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HomeMy WebLinkAbout2007-02-22REGULAR TOWN 130ARD MEETING DATE; Febxuary 221, 2007. TIME: 6400 p.m. PLACE: Lansing Town Hall Board Room AGENDA i. Call Meeting to Order Roll Call Pledge of Allegiance 4a Public Hearing — 6.06 p.m. — Continuation of Public Hearing for proposed Drainage District 51 Privilege of the .Floor. A) Anyone �-vishing to address the Board 6, Engineer's Report 7, Planning Department Report 8, Highway upeiint'endent's Report Parks and Recreation Deport 104 Assessment Revie %v Board Ila Approve Audit 12, Approve Minutes of January 17, 2007 13, Any other Business to come before the Board 1.4. Board Member Reports ib. To�vm Counsel Depart , Executive Sessi r. on if Needed 17, Adjourn Meeting D 7 L February 22, 2007 The Town Board of the Town of Lansing met in Regular Session at the Lansing Town Hall Board Room at 6:00 p-m_ on February 22, 2007 with Supervisor Farkas presiding. VI ITOR : Jack French, Dave Herrick, Darby Kiley, Steve Bolt, Blaes Nyberg, Louis and Carolyn Fabi, Reporters from Lansing Ledger and the Lansing Star_ Call_ The Supervisor called the meeting to order and had the clerk take the Roll Stephen Farkas Matt Beemer Marty Christopher Bud Shattuck Donnie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Bouncilperson Present ouncilperson Present Bouncilperson Present Bouncilperson Present Town Clerk Present Town Attorney Present The Supervisor led all present in the Pledge of Allegiance, Continuation of Public Hearing for proposed Drainage District No. : Mr. and Mrs. Fabi presented pictures of their property regarding the drainage to the clerk_ short discussion was held and it was decided to postpone the Public Hearing for the proposed Drainage District No_ 2 until next month as nothing has fret been received from the Engineer for Mr. Thaler. Privilege of the Floor: Claes Nyberg: Mr_ Nyberg asked what: was being done at Salt Point regarding the gate, Mr_ Shattuck inforrned M r, Nyberg that a gate will be installed at the entrance at the end of April or beginning of May_ Mr. Nyberg was concerned about the access to property beyond the gate, Mr. Shattuck stated that the gate would not be locked but that an easy pin will be installed which will allow access after hours, Town Engineer's monthly report: Mr. Herrick presented the following to the Board: ENG I NEEWS AGENDA 1. Water system Planning and Maintenance a, Town CWU, Lake Forest Extension * Modification of SEAR resolution, b. Beach load Petition • T M will prepare a typical feasibility analysis with afternatrves for pipe material and construction contracting_ c_ Town GWO, Ext #1 • Execute Professional Services agreement to begin surveying and design phases, Mr_ Krogh rlI review these_ iii L MR d. Town CVV D, Drake Road Extension • Discuss a district extension for the north end of Drake Road and obtain Board authorization for the preparation of an Engineer's MICR and SEAR documentation. 2_ Starmwater Planning and Maintenance a. Drainage District #2, Whispering Pines Public Hearing regarding District Formation was tabled frorrr 12120106 pending information from the developer's engineer_ No additional information has been presented to the Town, 3, Sanitary Sewer Systern Planning and Maintenance a, Sewer Committee 0 Next Committee meeting February 26th, • Report and Study phase services must be emended for additional services. 4. Transportation Planning a. Salt Storage Building • T M waiting for CA, Fink to submit a lien waiver prior to recommending payment of the 5 retainage. Authorize preparation of map, plan and report for Drake Road% RESOLUTION 0742 RESOLUTION AUTHORIZING PREPARATION OF MAP, PLAN AND REPORT FOR DRAKE ROAD SUBDIVISION At a re- scheduled Regular Meeting of the Town Board of the Town of Lansing geld in and for the Town of Lansing at the Lansing Town Hall on the 22nd day of February, 2007, the following members being present: Stephen Farkas, Supervisor, Francis Shattuck, DouNcilperson; Connie Wilcox, ouncilperson; Martin Christopher, Douncilperson; and no members being absent, but Matthew Besemer having recluse himself and having neither participated in the discussion nor voted upon this Resolution; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Donnie Wilcox; and the vote was as follows; Stephen Farkas — afire, Francis Shattuck �- aye, Donnie Wilcox — aye; Martin Christopher � afire; and the following Resolution therefore passed 4 -0r and was duly adopted: WHEREAS, the Developer of the Lansing, has petitioned the Town to District ("CWD ") partially down Drake other residents; and WHEREAS, the Town Board recognii in the Drake Road area and deems and Drake Road Subdivision, in the Town of consider extending the Consolidated Water Road to serve such subdivision and certain !es the long- standing need for reliable water such extension to be in the public interest; WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the map, plan and report { "'IVIRR ") for such special district or extension, and the