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HomeMy WebLinkAbout2015-08-05 1 SPECIAL/WORK SESSION TOWN BOARD MEETING August 5, 2015 A Special/Work Session Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:00 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Munson, Deputy Town Clerk showed the following to be PRESENT: Kathy Miller, Supervisor Robert Cree, Councilperson Doug Dake, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: None ALSO PRESENT: Sharon Bowman, Deputy Supervisor, Guy Krogh, Town Counsel, Dan Veaner, Lansing Star, John O’Neill, Village of Lansing, Connie Wilcox, Larry Fabbroni, Jr., Patrick Jordan, Ciaschi-Dietershagen –Little-Mickelson & Company, Katrina Binkewicz, Mary and Gary Gonyea, Judy Drake, Rick Hayes, Dondi Harner, T.G. Miller P.C. and a few other attendees. RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $2,006,500 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED WATER DISTRICT Supervisor Kathy Miller stated this will increase the water pressure which is really needed. Counsel Guy Krogh stated they won’t issue anymore permits because the water pressure is so low. RESOLUTION 15-89 At a regular meeting of the Town Board of the Town of Lansing, Tompkins County, New York, duly held at the Town Hall located at 29 Auburn Road, Lansing, New York 14882 on August 5, 2015 at 6:00 p.m. PRESENT: Robert Cree Doug Dake Ruth Hopkins Edward LaVigne Kathy Miller ABSENT: None The following resolution was offered by Supervisor Kathy Miller, who moved its adoption, seconded by Councilperson Robert Cree, to-wit: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ISSUANCE OF UP TO $2,006,500 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED WATER DISTRICT WHEREAS, by Resolution 14-39, dated January 15, 2015 in accordance with Section 202-b of the Town Law, the Town Board of the Town of Lansing, Tompkins County, New York (the “Town”) determined it to be in the public interest to undertake certain improvements to the Town’s Consolidated Water District, at an estimated maximum cost of $2,006,500, such capital improvements consisting of the creation of a new pump station near the existing Village Circle Tank and the construction of a transmission main 2 extension to a new Bone Plain Road Water Tank, including the construction and installation of (i) 8,300’ of 12” pipe, with valves and hydrants, running to Bone Plain Road; (ii) 1,440’ of 12” main for a low pressure transmission main to allow switching over the existing parallel 10” distribution main to the new higher pressure zone; (iii) 620’ of 12” main to connect, mains on Village Circle North and Springbrook Circle; (iv) the acquisition of 1.5 acres of land along the south side of Bone Plain Road, just past the Town Line, being part of Town of Dryden TPN 30.-1-1-12; and (v) the installation of temporary systems, mains, lines, and pneumatic pumps and storage to keep the Consolidated Water District functional during construction (collectively, the “Project”); and WHEREAS, by actions previously taken by the Town Board, including without limitation, Resolution 14-18, dated January 15, 2014, the Town Board determined that (i) the actions and improvements within the Project constitutes a “Type I” action pursuant to the provisions of the New York State Environmental Quality Review Act and the regulations promulgated thereunder (6 NYCRR Part 617.5(c)) (collectively, “SEQRA”), (ii) the Town Board declared itself lead agency for purposes of conducting a coordinated review of the Project for purposes of SEQRA, and (iii) the Project will not result in any significant adverse environmental impacts, and directed that a “Negative Declaration” under SEQRA be prepared to such effect; and WHEREAS, the Town Board 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 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 up to $2,006,500 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 the Project, as hereinabove described. SECTION 2. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $2,006,500, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of the $2,006,500 in serial bonds of the Town authorized to be issued pursuant to Section 1 of this resolution, or bond anticipation notes issued in anticipation thereof, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. SECTION 3. It is hereby determined that the period of probable usefulness for the aforementioned specific object or purpose is forty (40) years, pursuant to subdivision 1. of paragraph a. of Section 11.00 of the Law. SECTION 4. The final maturity of the bonds herein authorized to be issued pursuant to Section 1 of this resolution shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued. 