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HomeMy WebLinkAbout2008-09-17x'97 Date: September 17, 20o8 Time: 6:oo p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 49 Privilege of the Floor: Anyone wishing to address the Board please approach the podium and state your name and address. 5. Dog Control 2009 Contract 69 Zoning Ordinance Committee Update 7. Planning and Engineering Department Report Final Order for Teeter Road CWD 8. Highway Superintendent's Report 91 Parks and Recreation Department Report 109 Privilege of the Floor: Anyone wishing to address the Board please approach the podium and state your name and address. lie Approve Audit 12, Approve Minutes 13, Board Member Reports 14. Town Counsel Report 15. Executive Session if Needed 16. Adjourn Meeting 299 September 17, 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. The Supervisor called the meeting to order and had the clerk take the Roll Call. 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, Jeff Overstrom, Charles and Sheila Nedrow, Mary Kelly, Noel Desch, Brenda Robinson, Dave Buck, Bill Gilmore, Joseph Fabo, Cheryl Beach, Evelyn Stevens, Dave and Joyce Heck, Claes Nyberg, Bill Burin, Joann Broadwell, George Broadwell, Donna Scott, Larry Zuidema, Nancy Loncto, Jim Eyster, Madeline Maher, Brian Flannigan, Susan Miller, Brent Zifchock, Nick Barra, Leo Mahool and a few other residents. The Supervisor led all present in the pledge of Allegiance: Privilege of the Floor: Deborah Harper and Melissa Stephenson — 77 Peruville Road: The following letter was submitted to the Town Board: Dear Scott and Members of the Town Board: We are writing to voice our support for continuing the Town's contract with the Tompkins County SPCA. We would rather pay higher taxes for the range of services offered by the TC SPCA than save a few dollars by contracting with an agency elsewhere which does not promise, nor can it deliver, the services currently available. The "bottom line" is often an important element in decisions which affect taxpayers, but good consumers know that there are often times when considering cost alone does not lead to the better product or service. This is one of those times. Choosing the range of services offered by the Tompkins County SPCA contract is of greater benefit to people and animals in the Town, and we believe that the cheaper contract will actually lead to greater cost in the long -run. This is not just an issue for pet owners. We do not own any animals. We are taxpayers, and we vote. Please continue with the SPCA contract as offered by the Tompkins County SPCA. Thank you for your consideration of citizen input. Sincerely, Deborah Harper Melissa Stephenson Mary Kelly: Mrs. Kelly urged the Board not to vote on the dog control until there can be a public hearing. Noel Desch: 300 Mr. Desch asked that the following letter that was addressed to the Town Board and to the Board of Fire Commissioners be a part of the minutes. (Said letter was signed by twenty -four Ladoga Park residents). Dear Gentlemen, September 2, 2008 We the undersigned property owners of Ladoga Park respectfully request your support and aggressive pursuit of the reopening of the private railroad crossing at the north end of Ladoga Park at the intersection with Lake Shore Road. While this crossing is not a public highway we believe that the Town Board and the Board of Fire Commissioners does have a responsibility to restore the proper access for emergency vehicles that we property owners have enjoyed for many decades. The Ladoga Park neighborhood is an important asset of the Town of Lansing. The property owners provide an assessed value of over $5,000,000 which annually generates over $ 12,000 in town tax revenues, $ 5,100 in fire taxes, and over $ 100,000 in Lansing School District taxes. We also note that about one -half of the neighborhood consists of year round residences. We appreciate the interest in railroad crossing safety shown by Norfolk Southern. The new crossing signal on the town road leading to Ladoga Park was placed on a dangerous crossing. However we would like to point out that the closed crossing is one of the safest private crossings along the East side of the lake, much more so than the sight distance afforded on the Myers Road entrance to Myers Park and the Marina. Furthermore the Railroad had just improved the support and pavement of the closed crossing. Under the current circumstances we have only one very questionable point of access for fire equipment to our properties on the easterly half of the neighborhood and NO means of access for the fire equipment on westerly half of the neighborhood. We request that the Town immediately prepare an emergency plan for providing fire protection to our neighborhood and work with us and Senator Nozzolio to convince Norfolk Southern to reopen this critical railroad crossing. Thank you, in advance, for your assistance. Mr. Desch urged the