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HomeMy WebLinkAbout2009-08-19185 REGULAR TOWN BOARD MEETING Date: August 19, 2009 Time: 6:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2, Roll Call 3. Pledge of Allegiance 4. Privilege of the Floor: Please approach the podium and state your name and address. 5. Independent Audit Report of 2008 - Patrick Jordan 6. Appoint Doug McEver to Water Resource Council 7, Hire Laci Hoyt as Recreation Assistant to Lansing Drop -In Program 8, Health Insurance 9, Bond Resolution (SCLIWC) 10. Health Care Consortium 11, Highway Superintendent's Report 12. Parks and Recreation Department Report 13. Approve Minutes of July 15th and August 3rd, 2009 14, Approve Audit 15, Board Member Reports 16. Town Counsel Report 17, Executive Session if Needed 18. Adjourn Meeting * * ** If you presented something to the Board tonight that you asked to be a part of the minutes. Please email it to the Clerk by 10 :00 AM tomorrow morning at bonny22 @twcny.rr.com 187 August 19, 2009 The Lansing Town Board met in Regular Session at 6:00 p.m. at the Lansing Town Hall Boardroom with Supervisor Pinney presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL A. Scott Pinney Supervisor Present Matt Besemer Councilperson Present Marty Christopher Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Visitors: Dan Veaner, Elisabeth Heagarty, Sharon Butler Bowman, Steve Loncto, Pete and Jackie Larson, Dave Heck, Greg Besharov, John O'Neil, Patrick Jordan, Mike Moseley, Jeff Walters, Bill Demo, Charlie Purcell, Scott Purcell and a couple of other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Steve Loncto: He stated that he has been the networking consultant for the Town since 2005. Mr. Loncto had given a letter to the Board Members beforehand in regard to a phone call he received from Pat Tyrrell concerning the Town's server. Mrs. Wilcox informed him that the Town has made no decisions on what to do with the server or in what direction they will go. She stated that it will have to be discussed at the Board level and then at a Technology Committee meeting. He wanted to stress to the Board that there is nothing more valuable to any organization than its data and it is not something that can be easily recreated if it is lost. He said he was informed that the Town wanted to revert back to a pier to pier network as it was prior to him taking over in 2005. Mrs. Wilcox stated that this is not an emergency and that it is not only the cost of the server that needs to be looked at but also the area where the server is kept. Dave Heck — 16 Ladoga Park: Mr. Heck updated the Board on what is happening in Myers. He felt the Highway Department and the State did a good job mowing the roadsides. He felt the demonstration by the Fire Department was great and so was the 5 -K run. He felt Karen Veaner did a good job on the organization of the Harbor Fest. He also has called New York State DOT in regard to a branch from a Cotton Wood tree that is sticking out over the north bound lane at the north end of the bridge that goes over Salmon Creek. He will contact them again if he does not hear anything in a couple of weeks. • Dan Veaner — Lansing Star: Mr. Veaner informed the Board that approximately 5,000 people attended Harbor Festival last Saturday. Independent Audit Report of 2008 — Patrick Jordan: Mr. Jordan went over the draft Financial Report ending December 31, 2008. The following resolution was then adopted: RESOLUTION 09 -139 RESOLUTION ACCEPTING DRAFT INDEPENDENT OUTSIDE FINANCIAL REPORT AND AUDIT OF TOWN OPERATIONS, PROCEDURES, FUNDS, CASH HANDLING PROCEDURES AND ACCOUNTS 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has received and reviewed the draft independent outside audit of town functions, cash management policies, accounts and protocols, including additional agreed upon procedures for each department of the Town that has any cash handling or management functions; and WHEREAS, Patrick Jordan, CPA, of the firm of Ciaschi - Dietershagen - Little - Mickelson & Company, reviewed the financial report and audit with the Board at a public meeting upon August 19, 2009, and said Patrick Jordan reviewed the Executive Summary and the official comments, reports and findings, made general observations and comments regarding the audit, and answered questions from the Board; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that such draft audit be and hereby is approved, and the auditors are requested to provide a final audit report at their earliest convenience. SEQRA: Type II Action. Appoint Douglas McEver To Water Resources Council: A discussion was held on this matter and it was decided that even though Mr. McEver would do a great job, the resolution should be put off until the election is over as Mr. McEver is running for Councilperson. In the meantime, the open seat on the Water Resource Committee will be in the newsletter to make sure no one else is interested. Hire Laci O. Hoyt, Recreation Assistant - Lansing Drop In Program, Grade 2 RESOLUTION 09 - 140 2 RESOLUTION HIRING LACI O. HOYT, RECREATION ASSISTANT, FOR LANSING DROP IN PROGRAM, GRADE 2 • • • 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mr. Christopher, and was duly seconded by Mr. Besemer; and the vote was as follows: A. Scott Pinney - Aye; Francis Shattuck — Aye; Connie Wilcox — Aye; Martin Christopher — Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board has interviewed for a posted and advertised part time position duly created; and WHEREAS, said position, Recreation Assistant, in the Drop In Program, was sought to be filled after rounds of interviews; and WHEREAS, an acceptable and qualified individual was located, and is therefore proposed to be hired to fulfill such job requirements; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that said Laci O. Hoyt be and hereby is approved to be employed as a Town of Lansing Grade 2 Employee, as a Recreation Assistant, in the Drop In Program, with such employment to commence August 19, 2009 at the rate of $10.54 per hour. SEQRA: Type II Action. Health Insurance: Mr. Pinney stated that there was a draft resolution on the table for the Town to pay 75% of a retiree's monthly premium for individuals 65 and over and 60% for a family or two person premium of a retiree 65 or older. This would be on a supplemental policy which would change from the current policy. This policy will eliminate sick leave credit for 65 and older. The retirees share for a single policy on the new plan will be $ 40.17 and the retirees share for a two person or family plan will be $ 128.53. Currently the retirees share of a single plan is $ 95.44 and for a family or two person it is $ 342.74. Mr. Shattuck clarified that this will not affect anyone between 55 and 65 years of age. Mr. Christopher stated that section 807- (Health Insurance For Retirees) in the Employees Handbook is the section being revised. Mr. Pinney felt this would save the retirees and the Town money. Mr. Christopher stated that he did not want to include the people that have been retired. He wanted this to stay as it was before. He felt that simply dropping the Medicare reimbursement plan was his preference. Mr. Shattuck felt a lot of time was spent on this issue and that they were finally at a consensus where they could move forward. 3 190 Mrs. Wilcox felt that at these costs, it would be less expensive for some of the current retires than it has been with the current policy. She felt it was a good compromise. Mr. Besemer felt it was a win win situation. Mrs. Jackie Larson asked the Board why they are eliminating sick leave that the retirees have earned. Mr. Pinney stated that he is trying to limit the exposure the Town has had for many years incurring these expenses. He stated that it was the Town's right to make decisions that benefit the Town in the most appropriate way. The following resolution was then offered: RESOLUTION 09 -141 RESOLUTION AMENDING RETIREE HEALTH INSURANCE BENEFITS AND PROGRAMS 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — no; Matthew Besemer - aye; and the following Resolution therefore passed 4 -1, and was duly adopted: WHEREAS, the Town has for years been trying to address the nature and expenses associated with employee and retired employee benefits; and WHEREAS, the subject has caused much confusion and in an effort to clarify the policies and update the same the Town Board has caused, or will soon cause, the Employee Handbook to be updated through Resolution 09 -77; and WHEREAS, upon due consideration of the above and other matters and factors, the Town Board of the Town of Lansing has hereby RESOLVED, that effective October 1, 2009, Section 807 of the Employee Handbook is amended to read as follows: "807 Health Insurance for Retirees Eligibility — To be eligible for coverage, the employee, Town Clerk or Highway Superintendent (each, and all collectively, the "Retired Employee ", or "Retired Employees ") must be age fifty -five or older, must have at least twenty years of continuous full -time service with the Town, and must have applied for and been granted a bona -fide retirement benefit from the New York State Employees' Retirement System. From the date of retirement until the Retired Employee, or eligible spouse or dependent, reaches the age of 65, or otherwise attains Medicare eligibility, the Retired Employee (and his or her spouse and eligible dependents) remain eligible to participate under the Town's standard health insurance policy as generally made available to employees of the Town. When the Retired El �r Employee, or any eligible spouse or covered dependent, reaches age 65, or otherwise attains Medicare eligibility, the Retired Employee, or any eligible spouse or covered dependent, shall only be eligible for the Town of Lansing's then sponsored Medicare Supplemental Plan. Application — The Town will make available the respective health insurance plan for an eligible Retired Employee, and their respective spouse and eligible dependents, as follows: 1. Retired Employee: coverage provided, subject to payment of retired employee's share of premium being timely paid or credited; 2. Retired Employee's spouse and eligible dependents: coverage provided, subject to payment of premium being timely paid; 3. Coverage of a spouse or dependent at the time of divorce or legal separation is in accordance with applicable plan documents and COBRA requirements. Coverage(s) — The Town will make insurance policies or plans available upon such terms, coverages, deductibles, co- payments, etc., as the Town selects upon an annual basis. Premium Payment — For as long as the Retired Employee, or any eligible spouse or covered dependent, participates in a Town sponsored plan, the Town will contribute: (i) 75% of the