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HomeMy WebLinkAbout2008-11-19REGULAR TOWN BOARD MEETING Date: November 19, 2008 Time: 6:00 P.M. Place: Lansing Town Hall Board Room AGENDA 1, Call Meeting to Order 2, Roll Call 38 Pledge of Allegiance 4. Privilege of the Floor: Anyone wishing to address the Board please approach the ® podium and state your name and address. 5. Ladoga Park Railroad Crossing 6. Resolution for Salt Storage Ban 7. Resolution to Appoint Stephen Farkas to Youth Service Board 8. Resolution to Amend Lease between Town and LCLC 9. Planning and Engineering Department Report a. Storm Water Local Law b. Triphammer Terrace and Consolidated Water District c. Discussion on Definition of Units for Mobile Home Park for Purposes of the Consolidated Water District - Schedule Public Hearing 10, Highway Superintendent's Report 11. Parks and Recreation Department Report 12. Resolution to Authorize Stephen Colt to Apply for the Safeteas -Lu (Safe, Accountable, Flexible, Efficient Transportation Equity Act) Recreational Trails Program Grant 13. Update of Zoning Committee 14. Approve Audit 15. Approve Minutes of October 15th, 20th, and November 5th, 2008 16, Board Member Reports 17, Town Counsel Report 18. Executive Session if Needed 19, Adjourn Meeting 0 1.47 November 19, 2008 The Lansing Town Board met in Regular Session at 6:00 p.m. at the Lansing Town Hall Boardroom with Supervisor Pinney presiding. The Supervisor.called the meeting to order and had the, clerk take the.Roll Call. ®, A. Scott_ :Pinney Matt Beserrmer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Lorraine Moynihan Schmitt ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present Visitors: Jeff Overstrom, Steve Colt, Noel and Janet Desch, Joseph Fabi, Maureen Baker, Marian and Dave Cutting, Roger & Marilyn Hagin, Dave & Joyce Heck, Pauline & Lou Marca, Darin Buck, John and Mary Orr, Debbie Wells- Clinton, Donna Scott, Dave Buck, Evelyn Stevens, Jon Fenner, Nancy Loncto, Karen Veaner, Sue Ruoff, Leo Mahool and a couple other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Noel Desch: He stated that he owns lake property on Ladoga Park. He stated that himself and his neighbors came to the meeting tonight to discuss the line item on the agenda regarding the railroad crossing at Ladoga Park. He told the Board Members that if they had any questions, they were here to answer them. Nancy Loncto: Mrs. Loncto, who also is a Planning Board member, asked the Town Board to appoint an alternate and an additional Town Planning Board member (to the empty spot) on the Planning Board as soon as possible. She stated that in the interest of the citizens of the Town it is critical and needs to be done as soon as possible. They are having problems coming up with a quorum for the meetings. She stated that she received an email to come to the Town Hall to pick up her Planning Board ® packet. She asked if there could be consideration for the information to be scanned and sent electronically when possible. She felt it will allow them to show information on a screen electronically from a computer and involve the public more in the planning process. She asked if the Board budgeted for the training that the Planning Board Members are required to do. Mr. Shattuck stated that there is some money in the budget but that Cooperative Extension is going to give a presentation to the counsel of governments to discuss their overall plan and to provide the training with anyone within the County with Planning Board, Town Board and ZBA aspects. LADOGA PARK CROSSING: pg. 1 At this point Mr. Pinney recused himself because he is the owner of the company that installed the barricades for Norfolk Southern. Connie Wilcox asked Mr. Desch to approach the Board. She stated that the Board has received a draft resolution that Mr. Desch wrote for consideration by the Town Board. Mrs. Wilcox stated that the Town Board is in support of the barricades being removed but also stated that they have not gotten very far with any of the Federal Representatives. She stated that she attended a Fire Commissioner's meeting and stated that the fire commissioners do not believe there is a safety factor with the barricades in place. After some discussion it was decided that the Board would approve a resolution as read by Mrs. Wilcox and that the property owners would then go to the Fire Commissioners for further assistance. 