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HomeMy WebLinkAbout2006-03-15REGULAR TOWN BOARD MEETING Date: March 15, 2006 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. — Local Law No. 1 — Privacy Notification 5. Privilege of the Floor: a.) Anyone wishing to address the Board 6. Engineer's Report 7. Highway Superintendent's Report 8. Code Enforcement Officer's Report a.) Appointment of Henry (Herf) Sheldon Jr. to Zoning Board of Appeals 9. Parks and Recreation Report 10. Approve Audit 11. Real Property Tax Exemption 12, Approve Minutes of February 15th and February 22�d 13. Board Member Reports 14. Any other Business brought before the Board 15. Executive Session if needed 16. Adjourn Meeting W March 15, 2006 The Lansing Town Board met in Regular Session at the Town Hall Board Room at 6:00 p.m. with Supervisor Farkas presiding. Call. The Supervisor called the meeting to order and had the clerk take the Roll Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: Dave Herrick, Jack French, Dick Platt, Lynn Day, Cole Rourke, Robert Matyas, John McNamara, Dave Heck, Betty Mtyas, Greg Lawrence, Claes Nyberg, Marlaine Darfler, Ryan Sheda, Duane Ray, Barb Bennett, Elmer Fethers, Jack Young, Scott Ferris, David Gee and a couple other residents. The Supervisor lead all present in the pledge of allegiance. Marlaine Darfler — Library: Marlaine Darfler, who is the Chairperson for the Library informed the Board that the referendum has been delayed. She also informed the Board that the building construction will begin soon and that the library will have to be closed at times in the summer but she was not sure at this time when that would be. She stated that the bid was awarded to a local contractor last night but at this time, the contractor had not been notified. The construction should begin around April 1St and be completed within six months. The Board thanked her for all she has done. Public Hearing — Local Law No. 1: RESOLUTION 06 -56 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on proposed Local Law No. 1 for the year 2006 is hereby opened at 6:08 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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. Krogh gave a brief explanation regarding the regulation of private information. All persons desiring to be heard, having been heard the following resolution was offered: RESOLUTION 06 =57 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing is closed at 6:11 p.m. 1 Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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 ADOPTING LOCAL LAW NO. 1 OF THE YEAR 2006: RESOLUTION 06 -58 RESOLUTION ADOPTING LOCAL LAW NUMBER 1 OF 2006: re REGULATION OF PRIVATE INFORMATION 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the State of New York has enacted laws classified under the State Technology Law and the General Business Law with regard to citizen notification whenever private identifying information is lost or stolen; and WHEREAS, such laws require that all towns have in effect, by March 31, 2006, Local Laws (or their equivalents) paralleling the General Business Law provisions regarding privacy notification; and WHEREAS, the Town of Lansing has developed and is developing a Local Law to comply with such State mandate, a copy of which is and /or will be on file at the Town Clerk's office at least 10 days prior to the public hearing herein scheduled; and WHEREAS, said Local Law proposes to (1) define "private information", (2) define when notification is required for the loss, potential theft of private information, or unauthorized access to private information, (3) the form of written, electronic or other notifications, (4) the posting of notices on Town websites, (5) and obligations, procedures and duties to monitor and enhance the Town's ability to protect private information; and WHEREAS, a public hearing was duly scheduled and held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of March, 2006, at 6:05 o'clock P.M., to consider the aforesaid Local Law, and all persons interested in the subject hereof were permitted to speak and introduce evidence on this matter; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 1 of 2006, as set forth in its entirety below: TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 1 OF 2006 2 • REGULATION OF PRIVATE INFORMATION SECTION 1: TITLE AND APPLICABILITY — The Town of Lansing hereby adopts this Local Law, to be known as the Town of Lansing "Local Law Number 1 of 2006". This Local Law shall apply only within the Town of Lansing, and hereby repeals any prior Local Law or Resolution inconsistent herewith. SECTION 2: PURPOSE — The purpose of Local Law Number 1 of 2006 is to provide for a system to ensure timely notification to persons whose private identifying information has been stolen or subjected to unauthorized access, and to put in place systems to address the prevention of such unauthorized access. SECTION 3: DEFINITIONS - As terms shall have the following meanings: used in this Local Law, the following A. "Personal information" shall mean any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person; B. "Private information" shall mean personal information consisting of any information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted, or Encrypted with an encryption key that has also been acquired: 1. A social security number; 2. A driver's license number or non - driver identification card number; or 3. An account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account; "Private information" does not include publicly available information which is lawfully made available to the general public from federal, state, or local government records. C. "Breach of the security of the system" shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the Town. The good faith acquisition of personal information by an employee or agent of the Town for Town purposes is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. D. "Consumer reporting agency" shall mean any person which, for monetary fees, dues, or on a cooperative non - profit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports, all as kept on a list compiled by the State Attorney General. E. "Town" shall mean the Town of Lansing, in the County of Tompkins and State of New York, SECTION 4: DETERMINATIONS OF DISCLOSURE - In determining 3 whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the Town may consider the following factors, among others: A. Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or B. Indications that the information has been downloaded or copied; or C. Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. U SECTION 5: NOTIFICATION, WHEN NECESSARY — The Town shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the system to any resident of New York state whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Town shall consult with the State Office of Cyber Security and Critical Infrastructure Coordination to determine the scope of the breach and restoration measures. If the Town maintains computerized data that includes private information which the Town does not own, the Town shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. Any notification required by this Section may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The notification required by this Section shall be made after such law enforcement agency determines that such notification does not compromise such investigation. SECTION 6: NOTIFICATION PROCEDURE — A. The notice required by this Local Law shall be directly provided to the affected persons by one of the following methods: 1. Written notice; 2. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving said notice in electronic form and a log of each such notification is kept by the Town; provided further, however, that in no case shall the Town require a person to consent to accepting said notice in electronic form; 3. Telephone notification, provided that a log of each such notification is kept by the Town; or 4. Substitute notice, if the Town demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000.00, or that the affected class of subject persons to be notified exceeds 500,000, or such agency does not have sufficient contact information. Substitute notice shall consist of all of the following: a. Email notice when the Town has an email address for the subject persons; 2 50 b. Conspicuous posting of the notice on the Town's web site; and C, Notification to major statewide media. B. Regardless of the method by which notice is provided, such notice shall include contact information for the Town and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including a specification of which of the elements of personal information and private information were, or are reasonably believed to have, been, so acquired. C. In the event that any New York residents are to be notified, the Town shall also notify the State Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content and distribution of the notices and the approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents. D. In the event that more than 5,000 New York residents are to be notified at one time, the Town shall also notify consumer reporting agencies as to the timing, content and distribution of the notices, and the approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents. SECTION 7: TOWN TECHNOLOGY COMMITTEE — The Town shall strive to continually update its record keeping systems, digital and otherwise, to help secure any private information and enhance the :security of Town systems and records. The Town Supervisor shall be responsible to appoint one or more persons and /or Town Board Members to examine and report annually to the Town Board concerning the keeping of private information, the security thereof, the enhancement of such security, the identification of potential points of loss and risk, and the mitigation of such points of loss or risk. The persons so appointed shall comprise the Town Technology Committee, and such Committee shall be chaired by a Member of the Town Board. SECTION 8: ENFORCEMENT— A. All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this Article, and /except that each and any misdemeanor shall be deemed an unclassified misdemeanor. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law by any person or entity, including Town employees and officers: 1. First Violation: Any person or entity that violates any of the provisions of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $1,500.00, or (2) subject to a civil penalty of not more than $2,500.00 to be recovered by the Town in a civil action. 2. Second Violation: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation. Any person or entity that commits any second violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $5,000.00, or (2) subject to a civil penalty of not more than $7,500.00 to be recovered by the Town in a civil action. 3. Third and Subsequent Violations: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this Local Law shall be deemed a third or subsequent violation, as applicable. Any person or 5 entity who commits a third or subsequent violation of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine not more than $10,000.00 and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not more than $15,000.00 to be recovered by the Town of Lansing in a civil action. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. B. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this Local Law, the Town may bring an action to enjoin and restrain the continuation of such violation. In such action, (1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and (2) the Town shall not be required to post any bond or undertaking, and (3) the Town need not prove that (i) there is or will likely be irreparable harm, and /or (ii) that the Town has no adequate remedy at law. In such action the court may award damages for actual costs or losses incurred by the Town (regardless of whether any fine or penalty is or may be imposed), including, but not limited to, (1) the cost to provide notifications and related publications, and (2) all reasonable attorneys', experts' and consultants' fees, and (3) any other incidental and /or consequential losses or damages. The Court may, in addition to any such damages, also impose a civil penalty in accord with Section 8(A) of this Local Law. Whenever the Court shall determine in such action that any person or entity violated this Local Law knowingly or recklessly, the Court may impose punitive damages. The remedies provided by this Section shall be in addition to any other remedy available to the Town. SECTION 9: part of this Local be invalid, such hereof, but shall section, or part judgment shall h� SAVINGS - If any clause, Law shall be adjudged by any judgment shall not affect, in be confined in its operation to thereof, directly involved in 3ve been rendered. sentence, paragraph, section or Court of competent jurisdiction to ipair or invalidate the remainder the clause, sentence, paragraph, the controversy in which such SECTION 10: LIMITATION OF LIABILITY - The Town shall not be liable or responsible for any injury to persons or their rights, or any damage to or loss of property (including loss of use, and all losses or damage to data, accounts, or credit) due to the Town's actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law. SECTION 11: EFFECTIVE DATE — This Local Law shall take effect immediately upon filing. PRIVILEGE OF THE FLOOR: Claes Nyberg: Mr. Nyberg stated that a person now needs one acre of land to build a house on and asked if the sewer goes through, would this change to % acre of land? He told the Board that this was an important issue and that it needs to be discussed and debated by the people in the town. Mr. Shattuck stated that the sewer district would be a benefit district. and only the people who are benefited will pay. Mr. Nyberg felt that if the sewer goes through there will be cluster housing and that the Board has not done a very good job of letting people know what is going on. DAVE HERRICK — TOWN ENGINEER: 0 51 52 Mr. Herrick went over the following item with the Board: ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. CWD, Extension #1 (Algerine and Lansing Station Road) ® Still no response from NYSDOH on the Hardship Determination application. b. Bower CWD Extension ® Mr. Bower reports having finalized easement issues with the Town Attorney. a Need to set a date for the SEQR review and public hearing. c. Werner CWD Extension ® Mr. Werner has already connected the existing home to the water main on N. Triphammer Road. A second connection for the future house site will be connected to the Town main on Asbury Road. Werner has finalized easement issues with the Town Attorney. ® Need to set a date for the SEQR review and public hearing. d. Thaler CWD Extension ® Mr. Thaler has requested extension of the CWD boundary to include Lot 22 of the Whispering Pines subdivision. Water service will be located within lands retained by Thaler and reserved for a future Town road. ® Need to set a date for the SEAR review and public hearing. e. Peruville Road Water District • Discuss petition received for study of a water district along Peruville Road between Armstrong Road and N. Triphammer Road. ® Estimate feasibility analysis to be $1,500 (will need authorization for this expenditure). f. Myers Heights Rear Road ® Discuss options for including existing parcels adjacent to the Davis Subdivision in a combined CWD extension. g. Consolidated Water District Policy on New Water System Proposals • Review highlights of meeting held with Allardice and assictnments. 2. Sanitary Sewer System Planning and Maintenance a. Sewer Committee ® Review budget status of Study and Report Phase services. ® Next Town Committee meeting is March 22n`'. Mr. Steve Eidt, NYSDEC has confirmed he can attend this meeting. 