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HomeMy WebLinkAbout2005-10-19239 REGULAR TOV DATE. OCTOBER 19, 2005 TIME: 6 :00 P.M. IN BOARD MEETING PLACE: LANSING TOWN HALL BOARDROOM AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — Lansing Consolidation Water District No. 1. 5. Privilege of the floor: a. Scott Ferris — PWC Report b. Anyone wishing to address the Board 6. Engineer's Report 79 Highway Superintendent's Report 8. Code Enforcement Officer's Report 9. Parks and Recreation Report 10. Water Agreement Service Extension —134 Burdick Hill Road 11. Accept Independent Audit — 01/01/04 — 12/31/04 12. Set Public Hearing - Special Districts: 11/09/05 @ 6 :05 p.m. 13. Set Public Hearing -2006 Budget. 11/09/05 @ 6:15 p.m. 14. Approve Audit 15. Approve Minutes of September 21St and 22nd, 2005 16. Board Member Reports 17. Executive Session if needed 18. Adjourn Meeting 240 October 19, 2005 The Lansing Town Board met in Regular Session at 6:00 p.m. at the Lansing Town Hall Board Room with Supervisor Farkas presiding. Mr. Farkas called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Dave Herrick, Jack French, Dick Platt, Dan Konowalow, Marcy Rosenkrantz, Mary Boles, Barb Bennett, Scott Ferris, Scott and Karen Bishop, Matt Besemer, Brian and Christine Flannigan, Jack McNamara, Penny Rogers, Melissa Ferris ,, Anne Mendenhall, Don and Sherrie Norman, Lynn Ginnever, Ron and Maxine Bowman, Jeanne Bishop, Robert Matyas, Pat Wagner, Adam Worsell, Michelle Canfield, Thomas Jones, David Taube, Fred Miller, Edward Goehler, John Anderson, Ken & Lorraine Felch, Maureen Cowen, Dale Baker, Ev and.Meredith Davis, Jerome Hass, Don Bordenent, Bill Hinderliter, Kathleen Caryl, Donald DeLong, Donna Scott, Earl and Carol Neigh, Dave Heck, Elmer Fethers, Connie Mabry, Joyce Henniger, Joyce Cima and a few other residents. The Supervisor lead all present in the Pledge of Allegiance. PUBLIC HEARING - LANSING CONSOLIDATED WATER DISTRICT: 05 -188 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on proposed Lansing Consolidated Proposed Water District, Extension # 1 is hereby opened at 6:05 p.m. 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) Steve Farkas, Supervisor Mr. Farkas stated that the Public Hearing would be continued at the November 16`" meeting. Mr. Herrick went over the draft report and amendments. Mr. Krogh explained how a vote would happen if it comes down to one. The Supervisor opened the meeting to the public and stated that anyone desiring to speak will have 3 minutes. Melissa Ferris stated for the record, that she wants to be included in the proposed district. The open session lasted until 7:49 p.m. 05 -189 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public hearing is hereby closed at 7:50 p.m. 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 241 Continued, October 19, 2005 Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Further Public Hearing for CWD — Extension # 1: RESOLUTION 05 -190 Resolution Establishing Further Public Hearing Regarding Formation of CWD Extension #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 19th day of October, 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, residents in the above -noted area have petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and a petition signed by over 80% of the proposed affected property owners for the establishment of a proposed CWD Extension ( "CWD Extension 1 ") covering a portion of Lansing Station Road and Algerine Road in the Town of Lansing, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town had previously authorized the Town Engineer to prepare preliminary cost estimates for the same by Resolution Number 04 -197 of November 4, 2004, and the Town Engineer having expressed no special concern other than EDU costs thereof, and WHEREAS, the Town Board met with the affected residents to share the information received from the Town Engineer, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project, and WHEREAS, the expansion of the CWD into the affected areas was deemed to be in the public interest by Resolution Number 05 -111 of May 18, 2005, and by said same Resolution, the Town authorized the Town Engineer to proceed with the preparation of a map, plan and report ( "MPR ") for the construction of a water district extension along Algerine and Lansing Station Roads (as shown in the residents' application materials upon a map designated as District 17, Extension 5); and WHEREAS, said MPR has been reviewed and deemed preliminarily feasible; and WHEREAS, no request for a permissive referendum was received relative to the MPR as permitted by Town Law Article 7, and Town Law §§ 190 -c, 209 -q, as applicable, and together with any other general or other New York State law, regulation, or requirement permitting or requiring a referendum upon this matter, whether and including any requirements therefor under Town Law Articles 12, 12 -A and 12 -C; and WHEREAS, an initial public hearing was duly held after notice thereof on October 19, 2005 at the Lansing Town Hall at 6:06 pm to consider the Draft MPR and to