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HomeMy WebLinkAbout2007-11-145 REGULAR TOWN BOARD MEETIN Date: November 14, 2007 Time: 6:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call A, eeting to Order 2, Roll Call 3. Pledge of Allegiance 4. Privilege of the Floor: Anyone Wishing to approach the Board 51 Engineei's Deport Planning Departments Deport 71 Highway Sup erintendenfs Report Recreation Departmenes Report Approve Audit 10, Approve Minutes of November y, 2007 11+ Any other business to come before the Board 1Z Torn Counsels Report 1. Board Member Reports 14, Executive Session if Needed 15. Adjourn Meeting November 14, 2007 The Town Board of the Town of Lansing met in Regular Session at the 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 Nutt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present ouncilperson Present ouncilperson Present ouncilperson Present ouncilperson Present Town Clerk Present Town Attorney Present Visitors; Dave Herrick, Jack French, Darby Kiley, Steve Dolt, Scott Pinney, Michele Robinson, Dave Buck, Scott Ferris, Greg and Jesse Bush, Roger and Marilyn Hagin and Dan Veaner. The Supervisor led all present in the Pledge of Allegiance, Privilege of the Floor: Dave Herrick was absent so Mr. Shattuck went over his agenda he dropped off before the meeting. The agenda was presented as follows: ENG I NEERFS AGENDA 1. later System Planning and Maintenance a. Town CWD, Extension 42 — brake Road The final design documents (plans and specifications) have been submitted to the TCHD and Balton Point for review and aPprvval. + Using the average bid results for C1 D, Extension #1 the project cost is $169,340 and is still within the original budget_ • Dates for advertising and bid opening will have to be set, b_ Town CVVD, Et #1 Algerine and Lansing Station Road • Bids were received on 10125 from ten contractors_ The apparent successful bidder is Adhan Piping Company of Cortland, See the bid tabulation. • Review Notice of Award letter and consider resolution to accept the bid_ • The alternate for the storm sewer betterment is not being recommended, • Adopt resolution to complete the filing obligations for Ag&Mkts. NYDDH has completed the review and is reader to approve the plans and specifications pending receipt of the NYSIDEC Water Suppler Permit. Tasks to be completed during the next two weeks. Z:tp Follow up with NYSDEC on issuance of water supply permit. Finalize easement agreement with landowner at #47 Algerine Road, Schedule Pre - Construction Conference for week of December 3`d. Move forward with short -term loan closing with EF, C. Town C D Boundary Expansion = Robinson + review documentation and set public hearing dates for SEAR and district extension_ 1 lid 7 ' �d. s X97 d, Town CVVD Boundary Expansion � Myers Heights Rear Road # Will Initiate work on the flap, Plan and Deport following receipt of a `legal' agreement for utilizing the lands of Soles. term Sewer Planning and Maintenance a. Lake Forest Subdivision (Drainage DFsteict *4) • Have re- Fnspected alterations and repairs to the storm water management pond and find the facility suitable for dedication to Drainage District #4 * Map, Plan and Deport for the district will be presented at the December 19th meeting_ 3. Sanitary Sewer System Planning and Maintenance b, Warren Road Business Park * Discuss progress with TOAD, Transonic and Lucente, The following resolutions were approved in regard to fair_ Herrick's agenda: iartifying Comolliance with Ag and Markets: RESOLUTION 07-231 RESOLUTION CERTIFYING COMPLIANCE WITH A M 0(4) REGARDING CWD EXTENSION 1 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 Hell on the 14th day of November, 2007, the following members being present, Stephen Farkas, Supervisor; Francis Shattuck, Douncilperson; Connie Wilcox, ouncilperson; Martin Christopher, Douncilperson, and Matthew Besemer, ouncilperson; and the following members being absent: none, and the fallowing 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 -4, and was duly adopted; WHEREAS, the Town of Lansing has completed all required preliminary steps for the Environmental Facilities Corporation and all required steps required by the Town Lava and the Local Finance Law to create and obtain funding for the extension of the Consolidated Water District to Extension 1; and WHEREAS, the NYS Department of Agriculture and Markets issued its determination upon the Town's Final Notice of Intent relative to the construction of CVVD Extension 1; and WHEREAS, pursuant to A &M 5305(4), the Town must certify to the First Deputy Commissioner, Department of Agriculture and Markets, at least 10 days prior to advancing any construction