Town Board having indicated approval to proceed with the preparation of a MPR for the project; and WHEREAS, the cost of the MPR will be paid by the Developer pursuant to a signed Developer's Agreement; and WHEREAS, upon consideration and deliberation upon the same, the Town Beard of the Town of Lansing has hereby Ed 1 RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a MPR for the establishment of the proposed CWD district, extension, or boundary line change for Drake Road; and it is further RESOLVED that the cost of such map, plan and report are authorized in an amount not to exceed $2,000.00; and it is further RESOLVED that, consistent with Town Law § 191 -a, and related provisions of the Town Law and related laws and regulations of the State of New York, this Resolution and the expenditure of such funds approved hereby is not subject to a permissive referendum as no general funds of the Town are being used to pay for or prepare such MPR. Planning Department Report: Darby Kiley handed out the monthly report which stated they are down by 2 permits and also down in project costs by $ 168,100.00. Enforcement Committee: Ms. Kiley stated that her Department discussed a problem with pool permits. Right now a pool permit is good for 90 days and renewable until it is completed. Ms. Kiley's department would like to make a pool permit good for 90 days and renewable up to 1 year. Mr. Krogh will look into making this a Local Law. Salt Point: Darby would like to see an updated Ordinance that would include rules and regulations for Salt Point. Mr. Krogh stated that he would like to see a Local Law that would cover all of the park facilities owned by the Town. Trusses and Storage Containers. Mr. Dave Heck had complained to the Board regarding a storage unit and old trusses that sat at the bottom of Myers Road on Town land. Ms. Kiley and Lynn Day contacted the owner to remove the items. Mr. Heck informed Lynn and Darby that the items have been removed. Storage Containers: Rules and regulations regarding storage containers will be discussed by the Planning Board. They will also decide how to regulate them. Highway Superintendent's Monthly Report: Case Loader: The new Case 821 Loader arrived yesterday. Letter from Gas Company: Mr. French received a letter from a Gas Company that is drilling in North Lansing asking him to sign off on mineral rights for Brooks Hill, Holden Road and Storm Road, Mr. Krogh informed Mr. French that he should not sign this document. He is researching this and will get back to Mr. French with his findings. Cars Parked on Dug Road: K 31 32 Mr. French is having a problem with cars on Dug Road parking on the road and making it impossible to plow. The landowner has been informed and if this continues, he will have to find another place for his tenants to park. Recreation Department's Monthly Report: Mr. Colt handed out the following report to the Board: Parks & Recreation Department 2122107 Town Board Meeting RECREATION • Ski Program update — Under normal conditions Monday February 12th would have been our final trip of the season. Due to unusual weather and holidays we now still have 3 more trips to go. Our final date now is scheduled for Monday March 12th. Hopefully, we will make it that far... • Our Rock Climbing Camp at Cornell concludes this Friday. Two sessions were conducted at the Lindseth climbing wall. It is a unique experience for our kids! • The Spring Football Camp is set to start this Saturday. The program takes place at The Field on Saturday mornings from 8 — 10 AM and runs for 6 Saturdays. Last year was our first try at this in an attempt to generate more numbers for youth football, and it worked very well. • Adult Open Swim is scheduled to start the spring swim session on March 5th This program is open to all and takes place usually in the late mornings 2 to 3 times per week at the high school pool. • LBP Baseball and LSP Softball registration forms have been printed and will go into the schools and be available on Friday March 2"d. Forms are due back to us by March 19th. Practices start mid April and games start May 5th and will run through June. • NEW Web Page (Parks & Recreation Dept.)- Thanks to Dan Veaner our new web page is up and running and is great. We now have the ability to control our own page from our office and we look forward to expanding and developing what we include on the site. Check it out at www.lansingrec.com - . - Mai • Marina project is completed — the west side retaining wall and replacement dock project is finished. Also, the new additional 3 docks have been completed as well. We will have some finish landscaping to do in the spring next to the wall, attach cleats on the docks and we will be ready to go. • Boat slip renewals have been coming in and we will be full by the time the ice melts in the marina. This is the last year of the current 3 year term. Next year we will conduct the lottery for another new 3 years. • Our concession area in Myers Park has been run for the past few years by a couple