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HomeMy WebLinkAbout2006-10-18237 REGULAR TOWN BOARD MEETING Date: October 18, 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. Privilege of the Floor A) Anyone wishing to address the Board B) Salt Storage — 6:30 p.m. 5. Engineer's Report A) Drake Road Water B) Other Issues 6, Highway Superintendent's Report 7. Park and Recreation Report 8, Code Officer's Report 9, Town Counsel's Report 10, Approve Audit 11. Any other Business that may come before the Board 12, Approve Minutes of September 20th 13, Board Member Reports 14, Executive Session if Needed 15, Adjourn Meeting 238 October 18, 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. Call. The Supervisor called the meeting to order and had the clerk take the Roll Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: Jack French, Dick Platt, Dave Herrick, Matt Cooper, (Lansing Ledger) Scott Ferris, Ken Pomichter, Colleen Brink, Dave and Joyce Heck, Doug McEver, Maureen Brink, Matt Jones, Sara Johnson, Darby Kiley, Richie Bower, John Sluty, John Duthie, Steve Colt, Charlie Purcell and a couple other residents. The Supervisor led all present in the Pledge of Allegiance. Ken Pomichter — 31 Beach Road: Mr. Pomichter presented the Board with a petition for water on Beach Road. Mr. Herrick will look into the feasibility of this and get back to the Board. Dave Heck: -16 Ladoga Park: Mr. Heck asked the Board to perform a feasibility report regarding the Town of Lansing plowing Ladoga Park West, The Attorney will look into the legality of the Town plowing a private road. This matter will be discussed at the November 15th meeting. TOWN ENGINEER'S REPORT: Mr. Herrick gave the following report: ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Town CWD, Extension #3 (Drake Road) Discuss any follow -up responses from residents for the third alternative financing method. Nonie Krom is going door to door to see how many are interested at the $ 720.00 amount and this will be discussed at the next regular meeting. b. Davis Subdivision, CWD Expansion Review the Short EAF and Lead Agency letter. ® Schedule public hearing for late November or early December. Town Engineer to complete water district extension report by November 1 St. 2. CEO and Planning Board a: Subdivision Checklists Working with Planning Board to create useable checklists for Sketch, Preliminary and Final Subdivision applications as well as the Town's Local Law for SWPPP. 1 3. Sanitary Sewer System Planning and Maintenance a. Sewer Committee: had a short meeting tonight. ® Review progress for October 25th public info meeting. 4. Transportation Planning 239 a. Salt Storage Building ® Short EAF for the project. ® Execute agreement with CW Fink & Associates. • Pre - construction conference was held October 11th and Notice to Proceed is effective October 20tt' • Foundation footer has been poured. Walls to be complete by November 1St for delivery of building on November 10th Municipal Officers Association: Bud Shattuck informed all present that the Municipal Officers will now meet quarterly instead of monthly as they presently do. RESOLUTION NO. 06 — 208 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing regarding the Salt Storage Building is hereby opened at 6:30 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 Jack French gave a brief description for the students that attended the meeting. RESOLUTION NO. 06 — 209 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is closed at 6:39 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 Environmental Impact and Review of Salt Storage Building: RESOLUTION 06 -210 RESOLUTION IN CONSIDERATION OF ENVIRONMENTAL IMPACTS AND ENVIRONMENTAL REVIEW OF PROPOSED SALT STORAGE BUILDING & NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT 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 18th day of October, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, aft 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 Highway Department indicated a scheduled need for a salt storage building to protect and preserve valuable and expensive materials and supplies of the Town of Lansing; and WHEREAS, the purchase of materials and construction of such a facility has been the subject of a multi -year plan and study of the Town, the Town Highway Department, and the Town Engineer; and WHEREAS, the Town recently developed and released for public bid detailed construction and bidding specifications, and the bid thereupon was duly awarded; 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 18th day of October, 2006, at 6:30 o'clock P.M., to consider the aforesaid Salt Storage Building, to hear all persons interested in the. subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, no request for a referendum was filed with the requisite time under Town Law Article 7, nor under any other applicable provision of law; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1. This action is an Unclassified SEQRA action; 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. There are determined to be no Involved Agencies; 4, The Interested Agencies are determined to be the Town of Lansing Planning Board; and it is further RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further RESOLVED, that after consideration of all comments and evidence adduced, and upon a review of the LEAF and any significant and /or non - significant environmental impacts, the Town Board of the Town of Lansing, as Lead Agency, does hereby make a negative declaration of environmental impact. Authorization of execution of Salt