identified as the SCLIWC 2003 Plant Expansion Project, and
hereinafter also referred to as "Improvement", to provide expanded space in the water
treatment plant owned in common by the Towns of Dryden, Ithaca and Lansing and the
Villages of Cayuga Heights and Lansing (collectively the “Municipalities” and sometimes
individually the “Municipality”), such improvement to be constructed and owned by the
Municipalities, and
WHEREAS, based upon said plan and report SCLIWC and the Municipalities
authorized the expenditure of $2,310,835 for the Improvement and authorized the issuance of
joint and several serial bonds in the amount of $1,000,000 to pay for part of the costs of said
Improvement; and
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WHEREAS, the bids for the Improvement received from the lowest responsible
bidders for each segment of the project were considerably higher than the estimates for same
from the Engineers; and
WHEREAS, as a result the Engineers for SCLIWC and SCLIWC itself have
recommended that the amount to be authorized for expenditure for the Improvement be
increased by $289,165.00 to cover the increased amounts of such bids and to provide a
reasonable contingency for future unanticipated expenses; and
WHEREAS, SCLIWC has also recommended that because of the increased costs and
the desire to possibly authorize other projects in the future that would utilize some of the
surplus funds that had initially been proposed for the Improvement, the amount of the bonds
to be issued in connection with the Improvement be increased by $500,000; and
WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of
the improvements set forth below, and as more particularly shown and described in said map,
plan and report presently on file in the Office of the Municipality Clerk:
Construction of a 7616 square foot, two story office and work space addition on the
east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of
Lansing and renovation of 4332 square feet of existing office space to provide increased
office space for SCLIWC’s Administration and Distribution personnel, workshops for
SCLIWC’s electrical and mechanical technicians and production department personnel,
handicapped accessibility, an archive room for long term storage of SCLIWC’s files and
documents, an expansion of the facility’s laboratory to meet increased water quality
monitoring requirements, and additional fire suppression systems in the new and renovat ed
areas of the facility; upgrading the HVAC systems to bring them into compliance with
current building codes; upgrading the north entrance to the facility; and adding four
additional parking spaces to accommodate the public; and
WHEREAS, the maximum now proposed to be expended for the aforesaid
improvement is $2,600,000.00; 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, the project herein 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 increase in the maximum amount to be
expended for the SCLIWC 2003 Plant Expansion Project, the increase in the amount of
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bonds to be issued in connection with the Improvement, and the execution of the
Intermunicipal Agreement Supplement authorizing such increases;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of
Cayuga Heights, conditional on 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 Village of Cayuga Heights hereby authorizes the expenditure
of an additional $289,165.00 for the previously authorized renovation of the
previously authorized SCLIWC 2003 Plant Expansion Project by the construction of
the improvements to the plant described above 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", and all of said actions being authorized pursuant to Article 11of the
Village Law and Article 5-G of the General Municipal Law.
Section 2. The Board of Trustees hereby authorizes the Mayor, on behalf of
the Village, to execute the Intermunicipal Agreement Supplement pursuant to which
the Village authorizes the increase in the costs of the SCLIWC 2003 Plant Expansion
Project, the increase in bonding, and reaffirms the delegation to SCLIWC and its
officers and Treasurer the authority to contract for and construct said Project, and to
finance the same in the manner set forth herein.
Section 3. The Village of Cayuga Heights, subject to the approval of the
voters of the Village if a referendum is requested, hereby authorizes the issuance of
an additional $500,000 of joint and several serial bonds to pay for a portion of the
cost of such Project, pursuant to the Local Finance Law and Article 5 -G of the
General Municipal Law.
Section 4. $2,600,000 is now estimated as the maximum cost for Project.
Section 5. The plan for the financing of the Project is amended, and as so
amended is hereby authorized, to consist of
(a) The issuance of General Obligation Joint and Several Serial
Bonds of the Municipalities in the principal sum of not more than
$1,500,000.00, to be issued pursuant to the Local Finance Law and the
General Municipal Law for a portion of the costs of the Project; and
(b) Payment from budgeted revenues and from surplus funds of
SCLIWC of the balance of the remaining costs of such Improvement.
