No preview available
HomeMy WebLinkAbout2004-02-1929 REGULAR TOWN BOARD MEETING TIME: 7:00 P.M. DATE: FEBRUARY 19, 2004 (Thursday) PLACE: LANSING TOWN HALL BOARD ROOM AGENDA 1. Call Meeting to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Hearing — 7:05 p.m. — Senior Citizen /Disabled Individuals Exemption ($32,400). 5. Privilege of the Floor. 6. Engineer's Report. 7. Code Enforcement Officer's Report. 8. Highway Superintendent's Report. 9. Set Public Hearing — Fee Changes for Subdivisions. 10. Approve Audit service with Andrew N. LaVigne for yearend 2003. 11. Set up 1 year optional renewal with yearly Town financial audit and 3 year rotation of audits for Parks and Recreation, Courts and Town Clerk's Office. 12. Appoint Dawn Bogdan to permanent status (per Civil Service score) @ $15.46. 13. Approve Audit. 14. Approve minutes of January 21, 2004. 15. Board member reports. 16. Executive session if needed. 17. Adjourn meeting. 30 February 19, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Deputy Supervisor Shattuck presiding. Mr. Shattuck . called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Absent Marty Christopher Doug McEver Frances Shattuck Connie Wilcox Bonny Boles Guy Krogh Councilperson Councilperson Councilperson, Deputy Supervisor Councilperson Town Clerk Town Attorney The Deputy Supervsior lead all present in the Pledge of Alegiance. Present Present Present Present Present Present VISITORS: Jack French, Dick Platt, Dave Herrick, Carol and Michael Kammen and Jennie Daley. PUBLIC HEARING - SENIOR CITIZEN EXEMPTION. 04 -46 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Senior Citizen Exemptions be opened at 7:05 p.m. Carried. 04 -47 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be hear, having been heard and no one voicing any objections, the Public Hearing was closed at 7:06 p.m. Carried. 04 -48 ORDINANCE AMENDMENT TOWN OF LANSING ORDINANCE NO. 51 Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for amendment to Ordinance No. 5, ordinance of the Town of Lansing, providing for a partial tax exemption of real property owned by certain persons with limited income who are 65 years of age or over, adopted August 9, 1966, which ordinance was amended November 30, 1970, March 11, 1972, February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1982, March 13, 1984, February 11, 1987, August 15, 1990, January 30, 1991, December 8, 1993, October 12, 1994, December 21, 1994, December 31, 1996, December 16, 1998, January 17, 2001 and October 16, 2002. SECTION 1. The provision of the ordinance of the Town of Lansing adopted August, 1966, as amended, is hereby amended to read as follows: SECTION 2. This ordinance is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended by Chapter 756 of the laws of 1986. SECTION 3. Pursuant to the provision of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the 31 Continued, February 19, 2004 applicable taxes specified in Section 467 based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER OR PERCENTAGE ASSESSED VALUATION COMBINED ANNUAL INCOME OF OWNERS EXEMPTION FROM TAXATION Up to $ $ 24,001.00 $ $ 25,001.00 $ $ 26,001.00 $ $ 27,001.00 $ $ 27,901.00 $ $ 28XI1.00 $ $ 29,701.00 $ $ 30,601.00 $ $.31,501.00 $ 24,000.00 50% 255000.00 45% 26,000.00 40% 2700.00 35% 27,900.00 30% 28,800.00 25% 29,700.00 20% 303600.00 15% 31,500.00 10% 325400.00 5% This partial exemption provided by this ordinance shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. This Local Law shall be administered in accordance with said sections of the Real Property Tax Law, as now adopted, and as may be amended from time to time, and the provisions of said sections as provided in Section 467 shall be applicable to the effectuation of the exemption provided for in this ordinance. SECTION 4. Application for such exemption must be made by the owner of all of the owners of the property on form prescribed by the State Board to be furnished by the Tompkins County Assessment Department and shall furnish the information and be executed in a manner required or prescribed in such forms and shall be filed in the Assessment Department Office on or before the appropriate taxable status date. SECTION 5. Any conviction of having made a willful false statement of the application for such exemption shall be punishable by a fine of not more than $ 100.00 and shall disqualify the applicant or applicants from further exemptions for a period of five years. SECTION 6. This ordinance shall, in accordance with the provisions of Section 2 of.Chapter 756 of the laws of 1986, be applicable to the town tax for the year 2004 and future tax years until this Ordinance is amended or rescinded, and the provisions of said law shall govern the granting of an exemption under Section 467, notwithstanding any contrary provisions of the section. SECTION 7. This ordinance shall be effective immediately. SECTION 8. This ordinance shall be entered in the minutes of the Town Board and published in the Ithaca Journal and a copy thereof posted on a sign board maintained by the Town Clerk of the Town of Lansing pursuant to Subdivision 6 of Section 30 of the Town Law and affidavit of publication and posting filed with the Town Clerk. Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Deputy Supervisor G Continued, February 19, 2004 CODE ENFORCEMENT OFFICER'S REPORT: Monthly Report: Mr. Platt stated that his office is down by 2 permits from last year and also down in project costs by $ 464,275.00. CEDAR PROGRAM(Code Enforcement Disaster Assistance Response Program): He informed the Board that he had attended a meeting in New York regarding the CEDAR program which allows municipalities to help other municipalities in the case of an emergency. He will look into this further and get back to the Board with more information. He feels this is a good program and would like to get it implemented. SOFTWARE: Mr. Platt looked at a new software package in New York that he felt would help them out in the office. The cost is approximately $ 4,000.00. He will look into this more and get together with Mr. Christopher to get more information. Mrs. Wilcox stated that she felt that everyone who will be using the software in the Town Hall should be involved. Mr. Platt stated that he is not in any hurry and will look into it extensively before making a decision. All effected will get involved. FRANCES SHATTUCK. Recognition — Highway Department. Mr. Shattuck read two letters, one from a Lansing resident and one from an Auburn resident complementing the Town of Lansing Highway Department for their hard work and good work ethic's. The letters are posted at the Highway Garage. Recognition — Town Clerk's Office. Mr. Shattuck thanked the Town Clerk's office for the hours they put in during tax time, which included a Saturday. MR. AND MRS. MICHAEL KAMMEN. Re: Sunpath and Jay O'Rear: Mr. and Mrs. Kammen came to the Town Board asking for their help in a problem they are having with Jay O'Rear and a private water line to their house. They stated that there are three leaks that have been there since last fall and Mr. O'Rear will not repair them. This is a very serious problem and Mr. O'Rear will not return any type of correspondence. After a long discussion it was the consensus of the Board to invite all of the homeowners on Sunpath to the next Regular Meeting in March to discuss the options regarding their water line. It was also the consensus of the Board that the Town could not help in the problem with Mr. O'Rear as it is a private entity, which the Town cannot get involved in. Mr. Krogh suggested the Kammen's contact John Anderson at the Tompkins County Health Department as he felt Mr. O'Rear was acting as an unlicensed water meter operator which is illegal. This problem will be discussed on March 17, 2004 at a public informational meeting. DAVE HERRICK — TOWN ENGINEER. Sanitary Sewer Planning Effort. A group of six (6) municipalities met today to set forth theonext steps that are needed to lift the current connection moratorium on the Village of Cayuga Heights plant. 33 Continued, February 19, 2004 They will focus on how to get the two by -pass projects jump- started as soon as possible. This will be discussed with the DEC. Sewer Benefit District Committee: Mr. Herrick wants to set up a committee to establish the sewer benefit district. Pheasant Meadow Sub - division (Bland): Mr. Herrick will put his recommendations regarding this sub - division in writing and get them to Mr. Platt. Mr. French will also present•his recommendations to Mr. Platt. Once this is done, it will be brought to the Town Board. HIGHWAY SUPERINTENDENT'S REPORT: Water Main Breaks: There has been two more water main breaks in the Village of Lansing. The County has informed Mr. French that before North Triphammer Road will be replaced this summer, the water mains will be replaced. New roof on the Highway Garage: Mr. French will be getting the specifications together and will also look into a solar cover to put on top of the roof that will adhere to the roof to save about 30% on heating fees. Specifications for used Roller• Mr. French will prepare the specifications for a used (1999 or newer) 84" single. drum vibratory compactor. New Salt Storage Building: Within the next two years, the Town will have to put up a new salt storage building as the DEC is starting to push the issue. Mr. French also stated that the Village of Lansing is trying to pass an Ordinance to use straight salt on their roads. Mrs. Wilcox was concerned with the safety of this issue_ This will be discussed at a later date. Whispering Pines: Mr. French gave Guy Krogh pictures he had taken of the road in Whispering Pines that was built by Mr. Ottenschott. Mr. French stated the road was in terr' i bl h This has been on going for two (2) years. Letter from Tim Joseph: e s ape. Mr. Shattuck stated that he had received a letter from Tim Joseph (County) stating that the County has drafted a shared service agreement between themselves and all municipalities. Mr. French stated that at the last Tompkins County Highway Association meeting, ALL Highway Superintendents agreed NOT to sign the agreement. SUB- DIVISION CHANGES: 04 -049 RESOLUTION Resolution re: Establishing Public Hearing mi Continued, February 19, 2003 Date for Consideration of Altering the Fee Schedule for Subdivisions within the Town of Lansing At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor, Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Douglas McEver; and the vote was as follows: Francis Shattuck - aye, Douglas McEver - aye, Connie Wilcox - aye, and Martin Christopher - aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town of Lansing has previously adopted fee schedules and allowed chargeable expenses for subdivision approvals within the Town of Lansing; and WHEREAS, the Town of Lansing has identified a need to update such schedules to recoup from developers the fees, charges and costs incurred by the Town as a result of subdivision requests; and WHEREAS, the Town desires to list advertising, publication, consulting expenses, and legal expenses as an additional part of the fee schedule, and the amendment of the same requires the amendment or adoption of a Local Law, and thus requires a Public Hearing; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that a public hearing upon the Subdivision Fee schedules, and particularly, increasing such fees to cover and reimburse the Town for related necessary expenses, including but not limited to legal expenses, publishing and advertising expenses, be and hereby is established and scheduled for 7:05 p.m. on March 17, 2004, at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York. APPROVE AUDIT: RESOLUTION 04 -050 Resolution re Renewal 'of LaVigne Firm Agreement to act as Independent Auditor At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Douglas McEver, and was duly seconded by Connie Wilcox; and the vote was as follows: Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: 35 Continued, February 19, 2004 WHEREAS, the Town of Lansing had solicited proposals from qualified accountants for the conduct of financial audits of the accounts maintained by the Town of Lansing Supervisor, Town Clerk and Town Court; and WHEREAS, The Town of Lansing, by Resolution dated February 5, 2003, hired the Andrew N. LaVigne Accounting Firm to provide auditing services for the Town of Lansing as outlined in the Bid Proposal specifications; and WHEREAS, the Town desires that such contract be renewed upon the same terms and conditions as applied in 2003 for the 2002 audit year; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that the accounting firm of Andrew LaVigne be and hereby is hired to provide auditing services for the 2003 calendar year for the accounts maintained by the Town of Lansing Supervisor, the Town Clerk and the Town Court, with such terms of hiring to be identical in scope and terms to the 2002 audit year agreement between the Town and said LaVigne firm. AUDITING SCHEDULE: RESOLUTION 04 -051 Resolution re Establishing One Year Optional Renewable Audits for the Department of Parks and Recreation, the Town Court, and the Town Clerk's Office At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Douglas McEver; and the vote was as follows: Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the follo-wing Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town of Lansing currently has in place Resolutions regarding the conducting of annual audits for certain Town Offices as required by applicable Law and Regulations; and WHEUAS, the Town of Lansing believes that it would be fiscally prudent to periodically audit other Town Departments and Offices; and WHEREAS,- the Town desires to establish a schedule of audits for the Town Clerk's Office, The Department of Parks and Recreation, and the Town Courts upon a one year optional renewal three year rotational schedule, with the Department of Parks and Recreation to be scheduled for audit for the year 2003, the Town Courts in year 2004, and the Town Clerk's Office in year 2005, with such schedule to thereafter repeat in following years such that each such Office or Department is subject to audit every three years; and WHEREAS, the Town Board desires to memorialize its decision to make clear to future Boards that it believes that such rotational auditing is in the best interests of the Town; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby 3E Continued, February 19, 2004 RESOLVED, that a schedule of audits be and hereby is established for the Town Clerk's Office, the Department of Parks and Recreation, and the Town Courts upon a one year optional renewal three year rotational schedule, with the Department of Parks and Recreation to be scheduled for audit for the year 2003, the Town Courts in year 2004, and the Town Clerk's Office