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HomeMy WebLinkAbout2004-09-09113 9 -9 -04 ® TOWN OF DRYDEN TOWN BOARD KEETING September 9, 2004 Present: Supv Steven Trumbull, Cl Stephen Stelick, Jr, Cl Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Debbie Gross, Environmental Planner Supv Trumbull opened the meeting at 7:07 p.m. and led board members and guests in the pledge of allegiance. PUBLIC HEARING TO CONSIDER AN INCREASE IN THE MAXIMUM AMOUNT TO BE EXPENDED FOR THE CONSTRUCTION OF AN ADDITION TO THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TREATMENT PLANT ' Supv Trumbull opened the public hearing at 7:08 p.m. In August the board adopted an order calling a public hearing on the increase of the maximum amount: proposed to be expended for the 2003 improvement project at the Bolton Point plant. The bids came in higher than expected and the commission recommended that the project be increased from $2,310,835 to $2,600,000 and that the amount of general obligation, joint and several serial bonds to be issued by the municipalities, be increased from $1,000,000 to $1,500,000. This would give a little bit more room for the commission in their cash on hand because of another project, the East Hill Tank and Transmission Main. The purpose of this public hearing is to increase the maximum amount proposed to be expended and to consider an amendment to the Agreement of Municipal Cooperation which will also increase the maximum amount proposed to be expended and outlines how the bonds are to be issued. Atty Perkins said the first item of business following the public hearing, if the board is in agreement, is to vote to approve the amendment to the Agreement of Municipal Cooperation which increases the project amount (this document needs to be signed by at least a majority of the board). Following that the board should consider adopting a bond resolution for the additional $500,000 (the board already approved a bond resolution for $1,000,000 a year ago). The adoption of the bond resolution is subject to a permissive referendum. Following the adoption of the bond resolution the Town Clerk will publish and post a notice of adoption and abstract of the resolution. This is not subject to SEAR because SEAR was already done for the project. Supv Trumbull asked whether the audience had any comments or questions and there were none. Cl Christofferson said there seemed to be little to be done if the cost of the project turned out to be more than anticipated. Cl Michaels said he was on the commission when the planning for the project occurred and the engineers originally came in with a cost that was Page I of 18 TB 9 -9 -04 0 quite a bit higher, and the commissioners eliminated anything that seemed excessive. He said he is convinced the project needs to be done and the commission is very budget conscious. Atty Perkins said that one change is that the shale of the debt to be paid by the water districts in the Town of Dryden has increased. The percentages are based on the amount of water used in the previous year and Dryden's numbers have increased slightly. The hearing was left open at 7:14 p.m. DRYDEN FIRE DEPARTMENT /DRYDEN AMBULANCE Ron Flynn introduced Clayton Bronson who was recently hired by Dryden Ambulance as Director of Operations. Mr Bronson has been long term part -time employee of Dryden Ambulance and has many years of volunteer and commercial service. He is a NYS certified paramedic, and is also nationally registered. R Flynn said they are grateful to have him on board. C Bronson said he is glad to be in the position. He has been serving part time for several years. They are currently adjusting the hours for the position. He has met with adiacent services and things are going well. They are in the process of replacing an ambulance (they have three vehicles and replace I every 3 years, a 9 -yeaar old vehicle being replaced.) They are anticipating upgrading their heart monitors and are comparing two different manufacturer models. They recently hired a new paramedic, Nate Wilbur, to do a 36 hr /week shift. They have lost a few paramedics in the last two months. They do have someone who would like to volunteer a few shifts a week and someone to do some per diem shifts and coverage is presently pretty good. They also have some more volunteers to drive. Cl Stelick noted that C Bronson now has a seat at the Fire Chiefs meetings and welcomed him aboard. ® Ron Flynn said there had been much discussion at the recent fire chiefs meeting about Y g the foreign fire insurance money and the way it was divided between the companies, which is supposed to be based on active membership. There is no standard between the companies in the Town for determining active members. The chiefs had discussed this and would like the money distributed according to a percentage based on their contract amounts, and they have prepared and executed a memorandum of understanding. He presented that document to the board with a cover letter and a breakdown of what had been paid in the past. Cl Stelick said he had received a copy of the opinion of the State Comptroller regarding this and in addition had a copy of the check stub from the fire tax check and they don't agree. The check stub which comes from the State of New York Insurance Department says when more than one fire department renders protection the t:wx money should be divided on a basis mutually acceptable to all companies concerned. This is different than the opinion of the State Comptroller, which said it: is to be distributed in proportion to the active membership of each company. Cl Stelick asked the fire chiefs to come up with an agreement, and said this was not a long term solution, but it is a measure that will enable payment this year. They can then work out how to determine active membership and implement that in all departments in the Town, Atty Perkins said that would be legal if the memorandum of understwiding is based on assumptions that the fiends were divided up according to the ratio of active members to total active members in the Town, and if it is based on anything else it is not legal. The board wants to be fair in its distribution of the fire insurance funds. Atty Perkins said i.f the memorandum of understanding was based on the different departments ideas of what active members were, and divided accordingly that would work, but it needs to be based on the standard set: forth in ® the statute, and advised the board they should not sign on to anything that wants to go back to something that was done improperly. After discussion with the Town Board, Atty Perkins will Page 2 of 18 T13 9 -9 -04 review the document prepared by the Chiefs and will amend it as necessary to meet statutory requirements and agreement between the departments. RESOLUTION # 133 - AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH FIRE DEPARTMENTS Cl Michaels offered the following resolution and asked for it's adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a memorandum of understanding with the Town's fire departments that, is acceptable to him and the Town Attorney and to disburse the foreign fire insurance monies according to that memorandum of understanding. 