Section 6. For the purposes of Section 15.10 of the Local Finance Law
relating to the allocation of joint indebted ness, the amount of joint indebtedness to be
apportioned and allocated to each of said Towns and Villages shall be in the same
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
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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 DEBT
ALLOCATED
PORTION OF DEBT
Town of Dryden 4.577
$ 68,655.00
Town of Ithaca 44.031
$660,465.00
Town of Lansing 18.186
$272,790.00
Village of Lansing 21.941
$329,115.00
Village of Cayuga Heights 11.265
$168,975.00
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 the 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 Towns and said Villages in accordance with the
Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which the
consumption of water from the SCLIWC system in each of said municipalities bears
to the full consumption from the entire SCLIWC water distribution system, such ratio
to be annually determined in accordance with the aforesaid Intermunicipal Agreement
Supplement, the share of said principal and interest to be borne by the aforesaid
Towns, shall be annually assessed, levied and collected within said Towns as follows:
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(a) From the several lots and parcels of land in each of the water districts in
the Town of Dryden and in the Town of Lansing, in the manner provided by
law.
(b) From the several lots and parcels in the Town of Ithaca Town-wide water
improvement area, in the manner provided by law.
The Village of Cayuga Heights shall 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 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.
If not paid from the aforesaid sources, all the taxable real property in said Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable
real property in said Town of Lansing and all the taxable real property in said Village
of Cayuga Heights, and all the taxable real property in said Village of Lansing shall
be jointly subject to the levy of an ad valorem tax, without limitation as to the rate or
amount, sufficient to pay the principal of and interest on said bonds as the same
become due and payable.
Section 9. Subject to the provisions of the Local Finance Law and this
section, the power to authorize the issuance of and to sell joint bond anticipation
notes in anticipation of the issuance and sale of the joint serial bonds herein
authorized, including renewals of such notes, is hereby delegated to the Supervisor of
the Town of Ithaca, the Chief Fiscal Officer of 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 bond anticipation notes shall be of such terms, form
and contents, and shall be sold in such manner as may be prescribed by a bond
anticipation note certificate, as authorized by Section 30.00 of the Local Finance
Law; provided, however, that any bond anticipation notes so issued shall be the joint
indebtedness of said Towns and said Villages and shall be executed in the names of
Town of Dryden, the Town of Ithaca, the Town of Lansing, the Village of Cayuga
Heights and the Village of Lansing, and shall be signed by the Supervisor of the
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 Town, shall be signed by the
Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed
thereto the seal of the Town of Ithaca attested by the Town Clerk of said Town said
Supervisor, 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 Town of Lansing, attested by
the Town Clerk of said Town, shall be signed by the Treasurer of the Village 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 chief fiscal officer of the Town of Ithaca to whom is hereby
delegated the power to authorize the issuance of and to sell such joint bond
anticipation notes, shall file an executed copy of each such bond anticipation note
certificate with the finance board of each of the aforesaid municipalities prior to the
issuance of the bond anticipation note or notes authorized by such certificate.
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Section 10. The validity of such joint serial bonds and joint bond anticipation
notes may be contested only if:
1. Such joint bonds are authorized for an object or purchase for which said
Towns or said Villages are not authorized to expend money, or
2. The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within 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 aforesaid
Towns and the aforesaid Villages, and the publication thereof with the notice
provided for herein, the Clerks of each such Town and each such Village shall file
with the Clerk of each of the other Towns and of the Villages, a certified copy of this
resolution and a printer’s affidavit or affidavits, as the case may be, of publication
thereof with the required noticed or notices, as the case may be.
