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HomeMy WebLinkAbout2008-05-21REGULAR TOWN BOARD MEETING Date: May 21, 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. Clarify Procedure for Zoning Ordinance Change 5. Privilege of the Floor: Anyone wishing to address the Board please approach the podium and state your name and address. 5 Minute Limit 6. Shared Municipal Health Benefits 7. Lease.Agreement - Ray Sill 8. Amend Town of Lansing's Water Collection Due Date 9. Engineer's Report 10. BAN Resolution CWD Ext. #2 (Drake Road) 11. Set Public Hearings for Warren Rd Sewer Ext - SEQRA & Proposed District 12. Highway Superintendent's Report 13. Sunpath Roadway and Waterline 14. Planning Department Report 15. Set Public Hearing for Annual Storm Water Report 16. Parks and Recreation Report 17. Approve Audit 18. Approve Minutes of April 16th & 25th, 2008 19. Board Member Reports 20. Town Counsel Report 21. Executive Session if Needed 22. Adjourn Meeting 189 May 21, 2008 191 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor A. Scott 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 VISITORS: Jack French, Cricket Purcell, Dave Herrick, Dave and Joyce Heck, Victor Mancini, Martha Lyon, David Dubin, Dorothy and M. Krizek, Marilyn and Roger Hagin, Richard and Mary Schyler, Albert Lacko, Mary Ellen Lane, John O'Neil, Mary and David Banfield, Deborah Trumbull, Gere Gay, Jim and Kay Staid, Tim Ashmore, Doug McEver, Dan Veaner, Jim Eyster, Brenda Walsh, Brian Siddall, John and Dolores Hicks, Scott Hicks, Duane and Vivian Smith, Kenneth Felch, Ted and Martha Laux, Virginia Gould, Robert and Jan Nagel, Nancy Loncto, Lee and Bill Sims, Heidi and Fran Kallfeltz, Jo -Ann Mancini, Matt Cooper, Louise Barr, Skip Hardie, Don Halseth, Robert Cowie, Donna Scott, Claes Nyberg, Marcy Rosenkrantz, Roger and Ruth Hopkins, Dan Konowalow, Frankie Lechner, Robert Sullivan, Floyd Davis, Larry Fabbroni, Tom LaVigne, Ron Seacord, John Bailey and a few other residents. The Supervisor led all present in the Pledge of Allegiance. Supervisor's Statement: Mr. Pinney read the following statement at the beginning of the meeting: Thanks to all for coming to tonight's meeting. Given recent events, I am taking the unusual step of making an opening statement about tonight's meeting and I hope you will listen carefully to the following facts. am aware that the Planning Board, and /or some of its members, have recently taken some extraordinary steps relative to the first draft Zoning Ordinance, including newspaper interviews, the placement of a paid advertisement, and the dissemination of emails via some sort of mail tree or listserve. Unfortunately, these efforts were mis -timed and misplaced, and the information so conveyed was simply wrong. There was a first draft of the Zoning Ordinance that was presented by the Town Board to the Planning Board, the ZBA, the County Planning Department, the public, and which was filed at the Town Clerk's Office for public review. That first draft was the subject of joint Town Board, Planning Board and ZBA meetings, and a public hearing was held thereupon. Several concerns were expressed by the public and the Planning Board, the ZBA and the County Planning Board. The Town Board considered such concerns and requests and has substantially changed such first draft. The Town Board is in the process of submitting for official consideration a second draft that is substantially and materially different from the first draft presented. Thus, the information disseminated by the Planning Board was misleading and wrong. These changes should also show you, contrary to rumor and the recent spate of advertisements and emails, that 1 192 the Town Board is listening to comments and concerns and taking them quite seriously. Please understand that the amendment of a Zoning Ordinance is a process. While I do not know how many drafts may be generated to address concerns and objections from the public and others, the Town, contrary to published fears and rumors, is proceeding rather slowly. This second draft will be finalized and re- submitted to the Town Clerk for filing for public review and comments. The second draft will also be submitted to the Planning Board, the ZBA, County Planning, New York State, the public, and neighboring communicates for review and comment. Further, this second draft will be the subject of public information sessions, more joint meetings, and multiple public hearings to consider its terms and the environmental impacts thereof. It is likely that a third, or even a fourth, draft will be subjected to that same process. Therefore, to the extent you may be attending this meeting to present comments upon what you were led to believe is under consideration for zoning in the Town of Lansing, I encourage you to reserve such comments until you actually see correct and accurate information concerning what is and what is not being proposed and considered. Further, such comments are more appropriate for the information sessions, joint meetings and public hearings. To be sure, the Town Board is very interested in all comments, but the Zoning Ordinance is not upon tonight's Agenda — for the simple reason that the second draft is not yet ready. It is expected that the second draft will be considered at next month's meeting. 