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HomeMy WebLinkAbout1996-02-1124 February 11, 1996 The Lansing Town Board met in Special Session at Town Hall Board Room at 7:00 P.M. with Supervisor Kirby Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney the Lansing presiding. Present Present Absent Present Present Present Present The Supervisor called the meeting to order and had the clerk take the Roll Call. BOARD RESOLUTION OF TOWN BOARD FOR PERMANENT FINANCING OF THE CONSTRUCTION OF LANSING WATER DISTRICT NO. 17 Bond Resolution dated February 1, 1996. A resolution authorizing the issuance of $2,000,000 serial bonds of the Town of Lansing, New York, for the construction of approximately 28,400 feet of 12" diameter ductile iron water mains and 7,000 feet of 8" diameter ductile iron water mains together with valves, fire hydrants, pump station, a 250,000 gallon water storage tank, telemetry building and other related and necessary appurtenances in and for the Lansing Water District 17 of the Town of Lansing, County of Tompkins, State of New York at a maximum estimated cost of $2,000,000. WHEREAS, after a public hearing was duly called, held and conducted on the 28th day of July, 1993, and a second public hearing having been held on the 11th day of May, 1994, and a third public hearing having been held on the 6th day of July, 1994, and a fourth public hearing having been held on the 3rd day of January, 1996, and the Town Board of the Town of Lansing having adopted a resolution on the 3rd day of January, 1996, authorizing and approving the establishment of Water District No. 17 for the Town of Lansing and the construction of said water district improvements therein, and WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 -A of the Town Law of the State of New York and more particularly in an Order dated January 3rd, 1996, the Town of Lansing, Tompkins County, New York has established Lansing Water District No. 17 of the Town of Lansing, and WHEREAS, the New York State Department of Economic Development has reserved lending authority for $2,000,000 in serial bonds to finance the installation and construction of Water District 17, and WHEREAS, it is now desired to provide for the issuance of $2,000,000 in serial bonds to pay the cost of the installation and construction of Water District 17 in said Town pursuant to the Order of the Town Board, and WHEREAS, the Town and the property District 17 have entered into an Inducement all parties responsible for repayment of th improvement, for the purpose of establishing and repaying a private activity bond of the will be used to fund the installation and District 17, and owners within Water Agreement, executed by e financed cost of the the terms of financing Town of Lansing, which construction of Water WHEREAS, all conditions precedent to the financing of the capital project described in the Town Board Order of January 3rd, 1996, including compliance with the State Environmental Quality Review Act have been performed, February 11, 1996, continued NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lansing, Tompkins County, New York, as follows: Section 1. For the purpose of construction of said improvements as di; proceedings of Lansing Water District No. Lansing, Tompkins County, New York, there be issued, pursuant to the Local Finance ® Town of Lansing, Tompkins County, New York of $2,000,000. paying the cost ;cussed in the of 17 in and for the are hereby author Law, serial bonds in the principal of the oresaid Town of ized to of the amount Section 2. The estimated maximum cost of such object or purpose is $2,000,000. The plan of financing the same consists of the issuance of said serial bonds. Section 3. All other relating to such bonds shall be matters except as provided herein determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in otherwise be in those required Section 52.00 of the Local Finance such form and contain such recitals, by Section 1.00 of the Local Law and shall in addition to Finance Law, as the Supervisor shall determine. exceed 20 years. Section 4. It is paragraph a. of Section the specific object or hereby determined that subdivision 1 of 11.00 of the Local Finance Law applies to purpose of the construction of a water supply system, and that years, computed from the bond or the first bond anticipation hereby further determined the period of date of the issuance note that the maximum usefulness thereof of the first issued therefore. maturity of the is serial It serial 40 is bonds herein authorized will exceed five years, but shall not exceed 20 years. Law, anticipation Section 5. the power to notes in Subject authorize anticipation to the provisions of the Local Finance the issuance of and to sell bond of the issuance and sale of the serial is hereby Such sold consistent bonds herein authorized, including renewals of such notes, delegated to the Supervisor, the chief fiscal officer. notes shall be of such terms, form and contents, and shall in such manner, as may be prescribed by said Supervisor, with the provisions of the Local Finance Law, be Section 6. The full faith and credit of the Town of Lansing, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land in said Lansing Water District No. 17 especially benefitted by said improvements in conformity with the Inducement agreement entered into by the property owners within Water District 17, and such assessment and