Section 12. Pursuant to Section 15.00(m) of the Local Finance Law, the
powers and duties of advertising such joint bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor of the Town of Ithaca,
Tompkins County, New York, who on her own behalf and on behalf 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 interests of the aforesaid
Towns and Villages, provided, however, that in the exercise of these delegated
powers, she shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal bonds. The
receipt of said Supervisor shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 13. All other matters, except as provided herein relating to such joint
bonds, including determining whether to issue such joint serial bonds having
substantially level or declining debt service and all matters related thereto, prescribing
the method for the recording of ownership of said bonds, appointing the fiscal agent
or agents for said bonds, providing for the printing and delivery of said bonds, the
date, denominations, maturities and interest payment dates, place or places of
payment, shall be determined by said Supervisor on behalf of the chief fiscal officers
of the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and
Lansing. It is hereby determined that it is to the financial advantage of the issuers not
to impose and collect from registered 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 Law,
no such charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in Section 52.00 of the Local
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Finance Law and shall otherwise be in such form and contain such recitals in addition
to those required by Section 52.00 of the Local Finance Law, as the Town Supervisor
shall determine. Said bonds shall be signed in the name of each Town and Village by
the manual signature of each respective chief fiscal officer and a facsimile or original
of the 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 Law Section 15, the Supervisor of the
Town of Ithaca is designated as the chief fiscal officer to maintain the records relating
to the joint bonds, the paying agent on the bonds, and the registration agent if she
does not appoint such an agent pursuant to the authority granted elsewhere in this
resolution.
Section 15. 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 2003 Plant Expansion Project in excess of the bond
proceeds authorized by this resolution, provided, however, the maximum cost of said
project does not exceed the maximum authorized in this resolution.
Section 18. Within 10 days after the adoption of this resolution by the Board
of Trustees, the Village Clerk shall, as set forth in Section 9-900 of the Village 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 Village Clerk, together with a notice in substantially
the form prescribed, and containing the information required, by Section 81.00 of said
Local Finance Law, such publication to be in the Ithaca Journal, a newspaper
published in the City of Ithaca and having a general circulation within such Village.
Section 20. This resolution shall take effect immediately, unless a referendum
is requested, in which event it shall take effect, if approved at such referendum, upon
such approval.
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Section 21. This resolution is adopted subject to a permissive referendum
pursuant to Local Finance Law Section 36.
The question of adoption of the foregoing resolution was duly put to a vote on a roll
call, which resulted as follows:
Trustee Mount, aye; Trustee Antil, aye; Trustee Tavelli, aye; Trustee McNeil,
aye; Trustee Staley, aye; Mayor Lynn, aye.
Trustee Collyer, absent.
The resolution was thereupon duly adopted.
The second resolution to be re-adopted was passed as Resolution #6099 on September
20, 2004:
Motion by Trustee Antil
Seconded by Trustee McNeil
RESOLUTION 6121
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.
WHEREAS, the Board of Trustees of the Village of Cayuga Heights, in conjunction
with the Towns of Dryden, Ithaca, and Lansing and the Village of 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 Intermunicipal Water
Commission (“SCLIWC”) and to contract indebtedness therefore in accordance with Section
15 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal
Cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply
and Transmission System Relating to 2004 East Hill Tank and Water Main Project dated as
of October 1, 2004 (the “Intermunicipal Agreement Supplement”); and
WHEREAS, a plan, report and map has been duly prepared in such manner and in
such detail as 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 Law and
relevant provisions of the Town Law and Village Law, such project to be known and
identified as the SCLIWC 2004 East Hill Tank and Water Main Project, and hereinafter also
referred to as "Improvement", to provide improved water storage capacity and water
transmission capabilities for SCLIWC and the system owned in common by the Towns of
Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the
“Municipalities”) and sometimes individually the “Municipality”), such Improvement to be
constructed and owned by the Municipalities, and
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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
in said map, plan and report presently on file in the Office of the Municipality Clerk; and
WHEREAS, the maximum 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, 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
financing of such capital project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of
Cayuga Heights, conditional 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 Village of Cayuga Heights 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 Hollow 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
Article 11of the Village Law and Article 5-G of the General Municipal Law.