hear all persons interested therein and in the formation of said District Extension; and WHEREAS, the boundaries and conditions of said CWD extension are or will be formalized and duly filed with the Town Clerk as required by law before the public hearing thereupon, so as to allow interested members of the public to examine and comment upon the same; and 242 Continued, October 19, 2005 WHEREAS, the Town desires to proceed towards establishment of the CWD extension pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings hereunder to date have been in compliance therewith; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that a Public Hearing be and hereby is established for consideration of the final MPR and approval of CWD Extension 1 for 6:05 p.m. upon November 16, 2005 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published and posted in accord with law, not more than 20 days but not less than 10 days before such public hearing. D S- AL W Mr. Ferris gave the following report: N RT: Once again the summer season has come to a close. I would like to take this opportunity to thank all of the board members as well as the supervisor's office and staff for their continued support of the PWC water enforcement program. I am pleased to announce another great summer has passed with no reportable incidents or serious injury or death this past summer season. I feel the presence of the PWC on the lake and the enforcement of local ordinances has had a positive impact on the community, as well as to all people that visit this area to vacation or who live on the lake for the summer. This report is inclusive of the PWC enforcement from 5/28/05 — 9/12/05. This summer was very hot, and generally a good boating summer for all of whom enjoyed the Town of Lansing waterfront. The excellent weather was covered be an increase in patrol hours, targeting the high boat traffic areas, as well as hours of operation, and days of the week. The "boating public" warnings went up from last year of 103 to 192 warnings issued. Tickets were up from 5 to 10 this year, with plea bargains made to avoid costly usage of time. This resulted in positive revenue to the Town of Lansing in the amount of $ 700.00 in local ordinance fine money. The hours of patrol went up from 133 last year to 177.5 in 2005. I continued to try and educate the public be handing out copies of the Town of Lansing local ordinances, as well as explaining the boating laws and ordinances in this area. The consumption of gas for patrol purposes was 207.323 gallons. The price of gas rose from 2.37 /gallon on 5/26/05 to $3.29 /gallon on 8/31/05. The total gas bill for the season was $535.51. Respectfully submitted, Scott E. Ferris Lansing Town Constable PWC waterfront enforcement DAVE HERRICK — TOWN ENGINEER: e of Intent — n: Mr. Herrick will send out notices to the appropriate agencies tomorrow and will give them until November 16th to respond. 243 Continued, October 19, 2005 The Board discussed in length, the option to take and decided to go with 12 -A and move forward. Drake Road proposed water district: Mr. Herrick gave the Board Members a copy of his figures. He stated that an EDU in the Drake Road area would annually cost the homeowner $ 838.00 for 30 years. Lake Ridge proposed water district extension: Mr. Herrick gave the Board Members a copy of his figures. He stated that an EDU in the Lake Ridge area would annually cost the homeowner $968.00 for 30 years. Bean Hill Pump Station. The pump station is up and running smoothly. JACK FRENCH — HIGHWAY SUPERINTENDENT: Highway Roof: The roof on the Highway Garage should be finished tomorrow. Solar Panels: The panels are all set and waiting for NYSE &Gas to hook -up their meter box. Tiger Lilly Lane: The final inspection was performed on Tiger Lilly Lane and a small portion of Whispering Pines Drive. Mr. French stated that it passed the inspection. Mr. French has asked the contractor to get a warrantee on the stone and oil to make sure it is still there next spring. Cayuga Emulsions: A walk through of the property has been completed and the parcel has been turned over to the Town. Old Highway Barns: Mr. French, Mr. Krogh. Mr. Farkas and Mr.Shattuck will be meeting with Empire GEO tomorrow morning at 10:00 am to discuss the future of the old highway barns. STEVE COLT — RECREATION DIRECTOR: Mr. Colt gave the following report: Parks & Recreation Department 10/19/05 Town Board Meeting RECREATION • Most of our fall programming will be finishing with in the next week or two. • We are currently taking registrations for our late fall and winter programming that includes Skiing, Basketball, Bowling, Gymnastics, Step Cardio, Yoga and Skating. 