apportionment is in proportion to the amount of benefit which said improvements shall confer upon the same, and in the manner provided in Section 202 -1 of the Town Law for the assessment of the cost of maintenance in a water district, an amount sufficient to pay the principal and interest of said bonds as the same become due. In the event that the annual collection of such assessments shall be less than the amount required to pay the principal and interest of said bonds as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor who 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 said Town, 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 26 February 11, 1996, continued rule of the State Comptroller applicable to the sale of municipal bonds. to the to the The receipt purchaser application of the Supervisor shall be a full of such bonds, who shall not be obligated of the purchase money. acquittance to see Section 8. The validity of such bonds or any bond anticipation note or notes issued thereon in anticipation of the sale of said bonds pursuant to this bond resolution may be contested only if such obligations were authorized for an object or purpose for which the Town of Lansing, Tompkins County, New York is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or if such obligations were authorized in violation of the provisions of the Constitution of the State of New York. Section 9. question This resolution, which takes effect immediately, shall be published the foregoing in full in the Ithaca Journal, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in the forms provided in Section 81.00 of the Local Finance Law. The question Town of the adoption of of the foregoing resolution was duly put to a vote on roll call which Larry Tvaroha, Councilman resulted as follows: Vote of Town Board . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . (Aye) Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. FINAL ORDER AND RESOLUTION OF THE TOWN BOARD TOWN OF LANSING ESTABLISHING WATER DISTRICT NO. 17 In the matter of the establishment of Lansing Water District No. 17, Town of Lansing, County of Tompkins, State of New York, pursuant to Article 12 -A of the Town Law. WHEREAS, a map, plan and report having been prepared by the Town Engineers, T.G. Miller, P.C., David A. Herrick, being duly licensed by the State of New York, dated June 30, 1993, and revised July 29, 1993; March 30, 1994; and June 24, 1994 in such manner and in such detail as has heretofore been determined by the Town board of the Town of Lansing, relating to the establishment of a proposed water district in the Town; and WHEREAS, such map, plan and report, as revised, have been duly filed in the Town Clerk's Office in said Town; and WHEREAS, said map, plan and report which showed the boundaries of the proposed district, a general plan of the water system and a report of the proposed improvements, the estimated expense of these improvements, the proposed method of financing, which map, plan and report as revised are on file in the Town Clerk's Office for public inspection, and all other matters required by law to be stated; and WHEREAS, the map shows the proposed water district, water mains, fire hydrants and other related and necessary appurtenances; and WHEREAS 28, 1993 at Lansing, New all persons required by having been an Order was passed 8:00 p.m. at the La: York to consider the interested in this law; and an Order Es passed on July 28, 1 on June 30, 1993 designating July ising Middle School cafeteria in plan, map and report and to hear matter and to take action as tablishing Water District No. 17 993, upon the motion, second and 27 February 11, 1996 continued vote of the Lansing Town Board; and a further Order having been passed on April 6, 1994 designating May 11, 1994 at 8:00 p.m. at the Lansing Town Hall in Lansing, New York, to consider the revised plan, map and report and to hear all persons interested in this matter and to take action as required by law; and a further Order having been passed on June 15, 1994, designating July 6, 1994 at 8:15 p.m. at the Lansing Town Hall in Lansing, New York, to consider the further revised plan, map and report and to hear all persons interested in this matter and to take action as required by law,; and an Order establishing Water District 17 having been passed; and WHEREAS, an Order was passed on December 20, 1995, designating January 3, 1996 at 7:00 p.m. at the Lansing Town Hall in Lansing, New York, to consider the plan, map and report and to hear all persons interested in this matter and to take action as required by law and to comply with the requirements of Chapter 397 of the Laws of 1995 for the State of New York; and WHEREAS, said Orders setting public hearing were published and posted as required by law; and WHEREAS, public hearings on the matter were held by the Town Board on July 28, 1993, May 11, 1994, July 6, 1994 and January 3, 1996 and the matter was fully discussed and all interested parties and persons were heard; and WHEREAS, the Town Law related to the creation and the establishment and extension of special improvement districts has been amended by Chapter 397 of the Laws of New York 1995 Regular Session to no longer require the approval of the New York State Office of Audit and Control for water districts where the cost to the typical property, or, if different, the cost to the typical one or two family home, such cost