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HomeMy WebLinkAbout1992-11-04 . 12co November 04 , 1992 The Lansing Town Board met in Special Session at the Lansing Town Hall at 7 : 00 P . M . with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present H erbert Beckwith Councilman Absent P aul Butler Councilman Present Jeffrey Cleveland Councilman Present L arry Tvaroha Councilman Present Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present 1111 Richard Thaler Town Attorney Present VISITORS : Andy LaVigne , Sharon Bowman , Steve Colt , David Herrick , Charlie Tallman , Marge Dill , Pete Larson ( 7 : 55 p . m . ) , Richard & Flo Pinney & Walter Wiggins ( 8 : 07 p . m . ) The Supervisor called the meeting to order having the clerk take the Roll Call . P roof of Notice having been furnished by the Town Clerk , the Public Hearing on the PROPOSED SPECIAL DISTRICTS FOR THE TOWN OF LANSING FOR THE YEAR 1993 was called to order at 7 : 00 P . M . N o one appeared voicing any objections to the Proposed Special District Budget for the year 1993 , and all persons desiring to be heard , having been heard , the Public Hearing was terminated at 7 : 10 P . M . P roof of Notice having been furnished by the Town Clerk , the Public Hearing on the PROPOSED TOWN BUDGET FOR THE YEAR 1993 was called to order at 7 : 15 P . M . N o one appeared voicing any objection to the Proposed Budget for the year 1993 , and all persons desiring to be heard , having been heard , the Public Hearing was terminated at 7 : 20 P . M . D iscussion was held concerning the passing zone on Peruville Road by Armstrong Road intersection and North Triphammer Road at Horvath Road and Asbury Road intersection . Steve Colt volunteered to obtain the necessary petition and submit it to the Board at a later- date . RESOLUTION ADOPTING GENERAL FUND BUDGET offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : WHEREAS , this Town Board has met at the time and place specified in the notice of Public Hearing on the General Fund Preliminary Budget and heard all persons desiring to be heard thereon ; now therefore be it RESOLVED , that this Town Board hereby adopts such General Fund Preliminary Budget as originally compiled as the annual budget of this Town for the fiscal year beginning on the 1st day of January , 1993 , and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board , and be it FURTHER RESOLVED , that the Town Clerk of this Town shall prepare and certify in duplicate , copies of said annual budget as adopted by this Town Board , together with the estimates , if any , adopted pursuant to Section 202 - a , subd . 2 of the Town Law and deliver one copy thereof to the Supervisor of this Town to be presented by her to the Board of Representatives of this County . Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman 1 4 t 4 November 04 , 1992 , continued RESOLUTION ADOPTING HIGHWAY FUND BUDGET offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : WHEREAS , this Town Board has met - at the time and place specified in the notice of Public Hearing on the Highway Fund Preliminary Budget and heard all person desiring to be heard thereon ; now therefore be it RESOLVED , that this Town Board hereby adopts such Highway Fund Preliminary Budget as originally compiled , as the annual budget of ® this Town for the fiscal year beginning the 1st _ day. of January 1993 , and that such budget as adopted be entered in detail in the minutes of the proceedings of this Town Board , and be it FURTHER RESOLVED , that the Town Clerk of this Town shall prepare and certify in duplicate , copies of said annual budget as adopted by this Town Board together with the estimates , if any , adopted Pursuant to Section 202 - a , subd . 2 , of the Town by her to the Board of Representatives of this County . Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town. Board . . . ( Aye ) Larry Tvaroha , Councilman RESOLUTION ADOPTING SPECIAL DISTRICT BUDGET offered by Mr . Cleveland , who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Lansing Water District No . 2 , No . 3 , No . 8 , No . 9 , No . 10 , No . 13 , No . 14 and No . 15 and the Lansing Sewer District No . 1 and No . 2 for the year 1993 , are hereby approved and adopted . Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board ( Aye ) Larry Tvaroha , Councilman RESOLUTION ADOPTING LUDLOWVILLE LIGHT DISTRICT , WARREN ROAD BUSINESS PARK LIGHT DISTRICT AND LAKE WATCH DEVELOPMENT LIGHT DISTRICT offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Ludlowville Light District , Warren Road Business Park Light District and the Lake Watch Light District budget for the year 1993 is hereby approved and adopted . Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman Andy LaVigne passed out a draft for the Town of Lansing report on Audit of Financial statements for the year ended December 31 , 1991 . Mrs . Kirby informed the Board that she received information from Tom Todd , County Representative that the Lockerby Hill Bridge steel will be delivered November 23rd and the bridge will open January 15 , 1993 . #110 The Board discussed Bolton Point ' s fee forlumbin t was the consensus of the Board to have Mr . Cleveland , Bolton lPoint representative ask for a better explanation of costs and report back to the Board . Mrs . Kirby informed the Board that there will be a Public Hearing on November 12 , 1992 at 7 : 30 P . M . at the Tompkins County Airport Management Building in the Conference Room to discuss the nov &-mabg. o7 j 19q2 , " C.oN77Nu.EO hazardous waste site at Cornell ' s Airport area . 142 ; The Board will discuss on November 18 , 1992 at its regular meeting , the Town ' s purchasing policies and other pertinent policies . RESOLUTION , offered by Mr . Butler , seconded by Mr . Cleveland . BE IT RESOLVED , that there is a severe leaking condition to the Town Hall Annex roof which needs to be repaired on an immediate basis and for which the Town has received as estimated cost of Ten Thousand Dollars ( $ 10 , 000 . 00 ) . The Town Fiscal Officer is hereby authorized to effect emergency repairs to the roof and to expend funds necessary to permanently fix said condition in an amount not to exceed Ten Thousand Dollars ( $ 10 , 000 . 00 ) , which funds shall come from the repair reserve fund . This resolution and authority is • subject to permissive referendum , the period for which shall be thirty ( 30 ) days from the date of publication of a notice of the intent to expend such funds in the Town designated newspaper . ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman BOND RESOLUTION DATED NOVEMBER 4 1992 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 697 , 000 SERIAL BONDS OF THE TOWN OF LANSING , TOMPKINS COUNTY , NEW YORK , TO PAY THE COST OF THE CONSTRUCTION OF WATER SUPPLY , STORAGE , AND DISTRIBUTION FACILITIES OF SAID TOWN . WHEREAS , pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 - C of the Town Law , and more particularly an order dated December 30 , 1991 , the Town Board of the Town of Lansing , Tompkins County , New York , has established the Special Water Improvement District No . 1 in the Town of L ansing ; and WHEREAS , it is now desired to authorize the issuance of $ 697 , 000 serial bonds of said Town to pay the cost of the construction of water supply , storage , and distribution facilities for said Special Water Improvement District No . 1 in the Town of L ansing ; and WHEREAS , all conditions precedent to the financing of such capital project , including compliance with the provisions of the S tate Environmental Quality Review Act , have been performed ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Lansing , Tompkins County , New York , as follows : S ection 1 . For the specific object or purpose of paying the cost of the construction of water supply , storage , and distribution facilities , including storage tanks , pump station , water mains , and incidental equipment , machinery , apparatus , furnishings , appurtenances and other expenses in connection therewith for the S pecial Water Improvement District No . 1 in the Town of Lansing , at a maximum estimated cost of $ 697 , 000 , there are hereby authorized to be issued $ 697 , 000 serial bonds of said Town pursuant to the provisions of the Local Finance Law . S ection 2 . It is hereby determined that the maximum estimated cost of such specific object or purpose is $ 697 , 000 , and that the plan for the financing thereof shall consist of the issuance of the $ 698 , 000 serial bonds of said Town authorized to be issued pursuant to this bond resolution . S ection 3 . It is hereby determined that the period of probable November 04 , 1992 , continued usefulness of the aforesaid specific object or purpose is fort' 43 Y years , pursuant to subdivision 1 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 . S ection 4 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . Such notes shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said Supervisor , ® consistent with the provisions of the Local Finance Law . S ection 5 . The faith and credit of said Town of Lansing , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of an interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year . S ection 6 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Lansing , Tompkins County , New York , by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk . S ection 7 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds , are hereby delegated to the Supervisor , who shall advertise such bonds for sale , conduct the sale , and award the bonds in such manner as she shall deem best for the interests of the Town ; provided , however , that in the exercise of these delegated powers , she shall comply fully with the provisions of the