Section 2. The Board of Trustees hereby authorizes the Mayor, on behalf of
the Village, to execute the Intermunicipal Agreement Supplement pursuant to which
the Village authorizes the SCLIWC 2004 East Hill Tank and Water Main Project,
Page 13 of 20
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 Board of Trustees 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, pursuant to the provisions of Section 1 of Article VIII of the Constitution
of the State of New York as amended and Title 1A 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 same
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 DEBT ALLOCATED PORTION OF
DEBT
Town of Dryden 4.557 $ 68,655.00
Town of Ithaca 44.031 $660,465.00
Town of Lansing 18.186 $272,790.00
Village of Lansing 21.941 $329,115.00
Village of Cayuga Heights 11.265 $168,975.00
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 the bonds herein authorized to be issued as
Page 14 of 20
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 Towns and said Villages in accordance with the
Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which the
consumption of water from the SCLIWC system in each of said municipalities bears
to the full consumption from the entire SCLIWC water distribution system, such ratio
to be annually determined in accordance with the aforesaid Intermunicipal Agreement
Supplement, the share of said principal and interest to be borne by the aforesaid
Towns, shall be annually assessed, levied and collected within said Towns as follows:
(a) From the several lots and parcels of land in each of the water districts in
the Town of Dryden and in the Town of Lansing, in the manner provided by
law.
(b) From the several lots and parcels in the Town of Ithaca Town-wide water
improvement area, in the manner provided by law.
The Village of Cayuga Heights shall 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 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.
If not paid from the aforesaid sources, all the taxable real property in said Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable
real property in said Town of Lansing and all the taxable real property in said Village
of Cayuga Heights, and all the taxable real property in said Village of Lansing shall
be jointly subject to the levy of an ad valorem tax, without limitation as to the rate or
amount, sufficient to pay the principal of and interest on said bonds as the same
become due and payable.
Section 9. Subject to the provisions of the Local Finance Law and this
section, the power to authorize the issuance of and to sell joint bond anticipation
Page 15 of 20
notes in anticipation of the issuance and sale of the joint serial bonds herein
authorized, including renewals of such notes, is hereby delegated to the Supervisor of
the Town of Ithaca, the Chief Fiscal Officer of 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 bond anticipation notes shall be of such terms, form
and contents, and shall be sold in such manner as may be prescribed by a bond
anticipation note certificate, as authorized by Section 30.00 of the Local Finance
Law; provided, however, that any bond anticipation notes so issued shall be the joint
indebtedness of said Towns and said Villages and shall be executed in the names of
Town of Dryden, the Town of Ithaca, the Town of Lansing, the Village of Cayuga
Heights and the Village of Lansing, and shall be signed by the Supervisor of the
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 Town, shall be signed by the
Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed
thereto the seal of the Town of Ithaca attested by the Town Clerk of said Town said
Supervisor, 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 Town of Lansing, attested by
the Town Clerk of said Town, shall be signed by the Treasurer of the Village 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 chief fiscal officer of the Town of Ithaca to whom is hereby
delegated the power to authorize the issuance of and to sell such joint bond
anticipation notes, shall file an executed copy of each such bond anticipation note
certificate with the finance board of each of the aforesaid municipalities prior to the
issuance of the bond anticipation note or notes authorized by such certificate.
Section 10. The validity of such joint serial bonds and joint bond anticipation
notes may be contested only if:
1. Such joint bonds are authorized for an object or purchase for which said
Towns or said Villages are not authorized to expend money, or
2. The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within 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 aforesaid
Towns and the aforesaid Villages, and the publication thereof with the notice
provided for herein, the Clerks of each such Town and each such Village shall file
with the Clerk of each of the other Towns and of the Villages, a certified copy of this
resolution and a printer’s affidavit or affidavits, as the case may be, of publication
thereof with the required noticed or notices, as the case may be.
