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HomeMy WebLinkAbout2004-08-18REGULAR TOWN BOARD MEETING Place: Lansing Town Hall Board Room Date: August 18, 2004 Time: 7:00 p.m. D AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Privilege of the Floor: a) Alvin Feldzamen — 5 minutes b) Jack Jensen c) Anyone else who wishes to address the Board 5. Debbie Teeter — CCE 6. Engineer's Report 7. Highway Superintendent's Report 8. Resolution — Defense and Indemnification of Town Officer's and Employee's 9. Approval to sign Lease Agreement for PWC 10, Approve Audit 11. Approve Minutes of July 21, 2004 12. Board Member Reports 13. Executive Session if needed 14. Adjourn Meeting G 113 i August 18, 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. Stephen Farkas Marty Christopher Doug McEver Francis Shattuck Cinme 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 Alegiance. VISITORS: Alvin Feldzamen, Charlie & Sheila Nedrow, Paul Costantini, Andrew Zepp, Donald Bordenet, Scott Ferris, Marc and Virginia Jouandet, Jack French, Dave Herrick, Debbie Teeter and Joe Phillips. Alvin Feldzamen - Freedom of Speech: Mr. Feldzamen stated the following: He gave all Board Members a copy of the Town of Lansing's Sign Ordinance and stated that Section 1509 states "Applications for permits shall be required in duplicate for signs in excess of 9 square feet in area." The ordinance does not say "for a sign" but says "for signs." There is some ambiguity here; does it mean for any one sign in excess of 9 square feet, or for several signs that may total 9 square feet? He stated that either way, it is not currently being enforced. Mr. Feldzamen stated that the "banners" at 1 Whispering Pines Drive in the Town of Lansing are not legal and asked the Board if the owners applied for a sign permit. Jack Jensen - Renewals for Building Permits: Mr. Jensen stated that he is in the process of building a home on Lansingville Road, which he started last year. He purchased his building permit last year for an amount of $ 640.00. He stated that when he went to renew it, the Code Enforcement /Building Permit office wanted another $ 320.00 for the renewal. He felt this amount was unfair, unreasonable and unpatriotic. He felt a fee of $ 15.00 - $ 20.00 would be more reasonable. After a discussion, Mr. Farkas asked Mr. Jensen to come back when Mr. Platt was here and the three of them would sit down and discuss the matter. Paul Costantini - One Whispering Pines Drive: Mr. Costantini read the following to the Board: As many of you know we are firm believers in upholding existing zoning regulations. I (Paul) worked with my neighbors and the Town & Planning Boards of Lansing in upholding and clarifying the zoning ordinance. We hung our banners not in defiance of the sign ordinance, or with any thought that it would affect the property values of my neighbors. For ourselves we did not care if our property value would be affected, there is a higher value at stake; free speech as guaranteed by the First Amendment and to make a statement that we believe in. We thought this is not a popular view or openly verbalized in the Ithaca community, but we felt in our heart that it had to be said. I don" believe the issue presented here is one of potential declining values, but an attempt by one individual to muzzle our voice. In fact the issue of property values is a red herring. All my neighbors who have commented to us, except for one individual, have given us approval and encouragement. For many months we watched the perfusion of anti -Bush signs and bumper stickers proliferate in Ithaca. All negative, most negative, most irrational, many disrespectful and in our opinion dishonest. We put a small ar August 18, 2004 145 "Bush/Chaeney" sign on our property, it was stolen. We read the lies on the signs and bumper stickers we saw around Ithaca. We thought of our 3000 dead neighbors killed by Islamofascists. We thought of the 1000 service men and women, the cream of their generation, killed in Afghanistan and Iraq for us, our family, our neighbors, our country and Western Civilization. We knew we had to say something to show our thanks and support. We hung a banner that says " God Bless Our Troops and Their Mission." A positive message, that was not anti anything, except perhaps Isamolfascists. The individual who objected, and is leading the petition drive to changethe ordinance and deprive us of our free speech rights, harangued Patricia, with all the extreme left wing rhetoric for which he is known. He is attempting to suppress dissent in Ithaca. The decline in property value issues is a red herring. At this time we put up our second banner in support of President Bush. Although we did not initially support Bush, we thank God he is our President and pray for four more years. First they stole our sign, now they want to steal our First Amendment Rights, Dr. Jouandet - 52 Whispering Pines Drive: He stated that he felt that the sign supports the man's freedom of speech and felt they were no more offensive than Christmas lights. Virginia Jouandet - 52 Whispering Pines Drive: Stated that everyone should have freedom of their views and that the Town should not let Mr. Feldzamen get away with this. Cornell Cooperative Extension: Debbie Teeter, from Cornell Cooperative Extension and Andrew Zepp from the Finger