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HomeMy WebLinkAbout2005-12-219 r7 REGULAR TOWN BOARD MEETING Date: December 21, 2005 Time: 6:00 p.m. Place: Lansing Town Boardroom AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4, Public Hearing — 6:05 p.m. — Consideration of Final Map Plan & Report and Approval of CWD Extension #1 5. Public Hearing — 6:15 p.m. — SEQRA Long Form Review CWD Extension #1 6. Privilege of the Floor: a) Charles Bower — Request for Water District Extension b) Anyone wishing to address the Board 7, Engineer's Report 8, Highway Superintendent's Report 9, Code Enforcement Officer's Report 10. Parks and Recreation Report 11. Approve Audit 12, Approve Minutes of December 1 St 13, Board Member Reports 14, Executive Session if Needed 15, Adjourn Meeting December 21, 2005 The Lansing Town Board met in Regular Session at the 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 Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Jack French, Dave Herrick, Marcy Rosenkrantz, Jack McNamara, Robert Matyas, Betty Matyas, Don Bordenet, Bill Bishop, Dan Konowalow, Brian and Christine Flanary, Matt Besemer, Sherri Norman, Lynn Ginnerer, Adam Worsell, Michelle Canfield, Barb Bennett, Elmer Fethers, Claes Nyberg, Brian Ivery, Dave Hatfield, Chuck Bower, Mary Boles, Gregory Lawrence, John Zissovici, Tim Buhl, Ted Saks, Bert Bland and a couple other residents. The Supervisor lead all present in the Pledge of Allegiance. Chuck Bower — Water Ext. — Sweazey Road: Mr. Bower requested a back -lot extension to his home on 15 Sweazey Road. Mr. Bower will get with Mr. Herrick to continue the process. Mr. Herrick felt a Public Hearing could be set at the next meeting. John Zissovici — CWD Extenson: Mr. Zissovici will need to obtain an easement from his neighbor before his process can continue. He will also need to ask all of his neighbors if they want to be included in a district extension. Open Public Hearin1j: 05 -238 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on the SEQR is hereby opened at 6:17 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) Stephen Farkas, Supervisor Mr. Herrick went over the long environmental assessment form. He stated that there would be some small to moderate impact. 0 05 -239 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all people desiring to be heard, having been heard the Public hearing is hereby closed at 6:26 p.m. F1,11 i i Continued, December 21, 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) Stephen Farkas, Supervisor RESOLUTION 05 -240 Resolution Declaring Negative Declaration re Proposed 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 the 21" day of December, 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, residents in the Algerine and Lansing Station Road areas 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 preliminary informational 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 non - binding request is in compliance with required Town procedures; and WHEREAS, the proposed construction consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to the affected areas, all in accord with a final map, plan and report prepared by the Town Engineer; and WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, ( "NYCRR ") and was declared a Type I action pursuant to NYCRR 617.4; and WHEREAS, by Resolution of December 1, 2005 (Resolution Number 05 -231) the Town Board of the Town of Lansing was duly appointed as the Lead Agency; and the Lead Agency has an address of 29 Auburn Road, Lansing, New York 14882; and further questions may be addressed to the Town Supervisor of the Town of Lansing at said address (or inquiries may be directed to said Supervisor's Office at 607 -533- 8896); and WHEREAS, after due filing, notice, posting and publication thereof, a public hearing concerning the SEQR Long Form EAF review was duly held at 6:15 p.m. on December 21, 2005 at the Town Hall at 29 Auburn Road, Lansing, New York 14882, whereat all interested persons were heard and commented thereupon, and whereat evidence was heard for and against such proposal; 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 WHEREAS, the areas of environmental concern identified include, but are not limited to, (1) the impact upon Agriculture Districts, (2) the disturbance of soils and bedrock upon the future construction of the considered improvements, (3) increased traffic and noise resulting from construction, including traffic delays, construction and operating noise and 2 289 290 Continued, December 21, 2005 odors, and potential detours during construction, (4) the effects of construction upon slopes, (5) sedimentation and stormwater drainage issues occurring during construction, (6) any effects upon Cayuga Lake, located down slope from the proposed project area, (7) the potential length of construction potentially exceeding one year, (8) the increased potential use of water once build -out and hook -up is complete; and WHEREAS, the Lead Agency considered such impacts and the mitigation thereof, including, but not limited to (1) the temporary nature of the disturbances, (2) the reclamation and restoration of soils and roadbeds after construction, (3) the implementation of sediment and stormwater run -off controls before, during, and after construction, (4) the increased usage of water from a municipal source being offset by the non - removal of water from local water - tables, and (5) the mitigation of construction detours, noise, and odors by limiting construction hours and management of construction debris, dust, silt and site runoff; and WHEREAS, the Lead Agency determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non - significant; and WHEREAS, upon the evidence given at such public hearing, and after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact: accordingly, it is hereby RESOLVED AND DETERMINED, that this declaration remains open for public comment for 30 days from the publication hereof, with any comments hereupon to be delivered to the Town Supervisor's office at the address or telephone number listed above; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York, and all Regulations promulgated thereunder, and 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; and it is further RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2. The Town Supervisor of the Town of Lansing. 3. All Involved Agencies. 4. The Lead Agency. 5. Any person requesting a copy; and further that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. Dated: December 21, 2005 05 -241 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the final map, plan and report and approval of the consolidated water district is hereby called to order at 6:28 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) Stephen Farkas, Supervisor Mr. Farkas opened the floor to anyone who wanted to make a statement. Sherrie Norman read the following letter: 3 I i I Ii Continued, December 21, 2005 December 21. 2005 Town Board Town of Lansing I..,ansing Town [fall 29 Auburn Road Lansing, NY 14882 Re: Consolidated Water District I xtension # 1 We are submitting these comments in opposition to our property being included in the proposed Extension ,r 1 to the Consolidated Water District. Our property is identified as "Town of L:ansi_ng Tax Parcel No. 1.5.- 1 -7.1. Our property consists of a mobile home park which we have been improving since we purchased it in 2002. We have an adequate supply of water and adequate water storage. We are licensed water system operators. We do not need public water. We understand that the Town Board has to determine that all properties in the proposed extension are benefited. It would be hard to rationally determine that we would be benefited by being included in the proposed water district extension. Should the Board include our property in the district, we expect a detailed analysis and explanation of the benefit to our property under these circumstances. Furthermore, the State Comptroller considers this a very expensive water district extension. Because of the high cost to a typical property, the approval of the Comptr-ol ler will be required. We are informed that it may be difficult to obtain such approval because of the exorbitant cost to a typical property. According to the engineer's report, the estimated cost to a typical property is 160% of the amount which the State Comptroller considers reasonable. JIhis is an unreasonably high variation from the reasonable cost. We urge the Board to exclude our property from the district. Our property can easily be excluded by drawing the district boundary line along the centerline of Algerine Road. Other properties have been excluded and we feel that ours should also be excluded. We also are advised that the proceedings taken by the Town Board in the conduct of public hearings are not in compliance with the requirements of the Town Law. Specifically we are informed that: 1. No order was adopted by the Town Board reciting a description of the proposed district in a manner sufficient to identify the lands included therein as in a deed of. 2. No order was adopted describing the improvements proposed. 3. No order was adopted specifying the maximum amount proposed to be expended. 4. No order was adopted which recited the estimated cost of hook up fees. 5. No order was adopted set forth the cost of the district to a typical ($931 per year). 6. No order was adopted which set forth the proposed method of financing. 7. No order was adopted reciting the fact that a:map, plan and report had been filed in the Town Clerk's Office and was available for public inspection. Given the number and seriousness of the deficiencies in the proceedings, we believe that any action taken by the ':Gown Board in approving the district would likely be overturned by a court. Additionally, the State Comptroller may determine that the proceedings have been so irregular that the extension cannot be approved. [1 291 292 Continued, December 21, 2005 We respectfully urge you to reconsider and rethink the decision to include our property in the district so that we are not forced to expend monies in legal fees challenging the creation of the district. Please make these comments part of the record. Very truly yours, Donald B. Norman I 1 Wet Isey Drive Dryden, NY 1.3053 Sherrie A. Norman I I Wellsey Drive Dryden, NY 13053 05 -242 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 6:33 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) Stephen Farkas, Supervisor The Board Members then made the following comments before voting: Bud: Appreciated that both sides have turned out. Felt the Board had been fair in presenting what the water district is. Stated that he was somewhat stymied about how he should vote. He is not happy that the Board has to decide between one group of people getting something or one group of people not getting something or someone having to pay for something they don't need. He stated that as a town, they do not have to legally provide the service. Felt there was health considerations. It bothers him that the whole