Page 16 of 20
Section 12. Pursuant to Section 15.00(m) of the Local Finance Law, the
powers and duties of advertising such joint bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor of the Town of Ithaca,
Tompkins County, New York, who on her own behalf and on behalf 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 interests of the aforesaid
Towns and Villages, provided, however, that in the exercise of these delegated
powers, she shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal bonds. The
receipt of said Supervisor shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 13. All other matters, except as provided herein relating to such joint
bonds, including determining whether to issue such joint serial bonds having
substantially level or declining debt service and all matters related thereto, prescribing
the method for the recording of ownership of said bonds, appointing the fiscal agent
or agents for said bonds, providing for the printing and delivery of said bonds, the
date, denominations, maturities and interest payment dates, place or places of
payment, shall be determined by said Supervisor on behalf of the chief fiscal officers
of the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and
Lansing. It is hereby determined that it is to the financial advantage of the issuers not
to impose and collect from registered 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 Law,
no such charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in Section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such recitals in addition
to those required by Section 52.00 of the Local Finance Law, as the Town Supervisor
shall determine. Said bonds shall be signed in the name of each Town and Village by
the manual signature of each respective chief fiscal officer and a facsimile or original
of the 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 Law Section 15, the Supervisor of the
Town of Ithaca is designated as the chief fiscal officer to maintain the records relating
to the joint bonds, the paying agent on the bonds, and the registration agent if she
does not appoint such an agent pursuant to the authority granted elsewhere in this
resolution.
Section 15. 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
Page 17 of 20
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 authorized in this resolution.
Section 18. Within 10 days after the adoption of this resolution by the Board
of Trustees, the Village Clerk shall, as set forth in Section 9-900 of the Village 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 Village Clerk, together with a notice in substantially
the form prescribed, and containing the information required, by Section 81.00 of said
Local Finance Law, such publication to be in the Ithaca Journal, a newspaper
published in the City of Ithaca and having a general circulation within such Village.
Section 20. This resolution shall take effect immediately, 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 Local Finance Law Section 36.
The question of adoption of the foregoing resolution was duly put to a vote on a roll
call, which resulted as follows:
Roll Call: Trustee Mount, aye; Trustee Antil, aye; Trustee Tavelli, aye; Trustee
McNeil, aye; Trustee Staley, aye; Mayor Lynn, aye.
Trustee Collyer, absent.
The resolution was thereupon duly adopted.
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Report of the Police Chief – Report was distributed and on file.
Chief Lansing reported that he has been asked to join the review team for the establishment of
the 911 procedures and equipment for Tompkins County. He has also been asked to join the
Zone 6 Terrorist Meetings (Zone 6 is the Southern Tier area).
Mayor Lynn commented that there were quite a number of 306B violations on the report. The
Chief told the Board that the violation is for an expired vehicle inspection. Because of the time
of the year, these violations easily noticed.
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Page 18 of 20
Report of the Fire Superintendent – Report was distributed and on file.
Supt. Tamborelle reported that January was a busy month for the department. The training held
on January 29 was well attended by 47 members.
The ladder truck is on schedule, with an inspection trip to Florida scheduled for march 11 and
12. The truck should arrive in New York on March 21st and be in Ithaca by the 23rd.
A reminder that the Banquet is scheduled for April 23. Everyone should be receiving their
invitations this month.
Supt. Tamborelle advised the Board that he would like to apply for a FEMA grant again this year
to purchase firefighters masks. He asked the Board for a resolution to authorize this.
Motion by Trustee Antil
Seconded by Trustee Mount
Move to pass Resolution 6123 authorizing the Fire Supt. and the Treasurer to apply for a
FEMA grant for assistance to purchase Firefighter Masks.
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
*****************************************************************
Report of Working Supervisor – Report was distributed and is on file.
*********************************************************************
Report of the Supt. of Public Works – Supt. Cross wanted to reply to Jack Rogers’ requests of
earlier in the meeting.
1. Erosion of Jack’s culvert – Supt. Cross has failed to respond to this request in Mr.
Roger’s perception of a timely manner. He will check on the situation in the Spring.
Mayor Lynn wants Supt. Cross’s recommendation on how to proceed by next meeting.
2. Surveyor stakes (property markers) – These are no longer where they should be. A
surveyor would need to redo the stakes at a cost of approximately $1000. Supt. Cross
will ask TG Miller for an estimate and report back to the Board.