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 this resolution. The Town shall rei mburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this resolution. This resolution shall constitute a declaration of “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. SECTION 6. 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 3 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 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said obligations and of Section 21.00, Section 50.00, Section 54.90, Sections 56.00 through 60.00 and Sections 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 terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the determination of whether to issue bonds having substantially level or declining debt service and all matters relating 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 “Supervisor”). Further, in connection with bonds and bond anticipation notes issued under the authority of Section 1 hereof, the power to contract with and issue bonds and bond anticipation notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Law and to approve the terms, form and content of such bonds and bond anticipation notes, consistent with the provisions of the Law, is hereby delegated to the Supervisor. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for the object or purpose 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 this Town Board, then the power of the Town Board to determine the “weighted average 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 Supervisor, as the chi ef fiscal officer of the Town. SECTION 8. The 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 object or purpose 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 9. The Supervisor of the Town 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 anticipating thereof, if applicable, as “qualified tax-exempt obligations” in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 10. The Supervisor is further authorized to enter into continuing disclosure undertakings 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 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements and instruments, or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of this Town Board. SECTION 12. 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: 4 (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. SECTION 13. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published in full, together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official newspaper(s) of the Town for such purpose. The following vote was taken and recorded in the public or open session of said meeting: AYES: Robert Cree NAYS: None Doug Dake Ruth Hopkins Edward LaVigne Kathy Miller Dated: August 5, 2015 RESOLUTION AUTHORIZING THE ISSUANCE OF A $352,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE, NUMBER 02-15 RESOLUTION 15-90 RESOLUTION AUTHORIZING THE ISSUANCE OF A $352,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE, NUMBER 02-15 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring, constructing, and equipping the improvements to be included in the Warren Road Sewer District 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 said district extension, related site work, legal, engineering, administration, environmental and other preliminary costs and other costs incidental to the financing thereof (all herein, the “Project”), all of which Project expenses were authorized by a Final Order forming the District and funded by a Bond Resolution dated January 27, 2010, and which obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note 03-10 (in the amount of $1,700,000.00), which Bond Anticipation Note (“BAN”) was renewed by Bond Anticipation Renewal Note (“BARN”) 02-11 ($1,700,000.00), which was again renewed by BARN 02-12 ($668,199.23), which was again renewed by BARN 02-13 ($374,081.23), which was again renewed by BARN 02-14 ($364,081.23) and which BARN 02-14 is hereby being renewed; and 5 WHEREAS, BARN 02-14 is approaching its maturity date and such financing must be renewed or the debt thereof paid, and WHEREAS, in compliance with the Local Finance Law, the Town Board has decided to partially pay-down the debt pursuant to Local Finance Law § 23.00 and issue a BARN for the balance thereof; and WHEREAS, the Town has contacted several lending institutions to find the lowest rates, and has determined that the Chemung Canal Trust Company has the best rates and terms for the proposed Bond Anticipation Renewal Note 02-14, to be issued in the amount of $352,081.23, for one year at a 1.75% interest rate (non-callable), and maturing upon August 6, 2016; and WHEREAS, this action is classified as a Type II Action under SEQRA, and as such, no environmental review is necessary or required; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, and