Town Board and the Fire Commissioners to put a lot of pressure on Norfolk Southern to reopen the crossing. Life and property safety needs to be restored. Mr. Pinney stated that the Town will make a phone call to Senator Nozzolio's office to see what they have found out in regards to this matter. Mr. Shattuck stated that this is a real safety issue and felt the Town should remove the barricades and then look at the legal aspects. He stated that he was not willing to risk someone's life or property over a barricade. Brenda Robinson: Mrs. Robinson stated that she was concerned about the contract offerings by Country Acres out of Homer, New York. She stated that the Lansing resident's won't know that they will have to contact Homer for their dog control. She stated that Country Acres will destroy a dog after ten (10) days. The Board informed her that this was not true. She would like to see a vote by the Lansing residents before the Board passes a resolution on this matter. Donna Scott: She reintegrated her support for the SPCA and felt there should be an advertised public meeting before a vote by the Board. Harry Bortz: F He asked the Board to take a field trip to Ladoga Park area and see the pot holes that are 2 to 3 feet deep and the condition of the total area. Susan Miller: Supports the SPCA. There needs to be a broader forum on the issue. She would be happy to pay extra if something happened to her animal. Claes Nyberg: Mr. Nyberg looked at the tarp which covers the log cabin at the Highway ® Department. He urged the Board to get a new cover for it as it is badly deteriorated. He will cover it if the Town buys a tarp. The Town will do this. Nick Barra: Presented a deed dated 7/15/1941 and revised 03/01/1944. He stated that there should be no question that the barriers can be removed. He also presented a map to the Board which shows a right of way. The Board will go over the map and deed. Dave Heck: Mr. Heck stated that the road to the east that the deed refers to is now a Town Road. He felt legal counsel may need to look into it. Brian Flannigan: Asked if Country Acres has the facilities and capacity to take on other Towns considering they have a low kill policy. He was also concerned that the Town will be responsible for all emergency care of animals and felt that emergency care is an important thing. Marty Christopher: Mr. Christopher felt that all the people who are doing all the talking are for the SPCA. He stated that the silent majority have called and asked that they are being represented by not increasing the taxes in order to stay with the SPCA. He stated that the Board needs to look out for all the people in the Town, not a minority. All the Board Members have thought about this issue a lot and when the time comes for a vote, all things have to be considered. Scott Pinney: X01 Mr. Pinney stated that he likes doing business close to or in Town, therefore would like to stay with the SPCA. He stated that both businesses are extremely reputable and they both truly care about their animals but there is a huge difference in ® the price and the Board has to be financially responsible. Bud Shattuck: Mr. Shattuck stated that next Wednesday, the Council of Governments will have their final discussion about the SPCA contract. He would like to wait until that meeting to find out what the total impact will be if enough Towns pull out and the SPCA stops their practice and no longer offers dog control as an option. If something would then go wrong, Mr. Shattuck wants to make sure the Town has done enough research to know where else we could go. He did not think the SPCA would do this but until the meeting, he will not know, therefore he would like to wait until the meeting. He stated that he will probably abstain if the Board votes on the issue tonight based on his explanation. 3 Connie Wilcox: Mrs. Wilcox stated that the SPCA has been great. She stated that the Town stayed with them last year even when they doubled their contract price. She did not feel it was fair for everyone in the Town to raise the taxes a full percentage or more in order to stay with the SPCA. She stated that the Board has to be financially responsible. Susan Miller asked what the price increase would be per thousand of assessed value if the Town were to go with the SPCA. Mrs. Wilcox stated that the Town tax is at $ 1.83 per thousand and could double by the time all issues in the budget have been included. She stated that the SPCA was not the only budget item to be considered. Mrs. Miller felt it is not too much to ask for the Board to tell the people what the actual per thousand dollar figure would be. Mr. Shattuck stated that $ 17,000.00 would raise the taxes a full percent. Sheila Nedrow: Mrs. Nedrow stated that many people are on fixed incomes and the pie is only so big and everybody wants money here and there. She said the library was a good example as everything that doesn't pass