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HomeMy WebLinkAbout2009-07-15 1 July 15, 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 Absent Connie Wilcox Councilperson Absent Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Visitors: Jeff Overstrom, Steve Colt, Jack French, Dan Veaner, Pete and Jackie Larson, Marjorie and Donald Sharpsteen, Gerry and Ginny Sharpsteen, John O’Neill, Bill Demo, Bill Burin, Deb and Chuck Crandall, Nicole Jefferson, Michael Moseley, Linda Gell, Sharon Butler Bowman, Claes Nyberg and a couple of other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Wood Burning on Peruville Road: Nicole Jefferson and Linda Gell approached the Board with concerns regarding an on going problem with Scott Morgan burning in an outside stove. This is affecting six (6) families. They are having health problems and cannot keep their windows open due to the terrible smell. This started about a year ago and is still on going. This fire is burning many hours in the summer months also. The women stated that their landlord offered to help with the cost of moving the stove but Mr. Morgan refused the offer. Mr. Overstrom and Mr. Pinney will look into this matter and the women were told to contact Mr. Overstrom in a couple of weeks. Steve Locey – Locey and Cahill, LLC: Mr. Locey went over the proposed 2010 Consortium Rates. He stated that this insurance would be equal to or better then what is offered by the Teamsters at a price that is equal to or less than what the Teamsters are charging for their coverage. They want to cover active employees that are covered by the Teamsters plus the retirees. He informed the Board that the Teamsters premium will increase by 15% for 2010 and the Consortium would likely only go up by 6%. He stated that there are currently six (6) municipalities that are considering joining and eleven (11) that have passed the resolution to move forward. He asked the Board to consider passing a resolution no later than the August meeting to enter into an agreement with the Greater Tompkins County Health Care Consortium for the NYS shared municipal services program. He also stated that the Board could pull out of the agreement by October 3, 2009 with no obligations. The Board will consider this and discuss it at the August meeting. Health Insurance: 2 Mr. Christopher stated that “In order to clarify my position on the present retiree health care benefits issue, I am making the following statement, to be so noted in the minutes of tonight’s minutes. Since this extremely sensitive issue has cause a great deal of anxiety, not only for those who are already retired and those who will be considering retirement in the near future, but also for those of us on the board, I felt it necessary to make my feeling public.” He then read the following letter to all present: The review of Lansing Town Health Care expenditures became an agenda item a number of months ago, and has remained so, as we on the board have looked at this exceptionally high budget item closely over these many months. It also has become obvious that the town portion of health care payments is extremely generous, especially for the retiree’s from the town. One source of health care expense that stood out was the reimbursement of the monthly Medicare payment, to the retiree’s who are drawing Social Security. This stretches the boundaries of health care benefits, as we on the board saw it, and became one of the initial issues we focused on. The $96.40 per month that town taxpayers were paying we concluded as an unreasonable benefit, and we agreed as one, to discontinue refunding this payment. This alone will result in a savings to our taxpayers of nearly $4,800 a year, not considering additional savings for years to come by not reimbursing the Medicare payment. As discussions continued, it became quite evident that Supervisor Pinney was interested in looking into further cutting expenditures in the Health Care arena by eliminating insurance payments made by the town, on behalf of retirees. Initially I viewed these potential changes as a good way to cut taxes and tighten purse strings, which we all have been doing with our economy in its present condition. Personnel Officer Sharon Bowman was directed by Supervisor Pinney to provide us with numerous sources of information in order for us to make comparisons of various insurance packages. Sharon has done an exceptional job in putting all sorts of data together, and making it available for the board to analyze and discuss. However, it was very apparent that once retiree’s became aware the town board was in the process of discussing “retiree health care benefits”, those whom it would affect, viewed it as a negative move and an immediate issue of serious contention. This became even more evident, as talk of this issue permeated throughout the community, clearly defining the board move as irresponsibly “taking benefits away” from already retired town employees, who had been promised those benefits by a town board from the past. It was also very evident that we had to look much closer at what direction we as a board would take, if adjustments were to be made in any health care packages. The sensitivity of this issue far outweighed anything I had considered when “retirement