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HomeMy WebLinkAbout2005-08-17r REGULAR TOWN BOARD MEETING Date: August 17, 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 — 6:05 p.m. — Increase Funding to Lansing Youth Services 5. Public Hearing — 6:07 p.m. — FOIL Amendment 6. Public Hearing — 6:10 p.m. — Water District Extension 7. Privilege of the Floor: a) Anyone wishing to address the Board 8. Engineer's Report 9. Highway Superintendent's Report 10. Code Enforcement Officer's Report 11. Parks and Recreation Department Report 12. Approve Audit 13. Approve Minutes of July 20th and August 5th 14. Board Member Reports 15. Executive Session if Needed 16. Adjourn Meeting dog A10 August 17, 2005 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room 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 Farkas 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 McNamara, Matt Besemer, Dave Veaner, Linda Schoffel, Dawn Kleeschulte, Leslie Spurgin, David Heck, Susan Schuster, Diane and Dick Shafer, Brian Flannigan, Reenie Sandsted, David Taube, Ron Bowman, Robert Matyas, Marisue Taube, Jack French and Dave Herrick. The Supervisor lead all present in the Pledge of Alegiance. Public Hearing — Increase Funding to Lansing Youth Services: 05 -157 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the increase in funding to Lansing Youth Services is hereby opened at 6:05 p.m. Carried. 05 -158 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:06 p.m. Carried. APPROVAL OF INCREASE IN FUNDING TO LANSING YOUTH SERVICES: RESOLUTION 05 -159 Resolution Authorizing Supplemental Budget Allocation 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 17th day of August, 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 Mr. McEver, and was duly seconded by Mrs. 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 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 ,A Continued, August 17, 2005 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, no further appropriations are required to provide such additional funding as line -item transfers and reserve funds can meet this need; and WHEREAS, after due notice thereof, the Town held a Public Hearing at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 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 WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearing; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Budget Officer and /or Assistant Budget Officer be and hereby are authorized to transfer $1,300.00 to the LYS budget line item, and to allocate and deliver such funds to LYS, but only so long as such line item increase and such funding do not require any modification of the 2005 approved budget totals. 05 -160 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver: RESOLVED, that the Public Hearing on proposed FOIL amendments is hereby opened at 6:07 p.m. Carried. 05 -161 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that no one appeared voicing any comments, the Public Hearing was closed at 6:08 p.m. Carried. RESOLUTION APPROVING FOIL AMENDMENTS: RESOLUTION 05 -162 Resolution Amending Local Law Number 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 17th day of August, 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 Mrs. Wilcox, and was duly seconded by Mr. Shattuck; 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 0)� // d to Continued, August 17, 2005 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, the following amendments to Local Law #4 of 2004 were 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 possible within 5 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 request); (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 all FOIL requests be responded to as promptly as is reasonable; and WHEREAS, after due notice thereof, a Public Hearing was 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 WHEREAS, upon consideration of the evidence and matters discussed and/or considered at such public hearing; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that Local Law Number 4 of 2004 (FOIL) be and hereby is amended by amending and replacing Section 8 thereof, and substituting the following therefor as Section 8 of such Local Law: "Section 8. Requests for Public Records Written requests for records are required. The records must be identified or described with sufficient particularity so as to allow the RAO to locate and identify the records sought. "Sufficient particularity" generally includes information regarding applicable dates, file designations, and the Town office, officer, or body that made such record, and /or similar identifying information. A response shall be given regarding any request reasonably describing the record or records sought within 5 business days of receipt of the request. If the RAO does not provide or deny access to the record sought within 5 business days of receipt of a request, the RAO shall, within said 5 days, furnish a written acknowledgment of receipt of the request and a statement of date when the request will be granted or denied, which date of granting or denying the request shall not be more than 25 days from the date of the FOIL request. The records requested shall be made available upon such date so stated, unless, despite due diligence, it is not reasonably possible to produce the requested records within such 25 days, and in such event, the records shall be made available as soon as is reasonably possible. All FOIL requests shall be responded to as promptly as is reasonable, and all notices