gets passed two months later. She stated that she doesn't have the extra money as she is on a fixed income and everything is going up. She stated that if Country Acres will do just as good a job, the Town should let them do it. Mary Kelly: Mary stated that really isn't an issue of people who have animals. It is an issue of people who don't have animals. It is for people who walk out of their house and a stray dog in their yard backs up a little kid. Mr. Pinney agreed 100 %. APPROVE A ONE YEAR CONTRACT WITH COUNTRY ACRES: RESOLUTION 08 -219 CONDITIONAL APPROVAL OF 2009 CONTRACT WITH COUNTRY ACRES FOR DOG CONTROL SERVICES 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 17th day of September, 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 A. Scott Pinney, and was duly seconded by Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — no, Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 4 -1, and was duly adopted: WHEREAS, dog control is a State mandated service in New York State; and WHEREAS, the Town has been examining options relative to contracting -out such services, including with the SPCA of Tompkins County and Country Acres Pet Services; and WHEREAS, upon receipt and review of the bids and services information provided, and upon public comment thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the contract with Country Acres for dog control services for FY 2009 be and hereby is approved subject to the review of Town counsel; and it is further RESOLVED, that upon receipt of such counsel approval as to the terms and language thereof, the Supervisor and /or Deputy Supervisor be and are each hereby authorized to execute such contract by, for, and in the name of the Town of Lansing. SEQRA: Type II Action rd Ell I I, Mr. Shattuck stated that he wanted to explained his vote as follows: He stated that he was completely in favor of Country Acres based on cost alone but because he did not think the Town had all of the information they needed, he voted no. Zoning Ordinance Committee Update: Mr. Besemer stated that the committee met on September 4th for their second meeting and will meet again on September 18tH He stated that they went over the process and timelines. They also talked about the comprehensive plan and how it will be effective or how it will relate to the committees decisions in the future. The 2010 project was also discussed. The 100 item check list will be discussed along with the 2010 project at the next meeting. Planning and Engineering Departments Monthly Report: Mr. Overstrom went over the following with all present: Code Office Monthly Activity Report August, 2008 Planning Board - August 11 1. Site Plan Review - Expansion of existing Auto Repair Business, Keith Armstrong, 43 Lockerby Hill (Approved). Planning Board - August 25 1. SEQR Review, 1 Lot Subdivision, John Hicks, Murfield Drive (Neg Dec) 2. SEAR Review, 1 Lot Subdivision, Bernard & Lisabeth Dubin, Brickyard Rd. (Neg Dec) 3. Site Plan & SEQR Review, Roma Rae, Wild Bird Feed and Accessories Store, 344 Auburn Road (Neg Dec, Approved) Zoning Board of Appeals - August 19 1. Public Hearing, Eric Foster Use Variance, Mobile Auto Repair business, 1 17 Drake Road (no decision, further information needed from Applicant). 2, Public Hearing, Stephen Yager Area Variance, 240 Asbury Road to build Garage closer to side line than allowed by Ordinance (Approved) 3. Public Hearing (s) SEQR and Application for Area Variance by Common Field Inc., Salmon Creek Road to build Log Cabin closer to road than allowed by Ordinance. After discussion, Application withdrawn. 4. Accept Application and set Public Hearing for Area Variance to build a 2 Story Addition closer to road than allowed by Ordinance, Clay Burruss, 278 Bill George Road, 5. Accept Application and set Public Hearing for Use Variance for raising of six chickens to provide hormone and antibiotic free eggs. Applicant: Brian Bartholomew & Jess Smith, 258 Myers Rd. Training /Other Dick -STBOA Mtg - August 27, 2008 5 2U4 Building Code Complaints -1 Construction with no permit -1 Fire Safety Inspections & Reinspections Total: 1 Construction Inspections Total: Approximately 82 Operating Permits Issued August total: 4 2008 Total: 7 New Addresses Total: 5 Expired Permit Notices First notices: 8 Second notices: 2 Renewed Permits - 5 Renewed Permits YTD - 52 Electrical Certificates Issued Total: 13 Electrical Inspections Total: Approximately 45 Warren Road Sewer: Mr. Pinney asked Mr. Krogh what the status was of the Warren Road Sewer Project. Mr. Krogh stated that the Comptroller has received the application and is reviewing it. Mr. Pinney asked Mr. Krogh to contact the Comptroller's Office to see how far along they are. Final Order for Teeter Road CWD: RESOLUTION 08 -220 RESOLUTION ADOPTING FINAL ORDER ESTABLISHING TEETER ROAD CWD BOUNDARY EXTENSION AND AMENDMENT 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 17th day of September, 