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HomeMy WebLinkAbout2007-05-16REGULAR ULA BOARD MEETIN Date: May 16, 2007 Time: 8:00 p.m. Place: Lansing Town Hall Board Room 7 , Call Meeting to order 2, Roll Call 3, Pledge of Allegiance 4, Public Hearing: DWD Ext. No. 2 (6:65 prn) 5. Public Hearing: review of Annual 3tormater Report (8:10 pm) . Privilege of the Floor: Anyone wishing to approach the Boards 74 Engineer's Deport 8, Highway Superintendent's Report 9, Planning Department Report 10, Recreation Department Report 11. Approve Audit 12, Approve Minutes of April 18"' and May 4, 2007 13, Any other business that may carne before the Board 14. Town Counsel Report 18, Board Member Reports 16. Executive Session if needed 17. Adjourn meeting 109 MAY 16, 2007 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p_m - with Supervisor Farkas presiding, Visitors: Dave derrick, Jack French, Darby Riley, Steve Colt, Brian Siddell, Randi -Lyn Randall, Tom Besemer, Scott Pinney, Linda Sobaffel, Robin Presthus, Aurora McMillen, Dawn Kleeschulte, Isabel Baraldua, Kristen Sherman, Michael McDermott, Brian Flannigan, John Bailey, Emily Powers, Ron Seacord, Mr. and Mrs. Roger Hagin and a couple of other residents. fall. The Supervisor called the meeting to order and had the clerk take the Roll' BOLL CALL Stephen Farkas Supervisor Present Matt Besemer Councillperson Present Marty Christopher Councii1person Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guar Krogh Town Attorney Present The Supervisor led all present in the Pledge of Allegiance, Open Public Hearing on Pro osed Vhf Ext. RESOLUTION 07 — 96 RESOLUTION, OLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposers CWD E t, 2 is hereby opened at 6:06 p.m, Mote of Town Board . , , (Aye) Matt Besemer, Councilperson Vote of Town Board , .. (Aye) Marty Christopher, Coundiperson Vote of Town Board . , . (Aye) Bud Shattuck, Councilperson Vote of Town Board , _ , (Aye) Connie V1fiJco , Councilperson Vote of Town Board _ , . (Aye) Stephen Farkas, Supervisor Mr, Herrick asked if anyone in the audience was from the Drake load area and if so, if they had any questions, He then stated the Town Board needed to confirm that the Tompkins County Health Department agrees that the proposed water extension will support the proposed 19 lot subdivision. The Town Board did not want to hold up the process any longer. Mr, Tom Beserner felt ail the questions the Health Department had were answered except for Lot 10. Mr, Herrick stated that if the total EDU's changed in any way the project would most likely go over the Comptroller's threshold. Mr_ Kroger recommended that the Public Hearing be continued and not closed at this time, Continue Public Hearing on SE R review for Pronasprt cwr, Pot ip RESOLUTION 07 -97 RESOLUTION, offered by Mr_ Shattuck and seconded by Mr. Christopher. RESOLVED, that the Public Hearing on the SEQR review for proposed CWD, Ext_ 2 is hereby continued until June 1, 2907 at 9 :00 a-m. 1 111 1.12 Vote of Town Board . _ . (Aye) Blatt Besemer, Councilperson Vote of Town Board , . , (Aye) Marty Christopher, Coup ilperson Vote of Town Board _ _ , (Aye) Bud Shattuck, Councilperson Vote of Town Board .. , (Aye) Connie Wilcox, Councilperson Vote of Town Board _ _ . (Aye) Stephen Farkas, Supervisor Open Public Hearing on review of Annual Storrnwater Report: RESOLUTION 47 =98 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr, Besemer; RESOLVED, that the Public Hearing on the Review of the annua Storm water report is hereby Town opened at 6118 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, Coun ilperson Vote of Town Board , . , (Aye) Connie Wilcox, Councilperson Vote of Town Board . _ . (Aye) Stephen Farkas, Supervisor Darby Kiley stated that she has a 00 page annual report for anyone who would like to read it. This report will be submitted to the DEC by their deadline of June 1, 2007. We are now at the end of year 4 of a 5 year permit period_ The DEC has started to provide comments which have been useful to her, Scott Pinney asked Ms. Kiley why the Town dick not have hay bales or silt fence on the exposed two +/. acres of soil at Salt Point, He stated that 4t is unfortunate that the Town is letting silt flow into Salmon Creek. Mr. Shattuck stated that the Town Board will hold a meeting to discuss