in compliance with Local Finance Law § 38.10, and other requirements of law, the Town Board of the Town of Lansing has hereby approved such BARN 02-2015 and therefore, be it Resolved as follows: Section 1. The Bond Anticipation Renewal Note (“BARN”) hereby authorized is for the payment of indebtedness relating to the purchase and acquisition of goods and services to construct the Project. Section 2. The BARN hereby authorized was authorized pursuant to a Bond Resolution dated January 27, 2010 (the “Bond Resolution”), which Bond Resolution was duly issued under and in accord with the requirements of the Local Finance Law, with such Project being subject to permissive referendum as required by law. Section 3. It is hereby determined that the cost of indebtedness relating to the Project and the objects and purposes of this Resolution is $364,081.23 in principal due upon BARN 02-14, plus interest thereupon in the estimated amount of $4,733.06, and said amounts are hereby appropriated and the plan for the financing thereof shall consist of the issuance of up to $352,081.23 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, together with the payment from appropriated funds of principal due in the amount of $12,000.00, plus the interest due. Section 4. The Town of Lansing hereby authorizes the expenditure of up to $368,814.29 for the payment of the obligations relating to the Project, which amount shall be paid by the issuance of BARN 02-15 and the payment of 16,733.06 in principal and estimated interest, as aforesaid. Section 5. No other Bond Anticipation Notes (“BAN”) or BARNs are issued or outstanding for the payment of the indebtedness relating to the Project (except BARN 02- 14, which is hereby being paid in full as authorized by this Resolution). Section 6. The BARN authorized by this Resolution is a renewal of BARN 02 -14, issued August 8, 2014. Section 7. The BARN authorized by this Resolution shall be dated August 7, 2015, and shall mature and be and become due and payable upon August 6, 2016. Section 8. The BARN hereby authorized is for an assessable improvement of or within the Town, namely, the Town of Lansing Warren Road Sewer District Extension. Section 9. 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 § 165.10 of the Local Finance Law for the purposes described in this Resolution. The Town shall reimburse such expenditures with the proceeds of the Bond Anticipation Renewal Note authorized by this Resolution. This Resolution shall constitute a declaration of official intent as required by United States Treasury Regulation § 1.150-2. Other than as specified in this Resolution, no 6 money is, or is reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New York, is hereby irrevocably pledged to the payment of the principal of and interest on said Bonds and the Bond Anticipation Renewal Note hereby authorized 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 due and payable in such year. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing in the manner provided by law for general taxation thereupon. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied, or the Town shall take such other action as is permitted or required by law to assure the timely payment of such obligations. Section 11. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of Bond Anticipation Notes and renewals thereof (in anticipation of the issuance and sale of the serial bonds) is hereby delegated to the Town Supervisor, as 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 and the Bond Resolution aforesaid. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 5, 2015. RESOLUTION ISSUING LOT LINE ADJUSTMENT AND SUBDIVISION APPROVAL FOR VCVS PDA PER PRIOR APPROVALS AND LOCAL LAW #1 OF 2013, AND AUTHORIZING SEALING OF SUCH PLAT OR MAP PER SUCH LOCAL LAW AND THE TOWN’S LAND USE ORDINANCE Supervisor Kathy Miller stated that there is a map showing the phases that goes with this resolution. Counsel Guy Krogh stated this is exactly what was approved by the Planning Board and is finalizing the map. 7 RESOLUTION 15-91 RESOLUTION ISSUING LOT LINE ADJUSTMENT AND SUBDIVISION APPROVAL FOR VCVS PDA PER PRIOR APPROVALS AND LOCAL LAW #1 OF 2013, AND AUTHORIZING SEALING OF SUCH PLAT OR MAP PER SUCH LOCAL LAW AND THE TOWN’S LAND USE ORDINANCE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Village Circle-Village Solars (“VCVS”) Planned Development Area (“PDA”) previously went through extensive Planning Board and Town Board review, including its development and phasing plans, plats, final development plans, and an extensive SEQRA Type I review; and WHEREAS, a SEQRA negative declaration was issued for the project on August 15, 2012 (Resolution #12-150), a local law