monthly premium cost for individual coverage; (ii) 60% for family or two - person coverage; and (iii) in the event that an Employee and a eligible spouse or dependent have separate individual policies due to a variance in ages and /or Medicare eligibility, then the Town's contribution for such policies shall be 60% of the sum of such policies. Eligible Retired Employee contributions are subject to, if then applicable, post- retirement sick leave credit rules (see, Section 803); however, all sick leave accrual benefits cease at age 65 and may not be converted to cash, converted to attain any other benefit, or credited towards any premium payments or contributions. Amendments — The Town may, in and at its discretion, change these plans and benefits at any time, including, but not limited to, revocations or curtailment of coverages, changing the type or amounts of coverage, changing retiree contributions, changing eligibility for dependent and spousal participation, and changing the type of carrier. No coverages, rights or benefits issued, described, or granted hereunder are guaranteed. Further details are available from the Personnel Officer." SEQRA: Type II Action. Move to Plan C: RESOLUTION 09 -142 RESOLUTION AUTHORIZING MEDICARE SUPPLEMENTAL PLAN PURCHASE AND CONTRACTS 191 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; 5 192 Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and Matthew Besemer having recused himself and having not participated in any discussion or consideration of the matter; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney - 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 of Lansing has just adopted provisions within its Employee Handbook, to become effective November 1, 2009, pertaining to the provision of post retirement health insurance benefits in the form of Medicare Supplemental Policies; and WHEREAS, the Town now needs to procure such insurance and ensure its availability by said November 1, 2009; and WHEREAS, the Town has been working with local insurance brokers to compare coverage's and prices, and to obtain such policies when qualified and available; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Budget Officer be and hereby is authorized, subject to the concurrence of the Supervisor (or Deputy Supervisor): (i) to select such agency or broker as is deemed best situate to provide such insurance and related services to the Town; and (ii) to select and procure such insurance and ensure the Town's enrollment in such programs or policies as are deemed best suited to the needs of the Town and its retirees (with coverage's and benefits to be equivalent to the coverage's reviewed at the meeting, and in particular, but not limited to Plan C thereof); and it is further RESOLVED, that upon completion of such applications or enrollment forms as may be required, the Supervisor and /or Deputy Supervisor be, and each of them hereby is, authorized to sign and execute such applications and any resulting agreements or contracts upon such terms and conditions as either of them deem to be acceptable by, for, in the name of, and on behalf of the Town of Lansing. SEQRA: Type II Action. Bond Resolution (SCLIWC): RESOLUTION 09 -143 SCLIWC BOND RESOLUTION 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Shattuck; and the vote was as follows: A. Scott Pinney - Aye; Francis Shattuck — Aye; Connie Wilcox — Aye; Martin Christopher — Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 5 -0, and was duly adopted: BOND RESOLUTION DATED AUGUST 19, 2009. A RESOLUTION AUTHORIZING THE ISSUANCE OF $750,000 JOINT BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, AND THE TOWNS OF DRYDEN AND ITHACA AND THE VILLAGES OF LANSING AND CAYUGA ,:9 193 HEIGHTS, TO PAY THE COST OF THE TOWN'S SHARE OF A STIPULATION AND SETTLEMENT AGREEMENT. WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, in conjunction with the Villages of Lansing and Cayuga Heights, and the Towns of Dryden and Ithaca, has heretofore determined and agreed to participate in the provision of a joint water project and to contract joint indebtedness there for in accordance with Section 15.00 of the Local Finance Law pursuant to an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System (the "Intermunicipal Agreement'), WHEREAS, the capital 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; WHEREAS, all other conditions precedent to the financing of the capital project hereinafter described, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project under Section 202 -a of the Town Law; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Lansing, Tompkins County, New York, if the within resolution in substantially identical form is adopted, approved and made effective by the other participants in the aforementioned Intermunicipal Agreement as follows: Section 1. For the specific object or purpose of paying the cost of (i) the reconstruction of the existing road; and (ii) construction of new extension thereto at Bolton Point to be known as Bolton Road pursuant to a Stipulation and Settlement Agreement in settlement of the matter of Crossmore v. Town of Ithaca, Town of Lansing, Town of Dryden, Village of Lansing, Village of Cayuga Heights and Southern Cayuga Lake Intermunicipal Water Commission, Index No. 04 -0752, Supreme Court, County of Tompkins in accordance with Opinions of the State Comptroller 82 -354, 86- 43 and 86 -87 and Opinions of the Attorney General Inf. 81 (1968), such cost being in addition to that to be paid with $600,000 reserve fund monies of the Southern Cayuga Lake Intermunicipal Water Commission and thus constituting the maximum estimated cost to this municipality, being a maximum estimated cost of $750,000, there are hereby authorized to be issued $750,000 joint bonds of said Town of Lansing, Tompkins County, New York, together with the Towns of Ithaca and Dryden and Villages of Cayuga Heights and Lansing, all of the County of Tompkins, New York, pursuant to the provisions of Title 1A of the Local Finance Law and Section 1 of Article VIII of the Constitution of the State of New York. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $750,000 joint serial bonds of said Town authorized to be issued pursuant to this bond resolution. The total amount of joint indebtedness to be contracted therefore is $750,000 and the amount initially estimated to be allocated and apportioned to the Town of Lansing is $112,500. Section 3. 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 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 for the entire joint water distribution facility, which is estimated to be, and for purposes of 7 194 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 respective municipalities' debt contracting powers, shall be as follows: Dryden $ 27,975 3.73% Ithaca $392,925 52.39% Lansing (Town) $112,500 15.48% Cayuga Heights $ 69,525 9.27% Lansing (Village) $143,475 19.13% Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 5 of this resolution 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 service provided to be apportioned annually by said Section 5. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized to act jointly to make application to the State Comptroller 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 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. 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 thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town acting on his 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. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor 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 the Town of Dryden, the Town of Ithaca, the Town of Lansing and 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 3 anticipation note 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 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins County, New York; said Village of Lansing, Tompkins County, New York, and said Village of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement hereinabove referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of said municipalities bears to the full consumption from the entire inter - municipal water distribution facility, such ratio to be annually determined in accordance with the aforesaid Intermunicipal Agreement, 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 District No. 1, and Snyder Hill, Monkey Run, Hall Road, Turkey Hill and Royal Road Water Districts of the Town of Dryden, in the manner provided by law. b) From the several lots and parcels of land in the existing Town of Ithaca Water Improvement Area in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive there from. c) From the several lots and parcels of land in the Consolidated Water District, in the Town of Lansing at the same time and in the same manner as other Town charges. d) 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 rate or amount sufficient'to pay the principal of and interest on said bonds as the same become due and payable. Section 7. 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 purpose for which said Towns and 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 twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. 9 195 IL 96 Section 8. 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 notice or notices, as the case may be. Section 9. 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 his 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 he shall deem best for the interests of the aforesaid Towns and Villages; provided, however, that in the exercise of these delegated powers, he 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 acquaintance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. All other matters except as provided herein relating to the joint serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same shall be determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the Towns of Ithaca, Dryden and Lansing and the Villages of Lansing and Cayuga Heights. 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 51.00 of the Local Finance Law, as said Supervisor shall determine consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully registered form and shall be signed in the name of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile 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. It is hereby determined that it is to the financial advantage of each of the Towns and Villages not to impose and collect from registered owners of such joint serial bonds 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. Section 10. Any obligation issued under authority of this resolution shall contain on its 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 Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York." Section 11. Upon this resolution taking effect in and with respect to this Town, and the adoption and taking effect of similar resolutions of the respective Town Boards and Village Boards of Trustees of the aforesaid Towns and Villages, the same shall be published in full, in the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution shall take effect immediately. Health Care Consortium. 