or other communications granting any FOIL request shall specify the date and time when the records will be made available." and as so amended, this amended Section 8 be and is hereby adopted and incorporated into Local Law Number 4 of 2004 as Section 8 thereof. INT DICK PLATT AS RECORDS ACCESS OFFICER: RESOLUTION 05 -163 Resolution Appointing Dick Platt, Code Enforcement Officer, as Records Access Officer Under FOIL (Local Law Number 4 of 2004) 213 Continued, August 17, 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 17th day of August, 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: y WHEREAS, Local Law Number 4 of 2004 (FOIL), at Section 4, provides for the appointment of one or more Records Access Officers ( "RAO "); and WHEREAS, the Code Enforcement Office receives numerous FOIL requests annually, and given the expertise and knowledge of those requests, it makes sense to appoint a representative of the Codes Office as a RAO; and WHEREAS, after due notice thereof, a Public Hearing was 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 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 WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearing; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that Dick Platt be and herby is appointed as a RAO under Local Law Number 4 of 2004 (FOIL); and it is further RESOLVED, that Local Law Number 4 of 2004 (FOIL) be and hereby is amended by amending and replacing Section 4 thereof, and substituting the following therefor as Section 4 of such Local Law: "Section 4. Designation and Duties of Records Access Officers The Town of Lansing is responsible for insuring compliance with the regulations herein. The Town designates the Town Clerk and the Code Enforcement Officer as the Town's records access officers (each herein a "RAO "). The RAO is responsible for insuring appropriate agency response to public requests for access to records. The RAO shall insure that Town personnel: (a) maintain an up -to -date subject matter list; and (b) assist the requester in identifying requested records, if necessary; and (c) upon locating the records, take one of the following actions: (i) make records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reasons therefor." and as so amended, this amended Section 4 be and is hereby adopted and incorporated into Local Law Number 4 of 2004 as Section 4 thereof. G AGENCY: RESOLUTION 05 -164 Resolution Establishing Lead Agency for Environmental Impact Review Regarding Expansion of Consolidated Water District for the 4 lots of the Cornell Subdivision ?14 Continued, August 17, 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 17th day of August, 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, Cornell University was the owner of a certain piece and parcel of land (then TP # 35. -1 -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 ( "CWD "); 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, by Resolution dated July 20, 2005 (Resolution Number 05 -142) the Town duly authorized the expenditure of funds therefor; 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 opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has 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 and environmental review of the subject project pursuant to SEQR, and the Regulations promulgated thereunder. 05465 RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on the proposed Water District Extension is hereby opened at 6:14 p.m. Carried. 05 -166 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Christopher: RESOLVED, that no one appeared voicing any comments, the Public Hearing was closed at 6:16 p.m. Carried. APPROVING NEGATIVE DECLARATION: RESOLUTION 05 467 Resolution Making Negative Declaration of Environmental Impact Regarding Expansion of Consolidated Water District for the 4 lots of the Cornell Subdivision 1 M 1 Continued, August 17, 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 17th day of August, 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, Cornell University was the owner of a certain piece and parcel of land (then TP # 35. -1 -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 ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an 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, 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 opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, after due notice thereof, a Public Hearing was 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 CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, after due notice thereof, a concurrent Public Hearing was 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 CWD extension, 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 proposed project is wholly within the Town of Lansing and there are no interested or involved agencies, and by Resolution dated August 17, 2005 (Resolution Number 05 -164) the Town Board of the of Lansing was declared as the Lead Agency for environmental review; and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has 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 APPROVE EXPANSION OF THE WATER DISTRICT: RESOLUTION 05 -168 215 ?16 Continued, August 17, 2005 Resolution Conditionally Approving the Expansion of the Consolidated Water District 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 17th day of August, 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, Cornell University was the owner of a certain piece and parcel of land (then TP # 35. -1 -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 ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an 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, by Resolution dated July 20, 2005 (Resolution Number 05 -142) the Town duly authorized the expenditure of funds therefor; and 0 WHEREAS, the appropriation for the Map, Plan and Report was and remains subject to a permissive referendum under and pursuant to Town Law Article 7 and Town Law § 209 -b, and the 30 day filing period for a permissive referendum expires August 20, 2005; and WHEREAS, after due notice thereof, a Public Hearing was 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 CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, after due notice thereof, a concurrent Public Hearing was 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 CWD extension, 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 of the Town of Lansing, as Lead Agency, declared a Negative Declaration after conducting a SEQRA review, by Resolution dated August 17, 2005 (Resolution Number 05 -167); and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby Continued, August 17, 2005 RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of Article 12 -A and Section 209 -c of the Town Law, and are hereby 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 CWD Expansion will be constructed to provide municipal water to the Cornell Subdivision (as afore - described), 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 CWD Expansion; 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 CWD expansion; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such expanded district; and it is further RESOLVED AND DETERMINED, that the establishment and formation of the expanded CWD be and hereby is approved effective August 21, 2005 (but only so long as no permissive referendum is required relative to Resolution 05 -142); and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is adopted as of August 21, 2005 subject to the permissive referendum requirements of Town Law § 209 - e and Town Law Article 7; and it is further RESOLVED AND DETERMINED, that servicing and maintenance of such expanded CWD be provided for by the Town in the name of said district after construction, completion and hook -up by the applicants; and it is further RESOLVED AND DETERMINED, that as the proposed improvement, including costs of rights -of -way and construction, have already been paid and will be paid by the applicants, 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 -f; 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 Town Clerk of the Town of Lansing is hereby authorized and directed (1) pursuant to Town Law Section 209 -e(4), to file a certificate as to whether a referendum was required, or alternately, the results of any referendum conducted, and (2) to publish this Resolution as required by law. AUDITORS REPORT: Mr. Patrick Jordan and Lesley Horner from Ciaschi, Dietershagen, Little, Mickelson & Company gave an overview of the Executive Summary they performed for the Town of Lansing. Mr. Jordan went over the Executive Summary and Lesley Horner went over the GSAB statements. ENGINEER'S REPORT: r ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Algerine and Lansing Station Road Extension • Review the draft Engineer's Report. • Comparison of proposal with the January 2004 policy. I WN Continued, August 17, 2005 • Pursue a revised point score with NYSEFC Drinking Water Revolving Loan Fund. • After some discussion, it was decided that the residents be invited to a public informational meeting to be held at the beginning of the Regular Meeting in September. It may then be possible that the Public Hearing could be set for October 19, 2005. Mrs. Wilcox stated that she felt that the people at the upper end would be against it due to the cost. b. Reach Run and Teeter Road Extension • SEQR determination and public hearing. c. Lake Ridge Extension • Determine how Board would like to respond • Mr. Shattuck stated that he would like to see to a Board Meeting to request funding from 1 estimate and the homeowners will be invited 2. Code Enforcement and Planning Board to the recent petition. the people in the Lake Ridge area come he Town. Dave will do an update to the next Regular Board Meeting. a. Whispering Pines V • Developer will apparently be retaining Mr. Parker to provide on -site inspection of water system improvements. • A reminder that it is still necessary for the Developer to create the backlot water district extension for Lot 22. 3. Transportation Planning a. Highway Barn Roof Replacement • Review status of agreement with J.M. Wheeler and Novelli recommendations regarding structural analysis for the retrofit roof. NOTICE TO PROCEED: RESOLUTION 05469 Resolution Authorizing up to $2,000.00 to be Expended for Engineering Review of Town Barn Roof Replacement Project per Contract with J. M. Wheeler Construction, Inc. 