Lakes Land Trust asked the Board if they would be interested in becoming involved in the Finger Lakes Land Trust program by becoming the applicant to farmers who are interested in putting their land in the Land Trust program. Bud Shattuck volunteered to become involved in the program on behalf of the Town. All Board Members agreed that it was a good program but would like more information. Dave Herrick - Town Engineer: Water Pressure Fluctuations: Bolton Point conducted by -pass tests that showed fluctuations that became significant and generated complaints on Bean Hill and in other areas not normally affected by low pressure . Bolton Point investigations suggested that "needle valves" used to control the open and closing speeds of the Drake Road PRV were causing the large swings in pressure. Adjustments were made and recent pressure recordings show better - sustained residual pressures. Mr. Shattuck asked Mr. Herrick if the Board could take town wide money and put piping down Drake Road to off set pressures only, not to allow anyone to hook up. Mr. Herrick felt the Town Board could propose such a plan. Whether or not this would benefit the people on Drake Road when the actual district was developed would have to be determined at a later date. Whispering Pines Drive: The proposed water system extension in Whispering Pines Phase 5 that will connect the existing dead end main on Whispering Pines Drive to Warren Road will not exacerbate the recent experience and will, through looping, help maintain the residual pressures.: Mr. French stated that when the road is finished, he would like to stop construction traffic from coming off of Hillcrest onto Whispering Pines. He would rather see them use Warren Road. 146 August 18, 2004 3 RESOLUTION 04 -137 Resolution re Approval of Preliminary Roadway Layout and Preliminary Specifications for Whispering Pines Phase V, Preliminary Major Subdivision Plat 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 181h day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Developer Richard B. Thaler has been working with the Planning and Town Boards of the Town of Lansing to develop a Preliminary Plat for a Major Subdivision known as "Whispering Pines Phase V ", as depicted upon a map of such proposed subdivision entitled "Whispering Pines V ", dated April 5, 2004, as drawn by L. Fabbrom, P.E., L.S. ; and WHEREAS, the Town of Lansing Subdivision Regulations, at § 403©(3), require the Town Board to take official action relative to the preliminary roadway layout, preliminary specifications, and preliminary engineering prior to the Planning Board's approval of the Preliminary Subdivision Plat, to help assure compliance with Town specifications, planning, and control of traffic and roads; and WHEREAS, the Town Engineer, David A. Herrick, of T.G. Miller, P.C., has reviewed the roadway plan and specifications and has recommended such preliminary approval, but subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer; and WHEREAS, the Town Highway Superintendent, Jack French, has also reviewed the proposed layout and design of the proposed preliminary roadways, and also recommends preliminary approval by the Town Board, but subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer; and WHEREAS, upon due deliberation and consideration of the above, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby deems this Resolution to be the "Official Action" required by § 403©(3) of the Town's Major Subdivision Regulations, and further hereby approves the preliminary roadway layout, design, engineering, and specifications subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer. Sanitary Sewer: A letter has been drafted that will go out to residents in the Village of Lansing regarding the transmission main route and a meeting will be held on September 7t" to get their input. Drainage District Creation: Mr. Herrick stated that he felt this process would be less complicated than a water /sewer district. Mr. Krogh will look into the legal aspects of this matter. Hicks Subdivision: Mr. Hicks has submitted plans for the extension of Murfield Drive to access his 4 -lot August 18, 2004 14 subdivision. The details are sufficient to recommend conceptual approval of the road extension. The following resolution was then offered. RESOLUTION 04 -138 Resolution re Approval of Preliminary Roadway Layout and Preliminary Specifications for Hicks Subdivision 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 18th day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Developer, John Hicks has been working with the Planning and Town Boards of the Town of Lansing to develop a Preliminary Plat for a Major Subdivision known as "Hicks Acres ", as depicted upon a map of such proposed subdivision entitled "Hicks Acres ", dated May 30, 2004, as drawn by L. Fabbroni, P.E., L.S.; and WHEREAS, the Town of Lansing Subdivision Regulations, at § 4030(3), require the Town Board to take official action relative to the preliminary roadway layout, preliminary specifications, and preliminary engineering prior to the Planning Board's approval of the Preliminary Subdivision Plat, to help assure compliance with Town specifications, planning, and control of traffic and roads; and WHEREAS, the Town Engineer, David A. Herrick, of T.G. Miller, P.C., has reviewed the roadway