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HomeMy WebLinkAbout2004-05-19REGULAR TOWN BOARD MEETING Date: May 19; 2004 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2. Pledge of Allegiance. 3. Roll Call. 4. Public Hearing - 7:05 p.m. - Local Law - Excavating and Construction in Town Road Right -of -Way. 5. Public Hearing - 7:15 p.m. - Parks and Recreation Fee Schedule. 6. Public Hearing - 7:30 p.m. - Amendment to the Lansing Water Craft Ordinance. 7. Privilege of the Floor. 8. John Bailey - Bailey Insurance. 9. Engineer's Report. 10. Highway Superintendent's Report. 11. Code Enforcement Officer's Report. 12. Announcement of Charmagne Rumgay to the position of Principal Account Clerk Typist in the Supervisor's Office. Rate of pay $14.88. 13. Approval of Covenants for Cornell Four Lot Subdivision, 14, Ludlowville Park Project. 15. Approve Audit. 16. Approve minutes of March 17th, April 21st and May 4th. 17. Board Member Reports. 18. Executive Session if needed. 19. Adjournment. 71 72 May 19, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call, ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Dave Herrick, Jack French, Julie Boles, Tom Livigne, John Bailey, George Avramis, Bert Bland, Margaret Dill, Scott Walters, Mike Martin, Seth Tucker, Dick Platt and a couple of other residents. The Supervisor lead all present in the Pledge of Allegiance. Res. 04 -79 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on Proposed Local Law No. 2 for the Year 2004 is hereby called to order at 7:05 p.m. Carried. Res. No. 80 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on Proposed Local Law No..2 for the Year 2004 is hereby closed at 7:08 p.m. Carried. RESOLUTION 04 -081 Resolution Adopting Local Law Number 2 of 2004 (Excavation and Construction in Town Roadways and Rights -of -Way) 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 May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing had previously adopted permit requirements for owners, contractors, and others who desired to dig or construct anything in Town of Lansing roadway rights -of -way; and WHEREAS, the Town of Lansing and the Town of Lansing Highway Department have, based upon past experience, determined (1) that such permit process has been ineffective as owners and contractors continued to excavate and construct in the right -of way without such permit, and (2) that without enforcement powers, the permit process will not work to protect the roadways, utility appurtenances, and public health and safety; and WHEREAS, on several past occasions owners and contractors have damaged water lines, gas lines, and other utility and roadway appurtenances, and on occasion, have 73 Continued, May 19, 2004 created significant risks to the life, welfare, and safety of residents, motorists, and pedestrians; and WHEREAS; the continuation of unregulated excavation and construction in such right - of -ways presents a significant danger to the life, welfare, and safety of residents of the Town of Lansing, as well as to passing motorists and pedestrians; and WHEREAS. Notice of a Public Hearing was, duly posted, advertised, and /or published in accord with lawn. and a public hearing was duly held upon May 19, 2004 at 7:05 p.m., at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York, where as all persons interested in the subject hereof had an opportunity to speak and /or present evidence in favor of or against the adoption of such proposed Local Law Number 2 of 2004, or any provision therein; and WHEREAS, after review and discussion of such proposal, and upon due consideration of all evidence and information gathered at the public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 2 of 2004, as set forth in its entirety below, and as a consequence hereof, the Town Board hereby further repeals each and all prior Local Laws and Resolutions in conflict with Local Law Number 2 of 2004: TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2004 EXCAVATION AND CONSTRUCTION IN TOWN ROADWAYS AND RIGHTS -OF -WAY SECTION 1: TITLE & APPLICATION - This Local Law shall be known as "Local Law Number 2 of 2004 ". Local Law Number 2 of 2004 hereby repeals any prior Local Law or Resolution that is inconsistent herewith. Local Law Number 2 of 2004 applies only witliin the Town of Lansing, Tompkins County, New York. SECTION 2: DEFINITIONS — The following terms used in this Local Law shall have the following meanings: A. HIGHWAY — "Highway" shall mean each, every and all roadways within the Town of Lansing, including the paved surfaces thereof, all signage, all ditches, culverts, drains and drainage ways, all utility and similar structures and appurtenances, and all land within the Town of Lansing or State of New York rights -of -way. B. PERMIT — "Permit" shall mean any permit required under local State or Federal Law for and project or work undertaken or performed by any Contractor, including but not limited to any Permit required under this Local Law, Local Law Number 1 of 2004, the Town of Lansing Land Use Ordinance, the Town Law of the State of New York, the Highway Law of the State of New York, and any regulations promulgated thereunder. C. CONTRACTOR — "Contractor" shall mean any person or entity, including any landowner or private citizen, that proposes to perform Excavation or Construction in or upon any Highway, or any Appurtenant Structure related to any Highway. D. EXCAVATION — "Excavation" shall mean any work, process, or construction that proposes to or does alter the surface of any Highway, or which affects the soils or any Appurtenant Structure under any Highway. W Continued May 19, 2004 E. CONSTRUCTION — "Construction" means the building, repair, or replacement of any Appurtenant Structure. F. APPURTENANT STRUCTURE — "Appurtenant Structure" means any temporary or permanent structure or construct, other than a roadway, upon, under or in any Highway, including but not limited to signs, waterlines, utility lines, culverts, ditches, drainage ways, manholes, driveways, guardrails, bridges and their supports and railings, and fencing. G. FEE — "Fee" shall mean any charge or cost imposed or due under or as a result of this Local Law. H. SECURITY— "Security" shall mean (1) an amount of cash delivered to the sole title and possession of the Town of Lansing, free of reservations, restrictions, conditions or claims; or (2) an unconditional letter of credit approved by the Town of Lansing; or (3) a performance and indemnity bond approved by the Town of Lansing; or (4) a Certificate of Deposit irrevocably assigned to the Town of Lansing in an approved amount; or (5) any other form of undertaking as approved by the Town of Lansing; or (6) any combination of the foregoing approved by the Town of Lansing. I. DEFAULT — "Default" shall mean (1) any violation of the terms of this Local Law; or (2) the violation of any terms or conditions of any Permit; or (3) performing any work, Construction, or Excavation not referenced in the Contractor's application; or (4) performing any work, Construction, or Excavation upon any land, Highway, or