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HomeMy WebLinkAbout2015-08-19 August 19, 2015 1 REGULAR TOWN BOARD MEETING August 19, 2015 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:01 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 Crandall, 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, Connie Wilcox, Chris Williams, Ted Laux, John O’Neill, Village of Lansing, Emily Franco, Mike Sigler, Tompkins County Legislature and one other attendee. LOAP REPORT – CONNIE WILCOX Connie Wilcox, liaison to LOAP reported that Barbara Bills no longer wishes to dispatch the LOAP van effective October 27, 2015. With Barbara and her husband leaving, representing two of the four drivers, the volunteer drivers would be down to two. Connie reported that while doing some research she discovered the van was started by the Lansing Methodist Church. She provided a report to the Town Board members with the use history and maintenance of the van used at Woodsedge. Connie stated that she will do more research along with contacting Gadabout and report back at the September 16th Regular Town Board meeting. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER County Update for 8/19/2015 Mike Sigler, County Legislator Hello and thanks again for having me. In County news: Travis Hyde Group was picked as preferred developer of the county’s Old Library site. Travis Hyde proposes 60 senior-focused market-rate rental apartments, with professional office space and space for the senior services organization Lifelong. In the end the vote was 8 to 5 so there was a good deal of support for the plan. The Legislature’s action notes that the designation of a preferred developer is the first step in a review process that will include completion of a coordinated State Environmental Quality (SEQR) Review with the City of Ithaca before any decision to sell the property is made, and directs staff to meet with the preferred developer to establish a project that can move forward through the approval processes including any needed landmark preservation approvals, the coordinated SEQR review, and consideration of a sales and development agreement by the Legislature. The Legislature unanimously, with Legislator Carol Chock abstaining, accepted and approved a Memorandum of Understanding with the City of Ithaca and Cornell University for continued administration of the Community Housing Development Fund (formerly known as the Tompkins County Housing Fund) for another six years. Last October, the Legislature authorized funding over the next six years (allocated from funds originally received from the U.S. Department of Housing and Urban Development, not local tax dollars), contingent upon renewed financial commitments from the City and Cornell, and approval of the MOU. August 19, 2015 2 The administration agreement continues through 2021 the successful joint initiative to assist in the development of local housing units that will remain affordable for low to moderate income households, established in 2009. Over the next six years the County has committed a total of $600,000 towards the program, Cornell a total of $1.2 million, and the City an initial $100,000 for the first year with work underway to provide an additional $500,000. Some upgrades are coming to the Ithaca Tompkins Regional Airport $3.6 million from the FAA will help finance the Runway 14-32 Rehabilitation Project, and a more than $800,000 FAA grant to finance an aircraft rescue fire fighting vehicle, protective gear, and fire equipment. At last night’s meeting, the Legislature ratified a new, three-year collective bargaining agreement between Tompkins County and its White Collar Unit (Civil Service Employees Association, Civil Service Employees Association, Local (855), the County’s largest employees union. The agreement, which covers the years 2015 through 2017, provides wage increases of 2.25% for each of the three years, with provisions retroactive to January 1 of this year for those on the payroll as of the date of the ratification agreement. The new contract succeeds the prior bargaining agreement with the White Collar Unit, which expired as of the end of 2014. Among contract provisions are a $50 per year increase in annual Longevity pay for employees with ten or more years of service and adjustments in the formula for the employee “VEBA” health reimbursement account for new employees hired after the ratification date. New employees hired after the ratification date also will enroll in the “90 Platinum Plan” provided through the Greater Tompkins County Municipal Health Insurance Consortium. By legislative policy, provisions of the White Collar Unit agreement also apply to the County’s