who have gotten out of the business. We have posted several ads with notification of availability. We have taken some calls and I am meeting with a couple next week. • Summer Concerts — are planned and are all set except for one date. We have several options for the open date and will review the groups before filling the last slot. • Summer Park Personnel — we have already had a meeting regarding summer weekend attendants and schedules. These are the staff that will be at the entrance building and at the boat launch area. n 1 Assessment Review Board; KL Mr. Farkas has received a letter from Tompkins County asking him to get three ( ) volunteers to sit on the Board. Mr, Farkas staters the he was willing to be one of the volunteers. Mr_ Christopher and Carolyn Fabi will be the other two, Training will be held at the Tompkins County Assessment Department on May 2na at g:00 a.m_ The Grievance Day will be held on May 15tht 2007 from 3,00 p,rn. to 6 =00 p,rn. (alternate date will be May 10th) Audit Approval; Resolution 07043 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs_ Wilcox, RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: CONSOLIDATED ABSTRACT DATED 2122/07 AUDITED VOUCHER #° PREPAY VOUCHER #' FUND APPROPRIATIONS ATINS GENERAL FUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEVVER 5 - 180 55-58 # 002 TOTAL j 111111lME WWWAC 991 257, 72 $ 2,485,29 74,851.79 17276,20 TRUST & AGENCY $ 421091.7� SALT POINT PROJECT —NYS GRANT 0,00 Vote of Town Board , . , (Aye) Matt Besemer, Souncilperson Vote of Town Board , . _ (Aye) Martyr Christopher, Douncilperson Vote of Town Board _ .. (Aye) Bud Shattuck, Douncilperson Vote of Town Board . , . (Aye) Connie Wilcox, Councilperson Vote of Town Board _ .. (Aye) Stephen Farkas, Supervisor Approval of Minutes: A copy of the minutes of January 17, 2007, 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 07 =044 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher; RESOLVED, that the minutes of January 17, 2007 are hereby approved as submitted_ Vote of Town Board ... (Aye) Blatt Besemer, UounclIperson Vote of Town Board _ • . (Aye) Marty Christopher, Councilperson Vote of Town Board , . , (Aye) Bud Shattuck, Oouncilperson Vote of Town Board _ .. (Aye) Connie Wilcox, Oouncilperson Vote of Town Board , . _ (Aye) Stephen Farkas, Supervisor Town Counsel Report: Mr. Krogh went over the following resolutions and asked the Board to accept them: Health Insurance Requirements: RESOLUTION 0746 RESOLUTION REGARDING HEALTH INSURANCE REQUIREMENTS AND BENEFITS At a re- scheduled Regular Treating of the Town Board of the Town of Lansing held In and for the Town of Lansing at the Lansing Town Mall on the 22nd day of February, 2007, the following rnembers being present, Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Coundlperson; Martin Christopher, ouncilperson, and Matthew Besemer, Councilpersoni and the fallowing 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 adopted Local Law #2 of 2005 relative to the qualification for and provision of health insurance benefits for employees and elected officials; and WHEREAS, said Local Law expressly authorized the Town Board to amend, into afia, qualifications and coverage's by Resolution of the Town Board, and WHEREAS, due to a change in coverage provided to all Town Employees, the provider now being the Teamsters Health and Hospital Fund, the Town has need to amend such Local Law and its Employee Handbook; and 1WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that the terms of health Handbook are amended, as follows: insurance benefits and the Employee (i) The sub- section of Section 806 entitled "Dornestic Partner Coverage" be and is hereby repealed; and () The sub - section of Section 806 entitled "Premium Payment" be and hereby is repealed and replaced by the following: "All Town Employees, who are not covered by an applicable collective bargaining agreement, stall contribute to the cost of their health insurance premium by paying to the Town an amount each month equal to 2,26 times their hourly wage; and (8) All other changes, as reflected in the Town Employee Handbook, be and hereby are incorporated herein, and based upon Resolutions 06- 141 and 06m173, said changes were and are hereby deemed authorized by Resolution within the meaning of Local Law #2 of 2006, na for Local Law Igo. 1: RESOLUTION 0746 NO 1 1 RESOLUTION ESTABLISHING PUBLIC HEARING FOR LOCAL LAW # 1 OF 2007 (Workplace Violence) At a re- scheduled 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 22nd day of February, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the State of New York has mandated that all municipalities. comply with amendments to the Labor Law commonly known as the Workplace Violence Prevention Act; and WHEREAS, such mandate requires that cer regularly documented and reviewed, and the Law provides the best and most permanent Boards are aware of such requirements; and ain procedures be undertaken and Town has determined that a Local vehicle to ensure that future