2111' Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Ron Flynn said that he has given a proposal to Cl Stelick in the Spring to place an emergency generator at: the Beam Hill Road tower site and was curious what the Town's position was. The board had thought they would put it in the 2005 budget, but R Flynn said he would like to have it in place before the winter. The tower is used by the fire departments, the Town i-iighway Department, Cornell University, Dryden School Bus Ca•age and possibly others. The proposal is not to exceed $6,500 for all the labor, materials and the generator. Atty Perkins said they would have to comply with the Town's procurement policy. Cl Christofferson expressed concern for modifying this year's budget to include it, and J Bush asked who would own the generator. Cl Michaels suggested that other users be asked to contribute toward the cost. Cl Hattery said it: seems like a critical emergency item that would be included in the budget anyway, and he would be willing to act on this at the next meeting if the Supervisor has determined a fund source. He suggested that the Supervisor send a letter in the meantime to other users of the tower. R Flynn said that when Jim Schug was Town Supervisor the town had begun putting aside funds toward the new communication system upgrade so there were funds available when the new system was finally installed. He understand that those funds have now gone toward something else, and asked that when the board is putting together the 2005 budget they set money aside for this purpose. CI Michaels said there had been surpluses in a variety of the accounts, specifically the a.ccounts.used for the fire departments, and there was a decision made a board to basically give that money to the taxpayers in terns of artificially lowering the amount collected in taxes to cover the budgets. So the money was spent from those funds, and Jim Schug's intentions as supervisor were not carried over into Mark Varvayanis' administration. He said R Flynn has a good point and this will probably happen in the future. He suggested the Town ask the Departments what they anticipate their expenses will be for this. R Flynn said for Dryden Fire Department it will probably be $80,000 to $100,000, including the pagers, radios, etc. and estimates on a town -wide basis it would be about: $250,000. Cl I•lattery said the County has gone: back and forth on this and at: one point they were going to make the upgrade of local systems part: of the overall capital project. Evidently that is not now the case. R Flynn said the County will replace what it owns, but it is unclear who will pay for the user equipment such as portable radios, mobile repeaters, etc. and he expects that it will ultimately be the responsibility of the individual departments. M Robertson said that the Page 3 of 18 TB 9 -9 04 County is investing multi - millions into this project at the behest: in large part of the emergency responders in the County, and the County has taken the lead on the project. They have received some federal funds (1.5 million) and that could probably go toward user equipment. There are a number of other proposals out for federal and state funds and some of that money is starting to come through. She said they are optimistic about getting significant funding that can go toward user equipment. The County doesn't have any control over the pagers and portable radios used by each department or the number of them, and there are many different types. The departments will decide what they need and what they can afford. The Country will continue to look for funding for user equipment. They would like an estimate from each fire company as to how many units they will need and that will assist in writing proposals. Cl Michaels asked if there was technology that would work with the current system and with the system the County is proposing. R Flynn said he was unsure. They currently use a. cross -band system that utilizes two systems. The new system will operate on a different frequency range and the old equipment will not work with it. Cl Christofferson asked that: the fire departments get some figures together for the board to use during budget considerations. M Robertson said the County has discussed financing the new equipment for the towns. Oliver Habicht said that. the Varna Department has been setting aside funds each year for this purpose. R Flynn noted they have added approximately six new members in the past two months. Supv Trumbull closed the public hearing on the SCLIWC expansion at 7:45 p.m. CORNELL COOPERATIVE EXTENSION - PURCHASE OF DEVELOPMENTAL RIGHTS is Debbie Teeter of Cooperative Extension said there had been a meeting with Supv Trumbull, Atty Perkins, Henry Slater, herself, and representatives of Tompkins County Planning and the Finger Lakes Land Trust. They discussed the matter of purchase of developmental rights on agricultural property, monitoring of the leases, etc. Since that meeting the County PEBQ Committee met to further discuss what role the County might play in the purchase of development rights. They believe the County should have some role, but are unsure what that might be. The County is willing to help with mapping and other things. Cooperative Extension is of the understanding that the Town is probably willing to be the applicant and work with the Finger Lakes Land Trust on holding and monitoring the easement. Cl Hattery said he thought the Town would hold the easements. D Teeter said that is certainly an option, and what they are looking for tonight is a commitment from the 'Town to at least apply and a resolution to that effect. Atty Perkins said it seems the preferred way of doing this was bet,% een the Town and the Finger Lakes Land 'Trust, where the Town $7,500 monitoring fee, and they basically do all the work. The "Town basically because it is a land use decision and planning and the Tow; There would be an agreement with the Land Trust: about their role in expense to the Town. some kind of