No preview available
HomeMy WebLinkAbout2010-01-27 January 27, 2010 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 Marty Christopher Councilperson Present Robert Cree Councilperson Present Kathy Miller Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Visitors: Jeff Overstrom, Steve Colt, Dan Veaner, Heidi Marks, Jay Franklin, Brent Zifchock, Maureen Cowen, Dale Baker, Irene Kehoe, Linda Westlake, Marcia Herrick, Mary Helen Cathles, Dave and Joyce Heck, Ruth Hopkins, John O'Neil, Marcy Rosenkrantz, Bell Demo, Claes Nyberg, Pat Pryor, Reene Sandsted and a couple other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Marcy Rosenkrantz: Yearly Water Payment Increase: She stated that her and other residents in the Algerine Road Water District have noticed a significant increase on the tax bill from last year. She stated that she inquired about this and was told that last year was interest free and this year is not. Mrs. Wilcox stated that she had no idea this had happened and was surprised. Mr. Pinney will look into it and get back to Ms. Rosenkrantz. Library Lovers Month: She stated that Tompkins County Public Library foundation and the Board of trustees along with all of the libraries on Tompkins County are putting forth resolutions, etc. to proclaim February as Library Lovers Month. She asked to have a resolution read into the minutes. Mr. Christopher then read the following: PROCLAMATION Library Lovers Month — February 2010 Whereas libraries enable individuals to make informed decisions about their self- governance by promoting unrestricted access to information and by serving as community centers for lifelong learning; and 1 Whereas, in a world undergoing constant change, libraries provide enduring connections to the past and future of our communities, nations and civilizations; and Whereas, the expansion of electronic networks linking libraries and their resources makes possible better and more easily accessible information for library users around the world; Whereas, libraries provide entry to important research about health, economics, housing, the environment and countless other areas to support better living conditions and to help people lead longer, more productive and fulfilling lives; and Whereas libraries support a competitive workforce with basic literacy programs, computers and other resources to help children and adults learn to find, evaluate and use information they need for their jobs, health, education and other needs; and Whereas, many libraries offer pre-school story hour and summer reading programs to encourage children to begin a habit of reading that will serve to benefit their personal lives and Whereas, 10,413,962 million people in the State of New York and 40,528 residents in Tompkins County have library cards; Now, Therefore, the Town Board of the Town of Lansing, does hereby proclaim February 2010 as "Library Lovers Month" in the Town of Lansing, and urge all of our citizens to visit libraries and thank a librarian for making this unique and wonderful institution possible. Dave Heck: Bolton Point Water Rate: Mr. Heck stated that at the October 21st meeting, he asked about how Bolton Point comes up with their billing system. He felt it was unfair and made a couple of suggestions. He asked Mrs. Wilcox what the status was. She told him it was in the discussion stage and she will bring it up at a meeting she will attend tomorrow. He also stated that he got on their website about two weeks ago and it stated that their minimum was $ 31.10 on the site. He then called them and asked them to change it to $ 32.00 but at 4:45 p.m. today, it still shows a minimum bill as $ 31 .10. Mrs. Wilcox will also check on this item tomorrow. Tompkins County Assessment Department reps, Jay Franklin and Irene Kehoe: Mr. Jay Franklin and Irene Kehoe introduced themselves and their job descriptions. Mr. Franklin and Mr. Kehoe passed out information regarding the Assessment Department and different functions that they handle. He stated that if the Town ever needs any information regarding anything they handle to please ask and they will do whatever they can to help. Mr. Christopher stated that in the past 6 years, the communication to the public in regard to actually who is responsible and where to a homeowner is to go as far as assessments has been clarified and improved greatly. Jeff Overstrom stated that their web site and personnel helps his office out tremendously. Support of AES and IDA negotiations: 2 Supporting Revised Agreement Between AES Cayuga And The Tompkins County Industrial Development Agency: RESOLUTION 