10 A 197 Mr. Pinney stated that he is in favor of the consortium but needs more information. The deadline to back out is October 3, 2009. Mr. Shattuck felt there would be a large savings in the future. He also stated that he was not as happy with the weighted voting but felt that the need for a "super majority" vote to change prices was a good thing. RESOLUTION 09 -144 RESOLUTION AUTHORIZING THE TOWN OF LANSING TO JOIN THE TOMPKINS COUNTY HEALTHCARE CONSORTIUM 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mr. Shattuck, and was duly seconded by Mr. Pinney; and the vote was as follows: A. Scott Pinney - Aye; Francis Shattuck — Aye; Connie Wilcox — Nay; Martin Christopher — Aye; Matthew Besemer - Nay; and the following Resolution therefore passed 3 -2, and was duly adopted: WHEREAS, the Town of Lansing is a member of the Tompkins County Council of Governments (TCCOG); and WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant award under the New York State Shared Municipal Services Program; and WHEREAS, the grant assisted municipalities in Tompkins County to create a local Municipal Health Care Consortium; and WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium will develop health benefits coverage for all participating municipalities; and WHEREAS, the intent of the Greater Tompkins County Municipal Health Insurance Consortium is to provide a net savings to taxpayers in Tompkins County; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor be and he hereby is authorized to execute an intermunicipal agreement, effective January 1, 2010, with the Greater Tompkins County Municipal Health Insurance Consortium for the New York State Shared Municipal Services Program upon such terms as he deems in the best interests of the Town of Lansing. SEQRA: Type II Action. Site for Log Cabin: RESOLUTION 09 -145 RESOLUTION SITING LOG CABIN AT MYERS PARK 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none, and the following motion for a Resolution was duly made by motion of Mr. Pinney, and 11 W W1 0 i was duly seconded by Mr. Shattuck; and the vote was as follows: A. Scott Pinney - Aye; Francis Shattuck — Aye; Connie Wilcox — Aye; Martin Christopher — Nay; Matthew Besemer - Aye; and the following Resolution therefore passed 4 -1, and was duly adopted: WHEREAS, the Town Board, with much input from the public and the Department of Parks and Recreation, had examined multiple locations for the siting of the log cabin, a historical building; and WHEREAS, after much deliberation, the choices came down to two — near the Town Hall and in Myers Park; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Log Cabin be sited in Myers Park, at such location as proposed by Steve Colt, Town of Lansing Parks and Recreation Supervisor, and that said Steve Colt, working in conjunction with the Town Supervisor, be and hereby is authorized to prepare such site and take such other actions as are or may be necessary to install and reassemble such log cabin at the selected location within the Park. SEQRA: Type II Action. Planning and Engineering Department Report: Mr. Overstrom was absent but the following report was given to the Town Clerk and Board beforehand: e Office Monthly Activity Report July, 2009 Planning Board — July-1 3 2009 ® Site Plan & SEQR Review, Duthie, Agent for: Kersat' Landscaping Warehouse Storage Town Barn Road ® Site Plan & SEQR Review, Drake Petroleum - Xtramart, 32 Peruville Road ® 1 Lot Exempt Subdivision, North Triphammer Rd. • Major Subdivision - Preliminary Plat, Farm Pond Circle, Collins Road O PDA — Lansing Commons, Cayuga Vista Drive Planning Board — July 27 2009 ® 2 Exempt Subdivisions, Conlon Road (Buck) and Sweazey Road (Day) Training None Fire Safety Inspections & Re- Inspections Total: 2 Construction Inspections Total: Approximately: 92 Operating Permits Issued July: 0 Year to Date Total: 2 New Addresses Issued Total: 3 Notice of Fire 12 y June: 0 Year to Date: Total: 7 Expired Permit Notices t- First Notices: 10 Second Notices: 5 Renewed Permits 10 Renewed Permits YTD - 37 Electrical Certificates Issued Total: 12 Electrical Inspections Total: 38 Highway Department Report. Deputy Highway Superintendent, Charlie Purcell gave the following report: 1. Finishing up drainage work that was done on Asbury Drive due to stop erosion. 