plan and specifications and has recommended such preliminary approval, but subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer; and WHEREAS, the Town Highway Superintendent, Jack French, has also reviewed the proposed layout and design of the proposed preliminary roadways, and also recommends preliminary approval by the Town Board, but subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer; and WHEREAS, upon due deliberation and consideration of the above, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby deems this Resolution to be the "Official Action" required by § 4030(3) of the Town's Major Subdivision Regulations, and further hereby approves the preliminary roadway layout, design, engineering, and specifications subject to such future technical details as may need to be resolved in the future by the Highway Superintendent and /or the Town Engineer. Storm Water Ordinance: Mr. Krogh has looked at the State of New York's "draft" storm water ordinance and stated that it needs a lot of work. The Board told Mr. Krogh to look into the process of making this a usable ordinance. Mr. Herrick stated that the Town also needs to look into how to come up with an ordinance regarding drainage districts. New Road Plans: The Board agreed that from now on when Mr. Platt is given copies of plans that involve roads in the Town of Lansing, Mr. French should also be given a copy for his use. 148 August 18, 2004 JACK FRENCH- HIGHWAY SUPERINTENDENT: Global Phoenix - (21 Dutch Mill Road): Mr. French stated that back on April 26, 2004, he issued culvert permits to Global Phoenix but that the culverts were never put in. He stated that there are culvert pipes at the upper end of the driveways that go underneath the driveway and then into a catch basin and then the catch basin goes into two different retention ponds. Mr. French wants to know who is responsible for maintaining the ponds. In paper work from Dave Herrick's office dated 05/17/04, the only recommendation from T.G. Miller's was to provide a maintenance plan for long term maintenance of the retention basin and methods of preventing clogging. Mr. French stated that to date, nothing has been done. Mr. Herrick stated that the issue would be that if maintenance is required to make the system function, how, when and who will do it? Mr. Shattuck stated that when Mr. Platt returns from vacation, he needs to go to the -owners of Global Phoenix and find out if they have a plan. If they do have a plan, it should be acceptable to the Town Engineer. If they do not have a plan, one will have to be put in place. Asbury Road Petition: E A petition with over 100 signatures has been presented to Jack and to the County regarding the lowering of speed limits on Asbury Road and also to keep trucks off of Asbury Road. Mr. French stated that if trucks were kept off Asbury Road, they would end up on Town Roads which hopefully won't happen. The Board felt a speed reduction was in order but they do not want the trucks on Town Roads. New 10 Wheeler, Plow Truck: Mr. French stated that in the 2005 Budget, he was going to ask for a new 10 wheeler. He stated that he had planned on going with the State bid to purchase this. The problem with going with a State bid truck is that their pricing ends on September 15, 2004. After this date the total could go up by $ 16,000.00 to $ 20,000.00. International informed Mr. French that he could order the truck now and pay for it in 2005, which would make the total payment for a new 10 Wheeler Plow Truck, $ 135,827.00. The Board agreed that this should be ordered now and made the following resolution: RESOLUTION 04 -139 Resolution re Approval of Placement of Order for New 10 -Wheel Dump Truck, with Snow Accessories, for Highway Department for Delivery and /or Invoicing in 2005 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 18`" day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Highway Department budget for 2005, and previously approved equipment replacement schedules, have funding in place for a new 10- wheeled dump truck, with plow, salt box, and other accessories; and August 18, 2004 WHEREAS, the State Statutory Bid process has a price that is similar to or below the last public notice the Town of Lansing sent out for bidding for similar equipment; and WHEREAS, on or about August 31, 2004, the State Bid price will increase by over $10,000.00 for an identical piece of heavy equipment; and WHEREAS, the Town of Lansing Highway Superintendent has researched the various alternatives and options, and recommends that the truck be ordered prior to the State Bid price increase, for delivery and /or invoicing in calendar year 2005; and WHEREAS, no public bidding process is required for State Bid contracts, thus saving the Town of Lansing substantial time and expense; and WHEREAS, upon due deliberation and consideration of the above, it is hereby 149 RESOLVED, that Jack French, the Town Highway Superintendent, be and hereby is authorized to order the specified 10- wheeled dump truck with snow removal and management accessories, at the State Bid price of approximately $135,827.00, pursuant to his request on behalf of the Highway Department, and that the invoice for the same shall be approved for payment upon or after receipt in 2005; and it is further RESOLVED, that Jack French, the Town Highway Superintendent, and the Town Supervisor and /or Deputy Supervisor, be and hereby are each individually and severally authorized to execute and deliver such documents as are or may be necessary to order and /or accept delivery of such vehicle, with accessories. Light at the Rogues Harbor Intersection: Mrs. Wilcox informed Mr. French that there is a problem with the way the light is at the Rogues Harbor Intersection. Mr. French will check with the State to see if anything can be done regarding the way the arrow lights are set up. 04 -140 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel matter at 8:53 p.m. Carried. 