health care benefits” were first addressed. Personally, I have been contacted by a number of residents in the community who were very unclear about the motives our board had when we undertook this review. Some even heard that it was merely to “eliminate retiree benefits”, and saving tax payers dollars was not the primary goal. Some have claimed to hear it is a personal agenda item of our new supervisor. Others believe we are simply trying to cut tax dollars and do not care what areas we focus on. One area of contention under discussion is the “Sick Leave Credit” {SLC} Plan that has been in place for a number of years. The SLC Plan has allowed employees to “earn/save” sick time for credits towards insurance after retirement. We presently have four (4) retirees utilizing these credits, but many who plan on retiring from the town are accumulating SLC’s as we speak. I am not a proponent of this plan myself, but I do not believe it is ethical to eliminate the SLC Plan from those who retired with it in place. I also believe it is critical for us to devise another way to compensate fellow town employees who have been working and saving sick time, under the assumption that such credits would continue to be allowed. Therefore after a great deal of thought and consideration, I want to make it very clear that I will only be a proponent of a plan or plans that do not, under any circumstances, increase health care benefit expenses to present retirees, except for the monthly Medicare payment, which I wholeheartedly feel should not be a town responsibility. If a modification or replacement plan can be adapted that will benefit both town taxpayers and town employees, saving both financially and not diminishing benefits within the policies, I will gladly support such a plan or plans. 3 Unlike corporations and large municipalities who may not deem their employees as their most important commodity, I still do, and will, for the remainder of my time on the Lansing Town Board. I do not want to be remembered as part of a board that was so concerned at saving taxpayers money, that I forgot those on the team that have worked for us, nor those that continue to be on our payroll. I firmly believe that this is the right direction to take at the present time. Marty Christopher / Councilman, Lansing Town Board…….7/15/2009 All of the Board agreed that it would be hard to move forward at this point as two Board Members are absent. This will be discussed at the next meeting. Pete Larson: Mr. Larson thanked Mr. Christopher reading his letter and Mr. Besemer for his support. He stated that the retirees were willing to work with the Board to come up with a plan that would benefit all involved. SMSI Grant: Mr. Pinney stated that in 2007 all Municipalities voted to allow the County to apply for the grant. After some discussion, it was decided that the Town should support this as they supported it in 2007 and we should not hold it back at this point. Mr. Besemer felt part of the reason there was no second to the Resolution offered at the last meeting was because of what it would cost the tax payers and how would the Town of Lansing benefit from it. He stated that it will not cost us anything as the money has already been issued and the IDA is providing the 10% local matching funds. It was hopeful that this would also help support future grants. The following resolution was then passed: RESOLUTION 09-125 RESOLUTION RE ENDORSEMENT OF ECONOMIC DEVELOPMENT COLLABORATIVE FOR COUNTY-WIDE EVALUATION OF WATER AND SEWER INFRASTRUCTURE At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of July, 2009, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney - aye; Martin Christopher – aye; Matthew Besemer - aye; and the following Resolution therefore passed 3-0, and was duly adopted: WHEREAS, the Tompkins County Economic Development Strategy’s goals include increasing and diversifying the County’s housing supply and revitalizing the County’s unique commercial districts and town centers; and WHEREAS, the Economic Development Collaborative (“EDC”) was organized to, among other things, (i) formalize, strengthen and deepen the cooperation among the many local agencies and municipal bodies addressing economic development, and (ii) to address issues in the County to make the process more effective though common goals and approaches; and 4 WHEREAS, the Tompkins County Council of Governments (“TCCOG”) is a member of the EDC, which is currently working to address the goals of the County’s Economic Development Strategy; and WHEREAS, the EDC suggested (i) the creation of an updated County -wide evaluation of existing water and sewer infrastructure, and (ii) the development of a conceptual plan of water and sewer infrastructure needed to support planned future growth to meet housing and economic development goals; and WHEREAS, the last County-wide evaluation of water and sewer infrastructure was completed in 1994; and WHEREAS, an updated evaluation would facilitate the development of housing within town and village centers, assist in commercial revitalization of those centers, growth in the tax base, and promote the most efficient use of public dollars for infrastructure; and WHEREAS, the result of this evaluation will be a report that is available for all