Confidential employees. Thanks again to Marcia Lynch. Much of my report comes from her write ups of the Legislature meetings. LANSING COMMUNITY LIBRARY REPORT – EMILY FRANCO Town Board Updates from Lansing Community Library August 19, 2015 1. The LCL Family Summer Reading Program was a huge success. Over 200 people came through our end-of-summer reading open house. Over 160 Kids ages 6-12, 95 kids 5 and under, and 93 Adults and teens participate in Summer Reading, our highest number to date. 2. The Come and GO Lego program, held every Saturday, will continue through the fall. The program gained many followers over the summer and their work is displayed over the juvenile collection shelves ion the library’s main room. 3. Inspired by our Summer Reading Program theme, Every Hero Has a Story, the Lansing Community Library would like to publish a book of short stories about our own local heroes. Do you know a Lansing hero, past or present? We want to hear their stories and compile them in a published book. Please send your stories to LansingHeroes@gmail.com throughout the summer. Include pictures, too, if you can! We welcome contributions from any community members, but stories should be sincere, thoughtful and approximately 1 to 3 pages. (We will be seeking out permission from all living heroes featured in the submissions before publishing their stories, therefore any contact information you can provide us would be greatly appreciated.) The deadline for submissions will be August 31, 2015. Think outside the box and remember that heroes are all around us. 4. Through August, the LCL artist display is photography by Joyce Frank. 5. The library will be closed Monday, September 7, 2015 in observance of Labor Day. 6. Upcoming programs include: August 19, 2015 3  September 19th, 2015, 11:00 AM: Book making for pre-school and early grade school children by local children’s author, David Kirk.  October 18 2015, Time TBD: Tompkins County through Fiction and Memoirs: A Sunday tea and a book reading by Rebecca Barry and Nina Miller. PARKS AND RECREATION REPORT – STEVE COLT Parks & Recreation Department 8/19/15 Town Board Meeting RECREATION  Summer programs are ending and the fall programs are taking registrations. Flag Football and Youth Soccer will start in early September and YFL Small Fry started this Monday 8/17.  The new Robotics Camp has been completed and was a big success. It was also covered by media and plans are already being discussed for next summer.  Soccer Camp was great this year with good weather for the camp participants. We were fortunate with that as there were 200 players!  Our Small Fry numbers were very low up until about a week before the practices started. Our JR and SR teams both have rosters of at least 20 players now. The season starts on September 13th and ends on October 24th. As a reminder, this YFL league is a “Heads Up” tackling league for safety.  One of our last Recreation camps is “Summers Last Hurrah”. This camp takes place in Myers Park starting next week and is sold out and a great camp to end the summer season. PARKS  The concerts are almost completed for the season. We hope to get tomorrow’s show in with a shaky weather forecast. Next Thursday will be the final show that is a make-up from week 1 with Iron Horse. Concert attendance has been huge!!!  The swim area at Myers Park will close this weekend for the season. Currently with the very hot weather, sunny days, the algae is getting out of control. We have been asked why we can’t control this or do something about it……..  The park was extremely busy again this summer. We definitely have outgrown our footprint. We absolutely have parking issues, and especially in the boat marina area. We run out of room almost every weekend for boat trailers and vehicles….  The public space recycling initiative that I reported on about a year ago should be ready for installation by August 27th. Again, this will be positioned in the corner of the Town Hall parking lot near the end of the batting cage.  