2. Three to four days of paving are left. 3. Mr. Shattuck asked how the salt storage was and if we had a price for this coming year. Mr. Pinney stated that negotiations are continuing with Cargill to get a better price. Mr. Purcell stated that there were 8 to 9 hundred tons of salt in the salt storage building at this time. Mr. Pinney asked if they had considered having Cargill deliver the salt as it is less expensive. Mr. Purcell felt that with the 72 hour period they have to deliver it, they are better off getting their own to make sure there is enough if there is a storm. Mr. Pinney felt that with the salt storage building in place now, it should be looked into. It will be a budget discussion. Elisabeth Hegarety stated that the Highway employees have been extremely courteous to the residents in the Asbury Drive area during the construction period. She stated that they are really good guys and are doing a really good job. Park and Recreation Department Report: Mr. Christopher informed all that there was enough taken in each week to pay for the bands. This was a first. Mr. Shattuck stated that he was surprised to see that Mr. Colt had a comment about kids being lured out of the youth soccer program and into year around soccer programs. If we want more kids in our programs, we need to have different ways of being competitive. Mr. Shattuck also stated that there are a lot more one sport athletes than there use to be. Mrs. Wilcox stated that she thought people were very good about using garbage cans, etc. this year. Mr. Veaner stated that the Parks and Recreation Department have made a beautiful park in Myers. Mr. Colt was absent but gave the Board the following report: 199 13 200 RECREATION IN Our Prep Baseball, Babe Ruth Baseball and 14U Softball teams each won their respective championships this summer season. • Tonight is our "evening" football equipment issue date as I have been fitting equipment everyday this week. We usually try one evening for the parents and players that can not make it during the day. I will have fit over 50 players and practice will start on Monday. • We hosted the "Coaches Certification Class" here on Wednesday August 121h. Coaches from around the area attended along with 4 of our own coaches to take the class and then test for a two year certification. This was the first time to try this type of certification and the feedback was very good. • The Fall Youth Soccer program is set to start the first week in September. The registration deadline for participants is this Friday and as of now we have a very low turn out. PROCRASTINATION is most likely the culprit however many kids are being lured in to "full year soccer programs" at the private club level. I am sure our numbers will rise over the next few days. The unfortunate part of it is that there is a lot of work that goes into a program like this and much of the logistics and planning is based on the "number" and not knowing that until the last minute makes things far more difficult. • The ballfield complex has been converted over to soccer and football fields and are ready to go and are in good shape. • An official Punt -Pass & ballfields on Saturday girls ages 8 -15. PARKS Kick competition has been planned to take place on the August 29th. The event is FREE and is open to all boys and • Myers Park seems to have recovered well from Harbor Fest and had to be ready to go on the following day because all of the pavilions were rented. The park was very clean by early Sunday morning. • August 13 was our last concert, which was the make up from June 25th. The concert series this summer has a huge success. Each concert was very well attended by far breaking all attendance and donation records more than covering all of our bands. Marty Christopher was also a new part of the series. Marty researched all of the bands and did the introductions and background /history prior to each concert. • The swim area has been packed over the past week with the really HOT weather. The swim area will be closed for the season as of Monday August 24th. This is our typical closing date. • The main playground at Myers Park really is getting tired and needs a make over. Tomorrow I am meeting with Parkitects to go over plans for a rebuild. Our playground is a very important and integral part of the Park and needs attention. I will have all of the options and plans tomorrow. 14 Approve Minutes: RESOLUTION 09 —146 A copy of the minutes of July 15th and August 3`d, 2009, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Shattuck and seconded by Mr.Besemer: RESOLVED, that the minutes of July 15th and August 3`d, 2009 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Abstain) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 09 —147 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 008 DATED AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER 8/19/09 670-840 670-675 57-66 57-59 TOTAL APPROPRIATIONS $ 1011165.74 $ 123,916.57 $ 2,344.29 $ 148,124.59 201 15 202 TRUST & AGENCY CWD EXTENSION #1 CWD EXTENSION #2 $ 52,285.93 $ 1.362.77 BUDGET MODIFICATIONS GENERAL FUND A August 19, 2009 Board Meeting FROM TO FOR AMOUNT Al 990.400 A8750.400 From Contigency to Ag Dev (FPIG) 21000.00 BUDGET MODIFICATIONS WATER DISTRICT SW August 19, 2009 Board Meeting FROM TO FOR AMOUNT From Lansing Sta CWD #1 Interest to Lansing Sta CWD #1 SW9710.702 SW9710.602 Prin 81020.00 Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS. Bud Shattuck: Nothing to report at this time. Matt Besemer. Economic Committee: He has some calls out for people to be on the Economic Development Committee. Should have more information in another month. Marty Christopher: Town Center Committee: This committee has sent out a list of questions that the architect will be asked when they meet with him. Mr. Pinney and Mrs. Bowman are working on a name for the committee. He may have something next week. Connie Wilcox. Bolton Point: 16 5 203 Mrs. Wilcox attended a personnel committee meeting there today and a discussion was held regarding employee raises. She stated that the Union contract calls for them to