'The Town has scheduled other official business for tonight, and it would be greatly appreciated if you would reserve such concerns and comments for a meeting where zoning is to be a topic of discussion. Thank you for your anticipated courtesies in this regard. Jim Eyster's Statement: Mr. Eyster read the following statement: My name is Jim Eyster. I live at 1 Fiddlers Green, Lansing. I have been a resident of the Town of Lansing for 14 years and am a chaired professor emeritus in real estate at Cornell University. I would like to make several comments to the Board that I think could be useful as it moves forward in developing a re- zoning proposal. First, the Town put in place just four years ago what I consider to be a well - researched well- conceived, and well- vetted zoning ordinance that established protected residential zones and well- defined zones for business and commercial development. Much of the area designated for business and commercial development remains undeveloped today. Second, the proposed zoning changes that were published in the May 12, 2008 edition of the Ithaca Journal which I understand are still in some flux today, contain terms which are virtually unheard of when compared with established and accepted re- zoning practices throughout the United States — the proposal that would permit and encourage the significant commercial and business development to move into all existing residential zones without limiting the locations of this development to specifically designated areas within these residential zones. In other words, residential zones would become, in effect, mixed -use zones. To me, it is mind - boggling that the Board would even consider such a proposal. The results would be: (1) denigration of the peace and integrity of our residential neighborhoods: (2)continual uncertainty by residents about the incursion of commercial and business developments into their communities; (3) a decrease in 2 193 property values since present protections are erased; and (4) almost certain lawsuits brought against the Town and its Board members since the proposed re- zoning changes are so far out of line with well - established, accepted re- zoning practices. There is a workable solution to the above that adheres to the accepted re- zoning practices used by the rest of our country. First, the Town Board and the Town Planning Boards together would identify and document the need, if it exists, for changes. Second, if a documented and real need exists for additional business and commercial development, the Boards together would identify specific, well - defined parcels or tracts to accommodate the need. This would be done without invading on a wholesale basis the Town's established residential zoning designations. Third, the Boards together would endorse the proposal and present it to the community for public comment and take into serious consideration the content of that comment. This is the zoning - change process adhered to and used by Towns throughout our country. I strongly urge the Board to respect accepted zoning practices by proposing that commercial and business changes, if the need exists, be made only for specifically- designated land parcels and tracts. Zoning changes that would permit business and commercial development to invade and intermingle with established residential communities would gut existing residential protections and be a travesty to the integrity of the zoning process and to the residents of the Town. Please read a copy of this letter into the Town Board's minutes to this meeting. Thank you. Fran Kallfeltz, Mr. Kallfeltz stated that he agreed with Mr. Eyster. If the Town is looking into expanding commercial and business zones to already existing residential areas, this would not be something he would applaud. Connie Wilcox. Mrs. Wilcox asked the audience to bear with them as the information that several of the Planning Board Members put forward was not the correct information, it was way too soon to put any of it forward. On April 23rd, the Town Board had a joint meeting with the Planning Board. On April 30th, the Town Board met and went over the zoning ordinance and she stated that they still have to go through it again. Many items were changed back to what they originally were. It was unfortunate that there was a publication in the Ithaca Journal on May 12th because it was a lot of misinformation which caused a lot of people to be very upset that did not need to be. Mrs. Wilcox stated that there will be more meetings (including Saturday meetings) and that it will not be done without comment from the public. Nancy Loncto. Mrs. Loncto made the following points: She expressed appreciation for the publics' attendance and Mr. Eyster's thoughtful remarks. She stated the intention of the May announcement was to encourage awareness on the part of the public. The announcement clearly indicated that the items were proposals. 3 194 She also referred the public to the minutes of the April 23rd joint Town Board /Planning Board meeting for additional information. She indicated that all of the "proposed changes" were all possible today though a PDA process and in response to Connie Wilcox's statement that Planning Board members did not inform /consult the Town Board, she stated that indeed members of the Planning Board met with the Town Board liaison to the Planning Board to inform him that this would be occurring. Dave Heck —16 Ladoga Park: Town Mowing: Mr. Heck thanked the Highway Department for their mowing job before the entrance to Myers Park. He also asked this to be done a week before the July 4th weekend and before the Harbor Fest. Railroad Crossing and Trains: He asked if the Town has had any complaints on the train and what has been taking place. Mrs. Wilcox informed him that we have had complaints. He explained to all present, how the train operates and sits on the tracks, blocking crossings. Mr. Pinney informed him that he would try to contact the Railroad Company and discuss this problem with them. He will get Mr. Heck a contact number. Skip Hardie: Mr. Hardie urged the Town Board to look into the train problem in Myers. He felt this was a huge safety issue and should be considered an urgent matter and to address this quickly. He encouraged the Town to get their attention by more than a phone call. Mr. Krogh stated that the regulations of the railroads are largely granted by Federal Law, however Towns, unlike Villages, do have the ability to condemn through eminent domain, a right -of -way across a railroad for the purpose of a Town road but that is a very lengthy