04 —141 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:15 p.m. Carried. Bolton Point Request: RESOLUTION 04 -142 Resolution establishing Public Hearing re Southern Cayuga Intermunicipal Water Commission: East Hill Tank and Transmission Main Project At a Regular Meeting of the Town Board of the Tow of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 18`" day of August, 2004, the following members being present:.Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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 - 150 August 18, 2004 aye; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: I - WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as this Board determines to be necessary, relating to the construction of a 3,000,000 gallon water storage tank on Hungerford Hill in the Town of Ithaca and an extension of the Southern Cayuga Lake Intermunicipal Water Commission's ( "SCLIWC ") transmission line to the tank, pursuant to Article 5 -G of the General Municipal Law and relevant provisions of the Town Law and Village Law, such project to be known and identified as the SCLIWC 2004 East Hill Tank and Transmission Main Project, and hereinafter also referred to as "Project ", to provide additional water storage on the transmission system owned in common by the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the "Municipalities" and sometimes individually the "Municipality "), such improvement to be constructed and owned by the Municipalities; and WHEREAS, said plan, report and map have been prepared by Town of Ithaca Engineer Dan Walker, a competent engineer duly licensed by the State of New York, and have been filed in the office of the Town Clerk of the Town of Lansing, where they are available for public inspection; and WHEREAS, the area of said Town determined to be benefited by said SCLIWC 2004 East Hill Tank and Transmission Main Project consists of the entire area of the Town of Lansing Consolidated Water District served by the SCLIWC Water Treatment Plant; and WHEREAS, the proposed SCLIWC 2004 East Hill Tank and Transmission Main Project consists of the improvements set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Municipality Clerk: Construction of a 3,000,000 gallon pre- stressed concrete water storage tank on Hungerford Hill in the Town of Ithaca, construction of 3,600 feet of sixteen inch diameter ductile iron pipe and appurtenances running from SCLIWC's existing transmission main on Ellis Hollow Road east of its intersection with Pine Tree Road easterly along Ellis Hollow Road to its intersection with Hungerford Hill Road, then southerly along Hungerford Hill Road, and then southeasterly across lots to the proposed new storage tank on Hungerford Hill, and construction of a twelve inch diameter ductile iron water distribution main and appurtenances running northerly from the intersection of Ellis Hollow Road and Hungerford Hill Road across lots approximately 1500 feet to the vicinity of the Cornell University Athletic Fields located off of Game Farm Road; and WHEREAS, the maximum proposed to be expended for the aforesaid Project is $2,200,000.00; and WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,500,000 and payment of the balanceof the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2004 East Hill Tank and Transmission Main Project, the authorization of serial bonds for payment of part of the costs of the Project, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Project, and to hear all persons interested in the subject thereof, all in accordance with applicable provisions of General Municipal Law, Local Finance Law, Town Law, and Village Law; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that a public hearing will be held at the Lansing Town Hall at 29 Auburn Road, Lansing, New York, on the 15'h day of September, 2004, at 7:10 o'clock p.m., to consider the August 18, 2004 151 aforesaid plan, report and map and the questions of the providing of said SCLIWC 2004 East Hill Tank and Transmission Main Project, the authorization of joint and several serial bonds for payment of part of the costs of the Project, the expenditure of current revenues and surplus funds for the balance of the costs of the Project, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities to authorize such project, bonding, and other activities, to delegate to the Treasurer of SCLIWC certain authority to issue such bonds on behalf of the Municipalities, and to grant SCLIWC certain other powers and authority, and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing be and hereby is authorized and directed to immediately cause a copy of this Resolution to be posted and published in accord with