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Home My WebLink About2008-01-16C REGULAR TOWN BOARD MEETING Date: January 16, 2008 Time: 6:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1, Call Meeting to Order 2, Roll Call 3. Pledge of Allegiance 4, Public Hearing - 6:05 p.m. - Local Law #1 of 2008 Cold War Veterans Exemption 5. Privilege of the Floor: Anyone wishing to address the Board 6. Engineer's Report 7. Planning Department Report 8, Highway Superintendent's Report 9. Parks and Recreation Report 10. Approve Audit 11, Approve Minutes of January 2, 2008 12, Board Member Reports 13. Town Counsel Report 14. Executive Session if Needed 15. Adjourn Meeting 1A January 16, 2008 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Pinney presiding. Call. The Supervisor called the meeting to order and had the clerk take the Roll ROLL CALL A. Scott Pinney Supervisor Present Matt Besemer Councilperson Present Marty Christopher Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Lorraine Schmitt Town Attorney Present VISITORS: Jack French, Steve Colt, Dan Veaner, Nancy Loncto, Charlie Purcell, Bernard Ryan, Duane Ray, Jeff Overstrom, Dan Pace, Dave Buck, Beth McKinney, Brian Flannigan, Lori Pinney, Fred Everts, Mary Boles, John and Suzanne Hansknecht, Claes Nyberg, Roger and Marilyn Hagin, Dave Heck, Rick Pinney, Amit Shrivastava, Darby Kiley, Mike, Sandy, Sheena and Renee Sweazey, and a few other residents. The Supervisor led all present in the Pledge of Allegiance. Privilege of the Floor• Dan Pace — LLC: Mr. Pace, of 53 Buck Road approached the Board regarding the Library. He asked the following Questions: plan? Did anyone from the Library ever give anyone a 5 to 10 year operating Since the Town has given the library $64,000.00 since 2001, will they give them the money that is in the 2008 budget in the amount of $ 12,000.00 or will it be rescinded due to the vote? Will the Library start paying fair market value for the rental of the building? Will a lease payment be set -up? Scott Pinney stated that the 2008 money has been promised but that the Town Board will talk about this situation very soon. Mr. Pace stated that the vote was held in December so they would be eligible for immediate funding from grants and donations. He stated that he will be taxed five (5) ways for a library that is not needed in this Town. Mr. Pinney stated that the matter will be discussed and answers could possibly be available at the next Board Meeting. Hearing — Local Law No 1 for the year 2008: RESOLUTION 08 - 38 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on proposed Local Law No. 1 for the Year 2008 is hereby opened at 6:07 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 1 19 20 Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Mr. Krogh explained the proposed exemption to all present. Close Public Hearing: RESOLUTION 08 — 39 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 6:10 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Return to Privilege of the Floor: Murfield Drive Property Owners: Beth Mckinney, John and Suzanne Hausknecht, Bernard Ryan and Amit Shrivastava all asked to go on record expressing their concern for their safety because of high powered guns being used at the Tompkins County Fish and Game Club. An incident took place at Mr. Shrivastava's home at which a bullet shattered a window in Mr. Shrivastava's house. The Sheriff's Department is investigating this matter. Mr. Krogh has contacted them but has had no reply. The Board told Mr. Shrivastava to go to the Village of Lansing as most of the club is in the Village. He also stated that he received a report from the Board regarding his request to investigate the matter which said that as far as the Board is concerned, their opinion is that the bullet came from a hunter. The Board had no knowledge of this letter. He did not have it with him but he will bring in the letter for the Board to see. Mr. Bernard Ryan felt all of the homeowners should have been shown a map of the whereabouts of the gun club before they purchased property in the Murfield Drive area. Mr. Dan Veaner stated that he had discussed this matter with the Village and they stated that most of the club was in the Town and not under their jurisdiction. This will be looked into. ADOPTION OF LOCAL LAW NUMBER 1 OF 2008: RESOLUTION 08-40 RESOLUTION ADOPTING LOCAL LAW # 1 OF 2008 (Amending Local Law #5 of 2007 to add Cold War Veterans Exemption) I 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilper Councilperson; and Matthew Besemer, Councilper members being absent: none; and the following motion made by motion of Martin Christopher, and was dL Shattuck; and the vote was as follows: A. Scott Pinne, aye; Francis Shattuck — aye, Martin Christopher — aye; aye; and the following Resolution therefore passed 5 -0, Mn; Martin Christopher, >on; and the following for a Resolution was duly ly seconded by Francis r — aye, Connie Wilcox — and Matthew Besemer — and was duly adopted: 2 ��_o WHEREAS, due to changes in law regarding veteran tax exemptions allowed by the State of New York pursuant to Real Property Tax Law §458 -b, the Town Board desires to amend Local Law #5 of 2007 to add the "Cold War Veterans Exemption ", which exemption is available to veterans who served on active duty (exclusive of training) for at least one year in the United States armed forces between September 2, 1945 and December 26, 1991, and who are not currently receiving either the eligible funds or alternative veterans' exemption; and WHEREAS, said Local Law #5 of 2007 would be amended by adding a new Section 4, and renumbering Sections 4, 5 and 6 as Sections 5, 6, and 7, respectively; and WHEREAS, said new Section 4 would (1) add the Cold War Veterans exemption pursuant to the definitions and guidelines set forth by the State of New York, (2) would include honorably discharged veterans with at least one year of service between September 2, 1945 and December 26, 19911 (3) add up to 15% exemption, with a maximum exemption of $12,000.00, (4) provide for an exemption of up to $40,000.00 if the applicant has a service- connected disability rating; and WHEREAS, the Town has thus elected Option 2C of the available options provided by the State; and WHEREAS, a public hearing was duly noticed and held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of January, 2008, at 6:05 o'clock P.M., to consider the aforesaid Local Law, and all persons interested in the subject thereof were duly heard; 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 Local Law #1 of 2008 be and is hereby adopted, reading in its entirety as follows: LOCAL LAW #1 of 2008 Cold War Veterans Exemption Section 1: Local Law #5 of 2007 be and is hereby amended by adding a new Section 4 that reads: "SECTION 4: Cold War Veterans Exemption: A partial exemption for eligible Cold War Veterans (generally, those honorably discharged veterans who served a minimum of one year between September 2, 1945 and December 26, 1991) is available in the Town of Lansing pursuant to New York State Real Property Tax Law §458 -b, as administered by the Tompkins County Assessment Department, and the Town of Lansing hereby elects for option 2C, thus generally providing an exemption rate of up to 15 %, with a maximum exemption of up to $12,000.00 for eligible Cold War Veterans, and up to $40,000.00 if the applicant has a service- connected disability rating." Section 2: Local Law #5 of 2007 be and hereby is further amended by renumbering Sections 4, 5, and as Sections 5, 6, and 7, respectively. Section 3: This Local Law, and the amendments to Local Law #5 of 2007, shall take effect immediately, and the Town Clerk is directed to immediately file a copy of this Local Law with the NYS Attorney General as required by law. SEQRA: Type II Action. GINEER'S REPORT — 3 21 22 ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Town CWD. Extension #2 — Drake Road • Approval of Water Supply Permit by NYSDEC is pending and must be obtained prior to construction. TCHD has already approved the plans and specifications. • Bid documents can be issued in the next two weeks for opening on or about February 21St. Will require Board authorization. b. Town CWD, Ext #1 — Algerine and Lansing Station Road • Adhan Piping has installed roughly 7,500 feet of main. • Payment request #1 in the amended amount of $176,795.95 is acceptable to Engineer. Municipal Solutions is recommending not releasing the funds until Adhan further complies with NYSEFC requirements pertaining to the minority business utilization goals and reporting. • Progress Meeting will be January 17, 2008 at 9AM in the Town Hall to include: => Traffic control - limited sight distance on Lansing Station Road =�o Stormwater Management practices - erosion and sediment control => Change Order #1 - discuss and execute by Town and Adhan => Resident Project Representative services - provided by Town beginning 1/21/08 => Progress Schedule - update by Adhan =:> Submittal Status - any outstanding items => Payment Requests - status of Pay Request #1 => Contract Administration - conformance with NYSEFC M/WBE requirements • Work Directives and Change Orders to date: => Change Order #1 in the amount of $11,100 for temporary mulching of disturbed soil along the water pipe route. This is a modification to the Stormwater Pollution Prevention Plan necessitated by the long delay before weather will allow final lawn restoration zm� Two additional Rock Check Dams (2) have been requested for erosion and sedimentation control in front of the Lakeview Mobile Home Park. (Unit Price per Rock Check Dam is $375, totaling $750.) Inspection services will be preformed by Town Highway Department personnel beginning Monday, January 21st. This change will require an amendment to the current agreement with Engineer for professional U services. c. Town CWD Boundary Expansion — Myers Heights Rear Road • Review the draft Map, Plan and Report. • Consider setting public hearings for SEQR and district formation. 