procedure. He did not feel this would not be an efficient way either time wise or monetarily to get control. Mr. Pinney stated that at least one person has a right -of -way in his deed to cross the crossing and they are working on trying to keep it open. - Water to a Lot on Mu Mr. Hick's presented a map to the Board and asked that he be allowed to extend water to a lot he owns. There was some questions as to whether it is in a present district or not. Mr. Herrick will look into this and if it is in the district, he could move forward with a map, plan and report, therefore the Board made the following resolution: RESOLUTION 08 -138 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 21st day of May, 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 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: In RESOLVED, that the Town Engineer is hereby authorized to proceed with the map, plan and report for the John Hicks CWD Extension if said parcel number 42. -1 -1.122 is proven to be in a water district at this time and; BE IT FURTHER RESOLVED, if said parcel is found not to be in a water district, the Engineer is to wait for confirmation from the Board before proceeding with a map, plan and report. Scofield Road Speed Limit. Mr. Shattuck handed in a letter from Carol Ingles from Scofield Road asking the Town to reduce the speed limit. Mr. Shattuck explained the process to her and she will contact Mr. French directly. Shared Municipal Health Benefits: Shared Municipal Health Benefits Grant — Phases 2 & 3 Consultant RESOLUTION NO. 08 — 139 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: WHEREAS, the Tompkins County Council of Governments (TCCOG) recognized the due diligence performed by the Health Insurance Steering Committee in recommending Locey & Cahill, LLC as the Phase I consultant for the Shared Municipal Services Incentive (SMSI) Health Benefits grant project, and WHEREAS, the County, on behalf of the Steering Committee issued a Request for Proposals (RFP) for a consultant for Phases 2 (plan design) and 3 (implementation), and WHEREAS the Steering Committee reviewed several proposals, and interviewed four firms, and WHEREAS, the Steering Committee determined that the best qualified firm is Locey & Cahill, LLC, and recommends that they serve as the Phases 2 and 3 consultant for TCCOG, now therefore be it RESOLVED, that the Tompkins County Council of Governments (TCCOG) selects Locey & Cahill, LLC as the Phases 2 and 3 consultant, and RESOLVED, further that the Tompkins County Council of Governments (TCCOG) requests that Tompkins County enter into a contract, on behalf of TCCOG, with Locey & Cahill, LLC for Phases 2 and 3 consulting services, and that 100% of the consultant's fees paid are through the SMSI Health Benefits grant. 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, Town Supervisor Lease Agreement with Raymond Sill• RESOLUTION NO. 08 —140 P X95 196 RESOLUTION AUTHORIZING AND APPROVING RENEWAL OF SILL FARM LEASE 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 21st day of May, 2008, the following members being present A. Scott Pinney, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Besemer, and the vote was as follows: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has in the past leased real property to various persons for farming purposes; such property being portions of Town of Lansing Tax Parcel Number 31. -1 -16.2 being approximately 55 acres in the Town of Lansing located westerly from and adjacent to the NYS Division for Youth (Gossett Center), bounded on the northerly and westerly sides by the parcels known commonly as Kingdom Farm; and WHEREAS, Raymond Sill leased such property last year pursuant to a written lease (see Resolution 07 -90), and desires to lease such property for the 2008 farming season for crop -based agricultural purposes and the Town is agreeable to the same; and WHEREAS, the Town has no public use or need for the subject property; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the lease of the said property acres to Raymond Sill be and hereby is approved for a 1 -year term, and that the Town Supervisor and /or Deputy Town Supervisor be and hereby are authorized to negotiate such lease terms and execute such lease as is deemed to be in the best interests of the Town. Amend Water Collection Due Date: RESOLUTION 08-'141 RESOLUTION AUTHORIZING THE AMENDMENT OF THE TOWN OF LANSING'S WATER COLLECTION DUE DATE 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 21St day of May 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 Mr. Christopher, and was duly seconded by Mr. 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 Town of Lansing is authorizing the amendment of the Town of Lansing Water Collection Due Date to be the 25th, of the months of February, May, August and November, effective with the August 2008 billing, and WHEREAS, any customer that pays between the 26th and 30th of a billing month without penalty will be written a letter explaining the new due date and the penalty will be waived until May 20, 2009. L* Engineer's Report. Mr. Herrick went over the following with all present: ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Town CWD, Extension #2 — Drake Road • Contract with Adhan has been executed and work is scheduled to begin Tuesday, May 27th at 4 a.m. • All approvals and permits have been received prior to construction. • Substantial completion date is June 30, 2008. Adhan expects to be finished before that date. b. Town CWD, Ext #1 — Algerine and Lansing Station Road • Adhan Piping has been completing restoration work. Asphalt paving was found to be inadequate and Town inspector requested to stop work until suitable equipment, personnel and materials were on site. Adhan has since terminated use of the MWBE subcontractor and is completing the pavement work with their forces. • Substantial Completion certificate is ready to issue once Adhan can locate and repair