partnership pays the Land Trust the would just be there a is actually the applicant. it. There would be no D Teeter said since there are presently 11. farmers in the County interested in applying this year, b of those being from the Town of Dryden. Cooperative Extension will work with the farmers to complete the applications, but the applicant must be a municipality and will essentially act as a pass - through for the money. Page 4 of 18 T13 9-9 -114 Cl Michaels asked if there was any reason the Town would not want to participate, and Cl Stelick said that there was a list of pros and cons distributed to the board and Cl Hattery noted that there would be relatively modest tax impacts, if any. D Teeter said the new applicant: would be Kermit Marquis who approached her today about being included. He has very viable farmland and she has added it to the map. Part of his land is in the Village of Freeville and part of Evan Czu-penter's farm is in the Village of Dryden. There could be an agreement between the Town and Villages about which municipality would be the applicant. There was discussion about the draft comprehensive plan showing part of the Carpenters' farm as a future high residential area. Cl I- lattery said the Town Board may ask the planning board to make some changes to t:he draft: plan because some of the farms that have been targeted for development don't make sense. There will be a meeting next week with area farmers to discuss their concerns and modification of the drift plan. Cl Hattery said active commercial farms should be protected and that the map in the draft plan should be changed with respect to the Carpenter farm. Applications are due October l and D Teeter would like a resolution from the Board tonight to be included with the application. The board can decide at later date whether it would like to partner with the Finger bakes Land Trust to monitor the easement. Cl Christofferson said that survey done when he was on the planning board indicated that people want to preserve the rural atmosphere of the community, so he is in favor of the applications. D Cross said that the Finger Lakes Land Trust is agreeable to meeting with the `i'ow-n to discuss the details of holding and monitoring the easement. Cl Michaels disclosed that lie had previously represented the Finger Lakes Land Trust in some matters, but he has not done any work for them in some time. RESOLUTION #134 - AGREE TO APPLY FOR AGRICULTURAL AND FARMLAND PROTECTION PROJECTS C1 Hattery offered the following resolution and asked for its adoption: WHEREAS, the New York State Department of Agriculture and Markets is currently accepting proposals for Agricultural and Farmland Protection Projects Involving the Purchase of Development Rights, and WHEREAS, there are six farms in the Town of Dryden interested in applying under this program, now, therefore, be it RESOLVED, that the Town of Dryden agrees to be the applicant in connection with the purchase of development. rights for any farms in the Town of Dryden willing to submit an application in this round of funding (including any with property within the Village of Dryden or Village of Freeville), with the understanding that for any farm that is selected or approved, the Town will explore the possibility of partnering with a third -party to co -hold and monitor the easement. 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv ,rrumbull Yes Cl Michaels Yes Cl Hattery Yes Page 5 of 18 TB 9 -9 -04 0 HIGHWAY DEPARTMENT J Bush distributed a copy of the Highway inventory and the proposal for new equipment, which will be discussed during the budget process. He suggested that he meet with the Highway Committee prior to budget time. COUNTY BRIEFING Martha Robertson said the Country is about to enter their budget season and the first public forum will be held Monday night at Boynton School at 7:00 p.m. The proposed budget is on the County's website. She said the Country Administrator presented a budget with a levy increase of 3%, and that would decrease the property tax rate. She said some positions have been added and some cut, and capital projects emphasized include the public, safety communications project and a significant increase in the funding for highways and bridges. She said it helped that the State budget includes a partial takeover of half of one of the County's medicaid programs this year and half next year. That amounts to $330,000, but is a fraction of the total medicaid budget which is more than $11,000,000 and the increase in mandates this year is 1.1. million dollars. She said it helped that sales tax revenues were up and that the State shifted the payment on retirement. Budget committee of the whole meetings begin on September 15 and from those will come up with an amended budget and wrill vote on the budget: some time in October. There will be at least: one budget hearing and other opportunities for public input. On Monday at 1:30 in the Old Jail Conference representatives from the Towns and County officials. Last year the Health and Human Services spec homelessness. She has compiled a report: from those Supervisor, with summaries for the Board members. and homelessness is on the rise. Room there will be a. meeting of -it a lot of time on housing and meetings and delivered it to the Town She said the housing market is still tight M Robertson said there are a couple of different resolutions being circulated regarding the Recreation Partnership and those have been sent to the Supervisor. The Youth Services Department budget is going to be discussed by the County a week from Priday and they will be talking about whether to fund the Recreation Partnership for the coming year. She asked for the Town's input on whether the County should shay in or not. 