municipalities to use in their planning of infrastructure development (though no actual investment in such infrastructure is included in this project); and WHEREAS, the County of Tompkins, on behalf of TCCOG, applied for and was awarded a grant known as the Shared Municipal Services Incentive (“SMSI”) grant from the State of New York to (i) conduct a County-wide evaluation of water and sewer infrastructure, and (ii) develop a conceptual plan; and WHEREAS, TCCOG unanimously adopted this Resolution upon September 25, 2008, and directed that it be forwarded to municipalities for consideration and approval by such local municipal boards; and WHEREAS, the Tompkins County Legislature adopted Resolution Number 186 of 2008 upon September 16, 2008, which Resolution authorized the acceptance of this grant in the amount of $82,245.24 for the purpose of conducting a County -wide evaluation of water and sewer infrastructure and to develop such conceptual plan; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing, by adoption of this Resolution, declares its intent to support the development of a County-wide evaluation of existing water and sewer infrastructure and the development of a fair conceptual plan regarding water and sewer infrastructure to support planned future growth to meet housing and economic development goals of the County and the Town of Lansing; and it is further RESOLVED, that the Town of Lansing agrees to work with the EDC to ensure cooperation with the Town’s planning department, and other Town employees and officials, so as to provide needed information and documentation requested by the consultant team, led by T. G. Miller, P.C, including, but not limited to, information pertaining to: currently rated capacities of water and wastewater treatment systems from existing SPDES permits and facility plans; maps showing current water distribution lines and sanitary sewer collection systems; any recent studies of water and sewer facilities; any treatment processes, whether mechanical or otherwise, and any system upgrades or new construction projects; any scheduled or anticipated system upgrades or new construction; any historical problems and other obstacles encountered in such systems, plans or upgrades, including operational difficulties, regulatory compliance, land use restrictions, public impacts or complaints, or funding; the current populations serviced by existing systems; anticipated 10-year population growths; and/or any existing or planned funding sources that may be available. SEQRA: Type II Action Collateral Source Bill: 5 RESOLUTION 09-126 RESOLUTION ENDORSING NYS COLLATERAL SOURCE BILL A.7504-B/S.6004 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 17th day of June, 2009, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney - aye; Martin Christopher – aye; Matthew Besemer - aye; and the following Resolution therefore passed 3-0, and was duly adopted: WHEREAS, under current state law, public employees hurt on the job are paid twice; both times out of the taxpayers pocket for the same lost future earnings; and WHEREAS, there is a Bill proposed and pending in the State Senate and the State Assembly that, in addition to ending the unfair double recoveries against public employers, removes an impediment to the settlement of tort actions; and WHEREAS, these Bills would protect all parties in the lawsuit (including public employer defendants) who settle the case from then being subjected to a claim by a health benefit provider or other collateral source payer for reimbursement of monies paid to the plaintiff unless there is a statutory right to such reimbursement, thereby encouraging settlement; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that that the Town of Lansing does hereby advise the Governor and the Legislature of the State of New York that it supports these Bills, thus urging our New York State lawmakers to vote such Bills into law; and it is further RESOLVED, that certified copies of this Resolution shall be forwarded to: New York State Governor David Paterson, Executive Chamber, State Capitol, Albany, NY 12224; Peter J. Kiernan, Counsel to the Governor, Executive Chamber, Albany, NY 12224; New York State Senate Majority Leader Pedro Espada, Jr., Room 420, State Capitol Building, Albany, NY 12247; New York State Senate President Malcolm A. Smith, Room 909, Legislative Office Building, Albany, NY 12247; New York State Senate Democrat Conference Leader John L. Sampson, Room 409, Legislative Office Building, Albany, NY 12247; New York State Assembly Speaker Sheldon Silver, Room 932, Legislative Office Building, Albany, NY 12248; New York State Senator Michael F. Nozzolio, 54 th Senate District, Room 413 Legislative Office Building Albany, NY 12247; New York State Assemblyperson Barbara Lifton, 125 th Assembly District, Legislative Office Building, Room 555, Albany, NY 12248; and Barry P. Schwartz, Esq., Senior Counsel, Appeals Division, New York City Law Department, 100 Church Street-Room 6-181, New York, New York 10007. 