in year 2005, with such schedule to thereafter repeat in following years such that each such Office or Department is subject to audit every three years. APPOINTMENT OF DAWN BOGDAN: RESOLUTION 04 -052 Resolution re Permanent Appointment — Dawn Bogdan At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor, Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Dawn Bogdan is a provisional employee of the Town of Lansing, working as a Grade 4 Civil Service Employee, and employed as a Principal Account Clerk/Typist; and WHEREAS, the period of provisional employment has ended and the Town desires to continue the employment of Dawn Bogdan as a permanent employee; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that Dawn Bogdan be and hereby is approved to be permanently employed as a Town of Lansing Grade 4 Civil Service Employee, as a Principal Account Clerk/Typist, upon the terms and conditions, and at the rate of pay, previously approved by the Board (and is currently $15.40 per hour). AUDIT APPROVAL 04 -053 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Vouchers: 66-179 PrePay Vouchers: 66-72 FUND TOTAL APPROPRIATIONS General Fund 44,214.33 Highway Fund 71,885.69 Lansing Lighting 15252.86 Lansing Water Districts 2,694.10 Cherry Road Sewer 670.76 Better Housing for Tomp. Co. 1,640.85 37 Continued, February 19, 2004 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Frances Shattuck, Deputy Supervisor APPROVE MINUTES: Mr. Christopher stated that there were some typo mistakes in the January 21St minutes and asked how the correction process is handled. It was decided, the Town Board members would give the corrections to the Town Clerk, in a timely manner so she could make the corrections and the minutes would be approved as amended. A copy of the minutes of January 21, 2004, having been furnished to the Board Members beforehand, the Deputy Supervisor asked for a motion to make corrections or to accept the same as submitted. 04 -054 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the minutes of January 21, 2004 are hereby approved as amended. Carried. TH TRIPHAMMER ROAD PROPOSED STORAGE IINITC• RESOLUTION 04 -055 Resolution re Phillips - Bellisario Application for Site Plan Review Proposed Self Storage Mini Mall At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor, Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Mr. Otis Phillips and Mr. Nickolas Bellisario, Jr. (herein jointly and severally the "Developers ") are owners of certain property on Triphammer Road located approximately 1 mile South of Waterwagon Road, being town of Lansing Tax Map parcel number 44. -1 -2; and WHEREAS, when the property was purchased by the Developers they were informed that the Land Use Ordinance was in the end stages of being changed; and WHEREAS, said property is proposed to be used by the Developers for a. business proposed to be named the "Lansing Self,Storage ", a mini mall styled self storage facility; and WHEREAS, the subject property is located in a R -2 zone pursuant to the Town of Lansing Land Use Ordinance, adopted October 15, 2003 (and made effective January 2, 2004, after publication); and wlr9 w Continued, February 19, 2004 WHEREAS, the Developers application for site plan review was made under the old Land Use Ordinance wherein such proposed use was permitted in an R -2 zone, but subject to the requirements of §802 of said Ordinance, including Site Plan Review; and WHEREAS, the Developers were advised that the Land Use Ordinance was already approved and adopted by the Town Board, or was about to be so approved and adopted, but the Developers wished to go forward with their proposed project anyway; and WHEREAS, despite the Developers acknowledgment that the proposed site plan was still in draft form and yet not complete, the Town expedited the public hearing at the request of the Developers and the neighbors of the proposed development site; and WHEREAS, a public hearing was scheduled and held upon January 21, 2004, which date was after the adoptive and effective date of the new Land Use Ordinance; and WHEREAS, said use no longer being an allowed use, the Developers were advised that the site plan review would have to be turned down; the application instead requiring a variance from the Zoning Board of Appeals ( "ZBA ") as the proposed project was for a use that was not an allowed use; and WHEREAS, the Site Plan Review is therefore deemed premature, and the Developers were again invited and advised to place their applications before the ZBA; and WHEREAS, after review and discussion of each of the foregoing premises, and after a review and consideration of evidence submitted at said public hearing, and the Developers being invited to speak should they so desire, the Town Board of the Town of Lansing has hereby RESOLVED, that the Site Plan Review application of the Developers be and is hereby denied, as said use is not a permitted use under the applicable Land Use