Storage Building_ RESOLUTION 06 -211 RESOLUTION AUTHORIZING THE EXECUTION OF THE SALT STORAGE BUILDING CONSTRUCTION CONTRACT 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 18th day of October, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, 9 Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Highway Department indicated a scheduled need for a salt storage building to protect and preserve valuable and expensive materials and supplies of the Town of Lansing; and WHEREAS, the purchase of materials and construction of such a facility has been the subject of a multi -year plan and study of the Town, the Town Highway Department, and the Town Engineer; and WHEREAS, the Town recently developed and released for public bid detailed construction and bidding specifications, and the bid thereupon was duly awarded; and WHEREAS, a construction contract was awarded to the lowest responsible bidder and a proposed construction contract had been developed by the Town Engineer and approved by the Attorney for the Town; 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, that the Supervisor or Deputy Supervisor be and are hereby authorized to sign such construction contract by, for, and in the name of the Town of Lansing, and that the Notice to Proceed be duly issued. HIGHWAY DEPARTMENT'S REPORT: North Lansing Fire Hall: The Highway Department has finished up on the extension of parking and repaving of the parking lot at the North Lansing Fire Hall. This was a safety issue and the Fire District did this at their cost. The parking lot at the South Lansing Fire Hall is now being done. Tiger Lilly Lane: Jack will have a meeting on Monday regarding problems with Tiger Lilly Lane. He stated that there are at least three cuts that need to be taken care of before winter. RECREATION DEPARTMENT'S REPORT: Steve gave the following report: Parks & Recreation Department 10/18/06 Town Board Meeting RECREATION • Our Fall Programs are now completed or will be completed within a week. Fall Soccer went well and all of the equipment is being returned now to be cleaned and sorted for next season. • Soccer goals and nets have been taken apart and removed for the season. 2 242 • Water to the ballfield restroom will be turned off in early November when travel soccer games are completed. The restrooms will be winterized and locked at that point. • The vending machines at the ballfield pavilion have been emptied and turned off but will remain there as they did last year for the winter. • We are now accepting registrations for our youth basketball program set to start in early November. It has become increasingly difficult to get big numbers for basketball with so many other options for the students and the limited gym time that is available to us. • Other youth programs that we are currently accepting registrations for are: Gymnastics at Fingerlakes Gymnastics Academy Bowling at the Bowl- O -Drome Skiing at Greek Peak, and we will probably take 5 bus loads of students and adults. Karate, that now has grown to over 40 participants. Adult program that are currently running or are still accepting registrations are: PARKS Yoga Cardio Step Aerobics class Men's Basketball Volleyball coed Women's Volleyball SR Open Swim Women's Basketball This year's Crop Walk is scheduled to take place in Myers Park this Sunday, October 22 "d Our water system has been winterized for the season. This is important and must be done prior to any frost as our lines are not deep enough to be protected from freezing and cracking. - The usual clean up and preparation for the winter season is currently taking place. We are still planning and hoping to be able to make repairs to the Myers Park maintenance shop by early November as our last project. Any final tree planting that we are able to do will be done prior to the end of this month and other than that, the better the Parks are put away for the winter, the better and easier they are opened in the spring. We have had had meeting again with Shy regarding the continuing Marina repairs. again to make for a much smaller budget the repair plan back and will hope for the failures. We are now waiting for the new boards consideration. Gazebo in the Park: )reline Development We have reprioritized number. We have scaled best regarding wall written proposals for the A discussion was held regarding the future gazebo to be placed in the Myers Park. The Town may have to budget approximately $ 8,000.00 for their share of the gazebo. This will be discussed at the next Budget Meeting, CODE ENFORCEMENT OFFICER'S REPORT; Monthly Report: 5 Mr. Platt gave his monthly report and stated that he is down in permits from last year by one but up in project costs by $ 5897888.00. Planning Board. The Planning Board is still working on the Cayuga Way and the Drake Road developments. ZBA Board: Last night, the ZBA granted Scott Pinney a variance for the old IGA store. This will be reviewable on October 17, 2011. Mr. Platt hopes Mr. Pinney will make the building look better. He suggested a new paint job. Mr. Shattuck stated that 2 years ago, we did a reviewable variance for a property in the Lansing Business Park. He asked Mr. Platt if that had been reviewed. Mr. Platt stated that it has been renewed. Old Chris and Green's building: Mr. Christopher asked Mr. Platt if there was anything in the works regarding the old Chris and Green's restaurant. Mr. Platt said there was not but that he could give Mr. Jones a call. He also suggested that town look into an "ugly" buildings ordinance or Town Law in the future. Mark McKanes building on Ridqe Road. Connie asked Mr. Platt how long he was going to give Mr. McKane before making him clean up the demolition of his building on Ridge Road. She stated that if it were someone else, they probably would have been notified by the building department by now. Mr. Platt will send a letter and start proceedings. Approval of Audit. . Resolution No. 06 -212 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: REOSLVED, that the bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: AUDITED VOUCHERS: 1028 - 1139 PRE PAY VOUCHERS: 1028 - 1032 ' """ TOTAL APPROPRI General Fund 73,685.63 Highway Fund 30,279.49 Lansing Lighting 11249.81 Lansing Water Districts 21526.29 Cherry Road Sewer 21200.99 Trust and Agency 39,422.83 Budget Modifications, FROM TO FOR A ee 88010.400 B8010.200 From Zoning Contr, To Zoning Equip. 