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 Mrs. Wilcox, and was duly seconded by Mr. Christopher; and the vote was as follows: A. Scott Pinney - Aye, Connie Wilcox -Aye; Francis Shattuck - Aye, Martin Christopher - Aye; 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 6 CWD and part is not, and in furtherance thereof, the Developer 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 Developer's Engineer 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, which MPR was previously approved as final by this Board; and WHEREAS, a Public Interest Order ( "Order ") was issued and a Notice of Public Hearing was duly published and posted, and a Public Hearing was duly held upon June 18, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons were duly heard upon the Order as required by Town Law §209 -d, which Order duly declared and /or described (1) the boundaries of the proposed district, (2) the proposed improvements, (3) the estimated cost of the proposed improvements as $40,000.00, being the maximum amount proposed to be expended (4) the estimated cost of hook -up fees, (5) the proposed method of payment for or financing the improvements (Developer is paying for the improvement, so no municipal financing or funds will .be expended in connection therewith), (6) the annual operation and maintenance costs, (7) the first year cost to typical one and two family homes ($237.00 — CWD O &M fee of $150.00 and average water use fee of $137.00), (8) the Map, Plan and Report as being on file for public review and inspection at the Office of the Town Clerk, and (7) establishing a public hearing upon such proposed district extension; and WHEREAS, the Town Board conducted a SEQRA review and reviewed 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 -162 (June 18, 2008); 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 Board duly 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; (v) that the said District Extension shall be constructed as set forth in the Order calling a public hearing; and WHEREAS, it was declared and determined that boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of Town of Lansing Tax Parcel Number 37.1 -7 -18.1, encompassing all lots within the Teeter Road Subdivision; and WHEREAS, the establishment of the Boundary extension and amendment for the CWD was approved subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7, and no request for a referendum was filed, presented or received; and WHEREAS, the Town desires to proceed towards final 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, upon due deliberation thereupon, the Town Board of the Town of Lansing hereby issues a FINAL ORDER as follows: 7 THE= TOWN BOARD OF THE TOWN OF LANSING HAS: 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 boundaries Extension are inclusive of the following tax parcel numbers, and property descriptions therefore, as are on file with the Office, are expressly incorporated herein: 37.1 -7 -18.1; all Extension Map on file at the Town Clerk's Office, to which and which map is expressly herein incorporated; and it is furtl of the proposed District and the assessment map Tompkins County Clerk's as shown on the District AM reference is hereby made ier 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 $40,000.00, which amount is to be paid by the Developer; and it is further RESOLVED AND ORDERED, that the Town Clerk file (i) a certificate with the County Clerk certifying that no referendum was requested, and (ii) a certified copy of this Resolution 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 Final Order. Highway Department's Report: Mr. French stated that they are finished with the stone and oiling. They are also almost finished with the water repair list from Bolton Point. Mr. French does not have the figures from the Auction yet but will report on it at the next meeting. Exchanging Roads with the County: The County has approached Mr. French in regards to the County exchanging County Roads: Jerry Smith Road, East Lansing Road, and West Groton Road for Cherry Road, Farrell Road and North Lansing School Road. Jack would take over 4.37 miles while the County would take over 3.3 miles. The County would take over the higher volume traffic roads and the Town would get the low volume traffic roads. Park and Recreation's Monthly Report: Mr. Colt went over the following report with all present: 9/17/08 is Town Board Meeting ME MR mum RECREATION ® Fall Youth Soccer has started with over 200 players on .1) different teams at 4 levels of play determined. by player grade. We actually closed the registration process after the deadline and took players to a waiting list that we were able to eventually place. ro Lei Field usage is 7 days per week with our in -house soccer program. playing Monday through Thursday and travel games on the weekend along with Flag Football garn.es on Saturday mornings. ® Flag Football participation