'fwo of the resolutions don't really address whether the County should stay in, but deal more with the internal organization of the Partnership and what its goals are. The other was a short resolution passed by the Town of Ithaca recommending that the Country stay involved. M Robertson said if the Town of Dryden wanted the County to consider that, now would be the time to do that, before they vote next week. The County's share for the year would be $38,000, or 82¢ per year on a $100,000 home. At this point it is not included in the County's budget. M Robertson said it makes a huge difference in the programs that would be offered to the youth in the County. About 2,000 kids would be affected by the programs that would have to be cut if the Partnership's support went down by $38,000. M Robertson said if the County were to pull out, the'1'owms would be faced with a choice of allowing the $38,000 to evaporate from programs for kids or having to make up the difference or a portion of it. Cl Stelick asked how much of the $38,000 actually went to programs and how much went to overhead, or how much was actually staff time. She said that ® it does not include the County's in-kind contribution of staff support. He asked if the County did not contribute financially whether there would still be staff support from the County, and she that is .a separate question, and she believes that at this point the funding for staff support: Page 6 of 18 Ts 9 -9 -0a is still there, but if the County were to pull out of the partnership, they could leave the staffing in place, or they would likely use that staff time toward other projects. Cl Stelick said he believes in the Rec Partnership, but doesn't necessarily believe in having the County involved in it. He said he doesn't believe the individual Towns have enough say in the budget process and that Cathy Valentino has a good point in that: they might be able to find more cost effective ways to operate working with the other communities. M Robertson said he was mixing up two different issues. The City Youth Bureau provides the programs and the budget and she has extensive budget materials they have provided. They review the budget line by tine and all municipalities are involved in that. M Robertson said if they maintain the salve level of funding, around $190,000 (basically the same level for the last four years), there will be a reduction of about a full -time equivalent in staffing, fee increases in skate camp, golf lessons and tennis lessons, they will have to fund raise $1,100 and there will be other streamlining measures in the reporting. if the County drops out and the Towns' contributions stay the same, there will be an additional full -time equivalent cut., and programs that would be cut: entirely would be football, sports camp, Cass Park Day Camp, boys &s girls lacrosse, Club Ithaca, cheerleading and basketball. Cl Michaels said he has watched the County cut programs such as senior programs that for a very small amount of money per household help a tremendous number of people and programs such as this that help keep kids out of problems, but then spend millions to help a very small number of people. He said he thinks the County has its priorities messed up and the problem he has as town board member considering how to do this is to create a program where we are not constantly worried about the commitment of the County toward the youth. He said when they get into budget trouble they look to cut out the legs from programs that are under development. There are administrative issues and the money doesn't necessarily help design a program that is sustainable and sustainable and have the types of programs that we want our youth to be involved in. He asked if the alternatives to incarceration program was automatically put: back in or considered a policy decision, because to him that is a much bigger issue. The Town's concern is more structural. M Robertson said she agrees that if you help kids early you will not have more expensive problems later on. She said she would like this to be a program that did not have to be debated every year and Cl Michaels said she was in a position to make that happen. M Robertson said that if the Town Board doesn't ask them to do that, it is much more likely not to be funded. She can use a resolution from the Board to strengthen her position with the County Legislature to get the funding and keep the programs going. Cl Michaels said the Town is finding it difficult to deal with the County administratively and often expensive relative to cooperative programs. We have a very active and effective recreation department here and decided to expand that by hiring a rec coordinator and fund it, so we are going in a different direction and the Towns are now talking about working together. He said if the Towns of Ithaca, Lansing, Dryden and Caroline got together and decided to run a rec program together, he would have a great deal of confidence in the historical behavior of those towns in the commitment toward it, and said it would be very effective and cost effective. M Robertson said the County didn't stay in this year, they would never be i.n it again, and if they stayed in it this year with a strong statement from the Towns, she thinks they might be able to make a case for making it permanent. The board decided not to pass any resolution regarding this matter. M Robertson asked that the Board appoint two people who could come to the Recreation Partnership meetings because the rep from Dryden hadn't been showing up. Cl Stelick said he would go, but had been to some meetings that didn't: seem very productive. He warit:s to discuss things that affect the children. Cl Hattecy said he would take her ® recommendation under advisement. Page 7 of 18 TB 9 -9 -04 M Robertson said she is not confident about the County funding the Rec Partnership without urging by the Town. M Lane said the County only wants to know what the Towns Rec Partnership and has only ever funded it at the request of the Toi the effort should be at the Town level, and he personally thinks that for its buck for the kids in the Ithaca City School District that live in about $12,000. think about funding the vns. He noted that he felt the Town gets a lot: of bang the Town of Dryden for With respect to the tax rage, he said he did not want to give the impression that the administrator's budget: with its 3% levy increase will result in a decrease in tax bills. Assessments on a lot of properties have risen and so those bills may increase even with a decrease in the tax rate. M Lane said they still need to decide what to do about the jail, and that funding is not included in the administrator's budget. They have to decide whether or not to take the recommendation of the Corrections Commission, which says they have build 136 cells (actually 144 cells because some cells are considered never to be available because of various classification of inmates). He said members of the County Legislature have very mixed views about this, with many feeling that if they continue the ATi program that: will keep the population down and they won't need to build. Others feel they should cut the AT] programs and build more jail and that would solve the problem of not having to board prisoners out. He said he feels they need both, the commitment the ATI programs have to drug rehabilitation for people convicted of drug crimes, tu7d sufficient capacity to put people in jail