funds, that certain requirements will be met and that, to the extent practicable, adverse agricultural impacts revealed in the Notice of Intent process have been minimized or avoided, with the reasons for such certification and determination being set forth; and WHERF.AlS, upon due deliberation there upon, and this Resolution being intended as such certification, it is hereby RESOLVED, that the Town Board of the Town of Lansing certifies, and authorizes the Town Supervisor and /or Deputy Supervisor to so certify5 by, in the name of, and on behalf of the Town of Lansing, that: 1 The Final Notice of Intent specified that the soils in the area were suitable for general field crops; 298 t () The Final Notice of Intent specified that there were no "Viable Farm Areas" based upon the Agricultural Viability Map, which shows the affected areas as "Obsolete Farm Areas" and "Non -Farm Areas "; (3) The Final Notice of Intent specified that there would be no long term impacts upon farming viability as (i) the construction disturbance would be temporary in nature and constructed mainly within existing highway rights -of -way, and iii} no service laterals would be extended into designated Agricultural District lands, and (iii) the EDU cost formula does not penalize vacant farmland; (4) The Final Notice of Intent concluded that there were no physical adverse impacts upon farm enterprises and that non -farm development would not be encouraged as there is no mandatory hook -up for farms as would encourage subdivision, and as the rernaining non4arrn acreage is already residential, and where not residential, it is scrub and brush lots and woodlands; and (5) The Town Board of the Town of Lansing accordingly finds that impacts are minimal to non - existent, but to the extent they exist, they are mitigated by the items referenced in (1) through (4) above, Bid Authorization; RESOLUTION! 07 -232 RESOLUTION AUTHORIZING ISSUANCE OF NOTICE OF AWARD FOR CONSTRUCTION OF CONSOLIDATED WATER DISTRICT, EXTENSION 1 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Mall on the 14th day of November, 2007; the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Markin Christopher, Councilperson; and Matthew Besemer, Courrcilperson, and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duty seconded by Matthew Besemer; 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 5 -0, and was duly adopted; WHEREAS, the Town of Lansing has completed all required preliminary steps for the Environmental Facilities Corporation and all required steps required by the Town Lava and the Local Finance Law to create and obtain funding for the extension of the water district to Extension 1; and WHEREAS, the construction on the proposed district improvements required that the work be put to public bid, both under N1 S regulations and the General Municipal Law; and WHEREAS, a RFP was duly issued and bid opened, and the Town Engineer, in conjunction Officers, examined all bids and bidders for gUalilFcation and proposals were duly publicly with other Town Officials and bid compliance and bidder WHEREAS, the bids required bidding upon certain options, and as a result of the bid and Kidder analyses, the Town Engineer has made a formal recommendation that the low bid of ADHAN Piping Co,, Inc. be accepted and that Alternative Number 1 be disregarded; and WHEREAS, upon true deliberation thereupon, the Town Board of the Town of Lansing, acting for CWD Extension 1, has hereby RESOLVED, that the Town Supervisor andlot Deputy Town Supervisor be and hereby are each individually authorized to issue the Notice of Award to ADHAN Piping Co., Inc., of 1868 State Route 1, Cortland, New York 13045, for Project 3 E96,2 5, in the amount of $684,580,00, with Bid Alternative 1 not to be accepted, subject to bonding and other terms and requirements of the Notice of Award and the Bid Specifications_ EQ A Public Hearing: RESOLUTION 07 -233 RESOLUTION SETTING PUBLIC HEARING FOR SEORA ENVIRONMENTAL REVIEW FOR PROPOSED ROBINSON CWD BOUNDARY CHANGE ESTABLISHING NOTICE OF INTENT TO ACT AS LEAD AGENCY 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 14th day of November, 2007, the following members being present; Stephen Farkas, Supervisor, Francis Shattuck, ouncilperson; Connie Wilcox, Councilpersong Martin Christopher, ouncilperson; 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 Markin Christopher, and the vote was as follows: Stephen Farkas — aye, Francis 'Shattuck — aye, Connie Wilcox - aye, Markin Christopher — aye; and Matthew Beserner -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of a certain lot within the Town of Lansing, Michael and il+lichele Robinson, 0 Atwater Road (Town of Lansing