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HomeMy WebLinkAbout2004-09-1516-1 REGULAR TOWN BOARD MEETING Date: September 15, 2004 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — 7:05 p.m. - Prior Notice Law 5. Public Hearing — 7:10 p.m. — East Hill Tank and Transmission Main Project 6. Public Hearing — 7:15 p.m. — Bolton Point Office and Laboratory Expansion Project 7. Privilege of the Floor — a) Lansing Youth Services b) Ruth Hopkins — Asbury Road Petition 8. Highway Superintendent's Report 9. Code Enforcement Officer's Report 10. Engineer's Report 11. Approve Audit 12. Board Member's Reports 13. Executive Session (if needed) 14. Adjourn Meeting 162 Town of Lansing Regular Board Meeting September 15, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present (8:30) Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Jack French, Dave Herrick, Coral Reeves, Rod Kearl, Gerherd Schmidt, Lou & Linda Carvalho, Paul Constantine, Richard Meagher, Glenn Swanson, Tim Fish, Tom & Elsie Todd, Micaela Cook, Dawn Kleeschulte, Roger & Ruth Hopkins, Marian Lane, Caroline Rasmussen, Kristin Armstrong, Kim Nicholson, Monika Roth, and several other residents. The Supervisor lead all present in the Pledge of Allegiance. PUBLIC HEARING — PRIOR NOTICE LAW 04 -150 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: p.m. RESOLVED, that the Public Hearing on the Prior Notice Law be opened at 7:05 Carried Mr. Krogh gave a summary of the Town of Lansing's Prior Notice Law. 04 -151 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED that all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7:07 p.m. Carried RESOLUTION 04 -152 Resolution Adopting Local Law Number 6 of 2004: Prior Notice Law At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie 163 September 15, 2004, continued Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town of Lansing has had in effect a prior notice law since 1977, as amended in 1979, 1988 and 1995, and desires to update the same to keep pace with changes in the law and to clarify its Local Law; and WHEREAS, said proposed Local Law proposes to provide for the written notification of defects and obstructions on and to certain Town property in the Town of Lansing, and requires that the Town of Lansing be on notice of certain defects or obstructions before the Town of Lansing may be required to answer in liability for such defects or obstructions, thereby protecting the ability of the Town of Lansing to preserve and protect public money with which it is entrusted, and to enable to Town to undertake regular, scheduled, or special maintenance, construction and repair without exposure to unnecessary liabilities, and WHEREAS, said proposed Local Law is proposed to supersede and repeal prior Local Law(s) as follows - Local Law #1 of 1977, and Local Law No. 1 of 1979 (as amended by Local Law No. 2 of 1988, and as further amended by Local Law No. 4 of 1995); and WHEREAS, Notice of a Public Hearing was duly posted, advertised, and /or published in accord with law, and a public hearing was duly held upon September 15, 2004 at 7:05 p.m., at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York, whereas all persons interested in the subject hereof had an opportunity to speak and /or present evidence in favor of or against the adoption of such proposed Local Law, or any provision therein; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 6 of 2004, as set forth in its entirety below: TOWN OF LANSING LOCAL LAW NUMBER 6 OF 2004 TOWN OF LANSING PRIOR NOTICE LAW NOTICE OF DEFECTS TO TOWN PROPERTY REQUIRED History: Derived from Local Law #1 of 1977, Local Law No. 1 of 1979, as amended by Local Law No. 2 of 1988, as further amended by Local Law No. 4 of 1995. SECTION 1: AUTHORITY - The Town Board of the Town of Lansing under, and by virtue of and pursuant to the authority granted by the New York Municipal Home Rule Law, the Town Law, and the Highway Law does hereby enacts this Local Law Number 6 of 2004. 164 September 15, 2004, continued SECTION 2: TITLE - This Local Law is hereby to be known as Local Law Number 6 of 2004 (herein "Local Law "), entitled the "Town of Lansing Prior Notice Law ". SECTION 3: PURPOSE - This Local Law provides for the written notification of defects and obstructions on and to certain Town property in the Town of Lansing, and requires that the Town of Lansing be on notice of certain defects or obstructions before the Town of Lansing may be required to answer in liability for such defects or obstructions, thereby protecting the ability of the Town of Lansing to preserve and protect public money with which it is entrusted, and to enable to Town to undertake regular, scheduled, or special maintenance, construction and repair without exposure to unnecessary liabilities. SECTION 4: REPEAL - Local Law #1 of 1977, and Local Law No. 1 of 1979 (as amended by Local Law No. 2 of 1988, and as further amended by Local Law No. 4 of 1995) be and hereby are repealed and replaced by this Local Law. SECTION 5: DEFINITIONS - The following words and phrases shall have the following meanings under this Local Law: A. "Defective" shall mean having any defect, or being out of repair, unsafe, dangerous or obstructed. B. "Town" shall mean the Town of Lansing, its employees, agents, hired contractors, Supervisor, Deputy Supervisor, clerks, elected officials, all committees, departments and Superintendents, and each, any, and all improvement districts. C. "Town Structure Or Device" shall mean any highway, road, street, bridge, culvert, ditch, highway marking, sign, sidewalk, right -of- way (including all easements), crosswalk, path, sewer, sewer appurtenance, manhole, water line, water tower, water tank, pump house, water system appurtenance, stormwater drainage device or appurtenance, pond, retention basin, fence, gate, park, park facility, playground, playground equipment, lighthouse, marina, boat dock, boat launch, beach, or swimming area, or other object owned, built, or maintained by the Town. SECTION 6: PRIOR NOTICE - No civil action shall be maintained against the Town for damages or injuries to person or property (or any rights therein) sustained by reason of any Defective Town Structure Or Device unless written notice of such Defective Town Structure Or Device was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the Defective Town Structure Or Device complained of, or, in the absence of such notice, unless such Defective Town Structure Or Device existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or injuries to person or property (or any rights therein) sustained