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HomeMy WebLinkAbout2003-04-02Date: April 2, 2003 e Tim • 7.00 p m . . Place: Lansing Town Hall Board Room AGENDA 251 1. Dick Thaler - Lots in Whispering Pines Drive 2. Resolution: Insurance Issue (Broker of Record) f .4 . 1. Dick Thaler - Lots in Whispering Pines Drive 2. Resolution: Insurance Issue (Broker of Record) f 252 April 2, 2003 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 p.m. with Deputy Supervisor Shattuck presiding. The Deputy Supervisor called the meeting to order and took the Roll Call, Stephen Farkas Supervisor Absent Katrina Greenly Councilperson Present Doug McEver Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson/Deputy Supervisor Present Bonita Boles Town Clerk Absent Guy Krough Town Attorney Present VISITORS: Richard Thaler, Larry Fabroni and Stephen Cardamone. r / _u U — •I _ - - L U&II J�sU _ &#I At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 2nd day of April 2003, the following members being present: Katrina Greenly, Councilperson; Douglas McEver, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson/Deputy Supervisor (Stephen Farkas, Supervisor, being absent); the following Resolution was duly made by motion of Katrina Greenly, and seconded by Meg Overstrom, and the vote was as follows: Katrina Greenly in favor; Meg Overstrom in favor; Francis Shattuck in favor; and Douglas McEver abstaining; the motion therefore having passed. WHEREAS, at the March 19, 2003 Regular Town Board meeting a representative from the Wood Insurance Agency, Doug Hagin, asked the Board for appointment as an agent to allow such company to obtain competitive quotes from several insurance companies, including NYMIR and Selective; and WHEREAS, the Town Board executed a letter authorizing such agency to obtain such competitive bids; and WHEREAS, the Town Board later learned that the document executed actually appointed the Wood Agency as the exclusive Broker of Record for NYMIR and Selective, thereby displacing the Bailey Agency; and WHEREAS, it was not the intent of the Town Board to displace the Bailey Agency, but to only allow for future competitive bids for insurance costs and coverages, and WHEREAS, the Town Board wishes and desires to re- instate the Bailey Agency, and revoke the appointment of the Wood Agency as the Broker of Record on account of this misunderstanding and mistake; and WHEREAS, upon full discussion and consideration of the above matters, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby appoints the Bailey Agency and/or George Bailey as its Broker of Record for the Town of Lansing for NYMIR and Selective, and authorizes the Town Supervisor and/or Deputy Town Supervisor to execute any and all documents necessary to effect this appointment and corrects such error. At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 2nd day of April 2003, the following members being a � r' April 2, 2003, continued present; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson/Deputy Supervisor (Stephen Farkas, Supervisor, being absent); the following Resolution was duly made by motion of Douglas McEver, and seconded by Katrina Greenly, and the vote taken was as follows: Douglas McEver in favor; Katrina Greenly in favor; Francis Shattuck in favor; and Meg Overstrom abstaining, and the motion therefore having passed. WHEREAS, at the March 19, 2003 Regular Town Board meeting resident Richard Thaler had presented to the Board a request that 2 Building Permits be issued prior to the completion of the Road, upon Thaler's presentation to the Town of Letter of Credit, or other bond or assurance, of the Road's completion; and WHEREAS, Mr. Thaler appeared with his engineer Larry Fraboni, and the builder Mr. Cardamone, and asked for the Building Permits upon the further promise to name the Town as an additional primary insured under the Cardamone policies of insurance; and WHEREAS, the Town Board expressed several concerns about precedent, liability, and Town Law(s) and Ordinances; and WHEREAS, the road is over 50% completed, and completed to the satisfaction of the Town Highway Supervisor, and as the road completion date is expected to be May 15, 2003, and as the sub -base is installed and can support ambulances and other emergency vehicles, and as the builder in question is a reputable builder who has built quality homes in Lansing for over 20 years, and due to unexpected and unusual weather patterns that necessarily delayed the proper completion of the road; and WHEREAS, the Town's willingness to conditionally issue the 2 building permits is a fact specific determination, and WHEREAS, upon full discussion and consideration of the above matters, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the issuance of 2 Building Permits upon the following terms and conditions, proof of satisfaction of which are required prior to the issuance of the said 2 permits: 1. Issuance of a Letter of Credit or Performance Bond in an amount sufficient to complete the road, as determined and approved by the Town Highway Supervisor and hereby found to be $50,000.00, and 2. Placement of the Town of Lansing as an additional primary insured on all general all -risk liability and umbrella policies, insuring the Town from and against any and all claims and losses to persons or property arising from or in relation to the issuance of the Building Permits and/or any construction upon the sites or structures so permitted, which such policies shall provide minimum per incident and per loss coverage(s) of not less than $2,000,000.00, and which such policies shall require 30 days advance notification to the Town of any change, amendment, loss of, or cancellation of any coverage(s). and it is further RESOLVED, that until completion of the road, no Certificate of Occupancy will be issued. Meeting adjourned at the call of the Deputy Supervisor.