125.00 88020.400 88020.401 From PI. Bd. Contg. To PI. Bd. Engineer 250.00 88020.420 88020.401 From PI, Bd. Pd Cons to PI. Bd. Engineer 3,000.00 Vote of Town Board ... (Aye) Matt Besemer, Councilperson 0 r NMJ 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 — 213 Approve Minutes: A copy of the minutes of September 20, 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, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of September 20, 2006 are hereby approved as submitted. 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 Scott Ferris — PWC seasonal report: 2006 Statistical information re: warnings issued PWC enforcement Kayaks with no PFD's Canoe with no PFD's Life boat/dinghy no PFD's Child under 12 yao no PFD (on) Bow rider's Operation too close to shore 100 >or 500 feet Operation too close to other boats less 100" Power boat pulling skier no spotter Operating PWC with no certificate Unregistered PWC (out of state) Total Warnings issued The tickets that were issued were for ATTORNEY'S REPORT: 23 3 6 3 35 20 11 1 5 1 me (2) operating too fast too close to shoreline (less 100 feet) (1) pulling skier /tuber without a spotter Mr. Krogh asked the Board to consider passing the following Resolutions. Resolution in support shared municipal services. RESOLUTION 06 =214 RESOLUTION IN SUPPORT OF THE TOMPKINS COUNTY COUNCIL OF GOVERNMENTS' GRANT APPLICATION FOR SHARED MUNICIPAL SERVICES PROGRAM — LOCAL HEALTH INSURANCE INCENTIVE AWARD 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 18th day of October, 2006, the following members being present: Stephen Farkas, Supervisor; Francis 7 245 Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has joined the Tompkins County Council of Governments ( "TCCOG "); and WHEREAS, the TCCOG has resolved to apply for an incentive award under the New York State Shared Municipal Services Program; and WHEREAS, this grant will assist the municipalities of Tompkins County to create a local health consortium; and WHEREAS, the health care consortium will seek to develop health care coverage for all municipalities with the intent to provide a net savings to the taxpayers of Tompkins County; 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, that the Supervisor and /or Deputy Supervisor be and are hereby authorized to act for, in the name of, and on behalf of the Town of Lansing as to all matters relating to this grant and the application there for; and it is further RESOLVED, that the Town of Lansing hereby consents and concurs that the County of Tompkins be designated as lead applicant, and that the County Administrator be and hereby is authorized to act as the contact person for this grant. Set Public Hearing for proposed Drainage District No 2• RESOLUTION 06 -215 RESOLUTION SETTING PUBLIC HEARING FOR SEQRA ENVIRONMENTAL REVIEW FOR PROPOSED DRAINAGE DISTRICT NUMBER 2 APPROVING FINAL MAP, PLAN & REPORT (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 18th day of October, 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 Lansing Town Board having previously determined that a drainage district was needed for the Whispering Pines Subdivision, Phase V and had previously authorized the preparation. of a map, plan and report ( "MPR ") by Resolution 06 -111 (April 19, 2006); and 246 WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and It WHEREAS, the Right of Way and Easement granted by the developer specifically provides for re- dedication to any future Drainage District formed by the Town; and WHERAS, the Town now desires to examine the environmental impacts of such proposed district, and accordingly makes the following findings and resolutions, and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 5. This action is classified as an Unclassified action; 6. The Town Board of the Town of Lansing proposes to be the Lead Agency, for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 7. There are determined to be no Involved Agencies; 8. The Interested Agencies are determined to be the Town of Lansing Planning Board and the NYS Comptroller's Office; and it is further RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further 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 20th day of December, 2006, at 6:05 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Open Public Hearing on Comp. Plan: RESOLUTION No. 06 - 216 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the comprehensive plan is hereby opened at 7:18 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. Shattuck highlighted what the comprehensive plan was for the benefit of the students that were present. RESOLUTION NO. 06 -217 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: 9 RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 7:23 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 