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Home My WebLink About2005-07-2018.5 REGULAR TOWN BOARD MEETING Date: July 20, 2005 Time: 6:00 p.m. Place: Lansing Town Hall Boardroom AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — Drainage District #1 — 6:05 p.m. 5. Privilege of the Floor: a.) Lansing Youth Services b.) Anyone wishing to address the Board 6. Cell Tower on Searles Road 7. Engineer's Report 8. Highway Superintendent's Report a.) Bid Opening for Highway Barn Roof 9. Code Enforcement Officer's Report 10. Parks & Recreation Department Report 11, Personnel Committee Report 12, Approve Audit 13. Approve Board Minutes of June 15, 2005 14. Appointments — Lansing Housing Authority 15. Board Member Reports 16, Executive Session in Needed 17, Adjourn Meeting '.1%.66 July 20, 2005 The Town Board met in Regular Session at the Lansing Town Hall Boardroom at 6 :;00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present :Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Jack French, Dick Platt, Jeannine Kirby, Dave Herrick, Mary Searles, Doug Dimitroff, Tom Kirby, Dan Veaner, Jack McNamara, Dave and Marisue Taube, Dave Heck, Sean Whittaker, Ed Goehler. R. Matyas, Bill Bishop, Brian Flannigan, Charlie & Sheila Nedrow, Macaela Cook, Janice Johnson, Carol Willard, Andrea Benson, Linda Schoffel, Debra Bain, John & Pamela Coil, and a couple of other residents. The Supervisor lead all present in'the Pledge of Allegiance. PUBLIC HEARING ON LANSING DRAINAGE DISTRICT NO. 1: 05 -134 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: :RESOLVED, that the Public Hearing on the proposed Lansing Drainage District No. 1 be opened at 6:05 p.m. Carried. Mr. Herrick explained the proposed District and no one voiced any opinions or questions. 05435 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing is hereby closed at 6:04 p.m. Carried. TOWN OF LANSING AS LEAD AGENCY: RESOLUTION 05 -136 Resolution Establishing Lead Agency for SEQRA Review for the Proposed Town of Lansing Drainage District #1 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 20th day of July, 2005, 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 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing, by Resolution dated June 15, 2.005, accepted the dedication of drainage easements and a retention pond parcel located in the Pheasant Meadow Subdivision, all pursuant to an approved and sealed fmal plat, 187 Continued, July 20, 2005 and all as more particularly described in a upon the approved Subdivision Plat filc prepared by T.G. Miller P.C., entitled Subdivision, Located on Pheasant Way, York ", being dated July 23, 2004 (and last proposed Deed of Conveyance and as depicted �d in the County Clerk's office (and a map "Final Subdivision Map, Pheasant Meadow Town of Lansing, Tompkins County, New amended May 23, 2005); and WHEREAS, the proposal consists of creating a special benefit district for the owners of lots in the Pheasant Meadow Subdivision; and WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, ( "NYCW') and is an and is an Unlisted action (though subject to Type I review) pursuant to NYCRR 617.4 and 617.5; and WHEREAS, as there are no other involved agencies, and the proposed action is wholly within the Town of Lansing; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that the Town Board of the Town of Lansing be and hereby is appointed the Lead Agency for purposes of conducting an environmental review of the subject project pursuant to SEQR, and the Regulations promulgated thereunder. DECLARE NEGETATIVE DECLARATION. RESOLUTION 05 437 Resolution re Negative Declaration under SEQR re Drainage District #1 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 20`h day of July, 2005, 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 — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing, by Resolution dated June 15, 2005, accepted the dedication of drainage easements and a retention pond parcel located in the Pheasant Meadow Subdivision, all pursuant to an approved and sealed final plat, and all as more particularly described in a proposed Deed of Conveyance and as depicted upon the approved Subdivision Plat filed in the County Clerk's office (and a map prepared by T.G. Miller P.C., entitled "Final Subdivision Map, Pheasant Meadow Subdivision, Located on Pheasant Way, Town of Lansing, Tompkins County, New York ", being dated July 23, 2004 (and last amended May 23, 2005); and WHEREAS, by Resolution 05 422, dated June 15, 2005, the Town adopted the Map, Plan and Report for the subject district and scheduled a public hearing, which Map Plan and Report specified the boundaries and costs of the proposed district; and WHEREAS, a public hearing in the. matter was duly held by the Board on the 20th day of July, 2005, commencing at 6:05 pm at the Town Hall in the said Town, and upon conducting such public hearing, and hearing all persons spoke for or against such district, and in consideration of all evidence taken there,e Town Board met to duly consider the proposed Drainage District #1; and "18 8 Continued, July 20, 2005 WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR") under Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, ( "NYCRR ") and is an Unlisted action (though subject to Type I review) pursuant to NYCRR 617.4 and 617.5; and WHEREAS, as there are no other involved agencies and the proposed action is wholly within the Town of Lansing, and as the Town Board of the Town of Lansing was duly designated as the lead agency for conducting an environmental review of the proposed project; and WHEREAS, after due notice and publication thereof, the Town Board conducted a public hearing upon the proposed Drainage District SEQRA review at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, on the 20th day of July, 2005, at 6:05 pm, to consider the aforesaid project, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board, having conducted a State Environmental Quality Review and having completed an