Appurtenant Structure not specifically identified in the Application or the Permit issued by the Town of Lansing; or (5) the allegation, publication, filing, or institution of any formal or informal claim, liability, loss, suit, claim, damages, costs, expenses, and /or suit against the Town of Lansing. SECTION 3 PROHIBITIONS — No Contractor may perform any Construction or Excavation in, upon, or under any Highway, nor construct or build any Appurtenant Structure, without a Permit. SECTION 4 PERMIT REQUIRED — Contractors must obtain all appropriate and /or required Permits from the United States, the State of New York, and the County of Tompkins, or from their applicable subdivisions, prior to applying for a Permit from the Town of Lansing. All Contractors are required to obtain a Permit from the Town of Lansing prior to performing any Construction or Excavation in, upon, or under any Highway, or before constructing or building any Appurtenant Structure. Each Permit issued by the Town of Lansing will be valid for a stated period of time. If the Permit expires, a renewal Permit may be issued by the Town of Lansing for an additional fee of $50.00, and upon such additional terms, security, or restrictions as determined by the Town Highway Superintendent, as determined in his or her sole discretion (without recourse). SECTION 5 PERMIT PROCESS — Contractors must submit an application for a Town of Lansing Permit upon a form provided and approved by the Town of Lansing Highway Superintendent. The application must be completed in its entirety, and must include all drawings and specifications for any Excavation or Construction. The Contractor must submit, at the time the application is submitted, an application Fee of $50.00, or the Application will be rejected as incomplete. If the Contractor proposes to do work or perform any Excavation or Construction upon or under land, or other rights in or to land, that are owned by any person or entity other than the Town of Lansing, the application must contain the written consent of each such person or entity, which consent must state that the owner has reviewed the proposed Excavation or Construction, including any related specifications and drawings, and consents to such work. 75 Continued May 19, 2004 SECTION 6 REVIEW OF APPLICATION — The Town Highway Superintendent will review each completed and submitted application within 30 days. Any application may be rejected if (a) the details, specifications, or drawings are incomplete or lack specificity, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or (b) if the proposed project, work, Excavation, or Construction is or will be harmful or injurious to any Highway, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or (c) if the proposed project, work, Excavation, or Construction is not in the public interest, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or (d) if the proposed Contractor is deemed unqualified or unreliable, as determined in the sole discretion (without recourse) of the Town Highway Superintendent. SECTION 7 SECURITY AND INSURANCE — The Town Highway Superintendent shall, for each application, determine and set an amount of Security and Insurance that must be posted or provided by the Contractor prior to the issuance of any Permit. The Security shall be in such form as determined in the sole discretion (without recourse) of the Town Highway Superintendent. Once Security is posted, the amount so posted shall be available to the Town of Lansing, and for its use, at its discretion, without recourse, to cure any Default. The Insurance shall be procured, paid for and provided by the Contractor, who shall maintain general all -risk liability, completed operations, and workers' compensation insurance coverage's, each in the minimum amount of $1,000,000.00. and each such coverage or policy shall (a) name the Town of Lansing as an additional primary insured, and (b) waive any subrogation rights as against the Town of Lansing. SECTION 8 PERFORMANCE — The Contractor may only perform the work, Construction or Excavation authorized by the Permit. In performing such work, Construction or Excavation, the Contractor shall (a) preserve the roadway, the Highway, and each Appurtenant Structure from needless destruction or alteration; (b) cause the work, Excavation, Construction, backfilling, tamping, repair, and restoration to be one continuous operation that shall be completed by the earliest completion date stated in any Permit; (c) restore and repair any affected Highway and Appurtenant Structure to then current Town (or other governmental) requirements; (d) maintain at all times safe crossings, barricades, warning signs, lighting, and any and all other safety devices, structures, or procedures as may be required by law or the exercise of diligent care; (e) maintain at all times the Security and insurance coverage(s) required by any Permit; (f) perform the work, Construction and /or Excavation in such a manner, and at such times, as to not interfere with or obstruct the flow of traffic; (g) perform all backfilling and tamping with materials specified by the Town of Lansing, which materials shall be free from clay, loam or silt, and which materials shall be moistened and mechanically tamped until thoroughly compacted. SECTION 9 RESTORATION — After performance and /or completion of any work, Construction or Excavation, the Highway and each Appurtenant Structure shall be repaired and restored in a permanent manner satisfactory to the Town Highway Superintendent. To the extent possible, any repair or restoration must match the original Highway or Appurtenant Structure in type, color, structure, materials, grade, and texture, in compliance with then current applicable specifications therefor. SECTION 10 LIABILITY AND INDEMNITY — The Contractor assumes sole responsibility for the worksite, and related or adjacent areas and lands, and agrees to assume all responsibility for any injury or damage that may or does occur as a result of any Excavation or Construction. The Contractor, to the fullest extent permitted by law, shall indemnify and hold the Town of Lansing harmless from and against any, each, and all losses, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, including, but not limited to, any and all experts', consultants', attorneys' and engineering fees and expenses. 