solely in consequence of the existence of snow or ice upon any Town Structure Or Device unless written notice thereof, specifying the particular place, I �; 165 September, 15, 2004, continued was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. SECTION 7: NOTICE TO TOWN CLERK - Each Town Department Supervisor or Superintendent shall transmit in writing to the Town Clerk within ten days after the receipt thereof all written notices received by the Department Supervisor or Superintendent. SECTION 8: RECORD BOOK - The Town Clerk shall keep an indexed record, in a separate book, of all written notices which the Town Clerk receives of the existence of a Defective Town Structure Or Device, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. All such written notices shall be indexed according to the location of the alleged Defective, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received. SECTION 9: NON - WAIVER - Nothing contained in this Local Law shall: (A) be held to repeal, modify, or waive any existing requirement or statute of limitations which is or may be applicable to any cause of action brought by any person (or entity) against the Town, but, on the contrary, shall be held to be additional requirements applicable to the filing, imposition, assertion, or maintenance of any such action; (B) be held to modify any existing rule or law relative to any question of the Town's negligence; (C) impose any greater duty or obligation upon the Town than the duties and obligations stated herein; (D) modify or displace any similar or other notice or procedure required by law, whether as a condition precedent to the validity of, or the filing of, any claim. SECTION 10: SEVERABILITY - If any clause, sentence, phrase, paragraph, or any other part of this Local Law is, for any reason, finally adjudged or held by a court of competent jurisdiction to be invalid or unenforceable, such judgment or holding shall not act to affect, impair, or invalidate the remainder of this Local Law, which shall remain in force and effect, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or any other part of this Local Law that is directly involved in the action or controversy in which such judgment or holding shall have been rendered. SECTION 11 PUBLI EFFECT - This Local Law shall take effect immediately. G — T HILL TANK & MI-1 04 -153 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the East Hill Tank and Transmission Main Project be opened at 7:10 p.m. Carried. Mr. Farkas gave an overview of the project. 04 -154 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox. 166 September 15, 2004, continued RESOLVED, that all persons desiring to be heard having been heard, the Public Hearing was terminated at 7:12 p.m. Carried. RESOLUTION 04 -155 Resolution Authorizing the Construction of the Southern Cayuga Lake Intermunicipal Water 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. At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town Board of Town of Lansing, in conjunction with the Towns of Dryden and Ithaca and the Villages of Cayuga Heights and 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 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 167 September 15, 2004, continued WHEREAS, a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2004 East Hill Tank and Water Main Project, the authorization of serial bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Improvement was held on the Fifteenth day of September 2004, at 7:05 p.m., all in accordance with applicable provisions of General Municipal Law, Local Finance Law, and Town Law, at which time all persons interested in the subject thereof were given an opportunity to be heard; 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; and WHEREAS, upon due consideration and deliberation upon the foregoing, the Town Board of the Town of Lansing has RESOLVED, 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 Town of Lansing hereby authorizes the SCLIWC 2004 East Hill Tank and Water Main Project, consisting of construction of a 3,000,000 gallon pre- stressed 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 Articles 12, 12 -A, and /or 12 -C and Article 5 -G of the General Municipal Law. Section 2. The Town of Lansing hereby authorizes the Supervisor, on behalf of the Town, to execute the Intermunicipal Agreement Supplement pursuant to which the Town authorizes the SCLIWC 2004 East Hill Tank and Water Main Project, 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 Town of Lansing, subject to the approval of the voters of the Town of Lansing if a referendum is requested, hereby authorizes the expenditure of up to $23200,000.00 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, 166 September 15, 2004, continued pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York as amended and Title 1 A 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 Town of Dryden 4.557 Town of Ithaca 44.031 Town of Lansing 18.186 Village of Lansing 21.941 Village of Cayuga Heights 11.265 ALLOCATED PORTION OF DEBT $ 68,655.00 $660,465.00 $272,790.00 $3295115.00 $1685975.00 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 I 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 herein above 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: 169 September 15, 2004, continued 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. 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 17© September 15, 2004, continued 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 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 171. September 15, 2004, continued 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 Town Board, the Town Clerk shall, as set forth in Section 90 of the Town 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 Town 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 Town. 