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Home My WebLink About2005-02-1651 REGULAR TOWN BOARD MEETING Date: February 16, 2005 Time: 7:00 p.m. Place: Lansing Town Hall Boardroom AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4, Continued Public Hearing —7:05 p.m. — Cell Tower — Searles Road 5. Privilege of the Floor: a) Anyone wishing to address the Board 6. Engineer's Report 7, Highway Superintendent's Report 8, Code Officer's Report 9. Parks and Recreation Department Report 10, Approve Audit 110 Approve Board Minutes of January 19, 2005 12, Board Member Reports 13, Executive Session if needed 14. Adjourn Meeting 52 February 16, 2005 The 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. Stephen Farkas :Marty Christopher .Doug McEver Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present The Supervisor lead all present in the Pledge of Alegiance. Visitors: Jack French, Dick Platt, Dave Herrick, Dave and Adam Buck, Mary Searles, Tom and Matt Besemer, Al and Debbie Chaffee, Dan Veaner, John and Stacy Coil, Debra Bain, Jeannie Daly, Greg Lawrence, Ross Benson, Danna Kinsely, Ron Seacord, Ryan Janowski, Jeannie Kirby, Steve Colt and a couple other residents. RECONVENE CELL TOWER PUBLIC HEARING: 05 -45 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed cell tower on Conlon Road in the Town of Lansing be reconvened at 7:05 p.m. Carried. Mr. Platt stated that Mr. Janowski had resubmitted the SEQR to him with all corrections. Mr. Platt stated that he was ready to move forward. a copy. Mr. Shattuck stated that he did not get a copy of the 239. Mr. Platt then gave him Mr. McEver asked about the letter from Thaler and Thaler Law Firm dated January 21, 2005, which listed everything needed. Neither Mr. Janowski nor Mr. Platt had received said letter. Mr. Krogh stated that there was nothing in the letter that is not in the ordinance. The Town Board was undecided whether a SEQR was adequate or if a full environmental impact statement may be needed. Mr. Janowski passed out a worksheet and record of compliance with FCC guidelines for human exposure to radio frequency electromagnetic fields for GSM stations to the Board Members. Mr. Shattuck did not feel that Mr. Janowski had competent answers to their questions and felt he may need to bring an attorney the next time. Mr. Farkas suggested that the slate be wiped clean and one meeting be held where all the questions are answered and all the documents are presented. The Board agreed with Mr. Farkas. Mr. McEver would like to see any documentation at lease two weeks before the next meeting. The Board also felt a Lead Agency needed to be named. 05 -46 RESOLUTION offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Public Hearing be terminated and reconvened at 7:05 p.m. on March 16, 2005. DAVE HERRICK — TOWN ENGINEER: Mr. Herrick gave the following report: 1 53 Continued, February 16, 2005 ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Intermunicipal Agreement Concerning Shared Water System Infrastructure • Discuss process for reviewing the draft agreement between the Village and Town that was originally prepared in 1997. 2. Sanitary Sewer System Planning and Maintenance a. Sewer Committee • NYSDOT has informed Sen. Nozzolio that a maintenance paving project is scheduled for 2007 on E. Shore Drive from Rte 13 to Burdick Hill Road. This could either aid or hinder the possible sewer route alternative depending on DOT's flexibility in delaying their work. • Brent Cross, VCH Engineer will be contacting Steve to set dates /times for meeting with Mayor Lynn to begin intermunicipal agreement discussions. b. Village of Cayuga Heights Sewer Rent • Review proposed ordinance changes and suggest Town Attorney join in the drafting of an official response. 3. Stormwater Planning a. Erosion and Sediment Control Workshop • Tompkins County SWCD is organizing the March 15t' workshop and is planning to present a request for financial help from each of the 10 MS4 communities in Tompkins County. • Jack French and Dick Platt should consider attending the workshop. 4. Transportation Planning a. Highway Barn Solar Panel • Mike Carpenter has asked for a structural review of the roof to determine the impact of the proposed module loadings on the roof. ACK FRENCH — Hiring of Bob Bogardus: RESOLUTION 05 -047 Resolution Provisionally Hiring Robert Bogardus as Interim MEO then Mechanic 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 16th day of February, 2005, 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: 54 Continued, February 16, 2005 WHEREAS, the Mechanic for the Town Highway Department is retiring, and 20 resumes were reviewed and numerous candidates were interviewed by the Town's Personnel Committee; and WHEREAS, the Personnel Committee unanimously recommends that Robert Bogardus be hired as an interim MEO for a limited part-time training period, without benefits and with pay to equal $16.84 per hour; and WHEREAS, after such training period, the Committee recommends that said Robert Bogardus be provisionally hired upon March 7, 