to codify the terms and conditions of the PDA was developed and a negative declaration thereupon was issued upon April 17, 2013 (Resolution #13-76), such local law was duly adopted as Local Law #1 of 2013 upon April 17, 2013 (Resolution #13-78), and a final approval of VCVS and the PDA, including the final development plan thereof, upon said April 17, 2013 (Resolution #13- 77), and such resolutions specifically reviewed the prior negative declaration(s) under SEQRA and determined that the passage of time did not require any supplemental review as the changes in the project were minor; and WHEREAS, the VCVS PDA had always envisioned, from first application to the final development plan, that the PDA would eventually re-draw its lot lines from the existing tax map lots to 4 lots corresponding to the proposed project phasing and mapping as had been submitted and reviewed, including to help ensure available financing for each phase as developed; and WHEREAS, Local Law #1 of 2013, at §§ 3(A)(14) and 3(a)(23) specifically referenced and approved this future lot line and subdivision within the PDA: “14. The March 20, 2013, updated PDA project proposals outline the proposed phasing of the project. The development of the Initial Allowed Build-Out Limit are hereby authorized and allowed, subject to all approvals, permitting, and stormwater requirements, each where applicable or as required. However, any development beyond the Initial Allowed Build-Out Limit is and remains subject to the water and sewer requirements set forth above;… “23. The Developer may subdivide the parcel into separate tax parcels to assist in the delineation of project phasing, tax management issues, and financing for project development. In each such case, suitable cross-easements shall be provided for access and common use of project facilities and such proposed subdivision and line locations 8 shall be subject to review and approval by the Town Board. Once approved by the Town Board, the Town Code Enforcement may seal such map for filing with or delivery to the County Clerk or Assessor’s Office”; and WHEREAS, the Developer has submitted a formal map of the Final Development Plan phasing lot lines per the above-referenced § 3(A)(23) of such local law and the plan has been reviewed by the Town Planner, Engineer, Code Office, and others, and all conditions required for approval of such phasing plat map have been deemed addressed or met such that an approval may issue; and WHEREAS, an environmental review was already conducted upon this proposal and project, and as the existing approvals and negative declarations already considered any potential adverse environmental effects of this approval, and as the passage of time and lack of changes in the proposal and final development plan do not create any risk of new environmental impacts not previously considered, the Town Board has determined that no supplemental environmental review is required; and WHEREAS, upon a review and in consideration of the phased subdivision mapping submitted in furtherance of the existing approved PDA plan and approval, and in accord with the Town’s Land Use Ordinance and Local Law #1 of 2013, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed phasing and subdivision plat or map as submitted to this meeting be and hereby is approved, and the Town’s Code Enforcement Officer be and hereby is authorized to seal and certify such proposed subdivision and lot line maps for filing with or delivery to the County Clerk and County Assessor’s Office for approval and filing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 5, 2015. RESOLUTION CLASSIFYING ACTION, IDENTIFYING INVOLVED AND INTERESTED AGENCIES, AND AUTHORIZING ISSUANCE OF LEAD AGENCY NOTICE OF INTENT FOR PROPOSED TOWN OF LANSING AGRICULTURE AND FARMLAND PROTECTION PLAN Supervisor Kathy Miller confirmed that there is still another Public Hearing on this, scheduled for September 16, 2015. RESOLUTION 15-92 RESOLUTION CLASSIFYING ACTION, IDENTIFYING INVOLVED AND INTERESTED AGENCIES, AND AUTHORIZING ISSUANCE OF LEAD AGENCY NOTICE OF INTENT FOR PROPOSED TOWN OF LANSING AGRICULTURE AND FARMLAND PROTECTION PLAN The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing is considering adoption of a Agriculture and Farmland Protection Plan (the “Ag. Plan”), and the same is an action to which the State Environmental Quality Review Act (“SEQRA”) applies, and the Town Board, as the approving agency, must conduct a SEQRA review for this action, and now, upon due deliberation upon the foregoing, now therefore be it RESOLVED AND DETERMINED, that this action is classified as a Type I Action pursuant to SEQRA, and in furtherance thereof: 9 i. The Town Board of the Town of Lansing proposes to be the Lead