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 Town Law Article 12, 12 -A and /or 12 -C and Local Finance Law Section 35. SUPPLEMENT TO AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION, FINANCING AND OPERATION OF AN INTER - MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM RELATING TO 2003 PLANT EXPANSION PROJECT THIS SUPPLEMENT TO AGREEMENT of municipal cooperation, dated as of the 16`" day of August, 2004, by and among the Town of Dryden, Tompkins County, New York, on its own behalf and on behalf of all of the water districts in the Town of Dryden served by the Southern Cayuga Intermunicipal Water Commission ( "SCLIWC ") water treatment plant and transmission mains (the Town of Dryden and such districts are hereinafter collectively referred to as "Dryden "), the Town of Ithaca, Tompkins County, New York (hereinafter referred to as "Ithaca "), the Town of Lansing, Tompkins County, New York, on its own behalf and on behalf of the Town of Lansing Consolidated Water District (the Town of Lansing and such district are hereinafter collectively referred to as "Town of Lansing "), the Village of Lansing, Tompkins County, New York (hereinafter referred to as "Village of Lansing ") and the Village of Cayuga Heights, Tompkins County, New York (hereinafter referred to as "Cayuga Heights "), all of the parties hereto sometimes collectively referred to herein as the "municipalities" or individually as a "municipality." WITNESSETH WHEREAS, Dryden, Ithaca, Town of Lansing (acting at that time for Lansing Water District 1, McKinney's Water District and for itself) and Cayuga Heights, prior to the incorporation of the Village of Lansing, entered into an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of February 25, 1974 (the "Original Agreement "), which Original Agreement was modified by a Modification of Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of December 16, 1974, and by a Written Agreement as to Water Rates Schedule dated as of December 1, 1976, and by a Amended, Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water 172 September 15, 2004, continued Supply and Transmission System dated as of June 5, 1979 and by further amendments adopted thereafter from time to time (the foregoing agreements are together referred to hereinafter as the "Existing Agreement "); and WHEREAS, in accordance with the Existing Agreement, the Villages of Cayuga Heights and Lansing and the Towns of Dryden, Ithaca, and Lansing (collectively the "Municipalities ") are members of the Southern Cayuga Lake Intermunicipal Water Commission ( "SCLIWC "); and WHEREAS, SCLIWC and the Municipalities have heretofore determined that there existed a need to expand and remodel certain areas of the SCLIWC water treatment plant, as more fully described below (the "SCLIWC 2003 Plant Expansion Project "); and WHEREAS, the SCLIWC 2003 Plant Expansion Project was duly authorized by the Municipalities and by an amendment to the Existing Agreement executed by all of the Municipalities, at a cost originally anticipated as being no more than $2,310,835.00; and WHEREAS, as a result of higher than expected bids and the need for a larger contingency reserve, the Engineers for SCLIWC, and SCLIWC itself, have recommended that the maximum cost of the SCLIWC 2003 Plant Expansion Project be increased to $2,600,000; and WHEREAS, as a result of the increased costs and the need to use portions of surplus funds originally planned to be used for the SCLIWC 2003 Plant Expansion Project for other SCLIWC capital projects, SCLIWC is recommending that the indebtedness to be incurred in connection with the SCLIWC 2003 Plant Expansion Project be increased by $500.000; and WHEREAS, the Municipalities concur in the recommendations of SCLIWC with respect to such increases; and WHEREAS, the SCLIWC 2003 Plant Expansion Project consists substantially of the following: 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 facilities laboratory to meet increased water quality monitoring requirements, and additional fire suppression systems in the new and renovated 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 amount necessary to construct the SCLIWC 2003 Plant Expansion Project is now estimated as being Two Million Six Hundred Thousand and 00 /100 ($2,600,000.00) Dollars; and WHEREAS, the municipalities intend to finance the expense of said construction by issuance of a joint statutory installment bond not to exceed $1,500,000 to mature in annual installments over a period not to exceed twenty (20) years, such bond to be paid from water rent revenue receipts collected from all users of the SCLIWC water supply facility in proportion to the amount of water consumed, and the balance of said cost to be paid out of surplus funds presently held by SCLIWC; and 173 September 15, 2004, continued WHEREAS, it is the intention of the municipalities and SCLIWC that SCLIWC contract for and oversee the construction of the aforesaid improvements and administer the operation, maintenance and repair of said improvements, and that the municipalities delegate to SCLIWC all such power and authority as is necessary in order to accomplish same; and WHEREAS, the municipalities wish to supplement the Existing Agreement to reflect the, foregoing circumstances and to set forth the terms and provisions of their agreement concerning the development, implementation, construction, operation, administration, maintenance, repair and financing of the SCLIWC 200' ) Plant Expansion Project. NOW, THEREFORE, it is agreed among the parties hereto as follows: 1. SCLIWC, in so far as is permitted by law, shall have all of the powers and duties delegated to SCLIWC by the municipalities as stated in Section 1 of the Original Agreement in regard to Projects I and II, as defined therein, in connection with all aspects of the development, implementation, construction, operation, administration, financing, maintenance and repair of the SCLIWC 2003 Plant Expansion Project. Without limiting the foregoing, SCLIWC, acting through its duly elected Chairperson or Vice - Chairperson, shall have the authority to contract, on behalf of the municipalities, for the construction of the SCLIWC 2003 Plant Expansion Project and to solicit bids and enter into construction contracts for same, and the Treasurer of SCLIWC shall have all the authorities of a chief financial officer of any member municipality in connection with the issuance of indebtedness including the authority to negotiate for a private sale of a statutory installment note on behalf of the municipalities, and the authority to arrange for the issuance of any bond anticipation notes or similar instruments. 