2. Storm Sewer Planning and Maintenance a. Lake Forest Subdivision (Drainage District #4) • Review the draft Map, Plan and Report. • Consider setting public hearings for SEQR and district formation. 3. Sanitary Sewer System Planning and Maintenance a. Warren Road Business Park • Review the limits of the new district boundary. • Progress meeting on Thursday with TCAD, Cornell, Tompkins County, Transonic and Lucente to discuss benefit formula that is acceptable to residential and commercial land owners. Mr. Overstrom stated that he was recently employed by T.G. Miller's and he went over the following agenda with all present: FINAL ORDER ESTABLISHING CWD — EXT. NO. 2: ►,� RESOLUTION 08-41 RESOLUTION ADOPTING FINAL ORDER ESTABLISHING TOWN OF LANSING CONSOLIDATED WATER DISTRICT EXTENSION 2 AUTHORIZING ADVERTISEMENTS FOR BIDS AND DEVELOPMENT OF RFP FOR CWD EXTENSION 2 (COTTONWOODS SUBDIVISION) 23 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson, having recused himself and having neither participated in discussions nor voting upon this Resolution; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, and Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Developer of the Drake Road Subdivision, and other affected and nearby residents, having petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed CWD Extension covering a portion of Drake Road in the Town of Lansing, known as CWD Extension 2 (herein, the "District Extension "), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town Board met with the affected residents to share information received from the Town Engineer regarding a preliminary feasibility study, and the Town having held public information sessions about the proposed District Extension, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project; and WHEREAS, the Town authorized the Town Engineer to prepare a Map, Plan and Report ( "MPR ") for the proposed district by Resolution Number 07-42 of February 22, 2007, and the Town Engineer having expressed no special concern other than determining the EDU costs thereof, and said Engineer having completed the MPR and having filed the same with the Town Clerk, which MPR contains a description of the boundaries and conditions of the District Extension; and WHEREAS, the expansion of the CWD into the affected areas is and was declared and deemed to be in the public interest; and WHEREAS, the Town desires to proceed towards establishment of the District Extension pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, it was determined that the said MPR complied with the requirements of Section 209 et seq. of the Town Law, and the MPR was approved by Resolution 07 -62 (March 21, 2007); and WHERAS, a Public Hearing was duly held at 6:15 p.m. on April 18, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons interested in the subject hereof were heard; and WHEREAS, the Town Board, by Resolution 07 -62 (March 21, 2007), adopted an Order pursuant to Town Law §209 -d, stating, among other things, that: 5 E (1) The boundaries of the proposed District Extension are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefor, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 31. -6 -3; 31. -6-4; 31. -6 -5; 35.- 3 -13.2; 35. -3- 13.12; 37.1- 1 -1.1; 37.1- 1 -1.4; and 37.1- 1 -1.5; all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) The proposed improvements consist of the following estimated quantities of materials: 1,210 linear feet of 8" ductile iron pipe; 1 connection to an existing 8" main; 3 fire hydrant assemblies; 2 8" gate valves; 5 3 %" service connections; 130 linear feet of %)I copper service tubing; 120 linear feet of 3 %" copper tubing to be bored /jacked under highway; 60 linear feet of 1.5" copper service tubing; 1.5" service tubing to be bored /jacked under public highway; and restoration of lawns and asphalt pavement (3.5" depth, est. quantity 10 tons); all designed to extend municipal water to all and each parcel referenced above from existing water mains adjacent to the proposed District Extension; (3) The estimated cost of the proposed improvements is $169,800, which is the maximum amount proposed to be expended; (4) The estimated cost of hook -up fees is $3,482.00 (Bolton Point connection fee of $250.00 + 3 %" meter at $62.00 + Inspection fee of $170.00 + 1 Y2" service line extension from curb box to dwelling at approximately $30 per linear foot with an average estimated distance of 100 feet � $3,000.00); (5) The proposed method of financing the improvements is through the issuance of a 20 -year serial bond(s) at an estimated interest rate of 5.5 %, with an estimated annual EDU capital cost of $526.00, with annual operation and maintenance costs to be reflected in quarterly water consumption bills, the annual average costs thereof based upon typical one and two family home users in this proposed district to be $132.00, for a total first year's cost of $658.00; (6) The MPR is on file for public review and inspection at the Office of the Town Clerk; and WHEREAS, the Town Clerk of the Town of Lansing, Tompkins County, New York, duly caused a copy of the Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing, and posted notice of the same on the Town's official signboard not less than 10 nor more than 20 days before such public hearing; 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 07 -117 (June 20, 2007); and WHEREAS, the costs per EDU are below the NYS Comptroller's review threshold, such that an application to, and permission from, the NYS Comptroller is not required; and WHEREAS, the Town resolved and determined that (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the District Extension are benefited thereby; (iii) all benefited properties and property owners are included within the District Extension; and (iv) that the establishment of the District Extension was in the public interest; and WHEREAS, the Town resolved and determined 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 parcel 9 �1 25 numbers, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office: 31. -6 -3; 31. -6 -4; 31. -6 -5; 35. -3 -13.2; 35. -3- 13.12; 37.1- 1 -1.1; 37.1- 1 -1.4; and 37.1- 1 -1.5; all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and WHEREAS, the Town resolved and determined that the said District Extension shall be constructed as set forth in the Order calling a public hearing, at a cost not to exceed $169,800.00, 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 WHEREAS, the Town resolved and determined that the establishment of Town of Lansing Consolidated Water District Extension Number 2 was approved, subject to permissive referendum, and no referendum was requested, nor was any petition requesting a referendum filed, 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, final applications and /or approvals have been submitted and /or received, as applicable or required, from the NYS Comptroller's Office /Department of Audit and Control and the Tompkins County and New York State Health Departments; 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 SEQRA; and it is further RESOLVED AND SO ORDERED, that the Town of Lansing Consolidated Water District Extension Number 2 be and hereby is approved and established; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed District Extension are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefor, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 31. -6 -3; 31. -6 -4; 31. -6 -5; 35. -3- 13.2; 35. -3- 13.12; 37.1- 1 -1.1; 37.1- 1 -1.4; and 37.1- 1 -1.5; all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO 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 $169,800.00, 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 7 26 of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Resolution and Order; and it is further RESOLVED, that the Town Engineer may, after filing this Order with the County Clerk and upon receipt of all required permits, issue advertisements and RFPs for bids for the construction of the district in accord herewith. APPROVE FINAL MAP, PLAN AND REPORT AND SETTING A PUBLIC