law. Defense and Indemnification of Town Officers and Employees: RESOLUTION 04 -143 Resolution re Defense and Indemnification of Town Officers and Employees (See New York State Public Officers Law §18) 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 18th day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has a need to defend and indemnify its officers and employees in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurs or allegedly occurs while the officers and employees act within the scope of their public employment or duties according to the terms of New York Public Officers Law § 18 (hereafter "POL §18 "), as such is currently enacted (or as hereafter amended); and WHEREAS, the Town of Lansing desires to be held liable for the costs incurred and to confer the benefits of this Resolution and POL § 18 upon the officers and employees of the Town of Lansing according to the terms of POL § 18 as such is currently enacted (or as hereafter amended); 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 of Lansing hereby adopts the terms of POL § 18 as such is currently enacted (or as hereafter amended) in order to (1) defend and indemnify the Town of Lansing's MOM officers and employees in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurs or allegedly occurs while the officers and employees act within the scope of their public employment or duties; and (2) be held liable for the costs incurred and to confer the benefits of this Resolution upon the officers and employees of the Town of Lansing according to the terms of POL §18 as follows: 1. As used in this Resolution, unless the context otherwise requires, the term "employee" shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer program, or any other person holding a position by election, appointment, or employment in the service of the Town of Lansing, 152 August 18, 2004 9 whether or not compensated, but shall not include the sheriff of any county or an independent contractor. The term "employee" shall include a former employee, his or hers estate or juducially appointed personal representativ 2. (a) Upon compliance by the employee with the provisions of section 4of this Resolution, the Town of Lansing shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurs or allegedly occurs while the employee acts within the scope of his or her public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Town of Lansing against the employee. (b) Subject to the conditions set forth in paragraph (a) of this section 2, the employee shall be entitled to be represented by private counsel of his or her choice in any civil action or proceeding whenever the chief legal officer of the Town of Lansing or other counsel designated by the Town of Lansing determines that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his or her choice, provided, however, that the chief legal officer or other counsel designated by the Town of Lansing may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the Town of Lansing to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the governing body of the Town of Lansing. (c) Any dispute with respect to representation of multiple employees by a single counsel, or the amount of litigation expenses, or the reasonableness of attorneys' fees shall be resolved by the Tompkins County Supreme Court upon motion or by way of a special proceeding. (d) Where the employee delivers process and a written request for a defense to the Town of Lansing under section 4 of this Resolution, the Town of Lansing shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense. 3. (a) The Town of Lansing shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurs while the employee acts within the scope of his or her public employment or duties; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the governing body of the Town of Lansing. (b) Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this Resolution shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. (c) Nothing in this Resolution shall authorize the Town of Lansing to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties, or money recovered from an employee pursuant to section 51 of the General Municipal Law; provided, however, that the Town of Lansing shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his or her public employment or duties, has, without willfulness or intent on his or her part, violated a prior order, judgment, consent decree, or stipulation of settlement entered in any court of this state or of the United States. (d) Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by 10 August 18, 2004 certified or registered mail within 30 days of the date of entry or settlement, upon the chief administrative officer of the Town of Lansing; and if not inconsistent with the provisions of this Resolution or POL §18, the amount of such judgment or settlement shall be paid by the Town of Lansing. 153 4. The duty of the Town of Lansing to defend or indemnify and save harmless an employee as prescribed by this Resolution shall be conditioned upon: (i) delivery by the employee to the chief legal officer of the Town of Lansing or to its chief administrative officer of a written request to provide for his or her defense together with the original or a copy of any summons, complaint, process, notice, demand, or pleading within ten days after he or she is served with such document, and (ii) the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the Town of Lansing based upon the same act or omission, and in the prosecution of any appeal. 