2005 for one week as an interim part-time MEO at said rate of pay, with benefits per Town policies and contracts, and that after said one week, that said Robert Bogardus' employment be provisionally continued as a full -time Mechanic/MEO, at said same rate of pay, with benefits per Town policies and contracts, and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that Robert Bogardus be hired as of February 17, 2005, pursuant to the following terms and schedules: 1. That Robert Bogardus be hired as an interim MEO for a limited part- time training period, without benefits, at $16.84 per hour; and 2. That after such training period, and upon March 7, 2005, said Robert Bogardus be hired for one week as an interim part-time MEO at $16.84 per hour, with benefits per Town policies and contracts; and 3. That as of March 14, 2005, said Robert Bogardus be provisionally continued as a full -time Mechanic/MEO, at $16.84 per hour, with benefits per Town policies and contracts, and 4. That for all purposes, said Robert Bogardus' date of hire shall be and be deemed and considered to be March 7, 2005; and 5. That for all employment periods referenced in paragraphs 2 through 4 above, Robert Bogardus be deemed a Civil Service Non- Competitive Employee. New Plow Truck: Mr. French stated the plow truck that was ordered in October should be here this coming Friday or next Monday. Water Main Breaks: There have been three (3) more water main breaks in the Village. Mr. French stated that this is an ongoing problem. Dennis Reinhart: Mr. Reinhart, the Village of Lansing Highway Superintendent will be retiring at the end of this month. PlowinjZ of State Highways: Mr. French will look into taking over the plowing of the State Highways in the Town of Lansing. He stated that there was an emergency at AES yesterday morning and the roads were real bad. He called Ithaca to get the State trucks out here but received NO 55 Continued, February 16, 2005 answer. Later, two trucks from Cayuga County responded. Mr. French will keep the Board posted on this matter. DICK PLATT: CODE ENFORCEMENT OFFICER: Russ Benson — Hygear Sports: Mr. Benson, owner of HYGEAR Suspension, LLC. Asked the Board for a Special Permit for the use and construction of a research and development test track for motorcycles, ATV's and snowmobiles. The area is within zone B 1 (commercial mixed use) and is owned by Ronald Seacord. Mr. Seacord has given Mr. Benson permission to build the track. He stated that the track could be used between the hours of 9:30 — 6:00 M -F. Mr. McEver asked if he may be willing to change the hours to 10 — 4, M -F and Mr. Benson said he could do that. Mr. Benson stated that he has had NO complaints from any neighbors. The Board informed Mr. Benson that he now needs to go to the Planning Department. Mr. Benson will do this. Monthly Report: Mr. Platt handed out his monthly report and stated that they were down by 1 permit from last year and up in project costs by $ 74,775.00 STEVE COLT — LANSING RECREATION DIRECTOR: Mr. Colt went over the following report with the Board: Parks & Recreation Department Town Board Meeting February 16, 2005 Recreation • Our winter programming has concluded with the exception of a few more travel basketball games for our boys and girls grade 4 -6 program. We continue to struggle with finding enough gym time at the Lansing Schools. Something is always going on. • A4 th session of YOGA is set to start on March 7 — May 2. This has been a popular and very well run program. This will probably be the last session until September. • Our Rock Climbing program is set to start on Monday and is only a few climbers away from being sold out. • Spring LBP baseball and LSP softball planning is being done now. The player registration forms will be ready to go into the schools on Friday March 4"' Games start May 5th. • We are already getting calls about our summer program package. FYI, that package is always available the second week of May. We will have a program listing available in April. • Enclosed is our Spring LBP /LSP Timeline. Parks • The Myers Park Marina lottery was conducted on February 1St. Eight to ten people attended the drawing. 75 applicants were entered into the lottery. We have been able to place 68 boats, and at this time we are full. Our waiting list already is up to 9. • We have expanded our Dry Dock area from 16 spaces up to 22 spaces. 