this season. is at an program made up mostly of 2nd and 31a gradei for this group and they are currently split into purposes. all time high. We have 40 players in the s. Some travel. games will be scheduled 2 separate teams for management * Flag Exhibition game on Friday night September 261h during; the half -time of the L,a.nsin.g VS Trurnans bit rg varsity game. This is usually= areal. high point for the Flag players. m YFL Teams got off to a great start .last Sunday in their first game of the season against the Ithaca teams. The YFL is full contact football with 2 divisions. The JR Division is for players in grades 4 & 5 and the SR Division is for play =ers in grades b & 7. These teams play a 7 game season with another horne game this Sunday VS Seneca. Falls. On October 1.8th our teams will play "Irumansburg at Cornell University under the lights directly following the Colgate game. Those games will. start at 6 1'it ":I arul 81':11. �1�f have just under 50 players in this proznarn. o Our YFL Cheerleading program has been totally reorganized for this season and we have a J:R level. and a SR .level team u:nde.r the direction. of '.Theresa .A.rr.nstronf;. The program. is VERY organized and is doing well. ® First ever Cross Country Races are scheduled to be here on Saturday September 271h. The races are open to any kids ages 7 -12. This is a cooperative series of races witlr the next race in Groton and the final race in Ithaca. The memorial donations for Paul Butler will be put toward "fence cap" for the fencing near the backstop and outfield fencing around Christopher Field. Additionally, Anne 4 Butler requested. a Red Maple tree to be planted at the baseball fields in his name. We hope to have all of this done within. a couple of weeks. ® Ski Program forms went into the schools today!! Sorry to have to tell you. this with. the weather that we are having now!! The early registration discount period ends October 1801. The program is set to start on January 1.501. ® The Fall Karate program started. on September 8th and the fall Horse Riding and Handling Program starts tomorrow. 0 ® Adult programming that has started. or is about to start is Step Cardio, Adult Open Swim, Volleyball, COED Volleyball, Men's Basketball and Women's Basketball. PARKS ® The annual Vet Watch Fire is this Friday September 1.9th. This will mark the 1.7th year that we have hosted. this event. A brief program precedes the fire that will. take place after dark. 6 Vs ® The p arks area little quieter now and a good time to make .repairs and. start to get ready for winter. We have closed 2 of our camp sites and have improved the grade and to level the sites to make them better. We have some fencing repairs to make in Lud.lowville. We also plan to continue with our tree planting la ter in the fall. ® The camp sites are still active and especially on the weekends with. good weather. ® Playground safety surfaces were discussed in our budget meetings and it was stated that Nike has a program that uses recycled athletic shoe soles and grinds them for several purposes, one being safety surface under playgrounds. I have contacted Nike and have already received. their information and how to .request donations of this material. Despite several bad weather weekends we have exceeded our projected revenue figures for Camping, Pavilions, Admissions, Marina and Dry Dock sales. We fell a little short on Boat Launching (mast likely a combination of weather and fuel costs). ® 1 will be attending the Tompkins County Tourism Grant workshop on September 2.3ra. Specifically we will. be applying again. for the Community Celebrations Grant. This past year we were granted 51,000. Tfie rn.onev was used for reusable signs to promote our Concert Series and. also to pay .for one of the bands that played. in. the series. Privilege of the Floor: Dave Buck. Mr. Buck stated it was unfortunate that the SPCA Contract went to a facility out side of the Town and County but unfortuanetly that' s our times. He said it was sad that people left the meeting after their specific interests were discussed. He stated that the Board has fiscal responsibilities and tough decisions to make. APPROVE AUDIT: RESOLUTION 08 — 221 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 009 DATED 9/17/08 AUDITED VOUCHER #'s 895-999 PREPAY VOUCHER #'s 895-897. AUDITED TA VOUCHER #'s 58-65 PREPAY TA VOUCHER #'s 58-59 10 C[ C. FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY CWD EXTENSION #1 CWD EXTENSION #2 FROM A1440.400 Al 990.400 SW1990.400 TO A1440.401 A8020.100 SW8340.400 TOTAL APPROPRIATIONS $ 47,936.82 $ 110,960.29 $ 1,279.57 $ 5,116.84 $ 45,069.57 $ 28.173.55 ,1 / [Mou Engineer Cont to Engineer - Sewer P &M Contingency to Engineering Planning Prsnl Srvcs From Contingency to Transmission & Dist Contractual 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 APPROVE MINUTES. AMOUNT A copy of the minutes of August 20, 2008, having