2. (a) The costs of construction of the SCLIWC 2003 Plant Expansion Project shall be financed by the issuance of not more than $1,500,000 of joint indebtedness for such project for which the joint faith and credit of the municipalities shall be pledged, and the balance of the amounts not financed by bonds shall be paid out of SCLIWC surplus funds. The obligation for such indebtedness shall be allocated among the parties hereto as stated below. Each of the municipalities shall take all steps necessary to provide for repayment of such obligations, including, without limitation, authorization of appropriate resolutions by each of the respective governing boards of each of the municipalities, raising of the appropriate funds by taxation or otherwise, and all related matters. It is the intention of the municipalities that the payment of principal and interest on said obligations shall be made by SCLIWC from its operating revenues as generated by the collection of water rents at the current, uniform water rates, to the extent that such revenues are available during the payment term. If the current operating revenues are insufficient in any one year to make the payments of principal and interest, each of the municipalities shall pay its proportionate share of the principal and interest in proportion to the amount of water consumed in each municipality during the last twelve -month period for which figures are available as of September 15 each year. Until SCLIWC determines otherwise, the allocation shall be in accordance with the schedule provided below. Such payment shall be made to the Treasurer of SCLIWC at such times as SCLIWC shall determine, in order that payments are timely made on the principal and interest of the indebtedness incurred to finance the SCLIWC 2003 Plant Expansion Project. The funds so received by the Treasurer of SCLIWC shall be paid to the bond holders or to the paying agent for the bond holders. (b) For the purposes of debt allocation as required by the Local Finance Law, the joint debt for the financing of the SCLIWC 2003 Plant Expansion Project shall be allocated annually among the municipalities in proportion to the water consumed by each of them from the SCLIWC water supply facilities during the last twelve (12) month period for which figures are available as of September 15 of each year. The allocation shall be determined by SCLIWC based upon such figures. Until SCLIWC determines otherwise, the debt allocation shall be as follows: lim September 15, 2004, continued NAME OF MUNICIPALITY Dryden Ithaca Town of Lansing Village of Lansing Cayuga Heights PERCENTAGE OF DEBT 4.577 44.031 18.186 21.941 11.265 Annually, on or before September 15 of each year, SCLIWC shall prepare a budget for the operation and maintenance costs of the SCLIWC 2003 Plant Expansion Project which shall be filed with SCLIWC's Treasurer and with the fiscal officers of each of the municipalities. SCLIWC shall also ascertain the amounts of water from the SCLIWC water supply facilities used in each municipality during the last twelve (12) month period preceding September 15 for which such figures are available. The operating costs of the SCLIWC 2003 Plant Expansion Project shall be paid out of the operating revenues of SCLIWC. If such operating revenues are insufficient to pay the operating costs of the Project, SCLIWC shall allocate the costs of operation and maintenance of the SCLIWC 2003 Plant Expansion Project for the next year among the municipalities based upon such water usage during such preceding twelve (12) month period. The municipalities shall then pay their respective shares of such costs to the Treasurer of SCLIWC, who shall in turn pay the operating and maintenance costs out of the funds so received. The payments due to the Treasurer shall be made on January 1 following the September 15 date upon which the calculation is based, unless SCLIWC and the Treasurer consent in writing to a different date. Until SCLIWC determines otherwise, the allocation of the operating costs shall be in the proportions set forth in paragraph 2(b) above. 4. Except as expressly stated to the contrary in this Agreement, each of the terms and provisions of the Existing Agreement in regard to the Projects as defined therein, shall apply to the SCLIWC 2003d Plant Expansion Project and to the relationship among t11e municipalities in connection with the SCLIWC 2003 Plant Expansion Project. Except as expressly amended by the terms and provisions of this Agreement, the Existing Agreement shall remain in full force and effect and shall be binding upon the parties thereto in accordance with the terms thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year set forth above. SCHEDULE A WATER DISTRICTS IN THE TOWN OF DRYDEN August 1, 2004 Dryden Water District #1 -Varna area Snyder Hill Water District Monkey Run Water District Hall Road Water District Turkey Hill Water District TOM TODD — COUNTY REPRESENTATIVE Mr. Todd informed the Board and the Public that was present information concerning the County Budget. Mr. Todd stated that the Budget deliberations have started. The Board has changed the format. In early June the Board asked the County Administrator, Steve Whicher to start the budget and come forth with a 3% increase 175 September 15, 2004, continued using the 2003 Tax Roll. Before the Department Heads were asked to present their budgets. The 2004 assessment is up 11% Countywide. If the Board approves the 3% increase it would result in a decrease in the tax rate of 7 %. Mr. Todd stated that there will be changes made in the budget that was presented. Mr. Todd informed the Board if there is a change in the tax rate of 1%, up or down it moves the tax revenue by $310,000.00. Mr. Todd stated that there is a shortage on capital and at some point this will have to be increased. Mr. Todd will be back in October to give a recap of what the budget is going to be. PUBLIC HEARING — BOLTON POINT OFFICE and LABORATORY EXPANSION PROJECT 04 -156 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Bolton Point Office and Laboratory Expansion Project opens at 7:15 p.m. Carried. Supervisor Farkas gave an overview of the project. 04 -157 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7:20 p.m. Carried. RESOLUTION 04 -158 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. At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing, in conjunction with the Towns of Dryden and Ithaca and the Villages of Cayuga Heights and 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 176 September 15, 2004, continued 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 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 renovated 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 W &A September 15, 2004, continued WHEREAS, a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2003 Plant Expansion Improvement, the increased expenditure of funds for the Improvement, the increase in the amount of joint and several serial bonds to be issued for a portion of the cost of such Improvement, the authorization of serial bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Improvement was held on the Fifteenth day of September 2004, at 7:15 p.m., all in accordance with applicable provisions of General Municipal Law, Local Finance