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HomeMy WebLinkAbout2011-11-15REGULAR TOWN BOARD MEETING
November 15, 2011
A Regular Meeting of the Town Board of Lansing was held at the Town Hall Board
Room, 29 Auburn Road, Lansing, NY on the above date at 6:00 p.m. The meeting was
called to order by the Supervisor, A. Scott Pinney and opened with the Pledge of
Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following
to be PRESENT:
A. Scott Pinney, Supervisor
Marty Christopher, Councilperson
Robert Cree, Councilperson
Kathy Miller, Councilperson
Connie Wilcox, Councilperson
ABSENT: None
267
ALSO PRESENT: Guy Krogh, Town Attorney, Steve Colt, Park Superintendent and
Recreation Director, Mike Koplinka- Loehr, Charlie and Sheila Nedrow, Ken Thompson,
Larry Zuidema, Tom Butler, Dan Veaner, Suzanne Hinderliter, Maureen Cowen, Dale
Baker, Roger Hopkins, Stephanie Behler, Ted Laux and several other people.
PRIVILEGE OF THE FLOOR:
Larry Zuidema — 22 Bean Hill Lane:
Comments by Larry Zuidema
Lansing Town Board Meeting
15 November 2011
My name is Larry Zuidema and I live in Lansing at 22 Bean Hill Lane. I have paid property
taxes in the Town of Lansing since 1964 and have lived in Lansing most of the time since
1962.
Recently, I read the Sewer Map and Report of September 2011 and the Lansing Town
Center Incentive Zone Program report adopted by the Tompkins County IDA on 21
October 2011. These closely related projects represent significant, if not monumental,
issues for the residents of Lansing. I now offer the following recommendations to the
Town Board of Lansing relative to the issues in these reports.
1. That the Town create a clickable section on its home page which would identify
and locate new documents and reports issued by both the Town and Planning
Boards. This would improve communication with residents and ensure that they
are informed in a timely manner. After being told that the Sewer Map and
Report was on the site, I found it difficult to locate. One elected Town council
person had the same problem and did not see it prior to election day.
2. That, since you are now a so- called lame -duck board, these and other future-
oriented issues be referred to the newly elected board which will meet for the
first time in 7 weeks.
3. That, early in 2012, the newly seated Town Board schedule and hold within the
Town of Lansing several information sessions and public hearings on these
projects and that these meetings be widely publicized. Scheduling such
meetings is a pro- active way of fulfilling campaign promises to listen to views of
the residents of Lansing.
4. That any Town appointed person /persons who can influence sewer, town center
and /or IDA decisions be asked by the Board to immediately and publicly disclose
1
268
any real, potential or appearance of conflict -of- interest in relation to these
projects. If deemed appropriate, they should be asked to resign from their
appointed positions.
5. That the inclusion of the Kingdom Farm in the sewer and water district be
reviewed and rejected, keeping in mind the high agricultural value of this 500
acre parcel of prime agricultural land. If the Town's forthcoming agricultural
report does not highlight the significance of this agricultural resource, it should
do so. in my view, the Town Board should take no action which would preclude
the future use of the Kingdom Farm for agricultural purposes. Also, releasing a
report summarizing the outcome of the Board's executive session for Kingdom
Farm negotiations held on 20 April 2011, would effectively increase public
confidence in the Board.
Mr. Zuidema noted that he saw on the map that Ray Sill's farm is scheduled for R3, high
density. He stated that Ray Sill's farm is one of the best pieces of agriculture land the
Town of Lansing has. The Town Board should not be putting this parcel of land in
anything other than agriculture.
I look forward to contributing comments on issues and opportunities in Lansing in future
meetings.
Councilperson Christopher questioned the comment on the executive session with
Kingdom Farms. The Town Board clarified that there has not been any new negotiations
with Kingdom Farms and that on April 20, 2011 the Town Board entered executive
session to discuss Kingdom Farm negotiations.
GAS DRILLING REPORT:
Tom Butler of 476 VanOstrand Road presented the following results of the Town of
Lansing Gas Survey:
Mr. Butler informed the Town Board that there were 33 volunteer survey administrators.
It was important that the survey was unbiased and the survey administrators were told
many times that while conducting the survey that they should not discuss their personal
feelings with people taking the survey.
