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HomeMy WebLinkAbout2008-02-27MR• SP Date: February 27, 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 :00 p.m. for Consolidated Water District Extension #2 (Cottonwoods Subdivision) 5, Resolution Scheduling Public Hearing for Zoning Ordinance Changes for March 19, 2008 at 6:15 p.m. 6. Privilege of the Floor: If you wish to address the Board please approach the podium and state your name and address. 7. Approve Minutes of February 13, 2008 and February 15, 2008. 81 Discuss issues with retaining walls in Lansing (Myers) Park Marina, 9, Discuss Zoning Changes 8. Executive Session if Needed 9. Adjourn Meeting SPECIAL TOWN BOARD MEETING February 27, 2008 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room with Supervisor Pinney presiding. Call. The Supervisor called the meeting to order and had the clerk take the Roll A. Scott Pinney Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present Visitors: Matt Cooper, Tom Besemer, Alyssa Lee. Gregory Lawrence and Ron Seacord (6:30 p.m.) The Supervisor led all present in the Pledge of Allegiance. I� RESOLUTION 08 — 85 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing for CWD -Ext. # 2, Cottonwoods Subdivision is hereby opened at 6:01 p.m. 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 blic Hearing on #2: RESOLUTION 08 — 86 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing regarding CWD Ext. # 2 is hereby closed at 6:02 p.m. 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 Approve CWD — Extension No 20 Matt Besemer recused himself. RESOLUTION 08 -87 RESOLUTION APPROVING FORMATION OF CWD EXTENSION #2 RE COTTONWOODS SUBDIVISION i7 i At a Special 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 27th day of February, 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 discussion not having voted hereupon; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Marty Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, and Martin Christopher — aye; and Matthew Besemer having been recused; 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 ( "CWD Extension 2 "), 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, 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 an official 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, a prior Public Interest Order and Notice of Public Hearing was duly issued, a hearing duly held, and in due course, a Final Order Establishing the District was duly had and filed; and WHEREAS, after the initial Public Interest Order and Notice of Public Hearing had been issued and the hearing held, the Town Board, due to potential pricing increases in construction revisited the cost for building the district and the financing thereof, and as a result, an amended cost estimate was prepared that reduced the cost per EDU of the District; and WHEREAS, after the issuance of a Final Order, the cost reductions were placed in an amended MPR, thus necessitating the need for a new Public Interest Order and a new Public Hearing thereupon; and WHEREAS, it was declared that the revised Public Interest Order (dated February 13, 2007) and Notice of Public Hearing superseded the original and prior Public Interest Order and Notice of Public Hearing issued in relation to CWD Extension #2 (dated March 21, 2007, Resolution 07 -62); and WHEREAS, the prior Final Order establishing CWD Extension #2 (dated January 16, 2008, Resolution 08 -41) was duly repealed; and WHEREAS, the said revised MPR was duly reviewed and deemed final, and it was determined that said revised MPR complies with the requirements of Section 209 et seq. of the Town Law; and WHEREAS, the said amended Public Interest Order, among other things, determined and declared: (1) the boundaries of the proposed district as being inclusive of tax parcel numbers 31. -6 -3, 31. -6 -41 31. -6 -51 35. -3 -13.21 35. -3- 13.121 37.1- 1 -1.11 37.1- 1 -1.4, and 37.1- 1 -1.5; (2) what the proposed improvements consisted of, including, but not limited to, pipes, mains and hydrant assemblies; (3) the estimated cost of the proposed improvements as $169,800, which is the maximum amount proposed to be expended; (4) the estimated cost of hook -up fees as $3,482.00; (5) the proposed method of financing the improvements as being through the issuance of a 20 -year serial bond(s) at an estimated interest 2 rate of 5.5 %, with an estimated annual EDU capital cost of $468.00, 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 $137.00, for a total first year's cost of $605.00; (6) that the MPR and revised MPR were and are on file for public review and inspection at the Office of the Town Clerk; (7) that a Public Hearing upon such proposed district was duly scheduled for 6:00 p.m. upon February 27, 2008 at the Lansing Town Hall; and (8) that the MPR duly describes in detail how the financing, hook -up costs, and other costs and expenses, were estimated and computed; 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 of June 20, 2007; and WHEREAS, the said Public Hearing was duly noticed and held, and all interested members of the public were able to speak and present opinions and evidence; 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, 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, 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: (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 