Environmental Assessment Form, and the Town Board having reviewed the proposal in light of the Town's Zoning and building policies and the Town's Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental impact; and WHEREAS, upon the evidence given at such public hearing, and upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated thereunder, and the Town Board, as lead agency, hereby makes a negative declaration of environmental impact. ESTABLISH DRAINAGE DISTRICT NO. 1: RESOLUTION 05 -138 Resolution Approving Map, Plan & Report for Proposed Town of Lansing Drainage District Number 1 and Establishing the Town of Lansing Drainage District #1, a Special Benefit Improvement District in 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 20th day of July, 2005, 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 Town Board of the Town of Lansing, by Resolution dated June 15, 2005, accepted the dedication of drainage easements and a retention pond parcel located in the Pheasant Meadow Subdivision, all pursuant to an approved and sealed final plat, and all as more particularly described in a proposed Deed of Conveyance and as depicted upon the approved Subdivision Plat filed in the County Clerk's office (and a map prepared by T.G. Miller P.C., entitled "Final Subdivision Map, Pheasant Meadow Subdivision, Located on Pheasant Way, Town of Lansing, Tompkins County, New York ", being dated July 23, 2004 (and last amended May 23, 2005); and �.• Continued, July 20,2005 WHEREAS, the Town Board, by Resolution dated May 18, 2005, resolved to expend public money for the creation of an engineering Map, Plan and Report - the same having been on file at the Town Clerk's Office, and no request for a permissive referendum was filed or received; and WHEREAS, in consideration conducted a SEQRA review of public hearing held upon July address any and all concerns concerns and evidence into environmental impact; and of the potential formation of such district, the Town the proposed action and the district formation, and after a 20, 2005, whereat members of the public were free to in relation thereto, and after hearing and taking such account, the Town issued a Negative Declaration of WHEREAS, as there are no other involved within the Town of Lansing; and agencies and the proposed action is wholly WHEREAS, by Resolution 05 -122, dated June 15, 2005, the Town adopted the Map, Plan and Report for the subject district and scheduled a public hearing, which Map Plan and Report specified the boundaries and costs of the proposed district; and WHEREAS, a public hearing in the matter was duly held by the Board on this 20th day of July, 2005, commencing at 6:05 pm at the Town Hall in the said Town, and upon conducting such public hearing, and hearing all persons who spoke for or against such district, and in consideration of all evidence taken thereat, the Town Board met to duly consider the proposed Drainage District #1; and WHEREAS, the said drainage district was constructed by the developer of the subdivision, and there will be no Town expense for the construction thereof; and WHEREAS, the requirements of General Municipal Law §§ 239 -1 through 239 -n do not apply to this project; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of Article 12 -C and Section 209 -c of the Town Law, and are hereby again approved and adopted as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed district; and it is further RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further RESOLVED AND DETERMINED, that the proposed Drainage District #1 will be constructed to provide stormwater and water drainage service to the Pheasant Meadow Subdivision, and each and all lots therein, and the description thereof as set forth by, in and upon the sealed and filed Subdivision Map is hereby adopted as the boundary description of Drainage District #1; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district to establish the Town of Lansing Drainage District #1; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such district; and it is further RESOLVED AND DETERMINED, that the establishment and formation of Drainage District #1 be and is hereby approved, and that servicing and maintenance thereof be provided for by the Town in the name of said drainage district; and it is finiher .1 9 0 Continued, July 20, 2005 RESOLVED AND DETERMINED, that Drainage District #1 be empowered to acquire any further necessary easements or lands to allow for the maintenance and improvement of the said district, if and whenever necessary, subject to the required funds being made available or provided for by the owner of the property or in accord with applicable laws pertaining to public financing or district improvements or expansions; and it is further RESOLVED AND DETERMINED that such drainage- district extension shall be designated and known as the "Town of Lansing Drainage District #1" and shall be bounded and described as all of the property being identified as the Pheasant Way Subdivision, as afore- described; and it is further RESOLVED AND DETERMINED, that as the proposed improvement, including costs of rights -of -way and construction, have already been paid by the developer, and as construction is complete, and as no public financing or funding is required, the review and approval of the State Comptroller is not required or necessary pursuant to Town Law §209- q(13); nor is the approval of the New York State Departments of State or Audit and Control required; and it is further RESOLVED AND DETERMINED, that the costs of operation and maintenance of the district shall be apportioned equally among all benefited parcels; which costs of operation and maintenance shall be raised by special assessment upon the benefited property; and it is further RESOLVED AND DETERMINED, that this Resolution and the establishment of Drainage District #1 be and hereby are subject to a permissive referendum pursuant to Town Law § 209- q(11); and it is further RESOLVED AND DETERMINED, that the