10 — 36 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, 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. Christopher ; and the vote was as follows: Martin Christopher— Aye; Robert Cree — Aye; Kathy Miller—Aye; Connie Wilcox - Aye-; A. Scott Pinney - Aye; and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, The Tompkins County Industrial Development Agency and AES Cayuga signed a Payment in Lieu of Taxes (PILOT) Agreement on February 27, 2009, and WHEREAS, Representatives of the Tompkins County Industrial Development Agency, Tompkins County, the Lansing School District, and the Town of Lansing participated in meetings with representatives of AES Cayuga, and WHEREAS, the Town of Lansing supports the ongoing negotiations between AES and IDA to provide for decreased values in assessments. Examples follow: 2010 Assessment Roll $130,000,000 2011 Assessment Roll $120,000,000 2012 Assessment Roll $110,000,000 2013 Assessment Roll $100,000,000 AND, WHEREAS, as has been the case throughout these and prior negotiations, the candor and good faith of all parties have been greatly appreciated, now therefore be it RESOLVED, that the Town of Lansing Town Board supports the renegotiation of the original PILOT pursuant to procedures and conditions as outlined in the February 27, 2009 agreement. Back-lot Water Extension — Putnam: RESOLUTION 10- 37 RESOLUTION CONDITIONALLY AUTHORIZING MAP, PLAN, AND REPORT FOR AMENDMENT OF CWD BOUNDARY FOR PUTNAM BACK LOT EXTENSION 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson, Kathy Miller, Councilperson; Robert Cree, 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 3 seconded by Mr. Christopher , and the vote was as follows: A. Scott Pinney — aye; Martin Christopher — aye; Robert Cree - aye; Kathy Miller — aye; Connie Wilcox — aye and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, Barry Putnam, an owner of certain lot(s) within the Town of Lansing (TP# 12.-1-17.2, approximately 63.2 acres), has asked the Town to provide access to water from the Town of Lansing Consolidated Water District ("CWD") for property along State Route 34B (Ridge Road); and WHEREAS, the Town Planning Director has found that such an extension is feasible, in accord with the existing CWD policy for extension of the CWD to adjacent properties, and will require an Article 12 or 12-A proceeding to amend the boundaries of the CWD; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that, conditioned upon the applicants signing an agreement in a form as approved by Town Counsel to pay for the costs of such reports and proceedings, the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a Map Plan and Report ("MPR") under Town Law Article 12-A for providing a water supply to such properties through the CWD; and it is further RESOLVED, that up to $1,000.00 is authorized for such MPR, but again, if and only if the applicants have signed the aforesaid agreement (and made any required escrow deposit); and it is further RESOLVED AND DECLARED, that the requirements for a permissive referendum do not apply as there is no expenditure of public funds for the MPR as the applicants are hereby required to pay all expenses pursuant to the afore- described conditions and agreement. Accordingly, the foregoing Resolutions were approved, carried, and duly adopted. SEQRA: Type II Action. Back-lot Water Extension — Tilley: RESOLUTION 10-38 PUBLIC INTEREST ORDER AND RESOLUTION REGARDING TILLEY ENTERPRISES, INC., BACK LOT EXTENSION AND AMENDMENT OF BOUNDARIES OF CWD; AND FURTHER CLASSIFYING THE ACTION UNDER SEQRA AND SETTING HEARING FOR REVIEW OF POTENTIAL ENVIRONMENTAL IMPACTS AND THE PROJECT EAF 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson, Kathy Miller, Councilperson; Robert Cree, 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 Mrs. Miller, and the vote was as follows: A. Scott Pinney — aye; Martin Christopher — aye; Robert Cree - aye; Kathy Miller — aye; Connie Wilcox — aye and the following Resolution therefore passed 5-0, and was duly adopted: 4 WHEREAS, Tilley Enterprises, Inc., owner of certain lot(s) within the Town of Lansing (TP# 44.