0 RESOLUTION IN SUPPORT OF REMOVING THE BARRICADES AT THE NORTH END OF LADOGA PARK: RESOLUTION 08 — 253 RESOLUTION OF TOWN BOARD SUPPORT FOR THE REOPENING OF THE NORTH END LADOGA PARK PRIVATE RAILROAD CROSSING 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 19th day of November, 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 Matthew Besemer; and the vote was as follows: A. Scott Pinne — recused, Connie Wilcox — Aye; Francis Shattuck — Aye, Martin Christopher — Aye; Matthew Besemer -- Aye; and the following Resolution therefore passed 4 -0, with one recusal, and was duly adopted: WHEREAS, the Norfolk Southern Railroad previously closed the private crossing at the north end of Ladoga Park in the Town of Lansing in April of 2008; and WHEREAS, on September 2, 2008, the property owners of Ladoga Park requested the support of the Town of Lansing respecting the "aggressive pursuit of the reopening of the [Ladoga Park] private railroad crossing" (hereafter the "North Crossing "); and WHEREAS, the Ladoga Park property owners have stated that the basis for their request for the Town to provide support for the reopening of the North Crossing included (1) the current level of tax assessments of the Ladoga Park property owners which generate a substantial tax base to the Town of Lansing, and (2) the need for better fire protection afforded by the closed crossing; and WHEREAS, the closed North Crossing is a safe crossing both in respect to the lack of accidents a® the North Crossing and the sight distance in both directions; and WHEREAS, Congressman Arcuri, in his letter of November 7, 2008, expressed support for th Town's efforts to reopen the North Crossing, including the Congressman's willingness to forward th Town's resolution of support "to appropriate representatives at Norfolk Southern and to insist that the railroad both address the safety concerns and provide residents with a more detailed examination of its decision to close this crossing;" and WHEREAS, Senator Nozzolio has verbally indicated similar support to that of Congressman Arcuri; now therefore be it: pg. 2 S49 RESOLVED, that the Town Board of the Town of Lansing supports the reopening of the existing private crossing of the Norfolk Southern Railroad at the north end of Ladoga Park to restore and insure safe ingress and egress at both ends of the Ladoga Park neighborhood. Mr. Pinney rejoined the Board at this time. RENEW BAN FOR SALT STROAGE BUILDING: RESOLUTION 08- 254 BOND ANTICIPATION NOTE RENEWAL RESOLUTION ® DATED NOVEMBER 19, 2008 A RESOLUTION AUTHORIZING THE ISSUANCE OF $136,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK 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 19th day of November, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — Aye, Connie Wilcox — Aye; Francis Shattuck — Aye; Martin Christopher — Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Highway Department purchased goods and services and installed, and caused to be installed, a salt storage building that was in part financed by Bond Anticipation Note 01 -06 in the amount of $170,000.00; and WHEREAS, the Town Board issued a 2006 Bond Anticipation Note (BAN), No. 01 -06, in the amount of $170,000.00 to pay for the actual and estimated expenses related to the purchase and installation of the said Salt Storage Building (the "Improvement "), which BAN was duly renewed by BAN 01 -07 (BAN Resolution 07 -241), and which BAN 01 -07 has come up for renewal; and WHEREAS, the Town has contacted several lending institutions to find the lowest BAN rates, and has determined that the banking institution with the best service and the lowest rates should issue the funds pursuant to the BAN process; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, as follows: Section 1. It is hereby determined that it is in the public interest to issue a renewal BAN to finance the remaining debt of the Improvement; said BAN to be denominated as BAN 08 -03 and to replace and renew BAN 01 -07, issued December 1, 2007. ® Section 2. The Town of Lansing (the "Town ") hereby authorizes the expenditure of up to $136,000.00 for the payment of the obligations relating to the Improvement. It is hereby determined that the estimated maximum aggregate cost of the aforesaid specific object or purpose is said amount of $136,000.00, and amount is hereby appropriated there for and the plan for the financing thereof shall consist of the issuance of up to $136,000.00 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 "), as Bonds or BANs issued in anticipation of the Bonds. pg. 3 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 15 years, pursuant to Subdivision c of Section 11.00 of the Law. It is further determined that the maximum maturity of the serial Bonds herein authorized will exceed five years. Section 4. Current funds are not required to be provided prior to the issuance of the Bonds authorized by this Resolution or any BAN issued in anticipation thereof, pursuant to subdivision (d)(9) of Section 107.00 of the Law, except as required by the Law for BAN renewals. 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 2 of this Resolution. The Town may or shall reimburse such expenditures with the proceeds of the Bonds or BANs authorized by this Resolution. This Resolution shall constitute a declaration of official intent to reimburse the expenditures authorized by Section 2 hereof with the proceeds of the Bonds and BANs authorized herein as required by United States Treasury Regulation Section 1.150 -2. 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 set aside with respect to the permanent funding of the object or purpose described herein. Section 5. The full faith and credit of the Town is hereby irrevocably pledged to the payment of the principal of and interest on said Bonds and BANs, as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such Bonds or BANs becoming due and payable in such year. There shall be annually apportioned and assessed upon the several lots and parcels of land within the Town an amount sufficient to pay the principal and interest as the same become due and payable. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 6. Such Bonds, if issued, shall be in fully registered form and signed in the name of the Town by the manual or facsimile signature of its Supervisor, duly sealed and attested by the manual or facsimile signature of its Town Clerk. Section 7. Subject to the provisions of this Resolution and of the Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of BANs or renewals of said obligations, and of Section 21.00, Section 50.00, Section 54.90, Sections 56.00 through 60.00 and Sections 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial Bonds and BANs (hereafter in this Section 7 jointly "Bonds ") and prescribing terms, form and contents as to the sale and issuance of Bonds herein authorized, including without limitation the determination of whether to issue Bonds having substantially level or declining debt service and all matters relating thereto, and of any BANs issued in anticipation of said Bonds, and the renewals of said BANs, are hereby delegated to the Supervisor of the Town as the Chief Fiscal Officer of the Town. Such notes shall be issued upon such terms, in such form, and with 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. Further, pursuant to Section 15 of the Law, the Supervisor of the Town is designated as the Chief Fiscal Officer to maintain the records relating to the Bonds, the paying agent on the Bonds, and the registration agent if he or she does not appoint such an agent pursuant to the authority granted elsewhere in this Resolution, if any. The powers and duties of advertising such Bonds for sale, conducting the sale and awarding the Bonds, are hereby delegated to the Town Supervisor, who shall advertise such Bonds for sale, conduct the sale, and award the pg. 4 251 Bonds in such manner as he or she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquaintance to the purchaser of such Bonds, who shall not be obliged to see to the application of the purchase money. 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 BANS or 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 BANs or notes issued in anticipation thereof, if applicable, as qualified tax - exempt bonds in accordance with Section ® 265(b)(3)(13)(i) of the Code. The intent of this Resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments, or to do any similar acts necessary, to affect the issuance of the aforesaid serial Bonds or BANs without resorting to further action of the Town Board. Section 8. All other matters, except as provided herein relating to such Bonds, including determining whether to issue such serial Bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said Bonds, 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 (and if said Bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town 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, and said serial Bonds and any BANs issued in anticipation of said Bonds 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. Section 9. No other bond anticipation notes are presently outstanding in anticipation of the sale of said bonds, except (i) Bond Anticipation Note 08 -01 in the amount of $533,000.00 (highway trucks), and (ii) Bond Anticipation Note 08 -02 in the amount of $145,000.00 (water district improvements — district extension #2). Section 10. Pursuant to Section 38.10 of the Law the Town states and declares that this BAN (i) is renewable, and (ii) is not issued in relation to an assessable improvement, and (iii) matures ® December 1, 2009. And, it is further RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to execute and deliver such documents as are necessary to issue Bond Anticipation Note 08 -03 in an amount of $136,000 with the Tompkins Trust Company, with interest thereon to be not greater than 3.30% per annum for a period from December 1, 2008 until December 1, 2009 (with interest due at maturity); and it is further RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor, or the Deputy Supervisor, to use the proceeds of the Bond Anticipation Note pg. 5 08 -03 to fully pay the remaining obligation (after payment of principal of $17,000.00) of the Town of Lansing under Bond Anticipation Note 01 -07; and it is further RESOLVED, that the Supervisor, or Deputy Supervisor, be and they hereby are authorized to execute and deliver such other documents as are necessary to effectuate the purposes of this Resolution; and it is further RESOLVED, that the Town Clerk be and hereby is authorized and directed to certify this Resolution and place the Seal of the Town of Lansing thereupon. APPOINT STEVE FARKAS TO THE YOUTH SERVICE BOARD: RESOLUTION 08- 255 Resolution A000intinq Stephen L. Farkas to Youth Services Board 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 19th day of November, 2008, the following members being present: A. Scott Pinney, Supervisor; Francis Shattuck, Councilperson; Matthew Besemer, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Matthew Besemer; and the vote was as follows: A. Scott Pinney — aye, Francis Shattuck — aye, Matthew Besemer- aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, there will be a vacancy upon the Youth Services Board, and a qualified and willing candidate has been located to fill such position; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that effective January 1, 2009, Stephen L. Farkas be and hereby is appointed to the Board of the Youth Service Bureau, to serve a full two (2) year term ending December 31, 2010. AMEND LEASE AGREEMENT BETWEEN THE TOWN AND RESOLUTION 08 — 256 RIZING AMENDMENT I'' C: TOWN AND LCLC At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 19th day of November, 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 Marty Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher —aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town had entered into a long -term lease with LCLC (a /k/a the Lansing Library); and WHEREAS, effective December 31, 2008, the Town will no longer provide snow and ice removal upon sidewalks, steps, /platforms, and WHEREAS, in deliberation of the foregoing, the Town Board has pg. 6 C� W(a 00 RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized to so amend the said lease agreement upon such terms as they deem in the Town's best interests, and that they each be further authorized to execute any such lease amendment by for, and in the name of the Town of Lansing, subject to the advance approval of the language as agreed upon by Lansing Community Library and Town Counsel. PLANNING DEPARTMENT MONTHLY REPORT: Mr. Overstrom went over the following with all present: a r' - •. 1 •;r Planning Board — No Meetings for October, 2008 Zoning Board of Appeals — October 21, 2008 1. Public Hearing, Use Variance, Applicant: Anthony Spallone, 128 Brickyard Road, Tax Parcel # 32. -1 -6.2 (Denied) 2. Public Hearing, Area Variance, Applicant: Christopher Marshall, 2458 North Triphammer, Tax Parcel # 37.1- 5-10 (Granted) 3. Public Hearing, Area Variance, Applicant: Gay Nicholson, 1 Maple Ave, Tax Parcel # 26. -10 -13.2 (Granted) 4. Continuation of Public Hearing(s), Use Variance, Applicant: Eric Foster, 117 Drake Road, Tax Parcel # 37.1-1 - 21(Denied) 5. Accept Application and set Public Hearing(s), Use Variance (Mobile Home), Applicant: Patty Houghtaling, 180 Drake Road, Tax Parcel # 35. -3 -15 6. Accept Application and set Public Hearing for, Area Variance (setback), Applicant: Robert Rasmussen, 131 Asbury Road, Tax Parcel # 37.1 -4 -12 7. Accept Application and set Public Hearing(s) for Area Variance (Access for road frontage), Applicant: Douglas Harringer, Ridge Road, Tax Parcel # 16. -1 -4012 Training /Other None Building Code Complaints -1 Construction with no permit -1 Fire Safety Inspections & Reinspections Total: 4 ® Notice of Fire —1 Construction Inspections Total: Approximately: 93 Operating Permits Issued Year to Date: Total: 7 New Addresses Total: 3 Expired Permit Notices First notices: 20 pg. 7 S 5 4 Second notices: 2 Renewed Permits — 2 Renewed Permits YTD - 59 Electrical Certificates Issued Total: 14 Electrical Inspections Total: Approximately 55 Miscellaneous Review of Stormwater Local Law Salmon Creek bank stabilization in cooperation with Tompkins County Planning Department and Tompkins County Soil and Water Conservation District Ludlowville Stormwater drainage study Triphammer Terrace water main extension Old Town Highway building groundwater sampling event Lansing Commons Subdivision Cayuga Farms Subdivision Organizing Department and filing system STORMWATER LOCAL LAW: The Soil and Water Conservation department suggested that the Town may want to up date their Local Law on Stormwater. Mr. Overstrom will look into this and get back with the Board at a later date. TRIPHAMMER TERRACE WATER SERVICE: Mr. Pinney recused himself due to a family member being involved in this matter. The properties along Triphammer Terrace have been subdivided. When the water district was formed, it was a single large lot that had frontage along North Triphammer Road. Now, through subdivision, there are four or five lots along Triphammer Terrace that were originally included in the consolidated water district which no longer have frontage and/ or access to connect to the water district, however, agreements made long ago with the homeowners and property owners agreed that the homeowners and property owners understood that they were in the consolidated water district and will pay the operation and maintenance fees but 2 of the homeowners wanted to stay on a well and two retained easements from neighbors and ran a longer water service to connect to the water district. That leaves potential three or four more properties along Triphammer Terrace that have been paying into the consolidated water district but are unable to connect. Mr. Richard Pinney is willing to work with the Town to be able to install the water main to at least the corner of his property line. Mr. Krogh stated that since these properties are in the consolidated water district, the district should pay for the water main to be extended. There are issues as to how far we run it, where do we end it, etc. Mr. Overstrom asked the Board to authorize