Town Clerk of the Town of Lansing is hereby authorized and. directed, pursuant to Town Law Section 209- q(6)(d), to file a certified copy of this Resolution and Order with the Tompkins County Clerk within 10 days hereof, and to publish the same as required by law. LANSING YOUTH SERVICES: Micaela Cook, Carol Willard, Andrea Benson and Janice Johnson handed out the 2004 Annual Report for the Youth Services. They also gave an over all view of the programs and the budget. They asked the Town Board for their help in coming up with an extra 1,297.00 for youth payment for the fall season as the minimum wage went up. The Board discussed this and offered the following resolution: RESOLUTION 05 -139 Resolution Establishing a Public Hearing for Appropriation for Increased Funding to Lansing Youth Services 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 20th day of July, 2005, 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 Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Lansing Youth Services ( "LYS ") provides a valuable benefit to the residents of the Town of Lansing; and 191 Continued, July 20, 2005 WHEREAS, due to an unbudgeted increase in wage programs for youth arising from an increase in minimum wage requirements, the LYS has a budgeted shortfall, and without additional support form the Town, LYS will have to drastically reduce the number of paid hours that may be provided for the employment of Lansing youths; and WHEREAS, money for LYS expenses and support is a budgeted line item, and the request of LYS will cause the expenditure of funds in excess of the approved budgeted line item; and WHEREAS, the Town Board believes it is in the best interest of the Town to amend the budget to provide an additional $1,300.00 to LYS for the fiscal year 2005, pending confirmation that such funds are available in the general budget; and WHEREAS, after a review and discussion of each of the foregoing premises, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of August, 2005, at 6:05 o'clock P.M., to consider the aforesaid amendments to the Town's approved FY 2005 Budget and to allocate and pay such additional funds, 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, be and hereby is 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. PROPOSED CELL TOWER ON CONLON ROAD: Mr. Christopher stated that after 6 or 7 months, he feels they finally have been provided with sufficient information to make an intelligent decision. Mr. McEver asked if the top of the tower could be painted a power blue or a color, which would help it, blend into the sky. The following resolution was then offered: RESOLUTION 05 -140 Resolution Approving Cingular Application for Cell Tower and Approving Site Plan and Special Permit Therefor 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 20th day of July, 2005, 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 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, a petition and application has been made and filed by Cingular for a permit to place a cell tower within the Town of Lansing; and WHEREAS, the construction proposed consists of the installation of a 180 + /- foot cell tower upon Searles Road, and all appurtenances thereto, including an access roadway, fencing, and utility structures, all in accord with a map and plan contained within Engineering Drawings filed with the Town Clerk upon November 8, 2004; and WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and 1.9 Continued, July 20, 2005 Part 617 of the New York Codes, Rules and Regulations, (' NYCRR") and is a Type I action pursuant to NYCRR 617.4; and WHEREAS, a public hearing was duly held, after proper notice and publication, on December 15, 2004, which public hearing was continued upon January 19, February 16, March 16, April 13, and May 18, 2005, whereas interested members of the public could comment upon the proposal, and whereas evidence was heard for and against such proposal; and WHEREAS, as there are no other involved agencies and the proposed action is wholly within the Town of Lansing, and as all interested agencies were notified (and none asked to be the lead agency, nor objected to the Town of Lansing acting as the lead agency), the Town Board of the Town of Lansing was duly designated as the lead agency for conducting an environmental review of the proposed project; and WHEREAS, after due notice an publication thereof, the Town Board conducted a public hearing upon the proposed cell tower SEQRA review at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, on the 15th day of June, 2004, to consider the aforesaid project, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board, having conducted a State Environmental Quality Review and having completed an Environmental Assessment Form, and the Town Board having reviewed the proposal in light of the Town's Zoning and building policies and the Town's Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental impact by Resolution dated June 15, 2005; and WHEREAS, the application was reviewed in light of and under the Town of Lansing's Cell Tower Ordinance; and WHEREAS, the Town Board and the Planning Board carefully reviewed the site plans, the construction drawings, the current and future levels of service and expected future demands in and for the Town, the site chosen (including consideration of alternative available sites and the engineering feasibility thereof), the ability for present and future co- location, the equipment maintenance and inspection schedules, the fall zones, the underlying lease and easement rights of the applicant, the structural capacity of the proposed structure, the appearance of the proposed tower and alternatives thereto, buffering and security, detailed line -of -sight impacts, uses of the site appurtenant to the tower and the effects upon the neighborhood from such traffic and other uses, access and parking, the future removal of the tower from obsolescence or non -use and the bond related thereto; and all other factors