Tax Parcel Number 37.1-6 - 0), have petitioned the Town to consider extending the Consolidated Water District ("CWD ") to such parcel as such parcel qualifies for backmlot treatment and is surrounded by the existing boundaries of the CWD; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney show that this property should be consolidated into the CWD by extending the CWD into such property and thus amending the boundary of the CWD; and WHEREAS, the easements to permit such extension already exist; and WHEREAS, the Town Engineer has prepared a map, plan and report ( "MPR ") for such CWD extension and boundary line change; and WHEREAS, the affected property owners need to formally enter the CWD in relation to such boundary extension; and WHEREAS, no request for a referendum was submitted or received in connection with the preparation of the MPR, and WHEREAS, the Town desires to proceed towards establishment of the CWD extension by boundary change pursuant to the provisions of Town Law Article 1 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the Town Board needs to conduct a SEQ A review to examine the environmental impacts of such proposed District Extension, and review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and accordingly, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1 _ This action is classified as an Unlisted Action pursuant to 6 NYC Part 617,2 (ak); The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or 0 300 any request.s of coordinated or independent review by any Invo I've d orllnterested A gency, as - appliable The- pnvolved Agencies are detemined to be the: Southern Cayuga Lake Intermunicipal later . District, the 'N S Deprtrnenf of , Environmental onservatian', NYS Corriptroller's ff1 and -the Tompkins County Department of Health; The Interested Agencies are determined to be the Town of Lansing Planning Board, the Village of Lansing, the Town of Dryden, the Town of Ithaca, and the Village of Cayuga Heights,' 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 19th day of December, 2907, at 0:04 o'clock P,M_, to consider a SEQRA review of the environmental impacts of the proposed WD boundary change, 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; and it is further RESOLVED, that the Town Clerk immediately issue and deliver a Notice of Intent relative to Lead Agency status to all Involved and Interested Agencies. SEQ A; Unlisted Robinson Boundary Change: RESOLUTION 07-234 RESOLUTION AND ORDER ESTABLISHING PUBLIC HEARING UPON ROBINSON DWD BOUNDARY CHANGE 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 14th day of November, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson, Connie Wilcox, Councilperson; Markin Christopher, Councilperson; and Matthew Besemer, ouncilperson; 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, owners of a certain lot within the Town of Lansing, Michael and Michele Robinson, 9 Atwater Road (Town of Lansing Tax Parcel Number 37.1 -tx- 20), have petitioned the Town to consider extending the Consolidated Water District { "C1D °} to such parcel as such parcel qualifies for back -lot treatment acrd is surrounded by the existing boundaries of the CID; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney show that this property should be consolidated into the GVVD by extending the CVVD into such property and thus arnending the boundary of the CD; and WHEREAS, the easements to permit such extension already exist; and 30� WHEREAS, the Town Engineer has prepared a map, plan and report ( "MPR ") for such CWD extension and boundary line change; and WHEREAS, the affected property owners need to formally enter the CWD in relation to such boundary extension; and WHEREAS, no request for a referendu connection with the preparation of the MPR; WHEREAS, the Town desires to proceed extension by boundary change pursuant to 12 -A; and finds that all proceedings to date and m was submitted or received in and towards establishment of the CWD the provisions of Town Law Article have been in compliance therewith; WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has RESOLVED, that that the MPR be and hereby is approved and deemed final and the Town Clerk is directed to keep complete copies on file at the Town Clerk's Office for public review and examination; and it is further RESOLVED, that the Town Board of the Town of Lansing hereby finds that the MPR is complete and accurate, and has been prepared in accord with the NYS Town Law; and it is further RESOLVED AND DETERMINED, that this Resolution shall be and be deemed an °' Order " as used in Town Law § 209 -d, and in furtherance thereof, the Town Board of the Town of Lansing declares as follows: 1. The CWD boundary shall be revised to include all those parcels of land as are described in deeds on file at the Tompkins County Clerk's Office for Michael and Michele Robinson, 9 Atwater Road, Town of Lansing Tax Parcel Number 37.1 -5- 20, which parcels are more particularly shown and described upon the map filed at the Town Clerk's Office, 2. The construction and improvements consist of a single user line that has been or will be installed by the owners of the affected property at such owners' sole expense. 