5. The benefits of this Resolution shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party; nor shall any provision of this Resolution be construed to affect, alter, or repeal any provision of the Workers' Compensation Law. 6. This Resolution shall not in any way affect the obligation of any claimant to given notice to the Town of Lansing under section 10 of the Court of Claims Act, section 50 -e of the General Municipal Law, or under or pursuant to any other provision of law. 7. The Town of Lansing is hereby authorized and empowered to purchase insurance from any insurance company created by or under the laws of this state, or authorized by law to transact business in this state, against any liability imposed by the provisions of this Resolution, or to act as a self - insurer with respect thereto. 8. All payments made under the terms of this Resolution, whether for insurance or otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges. 9. The provisions of this Resolution shall not be construed to impair, alter, limit, or modify the rights and obligations of any insurer under any policy of insurance. 10. Except as otherwise specifically provided in this Resolution, the provisions of this Resolution shall not be construed in any way to impair, alter, limit, modify, abrogate, or restrict any immunity to liability available to or conferred upon any unit, entity, officer, or employee of the Town of Lansing by, in accordance with, or by reason of, any other provision of state or federal statutory or common law. 11. Except as otherwise provided in this Resolution, benefits accorded to employees under this Resolution shall be in lieu of and take the place of defense or indemnification protections accorded the same employees by another enactment; unless the governing body of the Town of Lansing shall have provided that these benefits shall supplement, and be available in addition to, defense or indemnification protection conferred by another enactment. 12. The provisions of this Resolution shall also be applicable to any public library supported in whole or in part by the Town of Lansing whose governing body has determined by adoption of a local law, ordinance, by -law, resolution, rule or regulation to confer the benefits of this Resolution upon the employees of such public library and to be held liable for the costs incurred under these provisions. 13. If any provision of this Resolution or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part by any court, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this Resolution or the application of any such provision to any other person or circumstance; and it is further 154 August 18, 2004 RESOLVED, that the Town of Lansing reserves the right to amend, rescind, or repeal this Resolution at any time and for any reason. Public Hearing for Local Law No. 6 of 2004: RESOLUTION 04 -144 Resolution establishing Public Hearing for Local Law Number 6 of 2004: Prior Notice Law 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 18`x' day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has had in effect a prior notice law since 1977, as amended in 1979) 1988 and 1995, and desires to update the same to keep pace with changes in the law and to clarify its Local Law; and WHEREAS, said proposed Local Law proposes to provide for the written notification of defects and obstructions on and to certain Town property in the Town of Lansing, and requires that the Town of Lansing be on notice of certain defects or obstructions before the Town of Lansing may be required to answer in liability for such defects or obstructions, thereby protecting the ability of the Town of Lansing to preserve and protect public money with which it is entrusted, and to enable to Town to undertake regular, scheduled, or special maintenance, construction and repair without exposure to unnecessary liabilities, and WHEREAS, said proposed Local Law is proposed to supersede and repeal prior Local Law(s) as follows - Local Law No. 1 of 1977, and Local Law No. 1 of 1979 (as amended by Local Law No. 2 of 1988, and as further amended by Local Law No. 4 of 1995); and WHEREAS, said proposed Local Law defines the terms "defective ", "Town Structure Or Device ", and "Town "; and makes provision for the prohibition of claims and suits against the Town of Lansing for certain defects or obstructions in or upon public roads and structures, and allows the Town of Lansing a reasonable opportunity to repair or clear such defect or obstruction, including the accumulation of ice and snow; and requires mandatory reporting of notices to the Town Clerk, who shall be required to keep a separate indexed book for such notices; and addresses certain legal issues pertaining to waivers and claims, and is proposed to take immediate effect; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore 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 15 "' day of September, 2004, at 7:05 o'clock p.m., to consider the aforesaid Local Law, and 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 and posted in August 18, 2004 12 accord with law Consolidated Water District