this and he will get back to Mr. Pinney with the out come. RESOLUTION 07-19 RESOLUTION, offered by Mr. Shattuck and seconded by Mr_ Christopher: RESOLVED, that the Public Hearing on the annual Stormater report is hereby closed at 8:24 p.m, Vote of Town Board, Vote of Town Board . Vote of Town Sward , Mote 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 Approve 2007 Annual Stormwater Deport: RESOLUTION 07.100 RESOLUTION APPROVING 2007 ANNUAL STORM WATER REPORT 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 16th day of May, 2007, the following members being present, Stephen Farkas, Supervisor; Francis Shattuck, Councilperson, Connie Wilcox, Councilperson; Martin Christopher, Courrcilperson; 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 VV11cox — aye; Martin Christopher � aye; Matthew 0 113 Besemer - aye, and the following Resolution therefore }gassed 5 -0, and was duly adopted- 1HERAS, the Town's Annual Stormwater Report is prepared and due for the required annual review pursuant to Local and State laws and related regulations, and WHEREAS, a copy thereof is or will be timely filed in the Office of the Town Clerk for public review; and WHEREAS, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New Fork, being in the Town of Lansing, on the 16th day of May, 2007; at 6:10 o'clock P.M'o to consider the Annual Storrnwater Report, and all persons interested in the subject thereof were duly heard, and a summary and review thereof was duly had, and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the 2007 Annual Stormwater Deport be and hereby is approved, and once placed into its final form for submission to NYSUEC by the Town's Environmental Planner, said report may be signed and certified by the Town Supervisor or Deputy Town Supervisor, by, for, on behalf of and in the name of the Town of Lansing, and the same shall be duly filed with the NYDE. SEQRA: Type II Privilege of the Floor: Scott Pinney: Mr. Pinney stated that he attended a ZBA meeting last might that the Town Board requested he attend through a letter from Dick Platt. He was told to ask for a variance for an expansion for his business on North Triphammer Road_ He stated that Mr. Platt has never explained what the expansion is. He stated that the BA Board has asked Mr. Platt to attend a few of meetings which he has not attended, He felt he should know why the Zoning Office feels there is an expansion and they should explain it in detail. Bud did not feel there was a need for Mr. Platt to attend last nights meeting, Mr. Krogh stated that Mr_ Platt chi t d submit a statement by Mr_ Steve Varga (prier owner) as to the scope of his prior use to the ZBA as well as aerial photos of before and after the acquisition of the property. The photos were highlighted to show the areas of expansion. Mr_ Shattuck stated that once the Code Officer makes his determination, it is set. After which, it can be appealed within 60 days, which has passed. Nlr, Pinney could then ask for a variance, which he is now doing. Mr_ Shattuck stated that there are two separate issues here_ One being the ZBA , where he applies for a variance and the other is the legal issue of the appeal which Mr. Pinney slid not partake in within the allowed 60 days. Mr. Pinney stated that Mr, Platt has been asked by the Town Attorney and the BA Board to attend the meetings to answer questions which he has not done. Mr, Shattuck did not feel it was necessary to have Mr_ Platt present, Brian Siddall — 1879 East Shore Drive: Mr. Siddell was present to discuss John Young's parcel on East Shore Drive, He stated that Mr. Young was turned down twice with a request to put in soccer fields. He said Mr. young has put these fields in anyway. Mr. Platt refuses to issue him a citation as he stated that Mr, Platt informed him that it is residential use and it falls under the prevue. He has also put in an improved road_ ki 114 He stated that there are 30 to 40 cars going in and out on week nights and that on weekends, cars actually have to stop corning around 34 due to the amount of traffic_ He stated that the DEC won't do anything about it until there is an accident. He stated that Mr, Platt yelled at him and that It was frustrating dealing with him. Mr. Platt informed him that it was fair use for the R2 district, Mr. Shattuck informed