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No�e'rnber 2011
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• Survey conducted at all Lansing polling stations
on election day (Nov. 8th 2011):-
Aim: to gauge Lansing resident's opinions on the
prospect of gas drilling in the; Town.
Surveys conducted over full polling hours (bam
9prn) in all locations except Lansing `Village (b'am
- 5pm).
+ 916 = town r residents completed,. the survey (45%
`of voters that day, 146/6 of all registered voters)
Do you fovor.HVHF -gas development in
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o,sldents were surveyed about,thelr:views on gas ri in
igh Volume,Hydraullc Fracture (" fracking ")
voters that day completed the survey (14% of the
ed electorafe In the Town) across all districts .
entl a- cross -the town, the mcljorlty of residents' who
tethe survey`favor the Town, Board taking,action
to
duce stncterlocal Jaws to: control )egatlVe`'impacts'0f
ia '(85 % -of respondents -
3
drilling:fromthe Town -(64% of respondents)
mmltteia asks that the Board factor i`n the Town
is responses as they work to prepare for �ddling In NYS
Resident Charlie Nedrow of 418 Davis Road stated that he voted at Fire Station 3
(Lansingville) at 6:05 a.m. and there was nobody there with the survey at that time.
Mr. Nedrow wanted to know how many people surveyed owned 10 acres or more? Mr.
Butler stated that this was not a question that was asked. Mr. Nedrow also asked Mr.
Butler how many survey administrators approve or disapprove of gas drilling. Mr. Butler
guessed that most of the survey administrators do not support gas drilling. He reiterated
administrators were told that they don't want their opinion they want the opinion of the
survey takers.
Mr. Nedrow stated that the Town of Lansing should not spend money, we should set tight
and watch what other Towns and the DEC do. Mr. Butler stated that other Towns and the
County are being very active on this and the Town of Lansing should also. Mr. Nedrow
stated that Town of Lansing should not be active.
Mr. Zuidema stated that one Town is being sued and can we actually ban gas drilling?
Mr. Butler stated no that it is a question of home rule versus what NYS decides. Towns
can control activities associated with drilling but they can not regulate drilling.
The Town Board thanked Mr. Butler and the volunteers for the survey.
me
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70% .. Hall— Lansing - - -ville -- Temple - - -- Village
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Eleetlon dlstnct
3 a ix
'3 ,e a. � '✓ Xsfix`.„
i�'Ser JJr, .'sti.x
.w -4v3�. V a'.r,... �++5.?.
o,sldents were surveyed about,thelr:views on gas ri in
igh Volume,Hydraullc Fracture (" fracking ")
voters that day completed the survey (14% of the
ed electorafe In the Town) across all districts .
entl a- cross -the town, the mcljorlty of residents' who
tethe survey`favor the Town, Board taking,action
to
duce stncterlocal Jaws to: control )egatlVe`'impacts'0f
ia '(85 % -of respondents -
3
drilling:fromthe Town -(64% of respondents)
mmltteia asks that the Board factor i`n the Town
is responses as they work to prepare for �ddling In NYS
Resident Charlie Nedrow of 418 Davis Road stated that he voted at Fire Station 3
(Lansingville) at 6:05 a.m. and there was nobody there with the survey at that time.
Mr. Nedrow wanted to know how many people surveyed owned 10 acres or more? Mr.
Butler stated that this was not a question that was asked. Mr. Nedrow also asked Mr.
Butler how many survey administrators approve or disapprove of gas drilling. Mr. Butler
guessed that most of the survey administrators do not support gas drilling. He reiterated
administrators were told that they don't want their opinion they want the opinion of the
survey takers.
Mr. Nedrow stated that the Town of Lansing should not spend money, we should set tight
and watch what other Towns and the DEC do. Mr. Butler stated that other Towns and the
County are being very active on this and the Town of Lansing should also. Mr. Nedrow
stated that Town of Lansing should not be active.
Mr. Zuidema stated that one Town is being sued and can we actually ban gas drilling?
Mr. Butler stated no that it is a question of home rule versus what NYS decides. Towns
can control activities associated with drilling but they can not regulate drilling.