Town WHEREAS, the Town desires to accomplish some additional ministerial tasks through this Local Law, including the repeal of the now outdated Local Law #2 of 2005 (employee health insurance benefits), and the amendment of Local Law #5 of 2006 (dog licensing fees) to reflect only the Town dog licensing fees; and WHEREAS, said Workplace Violence Local Law proposes to (1) require evaluation of employee risks; (2) provide a written workplace violence prevention program that will list and track known risks, identify employer mitigation plans and methods, such as, but, where warranted, not limited to increased visibility and lighting, additional security locks, drop safes, signage, conflict resolution training, and implement a reporting and management system for aggressive behavior; (3) provide for annual employee training; (4) prohibit aggression in or at the workplace; (5) prohibit any retaliation for reporting incidents of aggression; (6) permit Department of Labor workplace inspections when requested; (7) will implement reporting requirements for incidents of aggression and violence; and (8) will adopt a zero tolerance policy for workplace violence and aggression; and WHEREAS, and upon due deliberation the Town of Lansing has hereby upon the foregoing, the Town Board of 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 21st day of March, 2007, at 6:15 o'clock P.M., to consider the Adoption of Local Law Number 1 of 2007, 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. Final Order — CWDX1: RESOLUTION 0747 7 W 36 RESOLUTION ADOPTING FINAL ORDER ESTABLISHING TOWN OF LANSING CONSOLIDATED WATER DISTRICT EXTENSION 1 At a re- scheduled 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 22nd day of February, 2007, 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, 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 Extension ("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 Resolution Number 07 -33 of January 17, 2007; 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 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 Resolution 07 -33, the Town again 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 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 7 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 Counter 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 NY 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 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, the Town re- noticed a public hearing to apprise the public and the affected residents of the reduced costs of the district; and WHEREAS, by Resolution 07 -33, the Town again conditionally approved the creation of Town of Lansing Consolidated Water District Extension 1, which Resolution was subject to a permissive referendum; and WHEREAS, 30 days has passed and no request for a referendum was filed or received and the Town Clerk has certified the same and has or will promptly file such Certificate with the County Clerk pursuant to Town Law §209 -e; and WHEREAS, upon due deliberation upon the foregoing, and in compliance with Article 12-A of the Town Law, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and {ii} the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of EQRA; and it is further RESOLVED AND SO ORDERED, that the Town of Lansing Consolidated Water District Extension Number 1 be and hereby is approved and established; and it is further RESOLVED AND DETEERMINED, that the boundaries of said District Extension are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of the each and all of following tax parcef numbers, and the assessment map and property descriptions therefore as are on file with the Tompkins County Clerk's Office; 12. -1 -20,2; 12_- 1�20.31; 1 _ -1-2D. 2; 12.-1 - 20,33; 12_ -1 -22; 12. -1 -23,1; 12,41 - 23.21; 12.- 1- 20,22; 12,-1- 23.23; 10, -1 -1; 13.-1- 10,1, 13. -1 -10,2; 1 . -1 -11; 139-1-2; 13.- 1- 3.1;13. -1�36 ; 1 _ -1 -4, 13. -1- .1; 1 .- 1- _2; 13,-1-5,321: 13--l-5,322; 13.- 1- 5.323; 13.1 -5.33; 10,1 -5,34; 13_- 1 -594; 13,- 1-6_ ; 13. -1 -7; 13_ -'l-$; 13.- 1 -9.2; 1 _ "1 -9.3; 13.- -1.'f; 13.- �17; 13_ -2 -1.42; 13.-2- 1 -5, 11- 2'166, 10, 2 -11, 13_ -2`12, 13. -2 -13, 13=2A5; 13. -2-16, 13.-2-291 11- ` g, 1. -2 -21; 1'3,2 -22; 13, -2 -23; 13. -2 -24; 13_ -225; 11m2 -26 -1; 13, -2 -26,2; 13- -2927; 13,- -28.1; 13- -2 -29; 13. -2R3; 13.-2- 30.11; 13, -2- 30,12; 13. -2 -35; 13 - -2 -4; ; 13.-2 - 43; 13. -2 -5; 13,-2-6; 13 - -2 -7; 13. -2 -8; 13. -2 -9; 15. -1 -1,11; 15-- 1 -1.2; 151- 1 -12 -2; 15 -1 -12.3; 15 - -1-; 15. -1- 33.11; 15. -1- 33,12; 15 - -1- 33.13; 151- 1- 33 -14; 15. -1- 33.15; 15 - -1- 33.21; 15. -1- 33.22; 15, -1- 33.23; 15,'1- 33.24; 15-- 1 -5,2; '15,- 1 -7.1; 15.- 1- 7.221; 15. -1 -7 -222; 15.