Mr. Siddall that if anyone ever has a problem with a Town Employee, they should contact their Supervisor first_ Mr, Shattuck also stated that he will look into the Mass Gathering Local Law, This is the only complaint the Board has received on this property. This is Mr. young's private property_ Mr, Shattuck stated that this community values the children and their sports programs, It was stated that under the present zoning law, the definition of indoor and outdoor recreation is not clear_ Mr. Krogh informed Mr_ Platt, that unless the Town could prove a violation, there is nothing to charge Mr. young with, Mr. Siddall has information from the internet stating that this is more than a normal playground_ Mr. Christopher was concerned about the intersection and traffic problem. This will be reviewed by the Town Board- Cornell Cooperative Extension — Lansing Youth Services: Linda Schoffel introduced Robin Presthus, Michael McDermott, Brian Flannigan, Kristen Sherman and Aurora McMillen. All of the children gave presentations on their experiences with the programs, Mr. Farkas stated that he personally supports the program and that they do a wonderful job with the kids, John Bailey — Insurance Agent for the Town: Mr, Bailey went over the renewal proposal from the New `Fork State Municipal insurance Reciprocal (NYMIR), The policy renewal date is June 9 , 2007_ Ron Seacord — Lansing Commons Subdivision: Mr_ Seacord stated that, at the last meeting, the Town Board asked him to look into transportation corporations in the area_ Mr_ Seacord found only one private one which is at Greek Peak. The Town Board did not feel the financial park of this would be a Town concern as Mr. Seacord will put Up a Bond_ Mr. Herrick stated that he is not worried about the treatment system as it will be designed to satisfy DEC. Tompkins County Health Department will also get a look at it, Mr_ Krogh stated that the Town Board could create a PDA by Local Laver that outlines terms and conditions of the PDA_ The other would be to create an improvement district that lies underneath the transportation corporation. After sorrt•e discussion, the Board recommended that Mr. Seacord get on the agenda to start the PDA process with the Planning Board. Emily Powers — Cornell University; Ms- Kiley introduced Emily Powers to the Board, Ms. Powers, a Cornell student, has been working on a planting plan project at Salt Point . She went through a slide show with the Board and showed how the area could look in a few years, At a later point, it was thought that maybe people would donate andlor sponsor plants, etc. to the project_ Dave Herrick — Engineer's Report: ■ ■ ■ a ■ ■ M ■ o M o ■ ■ ■ E ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 0 ■ ■ ■ ■ ■ r ■ ■ r s ■ e ■ ■ ■ a ■ ■ ■ ■ ■ ■ s ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ s ■ ■ ■ M Fil Mr. Herrick presented the following agenda and went over it with the Board- ENGINEER'S AGENDA 1, Water System Planning and Maintenance a. Town CVI Extension #2 - Drake Road * Continue review Of draft Engineer "s Report with landowners, if necessary, ■ Discuss T HD letter and impact to district formation process_ Lead Agency concurrence for SEAR received from T HD and NYSDOT_ b. Town CWU, Ext #1 — Algerine Road + Aerial photography has been completed and topographic mapping is in process_ ■ Tasks to be completed in the next two weeks; Photos along proposed route for subrnissior) to SHPO Complete NYSDEC VVater Supply Application o Select main route across vacant lands and identify landowners to contact regarding easements Update original 2005 cost estimate with current unit pricing c_ Town CVVD Boundary Expansion - Quigley + Brief flap, Plan and Report wilt be presented at the ,tune 2014 Board Meeting, d. Town CVVD Schedule 6 (EDU Uetermination) • The Schedule B rll require some Board modifications to address special and multi -ease properties, in addition to clarifying existing definitions. A draft document will be prepared for ,dune 0 "' to allow for a public hearing in July. . Storm aster Planning and Maintenance a_ Drainage District #3, 0(t0n00d Subdivision • Discuss the Engineer's Report for the proposed drainage district and continue with formation process after Fes 01ving the septic system issue with the THE). b. Drainage District 4, Cayuga Way Subdivision ■ The developer is expecting to dedicate the storm water management facility to the Town, thus requiring the establishment of a drainage benefit district. An E=ngineer's Map, Plan and Report will be necessary for consideration at a public hearing. It is advisable to wait for TCHD confirmation of the lot configuration prior to authorizing this work, 3, unitary Sower System Planning and Mainteriance a_ Sevver Committee * Next Committee meeting May 23rd_ Jack French — Hi hwaa u erintendent's R( 0 0 0 0! 