who may need to and not have to board those people out. If they decide to build on to the jail, they will not be able to hold the tax levy increase to 3 %. At the public forum held on jail expansion and the • county executive, most people in attendance were opposed to both. Cl Stelick asked if there were people in favor a bigger jail, and M Lane said there are people he has talked to who are in favor of it, but there was no one at the forum with that opinion. Costs to board out prisoners in the past have exceeded a half million dollars a year. M Robertson said the cost to board out is $104 per prisoner per day, and the cost to build and operate the jail on an annual basis (debt service and staffing) would be a 3.87 million dollars per year. Cl Stelick it appears that the County %rill have to build or board out and M Lane agreed, saying their waivers to house more prisoners will probably be pulled. M Robertson said they are doing what they can to get the jail population reduced and avoid boarding out of prisoners. Cl Stelick asked if the $4 million per year in expense to expand and staff the jail included income from board in other prisoners. M Robertson said they would have to board in about: 70 prisoners per day to break even on the cost to build the extra cells. Cl Michaels pointed out it would be more cost effective to board out prisoners as necessary than to build additional cells. Cl Stelick asked what other communities were doing and M Lane said most were expanding their jails. M Robertson said that renovations to the present jail would trigger review by the Commissioner of Corrections. if nothing is done, they may pull the variruices, but they cannot force the County to build a new jail. They can only force it if the jail is renovated, and the HVAC system needs a lot of work, but they are not sure if that will trigger a review. Cl Michaels said because it is permissible to board out, and is more cost effective, why would they build a new jail. M Robertson said it: does hinge on population and the population in the jail has decreased the last few years, likely because of the ATi programs. Cl Michaels said it is still is more cost effective to board out than to build new and asked why they would build, when it appears it will always be more cost: effective to board out. Page 8 of 18 TR 9 -9 -04 ENGINEERING No report. RECREATION DEPARTMENT Cl Stelick said there are 145 participants in football and cheerleading and this Sunday is the annual youth scrimmage with about 400 kids there. Union Springs and Candor have joined the Youth Football League in addition to the original 10. In the matter of the public hearing held this evening the Board needs to approve the Supplement to the Agreement of Municipal Cooperation and Bond Resolution for an additional $500,000, total project not to exceed $1,500,000. RESOLUTION #135 - APPROVE SCLIWC AMENDMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approve the agreement to amend the agreement of municipal cooperation for SCLIWC and the Supervisor is hereby authorized to execute the same. 2..d Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv ,Trumbull Yes Cl Michaels Yes Cl Hatt:ery Yes RESOLUTION #136 - RESOLUTION AUTHORIZING THE INCREASE IN THE COSTS OF THE EXPANSION AND RENOVATION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER TREATMENT PLANT, AUTHORIZING THE INCREASED EXPENDITURE OF FUNDS FOR SUCH PURPOSE, AUTHORIZING THE INCREASE IN THE AMOUNT OF JOINT AND SEVERAL SERIAL BONDS TO BE ISSUED FOR A PORTION OF THE COSTS OF SUCH PROJECT, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION RELATING TO SUCH INCREASES Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board of Town of Dryden, in conjunction with the 'ro%vns of Ithaca and Lansing and the Villages of Cayuga Heights and Lansing, has determined and agreed to participate in the expansion and renovation of the Southern Cayuga Lake Intermunicipal Water Commission ("SCLIWC ") water treatment plant and to contract indebtedness therefore in accordance with Section 1.5 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal Cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System Relating to 2003 Plant Expansion Project dated as of July 7, 2003 (the "Intermunicipal Agreement Supplement"); and Page 9 of 18 Ta a -9-04 ® WHEREAS, a plan, report and map was duly prepared in such manner and in such detail as this Board determines to be necessary, relating to the construction and equipping of a two - story office and work space addition to the Southern Cayuga Lake Intermunicipal Water Commission ( "SCLIWC") water treatment plant, pursuant to Article 5 -G of the General Municipal Law and relevant provisions of the Town Law and Village Law, such project to be known and identified as the SCLIWC 2003 Plant Expansion Project, and hereinafter also referred to as "improvement", to provide expanded space in the water treatment: plant owned in common by the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the "Municipalities" and sometimes individually the "Municipality"), such improvement to be constructed and owned by the Municipalities, and WHEREAS, based upon said plan and report SCLIWC and the Municipalities authorized the expenditure of $2,310,835 for the Improvement and authorized the issuance of joint and several serial bonds in the amount of $1,000,000 to pay for part of the costs of said Improvement; and WHEREAS, the bids for the Improvement: received from the lowest responsible bidders for each segment of the project were considerably higher than the estimates for same from the Engineers; and WHEREAS, as a result the Engineers for SCLIWC and SCLIWC itself have recommended that the amount to be authorized for expenditure for the Improvement be increased by $289,165.00 to cover the increased amounts of such bids and to provide a reasonable contingency for future unanticipated expenses; and WHEREAS, SCLIWC has also recommended that because of the increased costs and the is desire to possibly authorize other projects in the future that would utilize some of the surplus funds that had initially been proposed for the improvement, the amount of the bonds to be issued in connection with the Improvement be increased by $500,000; and WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement: consists of the improvements set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Municipality Clerk: Construction of a 7616 square foot, two story office and work space addition on the east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing grid renovation of 4332 square feet of existing office space to provide increased