3. Street lights should follow construction of dwellings on Remington Rd.
Trustee Tavelli commented that he has seen the new Sterling dump truck around the Village and
feels that it is worth whatever we paid for it.
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Report of the Treasurer – Report was distributed and is on file. Treasurer Silber was absent for
this meeting. Mayor Lynn discussed vouchers with the Board. The Mayor thinks that the
Trustees should be looking at the vouchers every month. He reiterated that the Abstract of
Vouchers should be included in the packets sent to the Trustees before the meetings. He urged
the trustees to look at the Abstract in advance of the meetings and ask questions at the meetings.
The Unposted Check Register was distributed at this meeting instead of the Abstract of
Vouchers. The Trustees preferred the format of the Unposted Check Register and requested
that that be the format they receive in the future.
Motion by Trustee Antil
Seconded by Trustee Staley
Move to pass Resolution 6124 approving the transfers dated 2/22/05 as listed
below.
From: To:
A01990.400 Contingency A01325.410 Treasurer Contr Exp $1,400
Page 19 of 20
A03410.200 Fire Dept. Eqpt. A03410.410 Fire Dept. Contr Exp 6,000
A01990.400 Contingency A03410.490 Fire Dept. Eqpt Maint 2,590
A016440.410 Cent Garage Contr Exp. A05142.490 Snow Eqpt Maint 500
G01990.400 Sewer Contingency G08130.460 Sewer Plant Pre Treatment 420
WWTP Reserve H08130.200 WWTP Trickling Project 52,750
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
Mayor Lynn asked for a motion to pass the Resolution approving the Abstract of Vouchers.
Move by Trustee Antil
Seconded by Trustee Staley
Move to pass Resolution 6125 approving the Abstract of Audited Vouchers dated
2/22/05 in the amount of $191,980.63, and instruct that the Treasurer make payments
thereon.
Trustees Antil, McNeil, Mount, Staley and Tavelli voted YES.
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Report of the Attorney – Attorney Tyler reported on the following:
The Stormwater Committee is hosted by the County with municipal staff members participating.
The Village of Cayuga Heights will have to enact a local law on identifying how to handle
stormwater violations soon. Supt. Cross is checking on the Town of Ithaca’s local law on this.
Regarding the ongoing sign ordinance situation, Atty. Tyler reported that the Village of
Trumansburg just passed an ordinance. He will get specifics for next month.
On the matter of the Wilkinson Estate, a decision was rendered by Judge Mulvey dated February
1, 2005. It was not in our favor. Will the Bolton Point Water Commission vote to appeal the
decision? Atty. Tyler is going to suggest an appeal to lead Atty. John Barney.
Trustee Antil inquired as to how much money is involved. Atty. Tyler answered that he was
informed that the Plaintiff had demanded in excess of $500,000 to settle the matter prior to the
oral court argument in November.. If settlement was made at $600,000, for example, our
portion to pay would be 15% of $600,000 or ($90,000). Bolton Point offered to negotiate
building the road vs. appealing. If the appeal succeeds, Bolton Point would be in a better
position to negotiate. The Water Commission has its regular meeting a week from Thursday
(March 3rd) and will make a decision on whether to appeal then.
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Report of the Clerk
Clerk Manning thanked the Board for their attention to the presentation by Tom Schickel on the
Village Hall. The Board will be wrestling with the decision as it pertains to dollars being spent.
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Page 20 of 20
Other Business
Mayor Lynn brought up the Real Property Assessment situation. What is the basis under which
the County makes these determinations? He has requested information from the Director of
Assessment, Valeria Coggins, and will report back to the Board on this information.
The Budget Meeting of the Board is set for March 12 at 10:00 am at the Fire Station.
Motion by Trustee Mount
Seconded by Trustee Antil
Move to enter Executive Session at 9:50 pm to consult with Counsel in
confidence.
Motion by Trustee Antil
Move to adjourn meeting at 9:57 pm.
Trustees Antil, Collyer, McNeil, Staley and Tavelli voted YES
Respectfully submitted,
Norma R. Manning, Clerk