Law, and Town Law, at which time all persons interested in the subject thereof were given an opportunity to be heard; 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 bonds to be issued in connection with the Improvement, and the execution of the Intermunicipal Agreement Supplement authorizing such increases; WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, 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 Town of Lansing 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 Articles 12, 12 -A, and /or 12 -C of the Town Law and Article 5 -G of the General Municipal Law. Section 2. The Town of Lansing hereby authorizes the Supervisor, on behalf of the Town, to execute the Intermunicipal Agreement Supplement pursuant to which the Town 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 Town of Lansing, subject to the approval of the voters of the Town of Lansing 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 178 September 15, 2004, continued (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 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 Town of Dryden 4.577 Town of Ithaca 44.031 Town of Lansing 18.186 Village of Lansing 21.941 Village of Cayuga Heights 11.265 PERCENTAGE OF DEBT ALLOCATED PORTION OF DEBT $ 68,655.00 $660,465.00 $272,790.00 $3295115.00 $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 herein above 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: 179 September 15, 2004, continued (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, 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 180 September 15, 2004, continued 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 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 181 September 15, 2004, continued 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 Town Board, the Town Clerk shall, as set forth in Section 90 of the Town 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 Town Clerk of the Town of Lansing, 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 Town. 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 Town Law Article 12, 12 -A and /or 12 -c, and Local Finance Law Section 35. PRIVILEGE OF THE FLOOR Lansing Youth Services: Micaela Cook, Program Manager for the Lansing Youth Services presented the Board with a handout and gave a presentation of the programs in the Lansing Middle School. She informed the Board that she plans a variety of after - school, in- school, weekend, and summer programs for the children of Lansing to enjoy. These programs are dedicated to providing opportunities to those students who are not involved in pre- existing clubs or sports. These students are offered a wide array of programs designed to increase social skills and self - esteem and to provide positive adult role models. Some of the programs offered are, young filmmakers, mentoring, tutoring, primitive pursuits, girls' issues, website wizards, crazy cooking, animal adventures, spaghetti super, bicycle repair, babysitter training, and many others. The newest addition was the outdoors family movie night at the ballfields. Dawn Kleeschulte, Program Manager for the Lansing High School Youth Services gave a presentation and handout to the Board. She reviewed the Youth Employment Statistics with the Board. There are currently 18 workers that were direct referrals from the Middle and /or High School guidance counselors, the High School Principal, school psychologist, teachers and /or ACE and Liberty Partnership Program Directors. The places of employment are the High School, Middle School and Elementary Libraries, Art Department, Custodial Staff, School Tutor, District Bus Garage, Lansing Parks & Recreation, Elementary and Middle School After School Child Care Programs are just a few of employment places. There is also a Lansing Youth Commission that meets once a month. The Commission is looking for volunteers. Both Commission and Program Directors asked for the Board's continued support. Supervisor Farkas stated that the Board will continue supporting the Lansing Youth Services and the Board agreed that this is a great program. 182 September 15, 2004, continued Roller and Ruth Hopkins: Mr. Hopkins of 163 Asbury Road presented the Board with a petition for traffic control and signage on Asbury Road. Mr. Hopkins stated that copies have been sent to Tom Todd, County Representative, County Highway Department and Lansing Highway Department. The residents on Asbury Road are asking the Town Board for their support of their petition. The residents are requesting the following: 1. Restrict tonnage on Asbury Road to 4 tons. 2. Place speed restrictions at 35 mph. 3. Place speed restrictions on blind corners at 25 mph. 4. Place Children at Play signs at several points nearest the families on the road. 5. Place a four way stop at the corner of Triphammer Terrace and Asbury Road. Highway Superintendent, Jack French informed the residents that he has forwarded his copy to the County. Mr. French stated that this is a County Road and the County will forward the request to New York State for their recommendation. The Town Board encouraged the residents to attend a County Board meeting. After further discussion the following resolution was hereby adopted: RESOLUTION 04 -159 Resolution Approving and Supporting Petition of Asbury Road Residents Requesting Traffic Control At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, numerous residents of the Town of Lansing who live upon and near Asbury Road appeared in support of a widely supported petition to establish traffic controls upon Asbury Road; and WHEREAS, Asbury Road is mainly residential in character, with numerous resident children, with numerous homes near the highway, blind curves, a lack of road shoulders, limited sight distances, and dangerous intersections; and WHEREAS, there are currently no posted weight or speed limits upon Asbury Road, a county road; and WHEREAS, the Town Board is convinced that the issues raised by the petition raise serious public safety concerns; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town Board of the Town of Lansing wholly supports the petition of its residents to establish traffic controls upon Asbury Road. AlZriculture Lands Monika Roth from the Agricultural and Farmland Protection Board addressed the Board asking for them to support the applications of farmers to preserve and protect agriculture land within the Town of Lansing. 