office space for SCLIWC's Administration and Distribution personnel, workshops for SCI..IWC's electrical and mechanical technicians and production department personnel, handicapped accessibility, an archive room for long term storage of SCLiWC's files and documents, an expansion of the facility's laboratory to meet increased water quality monitoring requirements, and additional fire suppression systems in the new and renovated areas of the facility; upgrading the HVAC systems to bring them into compliance with current building codes; upgrading the north entrance to the facility; and adding four additional parking spaces to accommodate the public; and WHEREAS, the maximum now proposed to be expended for the aforesaid improvement is $2,600,000.00; and WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,500,000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC; and WHEREAS, the project herein described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Deparhnent of Environmental Conservation Page 10 of 18 TB 9 -9 -04 promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined %%611 not result in any significant environmental effects; and WHEREAS, all other actions precedent to the financing of the capital project hereinafter described have been performed; and WHEREAS, it is now desired to authorize the increase in the maximum amount to be expended for the SCLIWC 2003 Plant Expansion Project, the increase in the amount of bonds to be issued in connection with the Improvement, and the execution of the Intermunicipal Agreement Supplement authorizing such increases; NOW, THEREFORE, DE IT RESOLVED by the Town Board of the Town of Dryden, conditional on the within resolution in substantially the same form being adopted, approved and made effective by the other member municipalities of SCLIWC to the extent applicable to such municipalities, as follows: Section 1. The Town of Dryden hereby authorizes the expenditure of an additional $289,165.00 for the previously authorized renovation of the previously authorized SCLIWC 2003 Plant Expansion Project by the construction of the improvements to the plant described above and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project", and all of said actions being authorized pursuant to Articles 12, 12 -A, and /or 12 -C of the Town Law and Article 5 -G of the General Municipal Law. Section 2. The Town of Dryden hereby authorizes the Supervisor, on behalf of the is Town, to execute the Intermunicipal Agreement Supplement pursuant to which the Town authorizes the increase in the costs of the SCLIWC 2003 Plant Expansion Project, the increase in bonding, and reaffirms t:he delegation to SCLIWC and its officers and Treasurer the authority to contract for and construct said Project, and to finance the same in the manner set forth herein. Section 3. The Town of Dryden, subject to the approval of the voters of the Town of Dryden if a referendum is requested, hereby authorizes the issuance of an additional $500,000 of joint and several serial bonds to pay for a portion of the cost of such Project, pursuant to the Local Finance Law and Article 5 -0 of the General Municipal Law. Section 4. $2,600,000 is now estimated as the maximum cost for Project. Section 5. The plan for the financing of the Project is amended, and as so amended is hereby authorized, to consist of (a) The issuance of General Obligation Joint and Several Serial Bonds of the Municipalities in the principal sum of not more than $1,500,000.00, to be issued pursuant to the Local Finance Law and the General Municipal Law for a portion of the costs of the Project; and (b) Payment from budgeted revenues and from surplus funds of SCLIWC of the balance of the remaining costs of such Improvement. Sesction 6. For the purposes of Section 1.5.10 of the Local Finance Law relating to the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Villages shall be in the same proportion as t:he consumption of water from the SCLIWC facility in each of the 'Towns of Dryden, Ithaca, Page 1 I of 18 T13 9 -9 -04 is and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water from the SCIAWC water distribution facility, which is estimated to be, and for the 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 t:he amount to be allocated for the purpose of ascertaining each of the municipalities debt: contracting powers shall be, as follows: MUNICIPALITY PERCENTAGE OF DEBT ALLOCATED PORTION OF DEBT Town of Dryden 4.:577 $ 68,655.00 Town of Ithaca 44.031 $660,465.00 Town of Lansing 18.186 $2721790.00 Village of Lansing 21.941 $329,115.00 Village of Cayuga Heights 11.265 $1681975.00 Not:hi.ng in this section shall be deemed to be in conflict with or to supersede the provisions of this resolution hereinafter set forth 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 serviced provided to be apportioned annually by said provisions. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized and directed to act jointly to make application to the State Comptroller as appropriate 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 connection with such application. is Section 7. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1 of Paragraph a of Section 1. 1.00 of the Local Finance Law. It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 8. The full faith and credit of said Town of Dryden, said Town of Ithaca, said Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and 'interest on said bonds as the same respectively become due and payable. The principal of and interest on said joint bonds shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which the consumption of water from the SCLWC system in each of said municipalities bears to the full consumption from the entire SCLIWC water distribution system, such ratio to be annually determined in accordance with the aforesaid intermunicipal Agreement Supplement, the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: (a) From the several lots and parcels of land in each of the water districts in the Town of Dryden and in the Town of Lansing, in the manner provided by lacy. (b) From the several lots and parcels in the Town of Ithaca Town -wide water improvement area, in the manner provided by lace. 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. Page 12 of 18 T13 51-9 -01 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 tVie taxable real property in said Village of Lansing shall be jointly subject to the levy of an ad valorem tax, without limitation as to the rate or amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 9. 