25 Dry Dock requests went into the mail today. We will get many more requests soon. • The Marina and the Dry Dock should yield us about $38,000.00 when done. 401 Continued, February 16, 2005 • Camp site reservations may be made starting April 1st. We have already taken several phone calls to make a reservation. We plan to advertise and promote this new policy in the month of March. • We have arranged for a meeting here on March 1st with Heidi & Scott Sherwood the manager /owners of Spruce Row Campgrounds. We will be consulting with them on all aspects of campground operations. • We are scheduled to meet with Garth McMillen next week to discuss our options for upgrading the power (amps) to each of our 18 camp sites. We REALLY need to get this done as we are under powered now. • Shoreline Development has put together a great long range proposal for our Marina. There is much work to be done, and now we have a good "game plan" to accomplish many specific items that NEED attention! Our goal is to prioritize the list of repairs and work on that list over the next few years. • The Myers Park Concert Series is already booked for this summer. The concerts will all take place on Sunday afternoons from 4 -6 PM. Attached is our listing of bands. AUDIT RESOLUTION: 05 -48 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: AUDITED VOUCHER'S 41-133 PREPAID VOUCHER'S 41-44 FUND TOTAL APPROPRIATIONS General Fund 176,437.76 Highway Fund 54,638.13 Lansing Lighting 1,125.70 Lansing Water Districts 1,958.16 Cherry Road Sewer 1,254.16 Better Housing for Tompkins County 1705.58 Trust and Agency 13034,023.88 Vote of Town Board ... (Aye) Mr. Christopher, Councilperson Vote of Town Board ... (Aye) Mr. McEver, Councilperson Vote of Town Board ... (Aye) Mr. Shattuck, Councilperson Vote of Town Board ... (Aye) Mrs. Wilcox, Councilperson Vote of Town Board ... (Aye) Mr. Farkas, Supervisor APPROVE MINUTES: A copy of the minutes of January 19, 2005, having been furnished to the Board members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 05 -49 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the minutes of January 19, 2005 are hereby approved as submitted. Carried. Bolton Point Expansion Project: 57 Continued, February 16, 2005 RESOLUTION 05 -050 In The Matter Of The Proposed Water Improvement In The Town Of Lansing, Pursuant To Article 12 Of The Town Law, To Be Known As The Plant Expansion Project, Tompkins County, New York, SCLIWC 2003 RESOLUTION PUBLIC INTEREST ORDER AND BOND ti 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 16th day of February, 2005, 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 Francis Shattuck; 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: A PUBLIC INTEREST ORDER AND RESOLUTION AUTHORIZING THE INCREASE IN THE COSTS OF THE EXPANSION AND RENOVATION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER TREATMENT PLANT, AUTHORIZING THE INCREASED EXPENDITURE OF FUNDS FOR SUCH PURPOSE, AUTHORIZING THE INCREASE IN THE AMOUNT OF JOINT AND SEVERAL SERIAL BONDS TO BE ISSUED FOR A PORTION OF THE COSTS OF SUCH PROJECT, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION RELATING TO SUCH INCREASES. WHEREAS, the 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 therefor in accordance with Section 15 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System Relating to 2003 Plant Expansion Project dated as of July 7, 2003 (the " Intermunicipal Agreement Supplement "); and WHEREAS, a plan, report and map has been 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 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 Improvement, 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 • Continued, February 16, 2005 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 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, all 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 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 fiends held by SCLIWC; and WHEREAS, a public hearing for the purpose of considering the increase in the maximum amount authorized to be expended for the Improvement, the authorization of an increase in the amount of serial bonds to be used for payment of part of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such increases related to the Improvement, and to hear all persons interested in the subject thereof, was held on the fifteenth day of September, 2004, 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 authorization of the bonds as set forth herein is a Type II State Department of Environmental Environmental Quality Review Act, and management and not including i may affect the environment; and increase of costs of the project and the increase in Action pursuant to the regulations of the New York Conservation promulgated pursuant to the State being routine or continuing agency administration iew programs or major reordering of priorities that 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; �' Continued, February 16, 2005 NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lansing, 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. It is hereby determined that it is in the public interest to make the water improvement hereinafter described above at the increased maximum cost set forth herein, and such water improvement is hereby authorized. The proposed area in the Town hereby determined to be benefited by said revised SCLIWC 2003 Plant Expansion Project with respect to which the Town Board is authorized to act is all of the Town of Lansing within the Lansing Consolidated Water District. Section 2. The Town of Lansing hereby authorizes the expenditure of an additional $289,165.00 for the previously authorized SCLIWC 2003 Plant Expansion Project involving 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 3. 