3. The maximum amount proposed to be expended for improvements is $0.00 (the owner's have or will pay for all lines and hook -ups). One time hook -up and connection fees are estimated at $1,782.00, being comprised of Bolton Point connection fees of $250.00, the cost of a %31 meter at $62.00, an inspection fee of $170.00, and 250 -300 feet of 1" service lines costing $300.00 (additional footage is about $1.00 per foot), plus costs of up to $1,000.00 to bore under Atwater Road. No district financing is applicable to this project, all of which costs have been paid, or which will be paid, solely by the owners. 4. The Map, Plan and Report ( "MPR ") is deemed incorporated herein, and such MPR is available for public review and inspection at the Town of Lansing Clerk's Office, 5. A public hearing to consider and discuss the formation of the CWD Expansion by Boundary Change will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of December, 2007, at 6:05 o'clock P.M., whereat all persons interested in the subject thereof will be heard; 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 and 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. 2 SEQRA: Unlisted Planning Department's Monthly Report: Ms. Kiley reported the following: Planning Department Report November 14, 2007 Building Permits: up 1 for October (26 permits in 2007) with $1,500 more in fees collected; 26 Certificates of Occupancy for October — 15 more than in 2006 On Monday, October 22, the Planning Board had a presentation by Peter Vars from BME Associates titled "Reading and Reviewing Site Plans." Municipal Agricultural and Farmland Protection Plan Development Grant program: The Town of Lansing's application was submitted on October 23. The grant program is for communities to take the agricultural statements in their comprehensive plans and develop actions to protect farmland. This weekend is the Community Forum on Energy at Ithaca College. Darby will attend and plan an informational meeting for Lansing residents. Darby asked if Lake Forest Road has been dedicated and Guy Krogh said that yes, it was complete. The DEC requires that certain municipalities pass an Illicit Discharge Detection and Elimination Local Law. Darby edited the State Model to better fit Lansing's needs. The Enforcement Committee will meet on November 28 at 4:30 to review the law. Local Law Number 6 of 2007: RESOLUTION 07 -235 RESOLUTION ESTABLISHING PUBLIC HEARING FOR LOCAL LAW # 6 OF 2007 (ILLICIT DISCHARGE LAWS) 30L 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 14th day of November, 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, the US EPA, NYSDEC and NYS have mandated that as part of Stormwater Regulations, certain laws be passed by local municipalities relating to the identification and regulation of illicit stormwater discharges; and WHEREAS, said Local Law proposes to: (1) regulate non - stormwater discharges to the municipal separate storm sewer system (MS4) and to surface waters to the maximum extent practicable as required by federal and state law; (2) establish methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate 7 303 Storrn Sewer Systems; (3) to define Best Management PracticeSr the Clean Water Act, Construction Activity, the Department, Hazardous Materials, illicit Connections; Illicit Discharges, individual Sewage Treatment Systems, Industrial Activities, MS4, Municipal Separate Storm ,Sewer Systern, Municipality, Non. Stormwater Discharge, Person, Pollutant, Premises, Special Conditions, State Pollutant Discharge Elimination System (SPDES) Storm water Discharge permit, Storm Ater, ,Storm ater Management Officer (SM ), Surface Water(s), 303(d), TMDL (Total Maximum Daily Load), and Wastewater; (4) defining who administers and enforces the law; (6) to prohibit certain illicit discharges, such as discharges that the Department or the municipality have determined to be substantial contributors of pollutants and those with deleterious effects upon potable water sources, but excepting certain sources not commonly containing pollutants; (6) allowing for the permitting of discharges; (7) provisions for dire testing; (8) prohibitions against poiluting stormwaters, such