6 SEQRA: Type II Action. Village Snow Plowing: Mr. Pinney stated the following regarding the snow plowing issue with the Village of Lansing: At this point the Town of Lansing will no longer be plowing snow for the Village. The negotiations actually started last August. The Town has had a contract with the Village for almost the past 20 years and the base dollar amount of $ 25,000.00 has not changed in that entire time period. After looking at this figure the anticipated cost of salt alone for the up coming season was over $ 40,000.00 alone. Last August Mayor Hartill, himself and Jack French sat down and discussed adding an additional $ 30,000.00 to the 2008 - 2009 plowing season. At this time the Mayor seemed very favorable of giving the Town more money because the costs were so much higher. A joint meeting with the entire Town and Village Board’s was held and the Town wanted to increase the contract amount by $70,000.00. Mr. Pinney stated that this was a large increase but that there had never been any increase in previous years. This price was still below the total cost to the Town. The discussion of the $30,000.00 for the 2008-2009 season was discussed and Mr. Pinney felt it was more than acceptable to all of the Village trustees. At this time, Donald Hartill and the trustees are not willing to give the Town any portion of this money. Mr. Pinney stated that he was very disappointed as they said they would pay this and now they are backing out. He also felt the comment in the newspaper stating that the Village felt they were blind sided by the Town for snow plowing was very unfair as the negotiations have been going on for almost a year. He felt the Town had been very fair and reasonable and willing to work with them in what ever direction they wanted to go. Mr. Christopher stated that he felt 11 months of negotiations was not blind siding the Village as everything was out in the open. Planning and Engineering Department Report: Mr. Overstrom went over the following with the Board: Code Office Monthly Activity Report June, 2009 Planning Board – June 22, 2009 • Site Plan & SEQR Review, Seasonal Road Side Produce Stand (Rosie Acres) State Route 34 • Joint Meeting (TB, ZBA & PB) further discussion on the “100 Item List” Training Jeff- Code Enforcement Officer-Montour Falls, NY June 2-4, 2009 Fire Safety Inspections & Re-Inspections Total: 7 Construction Inspections Total: Approximately: 81 Operating Permits Issued June: 0 Year to Date Total: 2 New Addresses Issued Total: 3 Notice of Fire June: 0 Year to Date: Total 7 7 Expired Permit Notices First Notices: 8 Second Notices: 9 Renewed Permits 6 Renewed Permits YTD - 27 Electrical Certificates Issued Total: 21 Electrical Inspections Total: 43 Electrical Re-Inspections to same Address Total: 6 Town Property on Myers Road: Mr. Overstrom asked what the next step would be in order to sell a piece of surplus land on Myers Road. It was determined that there are only two property owners that would benefit from this piece of property. Mr. Pinney will send out letters to the individuals and it will be sold to the highest bidder. Highway Department Report: Paving: The Highway Department has been busy with paving and shoulders. Should finish up soon by the end of next week. Brush Pile: The brush pile has been chipped up at about half the cost of previous years. Cayuga County Soil and Water did the chipping and Mr. French stated that they did a great job. Warren Road: Construction has started on Warren Road (Route 13 to Asbury). Warren Road will be shut down for about six weeks (from Hillcrest to the north). Rizzio Construction from Auburn is doing the construction. It was stated that they are not tying in the Warren Road Sewer project at this time as Rizzo Construction did not know anything about the project. Hog Weed: Mr. French informed all present that hog weed has been spotted on both sides of Niemi Road in the Town of Dryden. This is a very poisonous weed and it is also very dangerous. It can grow to 20 feet and has a large white flower on the top. DEC and Cornell has been contacted and are in the process of trying to control it Park and Recreation Department Report: Mr. Colt went over the following report with all present: Parks & Recreation 7/15/09 Town Board Meeting RECREATION 8 • Many of our summer programs have started or will be within a week. This year we added several new programs including Chinese Brush and Water Color Painting, Electricity-building a motor, Wireless Radio, French Camp, Cross Country Camp, BMX and Skate Camp at the East Shore Skate Park and more cooking camps all to go along with our standard traditional programming. • One of our feature programs again is the Day Camp at Myers Park under the direction of Sue Frahm along with one of the best staffs we have ever had. Each of the 3 sessions sold out weeks ago and even with the nasty weather the camp sessions have been great. One of the high points so far was a trip to Cornell University for a day long session with the International Studies Department. This trip was actually sparked by our presentation at one of last years town board meetings with Nancy Longto present. After the meeting she started communicating with us and the International Studies department which eventually brought the trip to reality. At no charge, our day camp leaned and participated in Chinese calligraphy, dance & movement, building Eiffel Tower replicas with laces, games from around the world and ended with a scavenger hunt for animals in the Johnson Museum. The program