183 September 15, 2004, continued Ms. Roth stated that the Municipality has to be the applicant. Ms. Roth explained the program. The Board asked Ms. Roth to further educate the general community on the right to farm laws and to protect the farmland. After further discussion the following resolution was hereby adopted: RESOLUTION 04 -160 Resolution Approving and Authorizing the Town of Lansing to Act as Applicant for State and Federal Grant and Related Programs for Agricultural Preservation and Agricultural Preservation Easements Through, inter alia, the Agriculture and Farmland Protection Board At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, State and Federal grants and related Programs are available to support and protect agricultural areas and productive farms, including through the Agriculture and Farmland Protection Board; and WHEREAS, in conjunction with the Finger Lakes Land Trust ( "FLLT "), and at the request of residents of the Town, the Town is considering being the applicant for funding for such programs; and WHEREAS, after examination and study thereupon, the Town of Lansing has determined that it is in the best interests of the Town to preserve agricultural areas and productive farming in the Town as, inter alia, productive farming is a viable and beneficial use of land, and the preservation and protection of agriculture and farming prevents high density development and sprawl, and protection of agriculture and farming preserves and protects groundwater and prevents sedimentation and erosion of watercourses, and protection of agriculture and farming helps preserve valuable unique natural areas, and related flora and fauna, and protection of agriculture and farming helps protect vital elements and geographic features in the Cayuga Lake Watershed; and WHEREAS, the FLLT will act as the program monitor at no cost to the Town of Lansing (though the Town will maintain the easements), and there is no expenditure of public funds for acting as the Applicant such as would require a public hearing or referendum; and WHEREAS, the farms proposed to be submitted for such grants and the application of the farmland program within the Town of Lansing are consistent with the Town of Lansing's Comprehensive Plan, and are located within Rural and Agriculturally zoned areas; and WHEREAS, the northern end of the Town of Lansing has productive farming operations, excellent soil characteristics, and is geographically connected with a similar farming region in southern Cayuga County; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town of Lansing be and hereby is authorized to act as the Applicant for any such grants or programs to preserve agricultural areas and productive farming; and it is further M September 15, 2004, continued RESOLVED, that the Town Supervisor and/or Deputy Town Supervisor individually be and are hereby authorized to (1) decide which programs to pursue or apply for, and (2) execute such applications, grants, easements, agreements, or other documents as may be necessary to make such applications, process grant funds, or to further effectuate the above purposes (but, if any such decision requires the expenditure of non - nominal public funds, the same shall be referred to the whole Town Board for appropriate action). Brickyard Road Petition Mr. Glenn Swanson of 57 Brickyard Road presented a petition to the Board requesting a reduction of the speed limit on said road. Mr. Swanson asked for the Board's support concerning the resident's request. After further discussion the following resolution was hereby adopted. RESOLUTION 04 461 Resolution Approving and Supporting Petition of Brickyard Hill Road Residents Requesting Traffic Control At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, numerous residents of the Town of Lansing who live upon and near Brickyard Hill Road have supported and /or signed a petition to establish traffic controls upon said Brickyard Hill Road; and WHEREAS, Brickyard Hill Road is mainly residential in character, with numerous resident children, hills, blind curves, poor drainage, limited sight distances, and dangerous intersections; and WHEREAS, there are currently no posted weight or speed limits upon Brickyard Hill Road, a county road; and WHEREAS, said road's proximity to the Lansing Central Schools results in significant child and pedestrian traffic upon such road, and increased vehicular traffic during the school year; and WHEREAS, the adjoining roadways are regulated in that Route 34 -B, a State Highway, has posted speed limits of 35 and 45 MPH, and Ludlowville Road has a posted speed limit of 25 MPH; and WHEREAS, the Town Board is convinced that the issues raised by the petition raise serious public safety concerns; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town Board of the Town of Lansing wholly supports the petition of its residents to establish traffic controls upon Brickyard Hill Road. 185 September 15, 2004, continued HIGHWAY SUPERINTENDENT'S REPORT Highway Superintendent, Jack French reported on the following: Hot Mix Paving — The Town has just completed stone and oiling Holden, Munson, Luce, Ford Hill, Beach, Brooks Hill, and Davis Road. Mr. French had some residents on Luce Road complain that their road was not being hot mixed paved instead of the stone and oiling. Mr. French informed the Board that it didn't need hot mixed paving. It had a few cracks in it and should last for another 7 to 10 years with the stone and oil. East Shore Drive Watermain Break - Two weeks ago there was a watermain break on East Shore Drive. The Town Highway Department worked from 8:00 a.m. 'til 1:00 a.m. repairing the break. The waterline was imbedded in stone and in the process Bolton Point broke a valve. The Village of Lansing received the bill. County Paving — The County paved the upper part of Buck Road. Mr. French hopes they will put the shoulders on Buck Road when they do Asbury Road. Global Phoenix - Global Phoenix has given Town Engineer, Dave Herrick a preliminary sketch of the retention pond and draft maintenance schedule. Municipal Auction - The Municipal Auction was held on September 11 t" at the Highway Garage. Mr. French stated that there were a 150 additional numbers handed out then prior auctions. The official intake from the auction has not yet been received. Kate Hackett - A preliminary report should be received sometime next week on the watershed for Ludlowville and Salmon Creek Road. Drainage Problems — The Highway Department has been dealing with drainage problems throughout the Town. Intersection of Collins & Asbury Road - Mr. Christopher has been approached by a resident concerning the visibility at this intersection. Mr. French stated that this was a County Road. Mr. French stated that the County has been informed of this issue for the last five years. Two years ago they did cut brush away and this has also been addressed with the landowner. Aspen Way - The Placid Terrace section is completed and has passed inspection. Town Attorney, Guy Krogh has not received the necessary paperwork to dedicate the road. CODE ENFORCEMENT OFFICER'S REPORT Code Enforcement Officer, Dick Platt was attending a conference and was absent from the meeting. The monthly report was given to Board members. The month of August they were up 3 permits but down in project costs from last year by $264,392.10. TOWN ENGINEER'S REPORT Request for Extension of Towns Consolidated Water Boundary — The Town has a request for a backlot extension from Timothy and Nancy Fish on Atwater Road. The letter from the adjacent landowner would provide Mr. Fish with a 10' wide easement to allow the extension of two service lines from Asbury Road across her property to a proposed lot and proposed subdivided lot. After further discussion the following Public Hearing was scheduled: ■� 1� • September 15, 2004, continued RESOLUTION 04 -162 Resolution Establishin$t Public Hearing Regarding Petition of Timothy & Nancy Fish for a Backlot Extension and Change in Boundary of the Consolidated Watei District At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Timothy and Nancy Fish (the "Petitioners ") have petitioned for a backlot extension of the Town of Lansing Consolidated Water District (the "CWD "); and WHEREAS, it appears that the request is in compliance with required Town procedures, and the Town Engineer having expressed no special concern, and the Petitioners having acknowledged that they will be responsible for all costs of establishing and installing such extension; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that a Public Hearing be and is hereby established for consideration of amendment of the boundaries of the CWD for 7:10 p.m. upon October 20, 2004 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published and posted in accord with law Water Pressure Fluctuations — The Bolton Point modifications in the PRV needle valves have made sustained improvement in reducing the earlier fluctuations. An Arrowood Drive resident has reported that none of the previous conditions have been experienced in the last three weeks. Sanitary Sewer System Planning and Maintenance — Mr. Herrick reviewed the outcome of the landowners that attended the two sessions of meetings at 4:00 and 7:00 on September 9, 2004 at the Community Center. The landowners were asked to sign a consent form allowing the engineer's and scientist to get access to the property. Eight or nine of the 16 residents that attended signed the form, there are still several to obtain. Mr. Park, owner of lots in Cayuga Hills is not allowing access to his property. Mr. Park is being asked to reconsider. Stormwater Planning - There is no progress report on the Drainage District Creation. Stormwater .and Erosion Control Law — According to Kate Hackett, the Water Resource Council is expected to release a draft local law within 8 weeks for use by MS4 communities in developing their ordinances. Mr. Herrick suggested that the Town invest time to pass once through the law developed by Town Attorney, Guy Krogh and then wait to review the contents of the County document. Mr. Krogh stated that it says that you should adopt as part of this program the NYS Model Erosion and Sediment and Control Ordinance. Mr. Krogh provided a copy of the NYS Model Erosion and Sediment Control Ordinance to Mr. Herrick and asked him to 1$l September 15, 2004, continued review it. When Mr. Krogh went through this ordinance it looked to be redundant of the Stormwater Ordinance itself. Mr. Krogh asked Mr. Herrick to review this to see if there is something different that is targeted by erosion and sediment control versus stormwater. Lakeview Subdivision, Phase 2 — The visual inspection of the completed road appears satisfactory. The preparation of dedication documents should be finalized before actual acceptance. RESTORATION OF TRAFFIC FINE REVENUE Mr. Farkas stated that there is a request from the Association of Towns in regards to the collection of traffic fines and supporting restoration revenue. After further discussion Mr. Farkas asked for a motion to adopt the following resolution. RESOLUTION 04 -163 Resolution Supporting Restoration of Traffic Fine Revenue At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Vehicle and Traffic Law Section 1803 governs the disposition of fines and penalties collected in connection with convictions pursuant to the Vehicle and Traffic Law; and WHEREAS, Chapter 56 of the Laws of 2004, effective August 20, 2004, changed the distribution of the fines, taking them away from municipalities and placing them in the State Treasury; and WHEREAS, this change in the fine and penalties distribution formula will result in a loss to local taxpayers of more than $20 million in fine money — money that has historically been used to fund justice court operations; and WHEREAS, the Town of Lansing will lose substantial revenue for such change; and WHEREAS, this State Budget provision with its immediate effective date will result in significant 2004 deficits, and will negatively impact town property tax rates for 2005; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town of Lansing calls for the restoration of the original fine distribution formula in order to provide towns with necessary revenues to fund justice court operations; and it is further RESOLVED, that the Town of Lansing urges the passage of legislation introduced by Senator Bonacic (S. 7757) and Assemblyman Cahill which amends the Vehicle and Traffic Law to restore this source of revenue to local governments; and it is further RESOLVED, that a copy of this Resolution be sent to the Governor George E. Pataki; Joseph L. Bruno, Majority Leader of the Senate; Sheldon Silver, Speaker of the Assembly; Senator Elizabeth Little, Chair of the Local Government Committee; 188 September 15, 2004, continued Assemblyman Robert Sweeney, Chair of the Local Government Committee; Senator Owen Johnson, Chair of the Finance Committee; Assemblyman Herman D. Farrell Jr., Chair of the Ways and Means Committee; Senator John A. DeFrancisco, Chair of Judiciary Committee; Assemblywoman Helene E. Weinstein, Chair Judiciary Committee; Senator Michael F. Nozzolio; and Assemblywoman Barbara Lifton. RESOLUTION ACCEPTING ANNUAL AUDIT RESOLUTION 04 -164 Resolution Accepting Audit for Town Financial Statements for 2003 Calendar Year At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Andrew