an apparent leak in the main downstream of the pressure reducing valve station. At that time, the Town will assume responsibility for the main and landowners will be allowed to connect. Should be finalized by May 28tH • Progress Schedule and Budget: => Project is well ahead of original schedule. o Pay Application #3 in the amount of $122,847.22 is acceptable. Project is expected to finish within the original bid amount, inclusive of additional unit price work. • Town Clerk has updated EDU data for the benefited parcels within the district. Further review of the unit tabulation is needed to be certain that the calculations are consistent with 'Schedule B' that was included in the approved Engineer's Report, and not the more recently updated schedule for CWD. The proposed water rates for Extension #1 include cost of water transmission through the CWD system and are intentionally higher than the present CWD schedule. c. Town CWD, Extension #3 — Teeter Road (Cardamone Subdivision) • Review the Engineer's MPR prepared by L. Fabbroni and consider public hearing for SEQR and district extension. 2. Code Enforcement Office and Planning Department a. Lansing Commons (R. Seacord) • Revised schematic plans have been received. Request Board authorization to review technical documents for Planning Board. 3. Sanitary Sewer System Planning and Maintenance a. Warren Road Business Park • The Engineer's Report has been finalized to reflect the Village of Lansing transmission charge as recently described by Mayor Hartill. There will be no one -time connection fee levied against Town customers but the transmission charge will be an annual cost. The May 11, 2008 report should now be adequate for public review. • A SEAR LEAF is needed and Lead Agency notification prior to the SEQR hearing. SEAR Public Hearing for Teeter Road• RESOLUTION NO. 08 —142 NOTICE OF PUBLIC HEARING FOR SEQRA REVIEW FOR TEETER ROAD CWD BOUNDARY CHANGE 7 197 198 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 21st day of May, 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 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, Steve Cardamone and Cardamone Home Builders, Inc. (together, the "Developer ") have requested that the Consolidated Water District (CWD) be extended to cover the whole of the Teeter Road Subdivision, as part of the subdivision is within the CWD and part is not; and WHEREAS, the Developer's Engineer has submitted engineering feasibility studies and plans that show that the project is feasible, which studies and plans have been formalized as a map plan and report ( "MPR ") for the proposed extension, and the Town desires to proceed with formal procedures to amend the boundary of the CWD; 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 an environmental review of the project is necessary to examine the environmental impacts of such proposed District Extension, and review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and accordingly, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1. This action is classified as an Unlisted Action pursuant to 6 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 Comptroller's Office, and the NYS and Tompkins County Health Departments; 4. 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 18th day of June, 2008, at 6:05 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed CWD boundary extension for the Teeter Road Subdivision, 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 at least 14 days before the said public hearing; and it is further I im 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 Action. PUBLIC HEARING — Water District Extension for Teeter Road: RESOLUTION NO. 08 — 143 PUBLIC INTEREST ORDER AND NOTICE OF PUBLIC HEARING FOR TEETER ROAD CWD BOUNDARY CHANGE At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 21st day of May, 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 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, Steve Cardamone and Cardamone Home Builders, Inc. (together, the "Developer ") have requested that the Consolidated Water District (CWD) be extended to cover the whole of the Teeter Road subdivision, as part of the subdivision is within the CWD and part is not; and WHEREAS, the Developer had previously signed a Developer's Agreement to reimburse the Town for all costs associated with the subdivision, including water district extensions, publication and filing fees, and engineering and legal fees; and WHEREAS, the Town Engineer believes that extending the CWD is in the public interest as the district would benefit from a no cost extension and the creation of a loop in the CWD to better serve the residents in that area, and the Town Board has considered such issues and agrees with such assessment; and WHEREAS, the Developer's Engineer has submitted engineering feasibility studies and plans that show that the project is feasible, which studies and plans have been formalized as a map plan and report ( "MPR ") for the proposed extension, and the Town desires to proceed with formal procedures to amend the boundary of the CWD; 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 the engineering report of Lawrence P. Fabbroni, P.E., L.S. dated January 31, 2008 and as last revised May 20, 2008, is hereby found complete and accurate and has been prepared in accord with the NYS Town Law, and which MPR is hereby 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; 9 200 RESOLVED, that such boundary change and extension be and are deemed to be in the public interest and the best interests of affected landowners and others in the Teeter Road vicinity; and it is further RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law §209 -d as follows: (1) The boundaries of the proposed district are inclusive of the following tax parcel number(s), and the assessment map and property descriptions there for are expressly incorporated herein: 37.1 -7 -18.1, which parcels are more particularly shown