HEARING FOR FORMATION OF DRAINAGE DISTRICT NO. 4 ( LAKE FOREST RESOLUTION 0842 RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT, DECLARING PUBLIC INTEREST, ADOPTING ORDER, AND SCHEDULING PUBLIC HEARING RE FORMATION OF DRAINAGE DISTRICT #4 (LAKE FOREST SUBDIVISION) 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Town Board of the Town of Lansing received a request for the dedication of permanent stormwater facilities located in the Lake Forest Subdivision, all pursuant to and as depicted upon an approved and sealed Final Subdivision Plat and the SWPPP; and WHEREAS, the Developer of the Lake Forest Subdivision petitioned for the creation of a Drainage District, herein Drainage District #4, and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of proposed Drainage District #4, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Lansing Town. Board having previously determined that a drainage district was needed for the Lake Forest Subdivision, and had previously authorized the preparation of a map, plan and report ( "MPR ") by Resolution 07- 166 (August 15, 2007), and no request for a referendum having being filed or received; and the Town Board having reviewed and accepted the MPR as prepared and submitted by the Town Engineer as final; and WHEREAS, the creation of a Drainage District is deemed to be in the public interest, and in the interest of the affected property owners proposed to be included in such district, and the Town Board had previously declared and described the boundaries of the proposed district include all properties defined, drawn and described in the MPR, determined that no improvements were proposed as they have all been already installed by and paid for by the Developer, and the Town Board having determined that the costs to a typical property include no construction or financing costs, and only include operation and maintenance costs for the maintenance of the improvements already existing, with such first year annual costs estimated to be $2,750.00; and Eel 27 WHEREAS, a copy of the MPR was ordered to be filed at the Town Clerk's Office in accord with law, and has been so filed; and WHEREAS, the Town Board determined that all properties included were benefited and that the district was in the public interest; and WHEREAS, the Town desires to proceed towards establishment of Drainage District #4 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, upon due deliberation upon the foregoing and the public interests to be served and the properties to be benefited thereby, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of the Town Law, and are hereby approved and adopted as final as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed district; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district to establish the Town of Lansing Drainage District #4; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such district and no benefited properties have been excluded from the district; and it is further RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law §209 -d as follows: (7) The boundaries of the proposed district are inclusive of the following tax parcel number(s), and the assessment map and property descriptions as are on file at the Tompkins County Clerk's Office are expressly incorporated herein: 32. -1- 37.428, intending to encompass all lots within the said Lake Forest Subdivision; all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (8) The proposed improvements consist of - stormwater facilities and drains, all of which are set forth upon the Lake Forest Subdivision Plat, which is expressly herein incorporated herein as now exists or as hereafter amended; all costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law and NYSDEC GP- 02 -01. The Town's maintenance responsibilities include inspections, sediment and debris removal, vegetation management, animal and nuisance management; erosion control; and structural repairs; (9) The estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (10) There is no hook -up cost for the drainage district; (11) There is no financing needed for this project; (12) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (13) A public hearing upon such proposed district will be held at 6:05 p.m. upon February 13, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and (14) The Map, Plan and Report describes in detail how the financing, hook- up costs, and other costs and expenses, were estimated and computed, including the first year's estimated average maintenance A • cost of $32.85 (with actual costs varying per parcel size); such costs are proposed to be paid through special benefit assessments for the benefited parcels of the proposed district, to be collected with the annual Town and County tax bill. 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 Notice of Public Hearing and copy of the Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing; and it is further RESOLVED, that the Town Clerk file a certified copy of this Resolution and Order with the NYS Comptroller at or about the time of the publication hereof. SET PUBLIC HEARING FOR SEAR — DRAINAGE DISTRICT NO. 4: RESOLUTION 0843 RESOLUTION SETTING PUBLIC HEARING FOR SEQRA ENVIRONMENTAL REVIEW FOR PROPOSED DRAINAGE DISTRICT #4 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Town Board of the Town of Lansing has received a request for the dedication of permanent stormwater facilities located in the Lake Forest Subdivision, all pursuant to and as depicted upon an approved and sealed Final Subdivision Plat and the SWPPP; and WHEREAS, the Town Board has issued a Public Interest Order relative to formation of the said Drainage District #4 and desires to conduct a SEQRA review to examine the environmental impacts of such proposed District Extension, and to 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 NYCRR Part 617.2(ak); 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the NYS Department of Environmental Conservation, the NYS 10 Department of Transportation, the Tompkins County Highway Department, the NYS Comptroller's Office, and the Town of Lansing Planning Board; 4. There are determined to be no Interested Agencies; 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 13th day of February, 2008, at 6:10 o'clock P.M., to consider a SEQRA review of the environmental impacts of proposed Drainage District #4, 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 Notice of Public Hearing 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. SEQRA: Unlisted SET PUBLIC HEARING FOR SEQRA AND LEAD AGENCY FOR MYERS HEIGHTS BOUNDARY CHANGE: RESOLUTION 0844 RESOLUTION SETTING PUBLIC HEARING FOR SEQRA ENVIRONMENTAL REVIEW FOR PROPOSED MYERS HEIGHTS REAR ROAD 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Matthew Besemer; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of certain lots within the Town of Lansing along the so called Myers Heights Rear Road, including Wheaton, Boles, Pitkin, Gay, and Trumbull, have petitioned the Town to consider extending the Consolidated Water District ( "CWD ") to such parcels as such parcels qualify for back -lot treatment and are adjacent to and /or surrounded by the existing boundaries of the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney show that this property and nearby properties should be consolidated into the CWD by extending the CWD into such properties and thus amending the boundary of the CWD; and WHEREAS, the Town Engineer has prepared and filed a map, plan and report ( "MPR ") for such CWD extension, which MPR has been approved and for which an Order has issued; and 11 30 WHEREAS, the Town Board needs to conduct a SEQRA 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 5. This action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); 6. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 7. The Involved Agencies are determined to be the NYS Department of Environmental Conservation, the NYS Comptroller's Office, and the NYS and Tompkins County Health Departments; 8. The Interested Agencies are deemed to be SCLIWC and the Town of Lansing Planning Board; 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 13th day of February, 2008, at 6:15 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed CWD boundary extension for Myers Heights Rear Road, 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 Notice of Public Hearing 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. SEQRA: Unlisted : FINAL M REAR: AND REPORT FOR CWD — RESOLUTION 08-45 RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT, DECLARING PUBLIC INTEREST, ADOPTING ORDER, AND SCHEDULING PUBLIC HEARING RE CWD BOUNDARY EXTENSION FOR MYERS HEIGHTS REAR ROAD 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: 12 31 WHEREAS, owners of certain lots within the Town of Lansing along the Myers Heights Rear Road, including Wheaton, Boles, Pitkin, Gay, and Trumbull, have petitioned the Town to consider extending the Consolidated Water District ( "CWD ") to such parcels as such parcels qualify for back -lot treatment and are adjacent to and /or surrounded by the existing boundaries of the Town of Lansing Consolidated Water District ( "CWD "); and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney showed that this property and nearby properties should be consolidated into the CWD by extending the CWD into such properties and thus amending the boundary of the CWD; and WHEREAS, the affected property owners need to formally enter the CWD in relation to such boundary extension; and WHEREAS, the Town Engineer has prepared a map, plan and report ( "MPR ") for such CWD extension and boundary line change, and 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 12 -A; and finds that all proceedings to date have been in compliance therewith; and 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, that the Town Board hereby adopts an Order pursuant to Town Law §209 -d as follows: (15) The boundaries of the proposed district are inclusive of the following list of reputed owners and tax parcel number(s), and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: Geri Gay and Deborah Trumbull (R.O.) (TP Nos. 32. -1- 37.421 and 31.