Local Finance Law and any order or ✓ ule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance 11/1 to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money . S ection 8 . All - other matters , except as provided herein ✓ elating to such bonds , including prescribing whether manual or facsimile signatures shall appear on said bonds , prescribing the method for the recording of ownership of said bonds , appointing the fiscal agent or agents for said bonds , providing for the printing and delivery of said bonds ( and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor , providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues , shall be determined by the Supervisor . It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing , shipping and insuring bonds transferred or exchanged by the fiscal agent , and , accordingly , pursuant to paragraph c of Section 70 . 00 of the Local Finance Law , no such charges shall be so collected by the fiscal agent . Such bonds shall contain substantially the recital of validity clause provided for in section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52 . 00 of the Local Finance Law , as the Supervisor shall determine . Section 9 . This resolution shall constitute a statement of o fficial intent for purposes of Treasury Regulations Section 1 . 103 - 18 ( f ) . Other than as specified in this resolution , no monies are , or are reasonably expected to be , reserved , allocated on a long - term basis , or otherwise set aside with respect to the November 04 , 1992 , continued - 144 permanent funding of the object or purpose described herein . S ection 10 . The validity of such bonds and bond anticipation notes may be contested only if : 1 ) Such obligations are authorized for an object or purpose for which said Town is 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 IIIcommenced within twenty days after the date of such publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . S ection 11 . This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal , the official newspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was duly put to a vote on Roll Call , which resulted as follows : Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vofe of Town Board . . . ( Aye ) Larry Tvaroha , Councilman The resolution was therupon declared duly adopted . BOND RESOLUTION DATED NOVEMBER 4 , 1992 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 109 , 500 SERIAL BONDS OF THE TOWN OF LANSING , TOMPKINS COUNTY , NEW YORK TO PAY THE COST OF THE ACQUISITION OF A PARCEL OF LAND OF • APPROXIMATELY 146 ACRES FROM THE STATE OF NEW YORK LOCATED ON THE NORTH SIDE OF NEW YORK STATE ROUTE 34 AT CONLON ROAD FOR FUTURE USE FOR RECREATIONAL AND GOVERNMENTAL PURPOSES IN AND FOR SAID TOWN . WHEREAS , all conditions precedent to the financing of the capital project hereinafter described , including compliance with the provisions of the State Environmental Quality Review Act , have been performed ; and WHEREAS , it is now desired to authorize the financing of such capital project ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Lansing , Tompkins County , New York , as follows : S ection 1 . For the specific object or purpose of paying the cost of the acquisition of a parcel of land of approximately 146 acres from the State of New York located on the north side of New York State Route 34 at Conlon Road for future use for recreational and governmental purposes in and for the Town of Lansing , Tompkins County , New York , there are hereby authorized to be issued $ 109 , 500 serial bonds of the Town of Lansing , Tompkins County , New York , pursuant to the provisions of the Local Finance Law . S ection 2 . It is hereby determined that the maximum estimated cost of such specific object or purpose is $ 109 , 500 . and the plan for the financing thereof is by the issuance of the $ 109 , 500 serial bonds authorized to be issued pursuant to this bond resolution . S ection 3 . It is hereby determined that the period of probable November 04 , 1992 , continued 1 4 5 u sefulness of the aforesaid specific object or purpose is thirty years , pursuant to subdivision 21 ( a ) 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 shall not exceed five years . S ection 4 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . S uch notes shall be of such terms , form and contents , and shall be 1111 sold in such manner , as may be prescribed by said Supervisor , consistent with the provisions of the Local Finance Law . S ection 5 . the faith and credit of said Town of Lansing , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year . There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable . S ection 6 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Lansing , Tompkins County , New York , by the manual or facsimile signature of the S upervisor and a facsimile of its corporate seal