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Home My WebLink About2006-04-19REGULAR TOWN BOARD MEETING Date: April 19, 2006 Time: 6:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — 6:05 p.m. — Bower SEQR 5. Public Hearing — 6:06 p.m. — Bower CWD Extension 6. Public Hearing — 6:10 p.m. — Werner SEQR 7. Public Hearing — 6:11 p.m. — Werner CWD Extension 8. Public Hearing — 6:15 p.m. — Thaler SEQR 9. Public Hearing — 6:16 p.m. — Thaler CWD Extension 10. Public Hearing — 6:20 p.m. — Senior Citizen Exemptions 11. Public Hearing — 6:30 p.m. — Sex Offender Local Law 12. Privilege of the Floor: a) Anyone wishing to address the Board 13. Farm Land Protection — PDR 14. Engineer's Report 15. Highway Superintendent's Report 16. Code Enforcement Officer's Report 17. Parks and Recreation Report 18. Approve Audit 19. Approve Minutes of March 22, 2006 20. Any other Business brought before the Board 21. Board Member Reports 22. Executive Session if Needed 23. Adjourn Meeting April 19, 2006 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room with Supervisor Farkas presiding. Call, The Supervisor called the meeting to order and had the clerk take the Roll ROLL CALL Stephen Farkas Supervisor Present Matt Besemer Councilperson Absent Marty Christopher Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present The Supervisor led all present in the Pledge of Allegiance. VISITORS: Jack French, Dave Herrick, Dick Platt, Dave Heck, Chuck Bower, Joe Quigley, Andrea and Chuck Benson, Debbie Teeter, Steve Colt and a couple of other people. Bower Lead Agency: RESOLUTION 06 -84 RESOLUTION DECLARING TOWN BOARD AS LEAD AGENCY FOR SEQRA REVIEW RE BOWER BACK LOT EXTENSION TO CWD 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Charles and Cynthia Bower are owners of certain lands at 15 Sweazey Road, Lansing, New York 14882, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requirEls an amendment to the boundaries of the CWD; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby 1 RESOLVED AND DETERMINED, that the Town Board of the be and hereby is appointed the Lead Agency for purposes environmental review of the subject project pursuant to Regulations promulgated there under. Open Public Hearing on Bower SEQRA• RESOLUTION 06 -85 C�1 • Town of Lansing of conducting an SEAR, and the RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Bower SEQRA be opened at 6:05 p.m. 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 Close Public Hearing on Bower SEQRA• RESOLUTION 06 -86 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Bower SEQRA be closed at 6:06 p.m. 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 Bower's Negative Declaration• RESOLUTION 06 -87 RESOLUTION DECLARING NEGATIVE DECLARATION RE BOWER BACK LOT EXTENSION TO CWD 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Charles and Cyr Sweazey Road, Lansing, New of Lansing Consolidated Water WHEREAS, the owners of said extensions to become part of boundaries of the CWD; and ithia Bower are York 14882, and District ( "CWD"); lots have reques the CWD, which owners of certain lands at 15 said land is not within the Town and ted that they be granted back lot requires an amendment to the WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board made and appropriation to pay for the proposed extension map, plan, and report, which 2 M • 9 map, plan and report must comply with the requirements of Town Law § 209 -c, and upon which no permissive referendum was requested; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:05 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to takEl such action thereon as is required or permitted by law; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies, and by Resolution dated April 19, 2006 (Resolution Number 06 -84) the Town Board of the of Lansing was declared as the Lead Agency for environmental review; and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated there under, and the Town Board, as lead agency, hereby makes a negative declaration of environmental impact. Open Public Hearing to Approve Bower CWD: RESOLUTION 06 -88 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Bower CWD Extension is hereby opened at 6:06 p.m. 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 Close Public Hearing on _Bower CWD Extension: RESOLUTION 06 -89 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Bower CWD Extension is hereby closed at 6:09 p.m. 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 3 Approve Bower CWD Extension: RESOLUTION 06 -90 m• RESOLUTION APPROVING MAP, PLAN AND REPORT AND ESTABLISHING BOWER BACK LOT EXTENSION TO CWD 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Charles and Cynthia Bower are owners of certain lands at 15 Sweazey Road, Lansing, New York 14882, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board must make an appropriation to pay for the proposed extension map, plan and report ( "MPR "), which MPR must comply with the requirements of Town Law § 209 -c, and WHEREAS, by Resolution dated March 15, 2006 (Resolution Number 06 -51) the Town duly authorized the expenditure of funds therefore; and WHEREAS, the appropriation for the MPR was subject to a permissive referendum under and pursuant to Town Law Article 7 and Town Law § 209 -b, and the 30 day filing period for a permissive referendum has expired and no request for a referendum was made or received; and WHEREAS, the MPR were all on file with the Town Clerk for public inspection; and WHEREAS, the Town Engineer has reviewed all relevant materials and believes that the proposed extension is permissible as the property owners will pay for all costs associated with the extension, and therefore recommends the same; and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on Cayuga Lake, and the Town and the Commission have determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the improvements proposed, the boundaries of the proposed consolidated district extension, and the estimated expense thereof have all and each been reviewed and approved by the Town Engineer and the Town Attorney, and the proponents of the Consolidated District extension have agreed to pay all expenses incurred to install such extension of service to the subject parcel pursuant to Town requirements, and have agreed to reimburse the Town and the Consolidated District for expenses incurred in considering, approving, creating, and establishing such Consolidated District extension, such that there is no capital or other cost to the Town or the Consolidated District resulting from the establishment of this extension; and 4 0 WHEREAS, the assessed valuation of the property affected hereby is $126,000.00, as based upon the 2005 assessment roll for the Town of Lansing, and valuations in the Town are at 100 %; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of August, 2005, at 6:05 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:06 o'clock P.M., to consider the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board of the Town of Lansing, as Lead Agency, declared a Negative Declaration after conducting a SEQRA review, by Resolution dated April 19, 2006 (Resolution Number 06 -87); and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and in consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AN comply with the and are hereby particularly as boundaries and and it is further ID DETERMINED, that requirements of Article approved and adopted to the descriptions a first year's expenses thi 12. as nd for final Map, Plan and Report ( "MPR ") -A and Section 209 -c of the Town Law, if the same were fully set forth herein, expenses set forth therein for the the proposed expansion and district; RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further RESOLVED AND DETERMINED, that the proposed CWD Expansion will be constructed to provide municipal water to afore - described property, and the description thereof as set forth in MPR is hereby adopted as the boundary description of CWD Expansion; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district CWD expansion to become part of the CWD; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such expanded district; and it is further RESOLVED AND DETERMINED, that servicing and maintenance of such expanded CWD be provided for by the Town in the name of said district after construction, completion and hook -up by the applicants; and it is further RESOLVED AND DETER costs of rights -of -way and by the applicants, and as and approval of the State Town Law §209 -f; nor is State or Audit and Control MINED, that as the proposed improvement, including construction, have already been paid and will be paid no public financing or funding is required, the review Comptroller is not required or necessary pursuant to the approval of the New York State Departments of required; and it is further 5 W09 RESOLVED, that the proposed extension of the Town of Lansing Consolidated Water District be and is hereby approved, and the service extension herein mentioned be constructed and the service herein mentioned be provided for once the required funds are made available or provided for, with final approval to be (1) at the discretion of the Town Supervisor once he is satisfied that (a) all fees and expenses have been duly paid or reimbursed by the landowners, and (b) Town Engineer is satisfied with the installation, and (2) after the running of the permissive referendum period (see Town Law §209- e(3)), but however (3) subject to the approvals required, if any, from the Department of Audit and Control and the New York State Comptroller; and it is further RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file a certified copy of this Resolution within 10 days with (1) the Tompkins County Clerk, and (2) the Department of Audit and Control in Albany, New York; and it is further RESOLVED that the Town Supervisor and Deputy Supervisor be and hereby are authorized to execute each and any applications or other documents required or necessary to create such Consolidated District extension; and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is subject to a permissive referendum as provided for in Town Law §209 -e(3), and is not subject to the approval of the State Comptroller pursuant to Town Law §209 -f(1). Werner Lead Agency: RESOLUTION 06 -91 RESOLUTION DECLARING TOWN BOARD AS LEAD AGENCY FOR SEQRA REVIEW RE WERNER BACK LOT EXTENSION TO CWD 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Donald and Christine Werner are owners of certain lands at 2967 North Triphammer Road, Lansing, New York 14882, and said land is not within the Town of Lansing. Consolidated Water District ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby M RESOLVED AND DETERMINED, that the Town Board of the be and hereby is appointed the Lead Agency for purposes environmental review of the subject project pursuant to Regulations promulgated there under. Open Public Hearing on Werner SEQRA: RESOLUTION 06 -92 Town of Lansing of conducting an SEQR, and the RESOLUTION, offered by Mr. Shattuck and Mr. Christopher: RESOLVED, that the Public Hearing on the Werner SEQRA is hereby opened at 6:10 p.m. 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 Close Public Hearing on Werner SEQRA: RESOLUTION 06 -93 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Werner SEQRA is hereby closed at 6:10 p.m. 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 Werner Negative Declaration: RESOLUTION 06 -94 RESOLUTION DECLARING NEGATIVE DECLARATION RE WERNER BACK LOT EXTENSION lr0 CWD 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 '19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Donald and Christine Werner are owners of certain lands at 2967 North Triphammer Road, Lansing, New York 14882, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and . WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board made and appropriation to pay for the proposed extension map, plan and report, which 7 map, plan and report must comply with the requirements of Town Law § 209 -c, and upon which no permissive referendum was requested; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town -of Lansing, on the 19th day of April, 2006, at 6:10 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies, and by Resolution dated April 19, 2006 (Resolution Number 06 -91) the Town Board of the of Lansing was declared as the Lead Agency for environmental review; and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated there under, and the Town Board, as lead agency, hereby makes a negative declaration of environmental impact. Open Public Hearing on Werner CWD Extension: RESOLUTION 06 -95 RESOLUTION, offered by.Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Werner CWD is hereby opened at 6:11 p.m. 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 Close Public Hearing on Werner CWD Extension• RESOLUTION 06 -96 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the proposed Werner CWD Extension is hereby closed at 6:12 p.m. 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 Adopt Werner CWD Extension: 0 • w RESOLUTION 06 -97 RESOLUTION APPROVING MAP, PLAN AND REPORT AND ESTABLISHING WERNER BACK LOT EXTENSION TO CWD 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Donald and Christine Werner are owners of certain lands at 2967 North Triphammer Road, Lansing, New York 14882, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board must make an appropriation to pay for the proposed extension map, plan and report ( "MPR "), which MPR must comply with the requirements of Town Law § 209 -c, and WHEREAS, by Resolution dated March 15, 2006 (Resolution Number 06 -50) the Town duly authorized the expenditure of funds therefore; and WHEREAS, the appropriation for the MPR was subject to a permissive referendum under and pursuant to Town Law Article 7 and Town Law § 209 -b, and the 30 day filing period for a permissive referendum has expired and no request for a referendum was made or received; and WHEREAS, the MPR were all on file with the Town Clerk for public inspection; and WHEREAS, the Town Engineer has reviewed all relevant materials and believes that the proposed extension is permissible as the property owners will pay for all costs associated with the extension, and therefore recommends the same; and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on Cayuga Lake, and the Town and the Commission have determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the improvements proposed, the boundaries of the proposed consolidated district extension, and the estimated expense thereof have all and each been reviewed and approved by the Town Engineer and the Town Attorney, and the proponents of the Consolidated District extension have agreed to pay all expenses incurred to install such extension of service to the subject parcel pursuant to Town requirements, and have agreed to reimburse the Town and the Consolidated District for expenses incurred in considE :ring, approving, creating, and establishing such Consolidated District extension, such that there is no capital or other cost to the Town or the Consolidated District resulting from the establishment of this extension; and 9 t 0, • WHEREAS, the assessed valuation of the property affected hereby is $231,000.00, as based upon the 2005 assessment roll for the Town of Lansing, and valuations in the Town are at 100 %; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of August, 2005, at 6:10 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:11 o'clock P.M., to consider the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board of the Town of Lansing, as Lead Agency, declared a Negative Declaration after conducting a SEQRA review, by Resolution dated April 19, 2006 (Resolution Number 06 -91); and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and in consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AN comply with the and are hereby particularly as boundaries and and it is further ID DETERMINED, that th requirements of Article 12 approved and adopted as to the descriptions and first year's expenses for final Map, Plan and Report ( "MPR ") -A and Section 209 -c of the Town Law, if the same were fully set forth herein, expenses set forth therein for the the proposed expansion and district; RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further RESOLVED AND DETERMINED, that the proposed CWD Expansion will be constructed to provide municipal water to afore - described property, and the description thereof as set forth in MPR is hereby adopted as the boundary description of CWD Expansion; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district CWD expansion to become part of the CWD; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such expanded district; and it is further RESOLVED AND DETERMINED, that servicing and maintenance of such expanded CWD be provided for by the Town in the name of said district after construction, completion and hook -up by the applicants; and it is further RESOLVED AND DETERMINED, that as the proposed improvement, including costs of rights -of -way and construction, have already been paid and will be paid by the applicants, and as no public financing or funding is required, the review and approval of the State Comptroller is not required or necessary pursuant to Town Law §209 -f; nor is the approval of the New York State Departments of State or Audit and Control required; and it is further 10 we RESOLVED, that the proposed extension of the Town of Lansing Consolidated Water District be and is hereby approved, and the :service extension herein mentioned be constructed and the service herein mentioned be provided for once the required funds are made available or provided for, with final approval to be (1) at the discretion of the Town Supervisor once he is satisfied that (a) all fees and expenses have been duly paid or reimbursed by the landowners, and (b) Town Engineer is satisfied with the installation, and (2) after the running of the permissive referendum period (see Town Law §209- e(3)), but however (3) subject to the approvals required, if any, from the Department of Audit and Control and the New York State Comptroller; and it is further RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file a certified copy of this Resolution within 10 days with (1) the Tompkins County Clerk, and (2) the Department of Audit and Control in Albany, New York; and it is further RESOLVED that the Town Supervisor and Deputy Supervisor be and hereby are authorized to execute each and any applications or other documents required or necessary to create such Consolidated District extension; and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is subject to a permissive referendum as provided for in Town Law §209 -e(3), and is not subject to the approval of the State Comptroller pursuant to Town Law §209 -f(1). Thaler Lead Agent: RESOLUTION 06 -98 RESOLUTION DECLARING WH SP RING P NES V, LOT 22) BACK L QRA OT REVIEW RE THALE EXTENSION TO CWD 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 'i 9th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Richard Thaler is the owner of certain lands at Lot 22 of the Whispering Pines V Subdivision, located off Tiger Lilly Lane in such subdivision, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the owner of said lot, being also the developer of the said subdivision, has requested that said lot be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, this proposed action is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies; and 11 91 WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the Town Board of the Town of Lansing be and hereby is appointed the Lead Agency for purposes of conducting and environmental review of the subject project pursuant to SEQR, and the Regulations promulgated there under. Open Pubic Hearing for Thaler SEQRA: RESOLUTION 06 -99 RESOLUTION, offered Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing for the Thaler SEQRA is hereby opened at 6:15 p.m. 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 Close Public Hearing on Thaler SEQRA: RESOLUTION 06 -100 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Thaler SEQRA is hereby closed at 6:16 p.m. 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 Thaler's Negative Declaration: RESOLUTION 06 -101 RESOLUTION DECLARING NEGATIVE DECLARATION RE THALER BACK LOT EXTENSION TO CWD FOR WHISPERING PINES SUBDIVISION, PHASE V, LOT 22 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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, Martin Christopher — aye; Connie Wilcox — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Richard Thaler is the owner of certain lands at Lot 22 of the Whispering Pines V Subdivision, located off Tiger Lilly Lane in such subdivision, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and 12 92 WHEREAS, the owners of said lots have requested that they be granted back lot extensions to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board made and appropriation to pay for the proposed extension map, plan and report, which map, plan and report must comply with the requirements of Town Law § 209 -c, and upon which no permissive referendum was requested; and WHEREAS, this proposed action. is not subject to the requirements of SEQRA pursuant to NYCRR Title 6, Part 617, Section 617.5(c)(11), but the Town opted to provide for an environmental quality review and public hearing thereupon anyway; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:16 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies, and by Resolution dated April 19, 2006 (Resolution Number 06 -98) the Town Board of the Town of Lansing was declared as the Lead Agency for environmental review; and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated there under, and the Town Board, as lead agency, hereby makes a negative declaration of environmental impact. Open Public Hearing for Thaler's proposed CWD Extension: RESOLUTION 06 -102 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on Thaler's proposed CWD Extension is hereby opened at 6:16 p.m. 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 Close Public Hearing on Thaler's proposed CWD Extension: RESOLUTION 06 -103 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on Thaler's proposed CWD Extension is hereby closed at 6:17 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 13 Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor nsion: RESOLUTION 06 -104 93 RESOLUTION APPROVING MAP, PLAN AND REPORT AND ESTABLISHING THALER BACK LOT EXTENSION TO CWD FOR WHISPERING PINES SUBDIVISION, PHASE V, LOT 22 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Richard Thaler is the owner of certain lands at Lot 22 of the Whispering Pines V Subdivision, located off Tiger Lilly Lane in such subdivision, and said land is not within the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, the owner of said lots has requested that he be granted a back lot extension to become part of the CWD, which requires an amendment to the boundaries of the CWD; and WHEREAS, pursuant to Article 12 -A of the Town Law, the Town Board must make an appropriation to pay for the proposed extension map, plan and report ( "MPR "), which MPR must comply with the requirements of Town Law § 209 -c, and WHEREAS, by Resolution dated March 15, 2006 (Resolution Number 06 -52) the Town duly authorized the expenditure of funds therefore; and WHEREAS, the appropriation for the MPR was subject to a permissive referendum under and pursuant to Town Law Article 7 and Town Law § 209 -b, and the 30 day filing period for a permissive referendum has expired and no request for a referendum was made or received; and WHEREAS, the MPR were all on file with the Town Clerk for public inspection; and WHEREAS, the Town Engineer has reviewed all relevant materials and believes that the proposed extension is permissible as the property owners will pay for all costs associated with the extension, and therefore recommends the same; and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on Cayuga Lake, and the Town and the Commission have determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the improvements proposed, the boundaries of the proposed consolidated district extension, and the estimated expense thereof have all and each been reviewed and approved by the Town Engineer and the Town Attorney, and the proponents of the Consolidated District extension have agreed to pay all 14 Mi expenses incurred to install such extension of service to the subject parcel pursuant to Town requirements, and have agreed to reimburse the Town and the Consolidated District for expenses incurred in considering, approving, creating, and establishing such Consolidated District extension, such that there is no capital or other cost to the Town or the Consolidated District resulting from the establishment of this extension; and WHEREAS, the assessed valuation of the property affected hereby is $95,000.00, as based upon the 2005 assessment roll for the Town of Lansing, and valuations in the Town are at 100 %; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of August, 2005, at 6:15 o'clock P.M., to consider the SEQRA Review and environmental impacts of the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, after due notice thereof, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of April, 2006, at 6:16 o'clock P.M., 'to consider the aforesaid CWD extension, to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board of the Town of Lansing, as Lead Agency, declared a Negative Declaration after conducting a SEQRA review, by Resolution dated April 19, 2006 (Resolution Number 06 -101); and WHEREAS, upon consideration of the evidence and matters discussed and /or considered at such public hearings; and WHEREAS, upon due deliberation and in consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report ( "MPR ") comply with the requirements of Article 12 -A and Section 209 -c of the Town Law, and are hereby approved and adopted as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed expansion and district; and it is further RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further RESOLVED AND DETERMINED, that the proposed CWD Expansion will be constructed to provide municipal water to afore - described property, and the description thereof as set forth in MPR is hereby adopted as the boundary description of CWD Expansion; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district CWD expansion to become part of the CWD; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such expanded district; and it is further RESOLVED AND DETERMINED, that servicing and maintenance of such expanded CWD be provided for by the Town in the name of said district after construction, completion and hook -up by the applicants; and it is further 15 RESOLVED AND DETER costs of rights -of -way and by the applicants, and as and approval of the State Town Law §209 -f; nor is State or Audit and Control MINED, that as the proposed improvement, including construction, have already been paid and will be paid no public financing or funding is required, the review Comptroller is not required or necessary pursuant to the approval of the New York State Departments of required; and it is further RESOLVED, that the proposed extension of the Town of Lansing Consolidated Water District be and is hereby approved, and the service extension herein mentioned be constructed and the service herein mentioned be provided for once the required funds are made available or provided for, with final approval to be (1) at the discretion of the Town Supervisor once he is satisfied that (a) all fees and expenses have been duly paid or reimbursed by the landowners, and (b) Town Engineer is satisfied with the installation, and (2) after the running of the permissive referendum period (see Town Law §209- e(3)), but however (3) subject to the approvals required, if any, from the Department of Audit and Control and the New York State Comptroller; and it is further RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file a certified copy of this Resolution within 10 days with (1) the Tompkins County Clerk, and (2) the Department of Audit and Control in Albany, New York; and it is further RESOLVED that the Town Supervisor and Deputy Supervisor be and hereby are authorized to execute each and any applications or other documents required or necessary to create such Consolidated District extension; and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is subject to a permissive referendum as provided for in Town Law §209 -e(3), and is not subject to the approval of the State Comptroller pursuant to Town Law §209 -f(1). n Public Hearing on Senior Citizen Exemptions: RESOLUTION 06 -105 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the proposed Senior Citizen Exemptions is hereby opened at 6:20 p.m. 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 lose Public Hearing on Senior Citizen Exemn+innc• RESOLUTION 06 -106 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Senior Citizen Exemptions is hereby closed at 6:21 p.m. 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 C motions- RESOLUTION 06 407 lull 95 RESOLUTION AMENDING TOWN OF LANSING ORDINANCE 50 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -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 permittEld by Real Property Law §§ 459 -c and 467, as amended; and 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, a Public Hearing was duly 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 6:20 o'clock PM, and all persons interested in the subject hereof were heard and evidence was taken, if any; 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 Ordinance 50 be and is hereby amended and restated in its entirety as follows: "TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK ORDINANCE NO. 50 Senior Citizens Real Property Partial Tax Exemption HISTORY: Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the adoption of a new Ordinance No. 50, and the repeal of Ordinance No. 5 (as adopted August 9, 1966, which ordinance was amended November 301 1970, March 11, 1975, February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1982, March 13, 1984, February 11, 1987 August 15, 1990, January 30, 1991, December 8, 1993, October 12, 1994, December 21, 1994, December 31, 1996, December 16, 1998, January 17, 2001, and October 16, 2002), as amended April 19, 2006, providing for a partial tax exemption of real property owned by certain persons with limited income who are disabled or of 65 years of age or over. 17 16 Repeal and Effective Date: The provisions of Ordinance No. 50 of the Town of Lansing is hereby replaced and superseded in its entirety by this Ordinance 50, hereby made immediately effective. I Authority and Purposes: This Ordinance is enacted pursuant to Sections 459 -c and 467 of the Real Property Tax Law of the State of New York, as now written or as hereafter amended, including amendments made by Chapter 756 of the laws of. 1986. Pursuant to the provisions of Sections 459 -c and 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 459 -c and 467 based upon the income of the owner or the combined income of the owners. I Exemption Tables and Qualifications: Such partial exemption shall be based upon the applicant's income and shall be based upon the maximum exemption rate permitted by said Sections 459 -c and 467 of the Real Property Tax Law of the State of New York, as now exist or as hereafter amended. To the extent any tables are stated or incorporated into said Sections 459 -c and 467 of the Real Property Tax Law of the State of New York, they are expressly incorporated into this Ordinance. The partial exemption provided by this Ordinance shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Sections 459 -c and 467 of the Real Property Tax Law of the State of New York. 4. Application Procedures & Determinations: Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board of Assessment and to be furnished by the Tompkins County Assessment Department. All of said owners shall furnish the required information and execute the forms in the manner required by or prescribed in such forms. Such completed form(s) shall be filed in the Assessment Department Office on or before the appropriate taxable status date. The County Assessment Department and the State of New York shall determine eligibility, and any applicant must follow said entities' procedures, rules and regulations to be, become, and /or remain eligible for such exemption. This Ordinance shall be administered in accordance with Sections 459 -c and 467 of the Real Property Tax Law, as now adopted or as may be amended from time to time, and the provisions of said Sections shall be applicable to the effectuation of the exemption provided for in this Ordinance. 59 False Statements and Penalties: Any civil determination or criminal conviction for having made any willful false statement on or in the application for such exemption shall be punishable by a civil penalty of not more than $300.00, and shall disqualify the applicant or applicants from further exemptions for a period of five years. Such civil penalty may be collected by the Town of Lansing in a civil proceeding brought in its name. The imposition of this civil penalty does not absolve any person who makes any false or willful statement from being prosecuted criminally. V 97 � R 6. Effective Tax Years: This Ordinance shall be applicable to for the 2006 Town Tax year, and each year thereafter until this Ordinance is amended, repealed or rescinded. 7. Severability: If any term, clause or provision of this Ordinance is held illegal or unenforceable, the same shall be deemed severed from this Ordinance, and the remainder hereof shall be unaffected thereby and shall be deemed lawful and enforceable to the maximum extent 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. Open Public Hearing on Sex Offender Local Law: RESOLUTION 06 -108 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Sex Offender Local Law is hereby opened at 6:30 p.m. 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 Close Public Hearing on proposed Sex Offender Local Law: RESOLUTION 06 -109 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Sex Offender Local Law is hereby closed at 6:40 p.m. 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 Adopt Local Law No. 2 for the Year 2006: RESOLUTION 06 -110 RESOLUTION ADOPTING 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: 19 M 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 first priority of government is to ensure the safety and weal of its residents, particularly those citizens who are particularly vulnerable, such as children and learning impaired or disabled adults; and WHEREAS, the Town Board, pursuant to its statutory and constitutional powers as expressed, inter alia, in the Constitution of the State of New York, the Municipal Home Rule Law, the General Municipal Law, and the Town Law, the Town of Lansing has adopted the following Local Law #2 of 2006, and in coming to such decision to so adopt said Local Law, the Town Board has examined the unique character and geography of the Town of Lansing, the Town's rural characteristics, the layout of highways and streets, the manner and location of places where children and other vulnerable citizens congregate, the lack of lighting, the lack of a Town police force, and other factors, and the Town Board by, on behalf of, and in the name of the Town of Lansing has determined that it is in the best interests of the Town and its citizens to regulate the movement and presence of certain convicted criminals whom the State of New York has categorized as posing a risk of repeating certain crimes; 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, 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 19th day of April, 2006, at 6:30 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 2 of 2006, as set forth in its entirety below: "TOWN OF LANSING LOCAL LAW NUMBER 2 OF 2006 REGULATION OF THE MOVEMENT AND PRESENCE OF SEX OFENDERS The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated April 19, 2006, does hereby pass a Local Law as follows: Article 1. History & Authority This Local Law hereby supersedes all prior Local Laws and Ordinances of the Town relating to the subject matter hereof. This Local Law is adopted pursuant to the Municipal Home Rule Law, which enables local governments to.adopt local laws relating to their property, affairs, or government, so long as the local 20 100 laws are not inconsistent with the New York State Constitution or any general law of New York State. The New York State Municipal Home Rule Law also authorizes local governments to adopt local laws regulating the protection, order, conduct, safety, health and welfare of the persons within the local municipality. This Local Law is adopted in recognition of the recently enacted Chapter 544 of the Laws of the State of New York of 2005 and Article 6 -C of the Correction Law of the State of New York, which laws prohibit certain sex offenders from entering upon school grounds, facilities where children are cared for, and other public places. The Town of Lansing has determined that this Local Law is not inconsistent with said Chapter 544 of the Laws of 2005, nor with other laws of the State of New York or the laws of the Federal Government. Article 2. Purpose The purpose of this Local Law is to promote the health, safety, and welfare of the community (including the preservation and protection of the persons, property, Minors, and children of the Town of Lansing), and to protect peace and good order in the Town, by regulating and controlling activities of certain sex offenders while within the Town of Lansing, and by providing enforcement in furtherance thereof. Certain activities of sex offenders are regulated by the State of New York and the Federal Government, but such regulations do not preclude further legislation by municipalities. Thus, the Town of Lansing is seeking to further define Local Laws in relationship to individuals who have been categorized as Level Two Sex Offenders and Level Three Sex Offenders. Level Two Sex Offenders have been determined by the State of New York, or its authorized agencies, to be a moderate risk of committing another sexual crime, and Level Three Sex Offenders have been determined to be of a high risk to commit another sexual crime. Therefore, Level Two Sex Offenders and Level Three Sex Offenders pose a threat to the public safety, and it is paramount that action be taken to safeguard the health, safety, and welfare of the community, including the preservation and protection of the persons, property, Minors, and children of the Town, and of the peace and good order therein. Article 3. Conflict with New York State or Federal Laws In the event of any conflict between Federal Law, New York State Law and this Local Law, Federal Law shall be deemed primary, State Law secondary, and this Local Law tertiary, but only to the extent this Local Law is impermissibly inconsistent with such Federal or State Laws. Unless expressly pre - empted, any provisions of this Local Law that are more restrictive or stringent that any applicable Federal or State Law shall be and remain enforceable until and unless declared unenforceable, unconstitutional, or impermissible by a court or other tribunal of competent jurisdiction. Article 4. Construction and Definitions. Section 1 % Terms and words used herein shall be construed in the singular or plural as the context admits or requires. Section 2: "Community Recreational Facility" means a place, area, structure, or other property or facility owned or operated by a governmental entity or non - profit organization used by persons in the community to carry out recreational activities, including, but not limited to, outdoor and indoor facilities such as tennis courts, swimming pools, soccer fields, hockey rinks, baseball fields, playgrounds, and /or similar facilities. "Community Recreational Facility" specifically includes Myers Park, the Myers Park Marina, Ludlowville Park, the Town baseball and recreational fields along Route 34, and the Town highway baseball and recreational fields near the Town Highway Garage. 0A 1 1 Section 3: "Daycare Facility" means any property licensed by New York State (or any County, governmental, or municipal subdivision thereof) for the provision of child or adult daycare, including, without limitation, Head Start, pre - school and after school services or facilities, and all playgrounds adjacent thereto. Section 4: A "Facility for Minors" means any facility or institution regularly used for the training, entertainment, recreation, care or treatment of Minors while one or more Minors are present, including, but not limited to, Daycare Facilities and Summer or other day or overnight camps and campgrounds, including but not limited to YMCA Campgrounds, YWCA Campgrounds, Girl Scout Campgrounds, Boy Scout Campgrounds, and the like. Section 5: "House of Worship" means any properties owned by any New York State registered charitable organization or religious corporation used or utilized for prayer, meditation, celebratory or mass services, and /or communion with nature or any one or more deities, including but not limited to churches, synagogues, temples, shrines, and the like. Section 6: "Level Two Sex Offender" means (1) a person who is designated as a level two sex offender pursuant to Article 6 -C of the Correction Law of the State of New York; or (2) a person classified as a level two sex offender by the Board of Examiners of Sex Offenders, or (3) any person adjudicated as a level two sex offender by any court of the State of New York, or (4) any person listed as a level two sex offender on the New York State Registry of sex offenders, or its equivalent. All non - residents of the State of New York that are required to register as a sex offender in their jurisdiction of residence or domicile shall also be deemed "Level Two Sex Offenders" under this Local Law, unless re- classified in another class by the State of New York, Section 70 : "Level Three Sex Offender" means (1) a person who is designated as a level three sex offender pursuant to Article 6 -C of the Correction Law of the State of New York; or (2) a person classified as a level three sex offender by the Board of Examiners of Sex Offenders, or (3) any person adjudicated as a level three sex offender by any court of the State of New York, or (4) any person listed as a level three sex offender on the New York State Registry of sex offenders, or its equivalent. Section 80 : "Minor" shall mean any person under 18 years old. Section 92 "Permit" shall mean a date and time specific written authorization or Court Order, stating that a sex offender may in, enter upon, pass through, or approach any specifically identified Prohibited Area, which authorization shall be issued and signed by any sex offender's Probation Officer or by a County or Supreme Court Judge in Tompkins County, Section 10: "Prohibited Area" means, as to Level Two Sex Offender or Level Three Sex Offender, any School Grounds, Special Educational Facility, House of Worship, Daycare Facility, Community Recreational Facility, or any other Facility for Minors. Section 11: "School Grounds" shall mean any area in, under, over, on, or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private nursery school, kindergarten, pre - school facility, Head Start teaching or daycare facility, elementary 22 101 102 school, parochial school, intermediate school, junior high school, vocational school, special education center or facility, Board of Cooperative Education Services facility, or high school. "School Grounds" shall also include all lands and areas within 1,000 feet of any area, structure or property described in the immediately preceding sentence. "School Grounds" shall also include any school busses or other vehicles, school bus stops and their immediate vicinity, any area where any school bus (or other school vehicle) loads or unloads any Minors, and all school crosswalks and their immediate vicinities. Section 12: "Special Educational Facility" means (1) any location and /or facility where any physically or mentally handicapped or impaired persons work, are trained, cared for and /or educated, or (2) any home, residential center, or non - residential center used for the detention, supervision, education, and /or training of any persons under the age of 21 who have been voluntarily or involuntarily adjudicated or otherwise declared or determined to be juvenile delinquents or persons in need of supervision. Section 13: "Town" shall mean the Town of Lansing, as located in Tompkins County, New York. Article 5. Restrictions Applicable To Certain Se:x Offenders Section 1: Level Two Sex Offenders and Level Three Sex Offenders are hereby prohibited from residing within 1,000 feet of the boundary lines of each and any of the following: School Grounds, a House of Worship, a Community Recreational Facility, a Daycare Facility, a Special Education Facility, and any other Facility for Minors, unless granted a Permit pursuant to the requirements of this Local Law. Section 2: Level Two Sex Offenders and Level Three Sex Offenders are hereby prohibited from being physically present within 1,000 feet of the boundary lines of each and any of the following: School Grounds, a House of Worship, a Community Recreational Facility, a Daycare Facility, a Special Education Facility, and any other Facility for Minors, unless granted a Permit pursuant to the requirements of this Local Law. Section 3: Level Offenders are here or recording in any or Minors at each House of Worship, Facility, a Special Minors. Two Sex Offenders and Level Three Sex Eby prohibited from observing, photographing, manner the movements of vehicles, persons, and any of the following: School Grounds, a a Community Recreational Facility, a Daycare Education Facility, and any other Facility for Section 4: Each Level Two Sex Offender and Level Three Sex Offender must provide each School Ground, House of Worship, Community Recreational Facility, Daycare Facility, Special Education Facility, and each other Facility for Minors with a copy of their Permit prior to being present in any Prohibited Area. Article 6. Permits Section 1: Permits may only be obtained from either the sex offender's Probation Officer or a Judge of the County or Supreme Court in Tompkins County. Section 2: Each Permit must be renewed annually. Where 23 practical to so state, each Permit shall only be granted for specified times, dates, events, and locations. For example, a Permit that recites that is it granted for the purpose of allowing the delivery of a dependent child to a school upon each school day morning shall be a sufficient specification of times, dates, events, and locations. Section 3: Permits may only be granted when reasonably necessary or when reasonably tailored to allow the exercise of lawful constitutionally protected activities. Section 4: Permits allow presence in Prohibited Areas only for so long as is reasonably necessary to accomplish the purposes for which the Permit is granted, and do not permit (A) presence at any other times, or (B) loitering. Section 5: Permits may be granted only for good cause shown. In deciding whether to issue or approve any Permit, the Probation Officer or Judge may inquire of such individuals, groups, agencies, or institutions as are deemed .desirable in order to determine whether the sex offender's proposed access to or near any Prohibited Area is reasonably necessary or for a constitutionally protected purpose. Section 6: It shall be presumptively reasonable for a sex offender to seek a Permit in the following circumstances: (A) to attend any educational course or facility; (B) to pick -up or drop off any dependent Minor family member or dependent at any educational facility where no other reasonable transportation options are available; (C) to allow a sex offender to vote, petition government for a redress of grievances, or engage in other lawful constitutional activities that are guaranteed by the Constitutions of the United States or the State of New York, or for which constitutional rights are codified or memorialized by the statutes or regulations of the State of New York and /or the United States. Article 7. Emergencies and Lawful Travel; Limited Permit Exemptions Level Two Sex Offenders and Level Three Sex Offenders may lawfully enter into or upon Prohibited Areas: (A) for bona fide medical emergencies that require immediate attention, so long as they remove themselves immediately when such emergency subsides or emergency medical care is provided; (B) to engage in lawful business at a federal, state, or local court or governmental agency, so long as they remove themselves promptly when such business is concluded; or (C) to travel upon a public highway for lawful reasons and without any pretextual or planned stops within any Prohibited Area. Article B. No Restrictions Nothing within this Local Law shall be construed as restricting any lawful condition of supervision or probation that may be imposed upon any sentenced or to -be- sentenced sex offender. Article 9. Enforcement Section 1: All provisions of New York law generally applicable to misdemeanors shall apply to any criminal misdemeanor proceeding brought under this Article, and /except that each and any misdemeanor identified herein shall be deemed an unclassified misdemeanor. 24 103 1m Section 2: Any person that violates any of the provisions of this Local Law shall be (A) guilty of an unclassified misdemeanor and subject to a criminal fine of not more than $1,000.00 and /or a period of incarceration not to exceed 60 days, or (B) subject to a civil penalty of not more than $2500.00 to be recovered by the Town in a civil action. Each day that a violation of this Local Law occurs or continues shall be deemed a separate criminal or civil violation of this Local Law. Section 3: Each and all remedies and rights provided under this Local Law shall be cumulative. The Town's pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or admiralty. The Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to (A) compel compliance with or restrain by injunction the violation of any provision or requirement of this Local Law, and /or (B) to evict or seek forcible removal of any person in violation of this Local Law. Section 4: A presumption of evidence and /or law shall apply to all proceedings brought under this Local Law such that any individual whose name is listed in the New York State Sex Offenders Registry, or its equivalent, as a Level Two Sex Offender or a Level Three Sex Offender, as applicable, is, for purposes of this Local Law, a Level Two Sex Offender or a Level Three Sex Offender, as applicable. Article 10. Savings Clause. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Article 11. Limitation of Liability. The Town shall not be liable or responsible for any injury to civil or other rights, injuries to persons, or injury or damage to property, 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, except that the Town maintains all immunities from liability as set forth or referenced in § 168 -r of the Correction Law of the State of New York, as now exists or as hereafter amended. Article 12, Effective Date, This Local Law shall take effect immediately upon filing with the Office of the New York State Secretary of State." and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, be and is hereby authorized and directed to cause a copy of this Resolution and a copy of such Local law #2 of 2006 to be promptly filed in the Office of the New York State Secretary of State, in accord with law. DAVE HERRICK — TOWN ENGINEER: 25 The Town Engineer gave the following report: ENGiNEERS AGENDA l.. water syste;rrr Planning and _- %!fia.iintemsiIice . ,.l.c?v -� -r� C;t�ra:sr�nlirl<ttc:tf ��-- 'at:er• l:)istrict [;,�: %e:irsic?ns �'rrfalic Izc<i.r•ira�;s �� €i �il�.(3t�.tletern�inaticr €�:;. . 1-own (.Iw i), 1; tcnsicsrn 1 The Town_ received official hartlslrifa asslsttance thro1q :1) firaanc ed thror.i�4la_ the Drink,' term of'20 v-eairs, 105 .notification that the pro ject has been deemed eligible for 13�€ 'tier" I:[ (;. The 17rfrleat: Cost, c?i ?7 ".?00 crew be lw7 we<lt.er State Revolving .Loan Fund at ( }% interest for a The funding will have the efleet or lovverim) the annual f: IX..I charge from 57/4 to $rl 16. The additional an)OLrnt for 0 &%11 f remains unchanged, The resultant lotcal savinos in Iimtneing costs between the original :30 -your tame and t;lre proposed 20- year terns is over $800) 000. "1 G; Miller is lar•cfaared t o provide an nirreennent for- engmecrino cenncl surveyinf services ices to proceed with tltc design pleases. C. Perriville Road Water District ,.nic. 30 -day referendum period has expired send work will lacy <o in on the fecwbility Stu& for review at the regular i'l-.fay meetim) tl d� INIvers I leights Rear Road 1141-. DO.vis has discussed € ptiorns fOr includirns existirng liarccls acljracetnt to leis k. subdivision in a c €.mbinccl C;G' D extension. His summary of the rashes is attached. At this time it is R_nlcelN1 that only the sUbclivisionn and adjacent parcel owned lay Coates will be innclude€f Mn Bull) has been asked to prepare the En„tineer's Report (N/hal�, Plan and Repoli) to the t'own's Standard for consideration by th- 1::3cararcJ, . l.:)rake lkoci €f nbclivi ;iaarn l::)eveloper ha s requested the -10vvn star €fv the 1'easibility of e.x.tendino public water �rom Ridue .Road to the proposed subdivision parcel and to include th e CXistiriti�; tar€ peAies storm .Drake lac >ad. Recommend that the developer provide the '1' €rvvn with an agreement to reimburse se t ;lle f'nll COO ofth€:a leasibilit), stUdy prior to initiating any engineering services, /L. Storm Sewer f?fannint and Maintenance Discuss authoririn(4 a.n T"11 ,inieer's Rep rt for Whispering fines i)rcl nGa�e l�istrici (0'ha.sel. 3. S�mlitart- Sewer System m Plannin x and Maintenance sewer ("onimittee Re v iexv a ncet. sta.ttrs € t' StUcif and R.cport Phase services. Next `1€:rvv rn C (Minlitt e meeting is , pril 26"'. 't. ° nmisportati €m P411rniin9 . l liorva,av 13(arn l" RA Injection 'A-'ell 0 DiScrras irnveStic;at:ion ti nd response:letter to [_own. I-lig hvvtry l::)ept, Map, Plan and Report for Proposed Drainage District No. 2. RESOLUTION 06 =111 RESOLUTION APPROPRIATING FUNDS FOR MAP, PLAN AND REPORT FOR PROPOSED DRAINAGE DISTRICT #2 la 106 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 '19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Whispering Pines Subdivision, Phase V; and WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and WHEREAS, the Right of Way and Easement proposed to be granted by the developer specifically provides for re- dedication to any future Drainage District formed by the Town; and WHEREAS, the creation of a Drainage District is deemed to be in the public interest, and in the interest of the affected property owners proposed to be included in such district; and WHEREAS, the Town now desires to examine the feasibility of such a district, and accordingly, based upon due deliberation thereupon, the Town Board has hereby RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a Map, Plan and Report for the creation and /or construction of a Drainage District for properties in the Whispering Pines Subdivision, Phase V, and any adjacent or nearby benefited properties, in accord with the requirements of Town Law § 209 -c; and it is further RESOLVED that the cost of such map, plan and report are authorized in an amount not to exceed $1,500.00; 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 Article 7, together with any other general or other New York State law, regulation, or requirement permitting or requiring a referendum upon this matter. Accepting Dedication of Stormwater Easements for Whispering Pines: RESOLUTION 06 412 RESOLUTION ACCEPTING DEDICATION OF STOR.MWATER EASEMENTS FOR WHISPERING PINES SUBDIVISION, PHASE V 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 '19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the 27 vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has received a request for the dedication of drainage and stormwater management rights of way and easements within the Whispering Pines Subdivision, Phase V, from developer /owner Richard B. Thaler, all consistent with the approved subdivision plat- and the Stormwater Local Law of the Town of Lansing, all as more particularly described in a proposed Right of Way and Easement from Richard B. Thaler to the Town of Lansing (and any future Drainage District created by the Town), as depicted upon the sealed and approved Final Subdivision Plat filed in the County Clerk's office, and a map prepared by L. Fabbroni, P.E., L.S., entitled "SURVEY MAP DRAINAGE MAINTENANCE EASEMENT" as dated December 11, 2005; and WHEREAS, the Town Engineer and the Town Highway Superintendent of the Town of Lansing have reviewed the drainage ways and stormwater appurtenances as constructed, are satisfied with the condition of the same, and recommend acceptance of the dedication of such Right of Way and Easement; and WHEREAS, the Town . Attorney of the Town of Lansing has reviewed the proposed Right of Way and Easement, the descriptions contained therein, and has reviewed all related materials, and is satisfied with the form and content of the documents; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to accept, on behalf of the Town of Lansing, the dedication of such Right of Way and Easement; and it is further RESOLVED, that the Town Supervisor be and hereby is authorized to execute such documents as are necessary to allow the developer to record the dedication in the Office of the Tompkins County Clerk, all subject to the final approval of the Town Attorney, Tompkins County Farm Community Preliminary Application• Debbie Teeter from Cornell Cooperative Extension and Crystal Buck from Tompkins County Planning Department went over the procedure for Charles and Andrea Benson to apply for NYS Department of Agriculture and Markets Argiculture & Farmland Protection Projects involving the Purchase of Development Rights. It was stated that Tompkins County is offering as much or as little help as the Town would like. The Board stated that they are all for saving any and all farm land that they can. The whole process could take 2 to 3 years. Steve Colt — Recreation Director: W 107 108 Our spring programs have completed registering partic:ipwits. Currently we have Over 400 players involved with our L13P & LSP baseball and softball. programs. Practices will start next week with Barnes starting N/lay G. 1 aril very pleased this season with the amount of`parents that have stepped up to volunteer with coaching. '.l'lre spring training player's clinics were run. The softball clinic rxras directed by Katie Mayo and :tier varsity team. 'l'lre baseball clinic was directed by I'd Redrrrond and his varsity tean-r. Over 60 players attended these clinics. Our listing oi`proposed summer progranis is now available. Our actually booklet that will allow participants to register will be availa4 >Ie by rnid M:ay. l:'he listin�� Sheet is attached with. these notes. . Pat: is currentIv putting together our summer program booklet as our instructors return their irrlcrr rrr�rtic>n. ��e are planning for arrc�t }z.�r bit; sr.t.mmer c.>f:feri:r�g ZI:Lt' this summer we are planning a youth Spanish class. We are hoping .for a summer rnNath and science program for the future. PARKS All of our- perks and ballfreld complex has emerged from winter in great shape. We could actually use some rain. right now! Irl l._,rrcllowville we have removed. the large stone surrounding the parking lot and. have used it to build up the lighthouse Point at :Myers. We are ph nnir� Y to add some ? rail fencing 111 l...udlowville that will aid in traffic. control. and greatly upgrade aesthetics. We are planning to replace tale leff.Brill memorial tree that was blown down late this winter. (.ur etnergency dredging project in the Myers Part. Wlarina has been. competed. New, dock. bumpers a,re currently being installed on. the new lalltich dock. 17he lighthouse point has been cleaned up and expanded. We are planning to use some fencing near t he point to create a ``pocket park" area near the lighthouse. The t'aycrg<r laird Club has donated a.li.igh. tech. `'Purple Martin" house to trs. We Irave selected a locution near Sah on (..reek and the house will be installed by the end of this week, It looks verN interesting and ifthe birds use it we will have some great rratrrra.l nroscluilo control. lea\ ilion rentals and camping reservations have been very actitipe so far this month.. Some of the prime holiday t:inre is already sold out. Our su,nrnt.er concert series has moved back to 'l hursday evenin()s and has been booked. attached is a copy of this summer's schedule of bands. Trrevor M:ilter's l=agle Scout project has been completed and our 2 new kayal c rncrc storage ray ks are ready to be moved to the par•k.. We Hope to move there fi-onr. Trevor's home to the park this week. Icrtin Dean is now workin.o ; with the (,ion's Club and has come up with new drawings for the Band Stand. John was very key in the Lighthouse project years ago. Jack French — Highway Superintendent: Mr. French reported the following: 1. Brush and Limb pick -up will begin next Monday and on May 1 st for the Village. 2. Culverts are being replaced before road work begins. 3. Mr. French has met with the County Highway Department regarding swapping County Roads for Town Roads. This will continue to be discussed for the next couple of months. 4. The salt storage building should be ready to go to bid soon. 5. Mr. French may start using hot mix black top in the newer developments as he feels it will hold up better and also be less expensive. 6. International has a new 2006 truck with 4,000 miles on it, hat they will sell to the Town for $ 145,000.00. It would cost $ 163,000.00 otherwise. This can also be paid for in 2007. 29 Accept Roadways in Whispering Pines — Phase V: RESOLUTION 06 413 RESOLUTION ACCEPTING DEDICATION OF ROADWAYS FOR WHISPERING PINES SUBDIVISION, PHASE V 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has received a request for the dedication of 2 roadways to the Town of Lansing, being denominated Whispering Pines Road (extension) and Tiger Lilly Lane, as located in the Whispering Pines Subdivision, Phase V, all pursuant to an approved and sealed Final Subdivision Plat, as more particularly described in a proposed Deed of Conveyance and as depicted upon the sealed and approved Final Subdivision Plat filed in the County Clerk's office; and WHEREAS, the Town Engineer and the Town Town of Lansing have reviewed the plans for made inspection of the construction in progress and are satisfied with the condition of the road, the dedication of such road; and WHEREAS, the Town Attorney of the Town proposed Deed of Dedication, the description; related materials, and is satisfied with the form and Highway Superintendent of the construction for the road, have and the completed construction, and recommend acceptance of of Lansing has reviewed the therein, and has reviewed all and content of the documents; WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that, contingent upon the repair and /or restoration of a section of the ditching that was washed out and /or eroded to the satisfaction of the Highway Superintendent and the Town Engineer, the Town Board of the Town of Lansing authorizes the Town Supervisor to accept, on behalf of the Town of Lansing, the dedication of the Whispering Pines extension and Tiger Lilly Lane in the Whispering Pines Subdivision, Phase V, as public roadways, together with such other or related parcels, gores and strips of land as referenced in such Deed of Dedication; and it is further RESOLVED, that the Town Supervisor be and hereby is authorized to execute such documents as are necessary to allow the developer to record the dedication in the Office of the Tompkins County Clerk, all subject to the final approval of the Town Attorney; and it is further RESOLVED, that the acceptance for dedication of all such roadways is and remains subject to the two year guarantee of the road by the developer of the Whispering Pines Subdivision, with the two year time period to run from the time of recording of the Deed of Dedication. Dick Platt — Code Enforcement Officer: 30 " 110 Dick gave his monthly report and stated that they are up in permits by 3 but down in project costs by $ 182,322.00. Mr. Platt also stated: 1. Mr. Munson is getting the barn cleaned up slowly. 2. Floyd Ferris is about $ 2,000.00 ahead in money. 3. Mr. Platt and Mr. McEver will be working on the historical building on Saturday and it should be clone in a few weeks. Audit Approval: RESOLUTION 06 -114 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: AUDITED VOUCHERS: 282-407 PREPAIDS 282-286 FUND TOTAL APPROPRIATIONS GENERAL FUND 941076.06 HIGHWAY FUND 69,149.80 LANSING LIGHTING 11124.34 LANSING WATER DISTRICTS 137014.80 CHERY ROAD SEWER 21650.19 TRUST AND AGENCY 351415.32 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 March 22, 2006, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 06 —115 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the minutes of March 22, 2006 are hereby approved as submitted. 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 Assessment Review Act: RESOLUTION 06 =116 RESOLUTION AMENDING RESOLUTION 06 =73 RE: APPOINTMENTS TO ASSESSMENT REVIEW BOARD 31 111 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -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 after calling upon the public for volunteers, and none having presented themselves, the Town Board of the Town of Lansing previously passed and adopted Resolution 06 -73 appointing Steve Farkas, Matt Besemer and Marty Christopher to such Board; and WHEREAS, despite such Resolution, the Town has continued to seek volunteers to serve upon such Board; and WHEREAS, upon finding such a volunteer, and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Resolution 06 -73 be and hereby is amended and superseded by this Resolution; and it is further RESOLVED, that the Town Board of the Town of Lansing hereby establishes a "Local Advisory Board of Assessment Review ", and appoints the following persons to serve thereupon: Councilman Martin Christopher, Councilman Matthew Besemer, and John Gillott (of 14 Brookway, Ithaca, NY 14850), BOARD MEMBER REPORTS: Marty Christopher: Technology Committee: The Technology Committee met on March 23rd. The committee feels Steve Loncto is about 90% caught up and should be caught up sometime in June. Each department is reviewing their own invoices. Employee Handbook: Updates were given to Amtek about a month ago. The Board should be able to approve the updates at.the June meeting. Mr. Christopher feels this is an extremely good document. Connie Wilcox: Technology Committee: The Recreation Department would like to use one of the extra computers to put in the Myers Park to keep track of the campground reservations by email. All were in favor of this. 32 112 Lansing Housing Authority: The annual meeting will be held on April 24th. The septic is fixed and replaced. There is full occupancy and there are 15 people on the waiting list. Better Housing Seminar: Connie felt this was a very good seminar and that there will be a follow -up meeting on May 1St at 6:00 p.m. at the Methodist Church Bud Shattuck: Salt Point: A draft Salt Point Management Plan is out. There will be a 28 day review starting today. Darby can email them if someone would like her to. He asked for a Public Hearing to be set for the next meeting. The following resolutions were then adopted: Salt Point SEQRA: RESOLUTION 06 -117 NOTICE OF PUBLIC HEARING RE SEQRA REVIEW OF PROPOSED SALT POINT MANAGEMENT PLAN 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; ' Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, by written agreement, the New York State Department of Environmental Conservation ( "NYSDEC "), being the fee owner of a parcel of land commonly known as "Salt Point ", has licensed the use of Salt Point to the Town of Lansing for a term of 15 years, which agreement and license are renewable for an unlimited number of successive terms; and WHEREAS, pursuant to such agreement, the Town has undertaken responsibility for improving Salt Point by, among other things, removing invasive species, restoring native species, limiting and prohibiting certain types of vehicles and uses, and adopting and implementing a management plan to further the interests of the Town in Salt Point as a public park (as a natural extension of Myers Park), and the NYSDEC in maintaining recreational uses compatible with ecological restoration; and WHEREAS, the Town has had a Salt Point Committee composed of various Town Board Members and citizens, and such Committee has developed a Management Plan that is being recommended for adoption, which Management Plan is available at the Town Clerk's Office for review; and WHEREAS, the implementation of the Management Plan will impact the land, and the use thereof, such that a SEQRA is desired and required; and WHEREAS, the implementing Regulations of SEQRA, particularly 6 NYCRR 617, at § 617.4(b)(1), categorize the proposed Management Plan as a Type I action, thus in turn requiring the preparation and submission of a Full EAF; and 9A 113 WHEREAS, the Town of Lansing proposes to be the Lead Agency, but will defer such determination until due notification and a response, if any, is received from the involved and interested agencies; and WHEREAS, and upon a review of such proposed Management Plan, in consideration of the foregoing, and upon due deliberation upon this matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of May, 2006, at 6:10 o'clock P.M., to consider a SEQRA Review and the environmental impacts of the aforesaid Salt Point Management Plan, 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, to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law, and to serve a copy of the Full EAF upon all involved and interested agencies. Salt Point Management Plan: RESOLUTION 06 -118 NOTICE OF PUBLIC HEARING RE PROPOSED SALT POINT MANAGEMENT PLAN 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 19th day of April, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Matthew Besemer, Councilperson; 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 the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, by written agreement, the New York State Department of Environmental Conservation ( "NYSDEC "), being the fee owner of a parcel of land commonly known as "Salt Point ", has licensed the use of Salt Point to the Town of Lansing for a term of 15 years, which agreement and license are renewable for an unlimited number of successive terms; and WHEREAS, pursuant to such agreement, the Town has undertaken responsibility for improving Salt Point by, among other things, removing invasive species, restoring native species, limiting and prohibiting certain types of vehicles and uses, and adopting and implementing a management plan to further the interests of the Town in Salt Point as a public park (as a natural extension of Myers Park), and the NYSDEC in maintaining recreational uses compatible with ecological restoration; and WHEREAS, the Town has had a Salt Point Committee composed of various Town Board Members and citizens, and such Committee has developed a Management Plan that is being recommended for adoption, which Management Plan is available at the Town Clerk's Office for review; and ItZl Um WHEREAS, and upon a review of such proposed Management Plan, in consideration of the foregoing, and upon due deliberation upon this matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will Auburn Road, Lansing, New York, being of May, 2006, at 6:15 o'clock P.M., Management Plan, to hear all persons take such action thereon as is required c be held at the Lansing in the Town of Lansing, to consider the afore; interested in the subject r permitted by law; and it Town Hall, 29 on the 17th day Said Salt Point thereof, and tc 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 to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. S.P.C.A. The Town Clerk attended a meeting with the other Clerk's and the S.P.C.A. and stated that the S.P.C.A. will reinstate their policy of hand delivering the unlicensed dog tickets. This will continue until the end of the year, at which point, it will be re- discussed. Tele -a- conference: Steve and Bud attended a teleconference and found out that the Court needs to be audited once a year. This has been done tri- yearly. Mail Box. Mr. Shattuck is looking into fixing the mail box problem. He stated that Penny Slaughter felt there were times when it was dangerous to cross the road to get the mail. Bud is looking into having the delivery driver deliver the mail into the Town Hall. At this point, at least 3 departments have to go to the Post Office to retrieve the mail. He will go to the main Post Office and discuss the situation and speak with Mr. Gee. He will keep the Board updated. Annex Keys: The clerk informed the Board that the door wa:) being blocked open and the heat has been running. She stated that some of them feel it is the lock and not the keys. They feel the lock should be looked at. A locksmith will come in and see what he can do. Thank you: Bud thanked everyone for supporting the Sex offender Law. He felt this was an important law to have in place. Steve Farkas. Sewer Agreement: A meeting of all six parties involved with the sewer agreement finally took place. A series of meetings will be scheduled as a number of agreements will need to be signed. All is moving forward. Library: The Library has raised $ 350,000.00 of the $ 380,000.00 needed. The bid has been awarded to McPherson Builders from Ithaca, New York. The entry will 35 be in the backside of the parking lot. They may have a block party to help raise the extra $ 30,000.00 needed to finish the project. Connie stated that she was concerned about the parking during the renovation period. Some planning will have to be done especially Tuesday mornings during court hours. Guy Krogh: Open Meetings Law: Mr. Krogh stated the Committee on Open Government has rendered a decision (opinion # 4016) that states that any committee or sub committee of a Town Board comprised of two or more Town Board Members is subject to the Open Meetings Law. RESOLUTION 06 =119 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a pending litigation matter at 8:45 p.m. 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 06 =120 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:05 p.m. 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 REOLUTION 06 =121 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 9:08 p.m. 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. 36