and described upon the map filed at the Town Clerk's Office and in the MPR, to which reference is hereby made and which map and MPR are expressly herein incorporated; (2) The construction and improvements consist of 579' of 8" watermain, 2 connections to existing CWD pipes, four 1 "service lines, all together with related appurtenances; (3) The estimated cost of the proposed improvements is $40,000.00, which is the maximum amount proposed to be expended by the Developer (there is no cost to the Town for the extension); (4) One time hook -up and connection fees are estimated at $3,509.00; being comprised of Bolton Point connection fees of $250.00, the cost of a %11 meter at $69.00, an inspection fee of $190.00, and 150 linear feet of 1" service lines costing $25.00 per linear foot installed; (5) No district financing is applicable to this project, all of which costs have been paid, or which will be paid, solely by the Developer; (6) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (7) A public hearing upon such proposed district will be held at 6:10 p.m. upon June 18, 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 (8) 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 water use fee of $137.00 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 Action Ron Seacord — Lansing Commons: Mr. Pinney stated that a Public Hearing needs to be set for the SEQR for Mr. Seacord's project. It was stated that a developer's agreement is in place as a resolution was passed at the April 16th meeting. Mr. Seacord stated that he did not receive an agreement yet. Mr. Pinney stated that he has the SEQR but Dave Herrick stated that all involved agencies need to be notified before a Public Hearing can be set. 10 Warren Road Sewer: Mr. Herrick stated that Mr. Cardamone would like to put some of his property into the proposed Sewer District. Mr. Shattuck felt this has been delayed long enough and that the Warren Road Business Park has been waiting a long time to get this District approved. He did not feel they need to be held up again, therefore it was agreed that the Town Board will set a Special Meeting on June 4, 2008 to set a Public Hearing for this proposed sewer district to be held on June 18, 2008. BAN — Water District Ext. No 2 (Cottonwoodsl: RESOLUTION 08 -144 PUBLIC INTEREST ORDER 8< BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE "TOWN"), AUTHORIZING THE ISSUANCE OF $169,800 IN SERIAL BONDS OF THE TOWN TO FINANCE THE COST OF ACQUIRING AND CONSTRUCTING THE WATER IMPROVEMENTS CONSTITUTING THE TOWN OF LANSING CONSOLIDATED WATER DISTRICT EXTENSION NO. 2 (COTTONWOODS SUBDIVISION) (BAN 02 -08 (2008)) 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 21st day of May, 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 Matthew Besemer having recused himself and not having participated in the discussion or consideration of this matter; 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, by Resolution 08 -110, the Town Board issued a Final Order approving the formation o Consolidated Water District #2 pursuant to Town proceedings were duly subjected to referendum as referendum or petition there for was requested or filed); of the Town of Lansing f the Town of Lansing Law Article 12 -A, which required by law (and no and WHEREAS, based upon such Final Order and the clearance letter received from the NYS Comptroller, and based upon the filing of the Final Order, and no request for a referendum having been filed or received, and no challenge to district formation having been made or filed within the time required by law, the Town Board placed the construction of the district extension out for bid and duly awarded the bid to Adhan Pipe; and WHEREAS, the Town has contacted several lending institutions to lowest BAN rates, and has determined that the banking institution with service and lowest rates should issue the funds pursuant to the BAN and find the the best process; 11 201 2O2 WHEREAS, the Town Board of the Town now wishes to appropriate funds for the Project and to authorize the issuance of the Town's serial bonds or bond anticipation notes to finance said appropriation. NOW THEREFORE, THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE "TOWN ") HEREBY RESOLVES (by the affirmative vote of not less than two- thirds of all the members of such body), AS FOLLOWS: 1. The Town is hereby authorized to issue $169,800.00 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the -- Consolidated Laws of the State of New York (the "Law ") to finance the estimated cost of acquiring, constructing and equipping the improvements to be included in the Town of Lansing Consolidated Water District Extension No. 2 (the "Extension ") including the acquisition of lands and easements and other rights therein, and the construction of improvements consisting of water mains and lateral lines, valves, pumps, curb stops, original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements to serve the properties within the Extension, engineering and other preliminary costs, legal expenses and other costs incidental to the financing thereof (the "Project "). The Bond Anticipation Note to be executed by the Supervisor shall be designated as Bond Anticipation Note 02 -08. 2. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $169,800.00, said amount is hereby appropriated therefore and the plan for the financing thereof shall consist of the issuance of the $169,800.00 in serial bonds of the Town authorized to be issued pursuant to Section 1 of this Resolution, or bond anticipation notes issued in anticipation of such serial bonds. 3. It is hereby determined that the period of probable usefulness of the aforementioned specific objects or purposes is forty (40) years, pursuant to subdivision a.1. of Section 11.00 of the Law. 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this Resolution or any bond anticipation notes issued in anticipation thereof, pursuant to Section 107.00(d)(3)(a) of the Law. 