set forth in the said ordinance, or as required to be reviewed under SEQRA, and even factors beyond and in addition thereto; and WHEREAS, the Planning Board approved the site plan, subject to review by the Town Board under the additional requirements of the Town's ordinance; and WHEREAS, the Town Board has had all required input from the Town Engineer and Town Counsel; and WHEREAS, the County Planning Board was duly notified of all information gathered in relation hereto and actions taken in connection herewith, including the EAF and matters considered under SEQRA, and the County having returned its comments pursuant to GML §§ 239 -1 and 239 -m, and upon said comments and concerns being duly considered, and the County Planning Board having expressed no objection to the project; and WHEREAS, in consideration of each and all of the foregoing, and upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that the Resolution appointing the Town Board of the Town of Lansing as Lead Agency (Resolution Number 05 -127) is hereby re- adopted, ratified and re- confirmed; and it is further Continued, July 20, 2005 RESOLVED, that upon re- consideration of the public hearing and all comments, concerns, and evidence considered and/or taken thereat, and upon re- consideration of the EAF Long Form, and all matters required for review under SEQRA, the Town Board of the Town of Lansing re- adopts, ratifies and re- confirms its Resolution finding and declaring a Negative Declaration of environmental impact (Resolution Number 05 -126), and hereby further declares and finds a Negative Declaration of environmental impact; and it is further RESOLVED AND DETERMINED, as follows: 1. That the cell tower is necessary to meet current and reasonably expected demands for services; and 2. That the proposed cell tower complies with all State and Federal laws and regulations, including those promulgated by the FCC, the FAA, and other agencies having jurisdiction; and 3. That the cell tower is deemed a necessary public utility that will provide necessary public utility (telecommunications) services to the Town and its residents; and 4. That the proposal for construction, operation, and maintenance complies with the requirements of the Town's Ordinance, and that Cingular has met all required criteria thereunder; and 5. That the site chosen and proposed is the most appropriate site among those sites available within the technically feasible area; and 6. The tower will allow for, provides for, and is designed for (and will accommodate) co- Iocation by at least two other potential telecommunication service providers without need to increase the height of the tower; and 7. That by regulation and contract, Cingular will allow for co- location; and 8. That a proper fall zone exists; and 9. That the required setbacks and yardage exist; and 10. That necessary fencing, security and screening have been provided for; and 11. That adequate parking and access has been provided for; and 12. That the application and the EAF were both substantially and correctly completed; and 13. That a removal bond has or will be provided prior to issuance of any building permit; and it is further RESOLVED, that the Town board hereby fixes the amount of the removal bond as $25,000.00; and it is further RESOLVED, that the site plan, permit, and application be and hereby are approved, and upon compliance with the terms of the ordinance relative to obtaining a building permit, the Town Code Enforcement Office may issue the same. DAVE HERRICK — TOWN ENGINEER: Algerine — Lansing Station Road Extension: Mr. Herrick gave the Board updated figures for the proposed district and stated that the figure for the fall of 2004 was 507.00 and is now $ 549.00. Mr. Herrick stated that the report will need to be finalized and a Public Hearing set up. This can be done at the next regular meeting. RESOLUTION 05441 193 N Continued, July 20, 2005 RESOLVED, that upon re- consideration of the public hearing and all comments, concerns, and evidence considered and/or taken thereat, and upon re- consideration of the EAF Long Form, and all matters required for review under SEQRA, the Town Board of the Town of Lansing re- adopts, ratifies and re- confirms its Resolution finding and declaring a Negative Declaration of environmental impact (Resolution Number 05 -126), and hereby further declares and finds a Negative Declaration of environmental impact; and it is further RESOLVED AND DETERMINED, as follows: 1. That the cell tower is necessary to meet current and reasonably expected demands for services; and 2. That the proposed cell tower complies with all State and Federal laws and regulations, including those promulgated by the FCC, the FAA, and other agencies having jurisdiction; and 3. That the cell tower is deemed a necessary public utility that will provide necessary public utility (telecommunications) services to the Town and its residents; and 4. That the proposal for construction, operation, and maintenance complies with the requirements of the Town's Ordinance, and that Cingular has met all required criteria thereunder; and 5. That the site chosen and proposed is the most appropriate site among those sites available within the technically feasible area; and 6. The tower will allow for, provides for, and is designed for (and will accommodate) co- Iocation by at least two other potential telecommunication service providers without need to increase the height of the tower; and 7. That by regulation and contract, Cingular will allow for co- location; and 8. That a proper fall zone exists; and 9. That the required setbacks and yardage exist; and 10. That necessary fencing, security and screening have been provided for; and 11. That adequate parking and access has been provided for; and 12. That the application and the EAF were both substantially and correctly completed; and 13. That a removal bond has or will be provided prior to issuance of any building permit; and it is further RESOLVED, that the Town