0 0. 0 0. Y■ 0 0 0 0. 0 0 0 ... a 0 0 0 0. 0 a* .. a 0 Y. ■■ Parking Lot Re avin Mr, French presented the Board with a quote to crack seal, then to seal everything back up and reline the parking lot at the Town Flail_ This quote included the parking lot at the Community Center, the Town Hall and the ball park lot. The amount of the quote was 6,800.00. Mr_ French stated that had discussed this with Mrs_ Bowman and she suggested they do half this year and the other half next gear. He stated that the cost will go up next year, if we wait. A 115 X16 Also, more damage will occur if it goes through another winter. Mr. French stated that the Town Half parking lot was in the worse shape, He will get a couple more quotes and get back to the Board with them. Brush and Limb Pickup: The whole Town (185 miles) was completed in 3 days at a cost of 25,769.00 and the Village was completed in 1 day at a cost of 7P500, 00, Drainage PipeslDulverts- Culvert pipes are being installed on the upper part of Wilson Road, Finished up two cross culvert projects, one on East Lake and one ort Reach Run, Water Main Break: Another water main break occurred on East Shore Drive across from Asbury Road. This makes 7 breaks in the past two years in this area_ ,lack, Dave Herrick and Cricket will discuss this and come Up with a solution- Log Cabin: Mr. Shattuck informed Jack that the log cabin i tagged and read} to be moved, Jack will get to ft when he gets a chance- Darby # iNe — Planning Department Report: Darby discussed the following with the Board: Stormwater Annual Report, Darby stated that under the NYS Department of Environmental Conservation Phrase II Storrnater State Pollutant Discharge Elirination System (PDE) permit requirements for small municipal separate storm sewers, the Town of Lansing is•regitired to develop, implement, and enforce a storm water management program designed to reduce the discharge of pollutants from Town- owned storm sewer systems, The annual report describes the Town's progress in implementing this program, The prograrn includes six minimum control measures which are: Public Education and Outreach; Public InvolvementfPartrcipaticn; Illicit Discharge Detection and Elimination; Construction Site Storrnater Runoff Control; Post Construction Stormwater Management; and Pollution Prevention/ Good Housekeeping for Municipal Operations, This is the end of year 4 of 5 gears for the permit period. DEC has provided comments on the previous gear's annual report and that information has been usefuL As we have been discussing in recent meetings, the Town needs to adopt a local law for Illicit Discharge Detection and Elimination. The State has provided a Model that will be useful. Guy and Darby will move that forward, The State has also made progress on other Guidance Materials, The annual report will be submitted to DEC by June 1. The document is available in the Planning Department Office, DURING PRIVILEGE OF THE FLOOR: Salt Point Presentation Emily Powers is a Landscape Architecture Student at Cornell. For a special project, she worked with Tom Whitlow (Horticulture Department) to prepare a set of plans for revegetating Salt Point, Emily is in the final stages of the {project and will provide copies of the completed plans to the town. N Planning Department Deport Building permits are up for the month of April, but still fewer for the year compared to 20060 117 The Planning Department would like to increase Electrical Inspection Fees to match those of the Village of Lansing. Originally, the Village adopted the Town's schedule but eventually increased the rates- As a ccomparison, the Town of Dryden allows third party agencies to perform inspections, so there is no fee schedule. The Town of Groton is also planning to increase rates to match the Village of