The Lansing Lion’s Club is in the process of planning the construction of a small pavilion in Ludlowville Park. PLANNING CONSULTANT REPORT – MICHAEL LONG August 19, 2015 4 PLANNING BOARD PROJECT UPDATE: AUGUST 10, 2015 MEETING  Cayuga Farms (102 dwelling Unit - Site Plan Approval) – o Requested DEC review of package system – follow up approvals needed. o Public Hearing – January 12, Meeting held open for additional comments. o Meeting (3/5/15) with DEC Cortland (Dave H. Guy, Mike, Kathy M) o Letter issued to Tim Buhl –revisions needed site plan, Orenco system…etc. o Orenco mtg. held April 23 to review system concepts, overview, etc... o Tim Buhl -updated site plan submitted 5/6/2015 – sent electronically PB o TG Miller reviewing SWPPP with changes o NYS DEC Letter from Fred Gillette - received 5/11/2015 for “Innovative Systems Design Standards” process to apply o Requested DEC to review proposed ORENCO system and site plan. Revised plan shows 80 foot and 85 foot setbacks. o ORENCO system needs an additional module to treat “phosphorus” and it is an intermittent stream. NYS DEC- Water Division is also reviewing the setback requirements. o SEQR Negative Declaration July 13, 2015– DEC permit approval in process. o Site Plan “conditional approved” – July 13, 2015  Novalane – Jack Young o Preliminary Plat subdivision plan with turn around extension of Smugglers Path. o SEQR – classified as an “Unlisted Action” and will have resolutions available. o Public Hearing opened Feb 9th for the “Flag Lots” – still open. o Storm Water Plan SWPPP reviewed by TG Miller, revisions currently underway o Site meeting to walk future Smugglers Path road extension – 5/7/2015 – o Preliminary and Final Plat approvals. TBD  West view Partners, Boris Simkin – Major Subdivision – 4 Lots. o Designated a Major subdivision (4 lots and ROW issues) – phase plan completed by T.G. Miller with ROW access and future roads included (drawing dated 12/15/2015). o Revised Subdivision Plan - submitted to TG Miller Storm Water Plan for 4 lots. o Revised 239 Review from County – response 50 foot buffer 3/30/2015 o SWPPP plan reviewed by TG Miller, recommended changes, Meeting held on 4/8/2015 – still waiting on revisions. o Public Hearing date – TBD after storm water plan revisions…  Whispering Pines VI – Subdivision 28 lots - Richard Thaler o Revised Plans being developed by engineer. (submitted 3/26/2015) o 239 Review from Tomkins County – letter dated 4/24/2015 with 100 foot setback from stream bank. o Storm Water Review – T.G. Miller currently underway – Lot #7 ok with drainage easement. Balance of site still being reviewed. o Water District Extension –Town Board Public Hearing held 4/15/2015 with Town Board Approval completed. o Lot #7 – Treat as VI - #1A – Flag Lot public hearing 5/11/2015 and requesting Final Plat / SEQR approval and site plan approval 5/11/2015 meeting. August 19, 2015 5 o Public Hearing – Completed May 11, 2015 – SEQR and Preliminary Plat Subdivision approved. o SEQR / Preliminary Platt / Final Platt  Forest Circle Drive – Major subdivision of 17 lots. o Tompkins Co. 239 review has been completed. o Storm water plan revisions requested T.G. Miller. o Will require a variance as 1 lot is less than 150 foot of road frontage. o Revisions are being made to the application materials. o Required Public Hearing – establish date….  Grantchester Soccer Field (Jack Young) amendment to Special Use Permit- o Planning Board reviewed on June 22, 2015 and recommendation to Town Board o Town Board established a “Public Hearing” on July 1, 2015 for the July 15, 2015 meeting. o Town Board renewed the Special Use Permit July 15, 2015 and removed the “age limitation” as requested by the applicant.  Ag Plan – Follow up meeting – finalize report meeting June 1, 2015 o Joint Planning Board and Town Board meeting held– June 22, 2015 o Town Board Public Hearing Meeting – July 15, 2015 o Town Board establishes 2nd Public Hearing for Sept. 16, 2015  Global Phoenix Computers / KAIDA Computers (IDA / Costich Engineers– tie into existing sewer system and 151 additional car parking lot – o 239 review requested 6/4/2015 o IDA meeting July 8, 2015 about project application / possible parcel merger. o SWPPP review comments received Aug 6, 2015 and forwarded to engineer. o Site Plan Tentative Aug 24th meeting.  Eisenhut Subdivision / (Sciarabba) Flag Lot - Minor subdivision (2 parcels). o Sketch Plan review (Aug 10, 2015). o ZBA variance for length of driveway over 500 feet (easement shared drive) o Public Hearing required – tentative Sept 14th meeting.  Conway Subdivision ( Lansing Station) Flag Lot – Minor subdivision (2 parcels) o Sketch Plan Review (Aug 10, 2015). o ZBA variance required for parcel width (less than 75 foot min). o Public Hearing required – tentative Sept. 14th meeting  Mirabito LP Gas fueling station – Preliminary site plan for Town Barn Road parcel o Meeting with developer, site plan being developed.  