- 1- 37.3), Jennifer Wheaton (R.O.) (TP No. 32. -1- 37.6), Paul Pitkin (R.O.) (TP No. 32. -1- 37.5), and Daniel Boles and Julie Boles (R.O.) (TP No. 32. -1- 37.423), which parcels are more particularly shown and described upon the map filed at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (16) The construction and improvements consist of a single user lines that are or will be installed by the owners of the affected property at such owners' sole expense. (17) The estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (18) One time hook -up and connection fees are estimated at $682.00, being comprised of Bolton Point connection fees of $250.00, the cost of a %)) meter at $62.00, an inspection fee of $170.00, and 150 -200 feet of 1" service lines costing $200.00 (additional footage is about $1.00 per foot. 13 32 (19) No district financing is applicable to this project, all of which costs have been paid, or which will be paid, solely by the owners. (20) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (21) A public hearing upon such proposed district will be held at 6:20 p.m. upon February 13, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and (22) The Map, Plan and Report describes in detail how the financing, hook- up costs, and other costs and expenses, were estimated and computed, including the first year's estimated costs of (i) an O &M fee of $150.00, payable through tax assessment upon the benefited parcels, and (ii) an average minimum water use fee of $110.80 per year. 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 Notice of Public Hearing and copy of the Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing; and it is further RESOLVED, that the Town Clerk file a certified copy of this Resolution and Order with the NYS Comptroller at or about the time of the publication hereof. SEQRA: Unlisted PLANNING DEPARTMENT REPORT: Ms. Kiley reported the following: Planning Department Report January 16, 2008 Building Permits: up 1 for December (7 permits in 2007) and up $3000 in fees collected (because of Global Phoenix expansion); 14 Certificates of Occupancy for December — 2 fewer than in 2006. The total number of building permits in 2007 was 181 (2006: 185; 2005: 178). Project costs were down from 2006 but similar to 2005. The annual Mobile Home Park and Junk Yard Licenses have been renewed. There are 2 new businesses in town (a beauty shop in home and chiropractic practice). In the coming months, public assemblies and bi- annual commercial inspections will take place. Approximately 40 building inspections were completed in the last month. A junk ordinance violation was noted and clean -up is in progress. The Planning Board approved 13 site plan applications in 2007. Fee schedule is ready to approve. It is a formality for Board to make resolution (as discussed several months ago, we compared fees of several neighboring municipalities). Board will discuss resolution at the end of report. Historical Records building: Planning Department provided a list of items to be completed in order to issue a Certificate of Occupancy. Scott Weaver worked on the floor and some of the electrical and spent about $250 in supplies. The total cost to complete the work with Town of Lansing labor is about $1300 (with low -E windows). Board will discuss resolution at the end of report. 14 �� I= Stormwater — a public notice was issued last week about the SPDES General Permit for Stormwater Discharges from Construction Activity Permit No. GP -02- 01 and the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) Permit No. GP- 02 -02, will continue and all conditions of those general permits will remain in force and effect. These general permits were set to expire on January 8, 2008, but pursuant to the following Standard Permit Conditions contained in these general permits, GP -02- 01 and GP -02 -02 will continue until new general permits are issued. DEC staff expect to complete review and response to those comments within three (3) months. Until the issuance of new general permits related to stormwater discharges from construction activity and from MS4s, new and existing authorizations will continue to be administered under the existing general permits (GP -02 -01 and GP- 02 -02). Ellen Hahn ( Stormwater Control Specialist for Region 7) will hold a training session for municipalities on the Construction and MS4 Permit Updates — February 20 8:30 -11:30 at Dryden Town Hall. Planning Department staff will attend. Other training sessions will be planned for the spring; these will target contractors and others. Subdivision: The current Subdivision Rules and Regulations states that all subdivisions require Town approval, no matter what the lot size is. At the Enforcement Committee meeting of December 5, 2007, the approval process was discussed and suggested that the larger one -lot subdivisions (over 3 acres with 300 feet of road frontage) only need to be approved by the Planning Department. However, according to the law, all subdivisions need to go before the Planning Board for approval. Applicants can request a waiver under Article 8. Darby talked to the Deputy County Clerk and asked that they not allow a subdivision to be filed without a signature from the Town of Lansing. She said that sometimes it is hard to know that it is a land subdivision but that she will remind the staff of that. They still have a letter on filing with that request. Approve 2008 Code Office and Subdivision Fee Schedule• RESOLUTION 0846 RESOLUTION APPROVING 2008 CODE OFFICE AND SUBDIVISION FEE SCHEDULES 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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 Matthew Besemer, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Codes Office has concluded its review and made its fee and application recommendations for 2008; and WHEREAS, such fees and application fees are based upon the historical costs of performing such inspections and services; and WHEREAS, pursuant to Local Law #6 of 2006 (Code Enforcement), and Article 16 therein, the Town Board may, from time -to -time, change the fee schedules applicable to such Local Law and other actions of the Code Enforcement Officer by Resolution; and WHEREAS, upon due deliberation thereupon, it is hereby `N1 Lem 0� RESOLVED, that the following fee schedules are approved for 2008 and all subsequent years until a further Resolution of this Board be made: 1. ELECTRICAL FEES. a 16 I-- price un total price unit total its s Alarm & Emergency Appliances & Equipment Accessories Panel Board $12.5 Air Conditioner 0 -15000 $8.0 0 BTU 0 Sensor $1.50 Air Conditioner 15001 & Up $12. BTU 50 Signaling Device $1.50 Battery Charger $8.5 0 Exit Light $1.50 Bell Transformer $3.0 0 Emergency Light $1.50 Clothes Dryer $8.5 0 Generator $25.0 Compactor $8.5 0 0 Transfer Switch $20.0 Cooking Deck $8.5 0 0 Battery Pack $12.5 Dishwasher $8.5 0 0 Wiring & Devices Disposal $8.5 0 Dimmer, 120V $2.75 Electric Unit Heater $10. 00 Dimmer Over 120 V $4.50 Electric Baseboard Heater $3.0 0 Fixture $0.40 Elevator $65. 00 Fixture, Hazardous $1.50 Exhaust fan $3.0 Location 0 GFCI Breaker $2.50 Fence Control $3.0 0 Lighting Track $0.40 Fuel Dispensing Unit $45. per ft. 00 Lighting Track (Head) $0.40 Furnace $8.5 0 Multi Outlet System $0.40 Future Appliance Feeder $5.0 per ftt:::l 0 OutlV $0.40 Ground Fault Protection, $20. Equipment, Device 00 Outlet, DATA $0.40 Hydro Massage Tub, $20. Commercial/Therapeutic 00 Outlet,Fixture $0.40 Hydro Massage Tub, $8.5 Residential 0 Outlet,General Purpose $0.40 Medical, Dental Patient $25. Care Unit 00 Outlet, Appliance $0.40 Micro -wave $8.5 0 Outlet, Special $0.40 Motor less than 1 HP $3.0 0 Pole /Post Lighting $15.0 Motor 1 -50 HP $15. Standard, Commercial 0 00 Pole /Post Lighting $7.50 Motor Greater than 50 HP $25. Standard, Residential 00 16 I-- 35 Receptacle, Dryer $3.00 Office Furniture /Partition $8.5 circuit 0 Receptacle, General $0.40 Oven $8.5 Purpose 0 Receptacle, GFCI /Arc $2.50 Panel /Switchboard, $10. Fault Residential 00 Receptacle ,Hazardous $2.50 Panel,Switchboard,Commer $20. Location cial 00 Receptacle, Range $3.00 Phase converter $25. 