Lansing- Darby will double check if the Village does plan another increase in the foreseeable future. The Storm water CoaJitlon adopted bylaws at a meeting today. Bud asked if they discussed the use of the annual fees- Darby answered that only the municipalities will have voting rights for fee uses. Local Law No. 2 = Public Hearin RESOLUTION 07401 RESOLUTION ESTABLISHING PUBLIC HEARING FOR LOCAL LAW # 2 OF 2007 (Town Parks and Recreation Area Rules and Regulations) At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town at Lansing at the Lansing Town Hall on 16th day of flay, 2007, the following members being present: Stephen Farkas Supervisor; Francis Shattuck, Councilperson, Connie Wilcox, Councilperson; Martin Christopher, ouncilperson; and Matthew Beserner, ouncilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Matthew Besemer, and was duly seconded by Donnie Wilcox; and the vote was as follows: Stephen Farkas - aye; Francis Shattuck = aye; Connie Wilco — aye, Martin Christopher — afire; Matthew Besemer - aye; and the fallowing Resolution therefore passed 5 -0, and was duly adopted; WHEREAS, the Town has determined that the preservation of Town Parks, open areas, recreational fields, Salmon Creek (and other waterways and watercourses) , and the shore lInes of Cayuga Lake is of pararnount importance to the residents of the Town of Lansing as these properties benefit the Town by providing unique ecologicaJ characteristics and recreational opportunities. Thus, any damage or destruction to these areas and any improper or dangerous conduct will weaken these benefits and pose a danger tc the health, safety and welfare of Town residents; and WHEREAS, the Town has been developing, since the licensing of Salt Point from the N S DEC (which required the adoption of a management plan and park rules), uniform rules for all Town parks and recreation areas, and WHEREAS, said Parks and Recreation Local Law proposes to (1) repeal Local Law #3 of 2004 (relating to Park user fees), () set forth definitions for Parks, events, objects, persons, and prohibited behaviors in Town Parks, (0) to Proscribe and/or regulate certain conduct in Town larks, including, but not limited to, unlawful entry, trespass, parking, housing, compliance with orders of police officers, disorderly behavior, solicitation, use cf park properties, public lewdness, loitering for illegal purposes, unreasonable noise, commercial activities, signage, driving and passage of vehicles and bicycles, s immi -ngr construction, excavation, defacement, graffiti, hunting, fishing, weapons and explosives, camping, open and contained fires, gambling, games and toys, animals, aircraft, sales and hawking, alcohol and controlled substances, special 7 ME r events, and mass gatherings, among others, (4) establish park user fees, (5) permit the Parks and Recreation Department to set fees annually, (B) establish special rules for individual parks and recreation areas, (7) empower certain persons to enact additional rules and regulations, enforce the Local Law, designate park rases and areas, close parks and recreation areas for cause, and issue permits and variances, (8) provide for permit and variance procedures, and related hearing and appeals processes, (9) set forth civil and criminal penalties for violations of this Local Law, including monetary fines and imprisonment, (10) provide for limited Ilabilityr for the Town, (11) provide procedures to amend and preserve this Local Law, and (1 2) provide for an effective date hereof; and WHEREAS, and 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, 9 Auburn Road, Lansing, New `fork, being in the Town of Lansing, on the 4rn days of ,dune, 2007, at 6;05 o'clock P.K, to consider the Adoption of Local Law Number 2 of 2007, and to hear all persons interested in the subject thereof, and to take such action thereon as i 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 past a cop} thereof on the Town signboard maintained by the Town Clerk, in accord With law, EQRA: Type II Lansing Recreation Department Report: Mr. Colt went over the following report. Parks Recreation 5116/07 Town Board Meeting I Our ba,s &;311 and softball prograrns are in "full swing" with games taking place here irxd at the Town B a ( n Fields 4 nights per week plus some leagues play