as the improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions or storage of such material where they are exposed to storrnwater, or any other activity that causes or contributes to violations of the municipality's M84 SPDES permit authorization, but exempting certain agricultural activities and certain individual sewage treatment systems; (9) the imposition of Best Management Practices; (10) suspension of access to discharge systems and emergency variances; (11 certain compliance and monitoring access and rights, (1) regulations for facilities operators; (13) spill notification requirements; (14) provisions for enforcement, including authorization for the elimination of illicit connections or discharges, fines and/or the implementation of source controls or treatments, such penalties including, but not being limited to m[sderneanor convictions carrying fines of $350.00 or 6 months imprisonment for a first offense, and for a second offense both of which were committed within a period of five years, a fine of up to $700.00 or imprisonment for a period not to exceed six months, or both, and a subsequent offense all of which were comm[tted within a period of five }rears, a fine up to $1,000,00 or imprisonment for a period not to exceed six months, or both; (14) rights of appeal; and (15) other administrative provisions; and WHEREAS, EAS, and upon due deliberation the Town of Lansing has hereby upon the foregoing, the Town Board of RESOLVED, that a Public Hearing will be geld at the Lansing Town Hall, 29 Auburn Road, Lansing, New "York, tieing in the Town of Lansing, on the 19th day of December, 2007, at 6:10 o'clock RM., to consider the Adoption of Local Law Number 6 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, Fork, is hereby authorized and directed to cause published in the official newspaper of the Town COPY thereof on the Town signboard maintainer with law. SEQRA; Type li ri Salt Building: S a copy Tompkins County, New of this Resolution to be of Lansing, and also to post a by the Town Clerk, in accord Jack stated that the Salt Storage Building is full. Y4 r t: Everyone an East Shore Drive are all hooked back up and buttoned up for the winter. Will have to go back in the spring to do the touch ups. Water Main Breaks: There have been two (2) water main breaks on Farrell Road around the Stone Haven Drive area. A X, Steve Colt went over the following with the Board: Parks & Recreation Department 11/14/07 Town Board Meeting RECREATION Equipment reconditioning for football is currently taking palace as most all of the player's equipment has been turned. in. We may also send some of it out for professional .reconditioning which. is typical on, occasion for some helmets. We are especially aware of disinfecting this year with the reports about (M.RSA) Methicrllitr- Resistant Stn pltylc)core °us tlzrrerrs. 1 have an approximate 70 page document that 1 requested from the l4ealth Deparhli.ent. The Bowling program has started and will end on December 601. We use 'T the Bowl- O_Drome in Ithaca. and send two busses after school on 7'llursdays. • Gymnastics has also started and takes place at Finger Lakes Gynu-iastics III Academy. We have close to 40 participants and this program iv conclude on December 21`f • Basketball programs are set to start a.t the end of this month for bays and girls in grades 5 & C. Our 3" & 4t-h Uaders will start in early .0ecember. For the first time xvve will. be running the 5th and 611' grade programs in the Middle Si hoot gyn� 1•rcitn 6:00 -7:30 PN/..I. We have always used the High School gym in the past, but this year the varsity and JV teams .have extended their practice time until 7:30. We felt that was too late to start youth p:rogra-mming. • Youth Wrestling is set to start on December 3�'�i and is for students in grades K -3. This -program takes place In the liiah School wrestling room and will. conclude on ja.nuaryr 12. We are planning to offer a Session Tl program to extend on after 1./1.2/06. • Adult programming is ongoing and includes Men's Basketball, Women's Basketball, Women's Volleyball, COED Volleyball, Cardio Step Class and Adult Open Swim. PARKS t3©7 All Parks and Ballfields have been preparL-,d for next spring with a final. now and clean. up. We have also core plugged, over - seeded and fertilized where needed.. These are the steps that really= set up for good looking grounds in the sprint; and siximner. Our crew has a good routine and they do a great job. 