00 Receptacle, Special $3.00 Pool /Spa Circulator $8.5 Pum /Motor 0 Switch, General Purpose $0.40 Pool /Spa Bonding $20. 00 Switch, up to 240V Motor $3.00 Pump /Motor $15. Control 00 Switch, above 240V $4.00 Range $8.5 Motor Control 0 Switch, 600V & Over $25.0 Show Case Sign $20. Motor Control 0 00 Switch, Hazardous $3.00 Time Clock/Switch $20. location 00 Services Welder $8.5 0 0- 100Amp. $12.5 X -ray Unit $25. 0 00 101 -200 Amp. $25.0 Transformers 0 201 -400 Amp. $50.0 1 -10 KVA $15. 0 00 401 -600 Amp. $75.0 11 -25 KVA $30. 0 00 Over 600 Amp. $100. 26 -75 KVA $35. 00 00 Surveys 76 -200 KVA $40. 00 Residential, single family $135. Over 200 KVA $65. 00 00 Commercial- Contact Office for Storable Pools $60. Quote 001 1 Revised 9120107 For special equipment, Services, Appliances, or Devices not listed on this schedule or for voltage in excess of 600 volts nominal, contact the Electrical Inspector for pricing. Additional Inspections When the office or Inspector sends the Applicant a written notice of a defect or defects found during the original inspection and the Applicant or his Agent reports the defects have been removed, and after the second inspection the inspector report the defects have not been corrected, a charge of $20.00 will be made for each additional inspection. Electrical permits are valid for one year and subject to an annual renewal fee of $60. 2. CODE AND BUILDING PERMIT FEES: Except for the Projects noted below, there will be a minimum Building Permit Fee of $75.00 17 66 Except for Pool Permits, any Building Permit that is not complete within one year will require a Renewal Fee of 50% of the original cost of the Building Permit per year until the Project is complete, or a $75.00 Minimum, whichever is greater. Residential: $0.30 cents a square foot* for — One & two Family Residence, Modular Homes, Mobile Homes on Private Lots, Multiple Housing & Additions. Fees for Mobile Homes* on Rental Lots will have a charge of $150.00 $0.15 per Square Foot for: Garages * *, Storage Building, Workshops & Pole Barns. * Note that Basements are not included in Square footage Total. ** Note that any New Residence with a Garage will pay .30 Sq. Ft &.07 Sq Ft. Remodeling: $3.00 per Thousand- when the Square Foot Rule does not apply with a $75.00 minimum. Commercial. $5.00 per Thousand — according to Estimated Cost of Construction. Pools: $50.00 — For all above Ground Pools* $75.00 — For all In- Ground Pools *. *In & Above Ground Pool Permits will only be 90 -day Permits, with a maximum of 3 consecutive renewals of $50.00 or $75.00 Dollars depending on what type of Pool installed. Prefab Sheds: $30.00- For any Pre Assembled Shed in excess of 100 Sq. Ft. Minor Alteration: $25.00- For any Alteration under $1000.00. Sign Permits: $30.00 3. SUBDIVISION AND LAND USE FEES. Subdivisions: Boundary Change - $25.00 Minor: Initial Application — $50.00 + $100.00 for each new lot created 3 Lots or more Initial — $50.00 + $100.00 for each new lot created Payments to be submitted after Preliminary Plat approval and before Final Plat approval. Major: Initial Application — $100.00 After classification to Major — $250.00 After Preliminary Plat approval and before Final Plat Approval — $100.00 for each new lot created & engineer fees, stormwater compliance review fees, legal and notice fees, etc. to be paid by developer. Planned Unit Development — Initial fee $300.00 plus $50.00 for each accepted unit. Wel I D Site Plan Review — $100.00 Sign Permit — $30.00 ZBA Hearing — $100.00 Special Permit — $75.00 Flood Zone Certification — $25.00 Title Search — $25.00 or actual cost Inspections — if made before or after office hours — $55.00 /hour (1 hour minimum) Junk Yard Renewal & License — $100.00 Mobile Home Park License & Renewal — 5 lots or less: $50.00; more than 5 lots: $100.00 Cell Tower Permits — Building Permit fee + minimum of a $25,000 Bond Fly Ash — As agreed upon with AES. Building Permits — per above schedules Electrical Inspection Fees — per above schedules Fire Inspections - Assemblies, Multiple Residences & Businesses — $25.00; Multiple Residences over 5 Units — $50.00 Stormwater & Erosion Control Local Law 01 -05 Application Fee — $250.00 Outdoor Business Inventory Storage — $100.00 Directory — $15.00 Copies of Land Use Ordinance, Subdivision Rules Regulations, Comprehensive Plan — $20.00 each SEQRA: Type II Action. _Set Public Hearing for amending Local Law No 3 for the Year Law No. 2 of 2008): RESOLUTION 08-47 RESOLUTION DECLARING PUBLIC HEARING IN CONSIDERATION OF PROPOSED LOCAL LAW #2 OF 2008 (AMENDING LOCAL LAW #3 OF 2005 — SUBDIVISIONS) cal 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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 Matthew Besemer, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to actual experience and input from the Planning Board and applicants regarding the Town's Subdivision Local Law (Local Law #3 of 2005), the Town Board desires to amend the same; and WHEREAS, such amendments consist of (1) clarifying what subdivisions are exempt from the formal subdivision process, (2) exemption certain one -lot subdivisions; (3) adding procedures for minor subdivisions and one -lot subdivisions that require review, (4) authorizing the Planning Department to issue certain approvals for one -lot qualifying subdivisions; and (4) as necessary, re- numbering the several sections thereof to achieve uniformity; 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 19 37 38 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 13th day of February, 2008, at 6:25 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 Notice of Public Hearing 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. SEQRA: Type II, Approve Money for Historical Building: RESOLUTION 0848 RESOLUTION AUTHORIZING PAYMENT TO COMPLETE CONSTRUCTION AND OBTAIN CO FOR HISTORICAL RECORDS BUILDING 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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 Matt Besemer, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Codes Office has inspected the Historic Records Building and determined that several punch list -type items require completion before a CO may be issued; and WHEREAS, completion of the 5 items specified is estimated to cost $1,300.00, materials and labor included (with most labor being Town - supplied); and WHEREAS, in deliberation of the foregoing, the Town Board has RESOLVED, that the completion of said building and the expenditure of up to $1,300.00 be and is hereby authorized and approved, and the Supervisor and /or Deputy Supervisor are encouraged to cause completion of such building as soon as possible. SEQRA: Type II Action, AUTHORIZE AMENDMENT OF CONTRACT WITH T.G. MILLER: RESOLUTION 0849 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT WITH T.G. MILLER RE ENGINEERING SERVICES FOR 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 Hall on the 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following 20 mom members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town had entered into a contract with T.G. Miller for certain engineering services relating to the construction of CWD Extension 1; and WHEREAS, the Town now desires to amend such contract to have certain inspection services performed by the Town Highway Department instead of by the Town Engineer; and WHEREAS, upon deliberation thereupon, the Town Board has RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized to so amend the said contract by deleting the references to certain field inspections, adjusting the price of such contract, changing the scope of duties of the Resident Project Representative and scope of services for T. G. Miller, and making such other related changes as they deem in the Town's best interests, and that they each be further authorized to execute any such amendment by, for, and in the name of the Town of Lansing, subject only to the advance approval of the language thereof by Town Counsel. SEQRA: Type II Action. HIGHWAY DEPARTMENT'S REPORT: Mr. French stated that there were small flooding problems after the nice weather. Been hauling crusher run. Log Cabin is covered up for protection. Will soon be drilling the well at the gravel bank. Scott Pinney thanked Jack French and Charlie Purcell for all of their help in taking over the inspections on the Algerine Road water project. This will save the Town money. N DEPARTMENT REPORT. Mr. Colt went over the following with the Board: RECREATION Our first time " "Telln will take place lie:re i:n _ \Vlolino Ph% sical Thera mailed to 11dultSvvim. welcome. ess Seminar" is scat for I'uesdav Ja.nuar�- 2211d and the l "o��,�n l- :tall. at 1:00 PM. Lance Lauchle froin py will. be the speaker. See attached letter that was participants and. is available .here. An.v arid. all are Adult Boot Camp fitness training is