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 scrial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of the Town of Ithaca, the Chief Fiscal Officer of said Town, acting on behalf of the chief fiscal officers of the Tow'11S 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 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 Town of Dryden, the Town of Ithaca, the Town of Lansing, 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 thereto 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 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 certificate 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 10. 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 purchase for which said Towns or 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 20 days after the date of publication, or 3. Such joint bonds are authorized in violation of the provision of the Constitution. Section 11. 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 wvit:h the Clerk of each of the other Towns and of the Villages, a certified copy of this resolution and a printer's affidavit Page 13 of 18 I 9 -9 -A4 0 or affidavits , as the case may be, of publication thereof with the required noticed or notices, as the case may be. Section 12. 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 her 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 she shall deem best for the interests of the aforesaid Towns and Villages, provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt: of said Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not. be obliged to see to the application of the purchase money. Section 13. All other matters, except as provided herein relating to such joint bonds, including determining whether to issue such joint serial bonds having substantially level or declining debt service and all matters related thereto, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds, the date, denominations, maturities and interest payment dates, place or places of payment, shall be determined by said Supervisor on behalf of the chief fiscal officers of the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing. It is hereby determined that it is to the financial advantage of the issuers not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Town Supervisor shall determine. Said bonds shall be signed in the naive of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile or original 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, Section 14. Pursuant: to Local Finance Law Section 1.5, the Supervisor of the Town of Ithaca is designated as the chief fiscal officer to maintain the records relating to the joint bonds, the paying agent on the bonds, and the registration agent: if she does not appoint such an agent pursuant to the authority granted elsewhere in this resolution. Section 15. Any obligation issued under authority of this resolution shall contain on it's 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 Cayuga Heights, Tompkins County, New York, and the Village of Lansing, Tompkins County, New York." Section 16. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -1. Other than as specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set. aside with respect to t:he permanent funding of the object or • purpose described herein. Page 14 of 18 TB 9 -9 -N Section 17. SCLIWC is hereby authorized to pay, out: of unreserved surplus, the costs of the SCLIWC 2003 Plant; Expansion Project in excess of the bond proceeds authorized by this resolution, provided, however, the maximum cost: of said project: does not exceed the maximum authorized in this resolution. Section 18. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. Section 19. If no referendum is requested, or if requested, a referendum is held and the referendum approves the resolution, this resolution, or a summary thereof, shall be published by the Town Clerk of the Town of Dryden, together with a notice in substantially the form prescribed, and containing the information required, by Section 81.00 of said Local Finance Law, such publication to be in the Ithaca Journal, a newspaper published in the City of Ithaca and having a general circulation within such Town. Section 20. This resolution shall take effect immediately, unless a referendum is requested, in which event it: shall take effect, if approved at such referendum, upon such approval. Section 21. This resolution is adopted subject to a permissive referendum pursuant to Town Law Article 12, 12 -A and /or 12 -c, and Local Finance Law Section 35. 2111 Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Board members have a form of order calling a public hearing on the Fast Hill Tank Project and Atty Perkins said he does not yet: have the proposed amendment and so the board is not really in a position to call a public hearing for something they don't have before them. They will also need to comply with SEQR before calling the public hearing, and board members have a copy of the EAF passed on by the Commission. This will probably come up in October. Attu Perkins distributed a memorandum and his comments on the draft of the agreement: between the Village of Dryden and the Town regarding the Cortland Road Sewer District. He said more importantly than the form of the draft are the substantive agreements that need to be reached on policy decisions. He suggested that a committee meet with the Village to address these matters. Cl Hattery suggested the public works committee meet with them. Atty Perkins said he has two matters for executive session. One is litigation the town is involved in and the other involves a matter leading to the employment, appointment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. With the respect to the Royal Road Water and Seaver Districts, a petition has been filed. On July 22 the board passed resolutions forming the Royal Road Water District and the Royal Road Sewer District. A resolution was also passed approving agreements with F & T Distributors so they could hook into the existing water and sewer and that is fine and F & T is Page 15 of 18 Ti3 9 -9 -04 0 operating in their new facility. They are being served as an out of district customer. The two resolutions forming the districts were adopted subject to a permissive referendum and the procedure is set forth in Town Law. Petitions were filed and Atty Perkins has examined them to be sure they comply with provisions of Town Law and they do. There are sufficient signatures (only one was necessary). The procedure now is for the Town Clerk to provide the board with the form of the propositions to be submitted at a special election. Because of the timing