Comprehensive Plan – Wed. Sept. 9, 2015 at 7:00 PM (NO AUGUST MEETING) PRIVILEGE OF THE FLOOR A resident commended the Town Board for not getting involved with other town’s business. They noted that the Caroline Town Board voted unanimously in support of closing AES power plant. RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #7 OF 2015 UPDATING AND REPLACING THE EXISTING CELL TOWER ORDINANCE WITH A COMMUNICATIONS TOWER LOCAL LAW RESOLUTION 15-95 August 19, 2015 6 RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #7 OF 2015, UPDATING AND REPLACING THE EXISTING CELL TOWER ORDINANCE WITH A COMMUNICATIONS TOWER LOCAL LAW The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has long recognized a need to update its cellular tower ordinance given substantial changes in FCC regulations concerning the scope of authority to review, and process and procedures governing the review of, communications facilities and towers, including antennae, tower siting, and related issues; and WHEREAS, for almost a year the Town has reviewed and developed and updated and modernized local law designed to comply with known changes in law and regulations; and WHEREAS, as this is not a reordering of any regulations but merely an update to an already existing regulatory scheme, this action is classified as an Unlisted Action under SEQRA such that a SEQF and an environmental review are required; and WHEREAS, such local law proposes to update definitions, standards and procedures of review, and site planning for tower locations based upon the updates and amendments of the Telecommunications Law of 1996 (“TCA”), to establish locational prioritization reviews, to review tower height, lighting, safety, design, and colocation issues, to address site planning, NEIR, FCC permitting, and RFI requirements, to address traffic, intermunicipal, and emergency response plan issues, to address decommissioning requirements, to establish general review standards for existing and new towers, and to provide for the enforcement of such requirements, including by criminal process and fines; and WHEREAS, upon due consideration, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 21st day of October, 2015, at 6:05 pm, to consider the adoption of proposed Local Law #7 of 2015 - the Town of Lansing Communications Tower Local Law and the environmental impacts thereof and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk; and it is further RESOLVED AND DETERMINED, that this action is classified as an Unlisted Action pursuant to SEQRA, and in furtherance thereof: 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 agency. ii. The Town of Lansing is the sole Involved Agency. iii. The Interested Agencies are determined to be: 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; and the Clerk of the Tompkins County Legislature; and it is further August 19, 2015 7 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 local law and SEAF Part 1 and its supporting EAF Map; and it is further RESOLVED, that this local law and the SEQRA materials be sent to County Planning with a request for a General Municipal Law §§ 239-l and –m review. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, 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 19, 2015. RESOLUTION APPROVING AND ADOPTING PROPOSED 2015 HIGHWAY ROADWAY AND CULVERT REQUIREMENTS AND SPECIFICATIONS RESOLUTION 15-96 RESOLUTION APPROVING AND ADOPTING PROPOSED 2015 HIGHWAY ROADWAY AND CULVERT REQUIREMENTS AND SPECIFICATIONS The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town Highway Department, working with the DOT and the Town’s engineer, has been working upon updated highway specifications and culvert requirements because the existing specifications had become outdated and roadway needs have required that initial construction and materials specifications be updated to improve the structure, capacity, and life of public highways; and WHEREAS, the updated proposed specifications for roads, culverts, and related infrastructure and appurtenances were duly considered by the Town Board at its last meeting and the same have been reviewed and approved by the Highway Superintendent and Deputy Highway Superintendent; and WHEREAS, said action is a Type II SEQRA action for which no environmental review is required, and upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the updated highway roadway and culvert specifications and requirements be and hereby are adopted by the Town of Lansing and made effective September 1, 2015; and it is further RESOLVED, that all roadways for which actual related applications are currently filed and pending (such as subdivisions) shall have the option of proceeding under the prior highway requirements if expressly so approved by resolution of the Town Board or the Planning Board (a “waiver”), but such right and option shall only exist if the project and such waiver are each and both issued approvals on or before December 31, 2015, and thereafter all roadways shall comply with such updated 2015 roadway requirements. For purposes of this paragraph, a preliminary plat approval shall be a qualifying approval. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree duly seconded by Supervisor Kathy Miller, 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 August 19, 2015 8 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 19, 2015. RESOLUTION APPROVING HURD OUTSIDE USER AGREEMENT FOR CONSOLIDATED WATER DISTRICT RESOLUTION 15-97 RESOLUTION APPROVING HURD OUTSIDE USER AGREEMENT FOR CONSOLIDATED WATER DISTRICT The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Water and Sewer Advisory Board (“WSAB”), in accord with its duties and functions as assigned by the Town Board, has considered certain outside user requests for the Consolidated Water District (“CWD”), and the WSAB has issued a recommendation to approve an outside user request for the lands of Hurd (505 Ridge Road), subject to approval by Town Counsel of the final form of agreement, including that the applicant be required to support future extensions as well as pay a rate that will equalize payments to make them comparable to CWD “inside users” to cover capital costs; and WHEREAS, the Town’s CWD Local Law only allows outside users to receive water from the CWD or any of its extensions when approved by the Town Board and an adequate contract for services is executed that complies with law in several material respects; and WHEREAS, said action is a Type II SEQRA action for which no environmental review is required, and upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that an outside user agreement (the “Agreement”) for Hurd be and hereby is approved, and that permission is given to tap into CWD water mains once the Agreement is in a form approved by Town Counsel and fully executed by all parties; but subject to the continuing requirements of such Agreements that the installation be at the expense of the applicant, including any pumps, valves, and like appurtenances, and that the applicant approve any future boundary change or district extensions covering their lands, and that the applicant is responsible to obtain and pay for all easements, approvals, and permits necessary therefor and all maintenance and upkeep thereof; and it is further RESOLVED, that the Town Supervisor or Deputy Town Supervisor be and each is severally authorized to execute such Hurd Agreement by, for, on behalf of, and in the name of the Town of Lansing. 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 19, 2015. RESOLUTION APPROVING BENNETT OUTSIDE USER AGREEMENT FOR CONSOLIDATED WATER DISTRICT RESOLUTION 15-98 RESOLUTION APPROVING BENNETT OUTSIDE USER August 19, 2015 9 AGREEMENT FOR CONSOLIDATED WATER DISTRICT EXTENSION 1 The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Water and Sewer Advisory Board (“WSAB”), in accord with its duties and functions as assigned by the Town Board, has considered certain outside user requests for the Consolidated Water District and its extensions (the “CWD”), and the WSAB has issued a recommendation to approve an outside user request for the lands of Bennett (Lansing Station Road TPN 14.-1-1.1), subject to approval by Town Counsel of the final form of agreement, including that the applicant be required to support future extensions as well as pay a rate that will equalize payments to make them comparable to CWD Extension 1 “inside users” to cover capital costs; and WHEREAS, the Town’s CWD Local Law only allows outside users to receive water from the CWD or any of its extensions when approved by the Town Board and an adequate contract for services is executed that complies with law in several material respects; and WHEREAS, said action is a Type II SEQRA action for which no environmental review is required, and upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that an outside user agreement (the “Agreement”) for Bennett be and hereby is approved, and that permission is given to tap into CWD water mains once the Agreement is in a form approved by Town Counsel and fully executed by all parties; but subject to the continuing requirements of such Agreements that the installation be at the expense of the applicant, including any pumps, valves, and like appurtenances, and that the applicant approve any future boundary change or district extensions covering their lands, and that the applicant is responsible to obtain and pay for all easements, approvals, and permits necessary therefor and all maintenance and upkeep thereof; and it is further RESOLVED, that the Town Supervisor or Deputy Town Supervisor be and each is severally authorized to execute such Bennett Agreement by, for, on behalf of, and in the name of the Town of Lansing. 