The Town Board thanked Mr. Butler and the volunteers for the survey.
me
Michael Koplinka- Loehr:
Mr. Koplinka -Loehr provided a Get Your Green Back Tompkins bag for all present. The
bag contained an energy savings light bulb donated by Cargill along with literature on
energy savings. Mr. Koplinka -Loehr encouraged everyone to complete the free home
energy assessment application. On October 291h 600 volunteers distributed the packet of
educational information.
Mr.
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If you have any further questions, please feel free to aslL
e.
Mr. Koplinka -Loehr encouraged the Town Board to consider the benefit for the
municipal buildings. He has provided the information electronically and should hear
back within a week. A site visit could be scheduled the week of December I". The tax
credits expire at the end of the year.
It was the consensus of the Town Board to consider and move forward on looking into
the benefits for the Town of Lansing.
TOMPKINS COUNTY IDA — LANSING TOWN CENTER INCENTIVE ZONE
PROGRAM,
The Town Board discussed the following Tompkins County IDA Lansing Town Center
Incentive Zone Program /Policy and Pre - Application: Handouts were provided to all prior
to the meeting.
9
Tompkins County Industrial Development Agency
Lansing Town Center Incentive Zone Program
Endorsed by the Lansing Town Board May 18, 2011
Adopted by the Tompkins County IDA October 21, 2011
The Town of Lansing Comprehensive Plan identifies goals and objectives around
creating a vibrant Town Center where higher density housing, commercial services
catering to the needs of local residents, and recreational opportunities are established
that increase the tax base and create a sense of community in Lansing.
The Town currently has very few basic commercial services. It is geographically located
5 miles from the Village of Lansing and more than 10 miles from the City of Ithaca's
downtown and Route 13 commercial districts. In order to attract developers to the Town
of Lansing, and the Town Center, an incentive program is critical and the requirements
imposed to qualify for the incentives need to be reasonable.
The Lansing Town Center Incentive Zone Program is being considered to encourage
development in the Lansing Town Center. Under this program, the Town of Lansing
recommends projects to the Tompkins County Industrial Development Agency for
consideration of tax incentives.
Eligible Projects
The Lansing Town Center Incentive Zone Program encourages development within the
boundaries of the Town Center as outlined by the Lansing Town Center Map. In general,
the Program supports development at higher densities in the Town Center that increase
the tax base. The following criteria and community benefits must be met for a project to
be eligible.
1. Industrial — Light manufacturing and industrial projects selling a product or service
outside of the local area. This definition very broadly includes computer software, agri-
business, printing, publishing, and research and development.
2. Retail /Commercial - Retail /commercial projects that make available goods or services
not reasonably accessible in the Town of Lansing or that the Town Board believes would
benefit the community. Projects may be single story or part of a multi- story, mixed -use
development project.
3. Rental Housing — multi - family housing must be at lease two stories and establish a
minimum of four new rental units. Projects may be part of a multi- story, mixed -use
development project. Mixed income and affordable housing projects are desirable, but
not required.
4. Not - For - Profit — Not - for - profit projects qualify for access to low cost tax - exempt bond
financing under the regular IDA policies and procedures.,
Projects must have new construction costs of at least $500,000. In addition, the value of
projected incentives must be at least three times the projected fees associated with the
project. The IDA may waive the minimum construction cost in circumstances where the
public benefit outweighs the project costs.
Public Benefits
Projects will be evaluated based on the extent to which they meet the public benefits
outlined below:
- creates permanent or seasonal jobs
- employ local construction labor as much as possible
- purchase construction materials locally when possible and price competitive
use hiring practices that encourage women and minority applicants
- increase the property assessed value and generate additional property taxes
when appropriate to the project, generate net new sales taxes and /or room
occupancy taxes
X
275
276
creates synergy with existing activities, such as sharing curb cuts and driveways
incorporates public amenities such as benches or bike racks
incorporate open space improvements
- include mixed uses (commercial and housing)
housing projects that include mixed income and /or affordable housing
creates quality rental housing to meet the needs of the community
Incentive Package
Property Tax Abatement — The standard Lansing Town Center Incentive Zone property
tax abatement will begin at 90% in year one and decrease in equal increments over
seven (7) years. The abatement will only impact taxes on improvements to the property
and not taxes on the existing value. The IDA retains the ability to offer more or
less than the standard Lansing Town Center Incentive Zone abatement based on an
analysis of the impact on the economy, the needs of the business, and input from the
Town of Lansing. The IDA may negotiate additional abatements based on financial
need.