was very well organized. Our Day Camp also has done a Wheels Day, Ice Skating, trips to Yaman Beach in Cortland, Hanger Theater, Bob Keefe music hour, Fossil Hunting, In Camp Talent Shows, swimming and tennis at the high school, stone painting (Lake Ontario stones), and much more. • At least one of our summer softball or baseball teams is in action every night with games or practice trying to catch up with the many rain-outs that we have suffered. Games are scheduled through the end of this month with some levels having playoffs. • Swimming Lessons at the high school pool are going well. We have over 200 participants registered for Red Cross lessons with levels including Parent & Child through level 6. • The “Late Summer & Fall” program booklet went into the schools on June 24th and registrations for Karate, YFL Football, Flag Football, Cheerleading and the Fall Soccer Program are coming in now. Football is very active right now as I am the founder and president of the YFL that currently has over 500 youth football players. We will be hosting a Youth Coaching & Certification class here on August 12th. Our coaches and other coaches from around the region will participate. The class is under the direction of Youth Sports New York based at SUNY Cortland. Most of these recreation programs start in late August and early September. PARKS • Concerts – Tomorrow night is our 3rd concert in our series and “Iron Horse” will play at 6:30 weather permitting. Our first concert of the season was rained out and we have rescheduled “Backtalk” for August 13th at 6 PM. Our other two shows have happened as scheduled with good attendance and donations that have more than paid for the costs of those bands. • I am meeting tomorrow with Carissa Fallon who is interested in trying to open a concession in the Park. She is in the planning stages now but would like to open this summer as a trial and then go with a larger commitment next season. • Sarah Tull is our waterfront director this summer in charge of lifeguards at our swim area at Myers Park. The swim area opened on June 26th and will be open through August 23rd. The swim area hours are from 10:30 AM – 8 PM with over 700 patrons using the area to date. Our highest count for a single day so far has been 149 swimmers. Most every day has been windy, cool or rainy with average water temperatures in the low to mid 70’s. • The weather so far this summer has not been great and has kept admissions low even though camping reservations have been very good. We need a long dry fall! Approve Minutes: 9 RESOLUTION 09 – 127 A copy of the minutes of June 17, 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. Christopher and seconded by Mr. Besemer: RESOLVED, that the minutes of June 17, 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) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 09 – 128 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications CONSOLIDATED ABSTRACT _# 007 _ DATED __7/15/09__ AUDITED VOUCHER #’s ___534 - 669_ PREPAY VOUCHER #’s ___534 - 537 _ AUDITED TA VOUCHER #’s __ 50 – 56 _ PREPAY TA VOUCHER #’s _50 _ FUND TOTAL APPROPRIATIONS GENERAL FUND $ 51,102.37 HIGHWAY FUND $ 300,283.35 LANSING LIGHTING $ 127.53 LANSING WATER DISTRICTS $ 6,434.10 CHERRY ROAD SEWER $ _ _ 0.00 TRUST & AGENCY $ 49,045.32 CWD EXTENSION #1 $ 9,803.95 CWD EXTENSION #2 $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A FROM TO FOR AMOUNT 10 Appropriate Additional Fund Balance to Cover the Following A599 A8510.401 From Fund Balance to Town Center Contractual 25,000.00 Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS: Matt Besemer: Nothing to report at this time. Marty Christopher: The Farmer’s Market was a huge success. There were 19 vendors and are now 24 signed up for next week. A. Scott Pinney: Town Center Committee: Mr. Pinney stated that the Town Center Committee has met for the second time and would like to hire professional services. He asked for a $25,000.00 Budget Modification. The Board agreed and passed the following resolution: RESOLUTION 09 - 129 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the Town Board hereby authorizes the bookkeeper to make a Budget Modification in the amount of $ 25,000.00 from Fund Balance to Town Center Contractual to hire a professional service to start a drawing for the Town Center. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Mr. Nyberg asked what the purpose of the Town Center Committee was. Mr. Pinney stated that the Board is trying to designate an area for a Town Center to promote Commercial Development and affordable housing, etc. They will try to get the community involved in this process. Mr. Nyberg thought the Town already had a master plan for all of this. Mr. Pinney stated that there is a comprehensive plan but they are looking for a lot more detailed plan for more of a condensed, commercial area. Mr. Nyberg felt many items the Board talks about are very important items and that they should be on the Town’s website as he felt a lot of people would be interested in these items but you have to come to Board Meetings to find out what is going on in the Town. He urged the Board to push a little harder to make people aware of what is going on. 11 Cherry Road Sewer Billing: The Town Clerk asked the Board to pass