3. Transportation Planning a. Salt Storage Building • Will be meeting with Highway Dept. on 3/23 to review alternative building systems and compare costs. ilic Hearing for SEQR for Bower Water Extension: RESOLUTION 06 =59 RESOLUTION SETTING PUBLIC HEARING FOR SEAR REVIEW OF EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF BOWER 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, 7 53 Councilperson; and Matthew Besemer, 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 Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board received a request by Charles and Cynthia Bower for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected dwelling is eligible for an extension based upon its location and the existing Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other expenses incurred by the Town or the CWD, will be paid by the applicants; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -51, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to 15 Sweazey Road, Lansing, New York 14882; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town- of Lansing, on the 19th day of April, 2006, at 6:05 o'clock P.M., to consider a SEQRA Review and the environmental impacts of the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Public Hearing for Water District Extension for Bower: RESOLUTION 06 -60 RESOLUTION SETTING PUBLIC HEARING FOR EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF BOWER 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 15th day of March, 2006, E the , following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board Received a request by Charles and Cynthia Bower for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected dwelling is eligible for an extension based upon its location and the existing Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other expenses incurred by the Town or the CWD, will be paid by the applicants; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -51, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to 15 Sweazey Road, Lansing, New York 14882; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:06 o'clock P.M., to consider the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Set Public Hearing for SEAR for Werner Water Extension: RESOLUTION 06 -61 RESOLUTION SETTING PUBLIC HEARING FOR SEQR REVIEW OF EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF WERNER 7 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board received a request by Donald and Christine Werner for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected dwelling is eligible for an extension based upon its location and the existing Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other expenses incurred by the Town or the CWD, will be paid by the applicants; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -50, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to 2967 North Triphammer Road, Lansing, New York 14882; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:11 o'clock P.M., to consider a SEQRA Review and the environmental impacts of the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Hearing for Water District Extension for Werner: 10 55 56 RESOLUTION 06 -62 RESOLUTION SETTING PUBLIC HEARING FOR EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF WERNER 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Martin Christopher; and the vote was as follows: StephE!n Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution thereforEl passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board received a requE'st by Donald and Christine Werner for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected dwelling is eligible for an extension based upon its location and the existing 'Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other expenses incurred by the Town or the CWD, will be paid by the applicants; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -50, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to 2967 North Triphammer Road, Lansing, New York 14882; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:10 o'clock P.M., to consider the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. 11 Set Public Hearing for SEAR for Thaler Water District Extension: RESOLUTION 06 -63 RESOLUTION SETTING PUBLIC HEARING FOR SEAR REVIEW OF EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF THALER 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye,. Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board received a request by Richard Thaler for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected dwelling is eligible for an extension based upon its location and the existing Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other expenses incurred by the Town or the CWD, will be paid by the applicants; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -52, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to Lot 22 of the Whispering Pines Subdivision; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:15 o'clock P.M., to consider a SEQRA Review and the environmental impacts of the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post 12 a • a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Set Public Hearing for Water District Extension for Thaler: RESOLUTION 06 -64 RESOLUTION SETTING PUBLIC HEARING FOR EXTENSION OF CONSOLIDATED WATER DISTRICT TO LANDS OF THALER 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board received a request by Richard Thaler for a back lot extension into the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the Town has determined that the affected property is eligible for an extension based upon its location and the existing Town Back Lot Extension Policy; and WHEREAS, the applicant has acknowledged that the cost of installation of any lines and appurtenances, hook -up fees, the engineering costs of the Town, the legal costs of the Town, and the publication and other Expenses incurred by the Town or the CWD, will be paid by the applicant; and WHEREAS, the expansion of the CWD into said back lot is deemed to be in the public interest; and WHEREAS, by Resolution 06 -52, and subject to a permissive referendum, the Town Board of the Town of Lansing approved and directed the Town Engineer to proceed with the preparation of a map, plan and report for the construction of a water district extension to Lot 22 of the Whispering Pines Subdivision; and WHEREAS, no request for a referendum was received; and WHEREAS, the map, plan and report have been received and reviewed, and the Town Board finds that the extension of the district would be in the public interest and that a public hearing upon such back lot extension is warranted; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opts to provide for an environmental quality review anyway; and WHEREAS, upon and in consideration of the foregoing, and upon due deliberation thereupon, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:16 o'clock P.M., to consider the aforesaid Consolidated Water District extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further 13 RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and hereby is authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Authorize Dave Herrick to look into Water for Peruville Road area: RESOLUTION 06 -65 RESOLUTION AUTHORIZING PRELIMINARY MAP, PLAN AND REPORT FOR POTENTIAL PERUVILLE ROAD CONSOLIDATED WATER DISTRICT EXTENSION 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board having received input and a petition signed by residents of Peruville Road requesting the establishment of a proposed Consolidated Water District ( "CWD ") Extension covering a portion of Peruville Road, mainly between Armstrong and Collins Road; and WHEREAS, the Town has previously studied this area and had some preliminary estimates of cost drawn; which estimates need updating as to the numbers and a re- examination as to feasibility and the size and boundary lines of such proposed CWD Extension; and WHEREAS, the expansion of the CWD into the affected areas is deemed to be in the public interest; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a preliminary feasibility study and a preliminary map, plan and report for the construction of a proposed water district extension along Peruville Road; and it is further RESOLVED that the cost of preliminary study and preliminary map, plan and report, if any, are authorized in an amount not to exceed $1,000.00; and it is further RESOLVED that, consistent with Town Law and the Public Finance Laws, and related laws and regulations of the State of New York, that this Resolution and the expenditure of such funds be subject to permissive referendum as provided for by Town Law. Lansing Station Area Vote: Mr. Krogh stated that the vote on the Special Election will take place on April 3, 2006 from 6:00 a.m. until 9:00 p.m. This will be held at the Lansing Town 14 To Hall. He also stated that a person will only get one vote, no matter how many parcels they own. JACK FRENCH — HIGHWAY SUPERINTENDENT: Water Main Breaks. Mr. French stated that there was a water main break on East Shore Drive, just below Drake Road and another one on Cayuga Heights Road. There was damage done to a house by the break on East Shore Drive. A claim for the damage was sent to NYMIR but was rejected. DEC Inspection. The Dec performed an inspection on the bulk storage tanks at the Highway Department. The Town was fined $200.00 as the DEC stated that the tanks were not registered. Increase in New Trucks. In 2007, there will be an increase on the engines of a new snowplow by $12,000.00 to $ 15,000.00. Mr. French can order one now (at the 2006 price) and not pay for it until 2007. The Board thought this would be a good idea and offered the following resolution: RESOLUTION 06 -66 RESOLUTION AUTHORIZING TOWN HIGHWAY SUPERINTENDENT TO ORDER AND PURCHASE HIGHWAY VEHICLE 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Highway Department indicated a scheduled need for a new truck with plow, for which money has already been reserved, which reserved money will be available in the Town's Year 2007 Budget; and WHEREAS, increases in excess of 15% are expected for truck prices due to fuel costs, steel costs, and new emissions compliance costs; and WHEREAS, the Town Highway Superintendent has discussed these issues with companies supplying such vehicles through county and state bidding procedures, and as a result of such discussions, the Town has learned that it can place an order in 2006, obtain a 2006 price, but pay for such vehicle in January 2007; and WHEREAS, after a review of the foregoing, and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing Town Board hereby authorizes the Town Highway Superintendent to order a truck, with a plow, box, and such other accessories and features as are determined by such Superintendent to be needed and in the best interests of the Town, from any supplier authorized to supply (i) the NYS Office of General Services, and /or (ii) purchases made under County Contract, and /or (iii) from any other source or in any other manner as lawfully allows acquisition without competitive bidding requirements; and it is further 15 RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Highway Superintendent or Town Supervisor to execute and deliver such documents as are necessary to enter into a contract, upon terms as are deemed in the best interests of the Town, to facilitate the ordering of such vehicle for delivery in 2006 with payment therefor in 2007. DICK PLATT — CODE ENFORCEME Monthly Report: ICER: Mr. Platt went over his monthly report and stated that they were up in permits by 5 and also up in project costs by $ 924,050.00. Floyd Davis Sub - division: Mr. Platt stated that the Davis sub - division is in it's final stages but he needs to do a water district extension. Preliminary Procedure Seminar• A seminar on the above will be held at the Lansing Town Hall on March 27tH at 7:15 p.m. of RESOLUTION 06 -67 RESOLUTION APPOINTING SHELDON TO ZONING BOARD OF APPEALS 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing currently has a vacancy upon the Zoning Board of Appeals, which vacancies are filled by Resolution of this Board; and WHEREAS, after a search for eligible and qualified candidates, Henry Sheldon, Jr., has been nominated for appointment to such Board; and WHEREAS, Henry Sheldon, Jr. has accepted such nomination; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that Henry Sheldon, Jr. be and hereby is appointed to the Zoning Board of Appeals for a 5 -year term, with such term to commence March 15, 2006 and to terminate upon December 31, 2010, unless sooner terminated in accord with law. r 0 RESOLUTION 06 -68 uthori W 31 62 RESOLUTION APPOINTING BRAKE TO LANSING HOUSING AUTHORITY At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on thEl 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing currently has a vacancy upon the Board of the Lansing Housing Authority, which vacancies are filled by Resolution of this Board; and WHEREAS, after a search for eligible and qualified candidates, Betty Brake has been nominated for appointment to such Board; and WHEREAS, Betty Brake has accepted such nomination; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that Betty Brake be and hereby is appointed to the Board of the Lansing Housing Authority for a 5 -year term, with such term to commence immediately and to terminate upon December 31, 2010, and to serve thereupon at the pleasure of the Town Board of the Town of Lansing. Authorize John C. Lowery Inc. to put Acoustical Tiles in the Board Room. RESOLUTION 06 -69 CONDITIONAL RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR PURCHASE AND INSTALLATION OF ACOUSTIC TILES IN BOARD ROOM 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town had developed specifications relating to the purchase and installation of acoustic tiles in the Town Board Room; and WHEREAS, the project was under the competitive bid level and thus did not require formal RFPs or other purchasing requirements, but the Town delivered such specifications to 3 identified qualified builders /installers; and WHEREAS, two bids were received, and the Town desired to proceed with ordering the work, but has identified that there was no approved line item in the budget for such construction; and 17 WHEREAS, there are sufficient funds in the budget to pay for such goods and services by budget amendment, and such amendment does not require that any new money be raised; and WHEREAS, upon due consideration of the above, the Town Board of the Town of Lansing has hereby RESOLVED, that the 2006 Approved Budget be and hereby is amended by moving $4,690.00 from the Contingency Fund to the Town Hall Fund; and it is further RESOLVED, that, subject to the approval of the Town Attorney as to the form of contract or agreement and the terms thereof, the Town Supervisor or Deputy Town Supervisor be and hereby are authorized to execute one or more agreements with John C. Lowery, Inc. for the purchase and installation of acoustic panels, in accord with the specifications therefor. Computer Service Contract: RESOLUTION 06 -70 CONDITIONAL RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONTRACT FOR COMPUTER 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 the 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has a need for hardware and software maintenance and repair, and a need to integrate its separate computer systems; and WHEREAS, the Town believes that it needs to insure that different software being used by different departments are compatible for use by others and within a network environment; and WHEREAS, upon request of the full Board, the Technology Committee obtained and analyzed information, pricing, and proposals from several sources that provide computer, networking and maintenance services; and WHEREAS, after review and discussion of such proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing hereby approves and accepts the proposal from Loncto Enterprises, LLC, and, conditioned upon the final approval of the Town Attorney as to the terms of such contract, authorizes the Town Supervisor or Deputy Town Supervisor to execute the contract with such LLC by, for, and in the name of the Town, with such contract to be made effective as of March 1, 2006, se of Town Hall Land to Joseph Molinari: We 63 M i RESOLUTION 06 -71 RESOLUTION AUTHORIZING LEASE OF TOWN LAND ON ROUTE 34 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Matthew Besemer, . and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town had leased approximately 3 acres to Tina Turek, said land being located along S.R. 34 west of the Hilliard property; and WHEREAS, said Tina Turek no longer desires to lease such property; and WHEREAS, Joseph Molinari desires to enter into such lease, for a 1 -year term upon the same terms and conditions as leased to said Tina Turek, and the Town is agreeable to the same; and WHEREAS, the Town has no present need for the use of the said property, public or otherwise; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the lease of the said 3 acres to Joseph Molinari be and hereby is approved for a 1 -year term, and that the Town Supervisor be and hereby is authorized to negotiate such terms and execute such lease as he deems to be in the best interests of the Town, including, but not limited to, the removal of any structures by and at the sole expense of the tenant at expiration or termination of the lease or the lease term. Set Public Hearinq for nt of Ordinance No. 50 — RESOLUTION 06 -72 Dior Citizens: RESOLUTION SCHEDULING PUBLIC HEARING IRE AMENDMENT OF ORDINANCE 50 TO UPDATE SENIOR CITIZENS AND OTHER REAL PROPERTY PARTIAL TAX EXEMPTIONS At a Regular Meeting of the Town Board of the Town of Lansing held in a for the Town of Lansing at the at the Lansing Town Hall on the 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew . Besemer, 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 Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Current Lansing Ordinance Number 50 provides for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by Real Property Law §467, as amended; and 19 WHEREAS, said Ordinance Number 50, in general terms: defines eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies fines for providing false statements; and WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State laws concerning eligibility and exemption levels; 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 a Public Hearing will Auburn Road, Lansing, New York, being of April, 2006, at 6:20 o'clock P.M., to Ordinance 50, and to hear all persons concerning the same, and to take such a by law; and it is further be held at the Lansing Town Hall, 29 in the Town of Lansing, on the 19th day consider the aforesaid amendments to interested in the subject thereof, and ction thereon as is required or permitted 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 in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Assessment Board: RESOLUTION 06 -73 RESOLUTION APPOINTING SPECIAL ASSESSMENT REVIEW BOARD 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has been approached concerning the need for an Assessment Review Committee; and WHEREAS, the Town Board agrees that such a committee would be beneficial to the community; and WHEREAS, upon consideration of nominations and the availability of qualified individuals to so serve, and upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing establish a "Local Advisory Board of Assessment Review" and appoint the following persons to serve thereupon: Martin Christopher, Stephen Farkas, and Matthew Besemer. iqFlj W • • Commencement of Legal Proceeding against Tompkins County: RESOLUTION 06 -74 RESOLUTION REGARDING COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST TOMPKINS COUNTY REGARDING FEES CHARGED FOR REGULATORY 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 the 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission ") is charged fees by Tompkins County (the "County ") for regulatory services provided by the County's Health Department to assure water quality and the Commission's conformance with applicable waiver quality and processing laws and regulations; and WHEREAS, until 2003 the annual fee charged for such services was $600; and WHEREAS, the County unilaterally, without consultation with the Commission, increased the fee charged in 2004 to $6730 and in 2005 to $7920, or more than 13 times the amount charged in 2003; and WHEREAS, other smaller water system operators pay fees as little as $120 per year; and WHEREAS, the Commission has been advised that regulatory fees charged by a County need to bear some correlation to the cost of the regulating activities; and WHEREAS, the County has stated that. formula for calculating its fee structure is not based upon the cost to the County of providing the services to each class of water system operator, but rather upon the number of customers served by each water system operator; and WHEREAS, the County's own materials indicated that the cost of providing regulatory services to the Commission is not anywhere near 66 times greater than the cost of providing the service for a small operator, yet the fee charged the Commission is 66 times more than the fee charged smaller operators; and WHEREAS, the Commission has met with County officials and the County Health Department Board and expressed its concern with the fee structure and the illegality and unfairness of the structure, and requested a change in the fees; and WHEREAS, the County has, to date, refused to rectify the inequities and illegalities of the fees being charged and does not show any evidence that it will, in the future, reduce the inequities in its fee structure; and WHEREAS, to date the Commission has refused to pay the charges assessed against it; and 21 67 WHEREAS, if no action is taken by the Commission, the unpaid charges will continue to accumulate and the Commission's ability to challenge such charges may become time barred; and WHEREAS, because of the County's refusal to entertain changes to its fee structure, it appears the only way for the Commission to rectify the situation is to seek a determination of a court as to the legality of the charges assessed by the County; and WHEREAS, the Commission has authorized the Commission's attorneys to commence a legal proceeding against the County for relief from the County's fee structure; and WHEREAS, if the fee structure is not altered, this municipality will, through expense deductions in the Commission's budget, be required to pay its proportionate share of such improper regulatory fees; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that this Board concurs with the Commission's institution of a legal proceeding seeking the alteration of the County fee structure for regulatory services performed by the County for the Commission and authorizes the institution of such a proceeding; and it is further RESOLVED, that the Town Lansing join in the suit as a petitioner - plaintiff and authorizes the firm of Barney, Grossman, Dubow & Marcus, in consultation with Guy K. Krogh, attorney for the Town of Lansing, to represent the Town of Lansing in such proceeding; and it is further RESOLVED, that this Board authorizes the Supervisor and Clerk to take such further actions, and to sign, individually and on behalf of this municipality, any affidavits, pleadings, or other documents deemed by either of them to be necessary or desirable to prosecute such legal proceeding and to effectuate the intent of the foregoing Resolutions. Approve abstract of Ballot and notice of Special Election: RESOLUTION 06 -75 RESOLUTION APPROVING ABSTRACT OF BALLOT AND NOTICE OF SPECIAL ELECTION At a Regular of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, by Resolution Number 05 -243 (dated December 21, 2005), the Town Board conditionally approved the formation of Consolidated Water District ( "CWD ") Extension 1 (the "Extension ") for certain parcels and areas of and along Algerine and Lansing Station Roads, and for the construction of a water system to serve the Extension; and WHEREAS, the Town Clerk caused to be posted and published, in the same manner as provided for a notice of special election, a notice setting forth the date 22 m of the adoption of the aforesaid Resolution, concisely stating the purpose and effect of such resolution, and that said resolution was adopted subject to a permissive referendum pursuant to Town Law Articles 7 and 12 -A, and the said Resolution so stated; and WHEREAS, on January 18, 2006, pursuant to section 209 -e of the Town Law, petitions in due form were duly presented to the Town Clerk, and signed and acknowledged by the requisite number of owners of taxable real property situate in the proposed extended District as shown upon the latest completed assessment roll of the Town, as prescribed by subdivision 3 of section 209 -e of the Town Law, requesting that a referendum be called and held by the Town Board on the question of the proposed establishment of the Extension; and WHEREAS, under the Town Law, such referendum must be scheduled and held not less than 60 days, nor more then 75 days, from the date of filing of the petitions; and WHEREAS, under Town law certain steps must be taken and completed prior to the election, including but not limited to the preparation of a Ballot Abstract and the preparation and filing of a Notice of Special Election; and WHEREAS, upon due deliberation upon the same, it is hereby RESOLVED, that the Ballot Abstract, as prepared by the Clerk and the Attorney for the Town, which reads as follows: "PROPOSITION 1: A QUESTION REGARDING APPROVAL TO FORM CONSOLIDATED WATER DISTRICT EXTENSION 1 SHALL Resolution 05 -243, adopted by the Lansing Town Board on December 21, 2005, authorizing the formation of the Town of Lansing Consolidated Water District Extension 1 at an estimated cost of $777,200, to be paid for by the said District Extension through a 30 -year serial bond, with an estimated annual EDU (per household) cost of $592.00, BE APPROVED? Yes ❑ No ❑ An abstract of such resolution concisely stating the purpose and effect thereof, is as follows: ABSTRACT OF RESOLUTION 05 -243 REGARDING CONDITIONAL FINAL APPROVAL OF PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION 1 BALLOT ABSTRACT FOR REFERENDUM TO BE HELD AT A SPECIAL ELECTION UPON APRIL 3, 2006 At a Regular Meeting of the Town Board of the Town of Lansing, held on December 21, 2005, the Town Board, by a vote of 3 -2, passed a Resolution (Resolution Number 015-243) conditionally approving the formation of the Town of Lansing Consolidated Water District ( "CWD ") Extension 1, covering portions of areas around and adjoining Algerine and Lansing Station Roads, all as more particularly identified in a Map, Plan and Report: on file at the Town Clerk's Office. 23 The proposed construction to be paid for by CWD Extension 1 consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to CWD Extension 1, at an estimated cost of $777,200.00, all again in accord with said Map, Plan and Report, and the Town Board found that the said Map, Plan and Report complied with the requirements of Section 209 et seq. of the Town Law. The Town Board further found (1) that a proper Notice of Public Hearing was published and posted as required by law, (2) that the property and property owners within the proposed Consolidated Water District Extension 1 are all benefited by the formation of said extension, (3) that the property and property owners benefited are included within the limits of the proposed Consolidated Water District Extension 1, and (4) that it is in the public interest to establish Consolidated Water District Extension 1. The Town Board declared such Resolution as conditional because it remained subject to a permissive referendum, as set forth in Articles 7 and 12 -A of the Town Law, and the review and potential approval of the New York State Comptroller's Office, Department of Audit and Control. By order of the Town Board of the Town of Lansing, in the County of Tompkins, New York, be and is hereby approved; and it is further RESOLVED, that the Notice of Special Election as prepared by the Clerk, and which reads as follows: "TOWN OF LANSING, NEW YORK NOTICE OF SPECIAL TOWN ELECTION TO BE HELD UPON APRIL 3, 2006" NOTICE IS HEREBY GIVEN that a Special Town Election will be held on April 3, 2006, and the polls shall remain open from 6:00 AM until 9:00 PM, or for such longer period of time as may be necessary to enable the voters then present to cast their votes at the following polling places: Election District Polling Places 3 Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 At said Special Town Election the following proposition is to be voted upon: A QUESTION REGARDING APPROVAL TO FORM CONSOLIDATED WATER DISTRICT EXTENSION 1 SHALL Resolution 05 -243, adopted by the Lansing Town Board on December 21, 2005, authorizing the formation of the Town of Lansing Consolidated Water District Extension 1 at an estimated cost of $777,200, to be paid for by the said District Extension through a 30 -year serial bond, with an estimated annual EDU (per household) cost of $592.00, BE APPROVED? Yes ❑ No ❑ Dated: March 15, 2006 A 24 e m 70 Bonita Boles, Town Clerk" be and is hereby approved; and it is further RESOLVED, that the Clerk publish and post such Notice as is required by law. Resolution calling for a Special Election: RESOLUTION 06 -76 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, IN THE COUNTY OF TOMPKINS, NEW YORK, CALLING FOR A SPECIAL TOWN ELECTION TO BE HELD ON APRIL 3, 2006, AND MAKING CERTAIN OTHER DETERMINATIONS IN CONNECTION THEREWITH At a Regular of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, CouncilPE!rson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was cluly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, by Resolution Number 05 -243 (dated December 21, 2005), the Town Board conditionally approved the formation of Consolidated Water District ( "CWD ") Extension 1 (the "Extension ") for certain parcels and areas of and along Algerine and Lansing Station Roads, and for the construction of a water system to serve the Extension; and WHEREAS, the Town Clerk caused to be posted and published, in the same manner as provided for a notice of special election, a notice setting forth the date of the adoption of the aforesaid Resolution, concisely stating the purpose and effect of such resolution, and that said resolution was adopted subject to a permissive referendum pursuant to Town Law Articles 7 and 12 -A, and the said Resolution so stated; and WHEREAS, on January 18, 2006, pursuant to section 209 -e of the Town Law, petitions in due form were duly presented to the Town Clerk, and signed and acknowledged by the requisite number of owners of taxable real property situate in the proposed extended District as shown upon the latest completed assessment roll of the Town, as prescribed by subdivision 3 of section 209 -e of the Town Law, requesting that a referendum be called and held by the Town Board on the question of the proposed establishment of the Extension; and WHEREAS, under the Town Law, such referendum must be scheduled and held not less than 60 days, nor more then 75 days, from the date of filing of the petitions; and WHEREAS, upon due deliberation upon the same, it is hereby RESOLVED as follows: Section 1. The Petitions requesting a referendum on the question of the proposed establishment of the Extension, hereinabovE, referred to in the Recitals hereof, is hereby determined to be sufficient. 25 71 Section 2. A Special Town Election of the Town of Lansing will be held on April 3, 2006, between the hours of 6:00 AM and 9:00 PM, or as much longer as may be necessary to enable the voters then present to cast their votes, at which Special Town Election the proposition contained in the notice hereinafter set forth shall be submitted to the owners of taxable real property situate in the proposed Extension and must be approved by the affirmative vote of a majority of such owners of taxable real property voting on such proposition. The polling place for said Special Town Election shall be the Town Hall, 29 Auburn Road (State Route 34 -B), Lansing, New York 14882. Section 3. The Town Clerk is hereby authorized and directed to publish at least once in the Ithaca Journal, a newspaper published in Ithaca, New York, in the County of Tompkins, hereby designated the official newspaper of the Town for such publication, and to post on the signboard of the Town maintained pursuant to subdivision 6 of section 30 of the Town Law, notice that the Town Board will submit the proposition for the approval or disapproval of the resolution as hereinabove referred to, said publication and posting to be at least ten (10) days before such Special Town Election. Said notice shall be in substantially the following form: "TOWN OF LANSING, NEW YORK NOTICE OF SPECIAL TOWN ELECTION TO BE HELD UPON APRIL 3, 2006" NOTICE IS HEREBY GIVEN that a Special Town Election will be held on April 3, 2006, and the polls shall remain open from 6:00 AM until 9:00 PM, or for such longer period of time as may be necessary to enable the voters then present to cast their votes at the following polling places: Election District Pollinq Places 3 Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 At said Special Town Election the following proposition is to be voted upon: PROPOSITION 1: A QUESTION REGARDING APPROVAL TO FORM CONSOLIDATED WATER DISTRICT EXTENSION 1 SHALL Resolution 05 -243, adopted by the Lansing Town Board on December 21, 2005, authorizing the formation of the Town of Lansing Consolidated Water District Extension 1 at an estimated cost of $777,200, to be paid for by the said District Extension through a 30 -year serial bond, with an estimated annual EDU (per household) cost of $592.00, BE APPROVED? An abstract of such resolution concisely stating the purpose and effect thereof, is as follows: ABSTRACT OF RESOLUTION 05 -243 REGARDING CONDITIONAL FINAL APPROVAL OF PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION 1 BALLOT ABSTRACT FOR REFERENDUM TO BE HELD AT A SPECIAL ELECTION UPON APRIL 3, 2006 At a Regular Meeting of the Town Board of the Town of Lansing, held on December 21, 2005, the Town Board, by a vote of 3 -2, passed a Resolution (Resolution Number 05 -243) conditionally approving the formation of the Town of 26 72 Lansing Consolidated Water District ( "CWD ") Extension 1, covering portions of areas around and adjoining Algerine and Lansing Station Roads, all as more particularly identified in a Map, Plan and Report on file at the Town Clerk's Office. The proposed construction to be paid for by CWD Extension 1 consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to CWD Extension 1, at an estimated cost of $777,200.00, all again in accord with said Map, Plan and Report, and the Town Board found that the said Map, Plan and Report complied with the requirements of Section 209 et seq. of the Town Law, The Town Board further found (1) that a proper Notice of Public Hearing was published and posted as required by law, (2) that the property and property owners within the proposed Consolidated Water District Extension 1 are all benefited by the formation of said extension, (3) that the property and property owners benefited are included within the limits of the proposed Consolidated Water District Extension 1, and (4) that it is in the public interest to establish Consolidated Water District Extension 1. The Town Board declared such Resolution as conditional because it remained subject to a permissive referendum, as set forth in Articles 7 and 12 -A of the Town Law, and the review and potential approval of the New York State Comptroller's Office, Department of Audit and Control. By order of the Town Board of the Town of Lansing, in the County of Tompkins, New York Section 4. The following persons whose names are included on the list of election inspectors and ballot clerks previously designated for general election purposes pursuant to the Election Law are hereby appointed to act as Election Inspectors and Ballot Clerks at such Special Town Election and to perform all duties and undertakings in relation thereto, as prescribed by the Town Law and the Election Law: Janice Davis } Joanne Snyder } Roberta Malley } Carol Willard } Election Inspectors Ballot Clerks Section 5. This resolution shall take effect immediately. BOARD MEMBER REPORTS: MATT BESEMER: Collecting School taxes: Mr. Besemer and Mrs. Wilcox met with a rep. from the Lansing School regarding the collection of school taxes being done in the Town Hall. Mr. Besemer stated that the school was in favor of this and would like to see it done in the Town Clerk's office. They have been in contact with the bank but stated that the bank would not input any information — they would just collect them. They also do not want to figure any penalties or have people pay in person. Connie Wilcox stated that the school is willing to pay the Town $ 7,800.00 which is in their budget for the collection of taxes. A part-time person may be an option. Connie stated that if the Town of Lansing had a bank in Town, it would be a different story, but we don't have one. A straight hourly wage would be paid to a part-time person. Mrs. Wilcox felt that we owe it to our taxpayers to take care of them. 27 MARTY CHRISTOPHER: Employees handbook: Revisions are being done to the old hand book and it is close to being completed. Marty will look over the final copy and hopefully it will be ready for Board approval at the May meeting. Performance Appraisals: Mr. Christopher stated that there is a lack of these appraisals, as they do not exist. He would like to look into having this become a reality. Maybe an annual performance appraisal could be done. Mrs. Wilcox stated that we do not give raises based on performances. She felt it was up to the Department heads to lead their departments and that they could sit down at the beginning of the year and set goals instead of doing performance appraisals. Mr. Shattuck felt this could become subjective and retaliatory, which he felt would "not be a good thing" as it could take it's toll if it is not done right. All felt Department heads would have to be trained before this could even be looked at. Update from Steve Loncto: PO Box 4258 Ithaca, NY 14852 607 - 2884084 607- 227 -6556 February 13, 2006 Town of Lansing 29 Auburn Rd. Lansing, NY 14882 Attention: Technology Committee This is only a quick update as to where the Town of Lansing is with regards to its network. The server is now being backed up nightly with a full backup. The backup is being stored on a separate PC and the server backup is also being backed up once it has been stored on the separate PC. The Recreation Depart was moved from working as a workgroup to members of the TownofLansing.local Domain and all their pertinent data is now being saved to the file server and being backed up nightly. All 3 PC's are up and fully functional. As of today 3/14/06, the Codes department also joined the TownofLansing. local Domain. I heard from Lynn and Pat after I left the building that there are a few issues that need to be addressed. I will return on Wednesday to resolve those issues. I am certain they are minor issues. The license for the backup software has been purchased and has been registered with Symantec. N: 73 W Overall the system is in much better shape than it was 3 months ago and data is now becoming fault tolerant and redundant, which is what we want. More data will fall into that category as soon as each remaining department joins the domain. Again I would like to point out that during this process not only have we moved ahead we have also realized significant savings by re- -using retired equipment and buying smart. On the backups the total cost turned out to be $200 for hard drives and $476 for software. A far cry from the $5,000 1 thought it would cost originally. I have also put Dick Platt's old hard drive to use in Penny's PC again saving money by not buying a new one. Please feel free to ask me any questions you want with regards to anything I have addressed in the memo or in previous correspondence. Steve Lonctp CONNIE WILCOX: The Passing of Bob Baker: Mrs. Wilcox offered her condolences to Mr. Baker's family. Audit Resolution: 06 =77 RESOLUTION, offered by RESOLVED, that the bool the following bills: AUDITED VOUCHER #'S PREPAID VOUCHER #'S Mr. Shattuck and seconded by Mr. Christopher: ;keeper is hereby authorized and directed to pay 177 — 281 177 —180 FUND TOTAL APPROPRIATIONS GENERAL FUND 501816.45 HIGHWAY FUND 481345.63 LANSING LIGHTING 133.55 LANSING WATER DISTRICTS 821292.96 CHERRY ROAD SEWER 54,987.27 TRUST AND AGENCY 32,992.82 Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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 Approve Minutes: A copy of the minutes of February 15th and 22 "d, 2006 were furnished to the Board Members beforehand and the Supervisor asked for a motion to make corrections or to accept the same as submitted. 06 =78 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the minutes of February 15th and 22nd, 2006 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson 29 Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor BUD SHATTUCK: Comprehensive Plan. 75 The County wanted the Town to reconsider changing their zoning to create more dense areas. Two examples are: B -1 District — Height Limits and R -2 District — Cluster Development areas, which could mean % acre lots instead of the % acre lots. The Planning Board will discuss this matter at a future date. Proposed Local Law No. 3. After a lengthily discussion between Board Members, the following resolution was offered: RESOLUTION 06 -79 Resolution Establishing Public Hearing for Local Law Number 3 of 2006 re Mass Gatherings 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has for years examined the need for legislation governing various types of mass gatherings, particularly in light of the needs surrounding the same for traffic control, medical emergency access, water and sanitation, security, noise, and other issues of similar public import; and WHEREAS, the Local Law under consideration shall be known as the Town of Lansing Motorcades, Parades and Public Assemblies Local Law, Local Law Number 3 of 2006; and WHEREAS, the purpose of such Local Law is to regulate and control the motorcades, parades and public assemblies of persons that occur within the Town's boundaries, as a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and motorcades, parades and public assemblies within the Town's boundaries can constitute or pose health, safety, and environmental hazards and risks to persons and properties, and can constitute attractive nuisances to children and certain adults; and WHEREAS, the said Local Law proposes legislation to (1) define the terms "enforcement officer ", "motorcade ", "parade "public assembly ", certain notices and permits, sponsors, vehicles and forms of noncompliance, (2) require the obtaining of a Sheriff's permit for certain gatherings, (3) prescribe the information that must be provided to obtain a permit, (4) prohibit burning or burying of substances and debris at such events, (5) specify permit and indemnity requirements, including the renewal of permits and the cancellation of permits, (6) define application procedures and fees, (7) to provide for environmental review of certain events, (8) to allow the town to consult with advisors in relation to certain mass gatherings, (9) to define the issuance and significance of a 30 76 permit, (10) to provide for the enforcement of permit terms and restrictions, (11) to consider relevant factors in the permitting process, including, but not limited to, (a) whether a Sheriff's permit has been obtained and submitted, (b) the proximity of the assembly site to established residential areas, recreational areas, nursing homes or other medical facilities, firehouses, schools, or unique natural areas (including the lakefront and tributaries thereto), or main access routes thereto, (c) the nature and type of assembly, but with a content neutral viewpoint for First Amendment issues, (d) the availability of other suitable routes or locations, (e) whether or not the proposed route or location can be reasonably protected from unreasonably affecting the public health and safety by reason of offensive or unhealthy conditions, processes, noises, odors, smoke., or materials, (f) whether the proposed assembly will conflict in terms of route, location, or time with any other event or the normal flow of persons or traffic, (g) the size, number and type of vehicles potentially involved, and the number of persons present or expected, (h) the suitability and size of the location proposed or chosen, (i) the proposed duration of the assembly, (j) the suitability and sufficiency of all services proposed to be provided, included but not limited to ambulance and medical care, police and security, food and beverage services, sanitary and refuse handling and removal, parking areas, water distribution systems, electrical supply systems, ingress and egress, traffic handling and routing, (k) the sufficiency of all routes, roadways, pedestrian walkways and gathering areas, fire control plans, systems and devices, the accuracy and sufficiency of any application materials, including but not limited to any site plan, drawing, survey, or map, (1) the potential for unreasonable amounts or levels of disruption, nuisance, or other adverse effect upon any nearby residents or businesses, or any adverse impacts upon flora, fauna and the environment, (11) rights to appeal any denial of a permit, (12) the clean -up and restoration of sites after events, (13) civil remedies of the Town, and fines and penalties for violations of permits or the Local Law, including a fine of not more than $1,500.00 and a period of incarceration not to exceed 30 days, or for a civil penalty of not more than $3,000.00, (14) indemnity rights of the Town, (15) limitations upon Town liability, (16) a procedure for variances and waivers, including a description of events that do not require permitting; and WHEREAS, upon due deliberation upon the same, it is hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of May, 2006, at 6:25 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Proposed Sex Offender Law: After a short discussion, the Board agreed to pass the following resolution: RESOLUTION 06 -80 Resolution Establishing Public Hearing for Local Law Number 2 of 2006 re Sex Offenders 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 15th day of March, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following LGT members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has determined that the regulation of movement of certain registered sex offenders is in the public interest to protect the health, safety and welfare of children of the Town of Lansing, consistent with recently enacted New York State laws, particularly in regards to schools, parks, and certain recreational and child care facilities; and WHEREAS, the said Local Law is to be entitled "The Regulation of Movement of Certain Convicted Sex Offenders of and within the Town of Lansing Local Law to be also known as Local Law Number 2 of 2006; and WHEREAS, said Local Law proposes to (1) define certain terms, such as "sex offender ", "school grounds", "parklands ", and recreational and care facilities used for or commonly used by children, (2) define prohibited conduct of such sex offenders, including the entry upon or presence within certain distances of certain facilities and locations, (3) the provision of exceptions based upon permits, lawful medical emergencies, lawful travel upon public roadways, the provision or receipt of governmental services, and (4) to specify civil and criminal penalties and fines for violations of such Local Law; and WHEREAS, upon due deliberation upon the same, it is hereby RESOLVED, that a Public. Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:30 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. BETTER HOUSING: The Better Housing Authority will hold a meeting at the Town Hall on April 18, 2006 for a Town wide workshop. CO- OPERATIVE EXTENSION: The Co- operative Extension will hold two (2) workshops at the Town Hall regarding energy savings. The first will be held on March 20 2006. STEVE FARKAS, SPCA: Mr. Farkas received a letter from the SPCA stating that they will no longer deliver dog tickets but they will be mailing them. Mr. Shattuck felt this would make the contract between the Town of Lansing and the Tompkins County SPCA null and void. He wants to re- negotiate said contract. Tompkins Countv Health Department — burning: M 77 Tompkins County has officially prohibited the burning garbage from many commercial facilities in Tompkins County County Health Department will enforce this. Lansing Star: of rubbish and The Tompkins Mr. Farkas showed the official certificate of the Lansing Star, which has been put in a nice frame and will be placed in the Town Hall. 06 =81 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss an Insurance matter at 8:42 p.m.: Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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 06 =82 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the Executive Session be terminated and the Regular meeting be reconvened at 8:59 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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 06 =83 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 9:09 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, 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. 33 i I 1