is in the public interest; and it is further 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 numbers, and the assessment map and property descriptions therefore 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 it is further RESOLVED AND SO ORDERED, that the establishment of Town of Lansing Consolidated Water District Extension Number 2 be and hereby is approved; 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 3 T00019 • RESOLVED AND ORDERED, that the Town Clerk shall file two certified copies of this Resolution with the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days; and it is further RESOLVED, that this Resolution is subject to a permissive referendum pursuant to Town Law §209 -e and Town Law Article 71 SEQRA: Unlisted Action. Approve Minutes of February 13th and 151th, 2008: A copy of the minutes of February 13th and 15th, 2008, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 08 — 88 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the minutes of February 13th and 15th, 2008 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Privilege of the Floor: No one present had any issues. Retaining Walls in Lansing Park Marina: Mr. Pinney informed the Board that the retaining walls in the marina at Myers Park are falling apart. He had pictures to prove this. Last year and the year before, there was work done on these walls. Mr. Colt contacted the contractor last fall and asked him to come back and fix the failing walls. To date, the Contractor has not repaired the walls. After looking into this problem further, Mr. Pinney found out that all three of the bids that were received for this contract came from the same fax number. Mr. Pinney felt that a combination of poor workmanship and the fact that we have to, at this point, take care of this problem now or face more serious problems in the future could cause the Town to take legal action. This will be discussed further in executive session. e Planninq Board has with the Proposed Zoning Changes: Matt Besemer gave all Board Members a chart of the issues the Planning Board had and went over the major ones with the Board. He stated that they did not feel they have had enough time to review it. Mr. Pinney stated that the timing is important and felt the Board needs to move forward. He also stated that this will be an on going issue and changes will continue to be made. The Planning Board wanted to make sure it fits together with the comprehensive plan. Set Public Hearing for Zoning Ordinance Changes: RESOLUTION 08 -89 I 2A RESOLUTION DECLARING PUBLIC HEARING IN CONSIDERATION OF PROPOSED LANSING ORDINANCE NO.1 FOR THE YEAR 2008 (AMENDING LAND USE ORDINANCE) At a Special 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 27th day of February, 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, due to actual experience and input from the ZBA, Planning Board, and applicants regarding the Town's Land Use Ordinance, and in light of recent amendments to the Town's Comprehensive Plan, the County's Comprehensive Plan, and the nature and pattern of land development and land use in and around the Town of Lansing, the Town Board desires to amend the Land Use Ordinance; and WHEREAS, such amendments consist, generally, of (1) clarifying and expanding the definitions of uses and permitted uses, including, but not limited to business and commercial uses and business and commercial classifications, (2) changing allowable uses in different zones, (3) clarifying certain timetables and requirements as to who approves and /or processes applications and permits; (4) as necessary, re- numbering the several sections thereof to achieve uniformity by, in part, replacing the outdated chart of uses, and (5) correcting errors and typographical errors in the Ordinance; and WHEREAS, after review and discussion of each of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of March, 2008, at 6:15 o'clock P.M., to consider the aforesaid Ordinance, 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; and it is further RESOLVED, that the Codes Office, as soon as is practicable, deliver General Municipal Law § §239 -I, 23 -9m and /or 1239 -n notice(s) to the County Planning Department. SEQRA: Type I. Meeting with Bolton Point: Mr. Pinney and Mr. French met with Bolton Point regarding replacing the waterlines along Esty Drive from the Town of Ithaca town line and proceeding north on East Shore Drive. Mr. Pinney handed out a preliminary cost sheet showing the Towns portion of the project. It was agreed that this needs to be done as Mr. French 5 W0 Wei informed Mr. Pinney that there have been many problems with this line. The Board also felt it should be done at the same time the Town of Ithaca does their portion as this could save money. This probably would not start until 2009 and it would have to be a summer project. The Board felt they should move forward with this project. Mr. Pinney will relay this to the Town of Ithaca. The Town will have 2 railroad crossings and the Town of Ithaca will have 3. They have asked Mr. Pinney to contact the railroad. It was felt that Mr. Pinney could negotiate better as the Town's issues the DEC at Salt Point have been resolved. Mr. Shattuck stated that if the contact from the DEC told Mr. Pinney that the issues at Salt Point have been resolved, that's