'This -will be their final week of 'work for the season. • Entrance Garden re- design for Myers'Park is in the early stages of planning. Dave "Taylor From Northern Nurseries is helping and has sketched one possible desigri that 1. have included for you to see. If involves using stone pavers. We have found an opportunity to buy 0 "close out" stock from Northern at over 60% off of list price. purchased and continue to look at possible designs. • Salt Point & Myers Marina, 1 hope to now start looking into We have not grant/ outtiide monies that may be available for needed work in both of these areas. Audit Report: RESOLUTION NO. 07 — 236 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: CONSOLI rED ABSTRACT # 011 DATED 11/14/07 AUDITED VOUCHER #'s 1128-1227 PREPAY VOUCHER #'s 1128 - 1130 AUDITED TA VOUCHER #'s 59-64 PREPAY TA VOUCHER #'s 59 - 60 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 103,70A5 HIGHWAY FUND $ 117,562.56 LANSING LIGHTING $ 1,249.00 LANSING WATER DISTRICTS $ 116,954.67 CHERRY ROAD SEWER $ 0.00 TRUST & AGENCY $ 437653.17 SALT POINT PROJECT — NYS GRANT Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board $ 0.00 (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor 10 305 Approve Minutes: A copy of the minutes of November 7, 2007, having been furnished to the Board Members before hand the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 07 — 237 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the minutes of as accepted. November 7, 2007 are hereby approved 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 Town Counsel Report: Tompkins County Water and Sewer Study: RESOLUTION 07 -238 RESOLUTION IN SUPPORT OF SHARED MUNICIPAL SERVICES INCENTIVE GRANT APPLICATION FOR TOMPKINS COUNTY WATER AND SEWER STUDY 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 14th day of November, 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 Martin Christopher, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — no; Martin Christopher — aye; and Matthew Besemer - no; and the following Resolution therefore passed 3 -2, and was duly adopted: WHEREAS, the Tompkins County Economic Development Strategy's goals include increasing and diversifying the county's housing supply and revitalizing the County's unique commercial districts and town centers; and WHEREAS, the Economic Development Collaborative was organized to formalize, strengthen and deepen the cooperation among the many local agencies and municipal bodies addressing economic development issues in the County to make the process more effective through common goals and approach; and WHEREAS, the Tompkins County Council of Governments ( TCCOG) is a member of the Economic Development Collaborative, which is currently working to address the goals of the County's Economic Development Strategy, and WHEREAS, the TCCOG supports the development of a county -wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals; and WHEREAS, the Economic Development Collaborative has suggested the creation of an updated, county -wide evaluation of existing water and sewer 11 infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county' housing and economic development goals; and WHEREAS, the Town of Lansing is a member of the TCCOG; and WHEREAS, the last county -wide evaluation of water and sewer infrastructure was completed in 1994; and WHEREAS, an updated evaluation would facilitate the development of housing within town and village centers, commercial revitalization of those centers and growth in the tax base, with the most efficient use of public dollars for infrastructure; and WHEREAS, and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing supports the development of a county- wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals by an engineering consultant; and it is further RESOLVED, that the Town of Lansing pledges to work with the Engineering Consultant to ensure cooperation of its planning and engineering departments with this project. Oil and Gas Lease: RESOLUTION 07 -239 RESOLUTION RE- AUTHORIZING EXECUTION OF OIL & GAS LEASE AND SURFACE IMPROVEMENTS AGREEMENT(S) WITH ANSBRO PETROLEUM 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 14th day of November, 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 Martin Christopher, 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, Ansbro Petroleum is performing seismic testing in the area and requests that the Town sign a lease for subsurface oil and gas mining rights; and WHEREAS, Ansbro Petroleum desires to make surface improvements upon only one parcel of Town -owned land, as more particularly set forth in such lease, which improvements will consist of a well; and WHEREAS, the Town believes it is in the best interests of the residents of the Town that such an improvement be upon Town -owned property for, among other reasons, FEMA/SEMA purposes; and WHEREAS, the Town previously approved the