EDU charges: Mr. Shattuck stated that he received a letter from Frank Proto regarding the EDU's he is paying for through the consolidation of the water districts. Mr. Shattuck stated that this needs to be looked into very soon as people were told this would take place in a year after the consolidation was done. He stated this needs to be changed and a formula needs to be set up for people with multiple dwellings. Code Officer's Report: Mr. Platt was absent but a report was presented that stated that they are down in permits issued by 18 from last year and they are also down in project costs by $ 1,812,501.00. Set Public Hearing for SCLIWC Expansion: RESOLUTION 04 -145 Resolution Establishing Public Hearing re Southern Cayuga Intermunicipal Water Commission Plant, Office, and Laboratory Expansion Project for Increase in Authorized Expenditures and Amount of Bonding 155 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 18th day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, a plan, report, and map has been duly prepared in such manner and in such detail as this Board determines to be necessary, relating to the construction and equipping of a two -story office and work space addition to the Southern Cayuga Lake Intermunicipal Water Commission ( "SCLIWC ") water treatment plant, pursuant to Article 5 -G of the General Municipal Law and relevant provisions of the Town Law and Village Law, such project to be known and identified as the SCLIWC 2003 Plant Expansion Improvement, and hereinafter also referred to as "Improvement ", to provide expanded space in the water treatment plant owned in common by the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the "Municipalities" and sometimes individually the "Municipality "), such improvement to be constructed and owned by the Municipalities; and WHEREAS, based upon said plan and report SCLIWC and the Municipalities authorized the expenditure of $2,310,835 for the Improvement and authorized the issuance of joint and several serial bonds in the amount of $1,000,000 to pay for part of the costs of said Improvement; and WHEREAS, the bids for the Improvement received from. the lowest responsible bidder for each segment of the project were considerable higher than the estimate for same from the Engineers; and WHEREAS, as a result, the Engineers for SCLIWC and SCLIWC itself have recommended that the amount to be authorized for expenditure for the Improvement be increased by $289,165.00 to cover the increased amounts of such bids and to provide a reasonable contingency for future unanticipated expenses; and 156 August 18, 2004 13 WHEREAS, SCLIWC has also recommended that because of the increased costs and the desire to possibly authorize other projects in the future that would utilize some of the surplus funds that had initially been proposed for the Improvement, the amount of the bonds to be issued in connection with the Improvement be increased by $500,000; and WHEREAS, the area of said Town determined to be benefited by said SCLIWC 2003 Plant Expansion Improvement consists of the entire area of the Town of Lansing Consolidated Water District served by the SCLIWC Water Treatment Plant; and WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of the improvements set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Clerk of the Town of Lansing, and as summarily described as follows: Construction of a 7,616 square foot, two story office and work space addition on the east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing and renovation of 4,332 square feet of existing office space to provide increased office space for SCLIWC's Administration and Distribution personnel, workshops for SCLIWC's electrical and mechanical technicians and production department personnel, handicapped accessibility, an archive room for long term storage of SCLIWC's files and documents, an expansion of the facilities laboratory to meet increased water quality monitoring requirements, and additional fire suppression systems in the new and renovated areas of the facility; upgrading the HVAC systems to bring them into compliance with current building codes; upgrading the north entrance to the facility; and adding four additional parking spaces to accommodate the public; and WHEREAS, the maximum now proposed to be expended for the aforesaid improvement is $2,600,000.00; and WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,500,000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC; and WHEREAS, it is now desired to call a public hearing for the purpose of considering the increase in the maximum amount authorized to be expended for the Improvement, the authorization of an increase in the amount of serial bonds to be used for payment of part of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such increases related to the Improvement, and to hear all persons interested in the subject thereof, all in accordance with applicable provisions of General Municipal Law, Local Finance Law, Town Law, and Village Law; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that a public hearing will be held at the Town Hall, 29 Auburn Road, Lansing, New York, on the 15t day of September, 2004, at 7:15 o'clock p.m., to consider the aforesaid increase in the maximum amount to be expended on the costs of the SCLIWC 2003 Plant Expansion