Town Engineer, Dave Herrick to start engineering and /or estimates for the survey profiles and water supply application to be able to extend the water main in that area. Mr. Herrick and Mr. Overstrom looks at running it to the northern most point of Mr. Pinney's property because Mr. Pinney would be willing to work with the Town and provide all of the labor and installation. Mr. Shattuck stated that he is totally against this as he feels that spending money on engineering for something like this is putting the cart before the horse. This is not the only property nor is it the only road where we have consolidated water district where there is not water running and they are being charged the operation and maintenance fee. He felt these could possibly be the only properties that can't have it. He does not want to spend money on engineering on one piece and then have to spend it on another piece and start looking at all the roads in the consolidated water district that have frontage that could split off to many other lots. He felt that if water wasn't there or asked for when the consolidated water district was formed, we shouldn't be mandated to provide it in all areas. = e, s. �e7c� Spending money on engineering at this point seems premature and feels the Board and Town Counsel need to look into this much further before any decisions can be made. Connie felt the Board could end up spending a million dollars before this was all said and done. She also felt much more discussion was need. Marty stated that he also agreed. Lorraine Moynihan Schmitt stated for the record that she spoke with Guy Krogh and in his preliminary reviews, he feels that there is an absolute obligation of the district to hook up, at this point, that those properties are benefitted by the district but she stated that however, she was concerned going forward if there are going to be additional subdivisions and on going issues. Mr. Pinney rejoined the Board at this time. RESOLUTION 08 — 257 RESOLUTION ESTABLISHING PUBLIC HEARING FOR AMENDMENT TO DEFINITION OF UNITS FOR PURPOSES OF CONSOLIDATED WATER DISTRICT CHARGES 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 19th day of November, 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 Mr. Shattuck, and was duly seconded by Mr. Christopher; 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 current Consolidated Water District Unit Charge will now include Water District xtensions and be renamed definitions of units for purposes of Consolidated Water District Charges nd Water District Extensions, and HEREAS, the current Consolidated Water District Unit Charge for a mobile home park is one unit for each mobile home space (as approved by the Tompkins County Health Department) and WHEREAS, the Town is considering changing the unit charge to one unit per approved and occupied mobile home space and .25 unit per approved vacant space, and WHEREAS, an approved and occupied space would require a mobile home set on the space, Tompkins County Health Department approval of sewage disposal system, an electrical certificate of compliance and a Town Building and Code Enforcement certificate of compliance, and BE IT FURTHER RESOLVED, the .25 unit until the Tompkins site, at which point, the Park wi BE IT FURTHER RESOLVED, assessed for one unit for that therefore, it is if a mobile home moves in during the year the Park will be charged County Assessment Department receives notice that a new unit is on I start being charged one unit for that space, and that if a mobile home moves out during the year the Park will still be space until the annual Consolidated Water Charges are assessed, ESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, ew York, being in the Town of Lansing, on the 17th day of December, 2008, at 6:05 o'clock P.M., to consider the amendments to said proposed changes, and to hear all persons interested in the subject 'hereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. UPDATE ON LAST ZBA MEETING: pg. 9 Mr. Shattuck asked Mr. Overstrom to update the Board on what took place at the last ZBA meeting November which would normally be on next month's report. Mr. Overstrom reported the following: 1. Patty Houghtalling — (Drake Road) Wanted to set a doublewide trailer on a small non- conforming lot where mobile homes are not an allowed use. Denied 2. Robert Rasmussen - Public Hearing —at 131 Asbury Road — area variance for a small front porch addition that would run parallel with the existing frontline of the home. Approved 3. Douglas Harringer - Area Variance on Ridge Road to obtain a right -of -way easement to access 34. Approved. HIGHWAY DEPARTMENT MONTHLY REPORT: 0 Mr. Pinney informed the Board of the following: 1. Mr. Pinney and Mr. French met with representatives from Cargill regarding different ideas on salt used by the Town for plowing. Mr. French had an idea of using brine salt which is a mixture of salt and water. Cargill agreed to give this to the Town at no charge but after researching this, Mr. French decided against using the brine. They also discussed using fine salt which Cargill would also give the Town at a discounted price. 