-1-2.2, approximately 0.7 acres), has asked the Town to provide water access to the Town of Lansing Consolidated Water District ("CWD") for property along Triphammer Road; and WHEREAS, the Town Planning Director has found that such an extension is feasible, in accord with the existing CWD policy for extension of the CWD to adjacent properties, and will require an Article 12 or 12-A proceeding to amend the boundaries of the CWD; and WHEREAS, the Town Board authorized the preparation of a Map, Plan and Report ("MPR") for such extension, which MPR was duly prepared and then duly reviewed by the Town Board; and WHEREAS, the MPR is accepted and deemed final, complete, and in compliance with Town Law §§ 209-c and 209-d, the creation of said water district extension is declared and deemed to be in the public interest, and the Town Board desires to proceed towards completion of the amendment of the Consolidated Water District ("CWD") boundaries pursuant to the authority of Article 12-A of the Town Law to incorporate the subject lands into the CWD and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the project, as proposed, being the extension of the CWD to the said Tilley Enterprises, Inc. lot, is classified as an Unlisted Action under SEQRA, thereby requiring review under SEQRA to identify and examine any potential environmental impacts; and WHEREAS, after an examination of said MPR and related requirements of Town Law Article 12-A, and upon due deliberation upon the foregoing, the public interests to be served, and the properties to be benefitted thereby, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the said MPR has been reviewed and deemed preliminarily feasible and complies with the requirements of Article 12-A and §§ 209-c and 209-d of the Town Law of the State of New York, and it is further RESOLVED AND DETERMINED, that the Town desires to proceed towards establishment of the CWD boundary extension, and finds that all proceedings to date have been in compliance with said Town Law Article 12-A and §§ 209-c and 209-d; and it is further RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law §209-d as follows: 1. The boundaries of the proposed district are described as follows: all that land as identified as tax parcel number 44.-1-2.2, all together with the land survey, metes and bounds, and/or such other descriptions as are on file in the Tompkins County Clerk's Office for the foregoing tax parcel number, all as more particularly described in the MPR, which is incorporated into this Resolution as if set forth here in full, and including the land description there for as filed in said Clerk's Office at 48917/3001; 5 2. There are no proposed public improvements for such extension; instead, the landowner has agreed to, and shall, wholly pay for the installation of the service lateral and any permit fees to allow access by the subject property to the CWD water supply lines as presently exist. It is anticipated that up to 400 feet of lateral tubing (of a size to be determined by permit from SCLIWC), and a meter pit will be required for the extension, together with a boring permit to cross under North Triphammer Road, thus triggering the need for a highway permit from Tompkins County; 3. The estimated cost of the proposed improvements is $0.00, and that is the maximum amount proposed to be expended by the CWD for such extension; 4. The one time estimated cost of hook-up fees is $12,890.00, being comprised of an estimated SCLIWC connection fee of $250.00, a 3/4" meter estimated at $265.00, an estimated 1-2" service line extension from curb box at approximately $25.00 per linear foot with an average estimated distance 375 feet, and an estimated permit fee and road boring/jacking expenses of 3,000.00; 5. No district financing is applicable to this project, all of which costs have been and will be paid solely by the owner-applicant; 6. The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; 7. A Public Hearing be and hereby is set for 6:15 p.m. upon February 24, 2010, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, being the extension of the CWD as aforesaid, to thereat take all evidence presented, and to thereat take such other or further action as is required or permitted by law; 8. The Map, Plan and Report and this Resolution describe in detail how the financing, hook-up costs, and other costs and expenses, were estimated and computed; and it is further* RESOLVED AND DETERMINED, that 1. This action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Southern Cayuga Lake Intermunicipal Water Commission and the Tompkins County Highway Department; 4. There Interested Agencies are determined to be the Town of Lansing Planning Board and the Tompkins County Department of Planning; and it is further; 6 RESOLVED, that a public hearing to consider the environmental impacts of the proposed action be and is hereby scheduled for the 24th day of February, 2010, at 6:10 P.M. at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, to thereat hear all persons interested in the subject