Sati,irday morning too. The playing fields have rvnver been letter and not only look gFeat but ara also safe_ Proper field ma intenance and prep last fall have paid off! The "Surnmer Program Bookiete has only beer, out for a li#tle over a week and currently we have over 300 registrations ire. A flew of the pro rarrrs are already lull and closed cut, Over 40 different choices are being offered in the drnmeG Program booklet between ou3- usual prograrns and the pregrains being offered by youth w errices, Seeo.son pusses for the ,0 r -`08 season are around 80 in number sold with another week rerana11)Jn to take advaritage of early pricing, PARKS 1P Camp In ire Myers Park is set to open for the seeson this ThUF5d;SY May 17' Many reservations have already b ®;n taken with Memorial Day weekend being sold out. 0 Admission and boat launching fees will start as of this weekend. Season beat launch permits will be, offered again this sc <ason. As of today, we do not have a definite person or persons to run the Concession stand this season. I have ernlailed �a person about this morning about the possibilities but nothing is solid yet, New signage regarding "Leash Law" requirements have been delivered and posted in the Park, o A "Bandstand" meeting was held in the Pa* last week to coni°irn4 the placernent of the bandstand and to discuss more of the details. Plans are moving forward with construction now Approve Audit: RESOLUTION 07 —102 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 # 005 DATED 5/16/07 AUDITED VOUCHER #'s 379-499 PREPAY VOUCHER #'s 379 - 385 AUDITED TA VOUCHER #'s 22 - 29 PREPAY TA VOUCHER #'s 22 - 24 FUND APPROPRIATIONS GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY SALT POINT PROJECT — NYS GRANT Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . TOTAL $ 99, 397.98 $ 1314,12 $ 89 021.28 $ 33,446.34 (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson M E 119 120 Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approve Minutes of April 181h and May 4th, 2007: A copy of the minutes of April 18th and May 4"', having been given to the Board Members beforehand, the Supervisor asked for a motion to make changes or to accept the same as submitted. RESOLUTION 07 - 103 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of April 18th and May 0, 2007 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 Local Law No. 3 — Public Hearing: RESOLUTION 07 -104 RESOLUTION ESTABLISHING PUBLIC HEARING FOR LOCAL LAW # 3 OF 2007 (Swimming Pools) 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 16th day of May, 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing believes that many non - compliant swimming pools exist within the Town because the Building Codes allow construction permit renewals that can create a situation where the pool is under permit to be built, but also in use, even though compliance with the Building Codes does not yet exist or is not yet required; and WHEREAS, this situation poses a threat to the safety and health of residents of the Town of Lansing, and particularly to children in proximity to such swimming pools; and WHEREAS, said Local Law proposes to (1) define certain terms, including "Swimming Pool" (vessel contained water having a depth over 18" or an area exceeding 150 square feet), (2) require building permits for pools consistent with the NYS building and fire codes, (3) make such permits renewable for successive periods of time not to exceed 3 months per permit, with no more than 3 renewals of any permit, and completion being required within 12 months of the date of issuance of the first permit therefore, (4) require the issuance of Certificates of Occupancy or Certificate of Compliances, as applicable, (5) require the filling in or removal of any swimming pool for a failure to comply with the Local Law, (6) permit the setting of fees for permits and renewals, (7) provide inspection and enforcement powers, (8) provide for civil and criminal penalties and fines for 10 121 violations, and (8) provide certain powers and protections to and for the Town; and WHEREAS, and 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 June, 2007, at 6:10 o'clock P.M., to consider the Adoption of Local Law Number 3 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 York, is hereby authorized and directed published