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 August 19, 2015. RESOLUTION AUTHORIZING AND ADOPTING POST ISSUANCE COMPLIANCE POLICIES AND PROCEDURES RELATED TO THE TOWN’S TAX-EXEMPT OBLIGATIONS Supervisor Kathy Miller noted that the resolution was prepared by Bond Counsel asking the Town to pass the resolution in order to comply. Counsel Guy Krogh stated this is in response to a new arbitrage and underwriting requirements for municipal bonds and tax exempt bonds. He noted that for municipalities it states that we pledge our full faith and credit and the necessary procedures are in place to make that pledge meaningful. RESOLUTION 15-99 The following resolution was offered by Councilperson Doug Dake, who moved its adoption, seconded by Councilperson Ruth Hopkins, to-wit: August 19, 2015 10 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING AND ADOPTING POST ISSUANCE COMPLIANCE POLICIES AND PROCEDURES RELATED TO THE TOWN’S TAX-EXEMPT OBLIGATIONS, SUCH POLICIES AND PROCEDURES INTENDED TO ENSURE THAT THE REQUIREMENTS IMPOSED UPON THE TOWN PURSUANT TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, WILL BE SATISFIED WHEREAS, the Town of Lansing, Tompkins County, New York (the “Town”) previously has issued bond and notes (the “Tax -Exempt Obligations”), the interest on which is excluded from gross income of the owners thereof pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Town intends to issue additional series of Tax -Exempt Obligations in the future; and WHEREAS, in order to ensure that the interest on Town’s Tax -Exempt Obligations will continue to be excluded from gross income of the owners thereof for purposes of federal income taxation, and that the Town complies with its tax certifications relating to the Tax-Exempt Obligations, the Town Board has determined, based on the advice of the Town’s Bond Counsel, to adopt certain written Post-Issuance Compliance Policies and Procedures in the form attached hereto as Exhibit A and made a part hereof (the “Post-Issuance Compliance Procedures”). NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lansing, Tompkins County, New York (the “Board”), as follows: Section 1. The Board hereby approves and adopts the Post-Issuance Compliance Procedures. Section 2. The Board hereby appoints the Town Supervisor of the Town to serve as the “Designated Tax Compliance Official” under the Post-Issuance Compliance Procedures and hereby authorizes and directs the Town Supervisor, acting in such capacity, to take such actions, after appropriate consultation with Bond Counsel to the Town, as the Town Supervisor deems necessary, appropriate or desirable to effect the implementation of the Post Issuance Compliance Procedures, and hereby further authorizes the Town Supervisor, as such Designated Tax Compliance Official, to delegate to such other Town officials or employees as the Town Supervisor shall determine is necessary or appropriate, the responsibility to take certain specific actions called for by the Post-Is suance Compliance Procedures. Section 3. This Resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows. Councilperson Robert Cree VOTING Aye Councilperson Doug Dake VOTING Aye Councilperson Ruth Hopkins VOTING Aye Councilperson Edward LaVigne VOTING Aye Supervisor Kathy Miller VOTING Aye The foregoing resolution was thereupon declared duly adopted on August 19, 2015. EXHIBIT A TOWN OF LANSING August 19, 2015 11 POST-ISSUANCE COMPLIANCE POLICIES AND PROCEDURES Related to Tax-Exempt Obligations Adopted: August 19, 2015 These Post-Issuance Compliance Policies and Procedures (the “Procedures”) are adopted by TOWN OF LANSING, Tompkins County (the “Town”) to ensure that interest on tax- exempt obligations of the Town (the “Bonds”) remains excludable from gross income under Section 103 of the Internal Revenue Code of 1986 (the “Code”). In order to ensure continued compliance with requirements of the Code and the applicable regulations (the “Applicable Federal Tax Law”) associated with the issuance of Bonds, the Town will consult with the Town’s bond counsel, in advance, regarding deviations from the facts and expectations set forth in the closing certifications relating to any issue of Bonds. If as a result of changes to the Applicable Federal Tax Law or the New York State Local Finance Law these Procedures are in conflict with such laws, the Town will consult with Bond Counsel regarding the proper course of action, including amending these Guidelines. I. Procedures The Town Supervisor of the Town (the “Designated Tax Compliance Official”) is the primary person to consult with the Town’s bond counsel (“Bond Counsel”), financial advisor and other advisors on a continual basis for the entire term of the Bonds. The Designated Tax Compliance Official may delegate to his or