thereof, to thereat take all evidence presented, and to thereat take such other or further action as is required or permitted by law; and it is further RESOLVED, that a further Public Hearing be and hereby is set for 6:15 p.m. upon February 24, 2010, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, to consider the Public Interest Order aforesaid, to thereat hear all persons interested in the subject thereof, being the extension of the CWD as aforesaid, to thereat take all evidence presented, and to thereat take such other or further action as is required or permitted by law; and it is further RESOLVED AND ORDERED, that the Town Clerk issue and deliver a Notice of Intent, together with a copy of the EAF and MPR, to each and all of the Involved and Interested Agencies; and it is further RESOLVED AND ORDERED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to (i) cause a copy of this Resolution and Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing thereupon, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing, and (ii) cause a Notice of Public Hearing for the SEQRA review to be published in the official newspaper of the Town of Lansing, and also to post copies thereof on the Town signboard maintained by the Town Clerk, at least 14 days prior to such hearing; and it is further RESOLVED AND ORDERED, that the Town Clerk hereby certify a copy of this Resolution and Order and file a copy of the same with the Office of the State Comptroller at or about the time of publication thereof, as required by Town Law § 209-d. SEQRA: Unlisted Action. Appointment of a Lansing Recreational Pathway Committee: RESOLUTION 10 — 39 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Kathy Miller, Councilperson; Robert Cree, 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. Cree and the vote was as follows: A. Scott Pinney — aye; Martin Christopher — aye; Robert Cree - aye; Kathy Miller — aye; Connie Wilcox — aye and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has agreed to initiate a Committee to oversee the Recreational Pathways in the Town of Lansing and: 7 WHEREAS, the said committee will be entitled "Lansing Recreational Pathways Committee (LPRC) and WHEREAS, the Town Board of the Town of Lansing hereby appoints Maureen Cowen as Chairperson and Bill Demo as Deputy Chairperson and the following residents to the Lansing Recreational Pathways Committee to serve on an as needed basis at the pleasure of the Board: Ruth Hopkins Dale Baker Linda Westlake Rennie Sansted Roger Hopkins Marcia Herrick Larry Cathles Now, therefore be it; RESOLVED, that the Town Board of the Town of Lansing does hereby approve the Committee and Committee Members as noted above. Maureen Cowen gave an overview of what the committee would like to accomplish and thanked the Board for forming the committee. Amend Resolution 10-20 — Representation to TCCOG: RESOLUTION 10 — 40 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mr. Pinney, and was duly seconded by Mrs. Wilcox ; and the vote was as follows: Martin Christopher— Aye; Robert Cree — Aye; Kathy Miller—Aye; Connie Wilcox - Aye-; A. Scott Pinney - Aye; and the following Resolution therefore passed 5-0, and was duly adopted: RESOLVED, that the 2010 Organizational Meeting Resolution number 10- 20 be amended to read as follows: LIAISON OFFICERS FOR THE YEAR 2010 Marty Christopher— Liaison Officer to TCCOG Michael Koplinka — Loehr - Alternate Liaison Officer to TCCOG Appoint Eric VanEvery to the Environmental Management Council: RESOLUTION 10-41 APPOINT ERIC VANEVERY TO THE ENVIRONMENTAL MANAGEMENT COUNCIL 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson, Kathy Miller, Councilperson; Robert Cree, 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. Cree and the vote was as follows: A. Scott Pinney — aye; Martin 8 Christopher — aye; Robert Cree - aye; Kathy Miller — aye; Connie Wilcox — aye and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, there is a vacancy upon the Environmental Management Council ("EMC") due to the resignation of Larry Sharpsteen, and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that, Eric VanEvery be and hereby is appointed to the EMC to serve the remainder of the term which will expire December 31, 2010. Approve Bond Counsel Service Aqreement: RESOLUTION 10-42 RESOLUTION APPROVING BOND COUNSEL SERVICES AGREEMENT FOR THE WARREN ROAD SEWER DISTRICT EXTENSION 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, 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 Mrs. Miller; and the vote was as follows: Martin Christopher— Aye; Robert Cree — Aye; Kathy