- 18.1; 10-- 18,21; and 15 - -1-822; all as shown on the District Extension Map on file at the Town Olerk's Office, to which reference is hereby made And which map is expressly herein incorporated; and it is further RESOLVED AND 80 ORDERED, that the said District Extension hereinabove referred to shall be constructed as set forth in the order calling a public hearing, at a cost not to exceed $777,200.00, which amount is proposed to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said District Extension, which the Town Board has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and it is further RESOLVED AND ORDERED, that the Town Clerk file a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Resolution and Order- Engineering Service Agreement: RESOLUTION 0748 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TG MILLER FOR ENGINEERING SERVICES FOR CWDX1 At a re- scheduled Regular ]Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Fall on the 22nd day of February, 2007, 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 absento 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 Beserner -afire; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board and Town Counsel have reviewed a proposal for engineering services from TG Miller in relation to construction and related services for the Town of Lansing Consolidated Water District Extension 'I ( "CWDX1'T and WHEREAS, the Town has this date issued its Final Order establishing such District; and WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that, subject to final approval as to the terms and language thereof, the Town Supervisor andlor Deputy Town Supervisor be and hereby are authorized to execute such agreement with TG (Miller by, for and in the name of said CWD1, by the Town of Lansing, agent- Execute Detainer Agreement with Town Bond Counsel. RESOLUTION 0749 RESOLUTION AUTHORIZING EXECUTION OF RETAINER AGREEMENT 10 1 WITH TOWN BOND COUNSEL 0 W, I, At a re- scheduled 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 22nd day of February, 2007, 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 matte by motion of Francis Shattuck, and was duly seconded by Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher � aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town annually appoints bond counsel for various needs and projects; and WHEREAS, pursuant to the Town's Organizational Resolutions, Harris Beach LLP was appointed as the Town's bond counsel; and WHEREAS, in connection with Town improvement projects, such counsel has I ssued a proposal for services, which proposal has been reviewed the by the Board and Town Counsel; and WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that the Town Supervisor and/or Deputy Town Supervisor be and hereby are authorized to execute such agreement with bond counsel by, for and in the name of the Town of Lansing. EQR — City Water Pro'ect: RESOLUTION 07-50 RESOLUTION AUTHORIZING CONCURRENCE TO CITY OF ITHACA DPW BEING LEAD AGENCY FOR SEQRA REVIEW FOR CITY WATER PROJECT At a re- scheduled 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 22nd day of February, 2007, the fallowing 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 Mathew Beserner; 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 City of Ithaca has asked for the Town of Lansing to concur that the City of Cthaca Board of Public Works should be Lean Agency for environmental review of proposed City water projects and project alternatives; and WHEREAS, the Town Board finds that the notice to the Town was inadequate under SEQRA, particularly, but not exclusively, in that: (i) the notice identified projects and separate EAFs discussed only one project each (e-g-, 6 N CRR 617.3(g)),- and (ii) the notice fails to identify the Town of Lansing as an involved agency (e.g., 6 NY RR 617.3 (d) and 617.6); and (iii) the notice fails to identify whether the environmental review is segmented, and if so the basis for and manner of segmentation (e,g,, 6 NY I R 617-3(g)); and (iv) the notice fails to identify any additional Type I thresholds triggered under CEQR , and (v) the notice fails to state the basis of the jurisdiction of the requesting agency and fails to identify the basis upon which the requesting agency believes it is best suited or qualified to be the Lead Agency (e.g., B NYCRR 617,6); and (vi) the 11 40 requesting agency has already male a determination of significance prior to notice to, and any review or comment from, involved and interested agencies, prior to the solicitation of public input or review, and prior to compliance with proper SEORA procedures (e.g., 6 NY RR 617,3, 617.6 and 617.7), and WHEREAS, the Town does not Concur that the City of Ithaca should be Lead Agency for any project involving, directly or indirectly, Bolton Point; and WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that the Town of Lansing does not concur with the designation of the City of Ithaca Board of Public Works as Lead Agency; and. it is further RESOLVED, that the Town of Lansing desires coordinated and/or concurrent review. Municipal Beautification Grant: RESOLUTION 07-51 RESOLUTION AUTHORIZING PARTICIPATION IN AND APPLICATION FOR MUNICIPAL BEAUTIFICATION GRANT At a re- scheduled 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 22nd day of February, 2007, the