shall be imprinted o r impressed thereon and attested by the manual or facsimile signature of the Town Clerk . S ection 7 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds , are hereby d elegated to the Supervisor , who shall advertise such bonds for sale , conduct the sale , and award the bonds in such manner as she shall deem best for the interests of the Town ; provided , however , 11/0 that in the exercise of these delegated powers , she shall comply fully with the provisions of the Local Finance Law and any order or ✓ ule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money . S ection 8 . All other matters , except as provided herein relating to such bonds , including prescribing whether manual or facsimile signatures shall appear on said bonds , prescribing the method for the recording of ownership of said bonds , appointing the fiscal agent or agents for said bonds , providing for the printing and delivery of said bonds ( and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor , providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues . , shall be determined by the Supervisor . It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing , shipping and insuring bonds transferred or exchanged by the fiscal agent , and , accordingly , pursuant to paragraph c of S ection 70 . 00 of the Local Finance Law , no such charges shall be so collected by the fiscal agent . Such bonds shall contain substantially the recital of validity clause provided for the section 52 . 00 of the Local Finance Law , as the =Supervisor shall d etermine . S ection 9 . This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1 . 103 - 18 ( f ) . Other than as specified in this resolution , no monies are , or are reasonably expected to be , reserved , allocated on a 14 ,6 November 04 , 1992 , continued long - term basis , or otherwise set aside with respect to the permanent funding of the object or purpose described herein . Section 10 . The validity of such bonds and bond anticipation notes may be contested only if : 1 ) Such obligations are authorized for an object or purpose for which said Town is 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 such publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . Section 11 . This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal , the official newspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was duly put to a vote on Roll Call , which resulted as follows : ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman The resolution was thereupon declared duly adopted . • BOND RESOLUTION DATED NOVEMBER 4 , 1992 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 280 , 000 SERIAL BONDS OF THE TOWN OF LANSING , TOMPKINS COUNTY , NEW YORK TO PAY THE COST OF THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT FOR SAID TOWN . WHEREAS , all conditions precedent to the financing of the capital projects hereinafter described , including compliance with the provisions of the State Environmental Quality Review Act , have been performed ; and WHEREAS , it is now desired to authorize the financing of such capital projects ; NOW THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Lansing , Tompkins County , New York , as follows : . Section 1 . For the specific objects or purposes of paying the costs of the purchase of various items of equipment for the Town of Lansing , Tompkins County , New York , there are hereby authorized to be . issued .$ 280 , 000 serial bonds of said Town pursuant to the provisions of the Local Finance Law , apportioned among such items of equipment in accordance with the maximum estimated cost of each . . Such items of equipment are as follows : a ) The purchase of a ten wheeler with plow , wing and salt spreader , at a maximum estimated cost of $ 104 , 000 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years , pursuant to subdivision 28 of paragraph a of Section 11 . 00 of the Local Finance Law , and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed five years ; and 1 . 4. 7 November 4 , 1992 , continued b ) The purchase of a pick - up truck , at a maximum estimated cost of $ 11 , 000 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years , pursuant to subdivision 28 of paragraph a of Section 11 . 00 of the Local Finance Law , and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed five years ; and ® c ) The purchase of a roadside mower , at a maximum estimated cost of S5 , 000 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years , pursuant to subdivision 28 of paragraph a of Section 11 . 00 of the Local Finance Law , and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed five years ; and d ) The purchase of a crusher , at a maximum estimated cost of $ 160 , 000 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years , pursuant to subdivision 28 of paragraph a of Section 11 . 