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 17th day of August, 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, J. M. Wheeler Construction, Inc. (the "Contractor ") was determined to be the lowest bid in substantial compliance with the specifications for bidding, subject to the provision and delivery of (1) signed contract documents, (2) the delivery of a schedule of values, and (3) a written report from a qualified engineer indicating approval for the project based upon roof loading; and WHEREAS, upon a review of the bids and the recommendations of the Town Engineer, the Town Code Enforcement Officer, and the Town Highway Superintendent, and upon due deliberation thereupon, the Town of Lansing issued a Notice of Award to said Contractor, subject to certain conditions, all pursuant to a Resolution dated August 5, 2005 (Resolution Number 05 -155); and 219 Continued, August 17, 2005 WHEREAS, the Contractor delivered a schedule of values listing the engineering study and report for roof loading as a $2,000.00 expense contained within the Contractor's bid; and WHEREAS, in consultation with the Town's Engineer, such amount is found to be reasonable, and the Town desires to go forward with the study and the roof construction; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Engineer be and hereby is authorized and directed to issue a Notice to Proceed relative to such engineering study, with any further Notices to Proceed to be based upon the results and conclusions of such engineering study; and it is further RESOLVED, that the Town Board, by and in the name of the Town of Lansing, hereby authorizes the expenditure of up to $2,000.00 to allow the Contractor to proceed with the said engineering study and opinion. HIGHWAY SUPERINTENDENT'S REPORT: Cayuga Emulsions: Cayuga Emulsions is cleaning up their area and will be moving out. Hot Paving: - The Highway Department has hot paved 6 + miles of roads. Pump House: The pump house on Pheasant Way will be done by next week. Solar Panels: The installation of the solar panels will begin next Monday. RECREATION DIRECTOR'S REPORT: Mr. Colt stated that he would be interested in using the Cayuga Emulsions building for storage if that was a possibility. later date. He also gave the following report: The use of the building will be discussed at a Parks & Recreation Department 8/17/05 Town Board Meeting RECREATION Summer is over, fall programs are being registered for and planning for winter programming has started. All of our summer programs were well attended and are completed with the exception of the Art camps, Rock Climbing and Ropes High Challenge program. Rain was not a problem this year! • Fall Youth Soccer is set to start in early September. Over 200 players have registered in grades K — 6. Registration are still coming in. • YFL "small fry" football will probably only have the JR team again this season. The JR team will have 18 -20 players and so far the SR team only has 9 players. We did not have a SR team in the league last year... Practice starts Monday and games are scheduled to start in mid - September. The season ends October 30`h. The YFL football league currently has over 500 players comprised of students in grades 3 -7. L. Continued, August 17, 2005 • Our Flag Football program, horse camp, cheerleading, step aerobics and yoga will all start in September too. • Our SENIOR SWIM program for the (experienced part of our population) is currently in session and is the first time that we have run this program in the summer per requests. RECREATION FIELDS — Our complex is as dry and dormant as I have ever seen it. We are trying to spot water the worst places, but I am afraid we may loose a lot of our turf. We are planning to over - seed and fertilize in late September if the weather permits. STANTON MEMORIAL — I have been contacted by Mr. Stanton's sons and have met with them. We are discussing the idea of planting 10 pine trees on the Recreation Complex fields in memory of their dad. This was to take place in late August but I am planning to push it back at least another month. PARKS Usage of Myers Park this season was very heavy and continues to be steady. SWIM AREA — The Myers swim area may close the weekend prior to Labor Day due to staffing. This is quite usual as many of the guards return to college or have started scholastic athletics. We are currently working with a schedule to attempt to make it through the Labor Day weekend. Signs will be posted if and when we close. CAMPING — The camp area remains busy and we will remain open for camping into October if the weather permits. We are already getting requests for next year. The reservation system was a huge success although it created a much larger work load on the phones in our office. MARINA — We have called for quotes to continue further repairs in our marina. The plan remains the same, to make repairs and upgrades over a 3 to 5 year period. Several places in our marina need a lot of work! CONCERTS — The concert series had been requested to move back to Thursday nights from the current Sunday dates. You never know? PLANTING — Continued improvements to our grounds and tree clearing and planting is planned for late September. PRICES — I will be proposing price increases for camping and pavilion rentals for next season. These will be reflected on our 2006 budget worksheets. CONCESSION STAND - The concession stand being open weekends brought us many positive phone calls. They also kept the bathrooms and shower rooms very clean. It all worked well. APPROVE AUDIT: 05470 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Audited Vouchers: 758-911 PrePay Vouchers: 758- 762 FUND TOTAL APPROPRIATIONS General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Trust and Agency $ 48,483.36 281,667.61 1,118.02 7,886.60 496.99 59,300.11 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 221 Continued, August 17, 2005 APPROVE MINUTES: A copy of the minutes of July 201h and August 5'h, 2005, having been furnished to the Board beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 05471 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the minutes of July 20`h and August 5th, 2005 are hereby accepted as submitted. EMPIRE ZONE: RESOLUTION 05 472 Carried. Resolution Supporting and Concurring with TCAD Application for Designation of Certain Areas Within Tompkins County as an Empire Zone At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 17th day of August, 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 Mr. Shattuck, and was duly seconded by Mr. 