Miller—Aye; Connie Wilcox - Aye-; A. Scott Pinney - Aye; and the following Resolution therefore passed 5-0, and was duly adopted: The following Resolutions were duly presented for consideration by the Town Board: WHEREAS, the Town's Bond Counsel, Charles Schachter, Esq., of Harris Beach, LLP, has submitted a service agreement for bond and USDA/RA services for the Warren Road Sewer District Extension; and WHEREAS, upon deliberation of the foregoing, and the terms of the said Services Agreement, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed Bond Counsel Services Agreement be and hereby is approved, and the Town Supervisor and/or Deputy Supervisor each be and hereby are authorized to execute such Agreement by, for, on behalf of, and in the name of the Town of Lansing. SEQRA: Type II Action. Bond Resolution for Warren Road Sewer RESOLUTION 10 - 43 BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE "TOWN"), AUTHORIZING THE ISSUANCE OF $2,553,900 IN SERIAL BONDS OF THE TOWN TO FINANCE THE COST OF ACQUIRING AND CONSTRUCTING THE SEWER IMPROVEMENTS CONSTITUTING THE TOWN OF LANSING WARREN ROAD SEWER DISTRICT EXTENSION 9 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 27th day of January, 2010, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson, Kathy Miller, Councilperson; Robert Cree, 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. Cree and the vote was as follows: A. Scott Pinney - aye; Martin Christopher - aye; Robert Cree - aye; Kathy Miller - aye; Connie Wilcox - aye and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, by Resolution 09-65, dated February 24, 2009, the Town Board of the Town of Lansing (the "Town Board") adopted a Final Order under Article 12-A of the Town Law establishing the Town of Lansing Warren Road Sewer District Extension (the "Extension"), inclusive of the following tax parcel numbers, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: Numbers 39.-1-36, 39.-1-37, 44.-1-14, 44.-1- 19, 39.-1-35, 39.-1-32.2, 39.-1-38.2, 41.-2-5, 39.-1-50.1, 39.-1-50.11, 39.-1-50.13, 39.-1- 50.2, 39.-1-50.7, 39.-1-50.9, 44.-1-18, 44.-1-47, 44.-1-50.1, 39.-1-38.1, 39.-1-38.10, 39.- 1-38.11, 39.-1-38.12, 39.-1-38.13, 39.-1-38.14, 39.-1-38.15, 39.-1-38.16, 39.-1-38.3, 39.-1-38.4, 39.-1-38.5, 39.-1-38.6, 39.-1-38.7, 39.-1-38.8, 39.-1-38.9, 39.-1-20.4, 39.-1- 50.3, 39.-1-50.8, 39.-1-50.14, 44.-1-50.2, 39.-1-50.10, 39.-1-50.12, 39.-1-50.5, and 39.- 1-50.6; all as shown on the District Extension Map on file at the Town Clerk's Office (the "District"), and authorized the construction of the Extension at a maximum cost not to exceed $2,553,900; and WHEREAS, by Resolution 08-171, dated June 18, 2008, the Town Board adopted a Negative Declaration in accordance with the provisions of the State Environmental Quality Review Act, and the regulations there under (collectively, "SEQRA") with respect to the formation of the Extension and the construction of the improvements included therein, determining that such actions would not have an adverse impact on the environment and that such actions comply with the requirements of SEQRA; and WHEREAS, the Town Board of the Town now wishes to appropriate funds for the Project and to authorize the issuance of the Town's serial bonds or bond anticipation notes to finance said appropriation. NOW THEREFORE, THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE "TOWN") HEREBY RESOLVES (by the affirmative vote of not less than two-thirds of all the members of such body), AS FOLLOWS: SECTION 1. The Town is hereby authorized to issue $2,553,900 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the estimated cost of acquiring, constructing and equipping the improvements to be included in the Extension including the acquisition of lands and easements and other rights therein, and the construction of improvements consisting of a gravity fed system consisting of 15,000 feet of eight-inch sewer and force mains, 1,700 feet of four-inch force mains, 50 service laterals, interconnection appurtenances, a duplex pumping station, road borings, 45 four-foot diameter manholes and five five-foot manholes consisting of pre-cast concrete installations and metal covers, force mains, lateral lines, valves, pumps, curb stops, original furnishings, equipment, machinery, apparatus, fill, services, appurtenances and incidental improvements to serve the properties within the District, related site work, legal, engineering, administration, environmental and other preliminary costs and other costs incidental to the financing thereof (the "Project"). 10 SECTION 2. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $2,553,900, said amount is hereby appropriated therefore and the plan for the financing thereof shall consist of (i) the issuance of up to $2,553,900 in serial bonds of the Town authorized to be issued pursuant to Section 1 of this resolution, or bond anticipation notes issued in anticipation of such serial bonds and (ii) the partial repayment of such serial bonds or bond anticipation notes with grant monies in the amount of $499,900 to be received by the Town from the United States Department of Agriculture. SECTION 3. It is hereby determined that the period of probable usefulness of the aforementioned specific objects or purposes is forty (40) years, pursuant to subdivision a.4. of Section 11.00 of the Law. SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof, pursuant to subdivision d.3(I) of Section 107.00 of the Law. SECTION 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse such expenditure with the proceeds of the bond or bond anticipation notes authorized by Section 1 of this resolution. This resolution shall constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by the United States Treasury Regulations Section 1.150-2. SECTION 6. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to Section 1 of this resolution. SECTION 7. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. SECTION 8. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of serial bonds and/or bond anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00 through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and contents as to the sale and issuance of bonds, herein authorized, including without limitation, the determination whether to issue bonds having substantially level or declining annual debt service and all matters related thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor of the Town, the chief fiscal officer of the Town (the "Town Supervisor"). Further, the power to issue and sell bond anticipation notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for one or more of the objects or purposes authorized by this resolution are combined for sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town Board, then the power of the Town Board to determine the "weighted average 11 period of probable usefulness" (within the meaning of subdivision a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. SECTION 9. The Town Supervisor is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond, and, or a bond anticipation note issue in the event of the sale of same to the New York State Environmental Facilities Corporation. SECTION 10. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchaser of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 12. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, and instruments or to do any similar acts necessary to affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of the Town Board. SECTION 13. This resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to cause a copy of this resolution to be published in the official newspaper(s) of the Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Law. SECTION 14. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. This resolution shall take effect immediately. Status of Economic Development Committee: Mr. Pinney stated that Andy Sciarabba has a list of names of people who are interested in being on the committee. It was the consensus to allow Mr. Sciarabba to decide on which members should make up said committee. At this time, he will bring a list of names for Board approval. 12 Lansing Town Center Update: The Town Center Committee met on January 19th in the Town Hall Board Room with a standing room only crowd. Mrs. Miller stated the people that showed up had very good comments. The architects took all comments back with them and will address them at another public session. The date has not yet been set for said meeting. Planning and Engineering Department Report: Mr. Overstrom went over the following with all present: Code Office Monthly Activity Report December, 2009 Planning Board- December 14,2009 • Minor Flag Lot(s) Subdivision, Ridge & Emmons Road,Worsell-Approved w/condition • Site Plan & SEQR Review-In Home Business (Wine Sales) Sen,737 VanOstrand Road-Approved w/Health Dept.