receive a 3 Y4% raise this year. It was decided that the non -union employees will receive a 2 Y2% raise. CPI is - 2.4 %). There is a history of getting 4 Y2 to 5% raise and right now, Bolton Point is not selling any water due to the wet summer so the revenues are down. Mr. Pinney is on the finance committee and is working on the budget. There is a big question at Bolton Point regard the City coming on as a partner or as a customer. Hopefully they will make a decision by September 1St. She stated that they would like to come on as a partner with no actual financial responsibility. Mr. Shattuck always thought they should come in as a full partner but he felt some Board Members will vote to build their own plant and that it is a moot point. Technology Committee: In regard to the letter from Steve Loncto, Mrs. Wilcox was surprised as she had not heard the server needed replacing. Things like this need to be discussed before anyone makes a decision. There will be a technology committee meeting tomorrow morning and this will be discussed. She stated that the server was purchased in 2003 but never hooked up until 2007. Mr. Shattuck stated that going back to the system we had before is not an option. She stated that she was a little disturbed to get the letter from Steve Loncto and have him come to a meeting tonight. Everyone's knickers were in a knot today over the fact that we need a new server even though no decision had been made. Mr. Shattuck asked Mrs. Wilcox to bring it back to the next meeting after discussing it with the technology committee. Farmers Market: It is going tremendously well. There are approximately 31 vendors now. She said a huge thank you to Charmange Rumgay and Lynn Day for all of help they have given to the market. Broadband Grant: Mrs. Wilcox was approached at the Harvest Fest by a Lansing Citizen who said if it hadn't been for Charmange and Sharon getting things together on Friday at the last minute, things would not have been done in time for the grant. A. Scott Pinney: Monthly Report: The Supervisor submitted his monthly report for the month of July, 2009 to all Board Members and to the Town Clerk. NYS Comptroller's Office: The Representative from the NYS Comptroller's Office will be back to the Town Hall next week and wants to meet with the Supervisor and as many of the Board Members as possible. It was decided that Mr. Pinney will set up a meeting for Tuesday morning. 17 204 Grant Application — Energy Conservation Study: The grant was not high enough to cover the study and would need an extra $1,500.00 to perform a complete energy study. Mr. Shattuck felt that in the long term, it would be a good thing. He also stated that NYSERDA will reimburse the Town 75% of projects they put into conserving energy. Mr. Pinney stated that he was not in favor as they cut out too many pieces. Mr. Christopher felt if the study could be completed as far as the grant would cover but did not want to add any extra money. Mrs. Wilcox stated that every time we get a grant, we have to add more money to it. She felt it will be hard to tell our employees to cut,cut,cut when we spend $ 1,500.00 on something like this. Mr. Shattuck stated that it is a long term pay back and it's for the whole of the Town. The following resolution was then offered: RESOLUTION 09A48 RESOLUTION APPROVING ENERGY EFFICIENCY GRANT APPLICATION 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Matthew Besemer; and the vote was as follows: A. Scott Pinney - no; Connie Wilcox — no; Francis Shattuck — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 3 -2, and was duly adopted: WHEREAS, the Town has considered an energy efficiency grant application involving an energy efficiency study; and WHEREAS, such grant pays most of the cost of the engineering and study expenses, leaving only $1,500 unfunded; and WHEREAS, it is believed that the energy savings and benefits of an updated energy study will more than pay for the cost of the study; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized and directed to sign such energy efficiency grant application, and to further execute such other or related documents in connection therewith as will permit the energy efficiency study to be conducted, concluded, and the results thereof reported to the Town. SEQRA: Type II Action. Accept the Resignation of Dave Buck: Mr. Pinney stated that he had received a letter from Dave Buck stating that he is resigning from the position of alternate to the Planning Board. The following resolution was then offered: RESOLUTION 09-149 I: 205 RESOLUTION ACCEPTING DAVE BUCK'S RESIGNATION FROM PLANNING 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 19th day of August, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Matthew Besemer; and the vote was as follows: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Dave Buck submitted his resignation from the Town of Lansing Planning Board, and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that such resignation be and hereby is accepted. SEQRA: Type II Action. Budget Work Session Schedule: Mr. Pinney went over some changes in the original schedule with the Board. The new dates and times will be posted. Town Counsel Report: Nothing to report at this time. Adiourn Meeting: RESOLUTION 09 — 150 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 7:55 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. 19