said leases by Resolution 07 -180, and re- approved the same for the purposes of publishing and posting a notice relative to Town Law §90; and 12 �i WHEREAS, upon deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor and/or each individually authorized to execute such Surface Improvement Agreements Lansing as they deem in the best intere approval of Town Counsel as to the Agreement(s); and it is further Deputy Supervisor be and hereby are such Oil & Gas Lease Agreement and by, for, and in the name of the Town of sts of the Town, subject to the advance language and form of each of such RESOLVED, that pursuant to Town Law §64(2), the lease of land for well placement and drilling rights be and is subject to permissive referendum; and it is further RESOLVED, that the Town Clerk, within 10 days hereof, publish and post a notice stating (1) the date of approval of this Resolution; (2) a concise summary of the purpose and effect of this Resolution, and (3) a statement that this Resolution be and is subject to a permissive referendum per Article 7 of Town Law, SEQRA: Type II Public Hearing — Local law No. 5: RESOLUTION 07 -240 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING PROPOSED LOCAL LAW NUMBER 5 OF 2007 REGARDING SENIOR CITIZENS' AND DISABLED PERSONS' 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 14th day of November, 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, due to a change in the senior citizen and disabled persons tax exemptions issued by the State of New York, as adopted by the County of Tompkins, 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 13- . WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State laws concerning eligibility and exemption levels, repeal Ordinance 51, and convert the same to a Local Law; and WHEREAS, the new exemption limits are proposed to be as follows: ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to $27,001.00 to $28,000.00 to $29,000.00 to $30,000.00 to $30,900.00 to $31,800.00 to $323700.00 to $33,600.00 to $34,500.00 to $27,000,00 50% $27,999.00 45% $28.999.00 40% $290999.00 35% $30,899.00 30% $311799.00 25% $32,699.00 20% $33599.00 15% $34,499.00 10% $35,399.00 5 %; and in all other respects, Ordinance 50 will contain the same terms pertaining to qualifications and the repayment of exemptions for falsely swearing to qualification there for; and WHEREAS, the exemption would apply pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, and real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or the combined income of the owners as reflected above; 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 19th day of December, 2007, at 6:15 o'clock P.M., to consider the aforesaid Local Law, 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. BAN - $ 153,000.00 Serial Bonds (Salt Storage Building): RESOLUTION 07 -241 BOND RENEWAL RESOLUTION DATED NOVEMBER 14, 2007 A RESOLUTION AUTHORIZING THE ISSUANCE OF $153,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY FOR THE COST OF THE PURCHASE AND INSTALLATION OF HIGHWAY BUILDING (SALT STORAGE FACILITY) 14 MA BAN 01-07 (2007) 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 14th day of November, 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 Town Highway Department purchased goods and services and installed, and caused to be installed, a salt storage building that was in part financed by Bond Anticipation Note 01 -06 in the amount of $170,000.00; and WHEREAS, the Town Board issued a 2006 Bond Anticipation Note ( "BAN "), No. 01 -06, in the amount of $170,000.00 to pay for the actual and estimated expenses related to the purchase and installation of the said Salt Storage Building, which BAN has come up for renewal; and WHEREAS, the Town has contacted several lending institutions to find the lowest BAN rates, and has determined that the banking institution with the best service and the lowest rates should issue the funds pursuant to the BAN process; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to execute and deliver such documents as are necessary to issue Bond Anticipation Note 01-07 in an amount of $153,000 with the Tompkins Trust Company, with interest thereon to be not greater than 3.78% per annum for a period from December 1, 2007 until November 30, 2008 (with interest due at maturity); and it is further RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to use the proceeds of the Bond Anticipation Note 01 -07 to fully pay the remaining obligation (after payment of principal of $17,000.00) of the Town of Lansing under Bond Anticipation Note 01 -06; and it is further RESOLVED, that the Supervisor, or Deputy Supervisor, be authorized to execute and deliver such other documents effectuate the purposes of this Resolution, and it is further RESOLVED, that the Bond Anticipation Note to be executed Deputy Supervisor, shall be designated as Bond Anticipation further and they hereby are as are necessary to by the Supervisor, or Note 01 -07; and it is RESOLVED, that the Town Clerk be and hereby is authorized and directed to certify this Resolution and place the Seal of the Town of Lansing thereupon. Bond Renewal — Highway Equipment: RESOLUTION 07 -242 BOND RENEWAL RESOLUTION DATED NOVEMBER 14, 2007 15 3la A RESOLUTION AUTHORIZING THE ISSUANCE OF $77,419.