fine, we're done with it but if he doesn't come right out and say it is fine, we're not done with it. Mr. Pinney will contact the DEC. Personnel Committee: Mr. Pinney informed the Board that the Personnel Committee has been discussing some major issues in the Employee Handbook. They want to try to make everything the same for all employees in the Town Hall. One issue is that people that started before a certain date have the ability to work through their lunch (eat at their desk) and get paid and others that started after a certain date don't have that same ability. Mr. Pinney would like to make it the same across the Board and his personal opinion is that if you work an eight (8) hour shift you should take a lunch break as you would be more productive if you get away from your desk. He asked the Board to think about it. Mr. Shattuck thought that by Law, we had to offer the half hour break. Mr. Krogh stated that Article 10 of the Labor Law does not apply to Municipalities or the State. Mr. Pinney felt all needed to go one way or another. Mr. Shattuck stated that there are different tiers in the retirement package based on certain criteria and everyone who is in the State Retirement System is in a different tier which allow different options throughout your career so stipulating things based on time is really good practice. He felt changes people who were working at a certain time should not be changed but that from this day forward, new employees could be changed and eventually everyone would have the same rules and people that were here prior to making the rules would not be penalized. Mr. Pinney does not agree with Mr. Shattuck and felt all should be the same. It was stated that there were very few employees that are not taking a lunch at this point. The Board was asked to think about it. The other major issue the Personnel Committee is discussing is the hours of operation. Mr. Pinney felt it was very confusing as there are employees that come in at all different times and felt the time should be standardizing it. He felt there were a couple of exceptions that would have to be looked at and if there was an exception, the department head would have to get approval from the Town Board. Mr. Besemer asked if this affected the operations of the Town Hall. Mr. Pinney stated that people ask for special privileges to come in at different times which is up to the department heads. When an employee has the privilege to come in early the Town Supervisor does not know when somebody is coming in as it is not a set schedule. He stated that people are working staggered hours. Mr. Pinney stated that he has been talking to Town residents and this is the feed back he is getting. He also stated that this only applies to the Town Hall and not the Highway Department, Ron Seacord's Proiect: Mr. Pinney. Mrs. Wilcox and Mr. Shattuck met with the DEC and the Tompkins County Health Department regarding Mr. Seacord's project. Mr. Seacord handed out drawings of the proposed project to the Board Members. He is proposing to put a sewage system in that would collect all of the lots together. The DEC and Health Department seemed willing to work with Mr. Seacord and the Town in this project. Transportation Corp. was discussed at the 0 91 meeting but this would take almost a year to be created. Mr. Pinney asked the Board to look at this and decide if this would be something they would really want in this location before Mr. Seacord spends a lot of money to move forward on his project. Mr. Christopher likes the project in this location. In order for the DEC to approve any of Mr. Seacord's plans, the Town would have to agree to take over the sewage system if he does not do a good job. Mr. Shattuck stated that the DEC and the Health Department both felt the system would work so he did not feel the Town's responsibility was the question. He felt the question was, is the plan of putting 33 units into a 13 acre lot that is not an allowable use therefore he felt it would have to a PDA (Planned Development Area) which is a whole different matter. Mr. Pinney stated that he was looking for a general consensus. It was the consensus of the Board that they do like the idea of the project but Mrs. Wilcox was concerned as it is part of the Empire Zone. Mr. Shattuck stated that the Empire Zone could be moved but that he would like the input of the Town Highway Superintendent and the Town Engineer before he moved forward. The Board felt this type of Sewage System would last for quite a number of years. Mr. Seacord stated that when he developed the Industrial Park, he worked with Gary Wood in putting in a retention area that held back 6 acre feet of water. This was built to cover 43 acres of land, which is his total acreage. Mr. Pinney stated that he is totally in favor of the Developers spending the money and putting in these sewage systems. That way, when sewer comes, it will be much easier to hook these developments up. Mr. Pinney asked if a sewer district could be done and the Town take it over right away and charge an operation and maintenance charge each year. Bud felt all charges should go back to the landlord. Mr. Pinney felt it would benefit the Town if a district were set up right away. Mr. Shattuck felt that when a transportation corporation is set up, the Town would be part of the entity and would have