00 of the Local Finance Law , and that the maximum maturity of the serial bonds S erein authorized for said purpose will not exceed five years . S ection 2 . The aggregate maximum estimated cost of the aforesaid said specific objects or purposes is $ 280 , 000 , and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof . S ection 3 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond 1110 anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . S uch notes shall be of such terms form and contents , and shall be sold in such . manner , as may be prescribed by said Supervisor , consistent with the provisions of the Local . Finance Law . S ection 4 . The faith and credit of said Town of Lansing , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same ✓ espectively become due and payable . An annual appropriation shall be made in _ each year sufficient to pay the principal of and interest on such obligations becoming due and payable in . such year . There shall annually be levied on all the taxable real property in said Town . a tax sufficient to pay the principal of an interest on such obligations as the same become due and payable . _ S ection 5 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Lansing , . Tompkins County , New York , by the manual or facsimile signature of the S upervisor and a facsimile of its corporate seal shall be imprinted o r impressed thereon and attested by the manual of facsimile signature of the Town Clerk . S ection . 6 . The powers and duties of advertising such bonds for ® sale , _ conducting - the sale and awarding the bonds , are hereby d elegated to the Supervisor , who shall advertisesuch. bonds for sale , conduct the sale , and award the bonds in such manner as she shall _ deem _ best for the interest of the Town ; . provided , however , that in the exercise of these delegated powers , shall comply fully w ith the provisions of the Local Finance Law and any order or rule o f the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaserof such bonds , who shall not be obliged to_ . see to the application of the purchase money . 148 November 04 , 1992 , continued S ection 7 . All other matters , except as provided herein relating to such bonds , including prescribing whether manual or facsimile signatures shall appear on said bonds , prescribing the method for the recording of ownership of said bonds , appointing the fiscal agent or agents for said bonds , providing for the printing and delivery of said bonds ( and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor , providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues , shall be d etermined by the Supervisor . It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing , shipping and insuring bonds transferred or exchanged by the fiscal agent , and , accordingly , pursuant to paragraph c of d ection 70 . 00 of the Local Finance Law , no such charges shall be so collected by the fiscal agent . Such bonds shall contain substantially the recital of validity clause provided for in section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52 . 00 of the Local Finance Law , as the Supervisor shall d etermine . S ection 8 . This resolution shall constitute a statement of o fficial intent for purposes of Treasury Regulations Section 1 . 103 - 18 ( f ) . Other than as specified in this resolution , no monies are , o r are reasonably expected to be , reserved , allocated on a long - term basis , or otherwise set aside with respect to the permanent funding of the object or purpose described herein . S ection 9 . The validity of such bonds and bond anticipation n otes may be contested only if : 1 ) Such obligations are authorized for an object or purpose for III which said Town is 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 such publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . S ection 10 . This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal , the official n ewspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was d uly put to a vote on Roll Call , which resulted as follows : ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor ✓ ote of Town Board . . . ( Ave ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman • Vote of Town Board . . . ( Ave ) Larry Tvaroha , Councilman The resolution was thereupon declared duly adopted . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the bookkeeper is hereby authorized and d irected to make the budget modification as follows : Transfer 51 . 500 . 00 from DB9901 . 900 ( Interfund transfer ) to ,D$ . 5110 . 400 (Street Maintenance. . Contractual) ; Thris , is ! £or 8t.:1u 149- November 0 , 1992 , continued G eor.g_e_ .Ro_ad turn - a - round , Dublin Road and Lansing Station Road , purchase of surplus culvert pipe . 411/ Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman VDte . o.f Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman RESOLUTION , offered by Mr . Butler , seconded by Mr . Cleveland . RESOLVED , that the Town Board authorizes David Herrick , Town Engineer to prepare a change order No . 