Set Public Hearing for SEAR: RESOLUTION 06 418 RESOLUTION SCHEDULING PUBLIC HEARING FOR CONSIDERATION OF ENVIRONMENTAL IMPACTS AND ENVIRONMENTAL REVIEW OF PROPOSED UPDATED AND AMENDED TOWN COMPREHENSIVE PLAN DECLARATION OF INTENT FOR LANSING TOWN BOARD TO ACT AS LEAD AGENCY DESIGNATION OF INVOLVED AND INTERESTED AGENCIES 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 18th day of October, 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 Planning Board has formally recommended that the Town commence proceedings to consider and approve the revised and updated Comprehensive Plan; and WHEREAS, the Town has formally classified the adoption of a Comprehensive Plan as a Type I SEQRA action, and hereby gives notice that it intends to act as lead agency for such SEQRA review; and WHEREAS, upon due deliberation and consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED AND DECLARED, that 1. The proposed action is a Type I SEQRA action; 2. The Town Board intends to act as Lead Agency for such SEQRA review, subject to concurrences and requests for coordinated or independent review with or by all other involved and interested agencies; 3. That the following persons and entities be and hereby are deemed to be involved agencies: the Town of Lansing Planning Board; 4. That the following persons and entities be and hereby are deemed to be interested agencies: the New York State Department of Environmental Conservation; the New York State Agricultural Commission; the New York State Board of Historic 10 247 • Preservation; the New York State Department of State; the Tompkins County Board of Health; the Tompkins County Planning Department; the Cayuga County Board of Representatives; the Dryden Town Board; the Village of Lansing Board of Trustees; the Ithaca Town Board; the Groton Town Board; and the Town of Genoa; and it is further 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 15th day of November, 2006, at 6:05 o'clock P.M., to consider the environmental impacts of the adoption of the aforesaid Comprehensive Plan, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Set Public Hearing for consideration of adoption of the plan: RESOLUTION 06 -219 RESOLUTION SCHEDULING PUBLIC HEARING FOR CONSIDERATION OF ADOPTION OF UPDATED AND AMENDED TOWN COMPREHENSIVE 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 18th day of October, 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 Planning Board has formally recommended that the Town commence proceedings to consider and approve the revised and updated Comprehensive Plan; and WHEREAS, the requirements of Town Law § 274 -a having been met, the Town Board desires public input on the Comprehensive Plan; and WHEREAS, the Plan affects agricultural districts and is a covered action under SEQRA and General Municipal Law §§ 239 -1 and 239 -m; and WHEREAS, the Town Board has duly reviewed the proposed Comprehensive Plan and is familiar with its terms and changes; and WHEREAS, the proposed Comprehensive Plan was duly filed at the Town Clerk's Office, and has been and remained available for public review and comment; and WHEREAS, the said public hearing was duly noticed by publication and posting as required by law; and 11 ER WHEREAS, a copy of such proposed Comprehensive Plan was duly filed with the County Planning Office, the NYS Department of Agriculture, and with such other persons and departments /agencies as required by law; and WHEREAS, a public hearing was had upon the said proposed updated Comprehensive Plan at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of October, 2006, at 6:05 o'clock P.M., and all persons were heard and all evidence and input on the proposed plan were taken and will be duly considered by the Town Board; and WHEREAS, upon due deliberation and consideration thereupon, 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 15th day of November, 2006, at 6:10 o'clock P.M., to consider the adoption of the aforesaid Comprehensive Plan, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. PLANNING BOARD TRAINING: The Chairperson of the Planning Board recommended that Planning Board members be required to take at least 8 hours of training per year in the future. A discussion was held as to weather or not this should be the same policy for the ZBA Board. The Town Board will wait to hear from the chairman of the ZBA Board before further discussion will be held. Establish Public Hearing for Whispering Pines Subdivision° RESOLUTION 06 -220 RESOLUTION ESTABLISHING PUBLIC HEARING FOR PROPOSED DRAINAGE DISTRICT NUMBER 2 (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 18th day of October, 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 Lansing Town Board having previously determined that a drainage district was needed for the Whispering Pines Subdivision, Phase V and had previously authorized the preparation of a map, plan and report by Resolution 06 -111 (Aril 19, 2006), but needs to update such request; and WHEREAS,_the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and 12 250 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 a public hearing is now necessary; and WHEREAS, upon due deliberation thereupon, the Town Board has hereby RESOLVED AND DETERMINED, that 1. The boundaries of the proposed district include all properties defined, drawn and described in the map, plan and report ( "MPR "), all as more particularly shown upon the Whispering Pines Final sealed Subdivision Plat, and the tax parcel numbers and descriptions thereof are expressly herein incorporated; 2. No improvements are proposed as they