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in Section 1 of this Resolution. The Town then reasonably expects to reimburse such expenditure with the proceeds of the bond or bond anticipation notes authorized by Section 1 of this Resolution. This Resolution shall constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by the United States Treasury Regulations Section 1.150 -2. 6. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to Section 1 of this Resolution. 7. Each of the serial bonds authorized by this Resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and bond anticipation notes shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the 12 203 amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. 8. Subject to the provisions of this Resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of bond anticipation notes or the renewals of said obligations and of Section 21.00, Section 50.00, Section 54.90, Sections 56.00 through 60.00, Section 62.10 and Section 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as to the sale and issuance of bonds, herein authorized, including without limitation, the determination whether to issue bonds having substantially level or declining annual debt service and all matters related thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor of the Town, the chief fiscal officer of the Town (the "Town Supervisor "). The Town Supervisor be and he hereby is authorized to execute and deliver such documents as are necessary to effectuate the purposes of this Resolution. All other matters, except as may otherwise be provided for herein relating to such bonds, and including prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds, the date, denominations, maturities and interest payment dates, and place or places of payment, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the issuers not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Law as the Town Supervisor shall determine. Further, the power to issue and sell bond anticipation notes to the Chemung Canal Trust Company pursuant to Section 169.00 of the Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Law. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for one or more of the objects or purposes authorized by this Resolution are combined for sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town Board, then the power of the Town Board to determine the "weighted average period of probable usefulness" (within the meaning of subdivision a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. 9. The Town Supervisor is hereby further authorized, at his sole discretion, to execute a project contract, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond, and, or a bond anticipation note issue. 10. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this Resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code ") and to designate the bonds authorized by this Resolution and any notes issued in anticipation thereof, if applicable, as "qualified tax - exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code. This Resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -1. Other than as specified in this Resolution, no money is, or is reasonably expected to be, reserved, allocated on a long -term basis, or otherwise 13 204 set aside with respect to the permanent funding of the object or purpose described herein. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this Resolution, and any notes issued in anticipation thereof, as excludable from gross income for Federal income tax purposes pursuant to Section 103 of the Code, and to designate the bonds authorized by this Resolution and any notes issued in anticipating thereof, if applicable, as "qualified tax - exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code. 11. The intent of this Resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, and instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of the Town Board, 12, This Resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to cause a copy of this Resolution to be published in full in The Ithaca Joumal, an official newspaper of the Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Law. 13. The validity of the bonds authorized by this Resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. 14. This action was duly classified as an Unlisted Action under SEQRA pursuant to 6 NYCRR § 617, and as such, an environmental review was duly conducted by the Town Board of the Town of Lansing, as Lead Agency, after due delivery of Notices of Intent to all Involved Agencies and Interested Agencies, and by Resolution 07 -117, a Negative Declaration of environmental impact was duly declared. 15. The Town of Lansing hereby finds that the construction of the Extension is in the public interest. The following vote was taken and recorded in the public or open session of said meeting: AYES: NAYS: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; Abstained This Resolution shall take effect immediately. Highway Department's Monthly Report: Towns Mowing Cycle: Mr. French informed Mr. Heck that one Town Employee mows 186.2 miles of road side before starting all over and it usually takes a month to a month and a half before he gets through one cycle. Mr. French also stated that this one 14 205 employee also mows the cemeteries and the water tanks in the Town. The intersections are done first for safety reasons. Records Building: The Highway Department has finished up the records building and Mr. Platt stated that the Certificate of Occupancy has been completed. East Shore Drive Water Line The East Shore Drive water line was repaired last year and final restoration has just been completed. Salt Point: The Salt Point project is complete with a new road around the perimeter of it and some of the brush was cut down and the rest left for wildlife. Some hydro- seeding needs to be done and will be completed soon. Brush and Limb Pick -up: It took a week to complete the Town and one day to complete the Village. Jack is getting quotes for grinding it and it should be ready for Lansing residents in about a month. Mr. Heck asked what about private road pick -up? Mr. French informed him that he could haul it to the Highway Department, Water Main Break: There was a water main break on Portland Point Road. About 6 feet of water line had rusted out. Auction in Palmyra: The Highway Department auctioned off two (2) snow plows and one (1) tag trailer and received $ 60,300.00. Sun Path Road: Mr. Pinney informed the Board and all present that Boris Simkin, who owns property on Sun Path Road, wants the Town to bear some of the expense of a new water line, and would like the Town to waive the responsibility of Mr. Simkin to build the bottom extension of the road to Town specs. Mr. Shattuck stated that he has been on the Board all through the Simkin negotiations and also before, when Jay O'Rear was the owner. He stated that they both knew up front, that before it could be developed, they would be responsible to bring the water up to speed at their cost, along with putting the road in. They would also have to make sure there is another means of access out. Mr. French would have no problem with the road as long as it was built to Town specifications and as long as there was a turn - around at the end of it. Planning Report. Mr. Platt handed out his monthly report and stated that they were down in permits from last year by 2 (the report said 6) but up in project costs by $ 2,967,550.00, which is because of Global Phoenix, Monthly Activitv Report: This is a new report that was put into place a few months ago. He stated that the Planning Board's activity report is available on line. 15 206 Mr. Platt and Mr. Day attend training sessions regularly. Code Enforcement Office Report: A report has been filed with the State of New York which is new beginning this year. Mrs. Wilcox asked if the report was filed on line. Mr. Platt was not sure as Darby and Lynn filed it. Public Hearing for Storm Water Annual Report. RESOLUTION NO. 08 -145 RESOLUTION ESTABLISHING PUBLIC HEARING FOR REVIEW OF ANNUAL STORMWATER REPORT At a Regular Meeting of t the Town of Lansing at 1 following members being Councilperson; Connie Councilperson; and Ma members being absent: n made by motion of Mr. ( and the vote was as foll ie Town Board of the Town of Lansing held in and for ie Lansing Town Hall on 21st day of May 2008, the )resent: A. Scott Pinney, Supervisor; Francis Shattuck, Wilcox, Councilperson; Martin Christopher, thew Besemer, Councilperson; and the following >ne; and the following motion for a Resolution was duly *istopher, and was duly seconded by Mr. Shattuck; )ws: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHERAS, the Town's Annual Stormwater Report is prepared and due for the required annual review pursuant to Local and State Laws and related regulations; and WHEREAS, a copy thereof is or will be timely filed in the Office of the Town Clerk for public review; and WHEREAS, upon due deliberation, 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 18th day of June, 2008, at 6:15 o'clock P.M., to consider the Annual Stormwater Report, 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 th e York, is hereby authorized and directe d published in the official newspaper of copy thereof on with law. SEQRA: Type II the Town sign board Town of Lansing, Tompkins County, New to cause a copy of this Resolution to be the Town of Lansing, and also to post a maintained by the Town Clerk, in accord Parks and Recreation Monthly Report. Mr. Colt went over the following with all present: • 16 RECREATION 207 The baseball and softball programs have almost reached the mid - season parts of their schedules. We have a great group of coaches this year and have achieved better parody in the leagues. Summer baseball and softball opportunities are available for interested players. The registration forms have been distributed. Games typically run from the end of June through the first week in August. Registered players will determine the amount of teams. ® The summer booklet has been available for a couple of weeks now and registrations have been heavy, with several of the programs filling and are closed out. ® This year's booklet offers 45 different activities with a wide variety of choices. New programs for this year are: Music Lessons, Cake Camp, KidFit, Salsa Dance Class and Speed & Agility Camp for sports conditioning. • L • ® Camping opened for the season on May 15th. We are already at no vacancy for many of the weekends and this coming Memorial Day holiday is one of them. The admission gate will open for the season this weekend. ® 1 was contacted today by the Lion's Club and they have set a date of Monday June 16th as the day they will dedicate the gazebo and recognize all of the volunteers that were involved. ® FYI — with regards to the Cayuga Lake Watershed Protection Project, our forms and the Department of State. I have reworked the forms per the NYSD and have gotten them OK'd and earlier this week I mailed them the voucher for payment. We should receive our payment within 6 to 8 weeks. We should be receiving a check for around $47K and change. ® FYI — Court TV will be filming a re- enactment in Myers Park May 27 -30. The actual event apparently took place at Treman State Park when a person went missing back in the mid 1980's. They have a very small crew to do the shooting and it should be interesting. I have a detailed shooting schedule if you would like a copy and I have stipulated to them that there are certain objects in our park that I did NOT want filmed. The producers really like our Park and have done one other re- enactment here. This time we will be receiving a $400 location fee! ® This past week we planted a donated family tree in Myers Park a Crimson King maple. Memorials in Town Parks: Mr. Shattuck asked why there was not a committee