process has ended up that if the Board adopts this, they will force the people who don't want it and are probably least likely to be able to pay for it, to foot all of the costs. If they go the other way, they would ask the whole town to foot the cost for a benefit district, which he felt, was even less fair. He felt that if there was a lot of decent or pro- movement towards it, people would have called him but he has had no calls. Marty: It is not a very easy decision. One thing is the fact that if the Board adopts this tonight does not mean it is over, it is just part of the process and not the final say. Connie: She has had calls, lots of calls. Understands the need for water but it is not her issue, the cost is. She is worried about what it will cost the people who really cannot afford it. They may end up having to sell their homes. Felt the option of funding needs to be explored. She is not against the district but against the cost. She would not be doing her job as a Town Board Member in being fair to everyone in the town if she were to vote yes. Doug: Has lived in places with bad water and hated it. Would love to see the district in but has seen the other side in the last few months where people are just barely making it. The Board has to look at their votes and see if they will be displacing people in their votes. His final vote came to him about a half an hour ago when he saw that five or six families would have to leave the area and when Mrs. Norman asked to have the park exempt from it, it would add more expense to the individuals. He feels bad for people who don't have clean, good water but his vote will be to keep people from having to move from their homes. Steve: Has been involved in this water district since 1988. Each time it came forward, the numbers were not sufficient enough to say yes. It takes 50% + 1 to create the district. 9 Continued, December 21, 2005 He feels honored bound as he told the people if they come with numbers, he would support the fact of at least moving forward to establish the district. He will stick with his word. RESOLUTION 05 -243 Conditional Final Approval of Consolidated Water District Extension 1 293 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 the 21" day of December, 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 - no; Connie Wilcox — no; Martin Christopher — aye; and the following Resolution therefore passed 3 -2, and was duly adopted: WHEREAS, residents in the Algerine and Lansing Station Road areas 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 preliminary informational 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 non - binding request is in compliance with required Town procedures; and WHEREAS, the proposed construction consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to the affected areas, all in accord with a final map, plan and report prepared by the Town Engineer; 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 was formally declared a Type I action pursuant to NYCRR 617.4; 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 final 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 final 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 Articles 7 and 12 -A, as applicable, and together with any other 0 294 Continued, December 21, 2005 general or other New York State law, regulation, or requirement permitting or requiring a referendum upon this matter; 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 MPR and to hear all persons interested therein and in the formation of said CWD Extension 1, and further public hearings were held on November 16 and December 21, 2005; and WHEREAS, the MPR and a description of the boundaries and conditions of CWD Extension 1 have been formalized and duly filed with the Town Clerk as required by law to allow interested members of the public to examine and comment upon the same; and WHEREAS, the Town desires to proceed towards establishment of CWD Extension 1 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, a final public hearing was duly held in consideration of the MPR and the Town Board's conditional final approval of CWD Extension 1, which public hearing was held at 6:05 p.m. upon December 21, 2005 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject thereof were duly heard and all evidence was duly taken; and WHEREAS, by Resolution of December 1, 2005 (Resolution Number 05 -231) the Town Board of the Town of Lansing was duly appointed as the Lead Agency; and WHEREAS, the SEQR Long Form EAF was duly submitted and deemed complete as of December 1, 2005 (see Resolution 05 -232); and WHEREAS, a public hearing concerning the SEQR Long Form EAF was duly held at 6:15 p.m. on December 21, 2005 at the Town Hall at 29 Auburn Road, Lansing, New York 14882, whereat all interested persons were heard and commented thereupon, and whereat all evidence was taken and considered; and I , WHEREAS, the final SEQR Long Form EAF was properly filed in the Town Clerk's Office and made available for public review; and WHEREAS, the Town Clerk provided due notice to all involved and interested agencies, 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 Land Use Ordinance and Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental impact by Resolution 05 -240 of December 21, 2005; and WHEREAS, a certified copy of the notice of publication and posting has been filed in the Town Clerk's Office as required by Town Law §209- f(3)(a)(1); and WHEREAS, upon the evidence given at such public hearings, and upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that (a) The map, plan and report comply with the requirements of Section 209 et seq. of the Town Law, and the notice of hearing was published and posted as required by law and are otherwise sufficient; and 10 (b) The property and property owners within the proposed Consolidated Water District Extension 1 are all benefited thereby; and (c) The property and property owners benefited are included within the limits of the proposed Consolidated Water District Extension 1; and (d) It is in the public interest to establish the Consolidated Water District Extension 1; 7 II Continued, December 21, 2005 and it is further 295 RESOLVED, that the proposed Town of Lansing Consolidated Water District Extension 1 be and is hereby approved according to the terms and conditions of this Resolution, and the service extension herein discussed be constructed and the service herein mentioned be provided for once the required financing and funds are made available to, or provided for, Consolidated Water District Extension l; and the proposed construction consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to the affected areas, all in accord with a final map, plan and report prepared by the Town Engineer, which report and its description of the district boundaries is (1) attached hereto and incorporated herein as is set forth in full herein, and (2) and has been on file at the Town Clerk's Office as an official record for public review and inspection; and it is further RESOLVED, that this Resolution is subject to a permissive referendum as set forth in Articles 7 and 12 -A of the Town Law; and it is further RESOLVED, that final approval of the Consolidated Water District Extension 1 is subject to the advance approval of the New York State Comptroller's Office /Department of Audit and Control, if required; and it is further RESOLVED, that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file this Resolution within 10 days with the Tompkins County Clerk, and, again within 10 days, to file a certified copy with the Department of Audit and Control in Albany, New York, together with an application, in duplicate, for permission to so create said Consolidated Water District Extension 1 in the manner and form prescribed by Town Law §209 -e and the requirements of the Department of Audit and Control. Dated: December 21, 2005 Mr. Herrick will move forward with the process. Mr. Krogh explained what a permissive referendum would mean. Floyd Davis subdivision: Mr. Herrick discussed approving the concept of the road with the Board and the following resolution was offered. RESOLUTION 05 -244 Resolution Conditionally Approving Davis Subdivision Preliminary Roadway Layout, Plans and Designs 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 the 21't day of December, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the proposed Davis Subdivision application is in the final stages of Preliminary Plat Approval, and in connection therewith, the Town Board has been asked by the Developer and the Planning Board to conduct a review of the preliminary roadway. layout, plans and designs; and 295 Continued, December 21, 2005 WHEREAS, the Town Engineer and the Town Highway Superintendent have reviewed the preliminary roadway layout, plans and designs, and have recommended preliminary approval of the layout and concept plans; and WHEREAS, in consideration of the foregoing and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board does hereby conditionally approve the preliminary roadway layout, plans and designs, subject to (1) a review of final plans and designs by the Town Engineer and the Town Highway Superintendent, and (2) any changes or conditions that are or may be imposed by the Planning Board in the review of the Preliminary or Final Plat, and (3) any changes that may be implemented as a result of MS4 requirements or for the creation of a drainage district. Dated: December 21, 2005 Holochuck subdivision: Dave Herrick explained Mr. Holochuck's plans with the Board and the following resolutions were offered: RESOLUTION 05 -245 Resolution Conditionally Approving Holochuck Subdivision Preliminary Stormwater Plans and Designs 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 the 21" day of December, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the proposed Holochuck Subdivision application is in the final stages of Preliminary Plat Approval, and in connection therewith, the Town Board has been asked by the Developer and the Planning Board to perform a preliminary review of the preliminary stormwater and sediment control plans and designs; and WHEREAS, the Town Engineer has reviewed the preliminary stormwater and sediment control plans and designs and has recommended preliminary approval of the concept plans based upon compliance with the Town of Lansing Stormwater Local Law and the NYS Design Manual; and WHEREAS, in consideration of the foregoing and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board, does hereby conditionally approve the preliminary plans and concept designs for sediment control and stormwater management, subject to (1) a review of final plans and designs by the Town Engineer, (2) any changes or conditions that are or may be imposed by the Planning Board in the review of the Preliminary or Final Plat, and (3) any requirements or changes that are or may be imposed upon the creation of a drainage district for the said subdivision. Dated: December 21, 2005 E Continued, December 21, 2005 RESOLUTION 05 -246 Resolution Conditionally Approving Holochuck Subdivision Preliminary Roadway Layout, Plans and Designs 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 the 21" day of December, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the proposed Holochuck Subdivision application is in the final stages of Preliminary Plat Approval, and in connection therewith, the Town Board has been asked by the Developer and the Planning Board to conduct a review of the preliminary roadway layout, plans and designs; and WHEREAS, the Town Engineer and the Town Highway Superintendent have reviewed the preliminary roadway layout, plans and designs, and have recommended preliminary approval of the layout and concept plans; and WHEREAS, in consideration of the foregoing and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board does hereby conditionally approve the preliminary roadway layout, plans and designs, subject to (1) a review of final plans and designs by the Town Engineer and the Town Highway Superintendent, (2) any changes or conditions that are or may be imposed by the Planning Board in the review of the Preliminary or Final Plat, and (3) the reservation of a right -of -way to the south for potential future connection through the lands of Stevens (R.O.)(and the proposed Stevens Subdivision) to Stormy View Lane, Dated: December 21, 2005 Sanitary Sewer: Mr. Herrick felt things were moving along. The next committee meeting will be held on January 11, 2006. End of Year Meeting: The end of year meeting will take place on December 281h at 12:00 noon at the Town Hall Board Room. JACK FRENCH — HIGHWAY SUPERINTENDENT. Solar Panels: They are up and running. Salt Point: Jack and Darby will be meeting with Mr. McGuire regarding a grant Darby is working on. The results will be available in the spring. 10 297 298 Continued, December 21, 2005 Overtime hours: Jack stated that this year, the guys have 605 overtime hours in and that last year for the same time period, they had 264 overtime hours in. Armstrong Road Construction problem: Mr. French stated that he is having a problem with a contractor by the name of Scott Flatt. He has applied for a water permit from Bolton Point. Mr. French asked Bolton Point to let him know whenever anyone applied for a tap permit but this did not happen. Mr. Flatt dug up both sides of Armstrong Road and tapped underneath the road. Mr. French stated that this is a dangerous situation and he has put a stop order on him tapping into the waterline. Mr. Krogh told Mr. Platt to shut down the whole project. Mr. Platt stated that Mr. Flatt doesn't want to listen and they have had problems with him before this. The Board felt this should have been taken care of three weeks ago. Jack will fill in the ditches tomorrow morning. DICK PLATT — CODE ENFORCEMENT: Monthly Report: Mr. Platt stated that they were down by 7 permits from last year but up in project costs by $ 132,064.80. Planninp, Board: Greg Travis is going to be a member of the ZBA. Steve White is resigning from the ZBA Board. Ron Bricker will stay as an alternate to the ZBA Board. Wayne Lucas is also resigning from the ZBA and will need to be replaced. Brian Ivery will become a fulltime member of the Planning Board instead of an alternate as he now is. Audit Approval: 05 -247 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: 1332-1480 PREPAY VOUCHERS 1332-1344 FUND TOTAL APPORTIONMENTS General Fund 905119.69 Highway Fund 585930.09 Lansing Lighting Districts 1,220.38 Lansing Water Districts 107,743.05 Cherry Road Sewer 11296.00 Better Housing 16,218.69 Trust and Agency 669573.97 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approval of Minutes. Continued, December 21, 2005 A copy of the minutes of December 1, 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. 05 -248 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the minutes of December 1, 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) Stephen Farkas, Supervisor BOARD MEMBER REPORTS. Marty Christopher: Tech Committee: Steve Loncto was the choice for a computer tech. for the Town. Mr. Krogh will go over Mr. Loncto's contract and get back to the Board with his recommendations. Connie Wilcox: Fire Department: A new fire station is at least a couple of years down the road. George Gesslein is the new treasurer and Jeff Walters is the commissioner. Bolton Point: Bolton Point hit a milestone. A little more than one billion gallons of water was pumped in 2005. Lansing Housing Authority: Still looking to expand but will wait for sewer. Doug McEver: WRC: Frank Proto has been named the new chairman for 2006. Bud Shattuck: Keeping track of time: The non -full time elected officials will be asked to keep track of their time for the months of January and February. This is for retirement purposes. Steve Farkas: Old Highway Barn: Mr. Farkas asked Mr. Krogh to speak about the issue. Mr. Krogh stated that an engineering firm that was doing site monitoring at the old highway barn seriously dropped the ball. A bunch of unauthorized steps were taken and the monitoring was not done for quite some time. 12 299 300 Continued, December 21, 2005 Everyone involved decided these people should be replaced. Mr. Krogh met with Forrest Earl from Geologic and they decided the Town should hire a new engineer to handle the monitoring. This will be taken care of at the organizational meeting in January. 05 -249 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at 8:16 at the call of the Supervisor. 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 Minutes taken and executed by the Town Clerk. 13