have all been already installed by the Developer; 3. The costs to a typical property include no construction or financing costs, and only include operation and maintenance costs for the maintenance of the improvements already existing, with such first year annual costs estimated to be $21.00; 4. The MPR shall be filed at the Town Clerk's Office for public review and comment on or before November 15, 2006; and it is further RESOLVED, that the draft Map, Plan and Report be and hereby is approved and directed to be finalized and filed in the Town Clerk's Office on or before November 15, 2006; and it is further 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 20th day of December, 2006, at 6:10 o'clock P.M., to consider the creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, not more than 10 nor less than 20 days before the public hearing, in accord with law. Establish Public Hearing re: amendments to ordinance: RESOLUTION 06 -221 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING AMENDMENTS TO ORDINANCE 51 (SENIOR CITIZENS TAX EXEMPTIONS) 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 18th day of October, 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 13 251 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, due to a change in the senior citizen and disabled persons tax exemptions issues by the State of New York through amendments of Real Property Law § 467; and WHEREAS, Current Lansing Ordinance Number 51 provides for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by said Real Property Law §467, as amended; and WHEREAS, said Ordinance Number 51, in general terms: defines eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies fines for providing false statements; and WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State laws concerning eligibility and exemption levels; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced, herein, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of November, 2006, at 7:00 o'clock P.M., to consider the aforesaid amendments to Ordinance 51, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post ,a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Public Hearing to charn Lice RESOLUTION 06 -222 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING AMENDMENTS TO LOCAL LAW NUMBER 2 OF 1995 (DOG LICENSE FEES) 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 18th day of October, 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, 14 252 Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to increased costs and expenses for processing licensing information and reports for dogs, the Town desires to update its dog licensing fee schedule to make it equivalent with other upstate communities; and WHEREAS, the fee has not increased since Local Law Number 2 of 1995 amended the fee structure established by Local Law Number 2 of 1979; and WHEREAS, Local Law Number 5 of 2006 is proposed to increase the fee structure for the licensing of dogs to $10.00 for spayed and neutered dogs and $20.00 for all other dogs; and WHEREAS, after review and discussion of such proposals, 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 15th day of November, 2006, at 7:05 o'clock P.M., to consider the adoption of Local Law #5 of 2006 to establish Dog License Fees in the Town of Lansing, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Establish Public Hearing for Code Enforcement Local Law: RESOLUTION 06 -223 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING ADOPTION OF CODE ADMINISTRATION AND ENFORCEMENT LOCAL LAW LOCAL LAW NUMBER 6 OF 2006 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 18th day of October, 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, New York State (and /or its authorized departments and agencies) have adopted 19 NYCRR Part 1203, which requires that all municipalities have in place, by January 1, 2007, a Local Law or Ordinance establishing minimum standards for the administration and enforcement of the NYS Building Codes; and WHEREAS, the Town has been examining proposals and issues relating to such a Local Law, including conversations and discussions with the NYS Department of State, Office of Code Enforcement and Administration; and WHEREAS, the Town proposes to adopt a Local Law that will, among other things, (1) define the terms "Building Permit ", "Certificate of Occupancy ", "Certificate of Compliance ", "Code Enforcement Officer ", "Code Enforcement 15 Personnel", "Compliance Order ", "Energy Code ", "Inspector ", "Operating Permit ", "Permit Holder ", "Person ", "Stop Work Order ", "Temporary Certificate ", "Town ", and "Uniform Code ", among others, (2) grant powers to the Code Enforcement Officer(s) to administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law, to receive, review, and approve or disapprove applications, plans, specifications and construction documents, to Building Permits, Certificates, Temporary Certificates and Operating Permits, and to include such terms and conditions in relation thereto as the Code Enforcement Officer may determine to be appropriate, to conduct construction inspections, to issue Stop Work Orders, to review and investigate complaints, to issue orders, to maintain records, to collect fees, to pursue administrative enforcement actions and proceedings, (3) requirements for Code Enforcement Officers; (4) rules pertaining to the requirement for and issuance of Building Permits; (5) descriptions for applications for a Building Permit and information includable in any such application; (6) specifications for construction drawings and