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HomeMy WebLinkAbout2013-06-19 TOWN BOARD WORK SESSION MEETING JUNE 19, 2013 PLEASE NOTE: The primary purpose of the Town Board Work Session is to be informational/educational for the benefit of the Board Members. Public comment will be taken at the regular meetings when the items are scheduled on the agenda. Meeting Time: 6:00 pm—7:20 pm Town Board Members Present: Kathy Miller, Supervisor Katrina Binkewicz, Councilperson Robert Cree, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson Also, Present: Sharon Butler Bowman, Deputy Supervisor, Jack French, Highway Superintendent, Cricket Purcell, Deputy Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Guy Krogh, Town Counsel,David Herrick, Town Engineer, Sewer Committee Members: Dale Baker, C.J. DelVecchio,Noel Desch, and Andy Sciarabba, Dan Veaner, Lansing Star, Steven Smith, Connie Wilcox, Doug Myers, Claes Nyberg, Duane Ray, Roger and Marilyn Hagin, Barbara Fethers, John O'Neill, Village of Lansing, Matt Dedrick,Darin Buck, Adam Buck, Roger Hopkins, Jeremy Giordano, Dave and Joyce Heck, Ray Sill, Paul Dedrick, Marcy Rosenkrantz, Dan Konowalow, Reenie Sandsted, Marcia Herrick, Mike Milligan, Dave Buck, Ted Laux, Lou Fabi, RG Schnock, Philip Snyder, Sue Ruoff, Walker Reynolds and numerous other attendees. TOPIC OF DISCUSSION: Update from the Sewer Committee With no further business to discuss the Work Session meeting ended at 7:20 pm. REGULAR TOWN BOARD MEETING June 19, 2013 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing,NY on the above date at 7:38 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Kathy Miller, Supervisor Katrina Binkewicz, Councilperson Robert Cree, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: None ALSO PRESENT: Sharon Butler Bowman, Deputy Supervisor, Jack French, Highway Superintendent, Cricket Purcell, Deputy Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Guy Krogh, Town Counsel, David Herrick, Town Engineer, Dale Baker,Noel Desch,Andy Sciarabba, Dan Veaner, Lansing Star, Steven Smith, Connie Wilcox, Doug Myers, Claes Nyberg, Duane Ray, Roger and Marilyn Hagin, Barbara Fethers, John O'Neill, Village of Lansing, Matt Dedrick, Darin Buck, Adam Buck, Roger Hopkins, Jeremy Giordano, Dave and Joyce Heck, Ray Sill, Paul Dedrick, Marcy Rosenkrantz, Dan Konowalow, Reenie Sandsted, Marcia Herrick, Mike Milligan, Dave Buck, Ted Laux, Lou Fabi, RG Schnock, Philip Snyder, Sue Ruoff, Walker Reynolds and numerous other attendees. June 19, 2013 1 MOTION TO OPEN PUBLIC HEARING—ANNUAL STORM WATER REPORT Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING ON THE ANNUAL STORM WATER REPORT at 7:40 pm. Councilperson Robert Cree seconded the motion. All In Favor—Aye 5 Opposed—0 There were no comments. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 7:41 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor—Aye 5 Opposed—0 CONSIDER RESOLUTION APPROVING THE 2013 ANNUAL STORM WATER REPORT DISCUSION There was no discussion. RESOLUTION 13-99 RESOLUTION APPROVING 2013 ANNUAL STORM WATER REPORT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town's Annual Storm Water Report is prepared and due for the required annual review pursuant to Local and State Laws and related regulations; and WHEREAS, a copy thereof was timely filed in the Office of the Town Clerk for public review; and WHEREAS, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of June, 2013, at 7:40 P.M., to consider the Annual Storm Water Report, and all persons interested in the subject thereof were duly heard, and a summary and review thereof was duly had; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the 2013 Annual Storm Water Report be and hereby is approved, and once placed into its final form for submission to NYSDEC by the Town's Highway Department, said report may be signed and certified by the Highway Superintendent or Deputy Highway Superintendent, by, for, on behalf of and in the name of the Town of Lansing, and the same shall be thereafter duly filed with the NYSDEC. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 19, 2013. June 19, 2013 2 MOTION TO OPEN PUBLIC HEARING LOCAL LAW#3 OF 2013 Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING FOR LOCAL LAW#3 OF 2013 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C at 7:42 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor—Aye 5 Opposed—0 A resident asked for an explanation of the General Municipal Law §3-C to override the tax levy limit and why the Town Board was doing this. The Town Board explained that this would allow the Town Board to override the 2% tax cap if needed. It is not the Town Board's intent but if they don't pass this there could be serious trouble if something unexpected were to happen. This is a cap on the tax levy and does not mean that the Town is going to automatically override the two percent nor does it mean you need to increase taxes. If there is an increase in assessments and more revenue then rates go down. It is good business to do this and it is favorable for credit rating on bonding. This needs to be done prior to the adoption of the budget for the next fiscal year and is recommended by the NYS Comptrollers Office. The resident urged the Town Board not to override the tax levy limit as the cap was put there for a reason. The resident urged the Town Board to stick to a firm budget and to do more with less than what you are given. The Town Board invited the resident to come to the Town Hall for further explanation and invited the public to come to the budget meetings. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING at 7:55 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor—Aye 5 Opposed—0 CONSIDER RESOLUTION ADOPTING LOCAL #3 OF 2013 DISCUSSION There was no further discussion after the Public Hearing. RESOLUTION 13-100 RESOLUTION ADOPTING AND ENACTING LOCAL LAW#3 OF 2013 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a budget for the fiscal year 2014; and WHEREAS, said proposed Local Law proposes: (1)to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins pursuant to General Municipal Law §3-C (2)pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2014 and ending December 31, 2014 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-C; and WHEREAS a Public Hearing was duly held upon June 19, 2013 at the Lansing Town Hall, 29 Auburn Road, Lansing,New York, whereat the public was invited to comment June 19, 2013 3 upon the proposed Local Law, and whereat all persons interested in the subject were duly heard and all evidence submitted, if any, was duly received; and WHEREAS,upon due deliberation thereupon, and in consideration of all discussions and matters arising from or in relation to the aforesaid public hearing, the Town Board of the Town of Lansing has hereby Resolved, and thus be it so enacted, as follows: RESOLVED, that Local Law Number 3 of 2013 be and hereby is approved and adopted in the form as presented to this meeting, and in such form"be it so enacted"; and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor(of other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and(ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the State Records and Law Bureau, Department of State, 41 State Street, Albany,New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz -Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 19, 2013 TOWN OF LANSING, TOMPKINS COUNTY,NEW YORK LOCAL LAW NUMBER 3 OF 2013 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as "Local Law,Number 3 of 2013". It is the intent of Local Law Number 3, of 2013 to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins pursuant to General Municipal Law §3-C, and to allow the Town of Lansing, County of Tompkins to adopt a Town budget for(a) Town purposes, and(b) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2014 and ending December 31, 2014 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-C. SECTION 2: AUTHORITY: This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-C,which expressly authorizes the Town Board to override the tax levy limit by the adoption of a Local Law approved by vote of at least sixty(60%) of the Town Board. SECTION 3: TAX LEVY LIMIT OVERRIDE: The Town Board of the Town of Lansing, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-C. June 19, 2013 4 SECTION 4: SEVERABILITY: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,paragraph, subdivision, or part of the Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 5: EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State. Adopted June 19, 2013 PRIVILEGE OF THE FLOOR: After a lengthy privilege of the floor, over 17 residents addressed the Town Board with their concerns. Among the topics of discussion were the proposed sewer project and vote, the Farmer's Market, Open Meeting Law, assessments and taxes. Over six residents favored abandoning the sewer project altogether. Over six residents and a letter submitted by one were asking for a vote on the project. One resident supported sewer as a 12A district but not the current 12C project. The Town Board members were asked by a resident to state their position on the sewer project. Supervisor Kathy Miller is in favor of the sewer for three reasons. One, it affects the lake two, is the school needs sewer and three, is to have more development to produce a better tax base so that the school taxes don't rise. Councilperson Robert Cree conceptually supported the 12A sewer project but does not favor the current 12C sewer project. Councilperson Ruth Hopkins believes in listening and an empowered process. Initially folks in Town stated it was needed in the Comprehensive Plan and to support the Town Center. If now folks don't want or see any benefit then she doesn't think the town should do it. Councilperson Edward LaVigne initially supported the sewer project but after doing research and listening to the people he does not support the 12C project. Councilperson Katrina Binkewicz is in favor of the sewer project to achieve a diversified economic growth in the town which will also fiscally support the schools. A resident inquired if there is a vote how would it be run. Counsel Guy Krogh stated the Constitution,NYS Comptroller, the Attorney General, Courts and confirmation from the Counsel of Association