Sales Tax Abatement — The applicant will be exempt from both the local and State
portion of sales tax on construction materials, equipment, and furnishings associated
with the project. The IDA will pass the sales tax abatement on to a tenant in a
retail /commercial space only if the type of business meets the eligibility requirements of
the Lansing Town Center Incentive Zone.
Mortgage
Recording
Tax
— The
applicant will be exempt from the State portion of the
Mortgage
Recording
Tax
($2.50
per $1,000).
Local Purchasing and Hiring Practices
The IDA requires all recipients of IDA incentives to make every effort to purchase goods
and services from Tompkins County businesses and to hire Tompkins County residents.
The IDA is especially supportive of projects that make a specific commitment to hire
women and minorities during the construction phase and as permanent full -time workers
of the project's operating businesses. The IDA may require detailed information
concerning the applicant's past and projected purchasing and employment practices.
Fees
Administrative Fees —The applicant is responsible for paying the IDA Administrative Fee
at the time of closing. This fee will be equal to 1 % of the total value of expenses that are
positively impacted by IDA incentives. This includes the value of construction of
improvements to property that is impacted by property and sales tax abatement and the
value of furniture, fixtures and equipment that are impacted by sales tax abatement. It
will not include any purchases, such as manufacturing equipment, where the IDA does
not deliver an incentive. Soft Costs (legal, consulting, financial, architectural and
engineering fees) will be included in the amount considered as total value of expenses.
In an attempt to make its incentive program cost effective for smaller projects, the IDA
will reimburse the applicant for 100% of the Administrative Fee, IDA Counsel Fee, and
IDA Bond Counsel Fee associated with the IDA involvement in the project if the total
project cost is less than $1 Million. For total project cost greater than $1 Million but less
than $2 Million, the reimbursement of fees will be reimbursed on a sliding scale that
declines from 100% to 0% gradually based on project size. There will be no
reimbursement of fees for projects with costs over $2 Million. The reimbursement will
take the form of additional property tax abatement credited to the business in the initial
years of the Payment In Lieu of Tax agreement (PILOT). The IDA retains the right to
determine the credit the applicant will receive. For projects where there is no property
tax abatement, there will not be any form of fee reimbursement.
IDA Counsel Fees — The applicant is also responsible for paying the IDA for all legal
costs it incurs including IDA Counsel and Bond Counsel fees.
Applicant Attorney Fees — The applicant is responsible for its own attorney fees
associated with closing IDA incentives.
11E
Application Process
277
Tompkins County Area Development, Inc. (TCAD) provides administrative and
marketing services to the IDA. Potential applicants should work with TCAD to determine
whether the proposed project is eligible. If the project appears to be eligible, TCAD will
work with the applicant to apply for assistance.
It is strongly advised that a potential applicant meet with TCAD staff as early in the
process as possible to determine if the dollar value of the proposed incentives exceeds
the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
1. Pre- Application — A developer seeking a tax abatement under this program must first
submit a preapplication to the Town of Lansing. The application will be in such a form
that it identifies which criteria the project is eligible under and outlines the community
benefits achieved by the project.
2. Town Recommendation — The Town of Lansing must recommend, by resolution, the
project to the IDA. All projects are still subject to Planning and Zoning Board approvals
and other normal requirements.
3. IDA Application — A full IDA application will be submitted to the IDA accompanied by
the Pre - Application and a resolution from the Town of Lansing. The IDA will make an
independent determination of the project, weighing the costs and benefits of any tax
incentives it delivers. The IDA recognizes that, in adopting the Lansing Town Center
Incentive Zone, it is accepting that it may favor some local businesses over others in an
effort to influence location decisions. The IDA also recognizes that the negative impact
on existing businesses may outweigh the benefits gained from locating new
development within the Zone. The IDA will also evaluate the potential impact on other
governmental entities, including school districts.
4. Public Hearing — Following an initial review, the IDA will, if favorably disposed toward
a project, schedule a public hearing on the proposed incentive package. Standard IDA
policies apply with regards to public hearing notification and other requirements.
S. IDA Determination — Following a public hearing, the IDA will make a determination on
the project. No final decision may be reached by the IDA until SEQR requirements have
been met by the developer.