her staff or contract with independent contractors (such as an arbitrage/rebate consultant) responsibility for different aspects of post-issuance tax compliance. However, the Designated Tax Compliance Official will be ultimately responsible for implementing the procedures described herein. II. Securing Closing Documents Following each issuance of Bonds, the Designated Tax Compliance Official or his or her designee will: a. Confirm the filing of the Form 8038 or Form 8038-G (or applicable successor form) with Internal Revenue Service (“IRS”). Filing of the applicable Form 8038 is usually undertaken or overseen by Bond Counsel at or soon after the closing of a bond issue. b. Obtain and store the Transcript of Proceedings prepared by Bond Counsel (which typically includes the applicable Form 8038 and the Arbitrage and Tax Certificate containing the Town’s expectations as of the date of issuance of the bond issue). III. Recordkeeping The Designated Tax Compliance Official or his or her designee will: a. Establish a plan for keeping relevant books and records as to the investment and the expenditure of bond proceeds. b. Keep accurate records including: (i) Basic records relating to the bond transactions (including the bond resolutions, closing documents, and the Bond Counsel Opinion (see Securing Closing Documents, above); (ii) Documentation evidencing the expenditure of bond proceeds; (iii) Documentation evidencing use of bond-financed property by public and private sources (i.e., copies of leases, management contracts); (iv) Documentation evidencing all sources of payment or security for the bonds; and (v) Documentation pertaining to any investment of bond proceeds (including the purchase and sale of securities, subscriptions for United States Treasury Securities-State and Local Government Series (“SLGs”), yield calculations for each class of investments, actual August 19, 2015 12 investment income received from the investment of proceeds, guaranteed investment contracts and rebate calculations). c. Keep all records in a manner that ensures their complete access to the IRS so long as they are material. d. Keep the relevant records for each issue of bonds for as long as such issue of bonds is outstanding (including any bonds issued to refund such issue of bonds) plus three years after the final redemption date of the bonds. IV. Arbitrage Rebate and Arbitrage Yield Restriction The Designated Tax Compliance Official or his or her designee will: a. Engage the services of the Town’s financial advisor or an arbitrage/rebate consultant for assistance in compliance with arbitrage related issues. b. Consult with the Town’s bond counsel, and/or financial advisor to determine if an issue of Bonds is exempt from the rebate requirement under the exception for “small issuer” (Section 147(f)(4)(D) of the Code). c. Work with the Town’s bond counsel, financial advisor and/or arbitrage/rebate consultant to monitor compliance with “temporary period exceptions” for expenditure of bond proceeds, typically three years for new money bonds and provide for yield restriction of investments or “yield reduction payments” if exceptions are not satisfied. d. Work with the Town’s bond counsel and financial advisor to ensure investments acquired with bond proceeds are purchased at fair market value. This may include use of bidding procedures under the regulatory safe harbor (Section 1.148-5(d) of the Regulations). e. Consult with the Town’s bond counsel or arbitrage rebate consultant prior to the creation of funds which would reasonably be expected to be used to pay debt service on tax- exempt bonds to determine in advance whether such funds must be invested at a restricted yield (i.e., yield restricted). f. Consult with the Town’s bond counsel and financial advisor before engaging in post issuance credit enhancement transactions (e.g., bond insurance, letter of credit) or hedging transactions (e.g., interest rate swap, cap). g. Consult with the Town’s bond counsel, financial advisor, and/or arbitrage rebate consultant to identify situations in which compliance with applicable yield restrictions depends upon subsequent investments (e.g., purchase of 0% SLGS from U.S. Treasury) and monitor implementation. h. Work with an arbitrage rebate consultant to arrange for timely computation of rebate/yield reduction payment liability and, if an amount is payable, for timely filing of Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate (or applicable successor form), and payment of such liability. Rebate/Yield Reduction payments are ordinarily due at 5-year intervals. V. Private Use of Bond-Financed Facilities The Designated Tax Compliance Official or his or her