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 4. 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 an additional $289,165.00 for such SCLIWC 2003 Plant Expansion Project. Section 5. The Town of Lansing, subject to the approval of the voters of the Town 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 6. $2,600,000 is now estimated as the maximum cost for Project. Section 7. The plan for the financing of the Project is amended, and as so amended is hereby authorized, to consist of (a) The issuance of General Obligation Joint and Several Serial Bonds of the Municipalities in the principal sum of not more than $1,500,000.00, to be issued pursuant to the Local Finance Law and the General Municipal Law for a portion of the costs of the Project; and (b) Payment from budgeted revenues and from surplus funds, of SCLIWC of the balance of the remaining costs of such Improvement. Section 8. 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 ON Continued, February 16, 2005 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 4.577 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 $3293115.00 $1685975.00 Nothing in this section shall be deemed to be in conflict with or to supercede 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 �illocation 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 9. 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 10. The full faith and credit of said Town of Dryden, said Town of Ithaca, said Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. The principal of and interest on said joint bonds shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which the consumption of water from the SCLIWC system in each of said municipalities bears to the full consumption from the entire SCLIWC water distribution system, such ratio to be annually determined in accordance with the aforesaid Intermunicipal Agreement Supplement, the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: (a) From the several lots and parcels of land in each of the water districts in the Town of Dryden and in the Town of Lansing, in the manner provided by law. (b) From the several lots and parcels in the Town of Ithaca Town -wide water improvement area, in the manner provided by law. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly subject to the levy of an ad valorem tax, without limitation as to the rate or I [Ml Continued, February 16, 2005 amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 11. 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 12. The validity of such joint serial bonds and joint bond anticipation notes may be contested only if: I. Such joint bonds are authorized for an object or purchase for which said Towns or said Villages are not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of publication, or 3. Such joint bonds are authorized in violation of the provision of the Constitution. Section 13. 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 14. 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 62 Continued, February 16, 2005 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 15. 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 said 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 16. 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 17. 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 18. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -1. Other than as specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 19. 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 20. It is hereby determined that the Town's share of the estimated expense of the aforesaid improvement does not exceed 1 /10th of 1% of the full valuation of the taxable real property in the area of said Town outside of Villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209 -q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 21. 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 63 Continued, February 16, 2005 which shall set forth the date of the adoption of this resolution and contain a copy of this resolution, or 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 22. 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 23. 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 24. Pursuant to Section 195 of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 25. This resolution is adopted subject to a permissive referendum pursuant to Town Law Article 12, 12 -A and/or Article 12 -C, and Local Finance Law Section 35. SPCA Agreement: RESOLUTION 05 -051 Authority to Execute TCSPCA 2005 Dog Control Services Agreement 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 16th day of February, 2005, 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, Dog control services are mandated by the State of New York and have been provided for the past several years by the Town through a services agreement with the Tompkins County Society for the Prevention of Cruelty to Animals ("TCSPCA"); and WHEREAS, the Town and the TCSPCA have been engaged in negotiations for the price