a say in how some of the money is used. Mr. Krogh felt the Town might want to see a waste water district formed instead of a sewage district. He was concerned that with phase development, would we end up with one or three developments? He stated that it would be cheaper and faster if the Town were to create a district vs. waiting for a transportation corporation to be formed. Mr. Pinney asked the Board to think about this for a few days as it will set precedence for future developments. A decision will be made at the next regular meeting on March 19, 2008. Subdivision Amendments: Mr. Krogh stated that here have been a number of different groups which include the Town Board, Zoning Office, Town Board, ZBA and the Planning Board that have provided input on amendments to the subdivision rules and regulations. He felt all except the Planning Board were in the same ball park. The Planning Board's position is different than the others as they do not believe that any subdivision should be approved, even a single lot subdivision, without their approval or at least them signing off on it. He asked the Board to decide who will make decisions relative to single lot subdivisions, minor and major subdivisions? He stated that there is a disagreement on this and it needs to be decided. Mr. Shattuck felt it would be the decision of the Code Office in regard to single lot subdivision unless it is done under the old criteria, which states if a lot is subdivided three times within five years it becomes a major subdivision. Mr. Shattuck felt the communication issue needs to be improved between all parties. Mr. Pinney would like to see the size of a single lot become 150 feet of frontage and one acre minimum. The Planning Board was also concerned whether or not private roads would be permitted in subdivisions. Bud felt there could be private roads in subdivisions which don't have to be paved but do have to be built to Town specifications. rA 92 Mr. Krogh will put something together and get it to all Board Members for their approval. Set Public Hearing for an Environmental Review (Ordinance No. 08- 01): RESOLUTION 08 -90 RESOLUTION SCHEDULING PUBLIC HEARING FOR ENVIRONMENTAL REVIEW OF PROPOSED TOWN OF LANSING ORDINANCE 08 — 01 FOR THE YEAR 2008 (AMEND LAND USE ORDINANCE) At a Special 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 27th day of February, 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, due to actual experience and input from the ZBA, Planning Board, and applicants regarding the Town's Land Use Ordinance, and in light of recent amendments to the Town's Comprehensive Plan, the County's Comprehensive Plan, and the nature and pattern of land development and land use in and around the Town of Lansing, the Town Board desires to amend the Land Use Ordinance; and WHEREAS, such amendments consist, generally, of (1) clarifying and expanding the definitions of uses and permitted uses, including, but not limited to business and commercial uses and business and commercial classifications, (2) changing allowable uses in different zones, (3) clarifying certain timetables and requirements as to who approves and /or processes applications and permits; (4) as necessary, re- numbering the several sections thereof to achieve uniformity by, in part, replacing the outdated chart of uses, and (5) correcting errors and typographical errors in the Ordinance; and WHEREAS, the Town Board hereby classifies the proposed action of adopting the amendments and updates to the Town's Subdivision Regulations as a Type I SEQRA action pursuant to 6 NYCRR $ 617.4(b)(1); and WHEREAS, the Town Board desires to conduct a SEQRA review to examine the environmental impacts of such proposed Ordinance No. 08 -01, and to review the same 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 a Type I Action pursuant to 6 NYCRR Part 617.4; 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 Tompkins County Health Department, the Tompkins County Planning Department, the New York State Department of E'� Environmental Conservation, the Town of Lansing Planning Board, and the Town of Lansing Zoning Board of Appeals; 4. The Interested Agencies are determined to be the Village of Lansing, the Towns of Ithaca, Dryden, Groton, and Genoa, and the Counties of Tompkins and Cayuga; and it is further RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of March, 2008, at 6:20 o'clock P.M., to consider a SEQRA review of the environmental impacts of proposed Ordinance No 1 of 2008, 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: Type I Action. Executive Session: RESOLUTION 08 — 91 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 7:20 p.m. to discuss a potential litigation matter regarding retaining walls in Myers Park Marina. 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 RESOLUTION 08 — 92 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated and the Special Meeting be reconvened at 7:40 p.m. Vote of Town Board. Vote of Town Board. Vote of Town Board. Vote of Town Board. Vote of Town Board . Adjourn Meeting: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor RESOLUTION 08 — 93 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: g7 93 RESOLVED, that the Special Meeting is hereby adjourned at the call of the Supervisor at 7:41 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. 10 ,, .