board hereby fixes the amount of the removal bond as $25,000.00; and it is further RESOLVED, that the site plan, permit, and application be and hereby are approved, and upon compliance with the terms of the ordinance relative to obtaining a building permit, the Town Code Enforcement Office may issue the same. DAVE HERRICK — TOWN ENGINEER: Algerine — Lansing Station Road Extension: Mr. Herrick gave the Board updated figures for the proposed district and stated that the figure for the fall of 2004 was 507.00 and is now $ 549.00. Mr. Herrick stated that the report will need to be finalized and a Public Hearing set up. This can be done at the next regular meeting. RESOLUTION 05441 193 194 Continued, July 20, 2005 Resolution Authorizing Emergency CO for Reach Run Improvements 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 20th day of July, 2005, 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 certain owner of property along Reach Run was issued building and water permits, and has constructed a residence in which there is an immediate need for occupancy; and WHEREAS, it was discovered that the permits should not have been issued as this land, formerly owned by Cornell University and approved for subdivision, was adjacent to water mains and the Consolidated Water District ( "CWD "), but not technically within the CWD; and WHEREAS, due to rights of estoppel and in the interests of fairness, and due to a scheduled closing and occupancy of the home, the owner has requested that an emergency Certificate of Occupancy be issued, but subject to certain terms and conditions herein stated and upon which the owner has agreed; and WHEREAS, the final water installation was inspected and approved by Bolton Point and is in good working Order, and the residence in all other respects qualifies for a Certificate of Occupancy; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED, that the Code Enforcement Office be and hereby is directed to issue a Certificate of Occupancy (without conditions) for the subject property for the improvements at 106 Reach Run (Town of Lansing Tax Map Parcel Number 36.-1- 15.24); and it is further RESOLVED, that the Town hereby acknowledges that the owner has agreed, and shall agree in writing upon forms to be hereafter drawn by the Town's Counsel, that if, for any reason, the property is not brought into the CWD, by back lot extension or otherwise, that the connection to the CWD will be removed and a well dug to service the property with water. RESOLUTION 05 -142 Resolution Authorizing Map, Plan & Report for CWD Extension (Cornell Subdivision) and Further Resolution Setting Public Hearing Upon CWD ]E 1i%n and' Further Resolution Setting Public Hearing for SEQRA Review 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 20th day of July, 2005, the following 195 Continued, July 20, 2005 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 Martin Christopher, 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, Cornell University was the owner of a certain piece and parcel of land (then TP # 35.4-15.2) upon which a 4 -Lot Major Subdivision was approved — creating 2 lots on Reach Run and 2 lots on Teeter Road; and WHEREAS, said lots are not within the Town of Lansing Consolidated Water District ( "C WD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires and amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board must make an appropriation to pay for the proposed extension map, plan and report, which map, plan and report must comply with the requirements of Town Law § 209 -c; and WHEREAS, in consultation with the Town Engineer, the estimated costs of the map, plan and report will not exceed $3,000.00; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED, that the appropriation for the preparation of the CWD extension map, plan and report be and hereby is approved in an amount not to exceed $3,000.00; and it is further RESOLVED, that the Town Engineer be and hereby is authorized to prepare the map, plan, and report in accord with the requirements of Town law § 209 -c, and to file the same once completed with the Town Clerk; and it is further RESOLVED, that this Resolution and the appropriation made hereby be and are subject to a permissive referendum under and pursuant to Town Law Article 7 and Town Law § 209 - b; and it is further RESOLVED, that the Town Clerk publish and/or post a copy of this Resolution as required by law within 10 days hereof; and it is further 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 17th day of August, 2005, at 6:10 o'clock P.M., to consider the aforesaid Consolidated Water District extension, 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 a concurrent Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of August, 2005, at 6:10 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid Consolidated Water District extension, 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 181•] Continued, July 20, 2005 RESOLVED, that the Town Clerk of the Town York, be and hereby is authorized and directed to published in the official newspaper of the Town thereof on the Town signboard maintained by the I required by §209 -c of the Town Law (not less than such public hearing) and SEQRA. of Lansing, cause a cop of Lansing, 'own Clerk, 10 days nor JACK FRENCH — HIGHWAY SUPERINTENDENT, Town Barn Roof: Tompkins County, New y of this Resolution to be and also to post a copy in accord with law and as more than 20 days before A discussion was held regarding the three bids that were opened at 2:00 p.m. today for a new roof on the Highway Garage. All bids came in over budget. The Board asked Mr. French to go back to each of the bidders and ask exactly what their price included as there seemed to be some confusion in the specifications. Murfield Drive Extension: Mr. French informed the Board that he has looked over the extension and recommended the Board accept it. The following resolution was then adopted: RESOLUTION 05 -143 Resolution Conditionally Approving