Agency for coordinated environmental review, subject to consent or any requests regarding such coordinated review by any Involved or Interested Agency, as applicable. ii. The Involved Agencies are: the Town of Lansing Planning Board; The Town of Lansing Zoning Board of Appeals; the Village of Lansing; the Town of Groton; the Town of Ulysses, the Town of Locke; the Town of Genoa; the Town of Dryden; the County of Tompkins; the County of Cayuga; the NYS Regional Director of Parks in the Finger Lakes Region; NYSDEC; NYS Office of Parks, Recreation and Historic Preservation; the NYS Department of Agriculture; the Tompkins County Planning Department; the Clerk of the Tompkins County Legislature. iii. The Interested Agencies are determined to be: the U.S. Army Corps of Engineers; the Cayuga Lake Watershed Intermunicipal Organization; the Tompkins County Highway Division; NYSDOT; and it is further RESOLVED, that the Town Clerk issue a Notice of Intent to each and all of the Involved Agencies and Interested Agencies, including therewith a copy of the proposed Ag. Plan and the FEAF Part 1 and its supporting EAF Maps. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 5, 2015. DRAFT 2014 YEAR END INDEPENDENT AUDIT REPORT – PATRICK JORDAN, CPA CIASHCI-DIETERSHAGEN-LITTLE-MICKELSON & CO. Mr. Jordan stated that, per Note 1, the Town decided to base the financial statements following the New York State Comptroller provisions. He also stated that this was started in 2013 and is normal practice. Mr. Jordan explained that to do a full GASB audit is more money. Counsel Guy Krogh stated that there is a pretty high limit of federal funding before a full GASB audit is necessary. Councilperson Ruth Hopkins asked for an explanation of why the Fund Balances were listed under the Highway. Mr. Jordan explained that this is a special revenue fund listed in the audit, not a general fund. Mr. Jordan also stated that there are no constraints on this money and it is unassigned. Councilperson Ruth Hopkins stated that per the Reserves Book, which was provided by the Comptroller, highways are an asset and they are not listed as an asset. Mr. Jordan explained that the fixed assets are listed, but not the highways. He also stated that the highways could be added in, but that is more work. Councilperson Edward LaVigne asked if the highways would be depreciated and Mr. Jordan confirmed they would along with culverts. Mr. Jordan stated that depreciation is not reported to the state. Mr. Jordan explained that the assets are based on cost basis. He also stated the trending is toward market value, less depreciation. The Town Board thanked Mr. Jordan for his work on the audit. RESOLUTION ACCEPTING THE DRAFT 2014 YEAR END INDEPENDENT OUTSIDE FINANCIAL REPORT AND AUDIT OF TOWN OPERATIONS, PROCEDURES, FUNDS, CASH HANDLING PROCEDURES AND ACCOUNTS RESOLUTION 15-93 10 RESOLUTION ACCEPTING THE DRAFT 2014 YEAR END INDEPENDENT OUTSIDE FINANCIAL REPORT AND AUDIT OF TOWN OPERATIONS, PROCEDURES, FUNDS, CASH HANDLING PROCEDURES AND ACCOUNTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has received and reviewed the Draft 2014 Year End Independent Outside Audit of Town functions, cash management policies, accounts and protocols, including additional agreed upon procedures for each department of the Town that has any cash handling or management functions; and WHEREAS, Patrick Jordan, CPA, of the firm of Ciaschi-Dietershagen –Little-Mickelson & company, reviewed the financial report and audit with the Town Board at a public Town Board meeting upon August 5, 2015, and said Patrick Jordan reviewed the Executive Summary and the official comments, reports and findings, made general observations and comments regarding the audit, and answered questions from the Town Board; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that such Draft 2014 Year End Independent Outside Audit Report be and hereby is approved, and the auditors are requested to provide a final audit report at their earliest convenience. SEQRA: Type II Action. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 5, 2015. RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD TO LRS COMPANIES LLC FOR THE CWD BONE PLAIN WATER TANK AND SYSTEM IMPROVEMENT PROJECT RESOLUTION 15-94 RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD TO LRS COMPANIES LLC FOR THE CWD BONE PLAIN WATER TANK AND SYSTEM IMPROVEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, after the adoption and order making Public interest Determination for the CWD Bone Plane Road Water Tank and Consolidated Water District Improvement Project, the Town Board duly caused specifications for phase 2 general construction to be drawn and released for public bidding; and WHEREAS, the bid specifications