and terms of services for the year 2005; and WHEREAS, the Town and the SPCA have come to agreement upon the terms of a written agreement; and WHEREAS, the Town Board has reviewed such agreement, and duly deliberated upon the same; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby E Continued, February 16, 2005 RESOLVED, that the Supervisor or Deputy Supervisor, subject to the review and approval of the TCSPCA proposed agreement by Town Counsel, be and hereby are authorized to execute such agreement by, on behalf of, and in the name of the Town of Lansing. Solar Panels at Highway Garage: RESOLUTION 05 -052 Authority to Execute Solar Panel Installation Agreement for Town Barn Roof 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 16th day of February, 2005, 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 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, the Town has obtained NYSERDA funding and assistance relative to the proposed solar panel project for the Town Barn roof, and WHEREAS, the Town has been certified to work with the Finger Lakes Renewable Energy company ( "FLRE ") for such NYSERDA approved project; and WHEREAS, FLRE has submitted a proposed installation services and purchase agreement for the materials, supervision and labor to complete such project within NTSERDA requirements; and WHEREAS, the Town Board has reviewed such proposed agreement and duly deliberated upon the same; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor or Deputy Supervisor, subject to the review and approval of the FLRE proposed agreement by Town Counsel, be and hereby are authorized to execute such agreement by, on behalf of, and in the name of the Town of Lansing. Approval of Contract — SCLIWC: RESOLUTION 05 -053 Approval of Contract with the International Union of Operating Engineers for Southern Cayuga Lake Intermunicipal Water Commission's Employees 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 16th day of February, 2005, 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 Francis Shattuck; 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: Continued, February 16, 2005 WHEREAS, the majority of Commission's (Commission) Distribution Departments voted the International Union of Opercr and the Southern Cayuga Lake Intermunicipal Water non - managerial employees in the Production and affirmatively on January 31, 2001 to be represented by sting Engineers for the purposes of collective bargaining; WHEREAS, the Commission, in good faith, entered into contract negotiations with the union for a successor contract to the original contract that expired on December 31, 2004; and WHEREAS, on December 9, 2004, the Commission's negotiating team reached tentative agreement on a contract with the union's negotiating team; and WHEREAS, on December 15, 2004, the employees in the union bargaining unit ratified the tentative contract; and WHEREAS, the Commission has reviewed and approved the tentative contract; and WHEREAS, the Town of Lansing Board has reviewed the tentative contract and determined it to be acceptable; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the tentative contract; and it is further Town of Lansing does hereby approve the RESOLVED, that the Town Board of the Town of Lansing authorizes the Commission's negotiating team to sign said contract as presented. Christopher Muka: Mr. Muka has asked Mr. Krogh to write up an easement for him in regards to a one lot subdivision. The Board did not feel this would be a conflict of interest and agreed that Mr. Krogh could go ahead with the preparation of the easement. BOARD MEMBER REPORTS: Marty Christopher: Nothing to report at the time. Connie Wilcox: Fire Department: A task force has been set up and committees are being formed. Doua McEver: WRC and IO: Setting up agenda for the coming year. Bud Shattuck: Health Insurance: The Personnel Committee has made revisions and will bring them to the Board next month for their approval. Town Hall Computers: Parker Melvin has returned and now has the server running and doing a back up each night. A committee will be set up regarding the computer in the Town Hall and either Mr. Christopher or Mrs. Wilcox will be on the committee along with a rep. from each office. 65 Wel NEWW Continued, February 16, 2005 Steve Farkas: Town and County Taxes: Mr. Farkas stated that the County would have to hold a permissive referendum and they would have to have 100% of the majority vote from all Towns and from the City in order to consider taking over the collection of taxes. Reassessments in the Town of Lansinji: Mr. Farkas stated that it was his understanding that assessments on all properties in the Town of Lansing would be raised at least 5% this year. 05 -54 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a possible litigation matter at 8:56 p.m. Carried. 05 -55 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:29 p.m. Carried. 05 -56 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: p.m. RESOLVED, that the meeting be adjourned at the call of the Supervisor at 9:30 Carried.