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY FOR THE COST OF THE PURCHASE OF HIGHWAY EQUIPMENT BAN 02 =07 (2007) 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 14th day of November, 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 Martin Christopher, 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 Highway Department purchased a new multi - purpose excavator in October 2003 at a purchase price of $234,000.00; and, WHEREAS, the Town Board issued a Bond Anticipation Note ( "BAN "), 2003 No. 01 -03, in the amount of $184,000.00 to pay for the actual and estimated expenses related to the purchase of the multi - purpose excavator, which BAN was duly renewed Resolution 06 -243, which BAN has come up for renewal; and WHEREAS, the Town has contacted several lending institutions to find the lowest BAN rates, and has determined that the banking institution with the best service and the lowest rates should issue the funds pursuant to the BAN process; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to execute and deliver such documents as are necessary to issue Bond Anticipation Note 02 -07 in an amount of $77,419 with the Tompkins Trust Company, with interest thereon to be not greater than 3.83% per annum for a period from December 1, 2007 until November 30, 2008 (with interest due at maturity); and it is further RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to use the proceeds of the Bond Anticipation Note 02 -07 to fully pay the remaining obligation (after payment of principal of $25,807.00) of the Town of Lansing under Bond Anticipation Note 02 -06, and it is further RESOLVED, that the Supervisor, or Deputy Supervisor, be and they hereby are authorized to execute and deliver such other documents as are necessary to effectuate the purposes of this Resolution; and it is further RESOLVED, that the Bond Anticipation Note to be executed by the Supervisor, or Deputy Supervisor, shall be designated as Bond Anticipation Note 02 -07; and it is further RESOLVED, that the Town Clerk be and hereby is authorized and directed to certify this Resolution and place the Seal of the Town of Lansing thereupon. BOARD MEMBER REPORTS: Matt Besemer. Nothing to report at this time. 16 Marty Christopher: Nothing to report at this time. Connie Wilcox: Farmers Market: A Community Council member approached Mrs. Wilcox with the idea of having a Farmer's Market in Lansing. She stated that this was just a thought at this time but will keep the Board updated on the progress of it. Bud Shattuck: SPCA Contract: Mr. Shattuck stated that some kind of contract needs to be signed by January 1, 2008, Mr. Farkas stated that Groton went with an individual contractor and that Dryden and Ulysses are still trying to decide what they will do. The Board felt the Town needs to be covered through March 31, 2008. The agreement will be put into place very soon. Training at Ithaca City Hall• Mr. Shattuck stated that there will be a training session at the Ithaca City Hall in regard to conducting a Planning Board Meeting in the right manner. All of the Lansing Planning Board Members and the ZBA Members have been notified. Steve Farkas: Nothing to report at this time. Executive Session: RESOLUTION 07 — 243 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 7:17 p.m, to discuss a personnel matter and a possible litigation matter. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Mr. Pinney was invited to stay for the Executive Session. Come out of Executive Session: RESOLUTION 07 =244 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Executive Session is terminated and the Regular Meeting is reconvened at 7:26 p.m. Vote of Town Board. . (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson 17 .9/01 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 07 — 245 RESOLUTION, offered by Mr. Besemer and seconded by Mr. Shattuck: RESOLVED, that the Regular Meeting is adjourned at the call of the Supervisor at 7:29 p.m. Vote of Vote of Vote of Vote of Vote of Town Town Town Town Town Board. Board . Board . 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. 'rid ,?/,3