the following resolution so that the Cherry Road Sewer Billing can be put on the Bolton Point Water Bills. The following resolution was then offered: RESOLUTION 09-130 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 17th day of June, 2009, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney - aye; Martin Christopher – aye; Matthew Besemer - aye; and the following Resolution therefore passed 3-0, and was duly adopted: WHEREAS, once a year the Town Clerk hand bills sixty-two (62) accounts for the Cherry Road Sewer District and WHEREAS, this billing can become a part of the August water bill as a line item, and WHEREAS, all property owners have been notified of this change, therefore it is hereby RESOLVED, that Southern Cayuga Lake Intermunicipal Water Commission is hereby authorized and directed to add the amount of the Cherry Road Sewer billing to the August, 2009 water bill and that it is further RESOLVED, that S.C.L.I.W.C. is hereby authorized to add said billing to the August water bills each year until notified differently. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Monthly Report: The Supervisor submitted his monthly report for the month of June, 2009 to all Board Members and to the Town Clerk. Placement of Log Cabin: It was stated that Mr. LaVigne is getting close to getting enough donations to erect the Log Cabin and that a site needs to be picked out for the placement of the cabin. After some discussion it was decided the Connie Wilcox and Bud Shattuck will be contacted and asked for their input in the matter. Bond Resolution: RESOLUTION 09 – 131 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 17th day of June, 2009, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Francis Shattuck, Councilperson; 12 and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney - aye; Martin Christopher – aye; Matthew Besemer - aye; and the following Resolution therefore passed 3-0, and was duly adopted: BOND RESOLUTION BOND RESOLUTION DATED JULY 15, 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 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 Inter municipal 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 13 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 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 co nnection 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 the reto 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 14 Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note 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 collecte d 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. 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 t he 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 15 3) Such joint bonds are authorized in violation of the provisions of the Constitution. 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. Town Counsel Report: Sun Path Development: 16 Mr. Krogh stated that everyone under the sun has been sued rela tive to Sun Path as the homeowners want water. He stated that he needs a basis resolution to authorize him to proceed on this matter. He also stated that if the Insurance Company does provide a defense, they will select who Counsel will be. The following resolution was then adopted: RESOLUTION 09-132 RESOLUTION AUTHORIZING REPRESENTATION IN SUN PATH LITIGATION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of July, 2009, the following members being present: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney - aye; Martin Christopher – aye; Matthew Besemer - aye; and the following Resolution therefore passed 3-0, and was duly adopted: WHEREAS, the Town has received an advance copy of a filed Summons and Complaint wherein the Town, the Town Board, the Planning Board and the CWD have been named as Defendants in litigation pertaining to water lines and service along Sun Path Road in litigation entitled Harrison, et al., versus the Town of Lansing, et al., Tompkins County Supreme Court Index Number 09 -0757; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Guy K. Krogh, Esq., and Lorraine Moynihan Schmitt, Esq., be and hereby are authorized to undertake representation of the Town, the Town Board, the Town Planning Board and the CWD; and it is further RESOLVED, that Town Counsel duly notify Selective Insurance of this claim and seek a determination as to coverage and an assignment of this matter to defense counsel, and further, that Town Counsel accept service of process and undertake such actions as such Town Counsel now or hereafter deems necessary or prudent to protect and defend the Town in such suit and against such claims. SEQRA: Type II Action. Executive Session: RESOLUTION 09 – 133 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting is adjourned to go into Executive Session at 7:50 p.m. to discuss a legal matter regarding the Highway Department. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor 17 Terminate Executive Session: RESOLUTION 09 – 134 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 8:06 p.m. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Adjourn Meeting: RESOLUTION 09 – 135 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Pinney: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 8:07 p.m. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk.