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HomeMy WebLinkAbout2006-05-17REGULAR TOWN BOARD MEETING DATE. MAY 17, 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) MASS GATHERING 5. PUBLIC HEARING (6:10) SALT POINT SEAR 6. PUBLIC HEARING (6:15) SALT POINT PLAN 7. PRIVILEGE OF THE FLOOR: A. JOHN BAILEY - INSURANCE 8. ENGINEER'S REPORT 9. HIGHWAY SUPERINTENDENT'S REPORT 10. CODE ENFORCEMENT OFFECER'S REPORT 11. PARKS AND RECREATION REPORT 12. APPROVE MINUTES OF APRIL 19TH AND MAY 8TH' 2006. 13. APPROVE AUDIT 14. ANY OTHER BUSINESS THAT MAY COME BEFORE THE BOARD, 15. BOARD MEMBER REPORTS 16. EXECUTIVE SESSION IF NEEDED 17. ADJOURN MEETING 120 1 121 May 17, 2006 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the Bookkeeper take the Roll Call. Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Deb Crandall Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Absent Town Attorney Present VISITORS: Sharon Bowman (took minutes) Dave Herrick, Sharon Anderson, Jack French, Dick Platt, Steve Colt, Darby Kiley, Dave Heck, Claes Nyberg, Ryan Shreive, John Bailey, Jennifer Aneshansley, Ed Wagner, Bob McGuire, Karen Edelstein and one other resident. The Supervisor led all present in the Pledge of Allegiance. Open Public Hearing on Mass Gathering: RESOLUTION 06 -124 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Local Law No. 3 of the year 2006 is hereby opened at 6:05 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Mr. Krogh provided an overview of the Proposed Local Law, RESOLUTION 06 =125 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the Proposed Local Law No. 3 of the year 2006 is hereby closed at 6:09 p.m. Vote of Town Board . Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Resolution to Approve Local Law No. 3 of the Year 2006• RESOLUTION 06 =126 Resolution Adopting Local Law Number 3 of 2006. 122 Mass Gatherings At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has for years examined the need for legislation governing various types of mass gatherings, particularly in light of the needs surrounding the same for traffic control, medical emergency access, water and sanitation, security, noise, and other issues of similar public import; and WHEREAS, the Local Law under consideration shall be known as the Town of Lansing Motorcades, Parades and Public Assemblies Local Law, Local Law Number 3 of 2006; and WHEREAS, the purpose of such Local Law is to regulate and control the motorcades, parades and public assemblies of persons that occur within the Town's boundaries, as a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and motorcades, parades and public assemblies within the Town's boundaries can constitute or pose health, safety, and environmental hazards and risks to persons and properties, and can constitute attractive nuisances to children and certain adults; and WHEREAS, the said Local Law proposes legislation to (1) define the terms "enforcement officer "parade", "public assembly ", certain notices and permits, sponsors, vehicles and forms of noncompliance, (2) require the obtaining of a Sheriff's permit for certain gatherings, (3) prescribe the information that must be provided to obtain a permit, (4) prohibit burning or burying of substances and debris at such events, (5) specify permit and indemnity requirements, including the renewal of permits and the cancellation of permits, (6) define application procedures and fees, (7) to provide for environmental review of certain events, (8) to allow the town to consult with advisors in relation to certain mass gatherings, (9) to define the issuance and significance of a permit, (10) to provide for the enforcement of permit terms and restrictions, (11) to consider relevant factors in the permitting process, including, but not limited to, (a) whether a Sheriff's permit has been obtained and submitted, (b) the proximity of the assembly site to established residential areas, recreational areas, nursing homes or other medical facilities, firehouses, schools, or unique natural areas (including the lakefront and tributaries thereto), or main access routes thereto, (c) the nature and type of assembly, but with a content nokutral viewpoint for First Amendment issues, (d) the availability of other suitable routes or locations, (e) whether or not the proposed route or location can be reasonably protected from unreasonably affecting the public health and safety by reason of offensive or unhealthy conditions, processes, noises, odors, smoke, or materials, (f) whether the proposed assembly will conflict in terms of route, location, or time with any other event or the normal flow of persons or traffic, (g) the size, number and type of vehicles potentially involved, and the number of persons present or expected, (h) the suitability and size of the location proposed or chosen, (i) the proposed duration of the assembly, (j) the suitability and sufficiency of all services proposed to be provided, included but not limited to ambulance and medical care, police and security, food and beverage services, sanitary and refuse handling and removal, parking areas, water distribution systems, electrical supply systems, ingress and egress, traffic handling and routing,.(k) the sufficiency of all 2 routes, roadways, pedestrian walkways and gathering areas, fire control plans, systems and devices, the accuracy and sufficiency of any application materials, including but not limited to any site plan, drawing, survey, or map, (1) the potential for unreasonable amounts or levels of disruption, nuisance, or other adverse effect upon any nearby residents or businesses, or any adverse impacts upon flora, fauna and the environment, (11) rights to appeal any denial of a permit, (12) the clean -up and restoration of sites after events, (13) civil remedies of the Town; and fines and penalties for violations of permits or the Local Law, including a fine of not more than $1,500.00 and a period of incarceration not to exceed 30 days, or for a civil penalty of not more than $3,000.00, (14) indemnity rights of the Town, (15) limitations upon Town liability, (16) a procedure for variances and waivers, including a description of events that do not require permitting; and WHEREAS, 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 17th day of May, 2006, at 6:05 o'clock P.M., to consider the aforesaid Local Law, and all persons interested in the subject hereof were permitted to speak and introduce evidence on this matter; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 3 of 2006, as set forth in its entirety below: "MOTORCADES, PARADES AND PUBLIC ASSEMBLIES LOCAL LAW NUMBER 3 OF 2006 Town of Lansing, County of Tompkins, State of New York The Town Board of the Town of Lansing, pursuant to a Resolution dated May, 16, 2006, does establish a Local Law, as follows: ARTICLE A: INTRODUCTION Section 1. Authority This Local Law is adopted pursuant to the authority granted the Town in Section 1.0 of the Municipal Home Rule Law and in Section 130 of Town Law, and related provisions of law and the regulations arising there under. Section 2. Title This Local Law shall be known as the Town of Lansing Motorcades, Parades and Public Assemblies Local Law, Local Law Number 3 of 2006. Section 3. Purpose of the Motorcades, Parades and Public Assemblies Local Law By adoption of this Local Law, the Town declares its intent to regulate and control the Motorcades, Parades and Public Assemblies of Persons that occur within the Town's boundaries. The Town Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that Motorcades, Parades and Public Assemblies of Persons within the Town's boundaries can constitute or pose health, safety, and environmental hazards and risks to persons and properties, and can constitute attractive nuisances to children and certain adults. Section 4. Prior Existing Local Laws K 123 124 This Local Law shall replace and supersede all prior existing Town Laws and ordinances relating to Motorcades, Parades and Public Assemblies of Persons with the Town's boundaries. ARTICLE B: DEFINITIONS For the purpose of this Local Law, the following words and phrases shall have the meaning ascribed to them in this Article. Enforcement Officer :Any Person appointed by the Town Board to represent the Town in particular matters pertaining to this Local Law. Motorcade: An organized procession containing 10 or more Vehicles, except funeral processions, upon any public highway, road, street, sidewalk, parking lot, alley, or public location within the Town. Motorcade, Parade Or Public Assembly Permit: A permit issued by the Enforcement Officer granting the right to hold or conduct a Motorcade, Pcoirade or Public Assembly. Noncompliance Notice: A notice issued by the Enforcement Officer stating facts and circumstances concerning any portion of a Motorcade, Parade or Public Assembly that the Enforcement Officer determines to be out of compliance with the terms and /or requirements set forth in this Local Law or in any Motorcade, Parade or Public Assembly permit. Parade: Any march, walk -a -thon, procession, or similar . event consisting of Persons, animals or Vehicles, or any combination thereof, except funeral processions, upon any public property that either (1) does not comply with normal and usual traffic regulations or controls, and /or (2) that will or potentially will disrupt or interfere with normal and customary traffic uses and traffic flow. Permittee: The holder of a Motorcade, Parade or Public Assembly permit. Person(s): Any individual(s), entity(ies), firm(s), partnership(s), association(s), corporation(s), company(ies), or organization(s) of any kind. Public Assembly: The holding of any meeting of persons at any location within the Town, in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering of 25 or more persons over a period of -15 or more minutes for reasons other than sporting events, funerals, church related activities, private parties, picnics, weddings, wholly indoor events, and government sponsored functions shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others. Public Assembly shall include any mass gathering of Persons at any location in the Town where more than 200 Persons gather indoors or outdoors for any purpose other than sporting events, funerals, church related activities, private parties, picnics, weddings, and government sponsored functions. Any gathering in tents or other non - permanent or semi - permanent structures or shelters shall be deemed an outdoor event. Sheriff's Permit: A permit issued by the Tompkins County Sheriff's Department granting the right to hold or conduct a Motorcade, Parade or Public Assembly. Town: The Town of Lansing, New York. When used in relation to any Motorcade, Parade or Public Assembly law, regulation, requirement, policy, procedure, or benefit or protection incurred for the benefit of the Town of Lansing, and whenever the context otherwise requires, "Town" shall include all elected officials, appointed officials, employees, the Enforcement Officer, and agents of the Town. Town Board: The Town Board of the Town of Lansing, New York. Unpermitted Sponsor: Any Person who sponsors, promotes, initiates, creates, undertakes or participates in any Motorcade, Parade or Public Assembly which has not been permitted by the Town. Vehicles: Any contrivance or device that is or can be used to transport any cargo or Person, whether movable or powered by an engine, gears, solar energy, wind, manpower, or otherwise. Verified Statement: A statement of the remedial costs and expenses incurred by the Town, or its agents or contractors, including the 50% administrative and overhead surcharge, as referenced in Article G (and elsewhere) in this Local Law. ARTICLE C: REGULATIONS CONCERNING MOTORCADE, PARADE OR PUBLIC ASSEMBLIES Section 1. Public Safety/ Sheriff's Permit No Motorcade, Parade or Public Assembly of any kind may be held unless a Sheriffs Permit has first been issued by the Tompkins County Sheriff's Department. At a minimum, an application to the Tompkins County Sheriff's Department concerning a Sheriff's Permit for a Motorcade, Parade or Public Assembly shall contain the following information: A. The name, address and telephone number of the applicant or applicants and the name of the organizers or sponsoring organizations, if any. B. The date, hours, duration and beginning and ending locations at which the Motorcade, Parade or Public Assembly is scheduled to be held. A plan with drawings and written explanations showing and specifying the route of the Motorcade or Parade or the layout(s) of the Public Assembly site, including parking areas for Vehicles and methods of traffic control to be used thereon. C. An estimate of the size of the Motorcade, Parade or Public Assembly, D. The nature and purpose of the Motorcade, Parade or Public Assembly. E. The type, size, and nature of any signage, banners, floats, and presentations and performances of any kind. F. Whether or in what form police protection is required. 5 125 126 G. Whether amplification of sound or voice is to be made, the method(s) by which such amplification(s) will be made (bullhorns, voice projection cones, amplifiers, etc.) and the anticipated decibel level to be created by such amplification method(s). H. Plans to assure the public safety and order. Section 2. Burning No materials of any kind shall be burned before, at, or after any Motorcade, Parade or Public Assembly without a permit from the Chief of the Town Fire Department, except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 215, and related provisions of law and regulations, as now exist or as hereafter amended). No open fires of any sort shall be permitted without the written approval of the Chief of the Town Fire Department, which approval (a) may be withheld upon any reasonable basis, and /or (b) shall not be given whenever the New York State Department of Environmental Conservation has issued advisories or warnings against open fires due to any environmental or other conditions, such as but not limited to air quality issues, drought, or high wind. "Burning" shall include any and all fireworks or other displays of sight or sound using any combustible materials. Section 3. Burying No materials of any kind shall be buried or partially buried before, at, or after any Motorcade, Parade or Public Assembly except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 360 and related provisions of law and regulations, as now exist or as hereafter amended). ARTICLE D: MOTORCADE, PARADE OR PUBLIC ASSEMBLY PERMIT AND INDEMNIFICATION REQUIRMENTS Section 1. Motorcade, Parade or Public Assembly Permit Required No Person shall establish, maintain, suffer, license, or allow a Motorcade, Parade or Public Assembly wholly or partially within the Town unless a Motorcade, Parade or Public Assembly permit has first been issued for such Motorcade, Parade or Public Assembly pursuant to this Local Law. Section 2. Motorcade, Parade or Public Assembly Permit Renewal All Motorcade, Parade or Public Assembly permits shall be issued for period(s) of 6 hours or less, after which time a Motorcade, Parade or Public Assembly permit renewal application and approval shall be required. A Motorcade, Parade or Public Assembly permit renewal application shall consist of the approved initial Motorcade, Parade or Public Assembly permit application, updates concerning any new or different information, together with a re- certification by the Permittee or applicant concerning the accuracy of all information provided in the renewal application. If the Enforcement Officer determines that the Motorcade, Parade or Public Assembly permit renewal application is complete and accurate, thE:n the Enforcement Officer may issue the Motorcade, Parade or Public Assembly pE!rmit renewal. Section 3. Motorcade, Parade or Public Assembly Indemnification Required No Person shall establish, maintain, suffer, license, or allow a Motorcade, Parade or Public Assembly wholly or partially within the Town unless a properly executed Motorcade, Parade or Public Assembly Indemnification Agreement, as approved by the Town, has first been delivered to and received by thE: Enforcement Officer. ARTICLE E: APPLICATION PROCEDURE Section 1. Application for a Motorcade, Parade or Public Assembly Permit The applicant for a Motorcade, Parade or Public Assembly permit shall obtain application forms from the Enforcement Officer. The completed forms, along with two copies of the forms, together with the appropriate fees, if any, shall be delivered to the Enforcement Officer at least 10 days prior to the day the Motorcade, G Parade or Public Assembly is to be held. The Enforcement Officer shall approve or deny each Motorcade, Parade or Public Assembly permit application within 5 days following the date the application is delivered. If the application is denied, the reasons for the denial shall be set forth in reasonable particularity. No application shall be deemed to be complete without the submission of any required Motorcade, Parade or Public Assembly indemnification agreement. Section 2. Motorcade, Parade and Requirements Public Assembly Permit Application At a minimum, each application for a Motorcade, Parade or Public Assembly permit shall be by verified petition, addressed to the Town Board, and shall contain the following: A. A Sheriff's Permit showing approval of the Motorcade, Parade or Public Assembly by the Tompkins County Sheriffs Department, B. A statement specifying whether food or beverages are intended to be prepared, sold, or distributed. If food or beverages are intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of the food or beverage. All such food and beverage providers must, whenever required by any law, regulation, or rule, possess all required permits from the Town, the County of Tompkins, and /or the State of New York, including all subdivisions, departments, and /or boards of health thereof. C. A detailed plan with drawings and written explanations showing and specifying: the method and means of disposing of garbage, trash, rubbish and other refuse; the property lines and all highway and roadway lines; all wells and sanitary sewers within 500 feet of the property; the source and method of water and electrical supplies; the locations of any streams, lakes, wetlands, floodplains and other bodies of water on or within 500 feet of the property; all parking and loading areas; all Vehicle and pedestrian ways; all existing and /or proposed natural or artificial fencing and screening; and any other pertinent matter required in the application or other unique feature of the property. D. A written statement specifying whether private security personnel or local law enforcement officers will serve during the Motorcade, Parade or Public Assembly and, if so, the names and addresses of such Persons, the services and /or duties to be performed by such Persons, and the qualifications of each such Person. E. A detailed, written plan specifying the facilities, if any, to be available for medical and ambulance service(s); including the names and addresses of all medical providers and ambulance service providers, if any, that the applicant will provide during the Motorcade, Parade or Public Assembly. F. A written statement subscribed by the applicant stating that the applicant shall not allow more Persons to participate in the Motorcade, Parade or Public Assembly than is specified in the Motorcade, Parade or Public Assembly permit. G. A properly executed Motorcade, Parade or Public Assembly indemnification agreement. H. A written statement from & Motorcade, Parade or Public purpose, which statement permission or a license to so of the Motorcade, Parade or Town and the Enforcement e owner of any property which the Assembly will use at any time for any must unequivocally (1) provide use such property during the duration Public .Assembly, and (2) grant to the Officer (and their agents and other N 127 Weel governmental inspectors and police agencies) the right to enter upon the premises at any time to inspect for compliance with this Local Law, including all pertinent times both before and after the Motorcade, Parade or Public Assembly. I. The application fee. J. The Enforcement Officer may require that the applicant submit an Environmental Assessment Form ( "EAF ") that is in compliance with the New York State Environmental Quality Review Act and 6 NYCRR Part 617 ( "SEQRA "). If the EAF indicates that the proposed Motorcade, Parade or Public Assembly may have significant environmental impacts or consequences, the applicant shall be required to prepare and submit a Draft Environmental Impact Statement ( "DEIS ") with the application. The application shall not be considered complete until the EAF is reviewed by the lead agency and /or until the DEIS, if one is required, has been accepted by the Town Board. The Town Board may hold public hearings upon the EAF or DEIS, and when required by law, the Town Board shall hold such public hearings. K. Any other information required by the permit form, including but not limited to names, addresses, contact numbers, etc. Section 3. Application Fee A non - refundable fee for a Motorcade, Parade or Public Assembly permit shall accompany all applications in an amount as the Town Board may, from time to time, establish by Resolution. Section 4. Advisory Authorities The Enforcement Officer, before issuing any Motorcade, Parade or Public Assembly permit, may seek advice from any or all of the following agencies: A. The New York State Department of Health and /or the Tompkins County Health Department, or any officer, agent or subdivision thereof. B. The Lansing Fire Department, the Tompkins County Sheriffs Department and /or the New York StatE! Police, or any officer or agent thereof. C. The Town of Lansing Highway Superintendent, the Tompkins County Highway Department, and /or the New York State Department of Transportation, or any officer, agent or subdivision thereof. D. The Town Board, the Town's Planning Board, the Town's Zoning Board of Appeals, or any of the Town's Officers, Clerk's, Elected Officials, Appointed Officials, employees, and /or agents. E. Any members of the public potentially affected by the proposed Motorcade, Parade or Public Assembly. F. Any neighboring municipality or county if any portion of the proposed Motorcade, Parade or Public Assembly is to occur or be located within 1,000 feet of any such neighboring municipality or county. G. Any consultant or expert. Section 5. Issuance of a Motorcade, Parade or Public Assembly Permit nb r• . A. In the event the Enforcement Officer approves an application for a Motorcade, Parade or Public Assembly permit, the Motorcade, Parade or Public Assembly permit shall be issued by the Enforcement Officer, unless the approval was made subject to the satisfaction of certain prior conditions. Then and in such event, the Enforcement Officer shall issue a Motorcade, Parade or Public Assembly permit only after said prior conditions have been met and /or complied with. B. All Motorcade, Parade or Public Assembly permits shall state that the Enforcement Officer and all other relevant public officials shall have the right to inspect a Motorcade, Parade or Public Assembly at any time. C. The Enforcement Officer may (and is hereby allowed to) determine that any proposed Motorcade, Parade or Public Assembly may or could cause liability, loss, or expense to the Town or any other Person. Such determination of the Enforcement Officer shall be reasonably made. In the event the Enforcement Officer makes a determination of the existence of any potential liability, loss, or expense, the Enforcement Officer, as a prior condition to the issuance of any permit, may require that the applicant (or Permittee upon any renewal application) provide a bond and /or other undertaking, and /or insurance (or any combination of these), to protect the Town from and against any such potential liability, loss, or expense. Such bond, undertaking, or insurance shall be in amounts reasonably determined by the Enforcement Officer, and any required insurance shall name the Town as an additional insured. The existence of any bond, undertaking or insurance does not affect the indemnity obligations otherwise owed to the Town, nor may any Person be or be deemed an intended beneficiary of such bond, undertaking, or insurance (as the Town shall be the sole beneficiary thereof and may collect and /or disburse any proceeds thereof in its discretion). D. If any electrical services are proposed or to be utilized at or in connection with any Motorcade, Parade or Public Assembly, all electrical installations are required to be inspected by the Town Electrical Inspector, and all permits issued shall be subject to fulfillment of such requirement at least 48 hours prior to the commencement of the proposed Motorcade, Parade or Public Assembly, ARTICLE F: GENERAL PERMIT CONSIDERATIONS Section 1: General Permit Considerations In granting or denying a Motorcade, Parade or Public Assembly permit, the Enforcement Officer shall take the following factors into consideration: A. Whether a Sheriffs Permit for the Motorcade, Parade or Public Assembly has been obtained and submitted to the Enforcement Officer. B. The proximity of the Motorcade, Parade or Public Assembly site to established residential areas, recreational areas, nursing homes or other medical facilities, firehouses, schools, or unique natural areas (including the lakefront and tributaries thereto), or main access routes thereto. C. The nature and type of proposed Motorcade, Parade or Public Assembly. Consideration under this factor should be W 130 viewpoint/content neutral, but such neutrality does not require the Town to ignore relevant factors related to the type of Motorcade, Parade or Public Assembly, D. The availability of other suitable routes or locations for the Motorcade, Parade or Public Assembly, E. Whether or not the proposed route or location can be reasonably protected from unreasonably affecting the public health and safety by reason of offensive or unhealthy conditions, processes, noises, odors, smoke, or materials. F. Whether the proposed Motorcade, Parad(: or Public Assembly will conflict in terms of route, location, or time with any other event or the normal flow of Persons or traffic. G. The size, number and type of Vehicles potentially involved, directly or indirectly, with such proposed Motorcade, Parade or Public Assembly; the number of Persons present or expected; the suitability and size of the location proposed or chosen; the proposed duration of the Motorcade, Parade or Public Assembly, and other related factors. H. The suitability and sufficiency of all service,> proposed to be provided, included but not limited to ambulance and medical care, police and security, food and beverage services, sanitary and refuse handling and removal, parking areas, water distribution systems, electrical supply systems, ingress and egress, traffic: handling and routing, the sufficiency of all routes, roadways, pedestrian walkways and gathering areas, fire control plans, systems and devices, and the proper installation and inspection of any of the foregoing. I. The accuracy but not limited J. The potential nuisance, or businesses, c environment. and sufficiency of any application materials, including to any site plan, drawing, survey, or map, for unreasonable amounts or levels of disruption, other adverse effect upon any nearby residents or )r any adverse impacts upon flora, fauna and the ARTICLE G: ADMINISTRATION AND ENFORCEMENT Section 1. Enforcement Officer A. The Enforcement Officer shall review the application for a Motorcade, Parade or Public Assembly permit. In the event the Enforcement Officer determines that the application for a Motorcade, Parade or Public Assembly permit satisfies the conditions set forth in this Local Law and any special conditions imposed or applicable, the Enforcement Officer shall issue a Motorcade, Parade or Public Assembly permit. In the event the Enforcement Officer determines that the application for a Motorcade, Parade or Public Assembly permit satisfies most of the conditions set forth in this Local Law, the Enforcement Officer may, but is not required to, issue a Motorcade, Parade or Public Assembly permit based upon the remaining conditions being met prior to the occurrence of the. Motorcade, Parade or Public Assembly. B. The Enforcement Officer may make inspoictions of each Motorcade, Parade or Public Assembly to ensure that the requirements of this Local Law and /or any permit are met. The Enforcement Officer shall report any observed violations to the Town Board. 10 131 C. The Enforcement Officer shall issue a Noncompliance Notice for any conditions that are observed to be in violation of this Local Law, or in violation of any conditions stated upon any Motorcade, Parade or Public Assembly permit. Any Person who receives a Noncompliance Notice shall be in violation of this Local Law and shall endeavor to bring the Motorcade, Parade or Public Assembly into compliance as soon as possible. D. In the event of a disaster, calamity, riot or other public emergency, any of (i) the Enforcement Officer, (ii) the Town Constable, (iii) the Tompkins County Sheriffs Department, (iv) the New York State Police, or (v) any Person designated by the Town in the event the Town declares any state of emergency, may immediately revoke a Motorcade, Parade or Public Assembly permit by delivering a written revocation to the Permittee. Such Revocation may take effect immediately upon delivery. Section 2. Revocation of a Motorcade, Parade or Public Assembly Permit After issuance of any Noncompliance Notice, the Enforcement Officer may revoke or restrict any Motorcade, Parade or Public Assembly permit. If any court proceedings are brought concerning such alleged violations, and the Permittee is found not guilty, or there is another adjudication in favor of the Permittee pertaining to the alleged violation of this Local Law or any Motorcade, Parade or Public Assembly permit issued hereunder, then the Motorcade, Parade or Public Assembly permit shall be reinstated by the Enforcement Officer with the same effect as if (1) no Noncompliance Notice had ever been issued, and (2) no revocation had occurred. If no such court proceeding is brought, then within 10 days of such revocation, any aggrieved Permittee may request a hearing before the Town Board. If a hearing is so requested, the Town Board shall hold such hearing within 20 days. Such hearing may be a public hearing at the sole discretion of the Town Board. Notice of any public hearing shall be made in the official newspaper at least 5 days prior to the date thereof. Each Permittee shall be notified of the hearing by certified mail at least 5 days prior to the hearing. At the hearing the Town Board shall hear all Persons wishing to be heard concerning the revocation of the Motorcade, Parade or Public Assembly permit. The Town Board shall issue its decision within 10 days of any hearing, and may confirm the revocation of the Motorcade, Parade or Public Assembly permit, reinstate such Motorcade, Parade or Public Assembly permit, or reinstate (and /or amend or re- issue) such Motorcade, Parade or Public Assembly permit upon any one or more conditions. Section 3. Cleanup, Remediation or Restoration of a Motorcade, Parade or Public Assembly The Enforcement Officer may order any Permittee, applicant or Unpermitted Sponsor to cleanup, remediate, and restore any property upon which a permitted or unpermitted Motorcade, Parade or Public Assembly (including those for which a permit was revoked) occurs. The subject property shall be restored to its condition prior to use as a Motorcade, Parade or Public Assembly site, or to its natural condition. The Permittee, applicant or Unpermitted Sponsor shall have no more than 1 day in which to cleanup, remediate, and restore the subject property. Upon notification given by the Enforcement Officer to the Town Supervisor that the Permittee, applicant or Unpermitted Sponsor of a Motorcade, Parade or Public Assembly has failed or refuses to cleanup, remediate, and /or restore the subject premises within that 1 day period, the Town Supervisor may, but is not required to, cause the Town to commence or contract out the cleanup, remediation, and restoration of the subject property. After such work has been completed, the Enforcement Officer shall file in the office of the Town Clerk a Verified Statement of all the direct costs of the cleanup, remediation, and /or restoration of the subject premises, together with a 50% surcharge as compensation to the Town for administering, supervising, and handling said work in accord with the provisions of this Local Law. Such . Verified Statement shall be served by 11 132 personal service or by certified mail upon the Permitteel, applicant or Unpermitted Sponsor at the time of filing. Section 4. Judgment The Town may enter a civil judgment against any Permittee, applicant or Unpermitted Sponsor in the amount of any Verified Statement. Such civil action may be commenced in the Town Court, or any other court of competent jurisdiction, and enforced in accord with law. Section 5. Fines & Penalties A. Any Person who shall suffer, maintain, commit, or allow any violation of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $1,500.00 and a period of incarceration not to exceed 30 days, or (2) subject to a civil penalty of not more than $3,000.00 to be recovered by the Town of Lansing in a civil action. Every such Person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and /or be assessable for each day that such violation, disobedience, omission, neglect or refusal shall continue. All provisions of New York Law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this sub - section. B. In addition to the above provided criminal and civil fines, sentences, and penalties, the Town Board may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this Local Law, and to compel the payment of the amounts referenced upon any Verified Statements, including all costs, expenses, and the 50% surcharge, incurred by the Town in its efforts to cleanup, remediate, or restore the premises upon which a Motorcade, Parade or Public Assembly is or was located or routed. Section 6. Transfer of Title or Assignment by Owner A transfer of title (or any interests therein) in any premises by any Owner shall be no defense to any proceeding under this Local Law. No assignment of any obligations imposed by this Local Law shall be a defense to any proceeding under this Local Law. Section 7. Indemnity Each Person working upon any cleanup, remediation, or restoration work following a Motorcade, Parade or Public Assembly, including all Persons acting in furtherance of the performance of any work pursuant to or under any Noncompliance Notice, shall indemnify, keep and save harmless the Town from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Town from or by reason of or on account of accidents, injuries, damages, and /or losses to Persons or property during any cleanup, remediation, or restoration work. This indemnity provision shall be construed and applied to the maximum extent permitted by law. Section 8. Method and Progress of Cleanup Work In the cleanup, remediation, or restoration of the premises of any Motorcade, Parade or Public Assembly, or any part thereof, any and all cleanup, remediation, or restoration work shall be undertaken with a diligent regard to, and a diligent application of, all applicable safety standards, rules, laws and regulations, in accord with the safest practice and customs in the applicable cleanup industry. Section 9. Limitation on Liability The Town shall not be liable or responsible for any injury to Persons or damage to property due to the Town's actions or failures to act under or pursuant to this Local 12 133 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. Such limitation includes, but is not limited to, any and all claims that injury, damage, loss or liability was caused or contributed to in whole or in part by the issuance or non - issuance of any permit, or the alleged or actual failure to impose or not impose any certain conditions, or the alleged or actual failure to verify or monitor compliance or non - compliance with this Local Law or any permit issued hereunder. ARTICLE He WAIVERS & VARIANCES Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: 1. Granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community. 2. The nature and duration of any non - conforming Motorcade, Parade or Public Assembly, and its effect upon the character, appearance, or welfare of any Persons or the environment. 3. There are special circumstances involved in the particular case. 4. Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self- imposed. 5. The waiver is the minimum necessary degree of variation from the requirements of this Local Law, ARTICLE Is MANAGEMENT Every Permittee, applicant or Unpermitted Sponsor shall personally manage and be personally responsible for the Motorcade, Parade or Public Assembly, ARTICLE J: SEVERABILITY If any clause, sentence, paragraph, section or article 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 thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. ARTICLE K: ARTICLE 78 The determinations of the Town Board and the Enforcement Officer referenced in this Local Law shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules ( "CPLR "). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any appeals as provided for in this Local Law. ARTICLE L: EFFECTIVE DATE This Local Law shall be effective upon filing." Point: RESOLUTION 06 -127 DECLARATION OF LEAD AGENCY FOR ENVIRONMENTAL IMPACT REVIEW OF 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was 13 134 duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, 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 and has been available online and 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 WHEREAS, the Town of Lansing proposes to be the Lead Agency, but will allow for coordinated review upon request from any involved or interested agencies; and WHEREAS, upon consideration of the above, and upon due deliberation thereupon; it is hereby RESOLVED AND DETERMINED, that, subject to any request for coordinated review, 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 Public Hearing on SEQR for Salt Point: RESOLUTION 06 -128 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Salt Point SEQR is hereby opened at 6:10 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor RESOLUTION 06 =129 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the SEQR for Salt Point is hereby closed at 6:18 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 14 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Mr. Farkas thanked Darby and her group for all of their help. A lot of people got involved and he felt there will be a good end in site. RESOLUTION 06 -130 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT re SALT POINT MANAGEMENT PLAN 135 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, 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 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, 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 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, and all persons interested in the subject hereof were permitted to speak and introduce evidence on this matter and to take such action thereon as is required or permitted by law; and 15 136 WHEREAS, the proposed project is wholly within the Town of Lansing and there are no interested or involved agencies, and by Resolution dated May 17, 2006 (Resolution Number 06 -127) 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, the areas of potential environmental concern discussed and /or identified include, but are not limited to, (1) the impact upon Salmon Creek and the Salmon Creek delta Districts, (2) the disturbance of soils and bedrock upon the future construction of the considered improvements, (3) increased traffic and noise resulting from periods of construction, and the noise and odors there from as may affect Myers Park, (4) the effects of construction upon slopes and water quality, (5) sedimentation and stormwater drainage issues occurring during construction, (6) any effects upon Cayuga Lake and Salmon Creek, adjacent to the proposed project area, and (7) the potential length of construction potentially exceeding one year; and WHEREAS, the Lead Agency considered such impacts and the mitigation thereof, including, but not limited to (1) the temporary nature of the disturbances, (2) the reclamation and restoration of soils and natur<3I fauna and flora, (3) the implementation of sediment and stormwater run -off controls before, during, and after construction, (4) the increased safe use of the land as a result of regulation of the site and improvements thereupon, and (5) the mitigation of construction effects, noise, and odors by limiting construction hours and management of construction debris, dust, silt and site runoff; and WHEREAS, the Lead Agency determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non- significant; and WHEREAS, upon 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 Salt Point Plan: RESOLUTION 06 -131 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Salt Point Plan is hereby opened at 6:20 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Darby Kiley addressed the Board and all present. Darby stated that all comments were in support of the plan. She also stated that the Town has signed an agreement with NYS Dept. of Environmental Conservation to manage the property at Salt Point. The agreement allows low - impact: and non - motorized uses except on established roads and parking areas. Vehicular traffic will be limited to entrance and loop roads with two parking areas. There will also be walking trails. 16 137 Rules and Regulations will need to be established. On June 3d people will be able to go to Salt Point and get information regarding it. Darby stated that the DEC has met with the Railroad but was not clear what the outcome was. Mr. McGuire stated that the Town needs to get involved with the Railroad right —of — way as he feels the State is trespassing on the railroads right -of -way which is 33 feet of either side of the tracks. Claus Nyberg congratulated the Town on dealing with the DEC on the Salt Point issue. He stated that he has a piece of land that is accessed by Salt Point and wanted to know what will happen. Bud Shattuck stated that he did not think there were any right -of -ways with the State. Mr. Nyberg did not think the Town has this option. He gave the Town notice that they are in his right —of — way and that he will take legal action. RESOLUTION 06 -132 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Salt Point management plan is hereby closed at 6:25 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor RESOLUTION 06 -133 APPROVAL OF 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 171h day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, 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 and has been available online and at.the Town Clerk's Office for review; and 17 • 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 WHEREAS, the Town of Lansing was appointed Lead Agency by Resolution dated May 17, 2006 (Resolution Number 06 -127, subject to any requests for coordinated review; 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 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, and all persons interested in the subject hereof were permitted to speak and introduce evidence on this matter and to take such action thereon as is required or permitted by law; and WHEREAS, the Lead Agency determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non- significant and duly issued a negative declaration of environmental impact by Resolution dated May 17, 2006 (Resolution Number 06 -130); 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 17th day of May, 2006, at 6:20 o'clock P.M., to consider the aforesaid Salt Point Management Plan, and all persons interested in the subject hereof' were permitted to speak and introduce evidence on this matter; and WHEREAS, upon consideration of the above, and upon due deliberation thereupon; it is hereby RESOLVED, that the Salt Point Management Plan bi: and hereby is adopted, and that the Town of Lansing be and hereby is authorized to begin to implement such plan, subject only to any requirements as may be imposed by law for any expenditures of public money. Public Information on Stormwater Annual Report: Darby stated that under the NYS Department of 1= nvironmental Conservation Phase II Stormwater State Pollutant Discharge Elimination System (SPDES) permit requirements for small municipal separate storm sewers, the Town of Lansing is required to develop, implement, and enforce a stormwater management program designed to reduce the discharge: of pollutants from Town - owned storm sewer systems. The annual report describes the Town's progress in implementing this program. The program includes six minimum control measures which are: Public Education and Outreach; Public Involvement/Participation; Illicit Discharge Detection and Elimination; Construction Site Stormwater Runoff Control; Post Construction Stormwater Management; and Pollution Prevention /Good Housekeeping for Municipal Operations. The annual report will be submitted to DEC by June 1. The document is available in the Supervisor's office. John Bailey — Town Insurance: Mr. Bailey thanked Sharon, Steve, Jack and all other people he works with in the Town of Lansing as he appreciates all of their efforts. He gave the Board Members a handout and presented an overview of what we now have and what he proposes. Sharon Anderson — Rain Garden: Mr. Farkas introduced Sharon Anderson. She spoke about the rain garden that will be near the Library. This will catch the runoff from the parking lot. This will help with Storm water quantity issues and with ground water quality issues. On June 10th a class will be held from 9:00 a.m. until noon on how to make a rain garden for your own home. Dave Herrick — Town Engineer: Heruville Road Ext. Number 4: Mr. Herrick broke this out into two plans because of the cost. He stated the cost would be $1,623.00 per year for 20 years. Mr. Shreive will go back to the neighborhood to see if there is support and get back to the Town with the results. Mr. Herrick reported on the following: 1. Water System Planning and Maintenance a. Town CWD, Extension #1 o T.G. Miller has prepared an agreement for engineering and surveying services to proceed with the design and construction phases. b. Town CWD, Extension #4: Peruville Road o Review the feasibility study findings. C. Davis Subdivision/Myers Heights Rear Road o Mr. Davis has presented the Town with a request to re- design the subdivision so further consideration of establishing a CWD extension will be delayed. d. Drake Road Subdivision o Awaiting the Town/Developer agreement regarding cost reimbursement before initiating any engineering services. 2. Storm Water Planning and Maintenance o Holochuck subdivision on N. Triphammer Road has initiated soil disturbance without having filed the Notice of Intent for the stormwater SPDES permit. The local NRCS office received a complaint which led to this discovery. The project is regulated by the Town's Local Law for Stormwater and Erosion Control. Local (Town) enforcement is applicable given the size of the site disturbance. A stop work order was issued until the project receives SPDES coverage. The Town CEO and Engineer will conduct a site inspection Thursday to identify non - conforming practices to be corrected before work is allowed to resume. o After a year of reviewing development projects against the Town's Local Law there should be a discussion of what alterations may be appropriate to fill gaps, provide for alternative designs and improve Town oversight during construction. 3. Sanitary Sewer System Planning and Maintenance a. Sewer Committee o Next Town Committee meeting is May 31" 4. Transportation Planning a. Town Highway Specification • Discuss adding asphalt concrete surfacing to the present cross - section. Jack French — Town Highway Superintendent• Highway Department Hours. The Highway Department will start their summer hours at the end of April. The hours will be from 6:00 a.m. to 4:30 p.m., Monday through Thursday. New Deputy: 19 Min 140 Charlie Purcell is now the new Deputy Highway Superintendent. Brush and Limb Pick -up: The brush and limb pick -up cost the Town $22,4 87.00. (3 1/2 days) The cost for the Village portion was $ 3,664.00. ('/2 day) C & S Sweeping: Mr. French has hired C &S Sweeping to sweep the roads in the Town. Seventy -four (74) roads will be swept and will cost $ 41400.00. New Truck: The new truck was delivered last Thursday. Dick Platt — Code Enforcement Officer. Monthly Report: Mr. Platt stated that he was up by 2 permits from last.year but down in project costs by $ 98,950.00. Stormwater: Darby Kiley will keep records and do the inspections. Byrne Dairy: Byrne Dairy will come to the ZBA on June 20th for a variance for the property located at 34 and 34B. John Young: Mr. Young will also be at the ZBA meeting on June 20th for a Public Hearing regarding a reduction on the number of soccer fields proposed for his property. John O'Connor: Mr. O'Connor's multi -use sub - division on North Triphammer Road is moving along. Mrs. Wilcox felt there was a need for affordable housing in the Town and did not feel Mr. O'Connor was very receptive to this. Mrs. Wilcox felt a place in the Town needs to be set aside for affordable housing and that the developers need to know this. Mr. Platt stated that Bailey Homes is trying to put up some affordable housing in the Town. Holochuck Sub - division: Mr. Platt stated that there has been a problem since the beginning with this four lot sub - division. He stated that they may have to ask for performance bonds for the project. Planning Board Alternates: Three people are interested in the vacancies on the Planning Board. They are: Ruth Hopkins, Dave Buck and Greg Lawrence. Matt Besemer stated that there is a fourth person also interested. All will be invited to attend the Planning Board meetings prior to an appointment. 20 LCLC. The job is underway. Cin Mar. Everything is in place and will start tomorrow. Dick still does not have the BOND but has been promised it by Monday. If he does not get it, he will put a stop work order out. Archive Building: Mr. Farkas thanked Mr. Platt for all of his work he has put into the Archive Building. The building will be ready to move into on June 1, 20061 Steve Colt — Recreation Supervisor: Mr. Colt presented and went over the following report: =0511) �n�, ►► him:.►► ul � �..�.,ti►►��� I&JImal '.' I •� I I �1� o The LBP and LSP programs are in progress with games and practices with over 400 players competing on 40 different teams. o The summer program booklet containing over 40 programs is currently in circulation. We have already received over 200 registrations. Several programs are already full and closed out. The majority of our programming will start in July. o The newest program currently being discussed as a late summer offering is an Intro To Classical Fencing. This program would be available to students age 8 — 18. Parents would also be welcome to participate. All equipment is provided. o We are currently looking at staffing needs for our summer camps. We plan to conduct interviews for camp counselors and lifeguards over the next several weeks. Enclosed is a copy of our Summer Program booklet. IN 0 Camping in Myers Park is set to open for the season this week. We have taken many reservations already. Memorial Day weekend is sold out and most of the month of July is sold out. o As of today, we have sold over 1,000 nights of camping. o The kayak storage racks that were a donated Eagle Scout project are being used. o All of the materials for the lighthouse point project has been delivered and installation will start soon. 0 Our local girl scouts will be planting the flower beds in Myers Park on Monday evening May 22 "dI They are also donating a tree to be planted in the Park. o The Ludlowville Park fencing project materials are in and will start soon. o The beachfront swim area is scheduled to open either June 30`x' or July I", o The concession building is scheduled to open soon and will be open again this summer mostly on weekends and concert nights. 21 142 Request from Bill Duthie: Mr. Duthie has requested water to his property that boarders the Highway Garage property. Mr. Platt will check to see if Mr. Duthie has a right -of -way or not. If he does have, the access costs will be his responsibility. Approve Minutes: A copy of minutes of April 19th and May 8th, having been furnished to the Board beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 06 —134 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of April 19th and May 8th are hereby approved as submitted. Mr. Shattuck wanted to make it clear that the portion of the minutes that talk about the Court records being audited mean that they will be audited once a year. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, :3upervisor Approve Audit: RESOLUTION 06 -135 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: 408 — 514 PrePay Vouchers: 408 — 408 TOTAL. APPROPRIATIONS General Fund 807654.72 Highway Fund 60,944.54 Lansing Lighting 11221.65 Lansing Water Districts 21498.19 Cherry Road Sewer 597.54 Trust & Agency 53,767.69 Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Shared Service Agreements: RESOLUTION 06 -136 RESOLUTION AUTHORIZING SHARED SERVICE AGREEMENTS 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, this Resolution is intended to authorize the Town Supervisor or Deputy Town Supervisor to sign a contract on behalf of the Town of Lansing to permit the Highway Superintendent to share services with other municipalities who possess a similar authorization for the borrowing or lending of materials and supplies and the exchanging, leasing, renting or maintaining of machinery and equipment, including the operators thereof, for the purpose of aiding the Highway Departments in the performance of their duties; and WHEREAS, the Town of Lansing has the power and authority to contract for the purpose of renting, leasing, exchanging, borrowing or maintaining of machinery and equipment, with or without operators, with other municipalities, inter alia, under the General Municipal Law; and WHEREAS, similarly, the Town of Lansing has the power and authority to borrow or lend materials and supplies to other municipalities, and WHEREAS, it is hereby determined that the Town of Lansing has machinery and equipment which is not used during certain periods; and WHEREAS, it is determined that the Town of Lansing may sometimes have materials and supplies on hand which are unusable, not in accord with specifications, old, or not immediately needed; and WHEREAS, it is hereby determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Town of Lansing may avoid the necessity of purchasing certain needed highway machinery and equipment, and /or the purchasing of or storing a large inventory of certain extra materials and supplies, thereby saving the taxpayers money; and WHEREAS, Lansing desires to design a simplified method of effecting the goals of shared services, but with due regard to protecting the fiscal and other interests of the Town of Lansing and its citizens; and WHEREAS, it is the intent of the Town of Lansing to authorize the Town of Lansing Highway Superintendent to enter into renting, exchanging, borrowing, lending or maintaining arrangements with the persons serving in similar capacities in other municipalities without the necessity of obtaining approval of the Town Board prior to the making of each individual arrangements; and WHEREAS, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, which contract will grant the person holding the position comparable to that of the Town of Lansing Highway Superintendent authority to make similar arrangements; and WHEREAS, it is hereby determined that it is and will be in the best interests of the Town of Lansing to be a party to such shared services arrangements; and WHEREAS, upon due deliberation of the foregoing, and based upon discussion thereupon, the Town Board of the Town of Lansing has hereby 23 ii RESOLVED, that subject to final approval of the form thereof by the Attorney for the Town, the Town Supervisor and /or Deputy Town Supervisor be and hereby are authorized to sign, on behalf of and in the name of the Town of Lansing, a Shared Service Agreement (the "Agreement ") that shall outline the terms and conditions upon which the Town of Lansing may enter into renting, exchanging, borrowing, lending, or maintaining arrangements with other municipalities who have signed such Agreement, or any substantially similar agreement, as determined by the Town of Lansing Supervisor or Deputy Town Supervisor; and it is further RESOLVED, that upon the execution of such Agreement, the Town of Lansing Highway Superintendent shall thereafter, pursuant to the terms and conditions of such Agreement, administer such Agreement by and in the name of the Town of Lansing. Bensvue Farms Application. RESOLUTION 06 -137 RESOLUTION APPROVING AND AUTHORIZING THE TOWN OF LANSING TO ACT AS APPLICANT FOR STATE AND FEDERAL GRANT AND RELATED PROGRAMS FOR AGRICULTURAL PRESERVATION AND AGRICULTURAL PRESERVATION EASEMENTS THROUGH, INTER ALIA, THE AGRICULTURE AND FARMLAND PROTECTION BOARD re BENSVUE FARMS 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, State and Federal grants and related Programs are available to support and protect agricultural areas and productive farms, including through the Agriculture and Farmland Protection Board; and WHEREAS, in conjunction with the County of Tompkins ( "County "), and at the request of residents of the Town, the Town is considering being the applicant for funding for such programs; and WHEREAS, after examination and study thereupon, the Town of Lansing has determined that it is in the best interests of the Town to preserve agricultural areas and productive farming in the Town as, inter alia, productive farming is a viable and beneficial use of land, and the preservation and protection of agriculture and farming prevents high density development and sprawl, and protection of agriculture and farming preserves and protects groundwater and prevents sedimentation and erosion of watercourses, and protection of agriculture and farming helps preserve valuable unique natural areas, and related flora and fauna, and protection of agriculture and farming helps protect vital elements and geographic features in the Cayuga Lcrike Watershed; and 24 WHEREAS, the County will act as the program monitor at no cost to the Town of Lansing (though the Town will maintain the easements), and there is no expenditure of public funds for acting as the Applicant such as would require a public hearing or referendum; and WHEREAS, the Benson Farm, known as Bensvue Farms, on Lansingville Road, is proposed to be submitted for such grants, and the application of the farmland program within the Town of Lansing and for such farm is consistent with the Town of Lansing's Comprehensive Plan, and are located within Rural and Agriculturally zoned areas; and WHEREAS, the northern end of the Town of Lansing has productive farming operations, excellent soil characteristics, and is geographically connected with a similar farming region in southern Cayuga County; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that the Town of Lansing be and hereby is authorized to act as the Applicant for any such grants or programs to preserve agricultural areas and productive farming; and it is further RESOLVED, that the Town Supervisor and /or Deputy Town Supervisor individually be and are hereby authorized to (1) decide which programs to pursue or apply for, and (2) execute such Memorandums of Understanding, applications, grants, easements, agreements, or other documents as may be necessary to make such applications, process grant funds, or to further effectuate the above purposes for such program(s) for the benefit of the Town relative to the said Benson Farm ( Bensvue Farms, Lansingville Road), but, if any such decision requires the expenditure of non - nominal public funds, the same shall be referred to the whole Town Board for appropriate action. CEDAR Program: RESOLUTION 06 -138 RESOLUTION ADOPTING CEDAR PROGRAM 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 Mall on the 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, in the event of a disaster, many communities do not have enough sufficiently trained Code Enforcement Officials to inspect buildings affected by such disaster; and WHEREAS, the Codes Division of tl partnership with the New York State State Department of State, and the Office, has a program to render communities known as CEDAR Response); and ie New York State Department of State, in Building Officials Conference, the New York New York State Emergency Management volunteer assistance to disaster stricken (Code Enforcement Disaster Assistance 25 Im �1 WHEREAS, the CEDAR Program seeks to provide a mutual aid network in the event of disaster within New York State; and WHEREAS, the Town of Lansing supports the CEDAR program and supports the participation in the program by code enforcement officials employed by the Town who meet the qualifications of CEDAR; and WHEREAS, upon due deliberation upon the foregoing, and in consideration of the benefits for the Town incurred by participation in the CEDAR program, the Town Board of the Town of Lansing has hereby RESOLVED, that Code Enforcement Officer Richard Platt, and Assistant Code Enforcement Officer Lynn Day, be and hereby are authorized to submit an application for membership to the Code Enforcement Disaster Assistance Response program and to complete the necessary training therefore; and it is further RESOLVED, that the Town of Lansing hereby agrees to provide indemnification and insurance coverage for said Code Enforcement personnel while acting as part of the CEDAR Team for mutual aid purposes. Lease Agreement with Ray Sill: RESOLUTION 06 -139 RESOLUTION AUTHORIZING LEASE OF CERTAIN REAL PROPERTY TO RAYMOND SILL FOR FARMING PURPOSES 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 '17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has in the past leased real property to various persons for farming purposes; such property being portions of Town of Lansing Tax Parcel Numbers 31. -1 -14.1 and 31. -1 -9, being also (1) approximately 33 acres in Town of Lansing Tax Parcel Number 31. -1 -14.1, located westerly from and adjacent to the NYS Division for Youth (Gossett Center), and (2) approximately 6 acres of Town of Lansing Tax Parcel Number 31. -1 -9, bounded on the northerly and westerly sides by the parcels known commonly as Kingdom Farm ; and WHEREAS, Raymond Sill desires to lease such property for the 2006 farming season for crop -based agricultural purposes and the "town is agreeable to the same; and WHEREAS, the Town has no public use or need for the subject property; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the lease of the said property acres to Raymond Sill be and hereby is approved for a 1 -year term, and that the Town Supervisor and /or Deputy Town Supervisor be and hereby are authorized to negotiate such lease terms and execute such lease as is deemed to be in the best interests of the Town. 26 SCLIWC Water Sales Amendment: RESOLUTION 06 -140 ME RESOLUTION AUTHORIZING AMENDMENT TO SCLIWC INTERMUNICIPAL AGREEMENT TO PERMIT WATER SALES OUTSIDE OF DEFINED SERVICE AREA 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York on its own behalf and on behalf of the water districts located within the Town of Dryden, the Town Board of the Town of Ithaca, Tompkins County, New York, on its own behalf and on behalf of the Town -wide water benefited area of the Town of Ithaca, the Town Board of the Town of Lansing, Tompkins County, New York on its own behalf and on behalf of the Town of Lansing Consolidated Water District and Consolidated Water District Extension 1, as located within the Town of Lansing, the Village of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York, (all of the above - identified parties being collectively or individually referred to herein as "Municipalities" or a "Municipality "), entered into an intermunicipal agreement concerning the creation and operation of a water supply and transmission system as the Town of Dryden (then acting on its own behalf and on behalf of Dryden Water District 1), the Town of Ithaca, the Town of Lansing (then acting on its own behalf and on behalf of McKinney's Water District), the Village of Village, and the Village of Cayuga Heights executed an Amended, Supplemental, Restated, and Consolidated Agreement of Municipal Cooperation for Construction, Financing, and Operation of an Inter - Municipal Water Supply and Transmission System as of June 5, 1979; and WHEREAS, said agreement has been amended and supplemented on several occasions since its execution (the original agreement, the amended and restated agreement, and all amendments thereto, hereinafter being collectively referred to as the "Intermunicipal Agreement"); and WHEREAS, it has been brought to the attention of the Town of Lansing and the Municipalities that certain provisions of the Intermunicipal Agreement pertaining to the supply of water by designated Municipalities to users outside the service area defined in the Intermunicipal Agreement need to be amended to permit the Town of Ithaca to sell water to an outside user who is not within any of the water districts in the Town of Ulysses to which the Town of Ithaca could sell water, as previously authorized; and WHEREAS, the Municipalities that are parties to the Intermunicipal Agreement have collectively agreed to amend the Intermunicipal Agreement to incorporate the above concerns; and WHEREAS, the Town of Lansing has reviewed such proposed amendments, and wishes to approve and ratify the same; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby 27 RESOLVED, that the proposed amendments to the Intermunicipal Agreement, copies of which are available at the Town Clerk's Office, be and hereby are accepted and approved by the Town of Lansing; and it is further RESOLVED, that the Supervisor, Deputy Supervisor, Town Councilpersons, and Town Clerk of the Town of Lansing be and are each hereby authorized to execute such amendments by and on behalf of the Town of Lansing. Letter from Scott and Kathy Hollister: A Letter has been received from Mr. and Mrs. Hollister regarding the Hancharik property (Mr. Hollister's inlaws) that had water damage done to their basement. They are asking for the Town to pay the $ 500.00 deductible fee that their Insurance will not cover. Mr. Krogh stated that legally, the Town could not reimburse this money. The Board Members agreed that there was no way they could legally give the Hancharik's the $ 500.00 they were requesting. Mr. Besemer will inform Mr. and Mrs. Hollister of the Board's decision. BOARD MEMBER REPORTS: Matt Besemer: John O'Connor Sub - division: Mr. Besemer informed the Board that Mr. O'Connor has taken the proper steps regarding a paper road for a possible connecter road in the future. Mr. Besemer asked the Board if the Town or the Board wants to get involved in more of a dialogue to persuade or to ease in the transaction or do they leave it amongst private property owners. Bud stated that it was not necessary since it did not compromise Mr. O'Connor's project. Assessment Review Board: On May 9th, there were 11 property owners that showed up to grieve their assessments. Cayuga Medical Center's Annual Function: Mr. Besemer attended said function. The cardiac care addition is complete and they are working on the Emergency Room addition. The Island Health Fitness Center has far exceeded its expectations as far as membership. It is almost double of what they expected. Marty Christopher: Employee Handbook: Mr. Christopher stated that the handbook is completed and ready for approval and distribution. The following resolution was then adopted: RESOLUTION 06 =141 RESOLUTION ADOPTING AMEDNMENTS TO EMPLOYEE HANDBOOK 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 17th day of May, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, 28 Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and. the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has an Employee Handbook that defines the terms and benefits of employment by the Town of Lansing; and WHEREAS, the said Employee Handbook has been updated to integrate all past amendments and comply with changes in applicable law and Town personnel policies; and WHEREAS, upon due deliberation and discussion upon the foregoing, and a review thereof, it is hereby RESOLVED, that the Employee Handbook be and is hereby adopted as amended. Connie Wilcox: Technology Committee: Everyone is happy and the next meeting is scheduled for July 13th. All felt it has been a good move with the hiring of Steve Loncto. Mr. Shattuck asked if Mr. Loncto would attend a Board Meeting to give a report on all he has done. Mrs. Wilcox will contact Mr. Loncto regarding this. Lansing Housing Authoritv: Annual Meeting was last month and everything is going well. Lansing Fire Department: Everything is going okay. Commissioner's had a tele- conference with the State Comptroller's Office and realize there is a lot they need to comply with. Changes will be implemented. Bud Shattuck: LCSD Meeting: Mr. Shattuck attended this meeting and noted that they skipped their Pledge of Allegiance. PDR Application: Mr. Shattuck gave Mr. Krogh a copy of the MOU to Mr. Krogh. He stated that this is all reimbursable. The County was also approached about sharing costs with the County on matters related to this. He stated that the Town may have to rezone in order to look at affordable housing. Steve Farkas: Better Housing Authority: Mr. Farkas, Mr. Besemer and Mrs. Wilcox will attend the Annual Community breakfast tomorrow morning at the Holiday Inn, Sewer Meeting: The next sewer meeting with Cayuga Heights will be on May 18th RESOLUTION 06 —142 29 150 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 9:03 p.m. to discuss a possible litigation matter. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor RESOLUTION 06 —143 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated at 9:24 p.m. and the Regular Meeting be reconvened. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, ;3upervisor RESOLUTION 06 —144 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Besemer: RESOLVED, that the Regular Meeting is hereby adjourned at the call of the Supervisor at 9:25 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Minutes taken by the Bookkeeper and executed by the Town Clerk. 30