Dedication of Roadways for Murfield Drive Subdivision (Hicks/Hickory Knoll) 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 20th day of July, 2005, 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 Town Board of the Town of Lansing has received a request for the dedication of a roadway to the Town of Lansing, being denominated as the Murfield Drive Extension in the Hickory Knoll Subdivision, all pursuant to an approved and sealed final plat, together with turnaround, all as more particularly described in a proposed Deed of Conveyance and as depicted upon the approved Subdivision Plat filed in the County Clerk's office (and a map prepared by Timothy C. Buhl, P.C. entitled "Proposed Road and Water Extension" (Hickory Knoll, Phase II, Town of Lansing, being dated July 30, 2004 (and last amended September 1, 2004); and WHEREAS, the Town Engineer and the Town Highway Superintendent of the Town of Lansing have reviewed the plans for construction for the road and have made inspection of the construction in progress and the completed construction, and are satisfied with the condition of the road, and recommend acceptance of the dedication of such road; and WHEREAS, the Town Attorney of the Town of Lansing has reviewed the proposed Deed of Dedication, the descriptions therein, and has reviewed all related materials, and is satisfied that the developer possesses good and sufficient title thereto; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to accept, on behalf of the Town of Lansing, the dedication of the Murfield 197 Continued, July 20, 2005 Drive Extension in the Hickory Knoll Subdivision as a public roadway, subject to the following conditions: 1. That the Town Attorney review and accept all documents, and the language therein, for such dedication; and 2. That Bolton Point receive as-built diagrams and issue a final approval, with the developer to perform any additional site or installation work or drawing amendments that Bolton Point may request or require; and it is further RESOLVED, that upon satisfaction of the above conditions, the Town Supervisor be and hereby is authorized to execute such documents as are necessary to allow the developer to record the dedication in the Office of the Tompkins County Clerk, all subject to the final approval of the Town Attorney; and it is further RESOLVED, that the acceptance for dedication of all such roadways is and remains subject to the two year guarantee of the road by the developer, with the two year time period to run from the time of recording of the Deed of Dedication. Pheasant Way Pump House: Mr. French informed the Board that the building was in place and should be up and running by the end of August or the first part of September. Hhthway Superintendent School: Mr. French will be attending school in Lake Placid in September. This expense is in the 2005 budget. Pheasant Way turn - around: The Board all agreed that the temporary turn- around was no longer needed, therefore, the following resolution was offered: RESOLUTION 05 -144 Resolution Abandoning "Turnaround" to Mehringer re Pheasant Way At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of July, 2005, 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 Final Subdivision Plat for Grandview Drive showed that a certain turnaround located upon Pheasant Way was to be a temporary roadway, existing until the extension of Pheasant Way, with such turnaround to be thereafter abandoned to a specified lot owner; and WHEREAS, Pheasant Way has been extended and the roadway duly dedicated to the Town; and WHEREAS, due to a recording error in a Deed to Vincent Mehringer relating to Town of Lansing Tax Map Parcel Number 40. -3 -33.1, the said right of reversion running in favor 190 Continued, July 20, 2005 of said Mehringer was never recorded, even though shown upon the approved Final Plat; and WHEREAS, pursuant to Town Law § 279(4)(a) and Highway Law § 207, the Town may abandon such property to the landowner who was supposed to obtain the property as set forth in the subdivision plat; and WHEREAS, the Town Superintendent of Highways and the Town Supervisor have each determined that such turnaround, being a portion of a highway or street not within the limits of an incorporated village, is unnecessary for highway or other public purposes; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED AND ORDERED, that the turnaround located in the northeast corner of Mehringer's property, adjacent to Lansing Tax Map Parcel Number 40. -3 -33.1, be and hereby is ordered abandoned to said Vincent Mehringer, and the Town's Counsel is directed to prepare and deliver to said Mehringer such documents as may be necessary to transfer title thereto, all subject to Mehringer's payment of all filing fees for such transfer. 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 8 but down in project costs by $ 160,225.00. Springbrook Circle: Mr. Platt stated that most of the people that are still living in Springbrook Circle would be moved out be the end of the month. He will keep the Board up dated on this problem. STEVE COLT — RECREATION DIRECTOR: Mr. Colt was absent but left the following monthly report with the Board Members: Parks & Recreation bepartment Town Board Meeting July 20, 2005 RECREATION • Summer Travel Teams: This season we have two 10U and two 12U boys' baseball teams. We have two 12U and two 18U softball teams. We also have one Prep; two Babe Ruth and one Leg, ion Baseball teams. All teams have enjoyed a lot of success and their seasons will inish at the end of July or the first week in August. • We have over 25 different camps or programs running this summer at various times and places (all listed in our Summer Program Book). We have had a great response. • Our Fall Program booklet was put into the schools just before the end of classes in June. So far, the registration for these programs has been slow. This is fairly typical as most are still very involved with summer activities. We are of fering Fall Soccer, Introduction to Cheerleading, Small Fry Cheerleading, Horse Riding Camp, Small Fry Football, Flag. Football and Dance Classes. 