2. The plowing of the Village of Lansing roads was also discussed. The Town has asked the Village for an increase this year. The Town is asking for an additional $ 30,000.00. The Village asked how the County paid the Town for roads plowed. Mr. Pinney stated that the County pays the Town over $4,000.00 per mile and the Village pays the Town less than $ 2,000.00 per mile of plowed roads. Mr. Pinney stated that they should get back to the Town very soon as they know how important this matter is. PARKS AND RECREATION MONTHLY REPORT: Mr. Colt went over the following with all present: Parks & Recreation Department 11/19/08 Town Board Meeting RECREATION 0 ® Equipment from our fall progran -Ls has been for the most part all turned in and is in the process of being cleaned and reconditioned. It will all be organized and packed away until August. ® 1 will be sending out 12 of our .football helmets to be professionally checked, reconditioned and. certified. This is a wise practice and adds to overall player safety. I try and send out 12 per season which is the minimum and is done through .Riddell one of the .leading helmet manufacturers. 40 ® Participation in our early winter programs has been good with soin.e evert up over last year at this time. Bowling - has 38 students. The program has 3 more sessions and will be completed on December 11th. Gymnastics - has 42 students. The program will. be completed. on. December 19tt, Youth "in- house" Basketball - has 60 students. This program will be completed on December 20tt,. pg. 10 Skiing - we currently have 111 students registered for ski bus transportation and expect another 20 - 30 passengers. ® Upcoming programs are Travel Basketball, Skating and Youth Wrestling. The Ski Program will start on January 12. A Basketball Program for 2nd & 31d graders is being planned for late February and March (where the ES gym. is available). • Currently we have a little over 80 participants in 7 different ongoing Adult Programs. ®PARKS ® All of the Parks have had. final. cleanup and. areas with water have been winterized. for the season. Park maintenance equipment has been cleaned and stored for the season and the Park crew finished for the season on November 7th and will not return until late March or early April. ® The .NYS Recreational Trails Program Grant is due on December 5e,. 1. have certainly learned a lot about grant writing if nothing else. With the current economic climate, who knows what may be awarded, but, if successful we will be able to rebuild and establish linkage to complete .nearly 800 linear feet of trail behind the town hall. SEAR — NEGATIVE DECLARATION FOR GRANT: Mr. Shattuck read and answered all the questions on the short environmental form to all present. RESOLUTION 08 — 258 RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEAR) NEGATIVE DECLARATION FOR THE PROPOSED REPAIR AND REPLACEMENT OF COMMUNITY WALKING PATH 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 19th day of November, 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 Matthew Besemer; 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, at a regular meeting of the Town Board, an application was made by Stephen Colt for approval by the Lansing Town Board to apply for grant funds not to exceed $20,000.00 from the New York State Office of Parks Recreation and Historic Preservation and to enter into and execute a project agreement with New York State Recreational Trails Program for funding to repair and /or replace the Community Walking Path commencing on the Town Hall property upon approval of the aforementioned grant; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing is an involved pg. 11 X58 agency for the purposes of environmental review; and WHEREAS, the Lansing Town Board, in performing its uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ( "SEQR "), (i) pursued its thorough review of the applicant's completed Environmental Assessment Form Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteri identified in 6 NYCRR Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on th record; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: r 111 The Lansing Town Board, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "NEGATIVE DECLARATION ") in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required. AUTHORIZE STEVE COLT TO APPLY FOR A GRANT: RESOLUTION 08 - 259 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing the Lansing Town Hall on the 19th day of November, 2008, the following members being present: Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Marti 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 Bud Shattuck and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — yes, Connie Wilcox — yes; Francis Shattuck — yes; Martin Christopher — yes; and Matthew Besemer — yes; and the following Resolution therefore passed 5 -0, and was duly adopted: RESOLVED, that Stephen Colt, as Lansing Recreation Director for the Town of Lansing, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Recreational Trails Program, in an amount not to exceed $ 20,000.00, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Lansing for repair and /or replacement of a community walking path and, if