244 Continued, October 19, 2005 • Unfortunately, we have not been able to offer our SR Swim Program that is enjoyed by many of our senior citizens. The school had a class scheduling change this year that has bumped us out until December. We have taken many phone calls. • We are currently working on a new program offering of Karate. We will be trying to find some consistent gym time in one of the schools to run this program. Robin McColley, our summer instructional swimming director will teach our karate program. We are projecting to start January 23 rd • The soccer fields will host a 5v5 fundraising soccer tournament for the varsity soccer team under the direction of Adam Heck this Saturday 10/22. • We will be taking a look at recreation program user fees for 2006. This will be important with respect to our budget and anticipated revenue. • NYMIR in cooperation with the City of Cortland will be sponsoring a seminar entitled "Athletic Management and Civility: The Next Great Challenge For Municipalities" on Thursday November 3ra. I will be there... PARKS • Myers Park has had its water system winterized for the season. • We are in the process of preparing a concrete slab for the new launch building that we are expecting soon. • We will be receiving a new Lifeguard chair for the beachfront area. David Jones will be building and donating it as a part of his Eagle Scout project. He is also completing a clean up and painting project around the lighthouse. • We plan to continue our tree planting project at Myers Park. 'We hope to add 3 to 4 trees this fall. This planting program is a must, as the general canopy in the park is all old and similar in type and age. We need to plan now for the fixture and the fact that many of our current trees could fail at the same time due to disease or weather. • A drainage ditch and tile was place in Ludlowville Park along the North West boarder in an effort to mitigate the usual wet ground and run off in that area of the park. DICK PLATT — CODE ENFORCEMENT OFFICER. Monthly Report: Mr. Platt gave his monthly report and stated the following: They are down in permits from last year by 3 and down in project costs by $436,409.00. All Saints Church: The All Saints Church is expanding and would like the Town to either waive or lower the fee for their building permit. The cost is $ 6,500.00. Mr. Platt does not agree with this and would like some kind of fee and he also stated that what ever the Board decides will set a precedence for the future. Mr. Farkas stated that he felt all inspection and administrative fees should remain at the same cost. Guy will look into this situation and it will be further discussed at the November 9th meeting. GUY KROGH — TOWN ATTORNEY: Mr. Krogh asked the Board to adopt the following resolutions: Water extension to 134 Burdick Hill Road: After some discussion, the following resolution was made: 245 Continued, October 19, 2005 RESOLUTION 05 -191 Resolution Approving Village of Lansing Water Extension to Town Resident (134 Burdick Hill Road) 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 19`" day of October, 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, Mary Hudson is proposing to build within the Town of Lansing at 134 Burdick Hill Road, which location is not served by the Town Consolidated Water District, but which location is adjacent to the Village of Lansing Water System; and WHEREAS, subject to the approval of the Town of Lansing, the Village of Lansing has agreed to contract with said Mary Hudson to provide water to said location pursuant to the terms and conditions of a written contract entitled "Water Service Extension Agreement "; and WHEREAS, the Town Board has reviewed said agreement and Village Law § 11 -1120, and understands that Mary Hudson is in agreement with the terms and conditions stated in said agreement; and WHEREAS, the Town desires to grant to the Village the authority to enter upon and cross Town property for the purposes of installing such water lines and appurtenances as are or may be necessary to provide such water; and WHEREAS, after review and discussion of each of the foregoing premises, and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that, subject to the review and written approval of the Town Engineer as.to the plans and installations therefor, the Town hereby approves the provision of water services across its borders and hereby permits and allows the Village of Lansing, or its contractors, to enter in and upon Town lands for the purposes of installing such water lines and appurtenances as are or may be necessary to provide such water to said 134 Burdick Hill Road. the Independent A RESOLUTION 05 492 Resolution Approving Independent Audit of Supervisor's Office, General Funds, Fund Financial Statements, Highway Fund, Water Fund, Sewer Fund, Special Grant Fund, Parks & Recreation Department, and General Audit Performed by Ciaschi, Dietershagen, Little, Mickelson & Company, LLP At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of October, 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 2146 Continued, October 19, 2005 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 of Lansing hired new independent auditors upon an agreed upon plan to review various financial and related matters handled by the Town of Lansing; _ which audit would be conducted in compliance with GAAP, GASB, and other accounting and auditing standards, mandated by law or otherwise; and WHEREAS, a draft audit was reviewed and explanations of findings and recommendations were duly made by Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, the Town's Independent Auditors, at an open public meeting; and WHEREAS, no changes to the draft audit were made and a final audit was presented and reviewed; and WHEREAS, the Town has reviewed the Independent Audit of the financial records and other records of the Supervisor's Office, the General Funds, Fund Financial Statements, the Highway Fund, the Water Fund, the Sewer Fund, the Special Grant Fund, the Parks & Recreation Department, and a general audit performed by Ciaschi, Dietershagen, Little, Mickelson & Company, LLP; and WHEREAS, upon due and proper consideration thereof, the Town Board of the Town of Lansing has RESOLVED, that the Final Audit report for FY 2004 be and hereby is approved. Public Hearing — Special Districts: 05 -193 TOWN OF LANSING NOTICE OF PUBLIC HEARING ON SPECIAL DISTRICTS FOR THE YEAR 2006 PLEASE TAKE NOTICE, that the Town Board of the Town of Lansing has prepared the Assessment Rolls of parcels of land included in Lansing Consolidated Water Districts and Lansing Light Districts No. 1, No.2 and No. 3 and has apportioned and assessed upon such parcels of land in proportion in the amount of benefits the improvements shall confer upon the same the cost chargeable to said District in connection with the construction of public water and lighting systems therein which are payable in the year 2006 and therefore, pursuant to Section 239 of the Town Law, the Town Board shall hold a Public Hearing at the Lansing Town Hall, Lansing, New York on the 9th day of November, 2005 at 6:05 p.m. in the evening thereof, to hear and consider any objections which maybe made to said roll. Public Hearing — 2006 Proposed Budget: 05 -194 BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF LANSING FOR THE YEAR 2006 NOTICE IS HEREBY GIVEN, that the preliminary budget of the Town of Lansing, Tompkins County, New York for the fiscal year beginning January 1, 2006 has been completed and filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested persons at all reasonable hours and, Continued, October 19, 2005 FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will meet and review said preliminary budget and hold a Public Hearing thereon at the Lansing Town Hall, Lansing, New York at 6:15 p.m. on the 9th day of November, 2005, and that at such hearing any person may be. heard in favor of or against the preliminary budget as compiled or for or against any items therein contained and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 108 of the Town Law, that the following are proposed yearly salaries of elected town officials of this town: Supervisor $ 24,839.00 Councilmen (3) Total $ 20,877.00 Each $ 6,959.00 Councilman (1) $ 9033.00 Town Clerk $ 355567.00 Highway Superintendent $ 56,090.00 Town Justice (2) Total $ 29,856.00 Each $ 143928.00 APPROVE AUDIT: 05 -195 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: AUDITED VOUCHER NUMBERS 1074-1194 PRE -PAID VOUCHERS 1074-1076 JND TOTAI General Fund Highway Fund Lansing Lighting Lansing Water Districts Trust and Agency BUDGET MODIFICATIONS: A2680 A2189 Increase R A 1990.400 A3120.402 A3120.402 A1990.400 A1990.400 A5132.405 A5132.405 evenue A1950.400 A3120.401 A3120.410 A7320.110 A9050.800 $ 125,682.81 45,586.66 1,513.74 7,453.54 37,714.03 MITI From Ins. Recovery to Garage Bldg. Repair From Grants Received to Garage Repair From Contingency to Taxes & Asses. Munic. Prop From PWC Police to Court Constable From PWC Police to PWC Contractual From Contingency Youth Services From Contingency to Unemployment Ins. 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 1,118.00 90,870.00 1,590.17 742.50 43.08 1,300.00 4,500.00 247 248 Continued, October 19, 2005 Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES A copy of the minutes of September 21" and September 22nd, 2005, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. to 05 -190 RESOLUTION, offered be Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of September 21St and 22, 2005 are hereby approved as submitted. 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) Steve Farkas, Supervisor d Resolution 05 440 RESOLUTION 05 -197 Resolution Amending Resolution 05 -140 (of July 20, 2005) to Correct Typographical Errors At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of October, 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 Francis 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, after due notice, public hearings and all procedures being followed therefor, the Town duly passed Resolution 05 -140 approving Cingular's Site Plan and application for a Special Permit to construct a cell tower within the Town of Lansing; and WHEREAS, there were typographical errors in the Resolution that need to be cleaned up to (1) make such Resolution comport with the determinations, approvals, and findings of the Town, the Town Board and the Town Planning Board, and (2) to allow Cingular to build the approved structure and obtain FCC compliance's and licenses for such facility; and WHEREAS, in the legislative judgment of the Town Board, none of the typographical errors are deemed material; and WHEREAS, the amendments include the following (1) defining "Cingular" as "Cingular Wireless "; (2) referencing a 195 foot tower height; (3) referencing the Conlon Road address; (4) referencing the oral testimony and other information provided by Cingular Wireless as being part of the record; (5) properly defining co- location as being allowed when reasonably acceptable to Cingular Wireless; (6) and correcting the misspelling of "and" in one location; 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 9'�4 249 Continued, October 19, 2005 RESOLVED, that each of the foregoing amendments be and are hereby approved, and for purposes of clarity, amended Resolution 05 -140 is made a part hereof and set forth in its entirety, as follows: "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 Wireless (herein "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 195 foot cell tower upon 425 Conlon 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 Part 617 if 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, whereat interested members of the public could comment upon the proposal, and whereat 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 and 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 250 Continued, October 19, 2005 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 oral testimony concerning the proposal and numerous written submissions made by Cingular and its representatives, including, without limitation, 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 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 .1 Continued, October 19, 2005 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- location 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 on terms reasonably acceptable to Cingular; 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.' d Agency for Cornell University Traffic Study: RESOLUTION 05 -198 Resolution Concurring in the Designation of the Town of Ithaca as Lead Agency for Cornell University Traffic Study 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 19'h day of October, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; 251 252 Continued, October 19, 2005 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 in undertaking a traffic study and analysis of roadways and traffic in the County of Tompkins, including in the Village and Town of Lansing; and WHEREAS, the study and related work triggers review under SEQRA; and WHEREAS, the Town of Ithaca has delivered a Notice of Intent to the Town of Lansing, as the Town of Lansing is an involved agency; and WHEREAS, after review and discussion of each of the foregoing premises, and the proposals and related plans set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the Town Board of the Town of Lansing concurs in the appointment of the Town of Ithaca as Lead Agency for purposes of conducting an environmental review of the subject project pursuant to SEQRA, and the regulations promulgated thereunder. Removal of shed at Myers Park: RESOLUTION 05 -199 Resolution Authorizing & Ratifying Execution of Agreement for Removal of Parks & Recreation Shed at Myers Park 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 19`h day of October, 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 has a shed located at Myers Park, which has traditionally been used to collect and process launch fees (the "Shed "); and WHEREAS, the Shed is in disrepair and is of no value to the Town as there would be a substantial cost to tear down, repair, or remove said Shed, and the cost of any of the same would exceed the value thereof and/or the costs of replacement; and WHEREAS, the Town has made several attempts to locate an individual who would be interested in removing the Shed at their own expense and risk so as to save the Town the cost of deconstruction and removal; and WHEREAS, Perry Cook ( "Cook ") is interested in removing said Shed and has agreed to the terms and conditions set forth below; and WHEREAS, the Parks & Recreation Director consulted with the Town Attorney to develop a short agreement with Cook regarding the safe removal of the Shed and the indemnification the Town for any damage caused by such removal, transport or the use of the Shed; and I. 1 l Continued, October 19, 2005 WHEREAS, after review and discussion of each of the foregoing premises, and the proposals and agreements set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor, Deputy Town Supervisor, and/or Town Parks & Recreation Director be and hereby are authorized to sign such agreement with Cook, and such agreement, if already signed, is hereby approved and ratified by the Town. Complying with the Working Families Tax Relief Act of 2004: RESOLUTION 05 -200 Resolution Authorizing EBS Benefit Solutions to Amend Town Pre -Tax Insurance Premium Plan and Summary Plan Description to Comply with the Working Families Tax Relief Act of 2004 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of October, 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, the