7E Continued, May 19, 2004 SECTION I 1 UTILITIES — It is the sole responsibility of the Contractor to provide prior notice to each and all utility companies, public service companies, and municipalities of the proposed work, Excavation, or Construction, and to have such company or municipality mark or otherwise identify the location or course of any underground or other utilities. No work, Excavation, or Construction shall commence until all utilities and underground appurtenances are marked and the rules and regulations of the Public Service Commission have been fully complied with. SECTION 12 INSPECTIONS — The Town of Lansing may furnish and charge for an inspection for each day that the Construction or Excavation is in process, and until the same is completed as required by any Permit and this Local Law. The inspection is made for the sole purpose of trying to verify that the materials and processes used will result in a finished job that is consistent with Town of Lansing specifications. No inspection is made for the purposes of reviewing, recommending, or verifying safety practices. The Fee for each such inspection shall be $20.00. SECTION 13 SPECIAL CONDITIONS - The Town Highway Superintendent may require that special conditions be met as (s)he deems necessary, in his or her sole discretion (without recourse), in conjunction with the work, Excavation and /or Construction to be performed on, in, or under any Highway or Appurtenant Structure. Special conditions shall be identified or referenced in any Permit issued, or in any revised Permit issued by the Town of Lansing; which such revised Permit may be issued by the Town of Lansing sua sponte. SECTION 14 DEFAULTS — Any Default shall have conclusively occurred whenever (a) this Local Law is violated; or (b) any other law, rule or regulation of any government or governmental body is violated, or (c) the Town of Lansing or the Lansing Highway Superintendent issues any notice entitled "Notice of Default ". No opportunity to cure any default is provided or implied. Upon the occurrence of any Default, the Contractor shall be deemed to have irrevocably forfeited any interest or claim in or to any Security, and the Town of Lansing shall be deemed the owner thereof, and may use such Security for any purpose related to the Contractor's Permit, including, but not limited to, the repair of any damage, the completion of the project, or the hiring of any third party to complete the project. No default, nor the completion of the project by any third party or the Town of Lansing, shall relieve the Contractor of any obligation or expense imposed tinder this Local Law, or as may otherwise be imposed by any other law or regulation. SECTION 15 OFFENSES; PENALTIES - Any Contractor or other person or entity that violates any of the provisions of this Local Law shall be guilty of an offense Punishable by a fine or imprisonment, or both; however, for the purposes of conferring jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing and at the election of the Town of Lansing, any violation of this Local Law shall subject any Contractor, person or other party to a civil penalty of not less than $100.00 and not more than $500.00 for any first violation, and to a civil penalty of not less than $250.00 and not more than $1,000.00 for any subsequent violations, with such penalties to be recovered in a civil action in the name of the Town of Lansing. The application of any sentence or penalty shall not preclude the enforced removal or prevention of any prohibited conditions or violations of this Local Law. SECTION 16 EFFECTIVE DATE — This Local Law shall be and become effective immediately. Autumn Ridge Intersection: Mr. Farkas stated that lie has been approached by a number of area residents regarding the turn onto Autumn Ridge Circle. It is very difficult to see the turn from East Continued, May 19, 2004 Shore Drive at night. The resident would like a street light placed at the intersection. After a discussion, the following resolution was made: Authorize Street Light at Autumn RidlZe Intersection: RESOLUTION 04 -082 Resolution Authorizing Street Light at the Intersection of Autumn Ridge and State Route 34 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 May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board is and has been made aware of a dangerous intersection - where Autumn Ridge intersects State Route 34; and WHEREAS, said danger is posed by the lack of adequate ambient and street lighting such that accidents have occurred and continue to occur at said intersection; and WHEREAS, the Town Board of the Town of Lansing has, in consultation with the Highway Superintendent, determined that it would be in the best interests of the citizens of the Town of Lansing to help solve this problem by erecting a street light at said intersection; and WHEREAS, to be properly placed, the said street light must be located upon property that is within the incorporated boundaries of the Village of Lansing; and WHEREAS, and after review and discussion of such proposal and the facts incident thereto, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board approves siting and erecting a street light at the intersection of Autumn Ridge and State Route 34, but subject to (1) the approval of the Village of Lansing, and (2) the future approval by this Board of the costs of the same. Julie Boles — Watercraft Ordinance: Mrs. Boles asked about the amendments to the present Ordinance. Mr. McEver stated that the time would be moved from 8:00 a.m. to 9:00 a.m. and distance would be changed from 100 feet to 500 feet. Mrs. Boles stated that she was opposed to the Ordinance from the beginning and was opposed to the proposed changes. She asked the Board to leave the Ordinance as is for one year to see how it goes before making any changes. She thanked all the people who helped with the Salt Point clean -up. Res. 04 -83 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Parks and Recreation fee schedule is hereby opened at 7:15 p.m. Carried. Res. 04 -84 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: 0 77 [`7 Continued, May 19, 2004 RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the Parks and Recreation fee schedule was closed at 7:19 p.m. Carried. RESOLUTION 04 -085 Resolution Adopting Local Law Number 3 of 2004 (Parks & Recreation User Fee Schedules) 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 May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; 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: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing had previously adopted fee schedules and allowed chargeable expenses for use of the Town of Lansing Parks and recreational facilities; and WHEREAS, the Town of Lansing has identified a need to update such schedules to recoup from users the actual costs of providing and maintaining the parks and recreational facilities; and WHEREAS, said proposed Local Law proposes to establish resident and non - resident user fees for "Town of Lansing Parks and related park and recreational facilities, specifically including fees for the use of Pavilions, Myers Park, the Myers Park Marina, and the boat launch at Myers Park; and WHEREAS, Notice of a Public Hearing was duly posted, advertised, and /or published in accord with law, and a public hearing was duly held upon May 19, 2004 at 7:15 p.m., at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject hereof had an opportunity to speak and /or present evidence in favor of or against the adoption of such proposed Local Law Number 3 of 2004, or any provision therein; and WHEREAS, after review and discussion of such proposal, and upon due consideration of all evidence and information gathered at the public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the body of the Town of Lansing, does liereb) of 2004, as set forth in its entirety below, hereby further repeals each and all prior Local Law Number 3 of 2004: Town of Lansing, in its capacity as governing pass, adopt and approve Local Law Number 3 and as a consequence hereof, the Town Board Local Laws and Resolutions in conflict with TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 3 OF 2004 PARKS & RECREATION USER FEE SCHEDULES SECTION 1: TITLE AND APPLICABILITY — The Town of Lansing hereby adopts this Local Law, to be known as the Town of Lansing "Local Law Number 3 of 2004 ". This Local Law shall apply only within the Town of Lansing, and hereby repeals any prior Local Law or Resolution inconsistent herewith. 79 Continued, May 19, 2004 SECTION 2: PURPOSE — The purpose of Local Law Number 3 of 2004 is to establish user fees for Town of Lansing Parks and Recreation Facilities. SECTION 3: FEES — The following fees apply to the facilities herein listed. If a facility is not listed, then there is no fee associated with the use thereof, but scheduling with or through the Town of Lansing Department of Parks & Recreation may still be required. A. THE PAVILIONS FEES - (a designation or description of each pavilion and its location can be�obtained from the Department of Parks & Recreation) Pavilion Size Capacity Fee Pavilion A 40' x 30' 150 persons $35.00 Pavilion B 50'x $275.00 30' 200 persons $55.00 Pavilion C 40' x 34' 150 persons $35.00 Pavilion D 48' x 36' 200 persons $55.00 Pavilion E 36' x 28' 100 persons $35.00 Pavilion F 36' x 28' 100 persons $35.00 Pavilion G 36' x 28' 100 persons $35.00 Ballfield Pavilion 150 persons $35.00 B. PARK & MARINA FEES — All uses are subject to availability. Fees are per the following schedule: Applicable Use Resident Non - Resident Park Admission (per car) $FREE $2.00 Launch Fee (per launch) $3.00 $5.00 Launch Fee (per season)* $30.00 $50.00 Dry Dock (per day) $3.00 $5.00 Dry Dock (per season) $175.00 $275.00 Camping (per night) $14.00 $14.00 *Senior Citizens Discount applies (Age 62 +)(Launch) $20.00 $40.00 SECTION 4: MYERS PARK MARINA — The following schedule sets forth user fees for the Myers Park Marina. "PIF" means if PAID IN FULL, in advance of the season, by January 31, annually. "INS" means installment payments; and the first number references a payment due date of January 31, annually; the second number references a payment due by March 31, annually. All uses are subject to availability. Non - payment by the above dates will result in the forfeiture of your boat slip(s). Any slip with electric service leased by a resident of the Town of Lansing must submit an additional $100.00 by January 31, annually. Any slip with electric service leased by a non - resident must submit an additional $150.00 by January 31, annually. "Length" refers to the length of your vessel according to its registration or title documentation. Resident Non - Resident Length PIF Fee INS Fee PIF Fee INS Fee • Up to 19' $399.00 1- $209.50 $570.00 1- $295.00 2- $199.50 2- $285.00 20' $420.00 14220.00 .$600,00 14310.00 24210.00 2- $300.00 21 $441.00 1- $230.50 $630.00 1- $325.00 2- $220.50 2- $315.00 22' $462.00 1- $241.00 $660.00 1- $340.00 24231.00 2- $330.00 23' $483.00 1- $261.50 $690.00 1- $355.00 2- $241.50 2- $345.00 24' $504.00 14262.00 $720.00 1- $370.00 2- $252.00 2- $360.00 25' $525.00 14272.50 $750.00 1- $385.00 2- $262.50 24375.00 26' $546.00 1- $283.00 $780.00 1- $400.00 24273.00 2- $390.00 27' $567.00 14293.50 $810.00 14415.00 24283.50 2- $405.00 28' $588.00 14304.00 $840.00 1- $430.00 2- $294.00 2- $420.00 29' $609.00 1-$314.50 $870.00 1- $445.00 24304.50 2- $435.00 30' $630.00 14325.00 $900.00 14460.00 2-$315.00 2- $450.00 SECTION 5: This Local Law shall take effect immediately, and the fees herein shall apply for the Calendar Year 2004, and for each subsequent year. This Local Law is and remains subject to amendment, upon public notice. MarLyaret Dill - Director of Human Services Collation: Mrs. Dill discussed with the Board, all of the opportunities the residents have through the Human Services Collation. She stated that a survey of 500 people was done and the concerns most had were: lack of food, health insurance, child care and affordable housing. She stated that they received a grant that will help people with prescriptions. She wanted to make sure the programs were being used. Mr. Shattuck stated that their site would be put on the Town's web site. Res. No. 86 RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on the proposed amendments to the Lansing Water Craft Ordi►Iance be opened at 7:30 p.m. Carried. • 01 Continued, May 19, 2004 Res. No 87 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the proposed amendments to the Lansing Water Craft Ordinance was closed at 7: 42 p.m. Carried. RESOLUTIONS O4- 088(A) through 04- 088(D) Resolutions Adopting Amendments to Watercraft Ordinance of October 8, 2003 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 May, 2004, the .following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motions for Resolutions were duly made as hereafter recited: WHEREAS, the Town Board of the Town of Lansing having previously found that it would promote and enhance public safety, and be in the best interests of the public, to reasonably regulate boats and vessels traveling upon and under the surface of Cayuga Lake within the areas of the Town's jurisdiction; and WHEREAS, the Town of Lansing adopted a Watercraft Ordinance on October 8, 2003 (Town of Lansing Ordinance Number 48), after due notice and publication; and WHEREAS, other municipalities in Tompkins County with frontage upon Cayuga Lake have also adopted watercraft ordinances, and the Town of Lansing would like to amend the Town of Lansing Watercraft Ordinance so as to seek uniformity throughout the I aters of Cayuga Lake; and WHEREAS, said proposed amendments, in general terms, propose to (1) expand the hours of operation of PWCs, (2) remove references to unlicensed operation.of PWCs within 300' of parents and guardians, and (3) extend speed zones further from the shorelines; and WHEREAS, the Town held a public hearing at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of May, 2004, at 7:30 o'clock p.m. to hear all persons interested in the subject thereof, and to consider the terms of, and adoption or amendment of, such proposed amendments; and WHEREAS, after review and discussion of each of the foregoing premises, and upon due consideration of all evidence and information gathered at the public hearing, the Town Board of the Town of Lansing duly considered each of the following Resolutions: UPON MOTION of Martin Christopher.. duly seconded that the Watercraft Ordinance be amended to provide extended from 250 to 500 feet from shore, and the Stephen Farkas — aye, Francis Shattuck — aye, Douglas aye, and Martin Christopher — aye; and the following and was duly adopted as Resolution 04 -088A: by Connie Wilcox; it was moved that the 10 mph speed zone be rote was duly called as follows: McEver - aye, Connie Wilcox — Resolution therefore passed 5 -0, RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve the following amendment to the Town of Lansing Watercraft Ordinance: M Continued, May 19, 2004 That Section 5(b) be amended to read: "10 miles per hour when between 100 feet and 500 feet from any Shoreline, dock, pier, raft, float, or anchored or moored vessel ".... UPON MOTION of Francis Shattuck, duly seconded by Douglas McEver; it was moved that the Watercraft Ordinance be amended to provide that the permitted PWC hours of operation commence at 9:00 a.m., instead of 8:00 a.m., and the vote was duly called as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted as Resolution 04 -08813: RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve the following amendment to the Town of Lansing Watercraft Ordinance: That Section 8 be amended to read any time before 9:00 a.m. ".... "No person shall operate a PWC at UPON MOTION of Francis Shattuck, duly seconded by Martin Christopher; it was moved that the Watercraft Ordinance be amended to remove and delete former Section 9(b) regarding operation by minors within 300 feet of a parent or guardian, and the vote was duly called as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted as Resolution 04 -088C: RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve the following amendment to the Town of Lansing Watercraft Ordinance: That Section 9 be amended by deleting former subsection (b) regarding permitted operation within 300 feet of a parent or guardian, and further amended by re- designating former subsections (c) and (d) as amended subsections (b) and (c). UPON MOTION of Francis Shattuck, duly seconded by Douglas that the Watercraft Ordinance be amended to provide that PWC Salmon Creek Channel to navigate to the middle areas of Cayuga to 9:00 a.m., and the vote was duly called as follows: Stephen Shattuck — aye, Douglas McEver - aye, Connie Wilcox — nay, an aye; and the following Resolution therefore passed 4 -1, and Resolution 04 -0881): McEver; it was moved operators may use the Lake and operate prior Farkas — aye, Francis d Martin Christopher — was duly adopted as RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve the following amendment to the Town of Lansing Watercraft Ordinance: That Section 8 be further amended by adding the following language after the first full sentence of said Section 8, as follows: "However, and in limitation of the foregoing, a PWC may be launched from the public boat ramp at Myers Park Marina to utilize the Salmon Creek channel to idle to the middle of Cayuga Lake, at least 1,500 feet from any Shoreline, and there operate from the later of one -half hour after sunrise or 8:00 a.m. until the earlier of one -half hour before sunset or 8:00 p.m., so long as such operation is in compliance with this Ordinance, and all other applicable laws, rules, ordinances, regulations, and the like." Each and all such amendments as incorporated into the re- stated and updated Watercraft Ordinance set forth in its entirety as follows: 83 Continued, May 19, 2004 TOWN OF LANSING ORDINANCE NUMBER 51: WATERCRAFT ORDINANCE Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake, adopted October 8, 2003, effective April 1, 2004, and amended May 19, 2004. SECTION 1. "Watercraft" shall mean any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under the surface of any water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise. SECTION 2. Personal Watercraft, or "PWC", shall mean a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner- of sitting or standing inside the vessel. SECTION 3. "Cayuga Lake ", for purposes of this Ordinance, shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not. SECTION 41 "Shoreline" shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts, but not including wharves, docks. and similar structures made, placed., or installed by any person or entity. SECTION 5. No Watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any Shoreline, dock, pier, raft, float, or anchored or moored vessel, or (b) 10 miles per hour when between 100 feet and 500 feet from any Shoreline, dock, pier, raft, float, or anchored or moored vessel, unless: (i) such vessel is being operated near such shore, dock, float, pier, raft. or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land, or such vessel is required to run at full throttle through an established course to measure the vessel's decibel level; (ii) such vessel is competing in a regatta or boat race; (iii) such vessel is a commercial vessel having a valid marine document issued by the United States or a foreign government. Continued, May 19, 2004 SECTION 6. No Watercraft shall exceed a speed of 45 miles per hour during daylight hours within 1,500 feet of any Shoreline. SECTION 7. No Watercraft shall exceed a speed of 25 miles per hour at any time after one -half hour before sunset to one -half hour after sunrise. SECTION 8. No person shall operate a PWC at any time before 9:00 a.m., or after the earlier of 8:00 p.m. or one -half hour before sunset. However, and in limitation of the foregoing, a PWC may be launched from the public boat ramp at Myers Park Marina to utilize the Salmon Creek channel to idle to the middle of Cayuga Lake, at least 1,500 feet from any Shoreline, and there operate from the later of one -half hour after sunrise or 8:00 a.m. until the earlier of one -half hour before Sunset or 8:00 p.m., so long as such operation is in compliance with this Ordinance, and all other applicable laws, rules, ordinances, regulations, and the like. SECTION 9. No person under the age of 16 years old may operate a PWC unless he or she is: (a) accompanied by an adult over the age of 18 years; or (b) ten (10) years of age or older and possesses a current and valid boating safety certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron; or (c) possesses a Captain's License or New York State Guide's License. SECTION 10. This Ordinance shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Lansing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING Mr. McEver stated that lie would bring up the issue of residents along the lake being allowed to exit from their docks at 8:00 a.m. and going straight to the center of the lake instead of having to wait until 9:00 a.m. Bert Bland — Pheasant Meadow Subdivision: Mr. Bland stated that his preliminary plan has been approved by the Planning Board and wanted to know what needed to be done before the final approval. Mr. Farkas stated that there were still issues regarding the ownership of the retention ponds. He stated that there are still a lot of unknown issues regarding the storm water regulations. Mr. Bland states that the was reluctant to move forward until he had an answer either way regarding ownership. Mr. John Bailey felt he needed more details but did not feel it would be a real liability issue to the Town if they owned it. Mr. Bland stated that the pond would usually have about an inch of water in it but that at times, it could have more. 85 Continued, May 19. 2004 Mr. McEver felt very strongly that there would need to be at least a 4' fence around the pond. Mr. Herrick felt that if a drainage district was formed, they could pay for the fence. John Bailey — Town's Insurance: Mr. Bailey passed out the proposed insurance package for the Town, which becomes due in June. He stated that the large increase was mainly due to workman's comp. As it went up $ 9,000.00 +. Mr. Bailey thanked all the employees that lie works with in the Town. Tom Liviane — Covenants for Cornell Four Lot Subdivision: Mr. Livigne asked the Board for their approval of the subdivision and the following resolution was offered: RESOLUTION 04 -089 Resolution Approving Cornell University 4 Lot Subdivision Covenants & Restrictions At a Regular Meeting of the ]'own Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Cornell University has worked with and presented to the Town of Lansing Planning Board a final Plat for the Cornell University, 4 Lot Major Subdivision, located in the Teeter /Reach Subdivision, all as shown upon a map entitled "Final Subdivision Map Showing Lands of Cornell University, located on Teeter Road and Reach Run, Town of Lansing, Tompkins County, New York ", as submitted to the Planning Board; and WHEREAS, said Subdivision proposes to incorporate Covenants and Restrictions relating to the use of the proposed subdivided land., which Covenants and Restrictions have been reviewed by the Planning Board and have been available for public review at Planning Board meetings and the Clerk's Office: and WHEREAS, § 405(B)(2) of the Subdivision Regulations of the Town of Lansing requires that such Covenants and Restrictions be approved by the Town Board prior to any final approval of the final subdivision plat; and WHEREAS, said 5 405(B)(2) further requires the Town Board to include and consider the recommendations and comments of the Planning Board; and WHEREAS, the Planning Board has submitted its recommendations to the Town Board, and recommends approval of the proposed Covenants and Restrictions; and WHEREAS, the Toxvrn Board has reviewed and duly considered the proposed Covenants and Restrictions as to be applied to the above - referenced proposed major subdivision, and had duly considered the recommendations of the Planing Board, and has duly deliberated upon the matters and issues raised hereby or set forth herein, and accordingly the Town Board of the Town of Lansing has hereby M i • Continued, May 19; 2004 RESOLVED, that the proposed covenants and restrictions as set forth in a document submitted by Cornell University, owner, entitled "Declaration of Covenants and Restrictions ", as on file with the Town Clerk and /or the Planning Board be and hereby are approved as required by § 4050)(2) of the Subdivision Regulations of the Town of Lansing. DAVE HERRICK — TOWN ENGINEER: Water District Extensions: John Young has approached Dick Platt regarding the extension of water to his property on the north side of Peruville Road. It was the consensus of the Board not to extend the district to an agricultural zoned parcel. Intermunicipal Sewer Committee: The engineer's report and approval application for the Kline -Road by -pass is complete and ready for submission to NYSDEC for review. N/layor Don Hartill has pledged to up front the full cost of the project ($126,000) with the expectation the Town will.reimburse the Bond Act grant amount ($63,750) once the sewer district is formed. MS4 Program: A meeting was held with Jason Haremza but there was little progress in the development of a draft stormwater ordinance. Hiahway Department Roof Replacement: Novelli Engineering has submitted a proposal to prepare engineer drawings, details and specifications for the roof replacement project. The Board decided to accept an agreement with Novelli Engineering, therefore the following resolution was offered: RESOLUTION 04 -090 Resolution Authorizing Supervisor to Execute Agreement with Novelli Engineering re Design Plan for Repairs to Town Barn Roof 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 May, 2004, the following members being present: Stephen Farkas; Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Corncilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has previously approved the commencement of work to repair and or replace the roof of the Town Barn due to leaks and obsolescence; and WHEREAS, the estimated costs of the same are ah-cady included in the approved Budget of the Town of Lansing for the fiscal year 2004; and WHEREAS, the Town Board previously authorized the hiring of an engineering consultant to inspect the said roof. and Novelli Engineering duly inspected the same and has set forth a proposal for the costs to develop an engineering solution for the necessary repairs thereto; and ♦ • Continued, May 19, 2004 Budget Modifications: FROM TO FOR AMOUNT A 1990.400 A5132.410 A19906400 A19404400 A8745.400 A5010.200 A 1990.400 A1220.400 Hwy. Bldg. —Fire Alarm System Purchase of Land Purchase of printer @ Highway Dept. Town Share of AES Cayuga Appraisal Fee Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Dou() McEver, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approve Minutes: Res. 04 —93 5,443.55 2,000.00 198.97 5,000.00 A copy of the Minutes of March 17`f', April 21" and May 4th, 2004, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION; offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the minutes of'M arch 17th April 21St and May 4th are hereby approved as submitted. Carried. Mrs. Wilcox excused herself for the following resolution. RESOLUTION 04 -094 Resolution Increasing Salary of Patrick Tyrrell, Grade 4 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 1 -fall on 19th day of May, 2004, the following members being present: Stephen Farkas; Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and Connie Wilcox having excused herself due to a conflict of interest, and having removed herself from the Board Table for the entire time the matter was under consideration by the remainder of the Board; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS; Patrick Tyrrell is a permanent employee of the Town of Lansing, working as a Recreation Supervisor for the Town of' Lansing, Department of Parks & Recreation, a Grade 4 Civil Service Employee; and WHEREAS, Patrick Tyrrell recently passed the Civil Service Exam for his position, and as a result thereof, the Town of Lansing Personnel Committee reviewed Patrick Tyrrell's exemplary job performance, increased duties and responsibilities, and salary structure and, upon the recommendation of Steve Colt, Department Head of the Town of Lansing 99 Continued. May 19, 2004 Department of Parks & Recreation; the Personnel committee recommends that Patrick Tyrrell be raised within Grade 4 from a pay rate of $13.18 per hour to 14.31 per hour; and WHEREAS, the Town Board of the Town of Lansing has duly deliberated upon the recommendations of the Department Head and the Personnel Committee, and accordingly, the Town Board of the Town of Lansing has hereby RESOLVED, that Patrick Tyrrell be increased 2 steps within the wage and salary structure of Grade 4 Civil Service Employees, and accordingly, that his pay be raised from $13.18 per hour to $14.31 per hour, effective immediately upon the commencement of the next pay period. Public Hearing — Public Access to Records for the Town of Lansing: RESOLUTION 04 -095 Resolution Establishing Public Hearing for the Consideration of Proposed Local Law 4 of 2004. Public Access to Records of 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 May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly, made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas —_aye, Francis Shattuck — aye, Douglas IV(cEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing believes that it is in the best interests of the Town of Lansing and its citizens to enjoy the benefits of an open and visible government; and WHEREAS, the Public Officers Law of the State of New York requires that all subdivisions of the State of New York adopt procedures to implement the New York Freedom of hrformation Law (FOIL): and WFIEREAS, the Town of Lansing wishes to update and memorialize its FOIL procedures and thus propose a Local Law that will; inter alia, (1) designate a Records Access Officer, and duties therefor, (2) establish a system for the obtaining of copies of governmental records, (3) identify procedure for missing, lost, or destroyed records, (4) provide for a place where records will be produced upon request, (5) create subject matter lists to assist citizens who seek: public records under FOIL, (6) provide procedures for the denial oil ' access to records under FOIL, (7) set forth appeals procedures for any aggrieved citizen who does not obtain access to desired records, (8) identify photocopying and other fees, and (9) provide for public posting of Lansing FOIL information; and WFIEREAS, the Town now desires to call a public hearing to hear all persons interested in the subject thereof, and to consider the terms of; and adoption or amendment of, such proposed ordinance; and WHEREAS; after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein; the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of June, 2004, 87 Continued, May 19. 2004 WHEREAS, the Novelli Engineering Agreement \vas set before the Board for review at this meeting, and the terms of the same were reviewed and approved by the Attorney for the Town, the Town Engineer, and the Town Highway Superintendent; and WHEREAS, as the Town Board desires that the work promptly progress, and the Town Board having reviewed and approved the said Agreement, and after review and discussion of such proposal and the facts incident thereto, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor, Steve Farkas, be and hereby is authorized to execute the Novelli Engineering Agreement (dated May 11, 2004) by and on behalf of the Town of Lansing. JACK FRENCH — HIGHWAY SUPERINTENDENT: Brush Pick-up: Mr. French stated that the brush and limb pick -up was lighter than in the past but still quite costly. He stated that it cost $ 21,682.00 for the Town and $ 5,736.00 for the Village. Stone and Gravel Roads: They will be done with this process tomorrow. Building Foundation for new Historical Building: The Highway Department is working on this and will soon be finished with the foundation. DICK PLATT — CODE ENFORCEMENT OFFICER: Monthly Report: Mr. Platt stated that they had a good month and were up in the number of permits by 7 and up in project costs by $ 1,790,299.58. Consolidating three Town Parcels: Mr. Platt felt it would be a good idea to consolidate the parcels where the Town Hall, Library and the Community Center are. The Board agreed and Mr. Platt will look into this. ZBA Meeting: A ZBA meeting was held last night and the Board approved a use variance for Carl Robbins at 83 Auburn Road to go from a 2 family residence to a 3 family. The Board disapproved an area variance for Bianca Indelicato at 29 Maple Drive to place a shed on the side border of their property. Targosh Windmill: Mr. Platt has had one complaint on the windmill but he felt it fit in pretty well. He stated that the height of the windmill was not measured before it was erected. This will have to be measured in the near future. Approve Charmagne Rumgay to the Principal Account Clerk Typist in the Supervisor's Office. i• • Continued, May 19, 2004 RESOLUTION 04 -091 Resolution Provisionally Hiring Charmagne Rumgay, Grade 4 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 May, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was drily made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board had previously interviewed for a posted and advertised full time position duly created; and W(- IEREAS, said position, Principal Account Clerk Typist, in the Supervisor's Office, was sought to be filled after rounds of interviews; and WHEREAS, an acceptable and qualified candidate was located, and said candidate, Charmagne Rumgay, was listed as number 1 on the Civil Service waiting list for this position, and is therefore proposed to be provisionally hired to fulfill such job requirements; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that said Charmagne Rumgay be and hereby is approved to be provisionally employed as a Town of Lansing Grade 4 Civil Service Employee, as a Principal Account Clerk Typist, in the Supervisor's Office, with such employment to commence May 24, 2004 at the rate of $14.89 per hour. Ludlowville Park Proiect: Mr. Farkas stated that the Ltudlowvil le Park project is really nice and urged the Board Members to check it out. Audit Approval: Res. 04 — 92 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: Audited Vouchers: 389 — 487 Prepaid Vouchers: 389 — 396 FUND TOTAL APPROPRIATIONS General Fund 745102.68 Highway Fund 795725.02 Lansing Lighting Districts 15252.86 Lansing Water Districts 8,588.87 Cheri-N/ Road Sewer 203.54 Better [-lousing For TC(CD) 45465.36 Trust and Agency 300.00 91 Continued, May 19, 2004 at 7:05 o'clock P.M., to consider the aforesaid Local Law and to hear all persons interested in the subject thereof, aricl to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the "Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the whole of the proposed Local Law Number 4 of 2004 be deemed incorporated herein and spread upon (or appended to) these Minutes, and further that a copy thereof be maintained for public review at the Office of the Town Clerk. Set Public Hearing for unsafe buildings: RESOLUTION 04 -096 Resolution Establishing Public Hearing for the Consideration of Proposed Local Law 5 of 2004 - Unsafe Buildings 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 1 -lall on 19th day of May, 2004, the following members beings present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Dou�Olas MCFVer, Councilperson; Connie Wilcox Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; 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: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McFver - aye, Connie Wilcox — aye, and Martin Cllristopller — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WI- IFRFAS, the "Town Board of the Town of Lansing believes that it is in the best interests of the Town of Lansing