a brand new progra.in that we area offering under tfie directicara oat Aiidre-vv Cross, a professional fitness traiiier and of Tier of Xt verne� :,itraess. "I'�he prograttr is for participants ages 16 and up rand takes place moritirigs iri the C:ornrntmity C'eriter and evenings iaa the `CocIrat I' J'all. The ernpltasis is on one -t-i.a -tare trai7lirag in a small group settin., rasing a competitive structure, See attached form., 21 40 Our traditior.ral winter programming laas all started or is set to start soon. anti includes: Skating;, Gymnastics If, Karate, Wrestling 11, Adult Open Sw:ina, Aerobic. Step Class and Tavel. Basketball for boti s and gir.Is Leans. We are currently taking registrations for the I?reysident`s Vacation Rock Climbing Camp. This :is a unique prograr-n that takes place at Cornell on. thcx 1.. <i:tadsetlt C:.Iimhi:ag Wall. All. equipment and histruction:is provided by Cornell Outdoor I:;ducatiora. We have offered this program. over the past few years and is <a great opportunity .for our kids. LBP Baseball & LSP Softball program Lim(Jine is set and is attach ed for you to see, We actually had calls w -ith baseball questions last week when it was so warm ? #'()$ Fvaaffi 0 On January 2n" we started taking reservations for Camping and Pavilion rentals in Myers Park. As o today vve, have already rented 957 nights of carnpint anci 25 Pa.vilio:ias. The marina boat Lottery is scat for Wednesday F=ebruary 611, at 7:00 ,11NI herd in the `l - •� -aa Hall. We have 70 slips to fill and Pat has mailed out over :300 applrcationS which as our largest request arnount ever. 'Three years ago we eroded tip with 79 returned applicatio-ii in the lottery, so it- will be interesting t (:) sc5e how rararav arc actually coraapleted and returned by ?/ 6... ® The major part of the bathroonj shower renovation at MyIers has been. coraapleted with the final. cornpletio i to be finished in. March. D- Squared. Coiistruc:trcafa was able to take.', advantage of the war1n weather that we enjoyed. Lust week. Our Surnmer Concert Series as we have it so afar and. f.racludes: 6/26 New Orleans All -Star jazz Brand, 7/3 Steve Southworth and the Rockabilly Rays, 7/10 `L'BA, 7/ °l7 `l'he Ageless Jazz Band, 7/2=1 `l:'BA, 7/31 Aaron Kelly, 8/9 Kip 8r Rich. See attached listing. AUTHORIZE PARKS AND RECREATION USE FEE SCHEDULES: RESOLUTION 08 -50 RESOLUTION APPROVING 2008 PARKS AND RECREATION USER FEES At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Park and Recreation Department Office has concluded its review and made its fee and application recommendations for 2008, and P% WHEREAS, such fees and application fees are based upon the historical costs of performing and providing such facilities and services; and WHEREAS, pursuant to Local Law #2 of 2007 (Park Rules and Regulations), and Section 8(B) therein, the Director of the Parks and Recreation Department is empowered to set and determine user fees, which may, from time -to -time, be amended; and WHEREAS, the Director of the Parks and Recreation Department desires to have Town board approval for the 2008 fee schedules; and WHEREAS, upon due deliberation, it is hereby RESOLVED, that the following fee schedules are approved for 2008 and all subsequent years until further a further Resolution of this Board be made: 2008 PAVILION INFORMATION: 2008 PARK AND MARINA FEE SCHEDULE: RESIDENTS NON - RESIDENTS PARK ADMISSION (per car) $ FREE $2.00 LAUNCHING - per launch 3.00 5.00 - season permit 30.00 50.00 - Sr. Citizen season permit 20.00 40.00 DRY DOCK .seasonal 200.00 300.00 - daily (when available) 3.00 5.00 CAMPING (per night) 20.00 20.00 (Senior Citizen age to 62 — there is NO senior citizen discount for admission, dry dock or camping) Extra Season Launch sticker — Customers with multiple boats may purchase an extra season launch sticker for an additional $5.00. Registration for the additional boat must be shown at the time of purchase along with the additional trailer license place number. BOAT SLIP AND MARINA FEES: RESIDENT NON - RESIDENT 23 al PAVILION SIZE CAPACITY FEE A 40'x30' 150 $40.00 B 50'x30' 200 $60.00 C 40'x34' 150 $40.00 D 48'x36' 200 $60.00 E 36'x28' 100 $40.00 F 36'x28' 100 $40.00 G 36'x28' 100 $40.00 Ballfield 150 $40.00 WHEREAS, pursuant to Local Law #2 of 2007 (Park Rules and Regulations), and Section 8(B) therein, the Director of the Parks and Recreation Department is empowered to set and determine user fees, which may, from time -to -time, be amended; and WHEREAS, the Director of the Parks and Recreation Department desires to have Town board approval for the 2008 fee schedules; and WHEREAS, upon due deliberation, it is hereby RESOLVED, that the following fee schedules are approved for 2008 and all subsequent years until further a further Resolution of this Board be made: 2008 PAVILION INFORMATION: 2008 PARK AND MARINA FEE SCHEDULE: RESIDENTS NON - RESIDENTS PARK ADMISSION (per car) $ FREE $2.00 LAUNCHING - per launch 3.00 5.00 - season permit 30.00 50.00 - Sr. Citizen season permit 20.00 40.00 DRY DOCK .seasonal 200.00 300.00 - daily (when available) 3.00 5.00 CAMPING (per night) 20.00 20.00 (Senior Citizen age to 62 — there is NO senior citizen discount for admission, dry dock or camping) Extra Season Launch sticker — Customers with multiple boats may purchase an extra season launch sticker for an additional $5.00. Registration for the additional boat must be shown at the time of purchase along with the additional trailer license place number. BOAT SLIP AND MARINA FEES: RESIDENT NON - RESIDENT 23 al w If paid in If paid in If paid in If paid in BOAT full by installments full by installments Feb. 6, 1st payment = Feb. 6, 1st payment = LENGTH 2008 Feb. 6, 2008 2008 Feb. 6, 2008 2nd payment = 2nd payment = PER/FT March 7, 2008 March 7, 2008 MIN. 19' $475.00 1St = $237.50 $608.00 1st = $304.00 2nd = $247.50 2nd = $314.00 20' $500.00 1St = $250.00 $640.00 1st = $320.00 2nd = $260.00 2nd = $330.00 21' $525.00 1St = $262.50 $672.00 1st = $336.00 2nd = $272.50 2nd = $346.00 22' $550.00 1St = $275.00 $704.00 1 st = $352.00 2nd = $285.00 2nd = $362.00 23' $575.00 1St = $287.50 $736.00 1st = $368.00 2nd = $297.50 2nd = $378.00 24' $600.00 1St = $300.00 $768.00 1 st = $384.00 2nd = $310.00 2nd = $394.00 25' $625.00 1St = $312.50 $800.00 1st = $400.00 2nd = $322.50 2nd = $410.00 26' $650.00 1St = $325.00 $832.00 1st = $416.00 2nd = $335.00 2nd = $426.00 27' $675.00 1St = $337.50 $864.00 1 st = $432.00 2nd = $347.50 2nd = $442.00 28' $700.00 1St = $350.00 $896.00 1st = $448.00 2nd = $360.00 2nd = $458.00 29' $725.00 1s'= $362.50 $928.00 1st = $464.00 2nd = $372.50 2nd = $474.00 30' $750.00 1St = $375.00 $960.00 1st = $480.00 2nd = $385.00 2nd = $490.00 BOAT SLIPS WITH ELECTRIC ADD: $150.00 $200.00 SEQRA: Type II Action. Approve Audit. RESOLUTION 08 - 51 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: 24 f t ; to RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: CONSOLIDATED ABSTRACT # 001 DATED 1/16/08 AUDITED VOUCHER #'s PREPAY VOUCHER #'s 1-38 1 AUDITED TA VOUCHER #'s 1 - 3 PREPAY TA VOUCHER #'s 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 Vote of Town Board Approve Minutes: TOTAL $ 511014.82 $ 38.75 $ 471660.94 Me ... (Aye) Matt Besemer, Councilperson ... (Aye) Marty Christopher, Councilperson ... (Aye) Bud Shattuck, Councilperson ... (Aye) Connie Wilcox, Councilperson ... (Aye) A. Scott Pinney, Supervisor A copy of the minutes of January 2, 2008, 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 08 — 52 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the minutes of January 2, 2008 are hereby approved as submitted. 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) A. Scott Pinney, Supervisor 25 WHI d APPROVE FINAL ORDER — ROBINSON CWD BOUNDARY EXTENSION: RESOLUTION 08 -53 RESOLUTION ADOPTING FINAL ORDER RE ROBINSON CWD BOUNDARY EXTENSION 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 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners Michele Robinson, 9 20), have petitioned District ( "CWD ") to st is surrounded by the of a certain lot within the Town of Lansing, Michael and Atwater Road (Town of Lansing Tax Parcel Number 37.1-5 - the Town to consider extending the Consolidated Water ich parcel as such parcel qualifies for back -lot treatment and 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 to such property and thus amending the boundary of the CWD; and WHEREAS, the easements to permit such extension already exist and the Town Engineer 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 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing issued an Order (i) declaring and approving the MPR, (ii) declaring that the MPR is complete and accurate, and was prepared in accord with the NYS Town Law, (iii) describing the boundaries of such CWD extension, (iv) identifying the construction and improvements, (v) identifying the maximum amount proposed to be expended for improvements and determining the one time hook -up and connection fees, (vi) determining that no district financing is applicable to this project, all