for Town of Lansing Consolidated Water District Bone Plain Tank Pressure Zone Phase 2 Improvements (the “Project”) were duly advertised and the bid opening was publicly and duly conducted, and thereafter the Town Board caused the bids to be examined for compliance with specifications; and WHEREAS, as a result of such examinations and meeting, and upon input from the Town Engineer, the lowest bidder’s bid price and proposal were in compliance with bid requirements and such bidder is not listed upon any State Debarment List, such that the Town Board desires to now award such bid; and 11 WHEREAS, after a review of the foregoing, and upon due deliberation and consideration thereof, and in compliance with the specifications and the requirements for bidding upon public improvement projects, including but not limited to, General Municipal law §§ 101 and 103, the Town Board of the Town of Lansing has hereby RESOLVED, that the Project bid be and hereby is awarded to LRS Companies LLC, of 24 Ross Road, Lansing, NY 14882, pursuant and subject to the project specifications, in the amount of $1,221,647.00 (plus or minus any change orders or adjustments allowed or permitted by law or in or by such specifications, including but not limited to, any change orders hereafter submitted and agreed upon), and Alternative #1 be and hereby is rejected as a part of such accepted bid; and it is further RESOLVED, that the Town Engineer be and hereby is authorized to issue a Notice of Award, which shall constitute acceptance of the bid by the Town and the CWD upon the proper execution and timely delivery of the applicable contract documents; and it is further RESOLVED, that the Town Supervisor or Deputy Supervisor be and each is hereby severally authorized to cause the drafting of and to so execute a contract with said LRS Companies LLC, by, for, on behalf of, and in the name of the Town of Lansing, and each be and is hereby further authorized to make, negotiate, and execute such further or other documents and agreements as are or may be necessary or convenient to cause such contract or bid award to be fully authorized and construction to be completed in as timely a fashion as practicable, including but not limited to, any future contract modifications or change orders as allowed by law or by such project specifications or contract. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 5, 2015. ADJOURN MEETING TO WORK SESSION MEETNG Meeting Adjourned at the Call of Councilperson Doug Dake at 6:17 p.m. to enter the Work Session. WORK SESSION MEETING Topics of Discussion: 1. Emergency Preparedness Committee- Report by Councilperson Doug Dake a. Consider appointment of emergency liaison b. Contact Country Acres to see about assisting with pets 2. Update Highway Specs at Town of Lansing Highway – Report by Dondi Harner, T.G. Miller P.C. and Charlie (Cricket) Purcell, Deputy Highway Superintendent a. Request increase for developers – sizing of culverts, ditches, roads b. Looked at Village of Lansing, NYS and Tompkins County c. The Town Board will need to approve the updated specs for Town Highways. An effective date, for the new updated specs, will need to be set. 3. Storm Water Updates – Report by Dondi Harner, T.G. Miller P.C. a. Autumn Ridge Update i. The work is close to completion. Continue to look at overflow to avoid flooding. ii. Re-work roadside ditch 12 b. Waterwagon Road Update i. Identified options for helping to mitigate the problem ii. Preliminary watershed mapping is done Supervisor Kathy Miller moved to take a 10 minute break. MEETING RECONVENED The meeting reconvened at 7:37 p.m. with all Town Board members present. MOTION TO ENTER EXECUTIVE SESSION Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS A POTENTIAL LITIGATION AT 7:37 PM. Councilperson Ruth Hopkins seconded the motion. All in Favor - 5 Opposed – 0 MOTION TO EXIT EXECUTIVE SESSION Supervisor Kathy Miller moved to EXIT EXECUTIVE SESSION AT 8:07 PM. Councilperson Ruth Hopkins seconded the motion. All in Favor - 5 Opposed – 0 WORK SESSION MEETING RECONVENED The meeting reconvened at 8:08 p.m. with all Town Board members present. Topics of Discussion: 1. Town Board Budget Meeting Dates a. August 12, 2015 at 6:00 pm at Parks and Recreation Office b. August 17, 2015 at 6:00 pm at Board Room 2. Town Board Budget Meeting Dates - with Departments a. August 24, 2015 and August 26, 2015 at 6:00 pm at Parks and Recreation Office b. August 31, 2015 and September 2, 2015 at 6:00 pm at Board Room ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:20 p.m. Notes taken by Deputy Supervisor Sharon Bowman and Deputy Town Clerk Debbie Munson. Minutes executed by the Deputy Town Clerk. Respectfully submitted, Debbie Munson Deputy Lansing Town Clerk