appropriate, a conservation easement to the deed of the assisted property. Nancy Loncto encouraged Mr. Colt to bring this to the Planning Board for another endorsement which could go along with the grant application. UPDATE ON ZONING COMMITTEE: Mr. Besemer stated that the committee met again and it went very well. He did not feel they were moving very fast but they were having good discussions, moving forward and making progress. The next meeting will be held on December 4, 2008. APPROVE AUDIT: pg. 12 n X59 RESOLUTION 08 — 260 RESOLUTION, offered Connie Wilcox and seconded by Marty Christopher RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT #011 DATED AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY CWD EXTENSION #1 CWD EXTENSION #2 11/19/08 1107-1205 1107-1111 75 -80 TOTAL APPROPRIATIONS $ 47, 958.97 $ 42,316.38 $ 2,397.65 94,902.76 $ 36,851.67 $ 105.00 BUDGET MODIFICATIONS GENERAL FUND A November 2008 Board Meeting FROM TO FOR A5132.403 A5132.405 From Garage Electric to Garage Building Repair A7620.400 A7620.100 From Adult Recreation Personal Svcs to Adult Rec Cont W Wl990.400 W1990.400 Vote Vote Vote Vote Vote SW8320 SW8320 of Town of Town of Town of Town of Town WATER DISTRICT FUND SW 401 From Contingency to Source of Supply Lansing Sta 402 From Contingency to Source of Supply Drake Rd Board ... (Aye) Matt Besemer, Councilperson Board ... (Aye) Marty Christopher, Councilperson Board ... (Aye) Bud Shattuck, Councilperson Board. . . (Aye) Connie Wilcox, Councilperson Board ... (Aye) A. Scott Pinney, Town Supervisor APPROVE MINUTES: AMOUNT 2,120.00 11000.00 1,200.00 65.00 pg. 13 10260 October 15, 2008: A copy of the minutes of October 15, 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 — 261 RESOLUTION, offered by Marty Christopher and seconded by Matt Besemer: RESOLVED, that the minutes of October 15, 2008 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Abstained) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Town Supervisor October 20, 2008: A copy of the minutes of October 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 — 262 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Pinney: RESOLVED, that the minutes of October 20t 2008 are hereby approved as submitted. Vote of Town Board ... (Abstained) 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 November 5, 2008: A copy of the minutes of November 512008 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 — 263 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that the minutes of November 5, 2008 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Abstained) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson �U 0 pg. 14 Vote of Town Board ... (Aye) A. Scott Pinney, Town Supervisor BOARD MEMBER REPORTS. Bud Shattuck: Nothing to report. 19aft Besemer: Nothing to report. ®Ma rt Christo her: v p Asked to have an Ethics Law update at the next meeting. He felt this should be reviewed and adopted early next year. Connie Wilcox: Lansing Housing Authority: They will be looking for another Board Member as Betty Brake will be moving back to her hometown. Fire Department Election: An Election of Officers will be held on December 9, 2008. There are openings for three ommissioners and one Treasurer. A. Scott Pinney: Set Public Hearing for Senior Citizen Exemptions: RESOLUTION 08- 264 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING PROPOSED LOCAL LAW NUMBER 3 OF 2008 REGARDING SENIOR CITIZENS' AND DISABLED PERSONS' TAX EXEMPTIONS At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 19th day of November, 2008, the following members being present.. A. Scott Pinney, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin OChristopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being bsent: none; and the following motion for a Resolution was duly made by motion of Mr. Christopher, and was duly seconded by Mr. Pinney; 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 ollowing Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to a change in the senior citizen and disabled persons tax exemptions issued by the State of New York, as adopted by the County of Tompkins, through amendments of Real Property Law § 467; and pg. 15 S, ( 2 WHEREAS, Current Lansing Ordinance Number 51 provides for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by said Real Property Law §467, as amended; and WHEREAS, said Ordinance Number 51, in general terms: defines eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies fines for providing false statements; and WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State® laws concerning eligibility and exemption levels, amend the current Local Law No. 5 of 2007, respecting same; and WHEREAS, the new exemption limits are proposed to be as follows: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS FROM TAXATION Up to $287000.00 $28,001.00 to $281999.00 $29,000.00 to $29.999.00 $30,000.00 to $301999.00 $31,000.00 to $311899.00 $31,900.00 to $32799.00 $32,800.00 to $331699.00 $33,700.00 to $341599.00 $34,600.00 to $351499.00 $35,500.00 to $36,399.00 PERCENTAGE ASSESSED VALUATION EXEMPT 50% 45% 40% 35% 30% 25% 20% 15% 10% 5 %; and in all other respects, Ordinance 50 will contain the same terms pertaining to qualifications and the repayment of exemptions for falsely swearing to qualification there for; and WHEREAS, the exemption would apply pursuant to the provisions of Section 46 t of the mew Property Tax Law of the State of New York, and real property located in the Town of Lansing, Coun of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or re property owned by husband and wife, one of whom is 65 years of age or over, or persons wit disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified i Section 467 based upon the income of the owner or the combined income of the owners as reflecte above; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby pg. 16 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 17th day of December, 2008, at 6:10 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Planning Board Member: ® Mr. Pinney stated that they really need to a pp oint a Planning Board Member and an Alternate as soon as possible. He will make sure it is on the web site. Mrs. Veaner also stated that she would put it in the Lansing Star. Mr. Christopher stated for the record: Being clear that it is "only his point of view" Mr. Christopher stated he is still looking for answers as to why we are not making a stronger effort in changing the number of Planning Board Members to five (5). This would align the Planning Board with the same number of Zoning Board members, and the same number of Town Board members. It seems to be an excellent way to rectify the situation at this time, and a possible solution to some of the issues we have had with the Planning Board over the past two years. Attempting to recruit additional residents to serve on the Planning Board as alternates has become a lengthy and seemingly difficult process, and Mr. Christopher would like to know steps we can take to seriously address the possibility of a five (5) member board. Since board members serve at the will of the Town Board, we should be able to make adjustments with the format of that board. Mrs. Moynihan Schmitt stated that the problem right now is that it is a seven (7) member board and one member vacancy. She stated that the Town Board cannot move from a seven (7) member Board to a five (5) Member Board simply by not filling vacancies. She stated that there are other vehicles to establish a five (5) member Board. Mr. Christopher would like to see this pursued and see what the avenues are. Mrs. Moynihan Schmitt stated that her concern currently is the fact that there has been a problem in not being able to establish a quorum. Mrs. Moynihan Schmitt stated that a Planning Board Member needs to be appointed before an Alternate can be appointed. TOWN COUNSEL REPORT: Nothing to report. Mr. Shattuck brought up the following issues: Daniel Starner Request: Mr. Shattuck stated that he had a copy of a letter from Daniel Starner who stated that he went to the Planning Board questioning if there was any relief for him for stormwater runoff. Mr. Pinney stated that Jack French and Cricket have been out there numerous times. It was stated that the property was between Goodman and Munson Road. Mr. Shattuck stated that Mr. Krogh needs to get a copy of this letter. He also stated that the State could get involved and all work that has been done should be documented. Mr. Pinney informed the Board that Mr. French has had trouble with this issue for many years. He also stated that it is not a problem for Town roads. Retirement Credits: Mr. Shattuck stated that a little over a year ago, a Town Employee approached the Board asking them to look into doing full retirement for employees who are full- time employees but work less than 40 pg. 17 S64 hours per week. He stated that it could be conveyed to the State that our full -time week is equivalent to 40 hours even though it is less than a 40 hour week. That way our employees would get full -time yearly credit towards the retirement system. He checked with the Retirement System and found out there was no cost to the Town above anything that is already there. He asked that Counsel prepare some language to have at the next meeting for the Board Members to go over. Mr. Pinney stated that someone is paying for it so there is an additional cost. He also stated that in his opinion, you should get credited yearly for the hours you work. The Board plans to vote on this in the near future. EXECUTIVE SESSION: RESOLUTION 08 — 265 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the meeting is hereby adjourned to go into Executive Session to discuss possible litigation matters at 7:21 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 END EXECUTIVE SESSION: RESOLUTION 08 — 266 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Pinney: RESOLVED, that Executive Session is hereby terminated and the Regular Meeting reconvened at 7:35 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 ADJOURN MEETING: RESOLUTION 08 — 267 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Regular Meeting is hereby adjourned at the call of the Supervisor at 7:36 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 pg. 18 Minutes taken and executed by the Town Clerk. C t' pg. 19