being defined as the amount required to pay for debt service, operations and maintenance and other charges, such as user charges, related to the improvements in the first year following formation of the district or extension or, if greater, in the first year in which both principal and interest on any indebtedness and operation and maintenance costs will be paid, is not above the average cost threshold as computed by the New York State Comptroller; and WHEREAS, as amendments to the different, the cost above the average calculated Town to cost by the Law, the cost the typical threshold as Town Engineer pursuant to the to the typical property, or if one or two family home is not computed by the New York State Comptroller; and the Town law in order to meet the requirements of the amendments hold WHEREAS, a public the Town Board of the Town of Lansing hearing after the effective date of the determined amendments to to the Town law in order to meet the requirements of the amendments to the Town Law such that review and approval of the water district was ® financing by the New York State Department of Audit and Control is not required. Upon the evidence given at the hearing and upon a motion duly made, the following benefitted resolution and are otherwise was unanimously adopted. It is hereby determined that: (b) All (a) property The notices of hearing and were published and posted as required benefitted by law, and are otherwise sufficient. limits (b) All the property and property owners within the proposed district and property are benefitted included within thereby. limits (d) The establishment of this district is in the public (c) All the property and property owners benefitted are included within the limits of the proposed district. (d) The establishment of this district is in the public February 11, 1996, continued interest. IT IS RESOLVED that the district as set forth in the map, plan and report dated June 24, 1994 be approved, that the requested improvement be constructed and that the necessary easements and lands be acquired upon the required funds being made available and provided for. IT IS FURTHER RESOLVED that this district shall be known as Lansing Water District No. 17 in the Town of Lansing and shall be bounded and described as shown on Exhibit A to the Order of the Town Board dated December 20, 1995, specifying the time and place of the public hearing on the establishment of Water District 17. IT including easements, financed (e) the Town of Lansing has met the requirements of the amendments to the Town Law related to the creation and the establishment and extension amended by Chapter 397 of special improvement districts, of the Laws of New York 1995 Regular as Session, such that financing by the New review York and State approval of the water district Department of Audit and Control is not required. IT IS RESOLVED that the district as set forth in the map, plan and report dated June 24, 1994 be approved, that the requested improvement be constructed and that the necessary easements and lands be acquired upon the required funds being made available and provided for. IT IS FURTHER RESOLVED that this district shall be known as Lansing Water District No. 17 in the Town of Lansing and shall be bounded and described as shown on Exhibit A to the Order of the Town Board dated December 20, 1995, specifying the time and place of the public hearing on the establishment of Water District 17. IT including easements, financed IS FURTHER RESOLVED, that the proposed improvement, construction costs, cost of acquisition of lands and legal and engineering fees, and all other expenses, be by the issuance of serial bonds of the Town of Lansing to mature in a number of annual installments not exceeding twenty (20) to the years as may be determined by the Town Board, the cost of constructing Lansing Water District No. 17, to be assessed by the Town Board in accordance with an Inducement Agreement entered into by and between the Town of Lansing and New York State Electric & Gas Corporation. IT IS FURTHER RESOLVED that the Order of the Town Board dated January 3, 1996, establishing Water District 17 was subject to permissive referendum as provided in Town Law, Section 209 -E in the manner provided in Article 7 of the Town Law. IT IS FURTHER RESOLVED that pursuant to Town Law Section 209 - e(4) (a) the Lansing Town Clerk, did state in a Certificate dated February 7, 1996, that within ten (10) days after the adoption of the resolution as aforesaid, the Lansing Town Clerk did, in the same manner as provided for a notice of special election, post and publish a notice setting forth the date of the adoption of the aforesaid resolution together with an abstract of such resolution concisely stating the purpose and effect thereof and that said resolution was adopted subject to a motion for permissive referendum, and that more than 30 days have elapsed since the adoption of said resolution and the posting and publication of the aforesaid notice and no petition protesting against such resolution and requesting that it be submitted to the owners of taxable real property situate in the proposed district for their approval or disapproval has been filed with the Town Clerk. IT IS FURTHER RESOLVED that because the entire cost of the improvement is being funded through payment by New York State Electric & Gas and the total cost to the typical property within the District is zero, the district defined by the amendments to Town forth at Chapter 397 of the Laws of and therefore the establishment of not subject to approval by the New is a low cost district as law Sections 193 and 209 -a, set 1995 for the State of New York, Lansing Water District No. 17 is York State Department of Audit and Control. IT IS FURTHER RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g to file this Final Order with the Tompkins County Clerk and the New York State Office of Audit and Control within ten (10) days after the adoption of this Order. 