documents; (7) requirements that work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit; (8) time limits upon and fees for Building Permits; (9) rules for revoking or suspending Building Permits; (10) rules for construction inspections; (11) specifications as to when a Code Enforcement Officer may issue stop work orders, and the requirements of a stop work order; (12) rules for the issuance and cancellation of Certificates of Occupancy and Compliance; (13) rules for notices relating to fires, explosions, and unsafe buildings and structures; (14) rules governing operating permits for certain operations, including the manufacturing, storing or handling hazardous materials in certain quantities, hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling, the use of pyrotechnic devices in assembly occupancies, buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and buildings whose use or occupancy classification may pose a substantial potential hazard to public safety; (15) specification as to contents of and rules for issuance of Operating Permits; (16) rules of fire safety and property safety inspections; (17) complaint investigation procedures and powers, including inspections, ticketing, issuing orders, etc., (18) record keeping requirements and a specification of the types of records that should be generated and kept; (19) requirements relating to the periodic review and reporting upon the procedures used in code compliance, including this Local Law; (20) rules for the issuance of compliance orders and violation proceedings, and the specification of civil and penal penalties; and WHEREAS, upon due deliberation upon the foregoing, 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 20th day of December, 2006, at 6:15 o'clock P.M., to consider the Adoption of Local Law Number 6 of 2006, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Resolution regarding the Lake Forest Agreement: RESOLUTION 06 -224 RESOLUTION AUTHORIZING THE EXECUTION OF THE LAKE FOREST DEVELOPER'S AGREEMENT REGARDING EXPENSES FOR THE MAP, PLAN & REPORT AND CWD EXTENSION COSTS AND FEES 16 253 254 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 18th day of October, 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, H. Floyd Davis, III is the Developer of the Lake Forest Subdivision; and WHEREAS, said Developer needs municipal water in such subdivision to meet the terms and conditions imposed and agreed upon relative to the subdivision sketch and plats; and WHEREAS, the Developer desires to pay for a map, plan and report ( "MPR") to examine the feasibility of a water district or district extension for such subdivision; and WHEREAS, the Developer has agreed to sign a Developer's Agreement to acknowledge such promise to pay for the MPR, as well as all costs and expenses associated with any such district or extension; and WHEREAS, the Town's Counsel has prepared a Developer's Agreement that the Town Board finds acceptable; 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, that the Supervisor or Deputy Supervisor be and hereby are authorized to sign the Lake Forest Subdivision Developer's Agreement by, on behalf or, and in the name of the Town of Lansing. Resolution establishing Water Rates for 2007• RESOLUTION 06 -225 RESOLUTION ESTABLISHING 2007 WATER RATES 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 18th day of October, 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 must set its water rates for 2007 so as to allow Bolton Point to begin first quarter billing;. and WHEREAS, upon due deliberation upon the same, it is hereby 17 255 RESOLVED, that the Town Board of the Town of Lansing does hereby establish the following water rates for the Town of Lansing residents for the year 2007: Water Rate $2.21 per thousand gallons Operation and Maintenance Fee $ .45 per thousand alb TOTAL RATE $2.66 per thousand gallons Resolution to authorize change in pay for Deputy Highway Superintendent RESOLUTION 06 -226 RESOLUTION AUTHORIZING CHANGE IN PAY SCALE OF DEPUTY TOWN HIGHWAY SUPERINTENDENT 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 18th day of October, 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 examined its pay scale for its Deputy Highway Superintendent, in part by comparing the same against other similarly situate municipalities; and WHEREAS, the Deputy Superintendent's duties have substantially increased over the past several years; 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, that the Town Deputy Highway Superintendent's pay scale be and is hereby amended effective January 1, 2007 to be $3.00 per hour above the said employee's regular base rate of pay; and it is further RESOLVED, that any Town Personnel Officer be and hereby is authorized to ensure this change is reflected in any payroll and reporting records, and recorded, if required, with the County Personnel Office and /or on the Town's Civil Service Roster. Authorization to sign the ASCAP Agreement, RESOLUTION 06 -227 AUTHORITY TO SIGN ASCAP LICENSING AGREEMENT 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 18th day of October, 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, ffel 256 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 audited and examined its actual and potential uses of licensed music, and the benefit of using licensed music, for its various events, including, but not limited to the use of music by the Parks and Recreation Department; and WHEREAS, ASCAP, the American Society of Composers, Authors and Publishers) has communicated with the Town regarding the licensing of its musical library under a limited