1 , authorizing the work on G randview Drive to be done ( replacing 400 ' at a cost of $ 4 , 160 . 00 ) . and to adjust the contractor ' s base bid amount by $ 4 , 160 . 00 to be a part of the . construction contingency . BE IT FURTHER RESOLVED , that Supervisor , Jeannine Kirby be authorized to sign said change order . ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Nay ) Larry Tvaroha , Councilman Walter _ Wiggins , Attorney representing Dick & Flo Pinney addressed the Board and read the following contents of the letter : ( letter sent to Walter J . Wiggins , from Dirk A . Galbraith ) I wish to advise that my clients , Leo Mahool and Charles Tallman , are willing to assign to the Town of Lansing as security ' I for performance of anticipate road repairs by your client , LRS E xcavating , a letter of credit which is presently on file with the Town of Lansing in the sum of $ 35 , 000 . 00 Mr . Mahool and Mr . Tallman are further willing to consent to the assignment by your client of its interest in funds presently on deposit with the Tompkins County . Clerk in the sum of approximately $ 36 , 000 . 00 for the same purpose , thereby providing a total secured undertaking in the sum of 571 , 000 ._ 00 . If this is satisfactory to your client and the Town of L ansing , please _ advise and I shall prepare the necessary agreement between our clients so that the proposed road repairs , as approved by the Town of. Lansing , may be initiated . Attorney Wiggins , presented the letter to the clerk as conformation of these approvals and hoped the Board would accepted this agreement . The Board ' s consensus was that the total amount of $ 71 , 000 . 00 will be satisfactory for the guarantee of the work that pursuant to the plan that was presented and approved by the Town Board and that in the spring upon proper presentation pending a review of the test section and that the road is completed the Town Board would entertain a request to reduce the amount of the Bond for the one year guarantee . Mr . Larson stated that when the evaluation of the test section ® is done in the spring that all parties be involved . If the parties can ' t agree and the test section does not hold an independent third party will be called in . Dirk Galbraith will prepare the agreement and bring it back to the Town Board and have the agreement signed . Attorney Wiggins thanked the Board for their time . RESOLUTION , offered by Mr . Tvaroha , seconded by Mr . Cleveland . RESOLVED , that the Special Meeting be adjourned to go into Executive Session at 8 : 40 P . M . Carried . RESOLUTION , offered by Mr . Butler , seconded by Mr . Cleveland . RESOLVED , that the Executive Session be terminated and the Special Meeting be reconvened at 9 : 00 P . M . Carried 150 November. . 04 , 199.2 ,. _ continued L inda _ Hi .rvonen ,__ Chai.rperson _ . for _the. Town , of Lansing_ Planning B oard addressed the Board on_ the propos_ed amendment to _ _the- Zoning O rdinance : Airport Flight Path dated October 02 , 1992 . Copie-s _ of said amendment = were passed . out. to= al .l . Board Members . 4110 L inda informed _ _ the _ Board that - the _ Fire Department gave approval _ on the Duenkeisbueher property stating they had gone down it and found no problem . Jeff Uotila contacted the Fire_ Department - asking for approval on his property and the Fire Department has refused to do them any more . _ They stated it _ was liability problem . _ _ The _ Board and the Fire. . Commiss.ioners will _meet to discuss this situation . L inda Hirvonen further discussed the Uotila property . Linda stated that the future flow of traffic and the safety of the people that are now there are the Planning Boards main concerns . Mr . Thaler stated that the Planning Board should inform the developers that you need to have a north - south artery . If you don ' t want to put it where the Planning Board thinks it should be located than have the developer come up with an alternative proposal and present it in writing . The Planning Board has an issue that Larry Fraboni , representing the development of 5 lots in the Rocco Lucente property presented to them . The question was whose jurisdiction is it . It ' s not a subdivision , and it is in the low density area . L ucente ' s are asking for a nonconforming use . Mr . Totman should deny the permits and this issue should be • h andled by the Zoning Board of Appeals . Linda Hirvonen questioned A# 19 on the SEQR Negative D eclaration which states : Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the E CL , and 6 NYCRR 617 ? Yes No Mr . Thaler will review this and report back to the Board . Meeting adjourned at the call of the Supervisor at 10 : 15 p . m . Minutes taken and prepared by the Deputy Town Clerk .