6. Notification and Reporting — The IDA will notify the Town of Lansing and appropriate
taxing jurisdictions once a project is approved. The IDA may diminish or rescind
incentives should the project materially change. IDA agreements generally have claw
back requirements.
7. Applications under
this policy may not
be accepted after
December 31, 2021 unless
the IDA and the Town
of Lansing vote to
extend the policy
beyond that date.
Refer to Tompkins County Industrial Development Agency Mission, Policies and
Procedures for additional information.
Lansing Town Center Map
278
Supervisor Pinney asked if there were any questions from the public.
Mr. Zuidema commented on the map that was provided. Mr. Zuidema indicated that this
map was much clearer and in color. Ray Sill's farm is an R3 and possibly and Rl. He
encouraged the Town Board not to do anything to change it and make it so that it is
irreversibly taken away from agriculture.
Supervisor Pinney stated that this does not change the current zoning.
Councilperson Miller stated that the whole proposed Town Center Development is not to
encroach upon agriculture.
12
Dan Veaner asked what committee this came from. It was stated that it came from the
Town Center Committee and the Economic Development Committee.
Further discussion was held on Ag Land Protection and land being leased for organic
farming.
A copy of the application was provided for people to review.
279
Mr. Zuidema suggested that Conlon Road be the continuous road and not the new road.
Supervisor Pinney stated that this was a great idea. Councilperson Miller stated that there
will be workshop sessions where new ideas and input will be generated and she
encouraged people to participate.
Maureen Cowen asked for clarification on the sequence of the application. Supervisor
Pinney explained the process. The completed developer application comes before the
Town Board to approve or deny. If approved it is then submitted to the Tompkins
County IDA for their approval for the tax incentive. The developer would still continue
with the current process of site plan review with the Town of Lansing Planning Board. It
is an option for a developer to apply for the tax incentives within the restricted Town
Center area.
Councilperson Wilcox stated that this opens up the opportunity for controlled commercial
growth that will benefit the taxpayers of Lansing.
Maureen Cowen asked the Town Board to consider a future Planner for the Town of
Lansing.
Councilperson Miller stated that when this process gets started she hopes there is a lot of
enthusiasm. She encourages people to attend the meetings to all work together and share
their ideas.
PLANNING and ENGINEERING DEPARTMENT REPORT:
Monthly Report:
The monthly activity report for the month of October was given to all Board Members
and the Town Clerk.
PARK and RECREATION DEPARTMENT REPORT:
Mr. Colt reviewed the following report with the Town Board:
Parks & Recreation Department
Town Board Meeting
11/15/11
RECREATION
• Our Youth Cheerleaders placed 2nd this season at the yearend
competition. Last year we won the championship and many thought vie
did this year too!! The kids had another very successful experience
putting in a lot of effort.
• Bowling has started and takes place afterschool on Monday's. The class
is full and sold out.
• The Basketball Program started last night. We have already made plans
to adjust our numbers to move all of our 6th graders to the Middle School
13
280
Gym. This move needed to be done for safety allowing more room in the
gyms for the players.
• Gymnastics has also started and takes place afterschool on Friday's. This
class is full and is also closed out.
• Youth Wrestling is scheduled to start November 29th and will run
through February IOth.
• Early Childhood Music Class is currently taking registrations for a
Holiday Session. This is a very new program for us and is for children
that are infants to 5 years of age.
• Adult classes are ongoing with Adult Open Swim, AM Strength &
Stretch, Step Cardio and now a new addition with ZUMBA classes.
• The Youth Service "High School Helpers" program has 3 students
working for us now. Two of the students are chaperones for the Bowling
Program and 1 student is cleaning and organizing our athletic equipment
prior to end of season storage.
PARKS
• Our main shop has been cleaned and organized for winter equipment
storage.
• With this late warmer weather we were able to purchase several plantings
and those trees and plants were actually planted this morning.
• We do have specific trees identified for removal, but will wait now until later when the
ground freezes.
Lansing Pathways Committee Report:
• Pathways completed a mulching project on Nov 5th with the help of committee
members and a few enthusiastic community volunteers. The mulch was donated
by Cascadilla Tree service. Two loads of mulch were spread under the area we
refer to as the "grove." It is adjacent to the parking area as you enter off 34B. It
looks nice and is ready for a few benches and a kiosk.