Improvement, the authorization of an increase in the amount of joint and several serial bonds to be used for payment of part of the costs of the Improvement, the expenditures of such additional amounts towards the costs of such Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities to authorize such increase in costs, such increase in the amount of bonds to be issued, and other activities, to reaffirm the delegation to the Treasurer of SCLIWC certain authority to issue such bonds on behalf of the Municipalities, to reaffirm the grant to SCLIWC of certain other powers and authority, and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to immediately cause a copy of this Resolution to be published August 18, 2004 K and posted in accord with law. Open Burning Law: The Board will look this over and bring back their proposals, suggestions and changes at a later date. PWC Lease Agreement: RESOLUTION 04 -146 Resolution re Approval of Supervisor's Execution of PWC Lease with Honda Motors 157 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 181h day of August, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; 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; Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing was offered a lease by Honda Motors for a Personal Watercraft ( "PWC ") for official Town use only, mainly pertaining to law enforcement activities; and WHEREAS, other than miscellaneous expenses, the said lease was without charge, so long as Lansing agreed, inter alia, to pay for all operational expenses, to keep and maintain such PWC in good and serviceable condition, and maintain insurance upon such PWC; and WHEREAS, the Town Board previously discussed and approved the said acquisition of the PWC pursuant to the said lease, but never formally resolved to authorize the Town Supervisor to formally execute such lease; and WHEREAS, Town Counsel had reviewed and approved said lease form, and the Town Supervisor had previously executed the same; and WHEREAS, upon due deliberation and consideration of the above, it is hereby RESOLVED, that all actions of the Town Supervisor in negotiating and executing the said lease with Honda be and are hereby approved, ratified, and adopted in all respects. Audit Resolution: 04- 147 RESOLUTION, offered by Mr. Christopher 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: Voucher Numbers: 737 - 877 PrePay Vouchers: 737 — 742 FUND APPROPRIATIONS General Fund 68,303.80 Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Better Housing or Tompkins County 168,163.27 1,252.86 7,248.23 289.36 16,785.64 158 August 18, 2004 Mi Budget Modification: FROM TO FOR AMOUNT SW1990.400 SW8310.401 To the Engineer Account Vote of Town Board ... (Aye) Mr. Vote of Town Board ... (Aye) Mr. Vote of Town Board ... (Aye) Mr. Vote of Town Board ... (Aye) Mrs Vote of Town Board. . . (Aye) Mr. Approve minutes: Christopher, Councilperson McEver, Councilperson Shattuck, Councilperson . Wilcox, Councilperson Farkas, Supervisor 968.75 A copy of the minutes of July 21, 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. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Minutes of July 21, 2004 are hereby approved as submitted. Carried. BOARD MEMBER REPORTS: Marty Christopher. Inventory Records: Mr. Christopher will inventory and document all records in the basement This will take approximately 200 man - hours. At this time, any duplicated records will be destroyed and documented. Connie Wilcox• Fire Department: Dale Oplinger has resigned to take a paid position in Mount Holly, North Carolina. Alvin Parker is the new secretary for the Board of Fire Commissioners. Mrs. Wilcox stated that the Fire Department needs more responsible people. Bolton Point. The construction of the new addition is way behind schedule. ( about 5 weeks) Doug McEver: I.O. Committee: A meeting was held in Interlaken with 11 members present. More interest is being shown. The network has offered to work with them. Sharon Anderson and Doug McEver will discuss the two organizations coming together. Educational Committee: They have set up $ 2,000.00 in funds to do some infomercials. This will be advertised on Lite 97 and Q Country through the month of August and September. E a August 18, 2004 IV Howard Mills: Howard Mills (who is running for Senator) will be at Gun Hill at 4:30 p.m. Bud Shattuck: Pass Notices: 159 Mr. Shattuck stated the Town Board needs to look at pass notices from the Town Attorney. They are Cemetery regulations, Tattooing regulations and a formal Board that accepts other water districts into the consolidated district. One other ordinance to think about adopting is a noise ordinance. Recreation Department: Andy LaVigne's office ( Town's Auditor) notified the Town Board that they had performed an audit and there were some findings in the Recreation Department. Mr. Christopher stated that this should be taken care of through the Recreation Committee. Steve Farkas: Shawn Griffen- Empire Zone: Shawn Griffen informed Mr. Farkas that the six -month extension is okay. We may have to go back through the resolution process. Advance Design Consulting Inc. There will be an open house for Advanced Design tomorrow at 1:00 p.m. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the meeting be adjourned at the call of the Supervisor at 10:02 p.m. Carried.