0 29 February 11, 1996, continued Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: WHEREAS, the Town of Lansing has established and begun construction on Water District 17 within the Town of Lansing, and ® WHEREAS, the Town Engineer has prepared a map, plan and report of the improvements to be constructed within the Water District 17, including detailed specifications of telemetry equipment, and WHEREAS, the water supplier for Water District 17, the Southern Cayuga Lake Intermunicipal Water Commission, by letter dated January 8, 1996, has requested a change in the telemetry equipment to be installed in Water District 17 in order to meet compatibility requirements with new equipment at the Southern Cayuga Lake Intermunicipal Water Commission, at an estimated increased cost of Two Thousand Five Hundred and 00/100 Dollars (2,500.00), and WHEREAS, the proposed changes will bonded indebtedness of Water District not change the 17 and will reduce proposed the long upgrade the telemetry term cost of Water District 17 as the present proposed equipment Water Commission letter, dated January 8, cost of Two Thousand Five Hundred and 1996, 00/100 would have to be replaced sometime after completion of the construction and these future costs will be eliminated by the change order, therefore, it is RESOLVED, change order to that the the Town Engineer is authorized to execute a construction contract for Water District 17 to upgrade the telemetry equipment as outlined in the Souther Cayuga Lake Intermunicipal at an approximate Water Commission letter, dated January 8, cost of Two Thousand Five Hundred and 1996, 00/100 Dollars ($2,500.00). Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Town of Lansing has received a request from the contractor, Highlander Construction, Inc., retained to construct the water system improvements in Water District 17 to substitute Forty Thousand and 00 /100 Dollars ($40,000.00) of cash retainage with an equivalent amount of municipal bearer bonds, and WHEREAS, the municipal bearer bonds to be substituted (The Mount Sinai Union Free School District, Serial #s 248, 251 and 252, A rated; Suffolk County, Serial #s 8421,8422,8423,8424 and 8425, ® BAA rated) provide an equivalent monetary value for the cash retainage to be substituted, and WHEREAS, the above men as substitute collateral to Water Distric Highlander tioned muni collateral protect th, t 17, it is Construction, Inc., has agreed to pledge cipal bearer bonds to the Town of Lansing and such a pledge shall provide sufficient Town under the construction contract for RESOLVED, that Highlander Construction, Inc., in connection with the required retainage for Water District 17, shall be allowed to pledge certain municipal bearer bonds (The Mount Sinai Union Free School District, Serial #s 248, 251 and 252, A rated; Suffolk County, Serial #s 8421, 8422, 8423, 8424 and 8425, BAA rated) as a substitute for Forty Thousand and 00/100 Dollars ($40,000.00) of 30 February 11, 1996, continued cash retainage, in connection with Water District 17, and solicited bids for and such substitution shall be allowed upon the execution of an assignment the low therefor. Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: WHEREAS, the connection with tt the work related Manual containing i general conditions projects, and Town Engineer for the Town of Lansing in .e construction of a water tank as a portion of to Water District 17, has prepared a Project nstructions, specifications, proposed contracts, and supplemental conditions for the construction WHEREAS, the Town of Lansing construction of the water tank within advertised an Invitation To Bid in connection with Water District 17, and solicited bids for the has the construction of the above mentioned water system improvements, and WHEREAS, the Town received 4 bids for the pre cast concrete water tank to be completed, the low bidder being M. Hubbard Construction, Inc., of 175 East Genesee St., Skaneatles, New York, in the amount of Two Hundred Thirty Five Thousand and 00/100 Dollars ($235,000.00), it is RESOLVED, that the Town Board of the Town of Lansing makes a notice of Award and accepts the bid proposal received from M. Hubbard Construction, Inc., of 175 East Genesee St., Skaneatles, New York, in the amount of Two Hundred Thirty Five Thousand and 00/100 Dollars ($235,000.00), for the construction of a water tank to be completed in Water District 17, subject to the completion of contract documents and presentation of proof of insurance and bonding satisfactory to the Town Engineer and Attorney, and it is FURTHER RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to execute the contract documents on behalf of the Town of Lansing. Vote of Town Board (Abstained) Herbert Beckwith, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor Meeting adjourned at the call of the Supervisor at 7:30 P.M. 1 • n