• We are also looking forward to the snow season and planning for sharing the trail
with the snowmobilers. We will be working with the snowmobilers to establish
signage for sharing the space.
Maureen Cowen
Lansing Pathways
APPROVE MINUTES.
A copy of the minutes of October 26, 2011 and November 9, 2011, having been
furnished to the Board Members beforehand, the Supervisor asked for a motion to make
corrections or to accept the same as submitted.
14
RESOLUTION 11494
Councilperson Wilcox moved that the minutes of October 26, 2011 and November 9,
2011 are herby approved as submitted. Councilperson Miller seconded the motion and it
was carried by the following roll call vote:
Councilperson Martin Christopher
Councilperson Robert Cree
Councilperson Kathy Miller
Councilperson Connie Wilcox
Supervisor A. Scott Pinney
APPROVE AUDIT and BUDGET MODIFICATIONS:
RESOLUTION 11 495
Aye
Aye
Aye
Aye
Aye
Councilperson Wilcox moved that the Bookkeeper is hereby authorized to pay the
following bills and to make the following budget modifications.
CONSOLIDATED ABSTRACT # 011
DATED 11/15/11
AUDITED VOUCHER #'s 1096-1175
PREPAY VOUCHER #'s
AUDITED TA VOUCHER #'s
PREPAY TA VOUCHER #'s
FUND
GENERAL FUND
HIGHWAY FUND
LANSING LIGHTING
LANSING WATER DISTRICTS
TRUST & AGENCY
1096 — 1100
100 — 105
TOTAL APPROPRIATIONS
WARREN RD SEWER- CAPITAL PROJ
LANSING SEWER DISTRICTS
DEBT SERVICE
$ 32.118.06
$ 115,457.13
142.64
$ 118,155.01
25,316.81
$ 609.75
$ 123.10
BUDGET MODIFICATIONS
General Fund A
FROM
TO
FOR
AMOUNT
A 1990.400
A1420.400
From
Contingency to Attorney Cont
10,000.00
A 1630.405
A 1630.400
From
Comm Center Repairs to Comm Center Contractual
700.00
*1990.400
A1640.400
From
Contingency to Town Barn Rd Cont
185.00
*1990.400
A9040.800
From
Contingency to Workers Comp Ins
11662.00
General Fund B
15
281
282
B8020.200
B8020.402
From
Planning
Board
Equipment to PB Legal
88020.401
B9040.800
From
Planning
Board
Engineering to Workers Comp Ins
Highway Fund DA
DA9060.800 DA9040.800 From Health Ins to Workers Comp Ins
Highway Fund DB
D135112.400 DB9040.800 From Road Improv Cont to Workers Comp
Water District SW
SW599
SW8320.400
From
Fund Balance to Source of
Supply
Cont
SW9030.800
SW9050.800
From
Social Security to Workers
Comp
Ins
2,000.00
460.00
1,285.00
705.00
50,213.00
420.00
Councilperson Cree seconded the motion and it was carried by the following roll call
vote:
Councilperson Martin Christopher
Councilperson Robert Cree
Councilperson Kathy Miller
Councilperson Connie Wilcox
Supervisor A. Scott Pinney
BOARD MEMBER REPORTS.
Marty Christopher: - No Report
Robert Cree: - No Report
Kathy Miller:
Aye
Aye
Aye
Aye
Aye
Councilperson Miller reported she attended the Planning Committee Meeting for the
Ithaca - Tompkins County Transportation Council today.
Connie Wilcox: - No Report
A. Scott Pinney - Monthly Report:
The Supervisor submitted his monthly report for the month of October to all
Board Members and to the Town Clerk
Town Counsel Report: No Report
ADJOURN MEETING.
RESOLUTION 11496
Supervisor Pinney moved to ADJOURN THE NOVEMBER 15, 2011 TOWN
BOARD MEETING AT 6 :50 PM. Councilperson Christopher seconded the motion and
it was carried by the following roll call vote:
Councilperson Martin Christopher
Councilperson Robert Cree
Councilperson Kathy Miller
Councilperson Connie Wilcox
Supervisor A. Scott Pinney
Minutes taken and executed by the Town Clerk.
Aye
Aye
Aye
Aye
Aye
Respectfully Submitted,
Debbie S. Crandall
16