Ordinance, and the Developers are hereby referred to the ZBA should they wish to have the project and /or any applications reviewed. BOARD MEMBER REPORTS. Marty Christopher: Personnel Committee: Parks and Recreation (Steve Colt and Pat Tyrrell) met with Mr. Christopher, Sharon Bowman and Steve Farkas. Brenda Moffitt has been hired as a campsite manager and will received a free campsite and also be compensated with a bi- weekly check. Mr. Christopher was not sure of the amount Ms. Moffitt would be paid. Mr. Christopher stated that Mr. Colt would like to make the campsite fee equal for residents and for non - residents. Connie Wilcox: Bolton Point Meeting: The addition is moving along and bids should go out sometime in March. Tompkins County Better Housing Meeting: Started to distribute some of the funds. Now trying to contact people who were on the waiting list and moved to the top of that list. Fire Commissioners Meeting: 39 Continued, February 19, 2004 Mrs. Wilcox told the officers that the Town Board would like open communication with them as to what is going on. She will attend at least 75% of their meetings during the year and will also be getting copies of their minutes. She stated that they are looking at a "Paid" Chief position. They are moving forward with the new station in the Village (No. 5) and with a new addition to the Central Fire Station on Ridge Road. DOUG: MCEVER: N.Y.S. Archives Grant: The Town has applied for a grant for Records Management in the amount of $ 97,0O0.00. He stated that $ 60,00.00 of this would be for hiring one full time and two part-time paid staff to do records management. The grant would also pay for specialized computerization hook -ups to all of the computers within the Town including the Town Highway Garage. Watershed Committee: Mr. McEver is now the new chairman and Chuck Howell is vice chairman. Next week, a project manager will be hired for the grant monies received last year in the amount of $ 286,000.00. The project manager will be housed in the Lansing Town Hall. Inter - municipal search for efficient cost and savings meeting: The County would like to get some of their expenses out of their budget and put into the Town's Budgets. All Town's agreed that it will only work if the County stops taxing people. Mr. McEver felt the issue of shared health and building insurance was a good idea. He did not agree with a lot of their proposals. Fifteen County personnel members were present at the meeting. Personal Watercraft: The Town of Ithaca the Town of Lansing adopt( decibel limit of 65 which is Mr. McEver felt all legislature would not allow keep control of it. FRANCES SHATTUCK: is looking at a Local Law that is almost the same as the one ;d with the exception of going to 500' out. They also added a already state law. Towns needed to stay consistent so the navigation law in the the, county to over see this. He felt the municipalities need to Hazardous Mitigation Committee: The final document is together with the changes. Salt Point: There was a pre- meeting and a regular meeting was set for March 6, 20.04. Plans will b. presented to the Town Board at a later date. 04- 056 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned at 9:10 p.m. to go into Executive Session to discuss a litigation issue. Carried. 04 -057 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: ,M Continued, February 19, 2004 RESOLVED, that the Executive Session be terminated at 9:20 p.m. and the Regular Meeting reconvened. Carried. RESOLUTION 04 -058 Resolution re McKane v. Town of Lansing: Authorization and Direction to Counsel At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of February, 2004, the following members being present: Francis Shattuck, Deputy Supervisor, Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: Stephen Farkas, Supervisor; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Douglas McEver; and the vote was as follows: Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town of Lansing is currently a defendant in litigation venued in Tompkins County commonly known as McKane v. Town of Lansing; and WHEREAS, Town Counsel has advised that the plaintiff and her counsel have failed to respond to inquiries and have taken no action in furtherance of the litigation for almost one full year; and WHEREAS, Town Counsel has advised the Town Board of its options and the status of such litigation in Executive Session; and WHEREAS, after review and discussion of such matter, the Town Board of the Town of Lansing has hereby RESOLVED, that Town Counsel, Guy K. Krogh, be and is hereby authorized to file a "90 -Day Demand" pursuant to CPLR 3216, and to further file an RJI requesting a judicial conference for the purposes of commencing a counter -claim sounding in eminent domain. 04 -59 RESOLUTION, offered by Mr. McEver and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting is hereby adjourned at the call of the Supervisor at 9:22 p.m. Carried.