& NYS Liquor Authority Approval • Update on Cayuga Farms • Approval of November 9,2009 Planning Board Minutes Zoning Board of Appeals-December 7,2009 • Area Variance- Solat, East Shore Circle - DENIED • Area Variance & SEQR Review-Worsell, Ridge & Emmons Road-APPROVED W/CONDITION • Approval of October 20,2009 ZBA Minutes Fire Safety Inspections &Re-Inspections Total: 4 Construction Inspections Total: Approximately: 76 Operating Permits Issued Total: 2 New Addresses Issued Total: 1 Notice of Fire Year to Date: Total: 10 Expired Permit Notices First Notices: 8 Second Notices: 4 Renewed Permits 6 Renewed Permits YTD - 59 13 Mobile Home Park Inspections have been completed, and License Renewals have been sent out. Marina: The DEC has approved the permit to rebuild the large marina wall in Myers park. Mr. Overstrom showed the Board and example of what the wall will be built out of. He will be working with Mr. French and Mr. Colt to complete this project. When complete, there will be a total of 700 lineal feet of new wall. Mr. Pinney thanked Mr. Overstrom for all the work he put into this permit and for doing it all in a short time period. Highway Department Report: No one was present from the Highway Department. Replacement of Water Main at the bottom of Esty Drive: Mr. Pinney stated that himself, Jack French and Dave Herrick have had discussion with the Town of Ithaca and the Town is hoping to replace approximately 1,500 feet of water main on the south side of the road this spring. Park and Recreation Department Report: Mr. Colt went over the following with all present: Parks & Recreation Department 1/27/10 Town Board Meeting RECREATION All of our winter programming has started and is in progress now. ➢ Gymnastics session II is full and ends on February 12th ➢ Youth Wrestling Technique class ended January 23rd and the Advanced class ends February 11th ➢ Ice Skating program has a lot of participants and concludes February 9th ➢ Basketball "In-House" program has concluded ➢ Karate 2010 Winter session has many class options ending March 4th ➢ Ski Program still has 5 more trips to take. We had to cancel this past Monday due to the heavy rain and melt down. Our last date is March 1st ➢ Travel Basketball is in progress through early March. We have 4 teams. ➢ Basketball 2"d&3rd grade program for boys and girls has just started and will end March 6th. This program takes place in the ES gym (lower baskets) • Presidents Week Basketball Camp for boys and girls grades 3—9 will take place over the school holiday from noon-4 PM in the HS gym. (Adam Heck) will direct the camp. • Rock Climbing Camp at Cornell on the Lindseth Wall is scheduled in 2 sessions starting on February 15th through February 19th • NEW Intro to Lacrosse is actually being planned now for February 18th & 19th. This program will take place at The Field for 2 hours and will be free. I am planning to borrow the schools PE equipment for the program. • Adult Open Swim has a new session starting February 2nd—April 1st taking place at the HS at noon. 14 Cardio Step &Strength class - Strength and Stretch class - Yoga class are ongoing and may be joined now. PARKS Camping reservations started quickly on January 4th. A line formed early with people waiting in the parking lot an hour before we open. At this point we have almost 1400 nights rented already, and this is more than half of the maximum potential of night that we have to rent in the season. Boat slip renewals are coming in now and are due by February 5th. This is the final year of the current 3 year term. Next year will be a new lottery. We do have a long waiting list. r Myers Park Concert Series is complete with the final date of August 12 needing only to be confirmed. We have a great lineup this year. I am planning to write a grant to help with the costs of our talent upgrades. We received a very nice letter from the Osika family in gratitude and support of the care, management and planning in our parks. I have received notice from the DEC and our new rep. that another tree and shrub order has been place and will be delivered in the spring for Salt Point at NO CHARGE. Approve Minutes: RESOLUTION 10 — 44 A copy of the minutes of January 6, 2010, 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. Christopher and seconded by Mr. Cree: RESOLVED, that the minutes of January 6, 2010 are hereby approved as submitted. Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Robert Cree, Councilperson Vote of Town Board . . . (Aye) Kathy Miller, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 10 — 45 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Miller: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT# 014 15 DATED 12/31/09 AUDITED VOUCHER#'s 1303 - 1319 AUDITED TA VOUCHER #'s 110 — 111 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 47,526.61 HIGHWAY FUND $ 3,518.39 LANSING WATER DISTRICTS $ 377.41 TRUST & AGENCY $ 567.50 CONSOLIDATED ABSTRACT# 015 DATED 12/31/09 AUDITED VOUCHER#'s 1320 - 1321 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 3,752.50 CONSOLIDATED ABSTRACT# 001 DATED 1/27/10 AUDITED VOUCHER#'s 1 — 55 PREPAY VOUCHER #'s 1 — 2 AUDITED TA VOUCHER #'s 1 — 3 PREPAY TA VOUCHER#'s 1 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 102,923.19 HIGHWAY FUND $ 116,430.57 LANSING LIGHTING $ 1,155.92 LANSING WATER DISTRICTS $ 3,728.66 TRUST & AGENCY $ 20,630.41 BUDGET MODIFICATIONS GENERAL FUND A 16 December 31, 2009 FROM TO FOR AMOUNT A1110.400 A1110.120 From Justice Contractual to Justice Personal Srvcs 1,575.00 A1110.400 A1110.130 From Justice Contractual to Justice Personal Srvcs 1,155.00 A1990.400 A1410.110 From Contingency to Deputy Town Clerk Prsnl Srvcs 920.00 A1610.400 A1610.200 From Technology Contractual to Technology Equipment 30.00 A1990.400 A1670.400 From Contingency to Central Printing 50.00 A1990.400 A5010.120 From Contingency to Sup of Highways - Sr Typist 1,437.00 A1990.400 A7020.120 From Contingency to Parks & Rec Admin Clerk 667.00 A7110.400 A7110.110 From Parks Contractual to Parks Prsnl Srvcs 1,307.00 GENERAL FUND B FROM TO FOR AMOUNT B1990.400 B3620.120 From Contingency to Safety Inspector Prsnl Srvcs 1,480.00 WATER DISTRICT SW FROM TO FOR AMOUNT SW8310.400 SW8310.100 From Water Admin Contractual to Water Admin Prsnl 335.00 LUDLOWVILLE LIGHTING SL1 FROM TO FOR AMOUNT SL1-599 SL1-5182.400 From Fund Balance to Ludlowville Lighting Cont 34.00 WARREN ROAD LIGHTING SL2- FROM TO FOR AMOUNT SL2-599 SL2-5182.400 From Fund Balance to Warren Rd Lighting Cont 35.00 DEBT SERVICE FUND V FROM TO FOR AMOUNT V5031 V9730.600A From Interfund Transfers to 03 Hwy BAN 119,000.00 Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Robert Cree, Councilperson Vote of Town Board . . . (Aye) Kathy Miller, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS: Marty Christopher: Gossett Center: The Gossett Center is now called Finger Lakes Center. A write up regarding this will be in the Lansing Star this Friday. Robert Cree: 17 Conference in Rochester: He stated that he and Mrs. Miller went to Rochester for an Association of Town's newly elected officials training conference. He felt there was a lot of information given to them in a three day period. He felt Lansing was in very good shape compared to a lot of Towns across the State. Planning Board: The first meeting of the month was canceled due to lack of agenda items. They did have a working session meeting at which they discussed revisiting the by-laws and putting them into place. Kathy Miller: Cayuga Lake Water Shed Committee: Mrs. Miller asked if anyone knew when or where this committee met and she is a new member. A person in the audience who is also on the committee stated that they meet the second Tuesday of every month at Wells College. Rochester Conference: Mrs. Miller stated that she learned a lot and enjoyed it very much. Connie Wilcox: Farmers Market: The Town of Lansing received a sustainable Tompkins award for the Farmers Market. Lansing Fire Department: New Officers were installed Saturday night. Lansing Housing Authority: They are still looking into erecting another building in the future. A. Scott Pinney: Independent Audit: Mr. Pinney stated that the Town will not be hiring an independent audit firm to perform the Town Audit this year to try to save money, therefore, the Town Board along with Ms. Rumgay and Mrs. Bowman will get together on February 23, 2010 at 2:00 p.m. Monthly Report: 18 The Supervisor submitted his monthly report for the month of December, 2009 to all Board Members and to the Town Clerk. Town Counsel Report: Nothing to report at this time. Pat Pryor: Ms. Pryor wanted everyone to know she will keep her website open that she used during her campaign and will post information from the County on it. (electpatpryor.orq) She will be on several committees including the Planning Committee and the Government Operations Committee. She felt the County will start early this year in preparation of the budget. She asked all to keep the families from and involved with Haiti in their thoughts. At the February 16th County Legislature Meeting, she will be presenting a distinguished youth award which will go to a youth from the Town of Lansing. Adjourn Meeting: RESOLUTION 10 — 46 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Miller: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 7:15 p.m. Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Robert Cree, Councilperson Vote of Town Board . . . (Aye) Kathy Miller, 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