199 Continued, July 20, 2005 • Summer Movies: Our summer movies were offered on July 1, 8F 15. We battled the weather again this year on 2 of the 3 dates. We plan to continue these in the future, because when the weather IS GOOD they are a lot of fun and they are FREE! • SR. Open Swim: For the first time we are offering our SR Open Swim program in the summer. We had so many requests that we decided to give it a try and expect a big turn out. Our Cardio Step class is also continuing during the summer per requests. • Credit Card Sales: Our credit card sales have been well above our expectations. Our sales from February when we started through June 30'' are $33,399.00. We have done $1,663.00 in sales in this month of July. PARKS • Myers Park has been very busy so far this summer with camping, pavilions, boating and youth camps. • Camping at Myers: The month of July almost totally sold out. So far this season, as of 7/19/05 we have sold 1,287 nights of camping. We have received many compliments about the facility and requests to reserve sites for next year already. We will not make any reservations for next year now and have some decisions to make about several issues, prior to next year. • Season Launch permits: This season we have sold over 100 season launch permits and people are still purchasing. • Concession Stand: The concession stand has been open for business since Father's Day. We have had a lot of positive comments about it. It was open only on weekends and now has expanded opening for some weekday hours too. Everything is selling well on the weekends from soft ice -cream to hot foods etc. • Space Ropes: Our new 'Space Ropes" playground area is now open. It is a very interesting spider web looking climbing structure. We have also used ground up vibram shoe soles as the safety material for under the structure. It all looks great! • Concert Series: We have had 3 concerts with 4 more to go. Our concert goers really do enjoy this entertainment in the park. The move to Sunday afternoons has been good. In general, the park is much more filled on a Sunday than a Thursday night. • Tree Planting Program: We plan to continue to improve the overall landscape of the Park. We are removing old overgrown shrubs and plan to replace them with new lawn and plant trees to cover for the old trees that have come down or will be coming down in years to come. Mr. Shattuck stated that the Personnel Committee was not ready to make a recommendation regarding post retirement insurance at this time. He stated that there is a need for a domestic partner clause in the Town's policy and that it will be discussed by the Personnel Committee. The Committee discussed the Town paying for and making it mandatory that all employees have a yearly physical. The Board and Town Attorney did not agree with this, as they did not feel the Town could make this mandatory. The Board agreed not to have Mr. Krogh look into this matter any further. AMTEK PROPOSAL: 100 Continued, July 20, 2005 Mr. Farkas informed the Board that Amtek has made a proposal to keep the Town updated. This will be discussed during the budget process, as the amount would be $ 4,800.00 for the year 2006. AUDIT. 05445 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: Vouchers: 590-758 Prepay Vouchers: 590-604 General Fund Highway Fund Lansing Lighting Lansing Water Districts Better Housing For Tompkins County Trust and Agency MODIFICATIONS: X 136,802.89 104,256.14 1,113.87 28,848.65 38,956.12 29,258.82 A1220.400 A1220.200 Windows Conversion - Acct.& Payroll 600.00 A1990.400 A5132.405 Roof Analysis for Solar Panels -Hwy Garage 21411.00 A1990.400 A5132.410 Replace Hwy Septic System 1,508.90 A1990.400 A8989.110 Payroll Adj. To cover Darby's portion 5,000.00 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: A copy of the Minutes of June 15, 2005, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as offered: 05 -146 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of June 15, 2005 are hereby approved as submitted. Carried. HOUSING RESOLUTION 05 -147 Resolution Appointing Board Members to Lansing Housing Authority 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 20th day of July, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, 201 Continued, July 20, 2005 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 currently has 2 vacancies 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, Barbara Bills and Susan Mehr have been nominated for appointment to such Board; and WHEREAS, Barbara Bills and Susan Mehr have accepted such nominations; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that Barbara Bills and Susan Mehr be and hereby are appointed to the Lansing Housing Authority for completion of 5 -year terms, with such terms to each commence July 20, 2005 and terminate upon June 30, 201. 0, and to serve thereupon at the pleasure of the Town Board of the Town of Lansing. BOARD MEMBER REPORTS Marty Christopher. Technology Committee. Mr. Christopher stated that he was glad regarding the good response to the computer courses. Connie Wilcox: Lansing Housing Authority: The Annual Meeting will be held at Woodsedge on Monday at 7 p.m. Mrs. Wilcox invited the Board to attend. Doug McEver: WRC: At the last meeting the talk was about the floating classroom. Historical Building: The job is coming in about $ 1,000.00 less than expected. Bud Shattuck. 