of which costs have been paid solely by the owner, (vii) ordering the MPR to be available for public review and inspection at the Town of Lansing Clerk's Office, (viii) setting a public hearing to consider and discuss the formation of the CWD Expansion by Boundary Change in accord with law, and (ix) directing the Town Clerk to publish and post such Order and Notice of Public Hearing in accord with law; and WHEREAS, it was determined that the matter was an Unlisted Action, and the Town Board issued a Notice of Intent to act as Lead Agency for environmental review and identified all Involved and Interested agencies, and duly scheduled a 0 W public hearing to consider the environmental impacts of the proposed project; and WHEREAS, a Negative Declaration was duly determined and declared; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing duly resolved and determined that (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the District Boundary Extension are benefited thereby; (iii) all benefited properties and property owners are included within the District Boundary Extension; and (iv) that the establishment of the District Boundary Extension is in the public interest; (v) that the boundaries of said District Boundary 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 parcel numbers, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office: Town of Lansing Tax Parcel Number 37.1 -5 -20 (Michael and Michele Robinson, 9 Atwater Road); all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and WHEREAS, the proposed of Town of Lansing Consolidated Water District Boundary Change was approved by Resolution 07 -251, subject to a permissive referendum, and the Town Clerk has certified that no petition or request for a referendum was received and she has or will promptly file such Certificate with the County Clerk pursuant to Town Law §209 -e; and WHEREAS, the CWD Boundary Extension was authorized to be constructed as set forth in the Order calling a public hearing, at a cost not to exceed $0.00, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said Boundary 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; 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, or required due to the passage property or project have occurred, review as soon as is possible in goals and requirements of SEQRA that no additional SEQRA of time, as (i) no signific and (ii) the Town finds that relation to any project is and it is further review is necessary ant changes in the conducting SEQRA consistent with the RESOLVED AND SO ORDERED, that the Town of Lansing Consolidated Water District Extension for Robinson be and hereby is approved and established; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed District Extension are inclusive of the following tax parcel numbes, and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: Tax Parcel Number 37.1 -5 -20 (Michael and Michele Robinson, 9 Atwater Road); all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated, which property the Town Board has determined, and hereby again determines, is especially benefited thereby; and it is further RESOLVED AND SO 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 $0.00; and it is further 27 O; RESOLVED AND ORDERED, that the Town Clerk file a certified copy of this Resolution and Final Order issued under Town Law §209 -f 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. AUTHORIZE PERSONNEL COMMITTEE TO PROCEED: Mr. Pinney read the entire resolution to all present. The following comments were made: Mr. Shattuck stated that the Board has talked about this for the past two (2) years and they need to move forward. Mr. Christopher stated that this is to merely set guidelines so the Personnel Committee can continue to work in the direction that they are going. Once something is set in place and it is pursued, the Planning Board will be then looked at. Mr. Christopher wanted to go on record saying that in the next stages of the whole process, the Planning Board will be looked at very seriously. Mr. Pinney agreed with his statement. Mrs. Wilcox stated that this will be best for the Town. Mr. Shattuck asked if anything else might be put in if deemed necessary. Mr. Pinney said the Personnel Committee is looking at an engineer /planner and as time goes on the Engineer would be doing more and more engineering work, then we may hire a full time planner. Mrs. Wilcox stated that positions could always be established but not filled until needed. Nancy Loncto applauded all of the comments that had been made and to look at the situation thoroughly and in the manner in which the Board is approaching it is in the best interest of the Town and though to look at the Planning Board subsequently is just as valid. RESOLUTION 08 -54 RESOLUTION APPROVING PROPOSAL AND PLAN RECOMMENDED BY PERSONNEL COMMITTEE AND AUTHORIZING THE PERSONNEL COMMITTEE TO PROCEED TO IMPLEMENT PLAN At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, for over 2 years, the Town Board and individual Town Board and Planning Board members have been receiving complaints from developers, applicants, the public and the Planning Board about process, procedure, service, and comportment issues within the Planning Department; and WHEREAS, for over 2 years, the Town Board has been examining the processes, work load, work flow, management, structure and organization of the Town's Planning Department; and WHEREAS, in November and December of 2006, in an effort to improve the efficiency and quality of service of the Planning Department, the Town adopted 47 an interim organizational chart for the Planning Department, created the position of Environmental Planner, and filled such position; and WHEREAS, the Town has since continued to receive complaints from developers, applicants, the public and the Planning Board about procedures, service and comportment issues within the Planning Department, has incurred many excess expenses and liabilities arising from these complaints, and many of the complaints having been deemed founded; and WHEREAS, the Town Board recognizes that after the reorganization of the Planning Department in November and December of 2006, such problems have continued and the Planning Board and Town staff have become vocal about the difficulties encountered by developers, applicants and the Planning Board in working with the Planning Department; and WHEREAS, in its Organizational Meeting, the Town Board re- constituted the Personnel Committee and directed the Personnel Committee to, among other things, examine the positions, rosters, and organization of the Planning Department and to make determinations and recommendations relative to the organization, job descriptions, and work and work loads and processes of the Planning Department; and WHEREAS, the Personnel Committee was directed to report its findings and recommendations to the full Town Board; and WHEREAS, the Personnel Committee has interviewed numerous people, including employees of the Planning Department, and examined the Town's job descriptions and civil service rosters and compared and contrasted the same with the structure and descriptions created by other Towns; and WHEREAS, the Personnel Committee made the following findings: (1) the Planning Department has no managerial position or departmental leader as based upon the civil service job descriptions and rosters of the Town of Lansing, except it is noted that the Zoning /Code /Fire Enforcement Officer position description lists, among other duties, the administration and management of the department as a job function, though it is further noted that at the time such position was created the Town had a Codes Office, not a Planning Department as it now has and /or needs; (2) although there was an agreement to have the Environmental Planner act as supervisor of the Planning Department, which the Environmental Planner agreed to, supervision and management have been weak and /or sporadic and some of the strongest complaints arise within the Planning Department and from the Planning Board; (3) although there is a failure of supervision and management in the Planning Department, such finding does not, and shall not be construed to, reflect upon any person in any position in the Planning Department as (i) no current job description lists supervisory responsibilities within a, or the, Planning Department, and (ii) the failure in the Planning Department is deemed to arise mainly, but not exclusively, from structural failures and inadequacies, including, but no limited to, outdated and incorrect job descriptions, prior job duty divisions and changes, and the lack of a proper structure, organizationally and by job description, for a Planning Department; (4) that the position of Environmental Planner be eliminated as, in part, the job description defines tasks instead of duties and such tasks have in some cases been long completed, and as, in part, some of the duties of such position are actually being performed by third parties and not by anyone in such