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, Section 961 of Article 18 -B of NYS General Municipal Law authorizes application by Tompkins County Area Development ( "TCAD ") for designation of Tompkins County as an Empire Zone within the meaning of said statute; and WHEREAS, such designation could greatly benefit Tompkins County in that new businesses would be encouraged to locate in the zone area, and existing businesses would be encouraged to expand in the zone area and such new and expanded businesses would generate new employment opportunities for Tompkins County residents; and WHEREAS, Tompkins County intends to authorize submission of an application for designation of areas within Tompkins County as an Empire Zone; and WHEREAS, TCAD, in consultation with the Town of Lansing, wishes to designate certain areas within the Town of Lansing as part of the proposed Empire Zone; and WHEREAS, the Town of Lansing is desirous of working with TCAD through the Empire Zones Program to provide enhanced employment opportunities for its residents; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that it fully supports and concurs in the TCAD actions to authorize and submit an application for an Empire Zone application within the Town of Lansing and other areas of Tompkins County. ENTENSION OF LIBRARY LEASE: RESOLUTION 05 -173 Resolution Extending Library Lease and Authorizing Supervisor to Execute New Lease r� Continued, August 17, 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 17th day of August, 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 Mr. McEver, and was duly seconded by Mr. 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 Lansing Community Library Center ( "LCLC "), by written lease, occupies space at the old Town Hall building; and WHEREAS, the lease is about to expire and LCLC desires to extend the same while Continued, August 17, 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 17th day of August, 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 Mr. McEver, and was duly seconded by Mr. 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 Lansing Community Library Center ( "LCLC "), by written lease, occupies space at the old Town Hall building; and WHEREAS, the lease is about to expire and LCLC desires to extend the same while discussing the terms of a renewal lease, if any; and WHEREAS, the Town Board has previously determined that providing LCLC space provides an important and substantial public benefit; and WHEREAS, the Town desires to extend the lease, and to authorize the Supervisor and the Town's counsel to negotiate and execute a new lease upon terms that are deemed in the best interests of the Town and the public; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the lease between the Town am LCLC be and hereby is extended upon the same terms thereof until December 31, 2005; and it is further RESOLVED, that the Supervisor be and hereby is authorized to execute any renewal lease upon such terms as he deems in the best interests of the Town and the public. BOARD MEMBER REPORTS: Mr. Christopher and Mrs. Wilcox did not have anything to report. DOUG McEver: Lakefest: Mr. McEver stated that the 8`" Annual Lakefest will be held this Sunday from noon to 4:00 p.m. at Camp Barton. BUD SHATTUCK. Storm Water: The County is continuing to work with the Storm Water group of which Dave Herrick and Darby Kiley are part of A new design manual will be out soon. Hazard MitijZation: It has been about three (3) years now since the Town submitted their hazard mitigation plan. F11\4A is holding off on that for some reason. The Town's multi - jurisdictional hazard mitigation plan is being sent out all over the state as a model plan. Bud then asked Guy the following questions: Has there been any response from the SPCA? Mr. Shattuck stated that we are paying for an organization that is not managing itself well. Mr. Krogh stated that he has been unable i Continued, August 17, 2005 to contact the acting executive director of the SPCA. He stated that the Board has appointed a new director but that person has not been announced publicly as of yet. Has there been any feedback from Watchtower on the letter they were sent? Mr. Krogh stated that he has not had a response to date. Mr. Christopher stated that is was a very, very good letter. Has anything been done with the Local Law regulating mass gathering in the Town? Mr. Krogh will redistribute the one he wrote up some time ago by e -mail to everyone. STEVE FARKAS: Budget Process: Budget process will begin soon. Better Housing: The Town has requested an extension on our four- (4) year program, as there are still two (2) small projects to be finished. Mr. Farkas stated that the Federal Government is getting tight on the extensions that they are allowing. Executive Session 05 -174 RESOLUTION, offered by Mr. McEver and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned to go into Executive session at 8:14 p.m. Carried. 05 -175 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:25 p.m. Carried. 05 -176 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 8:26 p.m. Carried. Minutes taken and executed by the Town Clerk. 223