LaVigne, the auditor for the Town of Lansing, had prepared and delivered to the Board his results, findings, and recommendations relative to an audit of the Financial Statements and accounts of the Town of Lansing for the calendar year 2003 entitled "Financial Statements of the Town of Lansing for the Year Ended December 31, 2003 ", which report and audit was signed by the independent auditor upon July 30, 2003 (the "Audit"); and WHEREAS, upon a review and discussion of the same, and finding such Audit to be complete and the statements, accounts and records of the Town to be accurate, the Town Board of the Town of Lansing has therefore RESOLVED, that the Audit is acknowledged, accepted, and approved by the Board. RESOLUTION ACCEPTING AUDIT FOR PARKS & RECREATION Mr. Christopher noted that he spoke to Steve Colt and Patrick Tyrrell and the comment was an isolated incident and that he was satisfied with what they are doing to rectify the statement that was made by the Auditor. RESOLUTION 04 -165 Resolution Accepting Audit for Parks & Recreation Accounts for 2003 Calendar Year At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: 1 September 15, 2004, continued WHEREAS, Andrew LaVigne, the independent auditor for the Town of Lansing, had prepared and delivered to the Board his results, findings, and recommendations relative to an audit of the accounts of the Parks & Recreation Department for the calendar year 2003 entitled "Town of Lansing Agreed Upon Procedures for the Year Ended December 31; 2003" (the "Audit "), which report was signed by the independent auditor upon July 30, 2004; and WHEREAS, upon a review and discussion of the same, and finding such Audit to be complete and the accounts and records of the said Parks & Recreation Department to be accurate, the Town Board of the Town of Lansing has therefore RESOLVED, that the Audit of the accepted, and approved by the Board. AUDIT APPROVAL 04 -166 Parks & Recreation Department is acknowledged, RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Audited Voucher #'s 878 —1013 Prepay Voucher #'s 878 -884 FUND General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Better Housing for Tompkins County Trust & Agency Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Marty Christopher Gossett Center: TOTAL APPROPRIATIONS $ 37,021.45 $130,503.59 $ 1,252.86 $ 95,576.54 $ 15,623.38 $ 215807.45 $ 5,102.81 Marty Christopher, Councilperson Doug McEver, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen Farkas, Supervisor The meeting is scheduled for next week. Town Records: He has set a schedule to start on the files downstairs. Connie Wilcox Fire Budget: The Town has received the Fire Budget. 189 199 September 15, 2004, continued Lansing Housing Authority: Lansing Housing Authority will meet next week Bolton Point: Bolton Point addition is behind by five weeks. Doug_McEver IV I.O.: There were 12 members at the I.O. meeting. Four new townships are considering joining. They will be giving presentations to all the townships, which will take a year to go through everything. Floating Classroom: The Floating Classroom had a major committee meeting. They are talking about going to a not for profit cooperation so that all entities would have an equal voice. Bud Shattuck Happy Birthday: Mr. Shattuck wished Marty Christopher a Happy " ? " Birthday ! t ! ! ! ! t ! ! ! Sewer Committee: Mr. Herrick gave the report on where the town is with sewer at this point. Mr. Shattuck has given that report to the Chamber. The Chamber was a proponent of the Intermunicipal Sewer agreement from an economical development, tourism and ecological standpoints. Agriculture Committee: Monika Roth gave the prior report on where they are on purchasing of the building rights. The Town Board may want to consider talking to the State and Federal Representative about increasing the funds for this program. Personnel Committee: The committee is still talking about the structure of health care for retirees in the future. Currently the town pays 100% for the retiree and family. Should the retiree pass away first the town continues 100% coverage with the spouse for their lifetime. Turns out to be about a quarter of a million dollars that the town pays for retirement now. Over a ten year period it would be approximately 3.6 million in health care costs. Most municipal agencies have dropped the continuation of spousal coverage upon the death of the retiree. It is a big cost and health care is expensive as it is especially when 50% of the people no longer live in the community. When more data is received it will be brought to the Board. Training Schedule: The committee is looking into adding classes based on the survey that was received. Health Care: In early November there will be two sessions for the employees to look at a second option of health insurance. September 15, 2004, continued Steve Farkas Mr. Farkas asked to amend the 2004 Organization Resolutions to add First Niagara Bank as an Official Depository of the Town of Lansing. RESOLUTION 04 -166A Resolution Amending Certain Organizational Resolutions of January 2, 2004, to Add First Niagara Bank as Official Depository of the Town of Lansing At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of September, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, on January 2, 2004, the Town passed Organizational Resolutions authorizing certain banking institutions to be official depositories of the Town of Lansing (see Resolution number 04 -005); and WHEREAS, it would be in the best interests of the Town to have First Niagara Bank listed as an additional official depository; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of i Lansing has hereby _ RESOLVED, that the January 2, 2004 Organizational Resolution Number 04 -005 be and is hereby amended to add First Niagara Bank as an official depository of the Town of Lansing. Municipal Officers Meeting: Kevin Crawford, Chief Counsel for the Association of Towns will be attending the Municipal Officers Meeting next Tuesday, September 21, 2004. EXECUTIVE SESSION 04 -167 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Regular meeting be adjourned to go into Executive Session at 9:18 p.m. to discuss possible litigation. Carried. 04 -168 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:19 p.m. Carried. 04 -169 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: 191 192 September 15, 2004, continued RESOLVED, on motion, that the meeting be adjourned at the call of the Supervisor at 9:20 p.m. ]Minutes taken and executed by the Deputy Town Clerk. Carried.