use blanket license, which license is designed for municipal users; and WHEREAS, the said License Agreement has been reviewed and approved by the Attorney for the Town; 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, that the Town Supervisor and /or Deputy Town Supervisor be and herby are authorized to sign the ASCAP Licensing Agreement for, by, and in the name of the Town of Lansing, and they be further authorized to direct the payment of the Licensing Fee; and it is further RESOLVED, that, except as permitted by and under such ASCAP Licensing Agreement, the Town, and its Departments, employees, independent contractors and agents, be and hereby are prohibited from playing or promoting any copyrighted or other music for any purpose, and all such Town personnel and agents promote, reproduce, and /or play only music contained within the ASCAP licensed library. Amendment of Steve Loncto's Agreement: RESOLUTION 06 =228 RESOLUTION AUTHORIZING THE EXECUTION OF THE AMENDED LONCTO ENTERPRISES AGREEMENT 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 18th day of October, 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 of Lansing has a need for hardware and software maintenance and repair, and a need to integrate its separate computer systems; and WHEREAS, the Town believes that it needs to insure that different software being used by different departments are compatible for use by others and within a network environment; and WHEREAS, upon request of the full Board, the Technology Committee obtained and analyzed information, pricing, and proposals from several sources that provide computer, networking and maintenance services; and 19 257 WHEREAS, by Resolution 06 -70 (March 15, 2006) Loncto Enterprises, LLC was selected to provide such services and support, and the Town and such LLC now desire to renew the agreement for 2007 and make the same run annually based upon the calendar year; and WHEREAS, after review and discussion of such proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that the contract with Loncto Enterprises, LLC, be and hereby is extended from January 1, 2007 to December 31, 2007; and it is further RESOLVED, that the Town Supervisor or Deputy Town Supervisor be and hereby are authorized to execute the contract by, for, and in the name of the Town of Lansing. 2007 Constables' Agreement: RESOLUTION 06 -229 RESOLUTION AUTHORIZING THE EXECUTION OF THE 2007 CONSTABLES' AGREEMENT 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 18th day of October, 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 a need for constable services in relation to, inter alia, its parks, water craft patrols, the service of civil process, and Town Court protective services; and WHEREAS, the Town desires only to use individuals to serve as Constables who hold New York State Police Officer certification; and WHEREAS, there are differing rates and duties for differing constable services, and the Town had contracted with different constables by differing written contractual agreements or verbal contractual agreements, and the Town and the Constables have each expressed a desire for there to be one uniform agreement so as to provide for basic fairness, and so as to clearly delineate the services to be provided and the remuneration to be paid therefore; and WHEREAS, a proposed Constable Services Contract has been generated, reviewed and preliminarily approved by the Town Board and the Town's Counsel; and WHEREAS, by Resolution 05 -226 (November 16, 2005), the Town Board had previously approved such Constables Contract, but now needs to update the rates and schedules thereof; and 20 258 WHEREAS, after review and discussion of each of the foregoing premises, and the proposals and related terms of agreement set forth in such Constables Services Agreement, the Town Board of the Town of Lansing has hereby RESOLVED, that the following rate and schedules fees be increased for 2007: Court Constable $57.00 per hour; Park Constable $16,480.00 annually, payable in monthly installments from April 1 to October 31 of $2,354.29, with the final months' payment to be $2,354.26; Watercraft Constable $36.00 per hour; and Civil Service & Process at $31.00 per person served; and it is further RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized to execute such Constables services agreement by and in the name of the Town of Lansing. Order Withdrawal of Comptroller's Application RESOLUTION 06 -230 RESOLUTION AUTHORIZING AND ORDERING THE WITHDRAWAL OF COMPTROLLER'S APPLICATION 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 18th day of October, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, residents in the Algerine and Lansing Station Road areas petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and a preliminary informational petition signed by over 80% of the proposed affected property owners for the establishment of a proposed CWD E= xtension ( "CWD Extension 1") covering a portion of Lansing Station Road and Algerine Road in the Town of Lansing, and the Town determined that it would proceed with district extension formation under Article 12 -A of the Town Law; and WHEREAS, the expansion of the CWD into the affected areas was deemed to be in the public interest by Resolution Number 05 -111 of May 18, 2005; and WHEREAS, public hearings were duly held after notice, and the boundaries, expenses, costs, and conditions of CWD Extension 1 were formalized and duly filed, together with district formation cost information, with the Town Clerk as required by law, and interested members of the public were