been given to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION NO. 08 — 222 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the minutes of August 20, 2008 are hereby approved as 0 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 BOARD MEMBER REPORTS: Mr. Shattuck and Mr. Christopher: S09 5,000.00 5,500.00 5,000.00 Nothing to report at this time. Mr. Besemer: Planning Board: The last Planning Board Meeting was canceled due to a lack of agenda items. Mrs. Wilcox: Nothing to report but asked that the following resolutions be adopted. Set and Approve 2009 Water Rates for New Districts: RESOLUTION 08- 223 RESOLUTION SETTING AND APPROVING TOWN OF LANSING 2009 WATER RATES FOR ALGERINE, LANSING STATION AND DRAKE ROADS 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 17th day of October, 2008, the following members being present: A. Scott Pinney, Supervisor; Francis Shattuck, Councilperson; and 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 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: WHEREAS, the Town of Lansing is a signatory to the amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an intermunicipal, water supply and transmission system dated as of June 51 1979, as the same has been amended from time to time, (the "agreement"); and WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as the "Commission "), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, the new Q accounts are not included in the current Town of Lansing Consolidated Water District. THEREFORE, upon due deliberation upon the same, it is hereby RESOLVED, that the Town Board of the Town of Lansing does hereby establish the following water rates for the Town of Lansing residents in the Q account being Algerine, Lansing Station and Drake Roads and future water district extensions: Water Rate Operation and Maintenance Fee TOTAL RATE $2.58 per thousand gallons $1.10 per thousand gallons $3.68 per thousand gallons 12 { �r v : esolution i ter e RESOLUTION 08-224 ina: 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 17th day of October 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 seconded by Mr. Christopher; and the vote was as follows: A. Scott Pinney — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town must set its water rates for 2009 so as to allow Bolton Point to begin first quarter billing; and WHEREAS, upon due deliberation upon the same, it is hereby RESOLVED, that the Town Board of the Town of Lansing does hereby establish the following water rates for the Town of Lansing residents for the year 2009. Water Rate Operation and Maintenance Fee TOTAL RATE Approve SCLIWC Water Rates and Agreement: $2.58 per thousand gallons $ .52 per thousand gallons $ 3.10 per thousand gallons RESOLUTION 08 -225 APPROVING SCLIWC 2009 WATER RATE XECUTION OF AGREEMENT REGARDING D AU NG 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 17th day of October, 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. 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: WHEREAS, the Town of Lansing is a signatory to the amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an intermunicipal water supply and transmission system dated as of June 5, 1979, as the same has been amended from time to time, (the "Agreement "); and WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as 13 $12 "Commission "), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule; and WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS, among other changes, the basic water rate is being increased and the flat rate charge per 1,000 gallons shall be non - fluctuating and equal to two dollars and fifty - eight ($2.58) (this rate is equal to one dollar and ninety -three cents ($1.93) per 100 cubic feet); and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed changes be and hereby are approved, and the Town Board, and the Supervisor and each Councilperson be and hereby are authorized to execute the SCLIWC Bolton Point Water System Agreement to Change Water Rate Schedule by, for and in the name of the Town of Lansing. Executive Session: RESOLUTION NO. 08 226 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Regular meeting be adjourned to go into Executive Session to discuss a litigation matter at 7:18 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Terminate Executive Session: RESOLUTION NO. 08 — 227 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the be reconvened at 7:56 p.m. Vote of Town Vote of Town Vote of Town Vote of Town Vote of Town mourn Meeting: Execu Board . Board . Board . Board . Board. tive Session be terminated and.the Regular Meeting (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson .(Aye) A. Scott Pinney, Supervisor RESOLUTION NO. 08 — 228 IIEJI 1 r LJ Ell RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Besemer: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 7: 57 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. n 15