in the official newspaper of i copy thereof on the Town signboard n with law. SEQRA: Type II Town Counsel's Report: Town of Lansing, Tompkins County, New to cause a copy of this Resolution to be he Town of Lansing, and also to post a iaintained by the Town Clerk, in accord State Land across the road from the Town Hall• Mr. Krogh informed the Board that there is a recreation only deed restriction on this property. A State Law was passed in 1993 giving us this land only for Town Hall purposes, recreational use purposes and civic center purposes. He felt if we signed an oil and gas lease, we would be in violation and the title could then automatically revert back to the State. Guy will look into this matter to see what our choices may be. BOARD MEMBER REPORTS: Matt Besemer: Cayuga Medical Center: Mr. Besemer attended the annual meeting in April and stated that Cayuga Medical Center has set up a partnership with Strong Memorial to better increase our cardiac care locally by using shared resources. Duel Meeting with Planning Board: This meeting will take place on June 4th at 6:00 p.m. in the library. 134 Unit Condo North Triphammer Road: Mr. Besemer asked for feed back regarding this proposed plan from the Board Members. Mr. Shattuck stated that the developer's Engineer stated that the right of way to have a new road built on property that runs between Michaleen's and the old Davis farm was taken care of. Mr. Krogh stated that the Town did accept the dedication of a right -of -way for that easement and had expressed a continuing desire that the connection be made into that subdivision at that point so there would be a single intersection where Hillcrest comes in as opposed to excess curb cuts in a busy county highway. The developer's engineer told the Planning Board they would give a right -of -way to get back to the farther back property but they don't plan to put a road there. Mr. Krogh stated that the position they will take legally is that generally you cannot condition approval of a subdivision based upon a need for a developer to make extra territorial improvements. 11 122 Mr. Shattuck stated that the engineer stated the houses would be between 1,200 and 1,400 square feet and would start at $250,000.00. The developer felt this was affordable housing. Marty Christopher: Technology Committee: All matters are in order so far. All Town Employees now have their own emails. Steve Loncto also has a mail box in the building so if anyone has a problem, they can leave him a work sheet. Connie Wilcox. Magistrate Meeting: Mrs. Wilcox attended a meeting last Saturday where Judge Judith Shea spoke. Changes in the court will be: 1. There is now a full time legal attorney that the Clerk's can call and get help with. 2. No change in the local obligations but there will be more resources to help out the Town and Village Courts. 3. Upon written request for any Court, a security audit will be done at no cost. This is only advisory in nature. 4. All Courts will now be Courts of record. 5. Grants for equipment upgrades will be offered. 6. Digital tape recorders will soon be provided to all Courts from the State. 7. Will be a new level of financial oversight. Mr. Shattuck stated that many small Town Courts may be looking into metal detectors. Town's will budget as usual for their Courts, there will be no major changes. Tompkins County Housinq Strategy: Mrs. Wilcox stated that Tompkins County has released the latest draft in the housing strategy. They hope to have all endorsements needed by the end of July. This will be discussed further at a later date. Bud Shattuck: Nothing for the Regular Meeting at this time. Has a personnel matter for Executive Session. Executive Session: RESOLUTION 07 — 105 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel matter at 9:18 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 Out of Executive Session: 12 RESOLUTION 07 — 106 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:32 p.m. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson ... (Aye) Bud Shattuck, Councilperson ... (Aye) Connie Wilcox, Councilperson ... (Aye) Stephen Farkas, Supervisor RESOLUTION 07 —107 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 9:34 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Minutes taken and executed by the Town Clerk. 13 123