able to examine and comment upon the same; and WHEREAS, the Town Board conducted a SEQRA review and completed an Environmental Assessment Form, and the Town Board reviewed the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental impact by Resolution 05 -240 of December 21, 2005; and WHEREAS, by Resolution 05 -243, the Town determined that (a) the map, plan and report comply with the requirements of Section 209 et seq. of the Town Law, and the notice of hearing was published and posted as required by law and are otherwise sufficient; and (b) the property and property owners within the proposed. Consolidated Water District Extension 1 were all benefited thereby; and (c) the property and property owners benefited are included within the limits 21 of the proposed Consolidated Water District Extension 1; and (d) it is in the public . interest to establish the Consolidated Water District Extension 1; and WHEREAS, by written notices, official filings, postings, publications, and /or public information sessions and meetings, the costs of the proposed district were fully explored by the Town and all potentially affected residents; and WHEREAS, by Resolution 05 -243, the Town approved the creation of Town of Lansing Consolidated Water District Extension 1, which Resolution was subject to a permissive referendum; and WHEREAS, the Resolution approving the creation of the District was duly filed with the County Clerk, thus officially creating the District, subject to Referendum, if any, and the review of the State Comptroller, if any; and WHEREAS, a petition requesting a referendum was filed and an election duly held, and the referendum duly passed and the results of such vote were duly certified; and WHEREAS, a formal application was made to, and duly filed with, the NYS Comptroller's Office /Department of Audit and Control; and WHEREAS, the Comptroller's Office has acknowledged the creation of the District effective as of the date of filing with the County Clerk, and has further analyzed the costs of the district to the typical one or to family dwelling; and WHEREAS, after such review, the Comptroller has determined that the Comptroller has no continuing jurisdiction to review as the cost is below the Comptroller's established review threshold; and WHEREAS, the Comptroller has requested that the Town Board pass a Resolution formally withdrawing the application so that the district may proceed in accord with the district formation filing with the County Clerk; and WHEREAS, upon due deliberation upon the request of the Comptroller, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing's application to the Comptroller be and hereby is withdrawn. BOARD MEMBER REPORTS: Matt Besemer: Ordinance Committee: Mr. Besemer stated that a Committee has been formed to look at the Town's ordinance. Issues that need to be addressed have been outlined and Joan Jurkowich is going to put together a preliminary draft for the Planning Boards review. Liaison between the Town Board and the School Board: Mr. Mark Stammer, the chairman of the facilities committee asked Matt why there was not a liaison officer between the School and the Town. Mr. Shattuck stated that he may not have heard all of the earlier reports that Bud gave as he is on the communications group. Marty Christopher: Citizens Advisory Board: 22 259 260 He attended the Citizen's Board meeting at the Gossett Center on October 3`d. He met Brenda Allback, the new director at the women's center. They discussed modifying their neighbor notification policy due to the girls that absconded a couple of months ago. The AWOL policy will be changed in the near future and the Girls School will also be putting in cameras. The Gossett Center already has cameras. Connie Wilcox: Small Cities Grants: Mrs. Wilcox attended the Governor's Office for small cities grants meeting to see what they had to offer. She stated that the grants are not very large and probably would not make a dent in the sewer project. Fire Department: The Fire Department is still looking into a new building in the Village but it is not moving along very rapidly as the district owns land in the Village but the Village will not allow them to build a new building on it. They will allow them to build behind the Village Office Building but the water tower would have to be torn down first. That probably will not happen until 2008. Bud Shattuck: Water Resource Council: The Council met on October 17th and it was stated that the Town of Ithaca has passed a dock ordinance that regulates docks and dock sizes in Cayuga Lake that are in the Town of Ithaca. This will be looked at for other Towns. There are different opinions regarding the legality of this matter. Mr. Shattuck stated that New York State says that docks that go out into the water are public property, therefore, the question has come up asking could anyone dock at any dock and walk across private property. Mr. Shattuck felt the length of the dock was the important issue. Mr. Krogh asked how the Town of Ithaca got around the Army Corp of Engineers. Anyone who builds a dock has to get a permit from the Army Corp of Engineers. Mr. Krogh will look into this. Sewer Project: The sewer project is a 17 million dollar project and the next meeting will be held on October 25th at 6:00 p.m. He invited the students present to attend the meeting. Steve Farkas: Nothing to report at this time. RESOLUTION NO. 06 — 231 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 8:05 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 23 Minutes taken and executed by the Town Clerk. 24 r