designee will: a. Create and maintain records of which proceeds of bond issues were used to finance which facilities. These records shall incorporate the refunding or partial refunding of any bond issues. b. Record the allocation of bond proceeds to expenditures, including reimbursements. These records will be consistent with the expenditures used for arbitrage purposes. August 19, 2015 13 c. Record the allocation of bond proceeds and funds from other sources in connection with any bond funded project. Review expenditure of bond proceeds with bond counsel to ensure bond proceeds are used for qualifying costs. d. Review with bond counsel prior to the sale or lease of a bond-financed facility, or the granting of a license or management contract, or any other arrangement allowing private use of a bond financed facility, the terms of such arrangement. e. Keep records of private use, if any, of bond financed facilities to monitor the amount of private use of bond financed facilities. Private use of bond-financed facilities shall be reviewed no less frequently than once a year (in connection with the preparation of the annual financial statements). If a change in private use occurs, bond counsel will be consulted to determine if remedial action is necessary. APPROVE AUDIT RESOLUTION 15-100 Councilperson Ruth Hopkins moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 008 DATED _08/19/2015__ AUDITED VOUCHER #’s 702-889 PREPAY VOUCHER #’s 702-715 AUDITED T & A VOUCHER #’s 60 - 68 PREPAY T & A VOUCHER #’s 60 - 63 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 143,000.29 HIGHWAY FUND (DA&DB) $ 99,461.55 LANSING LIGHTING (SL1, 2 &3) $ 1,314.98 LANSING WATER DISTRICTS (SW) $ 232,295.00 TRUST & AGENCY (TA) $ 37,366.14 WARREN ROAD SEWER DISTRICTS (SS1) $ 26,484.09 CHERRY ROAD SEWER DISTRICT (SS3-) $ 9,897.42 Councilperson Robert Cree seconded the motion and it was carried by the following roll call vote: 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 19, 2015. August 19, 2015 14 BOARD MEMBER REPORTS Doug Dake Emergency Preparedness Committee Doug reported that the committee met last night with four attendees, Dan Ferguson, Bill Miller, Karen Bishop and himself. The committee has drafted an initial Emergency Plan that has been distributed to the Town Board. Doug will also provide a copy for Guy Krogh to review. He noted that they reviewed the Village of Lansing’s along with contacting Tompkins County and Lee Shurtleff. He noted that last night’s meeting was very productive. Edward LaVigne Ed noted that he had lunch with the seniors and they are doing well. Ed noted that he has had positive feedback from the library reporting at the Town Board meetings. The Autumn Ridge culvert has been put in place and he noted that the Highway Department is doing an excellent job along with “Cricket” Charlie Purcell, Deputy Highway Superintendent. Robert Cree Robert noted that the sunflower field off East Shore Drive (across from the rink) has been a hazard as people are pulling over to take pictures and leaving their car doors open. Ruth Hopkins Ruth noted that the Personnel Committee is reviewing the 700 section of the handbook. Ruth suggested to start advertising for the vacancy on the ZBA which becomes effective 12/31/2015. Kathy Miller Dan Adinolfi Kathy had a certificate of recognition to present to Dan for his leadership as Chairman on the Water and Sewer Advisory Board. The certificate will be signed by all Town Board members. Dan is moving and will not be able to continue serving on the board. Traffic Signal at the Intersection of Rte 34B and North Triphammer Road Kathy informed the Town Board that she received a copy of a letter from Diana L. Graser, P.E., Regional Traffic Engineer. The letter indicated that after the NYSDOT’s review they have determined that the installation of a three-color traffic signal would be appropriate at this intersection. After a discussion, it was the consensus of the Town Board to have Kathy contact the NYSDOT, Diana L. Graser to see why this was granted and state that they are opposed to the installation. Sharon Bowman Sharon gave an update on Sue Munson. She noted that possibly someone from the Town of Ithaca will be helping out in the office early mornings. She also noted that she is sending some work home with Sue. August 19, 2015 15 TOWN COUNSEL REPORT Guy Krogh New Dog Law Guy stated that he has the first draft of the new local law completed. He will review it with the Town Clerk and go over the fee schedule. ADJOURN MEETING Meeting adjourned at 7:25 pm by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins. All In Favor – 5 Opposed – 0 Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC