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HomeMy WebLinkAbout2004-06-1695 REGULAR TOWN BOARD MEETING JUNE 169 2004 1. Call Meeting to order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing (7:05 p.m.) Access to records 56 Martin Ottenschot 6. Public Hearing (7:15 p.m.) Unsafe Buildings 7. Privilege of the floor 8. Empire Zone 90 Engineer's Report 10. Code Enforcement Officer's Report 11. Highway Superintendent's Report 12. Set Public Hearing 13. Computer problems /options /resolutions 14. Approve Audit 15. Approve Minutes of May 19, 2004 16. Board Member Reports 17. Executive Session if needed 18. Adjourn Meeting FlO June 16, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. on June 16, 2004 with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. Stephen Farkas Marty Christopher Doug McEver Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present The Supervisor lead all present in the Pledge of Allegiance. VISITORS: Dick Platt, Dave Herrick, Martin Ottenschot, Sheila and Charles Nedrow, Nino Lama, Robert Bland, Rachel Jacobsen, George Frantz, Parker Melvin and Tony Hall from the Lansing Ledger, Public Hearing on Local Law No. 4 of the Year 2004: 04 -98 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on proposed Local Law Number 4 for the Year 2004 is hereby called to order at 7:05 p.m. Carried. Mr. Krogh explained the FOIL (Freedom of Information Law) to all present. 04 -99 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, That all persons desiring to be heard, having been heard and no one voicing any objections, the Public Hearing was closed at 7:07 p.m. Carried. RESOLUTION 04 -100 Resolution Adopting 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 16th day of June, 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 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 having found that it would promote and enhance public confidence in local government, and be in the best interests of the public, to set -97 Continued, June 16, 2004 forth rules pertaining to public access to certain governmental and public records, in accord with the New York State Freedom of Information Law ( "FOIL "); 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 June 16, 2004 at 7:05 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, 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 any prior public access to records or FOIL Resolution, Local Law or Ordinance be and is hereby repealed; and it is further 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 4 of 2004, as set forth in its entirety below: TOWN OF LANSING LOCAL LAW NUMBER 4 OF 2004 PUBLIC ACCESS TO RECORDS OF THE TOWN OF LANSING The Town Board of the Town of Lansing, New York, pursuant to a Resolution dated June 16, 2004, does hereby pass a local law as follows: Section 1. Authority This Local Law is adopted pursuant to the authority granted in the Municipal Home Rule Law, Section 130 of Town Law, and in accord with the requirements of the Public Officers Law, and regulations promulgated thereunder. Section 2. Title This Local Law shall be known as "Local Law Number 4 of 2004 ", or as more commonly used, the "Town of Lansing FOIL Law ", Section 3. Purpose and Scope The people's right to. know the process of government decision - making, and the documents and statistics leading to determinations, is basic to our society. These regulations provide information concerning the procedures by which records may be obtained. Town personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law. Any conflicts among laws governing public access to records shall be reasonably construed in favor of disclosure. Section 4. Designation and Duties of Records Access Officer The Town of Lansing is responsible for insuring compliance with the regulations herein. The Town designates the Town Clerk as the Town's records access officer (herein "RAO "). The RAO is responsible for insuring appropriate agency response to public requests for access to records. The RAO shall insure that Town personnel: (a) maintain an up -to -date subject matter list; and (b) assist the requester in identifying requested records, if necessary; and (c) upon locating the records, take one of the following actions: (i) make records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reasons therefor. R Continued, June 16, 2004 Section 5. Copies Upon receipt of a request for copies of records the RAO shall make copies available upon payment of established fees set in accordance with Section 12, below. Records may not be removed from the building. Upon request, the RAO shall certify that a record is a true copy. Section 6. Lost, Missing, or Destroyed Records Upon any failure to locate or produce any requested records, the RAO shall either certify that the Town of Lansing is not the custodian for such records, or that the records of which the Town of Lansing is a custodian cannot be found after diligent search. Section 7. Location for Production of Records Records shall be available for public inspection and copying at the Office of the Town Clerk, 29 Auburn Road (State Route 34), Lansing, New York, during regular office hours. Section 8. Requests for Public Records Written requests for records are required. The records must be identified or described with sufficient particularity so as to allow the RAO to locate and identify the records sought. "Sufficient particularity" generally includes information regarding applicable dates, file designations, and the Town office, officer, or body that made such record, and /or similar identifying information. A response shall be given regarding any request reasonably describing the record or records sought within 5 business days of receipt of the request. If the RAO does not provide or deny access to the record sought within 5 business days of receipt of a request, the RAO shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. Section 9. Subject Matter Lists The RAO shall maintain a reasonably detailed current whether or not records are available for public review pui Law, and related laws, rules and regulations. The subject so as to assist in the identification of the category of the shall be updated not less than annually. The most recent the subject matter list. list by subject matter of all records, Asuant Section 87 of the Public Officers matter list shall be sufficiently detailed record sought. The subject matter list update shall appear on the first page of Section 10. Denial of Access to Records Each denial of access to records shall be in writing and shall state the reason for such denial. The denial letter must advise the requester of the right to appeal to the person or body established to determine appeals. Some of the principal reasons for denial are set forth in Public Officers Law Section 87(2). Section 11. Appeals The Town Supervisor is hereby designated as the person who shall determine appeals regarding denial of access to records under the Freedom of Information Law. The time for deciding an appeal shall commence upon receipt of a written appeal identifying: (a) the date of the appeal; and (b) the date of the request for records; and (c) the records to which the requester was denied access; and (d) so far as known, the reasons for the denial of access to the requested records; and (e) whether the denial of access was in writing or due to failure to provide records promptly; and (f) the name and return address of the requester. The Town Supervisor shall inform the appellant- requester of a decision in writing within 10 business days of receipt of an appeal. The Town Supervisor shall transmit to the New York State Committee on Open Government copies of all appeals upon receipt of appeals. The Town Supervisor shall inform the appellant and the New York State Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. Section 12. Fees There shall be no fee charged for the inspection of records, the search for records, or any certification pursuant to this Local Law. Fees will be charged for copies as follows: (a) copies not exceeding 9 by 14 inches -- $.25 per page; (b) copies larger than 9 by 14 inches -- $1.00 per page. M P, Continued, June 16, 2004 Section 13. Public Notice A notice containing (a) the title or name and business address of each RAO and each appeals person or body, and (b) the location where records can be seen, shall be posted in the Town Clerk's Office, similar to the following: PUBLIC NOTICE YOU HAVE A RIGHT TO SEE PUBLIC RECORDS The amended Freedom of Information Law, which took effect on January 1, 1978, gives you the right of access to many public records. The Town of Lansing has adopted regulations governing when, where and how you can see public records. According to these regulations, records can be seen and /or copied at the Office of the Town Clerk, 29 Auburn Road, Lansing, New York 14882. The following officials will help you to exercise your right to access: Office of the Town Clerk, 29 Auburn Road, Lansing, New York 14882 If you are denied access to a record, you may appeal to the following person(s) or body: the Office of the Town Supervisor, 29 Auburn Road, Lansing, New York 14882." Section 14. Severability If any provision of these regulations or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances. MARTY OTTENSCHOT, Mr. Ottenschot was represented by his Lawyer, Nino Lama who approached the Board and explained that Mr. Ottenschot has two judgements against him and was asking for relief of them from the Town Board. The two judgements total approximately $ 4,000.00. Mr. Lama explained that Mr. Ottenschot was willing to pay $ 300.00 to the Town of Lansing to close out the judgements. The Board felt this issue needed to be discussed before a decision could be made. Mr. Farkas stated that he was upset that Mr. Ottenschot was going to the work places and homes of the Board Members, Mr. Lama stated for the record that Mr. Ottenschot would have no further contact with the Board Members or their families at home or at work. Mr. Ottenschot agreed to this. Mr. Farkas stated that the Board would have an answer to Mr. Ottenschot's offer at the July 21, 2004 meeting. Bert Bland — Pheasant Meadow Subdivision: Mr. Bland asked the Board to approve his deed restrictions, as this needs to be adopted by the Town Board before his final plat approval, which is scheduled to take place at the Planning Board meeting on July 12, 2004. He also stated that Dave Herrick needed to get his design of the water pressure booster system to John Anderson before July 12, 2004 as his final approval is contingent upon Health Department approval and Mr. Anderson, from the Health Department will need this information before giving his approval. The ownership of the pond also needs to be resolved before the 12`h of July. Mr. Shattuck stated that the Board might be discussing one or more of the issues later in the meeting. 04 -101 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: 100 Continued, June 16, 2004 RESOLVED, that the Public Hearing on Proposed Local Law No. 5 of the Year 2004 is hereby opened at 7:15 p.m. Carried. Mr. Krogh explained the purpose of the proposed unsafe building Local Law to all present. 04 -102 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard and no one voicing any objections, the Public Hearing was closed at 7: 21 p.m. Carried. RESOLUTION 04 -103 Resolution Adopting 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 Hall on 16th day of June, 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 Douglas McEver, 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 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 WHEREAS, an Unsafe Building can constitute a hazard to property and persons, can be a public nuisance, can be highly flammable 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 of surrounding properties; 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 June 16, 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, 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 101 Continued, June 16, 2004 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 5 of 2004, as set forth in its entirety below: TOWN OF LANSING LOCAL LAW NUMBER 5 OF. 2004 UNSAFE BUILDINGS The Town Board of the Town of Lansing, New York, pursuant to a Resolution dated June 16, 2004, does hereby pass a local law as follows: Section 1. Authority This Local Law is adopted pursuant to the authority granted the Town of Lansing in Section 10 of the Municipal Home Rule Law and in Section 130(16) of Town Law, Section 2. Title This Local Law shall be known as the "Town of Lansing Unsafe Buildings Law." Section 3. Purpose of the Unsafe Buildings Law By adoption of this Local Law, the Town of Lansing declares its intent to regulate and control unsafe, abandoned, hazardous, dilapidated or derelict buildings and structures (herein "Unsafe Buildings ", as defined in Section 5, below). The Town of Lansing hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that Unsafe Buildings can constitute a hazard to property and Persons and can be a public nuisance. Unsafe Buildings may be highly flammable and sometimes explosive. Unsafe Buildings can constitute attractive nuisances to children and certain adults. The presence of Unsafe Buildings is injurious to the public welfare, unsightly, and tends to detract from the value of surrounding properties. Section 4. Prior Existing Unsafe Buildings Ordinances or Local Laws This Unsafe Buildings Local Law shall replace and supersede any and all prior existing Unsafe Buildings Ordinances or Local Laws of the Town of Lansing, if any, except that this Local Law shall not repeal any building codes or regulations that may address building safety issues. Section 5. Definitions For the purpose of this Local Law, the following words and phrases shall have the meaning ascribed to them in this section. Emergency: A determination by the Enforcement Officer of a condition in a Hazardous Building that presents an imminent or immediate danger to the life, health, or safety of any Person. Enforcement Officer.- Any Person appointed by the Town Board of the Town of Lansing to represent the Town of Lansing in particular matters pertaining to this Local Law, Hazardous Building.- Any Unsafe Building that presents or poses an imminent or immediate danger of failure or collapse, or an imminent or immediate danger to the life, health, safety or welfare of any Person. A single building or Structure can be both a Hazardous Building and an Unsafe Building, and all Hazardous Buildings are and shall be deemed Unsafe Buildings. Owner: Any person or entity that owns or holds any interest in fee to real property as shown by the records of the County Tax Assessor. Owner's Address: An Owner's mailing or residence address as shown by the records of the County Tax Assessor. 102 Continued, June 16, 2004 Person: Any individual, firm, partnership, association, corporation, company, or entity or organization of any kind. Town of Lansing: Unless otherwise specified, means the Town Board of the Town of Lansing, all elected officials, all employees, all committees and committee members, the Enforcement Officer, the Town Justice Courts, its Judges, clerks and employees, and all agents of the Town. Unsafe Building: Any building or structure which (i) is abandoned, dilapidated, derelict, structurally unsafe, or unsanitary, or (ii) constitutes a fire hazard, or (iii) is not provided with sufficient means of egress or exits in the case of a fire, or (iv) is otherwise dangerous to human life, or (v) which constitutes a hazard to safety or health by reason of inadequate maintenance, infestation, dilapidation, obsolescence or abandonment. Section 7. Unsafe Buildings are Illegal All Unsafe Buildings are hereby declared to be illegal and shall be abated by repair or demolition in accordance with the provisions of this Local Law. Section 8. Enforcement Officer's Authority to Order Evacuation The Enforcement Officer shall have the authority to order the immediate evacuation of any Unsafe Building. The Enforcement Officer shall order the immediate evacuation of any Hazardous Building. Section 9. Notice and Hearing Procedure Concerning Unsafe Buildings Whenever the Enforcement Officer shall determine that any building or structure, or portion thereof, is an Unsafe Building, the Enforcement Officer shall cause service of notice upon the Owner either personally or by registered mail to the Owner's Address. If service is made by registered mail, the Enforcement Officer shall cause the posting of a copy of such notice on the premises. Such notice shall be called and labeled as a "Defective Conditions Notice" (herein abbreviated as "DCN "). Such DCN shall contain (a) a brief description of the premises, and for this purpose a street address is sufficient, and (b) a statement of the particulars concerning the Enforcement Officer's determination that the building or structure is an Unsafe Building, and (c) an order of the Enforcement Officer requiring the Unsafe Building to be repaired or removed, and (d) the time within which the Owner shall commence the repair or removal of such Unsafe Building, and (e) the time within which the Owner shall complete the repair or removal of such Unsafe Building, and (f) a date by which the Owner may object to the notice, which objection(s) shall be deemed to be a request for a hearing, and (g) a time and place for a hearing, if an objection is filed, to be held between 5 and 20 days after the objection is filed, before the Town of Lansing Justice Court, and (h) if a Hazardous Building, and order of the Enforcement Officer to all Persons requiring that they immediately vacate the Hazardous Building. Section 10 Hearings. In the event of an Emergency, the hearing date may be accelerated by order of the Town of Lansing Justice Court, which such order may be granted ex parse upon a showing of good cause by any party. At any civil hearing under this Local Law, except those arising pursuant to Section 28 hereunder, the initial burden of proof shall be upon the Town of Lansing, which shall be required to show by a fair preponderance of the evidence that the building or structure is an Unsafe Building, a Hazardous Building, or that an Emergency exists. If that burden is met, the Owner, or other aggrieved Person, may rebut the Town of Lansing's showing by the introduction of evidence that establishes by a fair preponderance of the evidence that the building or structure is not an Unsafe Building, Hazardous Building, or that an Emergency does not exist. At any criminal hearing or trial, the Town of Lansing shall have the burden of proof to show, beyond a reasonable doubt, that any Person charged with a violation of this Local Law violated any one or more terms or requirements of this Local Law. The rules of the court or agency, which conducts the hearing, shall apply to such hearing, except that no party has any right to depose or propound interrogatories to any other party or witness. 6. 103 Continued, June 16, 2004 Section 11. Imminent or Immediate Dangers If the Enforcement Officer finds that an Unsafe Building is a Hazardous Building, the Enforcement Officer shall post a copy of the DCN upon such Hazardous Building. No Hazardous Building may be occupied, nor may a Hazardous Building be re- occupied until each and all unsafe and hazardous conditions are remediated. In addition to posting the DCN, the Enforcement Officer shall cause the following to be posted at each entrance to a Hazardous Building that is found to pose an imminent or immediate danger: CONDEMNED: THIS BUILDING IS HAZARDOUS AND UNSAFE. ENTRY, USE, AND OCCUPANCY OF THIS BUILDING HAVE BEEN PROHIBITED BY THE TOWN OF LANSING. Such notice shall remain posted until all required repairs are made or demolition of the Hazardous Building is completed. It shall be unlawful for any Person to remove such notice without written permission of the Enforcement Officer, or for any Person to enter a Hazardous Building except for the purpose of evaluating the building condition, making the required repairs, or to demolish such Hazardous Building. Further, if the Enforcement Officer determines that an Emergency exists in relation to such Hazardous Building, the Enforcement Officer is also hereby empowered, but not required, to (a) enter any such premises for the purposes of inspection and investigation, (b) promptly cause any Hazardous Building or portion thereof to be made safe or removed, (c) order the vacation of adjacent structures, and (d) protect the public by appropriate barricades or such other means as may be necessary, including the closure of public or private ways. Section 12. Filing of the Notice The DCN may also be filed in the office of the County Clerk, which notice shall be filed by the Town of Lansing in the same manner as a Notice of Pendency pursuant to Article 65 of the Civil Practice Law and Rules (herein "CPLR "). The DCN shall have the same effect as a Notice of Pendency as therein provided, except as otherwise provided in this Local Law. A DCN so filed shall be effective for a period of 1 year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Board of the Town of Lansing. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order canceling the DCN. Section 13. Removal or Repair by the Town; Costs of Same Upon notification given by the Enforcement Officer to the Town Supervisor that an Owner has failed or refuses to repair or demolish any Unsafe Building, the Town Supervisor shall cause the repair or removal of the Unsafe Building. After the work has been completed, the Town Supervisor shall file in the office of the Town Clerk a verified statement (herein, the "Verified Statement ") of all the direct costs of the same, together with a 50% surcharge as compensation to the Town of Lansing for administering, supervising and handling said work in accord with the provisions of this Local Law. Any Person aggrieved by the filing of a Verified Statement may file an objection thereto and request a hearing to determine the actual or reasonable costs of such removal or repair by the Town of Lansing. Such objection must be filed within 10 days of the filing of the Verified Statement by the Town Supervisor, Section 14. Assessment and Lien Upon receipt of the Verified Statement prepared pursuant to Section 13, the Town Clerk (a) shall enter the same in the records of the Town Clerk as a lien against the premises, and (b) shall add the same to the next assessment roll of general Town taxes, and (c) shall collect and enforce the assessment in the same manner, by the same proceedings, at the same time, and under the same penalties as the general Town tax, and as a part thereof. Section 15, Other Remedies Notwithstanding any provision herein to the contrary, the Town of Lansing may, at its election, institute suit against the Owner of said premises for the direct costs and the 50% surcharge, and enter judgment thereupon against any Owner. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the Town of Lansing to otherwise collect the cost of the removal or repair of any Unsafe Building as herein prescribed. 104 Continued, June 16, 2004 Section 16. Transfer of Title by Owner A transfer of title (or any interests therein) by the Owner shall be no defense to any proceeding under this Local Law. No assignment of any obligations imposed by this Local Law shall be a defense to any proceeding under this Local Law. Section 17. Appeals Any Person ordered to repair, remove, or vacate any Unsafe Building who disagrees with the DCN (or other determination of the Enforcement Officer) may appeal to the Town Board of the Town of Lansing by filing a written statement setting forth the reasons for such appeal. Such appeal must be filed within 10 days of service of the DCN (or other order of the Enforcement Officer) upon such Person. Upon receipt of such appeal, the Town Board of the Town of Lansing shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify or annul the action of the Enforcement Officer. Section 18. Demolition or Removal Before the demolition or removal of any Unsafe Building is commenced, a Demolition Permit Application (herein "DPA ") shall be prepared by the Owner, or the Owner's architect, builder or contractor, on forms available from the Enforcement Officer. A processing fee of $20.00 must accompany each DPA. All information requested in such form must be provided before the DPA is deemed completed. The DPA shall be filed with the Enforcement Officer at least 20 working days before the proposed demolition or removal, except in the case of Hazardous Buildings, which shall require that a DPA be filed as soon as possible. If a DPA is approved by the Enforcement Officer, the Enforcement Officer shall issue a Demolition and Removal Permit (herein "DRP "). All work must be completed within the time stated upon the DRP. All DRP's are valid only until the date stated on the face of the DRP. Upon expiration of a DRP prior to the completion of the demolition or removal of an Unsafe Building, a new DPA shall be filed, and a new DRP must be issued before the continuation of any work. No DPA or DRP shall be required for single -story non - occupied structures consisting of less than 100 square feet of total floor space, such as sheds. Section 19. Bond, Security, or Other Undertaking Before any DRP is issued and before making any repairs pursuant to a DCN, and when required by the Enforcement Officer, a performance bond, money, or another undertaking in a form approved by the Enforcement Officer, in an amount sufficient to complete all proposed or necessary operations, shall be required. The determination as to whether to require any undertaking, and in what amount or form, shall be at the sole discretion of the Enforcement Officer, without recourse. The Enforcement Officer may require additional sums to be posted, paid, or bonded as may be necessary from time to time to ensure adequate financial security for the completion of the work. Section 20. Insurance Before any DRP is issued and before making any repairs pursuant to a DCN, and prior to the commencement of any work thereunder, the Owner and all Person(s) engaged in the work of demolition or removal shall file proof of insurance for all operations with the Enforcement Officer, including proof of public liability, personal injury, and property damage insurance or coverages, which insurance shall also contain general all -risk coverage. Such insurance policy or policies shall provide (a) for a minimum coverage of not less than $1,000,000.00 per person per incident, and (b) that the Town of Lansing be named an additional primary insured, and (c) that the Town of Lansing be required to be notified at least 30 days prior to any change of coverage, change in endorsements, or cancellation of coverage. All insurance coverages and policies shall be subject to the approval of the Enforcement Officer prior to the issuance of any DRP. Section 21. Indemnity The Owner and each Person working upon any demolition or removal work, including all Persons acting in furtherance of the performance of any work pursuant to or under any DRP, shall indemnify and keep and save harmless the Town of Lansing from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which 105 Continued, June 16, 2004 may accrue against or be charged to or recovered from the Town of Lansing from or by reason of or on account of accidents to Persons or damage to property during any operations and from or by reason of or on account of any thing done under or by virtue of any DRP granted for any such operations. This indemnity provision shall be construed and applied to the maximum extent permitted by law. Section 22. Progress of Demolition Work In demolishing any building or structure, or any part thereof, story after story shall be completely removed in a sequential manner commencing with the roof, and then the top floor, and moving to the next lower floor, etc., unless such building is demolished in a single phase through the lawful and properly permitted use of explosive or implosive devices. No material shall be placed upon a floor of any building in the course of demolition, and the bricks, timbers and other parts of each story shall be lowered to the ground immediately upon displacement. All material to be removed shall be properly wet to lay the dust incident to its removal. All demolition and removal work shall be undertaken with a diligent regard to and a diligent application of all applicable safety standards, rules, laws and regulations, in accord with the safest practice and customs in such industry. Section 23. Penalties Any Person who shall violate any of the provisions of this Local Law shall be guilty of an offense and subject to a fine not more than $250, or by a civil penalty of two Hundred Fifty Dollars $250 to be recovered by the Town of Lansing in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. Section 24. Injunction/Equitable Relief In addition to the provided fines and/or penalties stated in § 23 above, the Town of Lansing may also commence and maintain an action or proceeding in the name of the Town of Lansing in a court of competent jurisdiction to compel compliance with or restrain by injunction (or other equitable relief) the violation of any provision of this Local Law. Section 25. Waivers Where the Town of Lansing finds that due to special circumstances of the particular case, a waiver of certain provisions of this Local Law is justified, then a waiver may be granted by the Enforcement Officer. No waiver shall be granted, however, unless the Town Board of the Town of Lansing finds, and records in its minutes, that: (A) Granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; and (B) There are special circumstances involved in the particular case, and such circumstances are recited in the minutes; and (C) Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self - imposed; and (D) The waiver is to the minimum degree necessary and does not interfere with the purposes of this Local Law. Additionally, the Town Board of the Town of Lansing and/or the Enforcement Officer may state terms and conditions applicable to the waiver, including conditions precedent to the effectiveness or validity of the waiver. The Enforcement Officer may revoke a waiver upon reasonable cause should the Owner fail to comply with any non - waived provision of this Local Law, or fail to comply with the terms and conditions stated in any granted waiver. If the Owner believes the revocation was improper, the Owner may file an objection thereto within 5 days of such revocation, whereupon, a hearing shall be held by the Town Board of the Town of Lansing within 30 days, and whereat a determination will be made to affirm, modify, reverse, or annul the decision of the Enforcement Officer. Notice of the hearing shall be made in the Town of Lansing's designated official newspaper at least 5 days prior to the date thereof. The Person holding the waiver (the "Waiver 106 Continued, June 16, 2004 Holder ") shall be notified of the hearing by certified mail at least 5 days prior to the hearing. At the hearing, the Town Board of the Town of Lansing shall hear the Waiver Holder and all other Persons wishing to be heard concerning the revocation of the waiver. Section 26. Limitation on Liability The Town of Lansing shall not be liable or responsible for any injury to persons or damage to property due to its actions, or failures to act, under or pursuant to this Local Law, unless it be proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town of Lansing. Section 27. Severability If any clause, sentence, paragraph, or section of this Lc competent jurisdiction to be invalid, such judgment remainder thereof, but shall be confined in its operation or article thereof directly involved in the controversy rendered. cal Law shall be adjudged by any court of shall not affect, impair or invalidate the to the clause, sentence, paragraph, section, in which such judgment shall have been Section 28. Article 78 The determinations of the Town Board referenced in Sections 9, 10, 17, and 25 of this Local Law shall be deemed "final determinations" for purposes of Article 78 of the CPLR. Section 29. Effective Date This Local Law shall be effective upon filing with the Town Clerk. Empire Zone. RESOLUTION 04404 Resolution in Concurrence re Expansion of Schuyler County Empire Zone 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 16th day of June, 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 Douglas McEver; 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, New York State has created the Empire Zone program to encourage economic development in selected municipalities across the State; and WHEREAS, Schuyler County, as an eligible municipality, received designation of an Empire Zone (the "Schuyler Empire Zone "); and WHEREAS, Schuyler County intends to revise the Schuyler Empire Zone boundaries to encourage economic development; and WHEREAS, the Town of Lansing is committed to the development of new business within the Schuyler Empire Zone; and WHEREAS, in any event that any project fails to be materially completed within a reasonable time, as determined by the policies of the Zone Administrative Board (the "ZAB "), the ZAB desires to remove the site of such project from the Schuyler Empire Zone; and 107 Continued, June 16, 2004 WHEREAS, in the event the ZAB submits to the Commissioner of Economic Development a request to revise the boundaries of the Schuyler Empire Zone to remove the site of any project that fails to be materially completed in a reasonable time, the Town of Lansing desires to concur with such action; and WHEREAS, the Town of Lansing wishes to support and concur with the Schuyler County Local Law No. 2 of the year 2004, and is therefore to be deemed a "Concurring Municipality "; 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 the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby support and concur with the Schuyler County Empire Zone revision application. Dave Herrick — Town Engineer: John Stevens Subdivision: John Stevens has submitted a subdivision plan with a proposed extension of a Town main through the subdivision to serve parcels fronting on Hillcrest Road. Mr. Herrick asked the Town Board to consider an extension of the existing main on Hillcrest Road to allow connections for existing properties adjacent to the subdivision. A district extension is required to Lots 1- 3 and any other adjacent properties that would be benefited. Mr. George Frantz was representing Mr. Stevens and asked the Board for financial help for Mr. Stevens. After some discussion, the Board told Mr. Frantz to take a petition to the neighbors to see how much interest there is with them regarding a water district extension. Mr. Herrick explained that this needed to be done before the Board would go any further. Scofield Road Extension: Mr. Herrick discussed numerous cost estimates for the proposed extension. After a lengthy discussion, the Board asked Mr. Herrick to look at cost figures to place the tank on Bone Plain Road only. It was also decided that the Town of Dryden needs to be contacted to see what kind of interest they have in the proposal. Kline Road By -pass: Bids were received on June 16`" and the apparent low bidder was Bat -Con of Marcellus at $ 96,246. The Engineer's estimate was $ 126,000. NYSDEC has indicated that plan approval will be issued by June 21, 2004. The notice of award could be issued at the Village of Cayuga Heights next meeting on June 21, 2004. Sewer Committee: The first meeting was held on June 91" and was very productive. He stated that an archeological investigation needs to be done as part of the environmental impact statement. Mr. Herrick will contact SUNY Binghamton for a proposal for them to perform the study. Pheasant Meadow Subdivision: Mr. Bland is seeking Town Board acceptance for municipal ownership of two proposed retention basins. Mr. Herrick has tried to contact Mr. Don Lake for his input, however, he has not been able to contact him. He stated that he might be able to get a hold of him early next week. After a lengthy discussion, it was decided that Mr. Herrick will get an opinion from Mr. Lake and a Special Meeting will be held on July 7, 2004 to make a final decision on the ownership of the retention basins. Said meeting will begin at 7:00 p.m. Whispering Pines Subdivision: 108 Continued, June 16, 2004 Preliminary plans have been submitted for Phase 5. Mr. Thaler indicated that the stormwater management facilities completed in this phase would be retained with the balance of his lands. One of the proposed lots will require an extension of the Town's Consolidated Water District to permit connection to the new main. The Town Board felt a decision regarding stormwaters needs to be made and the Board will need to be consistent with all new subdivisions. Mr. Krogh will contact the Association of Towns for additional information. Dick Platt — Code Enforcement Officer. Monthly Report: Mr.Platt gave his monthly report and stated that they were up in permits from last year by 5 permits but down in project costs by $ 632,460.00. Murfield Drive Complaints: Mr. Platt has received many complaints from neighbors in the Murfield Drive area regarding a resident who is attaching a single family home to one that already exists. Mr. Platt stated that there is nothing either the Town Board or Planning Board can do about this situation. NYS Board of Fire Underwriters. Mr. Platt gave the Board a copy of a letter form the NYS Board of Fire Underwriters stating that, effective immediately the Bureau of Electricity must refrain to take further applications for electrical inspections. Mr. Platt felt that we were very lucky to have Mr. Ferris working for the Town. LeRoy Ave. — James Bower: Mr. Bower has approached Mr. Platt regarding a small parcel of land owned by the Town. Mr. Bower would like to split his property and would like to buy or receive an easement from the Town for a small parcel of land adjoining his property. This land would be used for access to the new house he would like to build. The Town Board did not feel an easement or right -of -way would be the right way to go. They decided to have Mr. Platt look into all of the small parcels of land the Town owns and put them all up for sale or out to bid. Mr. Platt will look into this. Highway Department: Mr. Shattuck reported for Mr. French as he was attending a meeting at the Federal House in Ludlowville regarding the water issues they have in that area. Mr. Shattuck stated that representatives from the County are also at said meeting and that hopefully something would be resolved. Grant Money for Energy Project at Highway Garage: Mr. Shattuck, Mr. French and Darby Kiley will meet at 11:00 a.m. to discuss the possibility of putting solar panels on the new roof at the Highway Garage. Grant money is available for this but the grant has to be completed by the end of June. PUBLIC HEARING TO AMEND THE WATERCRAFT ORDINANCE: RESOLUTION 04 -105 Resolution Establishing Public Hearing Regarding Amending the Town of Lansing Watercraft Ordinance of October 8, 2003 (Town of Lansing Ordinance Number 48) Relating to Enforcement, Fines, and Other Matters 109 Continued, June 16, 2004 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 16th day of June, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the followng members being absent: none; 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, 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 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, after due notice and publication (Ordinance Number 48), as amended May 19, 2004 (see Resolution Numbers 04 -088A through 04- 088D); and WHEREAS, the Town had deferred the establishment of enforcement provisions for such Ordinance while it conferred with its counsel, constable, the County Sheriff, and other sources of information regarding the same; and WHEREAS, the Town now seeks to amend the Watercraft Ordinance to provide for enforcement provisions, and a miscellaneous provision relating to severability, which said proposed amendments seek to add new Sections, to be numbered Section 11, Section 12, and Section 13, which are proposed to read as follows: "SECTION 11. Any infraction of this Ordinance shall be a violation (or misdemeanor, see below) punishable by a fine and/or imprisonment, as follows: for a first violation of any provision of this Ordinance, a fine not less than $50.00 nor more than $250.00; for a second violation of any provision of this Ordinance, a fine of not less than $100.00 nor more than $500.00. For any third and each subsequent violation of any provision of this Ordinance, such violation shall constitute a misdemeanor punishable by a fine of not less than $250.00 nor more than $1,000.00 and/or imprisonment for a period not to exceed 15 days. All provisions of the Criminal Procedure Law of the State of New York generally applicable to misdemeanors shall apply to each such third or subsequent alleged or actual violation. SECTION 12. In addition to the penal sanctions and fines listed in § 11 of this Ordinance, any three convictions within any single calendar year shall further subject such person to a civil penalty in an amount not to exceed $1,000.00. Any such civil penalty may be enforced and collected by the Town of Lansing, and the Town of Lansing may obtain and enforce a judgment thereupon in the Town of Lansing Justice Court, and /or any other Court of competent jurisdiction. SECTION 13. If any clause, sentence, paragraph, section, word or part of this Ordinance is adjudged by any court or tribunal of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of this Ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this Ordinance directly involved in the controversy in which such invalidity was declared or found. "; and WHEREAS, 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 110 Continued, June 16, 2004 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 21" day of July, 2004, at 7:05 o'clock P.M., to consider the aforesaid proposed amendments to the Watercraft Ordinance, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a 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. Mr. McEver stated that he checked with the two townships to see if we could do an amendment to go perpendicular from a person who owns property (if located on the lake) to the center of the lake. The two townships were not interested in the amendment at this time. They felt a review needs to be done on the current Ordinance before going any further. He stated that if a petition came before the Board, it would be reviewed and a decision would be made at that point. Resolution to Amend Certain Organizational Resolutions of 01/02/04: RESOLUTION 04 -106 Resolution Revoking Prior Resolution of July 2, 2003 and Amending Certain Organizational Resolutions of January 2, 2004, to Establishing Signature Authority for Town Banking Accounts 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 16th day of June, 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, on January 2, 2004, the Town passed Organizational Resolutions authorizing certain persons to sign checks for designated checking accounts, and which further authorized certain persons to effect account and wire transfers into and out of designated accounts, and which further authorized certain persons to utilize certain banking programs (see resolution Number 04 -006); and WHEREAS, since said January 2, 2003, the Town's then Principal Account Clerk, Dawn Bogdan, has left the employment of the Town, and Charmagne Rumgay was hired to fill that position by Resolution dated May 19, 2004 (Resolution Number 04 -091); and WHEREAS, it would be in the best interests of the Town to have the current Principal Account Clerk have authority to make account and wire transfers, and to have access to certain banking programs; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the January 2, 2004 Organizational Resolution Number 04 -006, at its Third and Fourth Paragraphs, is hereby amended to read as follows: BE IT FURTHER RESOLVED, that the Supervisor, Stephen Farkas, Deputy Supervisor, Francis Shattuck, Co- Budget Officer and Bookkeeper, Sharon Bowman, and Principal Account Clerk, Charmagne Rumgay, be and hereby are 111 Continued, June 16, 2004 authorized to make transfers on all Town accounts, and wire transfers that are necessary throughout the year, except for the Town Clerk's checking account number 07-201-003-007 and the Tax Collector's checking account number 01- 101- 082452 at the Tompkins Trust Company. BE IT FURTHER RESOLVED, that the Supervisor, Stephen Farkas, Deputy Supervisor, Francis Shattuck, Co- Budget Officer and Bookkeeper, Sharon Bowman, and Principal Account Clerk, Charmagne Rumgay, be and hereby are authorized to use the service provided by the Tompkins Trust Company entitled "Anytime Access" on and for all Town accounts, except for the Town Clerk's checking .account number 07- 201 - 003 -007 and the Tax Collector's checking account number 01 -101- 082452 at the Tompkins Trust Company; and it is further REOLVED, that Dawn Bogdan's name be removed as a signatory for each such account, and each, any, and all other Town accounts; and it is further RESOLVED, that the Town Clerk, or any Town Officer or Councilperson, be and are hereby authorized to contact any banking institution with which the Town transacts any business and effect the changes authorized by this Resolution. Intermunicipal Organization Resolution: RESOLUTION 04 -107 Resolution in Support of Cayuga Lake Watershed Intermunicipal Organization Application for Funding 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 16th day of June, 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 is an active member of the Cayuga Lake Watershed Intermunicipal Organization (hereinafter "IO "), and supports the work of the IO; and WHEREAS, the Town recognizes that the work of the IO, including the implementation of the Restoration and Protection Plan, is important to the residents of the Town of Lansing; and WHEREAS, the Town of Lansing is currently chairing the IO; and WHEREAS, the Town of Lansing manages and administers the IO finances; and WHEREAS, the Town of Lansing provides administrative support to the IO Project Manger; and WHEREAS, after review and discussion of each of the foregoing premises, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing supports the application for funding submitted to the New York State Department of State under the Local Waterfront Revitalization Program, Environmental Protection Fund, Year 2004 -2005, and supports the continued position of the Project Manager. 112 Continued, June 16, 2004 Parker Melvin — Town's Computers: Mr. Melvin gave the Board Members a handout of proposals for the computer system in the Town Hall. Mr. Parker stated that he has been checking out the computers in the Town Hall and that out of the fifteen he has checked , he has found approximately 8 — 12 different viruses and about 60 to 100 different other problems. He stated that this slowed the computers down. Critical updates have been performed to all of the computers in the Town Hall. He stated that the Town needs a small server to protect the Town's information from the world. The Board was given costs for improvements. Mr. Farkas will check with the bookkeeper to see what portion can be done at this time and what will need to be put into the 2005 Budget. Audit Approval: 04 -108 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modification: Audited Vouchers: 488-583 (Aye) PrePaid Vouchers: 488-492 Board .... FUND TOTAL APPROPRIATIONS General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer District Better Housing for TC Trust & Agency BUDGET MODIFICATION: 105,197.53 41,671.77 1,252.86 84,249.14 184.48 4,709.73 3,464.00 FROM TO FOR AMOUNT A19900400 A7110.200 Purchase trailer for PWC Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug 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 Approval of Minutes: 813.75 A copy of the Minutes of May 19, 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. 04 -109 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Minutes of May 19, 2004 are hereby approved as submitted. Carried. BOARD MEMBER REPORTS 113 Continued, June 16, 2004 1V>rty Christopher Gossett Center• Mr. Christopher and Mr. Farkas will attend an awards ceremony next week at the Gossett Center. This will be Mr. Christopher's first visit to the Center. AMR Records Management Committee: All departments were given paper work to identify what records are kept in their individual offices. All records that can be destroyed per the Records Retention Schedule WILL be destroyed. Rules and Regulations for Recreation Department: Randy Randall gave Mr. Christopher a copy of the new Rules and Regulations that will be used in the near future for the Recreation programs. He stated that last year there was an internal problem that came before the Board. This should prevent this from happening again in the future. Personnel Committee, The Insurance and Health Care issues were discussed. The Board Members were given a copy of three options the committee came up with. Mrs. Shattuck stated that this was the most cost effective and changing coverage that may meet the needs of people who have needs outside of the current coverage. The Board can choose a new policy and offer it as an alternative to the current one. The committee choose option PPO -B. The Board Members also were given cost comparisons of the options. He stated the option would offer a prescription card. Mr. Shattuck stated that the policy would cost more up front. The PPO -B policy would be a 16% savings for an individual policy and a 12% savings on a family policy in an individuals paycheck. Sales Rep. will come to the Town Hall to explain the policies and have a time frame to opt in. Mr. Christopher stated that it was somewhat critical that the employees know that there is a benefit with the options other than the prescription card. He stated that the committee would only offer one policy outside of the current one, as this is the one they felt was the best one to offer. Mrs. Wilcox stated that the pharmacy co -pays would be $10.00, $25.00 or $ 40.00 depending on the tier of the drug. She stated that there might be some things that may be swapped from the other plan. She felt it was a good plan. This is through Blue Cross /Blue Shield. Offer a second Insurance Policy to the Employees: RESOLUTION 04 410 Resolution Authorizing Employee Health Insurance Election Between Multiple Plans (adding "Blue PPO" Options) 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 16th day of June, 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 Douglas McEver, 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 of Lansing currently provides certain health insurance benefits to qualified employees under a Select Blue Traditional policy; and WHEREAS, numerous inquiries have been received concerning the inadequacy of prescription coverage, or the lack thereof, and 114 Continued, June 16, 2004 WHEREAS, the Town Board has undertaken to review health coverage options by and on behalf of he Town of Lansing and its employees; and WHEREAS, the Town of Lansing has determined that it is in the best interests of the Town to provide multiple policy coverage's that allow an eligible employee to select the health plan that is best for such employee and /or his or her dependents or co- covered persons; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor and Deputy Town Supervisor be and hereby are authorized to take any and all necessary steps to place into effect a "cafeteria" plan for employee health coverage that allows an eligible employee to select which plan they desire, with the available choices to be the Blue PPO Plan options (Plans A, B and C) and the Select Blue Traditional Plan. Connie Wilcox. Lansing Housinst Authority: Steve Paladino has been nominated to fill the term of Richard Solomon to the Lansing Housing Authority for a 5 -year term. She asked the Town Board to accept the recommendation from the Housing Authority. RESOLUTION 04 -111 Resolution Appointing Steve Paladino to Lansing Housing Authority for 5 -Year Term 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 16th day of June, 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 Douglas McEver; 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 currently has a vacancy upon the Board of the Lansing Housing Authority, which vacancies are filled by Resolution of this Board; and WHEREAS, after a search for eligible and qualified candidates, Steve Paladino has been nominated for appointment to such Board; and WHEREAS, Steve Paladino has accepted such nomination; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that Steve Paladino be and hereby is appointed to the Lansing Housing Authority for a 5 -year term, to commence upon July 1, 2004 and terminate upon June 30, 2009, and to serve thereupon at the pleasure of the Town Board of the Town of Lansing. 115 Continued, June 16, 2004 Woodsedge is not happy that they are being charged for 40 units for the water consolidation. Mr. $hattuck stated that this would be reviewed soon as they stated would be done when the consolidation was put into place. They also stated that they are interested in the sewer as they are still looking into adding another 40 units. She was asked who was on the sewer committee. She told them she would find out. Mr. Shattuck stated that the following people were on the committee and that they are still looking for a couple more, preferably women: Gzeg Hartz Richard Farr Andy Sciarabba Dave Howell Nick Barra Dave Herrick Robb Cutting Bud Shattuck Jeff Zerilli Steve Farkas Dave and Bud took the minutes of the meeting. Mr. Shattuck stated that he has asked Rachel Jacobsen to start taking the minutes starting with the next meeting. Bolton Point: Still looking into automated readers for the large customers. The Building is slowly coming along. Fire Department: The Department has hired a consultant from the Rochester area to look at the way the operations are being handled as far as the Chief's go. This will involve the Town Board, Bolton Point and the Village of Lansing. Howard Cahalan has resigned his position as secretary and Alvin Parker has been appointed as replacement for the interim. Carnival was a success. Doug McEver. WRC: I.O. Meeting will be held next Monday. Sending out letters to all of the Municipalities to try to regroup. Historical Building: Coming along slow but hopefully the barn raising will be held on or around July 17th Bud Shattuck. Letter from Tom LiVigne: Mr. Shattuck stated that he had received a letter from Tom LiVigne, a rep. from Cornell University with a threat at the end of the letter regarding the Town placing sewer lines on the property on Teeter Road. Personal Committee: It was recommended that Department heads have meeting on a regular basis as this would help keep the communication skills open. Mr. Shattuck stated that he would like to see direct lines of communication. Organizational Chart. 116 Continued, June 16, 2004 Mr. Christopher will put this together and bring it back to the Board. Employee Survey's: These surveys were discussed and the committee will decide what kind of training will be offered to the employees. EAP Proaram.: Mr. Shattuck would like to see an Employee Benefits Program put in place. Hazard Mitigation: Final draft came in yesterday. Enforcement Committee: Mr. Shattuck felt that there needs to be another meeting set up for this month as things are starting to come together. Four Issues to Protect the Town: Mr. Krogh informed the Board that there are four issues that came up that he thinks the Board should look into to make sure the Town is covered. The issues are as follows: 1. Prior Notice Law 2. Cemetery or burial regulations 3. Noise Ordinance 4. Indemnity for Town Officers when acting in their official capacities These items will be reviewed and discussed at a later date. Steve Farkas: Salt Point Meeting: A meeting will be held tomorrow at 4:30 p.m. with the Salt Point Committee. The use agreement is now in Syracuse and hopefully soon there will be an agreement with the DEC. Municipal Officer's Meeting: The organization is getting very active. A discussion was held regarding the voting machines and Mr. Farkas stated that it probably would not be until 2007 before changes would be made. Northfolk Southern: Mr. Farkas has received many calls from upset residents along the lake as Northfolk Southern is spraying along the railroad tracks and never notified anyone that this was going to happen. Mr. Farkas will look into this situation. Lansing Station and Bill George Road area: Mr. Farkas and Mr. French looked over this area and there are still problems with water drainage. Scott Pinney has been hired to replace a number of culverts from Myers Point to AES. Hopefully this will help the situation. NYS DOT: The New York State Department of Transportation is reorganizing. Mr. French will put together a letter to them regarding the State roads in the Town of Lansing. Continued, June 16, 2004 Elective County Executive: Mr. Tom Todd is putting together a petition to have a proposition placed on the November 2004 ballot to make the County Executive become an ELECTED Official. That way this person would be required to answer to the whole County. Executive Session: 04 -112 04 -113 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the meeting be adjourned to go into Executive Session at 10:45 p.m. Carried. RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 10:58 p.m. Carried. 04-114 RESOLUTION, offered by Mrs. Wilcox and seconded Mr. Christopher: RESOLVED, on motion, that the meeting be adjourned at the call of the Supervisor at 11:00 p.m. 117