of it, the special election will be held the same day as the general election. It is a special election in a sense that limited people can vote on the formation of the district. Atty Perkins suggests that the election be held at the Town Hall and paper ballots be used. There will be a list of people who are qualified to vote and notice of the special election will be given to appropriate parties. The proposition has to be approved by a majority of those voting on it. ZONING OFFICER ZO Slater reported that. on behalf of the Highway Department he had submitted an application for site plan review for the proposed expansion of the highway barn with the Village. He will represent the application at the Village and they will be scheduling a hearing for that. A phone call was received today from David Brown, aide to Congressman Boehlert, asking where the appeal on the Virgil Creek project stood. ZO Slater check with Albany who advised they had 60 days to further prepare the appeal and submit it and it is due October 9. They have discovered that it appears that the Town never represented the project differently than the way it was done, and that is they way they are preparing the appeal. Congress Boehlert's office has a commitment from F MA that they will send someone out to look at the project as soon as they receive the appeal, and Congressman Soehlert has stated he wants to be present when the inspection is done. ENVIRONMENTAL PLANNER D Gross said she has been attending meetings of the Cayuga Lake Watershed Intermunicipal Watershed Organization and one of the things they have decided is fund radio ads that raise awareness of watershed issues. She has helped to draft an ad about the st:ormwat.er regulations to let people know that if they disturb over an acre of land in their project they need to get a DEC permit. D Gross said she had sent invitations to over 120 farmers and owners of farm land inviting them to come and share thoughts and suggestions for the comprehensive plan at the meeting to be held Monday at 7:30 at the Dryden Veterans Memorial Home. She will report to the board after the meeting. Tompkins County has offered to provide funding ($25,000) for drilling of the test well for the aquifer study and they will need to get the arrangements made for this fiscal year. Todd Miller of USGS is still analyzing the data to determine the best site for the test: well. Board members have a draft agreement with the County for the funding. Supv Trumbull noted that timing for this was important in order to do it in this fiscal year. Atty Perkins had asked for clarification of some wording in the agreement and noted there are other issues to be addressed such as access to the site and permission of the landowner if it is not: public property. He said we need to find out from the County if we have to incur the expense in 2004, enter into this agreement in 2004, have to have it completed in 2004, or billed in 2004, and _ there is not a lot of time left in 2004. D Gross will get answers to these questions. RESOLUTION #137 - AGREEMENT WITH TOMPKINS COUNTY FOR AQUIFER STUDY Page 16 of 18 TB 9 -9 -04 Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Torn Board hereby authorizes the Supervisor to sign an agreement with Tompkins Country whereby they will pay up to $25,000 for an additional test well in connection with the Virgil Creek Aquifer Study. 2"d Cl Hattery Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes The telecommunications consultant previously chosen by the board does not have insurance that meets Town requirements. The committee will review other applicants. D Gross said she has been looking into the possibility of working with a work study student from Cornell. That matter will be discussed in executive session. D Gross reported she has been talking with the property owners along the proposed trail from the Village of Dryden to the Village of Freeville. She said the next step is to hire an engineer to help with the design and she will be working an RFP for this. Cl Hattery said there is a good chance of the project moving forward if they get the right consultant. D Gross said she would also be applying for technical support from a group called Parks and Trails New York, and they would come in and give a workshop on trails development and finding funding sources. TOWN CLERK B Hollenbeck asked the board to approve the minutes of the August 12, 2004 meeting. RESOLUTION #138 - APPROVE MINUTES Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves of the August 12, 2004, town board meeting. 2nd Cl Hattery Roll Call Vote Cl Stelick Yes CI Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes B Hollenbeck advised the beard that the dog enumerator had clone a good job with the enumeration initially, but was not going to finish and so she would be looking for someone to replace him. The contract with the SPCA expires at the end of the year, and some consideration needs to be given to that. RESOLUTION # 139 - APPROVE ABSTRACT # 109 Cl Michaels offered the following resolution and asked for its adoption: Pale 17 or 18 `I'B 9 -9 -04 RESOLVED, that this Town Board hereby approves Abstract # 109, as audited, vouchers #792 through 862, totaling $192,004.82. 2nd Cl Stelick Roll Call Vote DISCUSSION Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes The personnel committee will be meeting Tuesday at 7:30 a.m. and will discuss the request for additional vacation days for town hall employees to compensate for the week the Highway Department is closed in July. The audit has been received for the Etna Fire Department. Board members asked to review it before the contracts were sent to the department. Cl Christofferson asked about the budget process. Department heads will meet with the bookkeeper, Supervisor, and another board member to review their budget: requests. Following those meetings Supv Trumbull will put together a budget to be presented to the entire board. Cl Christofferson said would be in favor of any requests for computer and technical training. Cl Stelick would like to be appointed to the Recreation Partnership Board and the board agrees that he should attend at the Town's representative. On motion of Cl Hattery, seconded by Cl Michaels, and unanimously carried, the board adjourned to executive session at 10:26 p.m., to discuss a matter of current litigation, and a matter leading to the employment, appointment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. No action was taken, and the meeting was adjourned at 10:50 p.m. Respectfully submitted, Bambi L. 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