Working Families Tax Relief Act of 2004 enacted several changes in the law, including the tax codes and ERISA, including but not limited to revised definitions of "dependent" and "grace period ", and thus insurance and other plan qualification requirements must be accordingly modified to comply with such changes; and WHEREAS, to be and remain in compliance the Town must amend certain of its health - related plans and the Summary Plan Descriptions thereof; and WHEREAS, EBS Benefit Solutions ( "EBS ") has proposed to amend the Pre -Tax Insurance Premium Plan that they established and manage for the Town, and to further amend and conform the Summary Plan Description; and WHEREAS, after review and discussion of each of the foregoing premises, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town be and hereby is authorized to spend up to $200.00 to hire EBS to effect the required compliance changes, and the Town Supervisor, Deputy Town Supervisor, or any Town Budget Officer be and hereby are authorized to direct EBS to commence such work and to sign such agreements as may be necessary to authorize EBS to proceed. Establish AFLAC Partial Indemnity — Disabilities: RESOLUTION 05 -201 Resolution Establishing AFLAC Partial Indemnity Cafeteria -Based Plan for Short -Term Disabilities At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of October, 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 253 2. 54 Continued, October 19, 2005 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, Section 809 of the Town of Lansing Employee Handbook provides for Short-Term Disability Benefits and, together with Town Law, permits the Town to provide such other benefits or plans as may be desirable for short-term disabilities based upon injury or illness, or otherwise; and WHEREAS, the Town has elected, after a review of available programs, to enroll in the AFLAC Supplemental Benefits Program offering (the "Plan "); which Plan qualifies as a § 125 Cafeteria Plan under the IRS Code and Regulations; and which Plan places a 50% cap upon any indemnity benefits based upon annual earnings, but subject to the requirements of the Plan; and WHEREAS, said Plan benefits shall be deemed a "Collateral Source" pursuant to said Section 809; and WHEREAS, after review and discussion of each of the foregoing premises, the Plan, and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town hereby adopts the Plan, authorizes the Town Supervisor or Deputy Town Supervisor to execute any and all documents as are or may be or become necessary to enroll the Town in the Plan, or otherwise provide Plan benefits to eligible Town employees; and it is further RESOLVED, that the Town reserves the right to eliminate, amend, reduce or otherwise change or not provide such Plan or benefits at any point in the future, as circumstances may require or dictate, in accord with law, the Employee Handbook, or the future Resolutions or directions of this or any future Town Board. 9 BOARD MEMBER REPORTS: MARTY CHRISOPHER; Nothing to report at this time. CONNIE WILCOX: Has been attending several meetings but does not have anything to report at this time. DOUG MCEVER, WRC: The application time guideline has been extended from September I" to November 2, 2005. Six Mile Creek: On November 1, 2005, Six Mile Creek Final Project symposium will have a full day ( 9:30 a.m. to 2:15 p.m.) open for all to look around at the stream restoration that has been completed. Lunch will also be served. Wells College: Continued, October 19, 2005 On November 12, 2005 "Something Is Fishing In Cayuga Lake" will be held at Wells College, I.O.. The I.O. has put out a letter in reference to their elections coming up this month. Mr. McEver stated that he couldn't be the Chairperson after December 31, 2005. They are trying to find someone to take over this position. Floating Classroom. The floating classroom's fund for next year won't be as necessary as they finally received their $25,000.00 five (5) year grant. They will be able to start to collect on it in November of 2005. There were over 500 participants in the floating classroom this year, which were 200 more than last year. They held 70 tours compared to 41 in 2004 and the are basically an entity of their own. BUD SHATTUCK. Comp. Time for Town of Lansing Employees: Mr. Shattuck stated that a private entity, give compensation time at time and one half. Mr. Shattuck asked Mr. Krogh to look into this matter, which he did. His findings were: He looked at the Fair Labor Standards Act, Civil Service Law, General Municipal Law and even the Labor Law. He stated that, as to a number of employees, (covered under the Fair Labor Standards Act) the Town would have to go to time and a half comp. time after 40 hours per week (generally). This would include most hourly employees and exclude exempt employees, those in management, Town Board Members, Elected Officials, etc. Mr. Shattuck stated that the Town now gives an hour for every hour of overtime worked and if we have to give time and a half, it would be very expensive. After a long discussion, the following resolution was adopted: RESOLUTION 05 -202 Resolution Amending Employee Handbook Regarding Overtime Compensation At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of October, 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, Congress passed (and the President signed) the Fair Labor Standards Act of 2004 ( "FLSA "), and implementing Regulations are now in or taking effect; and WHEREAS, the FLSA affects some, but not all Town employees; and WHEREAS, the Town has identified a need to review the Employee Handbook to verify compliance and study what changes may be needed to (1) comply with the FLSA, and (2) to identify affected employees; and WHEREAS, upon accruing any overtime, the Town has allowed employees to elect to "re- charge" their compensatory leave time in lieu of cash payment at a rate of 1 hour for each hour worked; and 255 256 Continued, October 24, 2005 WHEREAS, upon due and proper consideration thereof, the Town Board of the Town of Lansing has RESOLVED, that all h (whether or not subject Highway Association), managerial employees, shall be compensated at of overtime worked. ourly employees, including the Highway Department employees to the CBA, but subject to the approval of the Town of Lansing and excluding all elected officials, Supervisors, Directors, and and effective immediately (and until further notice), overtime the rate of 1.5 hours of compensatory leave time for each 1 hour Hire rate of new Employees: Mr. Shattuck stated that The Town Clerk answered their letter regarding "savings to the Town ". He stated that the Clerk suggested that all employees be hired at the low end of the scale instead of at mid point or higher the way it is now as a person at the same grade level can make, in ONE year, as much as a person who has worked for the Town for 11 or 12 years. Mr. Shattuck stated that this creates some deception as once you get to the end of your category, other people eventually will catch up and make the same amount of money. Mr. Shattuck stated that the Board may not of done the best thing by offering positions into anything other than the beginning position of the hiring scale. Mr. Christopher stated that you need to weigh the experience and if you bring someone in with experience and start them at the bottom, your not going to get that person and you have to give them the opportunity to start at a different level. Mr. Shattuck suggested that all hires have to be hired at the beginning rate. Mrs. Wilcox though it may be a good idea and Mr. Christopher stated that he would have been for this right from the beginning. The Board will think about this and discuss it at a later date. Longevity: Mr. Shattuck suggested that longevity might be the way to reward people that have been here for many years so they are not caught in the same salary by people who work here for three years, as an example and catches the person that has worked here for 20 years. This could be based on years of service starting at 10 years. Mr. Shattuck felt it could be a way to reward our long standing employees who are stuck in the scale. The Board will think about this and discuss it at the November 9, 2005 meeting. Planning and ZBA Board Members• Mr. Shattuck stated that all ZBA and Planning Board Members are required to attend at least one training session per year to be eligible for their stipend pay at the end of the year. He stated that there are many that have not attended a training session this year. Rachel Jacobsen will send them letters stating that they will need to complete their obligation by the end of the year or they will not receive their stipend for the year. All Board member agreed with Mr. Shattuck. Insurance after Retirement: Mr. Shattuck asked the Board to pass a resolution regarding the insurance issue as it has already been discussed at an earlier meeting. All Board Members agreed. Mr. Krogh stated that he would like to look into a part of the proposed resolution and get back to the Board with his findings at a later date. 05 -203 RESOLUTION, offered by Mr. McEver and seconded by Mrs. Wilcox: RESOLVED, that the Regular meeting be adjourned to go into Executive Session to discuss a personnel matter at 9:45 p.m. Continued, October 19, 2005 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) Steve Farkas, Supervisor 05 — 204 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:50 p.m. 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) Steve Farkas, Supervisor MOTION, offered by Mr. Shattuck to compensate Lynnette Geiger for time missed for Bereavement when she wasn't qualified for it in mandatory means only. There was NO second to the motion. 05 -205 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: p.m. RESOLVED, that the meeting be adjourned at the call of the Supervisor at 9:57 Vote Vote Vote Vote Vote of Town of Town of Town of Town of Town Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Marty Christopher, Councilperson Doug McEver, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Steve Farkas, Supervisor Minutes taken and executed by the Town Clerk. 257