in place to decide on all memorials in Town Parks as the Board decided a couple of years ago, when a complaint was filed, that a committee needed to be set up. The Board did this so the Park's Department and the Town would be protected. Mr. Christopher, the liaison to the Park's Department stated that he did not recall being informed about the latest memorial. Tme Programs: for of Lansing) — Recreation Mr. O'Neal asked if Village children were allowed to participate in these programs and if so, how are the Village resident's informed? Mr. Colt stated that they are allowed and the information was in the Village newsletter and is also on the Town's web site. 17 208 Approve Audit. RESOLUTION NO. 08 — 146 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills and to make the following Budget Modifications: CONSOLIDATED ABSTRACT # 005 DATED 5/21/08 AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY CWD EXTENSION #1 Budget Modifications: FROM Al 990s400 A1620.400 Al 990.400 A8020.100 A8020A 00 A8020.100 A8020.100 TO A1440.401 A1620.110 A7110.420 A7410.100 A7510.400 A8020.400 A8745.100 From From From From From From From Contingency Buildings Co Contingency Planner Pers Planner Pers Planner Pers Planner Pers 364-469 364-372 25 -33 33 TOTAL APPROPRIATIONS $ 146,685.62 $ 90,139.15 $ 2,432.39 $ 1339154.99 0.00 $ 51,102.79 $ 0.00 FOR to Engineer - Sewer P &M ntractual to Buildings Hwy Labor to Salt Point Contractual Servcs to Library Pers Srvcs Servcs to Historian Contractual Servcs to Planner Contractual Servcs to Flood & Erosion Pers Svcs A8020.100 A8750.400 From Planner Pers Srvcs to Ag Dev (FPIG) Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Approve Minutes. (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Town Supervisor AMOUNT 10,000.00 1,050.00 25,550.00 35.50 825.00 67.00 1,125.00 10,000.00 im A copy of the minutes of April 16th and 25th, 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 NO. 08 — 147 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the minutes of April 16th and 25th, 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 . BOARD MEMBER REPORTS: Matt Besemer: Nothing to report: Marty Christopher, Nothing to report. Connie Wilcox, Nothing to report. Bud Shattuck: S.P.C.A.: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Town Supervisor Mr. Shattuck informed the Board that TCOG is looking into a three (3) year contract with the S.P.C.A. Mr. Shattuck will attend a meeting tomorrow with TCOG regarding this matter. Mrs. Boles stated that the Town Clerk's are meeting at 12:30 tomorrow regarding the same issue. The Supervisor from Danby will attend both meetings. If it comes to a vote, Mr. Shattuck will vote against a three (3) year contract. Cornell Public Service Center: The Cornell Civic Leaders have a program in place where Towns can apply to receive money for community programs. The application due date is June 20th If approved, the Town could receive $ 51000.00. Scott Pinney: John Bailey — Town's Insurance• Mr. Bailey handed out his proposal and went over it with all present. He stated that he has compared insurance companies and recommended that the Town switch from NYMIR to Selective Insurance as he felt this would be better for the Town at this time. After some discussion, the Board agreed and made the following resolution: ove n's Insurance 19 209 210 Resolution 08 —148 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 18th day of April, 2007, the following members being present: A. Scott Pinney, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mr. Christopher, and was duly seconded by Mr. Shattuck; and the vote was as follows: A. Scott Pinney - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: RESOLVED, that on recommendation from John W. Bailey, CIC, the Town's Insurance Agent, the Town Board hereby authorized and directs the Town Supervisor to execute any documentation needed to transfer the Town's Insurance from the New York Municipal Insurance Reciprocal (NYMIR) to Selective Insurance Company. TOWN COUNSEL REPORT: Guy Krogh: BAN'S Mr. Krogh suggested that the Board authorize Bond Counsel to go to market, consolidate and take advantage of the low rates. Mr. Shattuck does not want to see a BAN's length extended just to get a better rate. Mr. Krogh stated that the rates right now are 2.14 and 2.2. The bookkeeper will look into this and let the Board know what she finds out. SEQR Procedure: With changes in the law and in personnel with the Town, Mr. Krogh stated that we really need to get how SEQR procedures are going to be done and who does what nailed back down. It was felt that when the Planning Department hires another person, it should become part of their job but until then, Mr. Shattuck stated that he would do them in conjunction with the Town Attorney and Town Engineer on a temporary basis. Executive Session: RESOLUTION 08 —149 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Shattuck: RESOLVED, that the Regular Session be adjourned to go into Executive Session to discuss a personnel matter and a problem on Goodman Road, and be it further RESOLVED, that the Highway Superintendent and Deputy Highway Superintendent are invited to stay for the Executive Session to begin at 8:12 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, Town Supervisor 20 Terminate Executive Session: RESOLUTION 08 —150 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Pinney: RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 8:54 p.m. Vote Vote of of Town Town Board. Board . Vote Vote Vote of of of Town Town Town Board, Board . Board . Adjourn Meeting: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Town Supervisor RESOLUTION 08 —151 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Pinney: RESOLVED, that the Regular Meeting is hereby adjourned at the call of the Supervisor at 8:55 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, Town Supervisor Minutes taken and executed by the Town Clerk. 21 211