position, and as, in part, many of the tasks are not being performed, partially due to the time displacement occurring by the agreement to add managerial responsibilities; (5) that the positions of Code Enforcement Officer and Building Inspector, as such positions have come to be known, be consolidated for economy, to save money and avoid duplication of roles and /or services; (6) that a new position be created to manage and supervise the Planning Department and planning functions, and that such position have certain minimum requirements, including, but not limited to, a background and /or degree(s) in civil engineering �7 e° • and /or civil planning, with such position have the title of "Planner /Engineer" of Planning" and to have such duties and qualifications as are further recommended by the Personnel Committee, working in conjunction with the Tompkins County Personnel Office and others; (7) that no job description within the Planning Department/Codes Office be eliminated or created so as to target any person in such position; (8) that no job description be created with a design to specifically qualify any person for such position — instead, that such positions be created and duties described based upon the current needs of the Town relative to planning and planning functions; (9) that any displaced worker be given all rights of seniority, if and as applicable, and that, again if and as applicable, each such displaced person, if any, be placed upon the preferred eligible list; and (10) that any displaced employee be eligible for application to any new positions created or vacated if requisite qualifications are met; and WHEREAS, the Personnel Committee desires that the Town Board examine the particulars and details of this plan and authorize the Personnel Committee to proceed with developing changes to the Town's Civil Service Roster, the adoption of new job titles and descriptions, with recommendations as to grading, pay and qualifications, all of which further recommendations shall be presented to the Town Board for approval and formal implementation as soon is reasonable; and WHEREAS, upon a review of past plans and notes, in consideration of the complaints received, considered and deemed founded, and upon due deliberation upon all of the above and the plan and recommendations of the Personnel Committee, the Town Board of the Town of Lansing has hereby RESOLVED, that the plan and recommendations of the Personnel Committee be and are hereby approved, and the Personnel Committee be and is hereby directed to develop such job descriptions and organizational and flow charts for the Planning Department as it deems advisable or necessary, and to act with an eye towards economy to save money for the Town while providing superior services to its constituents, and that the final recommendations of the Personnel Committee be formally presented to the Town Board for final review, approval and implementation as soon as is reasonable. SEQRA: Type II Action. BOARD MEMBER REPORTS: Bud Shattuck: Sewer/ Special Meeting Will look at EDU costs for the Warren Road Business Park at a meeting tomorrow. Mr. Shattuck also proposed that there be a Special Meeting on January 30, 2008 at 6:00 p.m. to set a Public Hearing and SEQR for adoption of the sewer district. E -mail from 21St Century: He received an e-mail from the 21St Century regarding the transportation issues. He was concerned about the truck traffic in the Town of Lansing. He felt someone should respond to it. Matt Besemer will get back to them and attend the meeting. Recoup some costs from the Sewer District: T.G. Miller has put together a final plan and sent it to the DEC to try to recoup some of the costs of the original sewer district. Mr. Shattuck will set a meeting to follow up on this issue. c Council of Government Meetings: He informed Mr. Pinney that they have a health care consortium in which they are looking for feedback from each of the municipalities. He stated that there are a lot of unionized areas already. He asked Scott to look it over. Tompkins County Municipal Officials Meeting: Mr. Shattuck and Mrs. Wilcox are both officers of this Committee. There was a small group that attended the meeting last night. They are trying to reorganize this association. They will talk to other municipalities at the New York City training. Matt Besemer: He passed out modifications and changes that the Planning Board is recommending the Town Board make to the Town Zoning Ordinance. Nancy Loncto thanked the Board for the opportunity to participate in the consideration of changes to the Town Zoning Ordinance on behalf of the Planning Board. She stated that every formal response in the chart (over 100 items) have been discussed at least three times by the Planning Board over the last year. She is looking forward to a response from the Town Board and hopes the public will get involved in this project as it moves forward. Mr. Pinney stated that he would like to set up an ordinance review group and hold a public meeting on Thursday, January 31St, 2008 at 4:00 p.m, to go over the proposed changes. The Board agreed with this and the meeting will be posted on the bulletin board and on the Town's web page. Bud Shattuck: ZBA Meeting: At the ZBA meeting held last night a person came forward that had been denied a permit to run his business after he subdivided his property as his property would now be in R3 where it is not an allowed use. The ZBA set a public hearing to act on it as a denied use. Mr. Shattuck felt the Town Board could set a public hearing for a land use change. Nancy Loncto stated that a professional needs to look at the definitions in the zoning ordinance. Marty Christopher: Nothing to report at this time. Connie Wilcox: Farmers Market: Connie Wilcox stated that she will set up a committee to look into the possibility of having a Farmers Market. All thought this would be a good idea. She will keep the Board informed. Scott Pinney: The advertisement will be in the Ithaca Journal tomorrow for the Town to hire a Police Officer to replace our Town Constable. A Town of the first class, which we are, has to have a Police Officer, not a Town Constable. Scott Ferris has been notified and will receive an application. The ad will also be in the Lansing Star for anyone who is interested. AUTHORIZE PAYMENT TO ADHAN• 31 49 RESOLUTION 08 -55 RESOLUTION AUTHORIZING CONDITIONAL ISSUANCE OF PAYMENT TO ADHAN PIPING FOR CONSTRUCTION WORK AND SERVICES FOR 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 Hall on the 16th day of January, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, 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: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Adhan Piping ( "Adhan ") was duly contracted to complete certain applications and provide materials, work and services relating to the excavation and installation of water mains and appurtenances for CWD Extension 1; and WHEREAS, Adhan has submitted an invoice for payment of $176,795.95 for materials, work and services completed, but Adhan has not yet complied with certain contract requirements relating to MWBE certifications pursuant to EFC requirements; and WHEREAS, in deliberation of the foregoing, the Town Board has RESOLVED, that the Town Supervisor and /or Deputy are authorized to issue payment to Adhan when, in either of them) believe that Adhan has either requirements, or (ii) provided sufficient assurance compliance with EFC requirements. SEQRA: Type II Action. Town Council Report: Cemeteries: Supervisor be and hereby their discretion, they (or (i) complied with EFC of present or imminent Mr. Krogh stated that there are 17 cemeteries in the Town of Lansing. He stated that no one can locate one of them that is supposed to be in the Lansing Station Road area. He informed the Board that if cemetery corporations fail, the Town could be responsible for them. Ethic Laws and Disclosure Rules: Mr. Krogh felt the ethic laws and disclosure rules for municipalities need to be updated in our personnel handbook and put into compliance. Executive Session: RESOLUTION 08 — 56 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Shattuck: RESOLVED, that the Regular Meeting is hereby adjourned to go into Executive Session to discuss an employment history of an individual at 7: 53 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 32 G 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) A. Scott Pinney, Supervisor Out of Executive Session: RESOLUTION 08 — 57 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Pinney: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:14 p.m. Vote of Town Board. Vote of Town Board . Vote of Town Board. Vote of Town Board. Vote of Town Board . Adiourn Meeting: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor RESOLUTION 08 - 58 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Besemer: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 8:15 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) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. 33 51