following members being present; Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Markin 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 — afire; and Matthew Besemer =aye, and the following Resolution therefore passed 6w0, and was duly adopted: WHEREAS, the County has approached the Town about participation in the Municipal Beautification Grant in the amount of $3,000,00, with the Town to provide materials and labor on a matching funds basis, with the County, as the grant administrator, to then reimburse the Town in a qualifying amount up to said $3,000.00; and WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that the Town Supervisor and/or Deputy Town Supervi sor be and hereby are authorized to execute such agreements and documents with the County, by, for and in the name of the Town of Lansing, as they deem in the best interest of the Town, to participate in such grant program. Negative Declaration for Lake Forest: RESOLUTION 07 2 RESOLUTION AUTHORIZING AMENDMENT OF RESOLUTION 06 -280 (NEGATIVE DECLARATION FOR LAKE FOREST} At a re- scheduled 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 22nd day of February, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson, Donnie 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 — afire; and 12 d Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted; WHEREAS, pursuant to a letter from the NYSDE , the Town learned that there was an error in a prior Resolution regarding a Negative Declaration under SEORA, in that the DEC was inadvertently listed as an interested agency, instead of an involved agenCyr and WHEREAS, the DEC also requested a specific reference to required permits, and WHEREAS, the DEC did not object to the underlying determination of no significant environmental impacts, nor request any further review, coordinated or otherwise, such changes are hereby deemed non - material; and WHEREAS, upon due deliberation thereupon, the Town Board has hereby RESOLVED, that Resolution 08 -280 be and hereby is deemed amended by; (i) clarifying that the DEC is an involved agencyo and (ii) referencing that any construction is subject to the proper application for, and issuance of, a water suppler permit and a SPDES General Permit for storm Ater discharges from construction activities; and as so amended, such Resolution is hereby re- affirmed and ratified_ Withdrawal of Comptroller "S Application for CWD 1: RESOLUTION 07 -53 RESOLUTION AUTHORIZING AND ORDERING THE WITHDRAWAL OF COMPTROLLER'S APPLICATION FOR CWDXI At a re- scheduled 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 22nd day of February, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Con nle Wilcox Douncilperson; Martin Christopher, Councilperson; and Matthew Sesemer, Councillperson, and the following members being absent, none, and the fallowing motion for a Resolution was truly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas T 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 Extension (L1C D 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 1 -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 Resolution Number 07-33 of January 17, 2007; and WHEREAS, public hearings were duly held after notice, and the boundaries, expenses, costs, and conditions of C D Extension 1 were formalized and duly fled, together with district formation cost information, with the Town Clerk as w required by la, and interested members of the public were able to examine and comment upon the same, and 13 41 MAEAT 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 Pian, 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 -240, 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 of the proposed Consolidated Water District Extension 1; and (d) it is in the public interest to establish the Consolidated l ater District Extension 1; and WHEREAS, by Resolution 07=33, the Town again determiners 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 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 distract were fully explored by the Town and all potentially affected residents; and WHEREAS, by Resolution 0 -240, 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 resufts of such vote were duly certified; and WHEREAS, a formal application was made to, and duly filed with, the NO'S 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 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, the Town re- noticed a public gearing to apprise the public and the affected residents of the reduced costs of the district; and WHEREAS, by Resolution 07-33, the Town again conditionally approved the creation of Town of Lansing Consolidated Water District Extension 1, which Resolution was subject to a permissive referendum; and 14 WHEREAS, 30 days has passed and no request for a referendum was filed or received; and WHEREAS, the Comptroller has requested a further Resolution withdrawing the application; 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. Quigley and Hicks want to be in Water District: Mr. Krogh stated that Mr. Quigley