0 Village of Lansing: There has been no report from the Village of Lansing on their portion of the sewer. He did not feel this was a good sign. Town Board's support of the I.O.: RESOLUTION 05448 202 Continued, July 20, 2005 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 20th day of July, 2005, 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 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 is currently chairing the IO; and WHEREAS, the Town manages and administers the IO; and WHEREAS, the Town provides office space and administrative support to the IO Project Manager; and WHEREAS, after a 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 supports the application for funding submitted to the NYS Department of State under the Local Waterfront Revitalization Program, Environmental Protection Fund Year 2005 -2006, and supports the continued position of Project Manager. SPCA: Mr. Shattuck informed the Board that another person has resigned their position at the SPCA. He asked Mr. Krogh, who is on the SPCA Board to look into this problem. Enforcement Committee: The committee met and a couple of the things that were discussed were dogs and the problem of on going garage sales. Paying a portion of Darby Kiley's salary: RESOLUTION 05 -149 Resolution Providing for Disbursement of Budgeted Money for Project Manager.Support for Cayuga Lake Watershed Intermunicipal Organization 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 20th day of July, 2005, 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 203 Continued, July 20, 2005 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 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 is currently chairing the IO and manages and administers the IO; and WHEREAS, the Town provides office space and administrative support to the IO Project Manager and has provided funding for such position in its approved annual budget; and WHEREAS, after a review and discussion of each of the foregoing premises, the Town Board of the Town of Lansing has hereby RESOLVED, the $5,000.00 be allocated and paid to the IO for Project Manager salary and wages for July 1 through December 31, 2005, and supports the continued position of Project Manager, Town Hall Security: Mr. Farkas stated that there has been some security problems in the Town Hall and asked the Board for their approval to have the locks changed. The Board agreed and the following resolution was adopted: RESOLUTION 05 -150 Resolution Authorizing Supervisor to Change All Building Locks 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 20th day of July, 2005, 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 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board has been made aware that unauthorized access to Town Offices has occurred; and WHEREAS, the Town Board has determined that the security and safety of Town Records is of vital importance; and WHEREAS, as a result of such incidents of unauthorized access, the Town has obtained estimates for the costs of re- keying the Town Hall, with the cost thereof to be approximately $400.00; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor be and hereby is authorized to hire a locksmith to change all internal and external locks in the Town Hall, subject to the requirement that not more than $500.00 be so expended; and it is further L.04 Continued, July 20, 2005 RESOLVED, that employees with a need for access to the Town Hall be given keys to the external doors, and that only authorized individuals shall have keys to individual Town Offices; and it is further RESOLVED, that one master key for each door shall be kept in the Town Clerk's vault and one master key for each door shall also be kept in the Town Supervisor's vault for emergency use or access by authorized personnel only; and it is further RESOLVED, that the Supervisor be authorized to formulate such other or different written management plans for access to the Town Hall and Town Offices, the locking and security thereof and access to the keys therefor, as in the future are deemed appropriate and in the best interests of the Town. DEC: Mr. Farkas informed the Board that they were in their final stages of a lease agreement between the Town and the DEC for the Salt Point area. Mr. Krogh stated that the DEC agreed with about 80% of what the Town asked for and felt good about it. GUY KROGH. FOIL Mr. Krogh asked the Board to set a Public Hearing to make amendments to Local Law No. 4 of 2004. RESOLUTION 05 -151 Resolution Setting Public Hearing for Amendments to Local Law #4 of 2004 (FOIL) 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 20th day of July, 2005, 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, in May 2005 the Public Officers Law of the State of New York was amended, thus amending certain requirements relative to FOIL; and WHEREAS, to continue compliance with such requirements, the Town needs to amend :Local Law #4 of 2004, the Town's FOIL Local Law; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED, that the following amendments to Local Law #4 of 2004 be considered for adoption: (1) that the RAO be required ,to grant or deny any FOIL request within 5 days, or if an answer 'is not reasonably passible within days, then an acknowledgement of the FOIL request be made within 5 days together with a specification as to the date when the FOIL request will be granted or denied,° which date may not be more than 20 days from the date of such acknowledgement (unless compliance within 25 days is unreasonable given the nature of the requd.st); (2) to specify that all responses granting any FOIL request state the date upon which such records will be available for review; and (3) that mill FOIL requests be responded to as promptly as is reasonable; and it is further 205 Continued, July 20, 2005 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 17th day of August, 2005, at 6:07 o'clock P.M., to consider the aforesaid amendments to Local Law #4 of 2004, 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, be and hereby is 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. 05452 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at 8:26 p.m. to go into Executive Session to discuss a personnel issue. Carried. 05-153 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:42 p.m. Carried. 05454 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the meeting be adjourned at the call of the Supervisor at 8:43 p.m. Carried. Minutes taken and executed by the Town Clerk.