and its citizens to regulate and control unsafe, abandoned, hazardous; dilapidated or derelict buildings and structures (collectively "Unsafe Buildings "); and WHEREAS, the Town Board of the Town of Lansing believes that clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens; and WI- II-REAS, an Unsafe Building can constitute a hazard to property and persons, can be a public nuisance, can be highly flanimable and sometimes explosive, and can constitute attractive nuisances to children and certain adults; and WHEREAS, the Town Board of the Town of Lansing has determined that the presence of Unsafe Buildings is injurious to the public welfare, unsightly, and tends to detract from the value ol'sLn-roLInding properties; and WHEREAS, the Town Board of the Town of Lansing proposes consideration of Local Law #5 of 2004 (Unsafe Buildings), which Local Law proposes to, inter alia, (1) provide for a definitions of emergencies, enforcement officers, hazardous buildings, owners, unsafe buildings; (2) make unsafe buildings illegal; (3) empower the enforcement officer to order the vacation of unsafe and /or hazardous buildings; (4) provide for notice and hearing procedures concerning unsafe buildings; (5) provide the enforcement officer with special pov.vers for imminent or immediate dangers and emergencies; (6) provide for the condemnation of buildings and structures; (7) provide for the filing of notices that can affect title to affected real property; (8) allow the Mown to repair, remove, or remediate and unsafe building at the owners expense; (9) allow the Town to charge certain costs of remediation 92 Conrinued; May 19, 2004 or removal, and surcharges thereupon; to the owner(s) through tax bills and liens; (10) to provide the Town with the authority to seek all injunction; (11) to provide for appeals and CPLR Article 78 proceedings; (12) to regulate demolition and removal by permits; (13) to require. in certain cases; bonding or other security for job completion; (14) to require insurance and indemnity in favor of the 'Down by those undertaking remedial or removal work; (15) to define the orderly progress of demolition or removal work; (16) to provide for penalties for violation of the proposed Local Law, including (i) a civil monetary penalty of up to $250.00; (ii) a criminal monetary penalty upon conviction of an offense of up to $250.00; and to provide for continuino fines and penalties for each subsequent or continuing violation; (17) to provide for waivers in certain circumstances; (18) to limit the sovereign liability of the Town of Lansing; and (19) to provide for an immediate effective date; and WI- 11= AREAS. the Town now desires to call a public hearing to hear all persons interested in the subject thereof, and to consider the terms of, and adoption or amendment of, such proposed ordinance; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing Road, Lansing, New York, being in at 7:15 o'clock P.M., to consider interested in the subject thereof, ce permitted by law; and it is further will be held at the Lansing Town Hall, 29 Auburn the Town of Lansing, on the 16th day of June, 2004, the aforesaid Local Law and to hear all persons Ind to take such action thereon as is required or RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the oi�ticial newspaper of the "Down of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. RESOLVED, that the whole of the proposed Local Law Number 5 of 2004 be deemed incorporated herein and spread upon (or appended to) these Minutes, and further that a copy thcreol'be maintained for public review at the Office of the Town Clerk. Board Member Reports: MARTY CHRISTOPHER: Personnel Committee: The Personnel Committee met with a representative from Blue Cross /Blue Shield today and looked over a (lumber of different options. The committee will look them over and decide what additional option(s) to offer to the employees. CONNIE WILCOX: Assessment Review Board. Mrs. Wilcox stated that about 14 people showed up to grieve their assessments. "I'hc Hoard recommended that four parcels be looked over again for further review. Mrs. Wilcox felt that the people need to be better prepared when they come to the assessment review and that the Town needs to let them know how to do this. Community Development Grant: Tilis is going ve lix up their houses. She aur ]I at a later time for -y well and the people that need the money are getting it to help felt this was a very good program and should be looked into others that could use it. 93 Continued. May 19, 2004 Lansing Housing Authority: Still talking about adding another 40 units. A more up scale project is being looked into but she did not feel there were enough amenities in the area to support it. "IThcy are waltlno to see what will happen with the proposed sewer plans before deciding. Bolton Point: Mrs. Wilcox and Mr. Farkas attended the ground breaking for the new addition last week. Lansin(3 Fire Department: The new truck was delivered. "I "he Carnival will take place May 27 —291h, 2004. Mrs. Wilcox stated that members of the fire department have approached her concerned that maybe the department is over pricing what has to be done to be a volunteer. She stated that an uncertified driver is not allowed to drive a truck in Lansing. She stated that they are still looking to purchase land in the Village for a new Station but will do nothing until the land they already have is sold. DOUG MCEVER: XV12C: Not much is going on at this time. It has been recommended to the County that they do nothinu about the lake until all municipalities agree with each other. Historical Building: The material will be picked up in the next few weeks. The pad could be poured on June 5"' if everything goes well. On .June 1'', we will find out if we will receive the historical grant worth $ 97.000.00. BUD SHATTUCK, Court Clerk's working overtime: He stated that the Court Clerk's are behind in their work and that the Judges have approved overtime for them to get caught up. There will be a deadline set for them to catch up. It was the consensus of the Board to only allow the overtime to be worked during the normal Town Hall Office hours. which are Monday through Thursday between 7:30 a.m. and 4:00 p.m., and on Friday's between 7:30 a.m. and noon. No Saturday or Sundaw hours will be allowed. Louise Bement: Mr. Shattuck stated that he would like to send Mrs. Bement a certificate of appreciation for all of her hard worl: as the "town Historian. The Board agreed with him. STEVE FARKAS Municipals Officer's Meeting: Said Meeting was Held last night and Mr. Farkas felt it was a very good meeting. There were a lot of concerns about the new voting machines brought up. He felt there is a lot going on in the County level that is not being transmitted to the towns. He felt making decisions should be shared and will look into getting more involved. Continued, May 19, 2004 Res. 04 —97 Adjournment of Meeting: RESOLUTION; offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the meeting be adjourned at the call of the Supervisor at 9:52 p.m. Carried.