got a permit to reroute to a closer connection which will bring him into the water district. This was done at his own expense therefore there is no cost to he district. Mr. Hicks is now under contract with the Village of Lansing and would like to be changd to the Town of Lansing's water district. Mr. Hicks will have to give the Village notice of termination. Said termination will become effective at the end of the calendar year which will allow Mr. Hicks to be in the Town's water district effective January 1, 2008. Mr. Shattuck stated that he has discussed this with Mrs. Crandall and that the Town Clerk will inform her to let Mr. Hicks know that he should terminate his connection with the Village. Water Charges: Mr..Shattuck informed the Board that Mrs. Crandall, Mrs. Bowman and Mr. Herrick are looking into the water charges in the Town and finding many. Many mistakes. He stated that this is how Mr. Hicks connection was discovered. Mr. Shattuck would like Mrs. Crandall to give an overview of this at the next regular meeting. Board Reports: Matt Besemer: Subdivision on North Triphammer Road: Mr. Holochuck (the owner /developer of the subdivision) has determined that it will not work out by selling four (4) lots. He has asked the Planning Board if two (2) buildings with five (5) townhouses a piece would be acceptable. It would have to be a PDA. Mr. French stated that the road would not work in regard to plowing. If there is no chance of support, they will not go any further. The Board had some concerns but will discuss it at a later date. Road in N. Triphammer Road Subdivision: Mr. Besemer stated that Mr. Tim Buhl, the Engineer for Mr. John O'Conner's subdivision approached him and asked him who will be responsible for building the road to North Triphammer. Mr. Besemer told him that it would not be the Town and it will not be Michaleen's. Mr. Shattuck stated that he has to have a secondary access. A temporary access road was discussed but the Board was not in favor of a temporary private access road. Town's Mail Box on Auburn Road: Mr. Besemer talked to Mike Lunger and he stated that the Post Office will not move the mail box into a driveway. He stated that the Buffalo office is really cracking down. He told Mr. Besemer that he could have everything sent to the post office box even if it has an address of 29 Auburn Road. No decision was made at this time. 15 44 Town Board /Planning Board Joint Meeting: Mr. Shattuck stated that the Town Board and Planning Board had a joint meeting last fall and hired the County to expedite things going forward. He stated that he had called Joan (at the County office) last Wednesday but had not yet received a call back. Mr. Besemer stated that this has only dragged things out and nothing has been done. Mrs. Wilcox stated that herself and Darby have both e- mailed her a couple of times and have heard nothing. Nancy Loncto offered to have the Planning Board do this the second meeting of the month at their working meetings. Mr. Besemer e- mailed her in November but has only heard that her e-mail was not working. Ms. Kiley said the Planning Board is working on a couple of issues at the moment and hopefully will soon bring them to the Town Board. Marty Christopher: Library: Mr. Christophei through today and get at this point, they lack Wednesday. Bud was Miller telling them that opening next week. Connie Wilcox: Housing Authority: Baker, stated that the Library was suppose to have their walk - their Certificate of Compliance tomorrow. Bud stated that signage. The grand re- opening will be held next hoping someone will talk to Marlaine Darfler or Kathy they need to get this done or there will be no grand They are moving forward with a memorial garden in memory of Bob Fire Department: They are working on an emergency response plan for the County. Census Seminar: Connie and Marty will attend a seminar next Wednesday regarding the 2010 census. Bud Shattuck: Nothing at this time. Steve Farkas: Red Jacket Pony Club: Mr. Farkas has received a request from the Red Jacket Pony Club to use the Town's sign to advertise their Chicken BBQ and bake sale. After a discussion the Board decided not to allow this as it would set precedence. Resolution 07 — 054 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: 16 RESOLVED, that the Regular Board Meeting be adjourned to go into Executive Session at 8:24 p.m. to discuss personnel matters and a possible litigation matter. 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 07- 055 RESOLUTION offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated at 8:44 p.m, and the Regular Meeting be reconvened. 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 07 — 056 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular meeting is hereby adjourned at the call of the Supervisor at 8:50 p.m. Vote Vote of of Town Town Board . Board . Vote of Town Board . Vote Vote of of Town Town Board. Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Minutes taken and executed by the Town Clerk. �r `rA 45