of Towns, states unless you are statutorily authorized to conduct a vote you are not permitted to do it and it is an illegal expenditure of funds. The exception is to have the Legislature pursuant to a"Home Rule"request authorize the vote. New York State Law defines who is an eligible voter in an improvement area or district. On June 15, 2013 the Town Board passed Resolution 13-98 entitled"Elections: Home Rule Resolution Requesting Special Legislation". The State Senate has approved the earlier vote but the Assembly currently has not. Legislative Session ends Friday and will not reconvene until January of 2014. Supervisor Kathy Miller stated that there would be some kind of vote or straw poll even if the State doesn't approve an official earlier vote. If the Town Board proceeds with the sewer project it would be subject to a permissive referendum. June 19, 2013 5 Several residents saw the Farmer's Market as a community project and were unhappy that it was not continuing this year. A resident witnessed more than two Town Board members and the Deputy Supervisor at a home of one of the Town Board members at 10:00 a.m. on June 7th, 2013. The resident reminded the board that under the Open Meetings Law there can't be more than two board members present at one time. The Town Board was encouraged to attend County and School Board meetings to speak on spending control and tax increases. Several residents stated they were not in favor of a town center and like the Town of Lansing just the way it is currently. The Town Board encouraged community members to get involved. The Board thanked everyone for coming and voicing their concerns. Supervisor Kathy Miller stated that you can agree to disagree and come together to work on the solution. After the Privilege of the Floor the Town Board took a five minute break. TOMPKINS COUNTY REPRESENTATIVE —PAT PRYOR Ms. Pryor wanted the public to know she would not be in attendance tonight as she is having same day surgery today, her report follows: To: Lansing Town Board From: Pat Pryor, Representative, District 6,Tompkins County Legislature Re: June report Date: 6/19/2013 1. The group considering changes to the County's livable wage policy is still working on proposed language that would update County Policy on the Livable Wage. My opinion at this point is that there is not substantial support among Legislators for raising property taxes in order to expand the provisions of the current Policy. While I support the concept of a living wage for everyone working full time, I am not willing to require it if it means raising property taxes to do so. I do not support raising property taxes to provide resources to non-profits so that they can pay a living wage, or,to pay higher- than-otherwise prices to contractors to accommodate living wages for all of a contractor's employees. I'd be happy to discuss this further at your next meeting if you'd like me to do so. 2. The County's Ethics Law has been under review for about 2 years, with input from the public, the County Ethics Advisory Board, Department Heads and staff and the Government Operations Committee. Following discussion at last evening's meeting a date was set for a Public Hearing on proposed changes to the current law. The Public Hearing will be held on July 2nd at 5:30 pm in the Legislature chambers in the County Courthouse. The draft law will be posted on the County website, www.tompkins-co.org. HIGHWAY DEPARTMENT REPORT: Highway Department Agenda 6/19/2013 1. Finished Gate at Salt Point 2. Work on Gravel Roads 3. Water main breaks on Ridge Road and Waterwagon Road 4. Road work on Gulf Road 5. Grandview Drive extension June 19, 2013 6 6. Work with T.G. Miller on mapping M.S. 4 tributaries 7. Work to begin next week for Ludlowville storm water project with County starting the Retention Pond on Lansingville Road next week PARK and RECREATION DEPARTMENT REPORT: Parks & Recreation Department 6/19/13 Town Board Meeting RECREATION • The summer program registrations have been coming in at a steady pace. Several program offerings are full, but there still is availability and many choices. In the short time that the booklets have been available (May 12—June 18), we have collected $65K in program fees. • The Late Summer & Fall program booklet is also completed and has been distributed in the schools. These programs include Small Fry Football, Small Fry Football Cheerleading, Flag Football and Fall Soccer. • The spring LBP and LSP baseball and softball programs were completed last Saturday. All of the program equipment has been turned in and is being sorted, cleaned, organized and put away. Nikki VanOstrand (High School Helper) program is working on this project and doing a great job. • Travel baseball and softball teams are set. We have a 12U Softball team, a 12U Baseball team and three 10U Baseball teams. They have all started practicing and will start to play a local schedule of games and will conclude at the end of July. PARKS • The swim area at Myers Park is being relocated about 50 yards north of the usual location. This location will be a more functional location and safer for our patrons. Our lifeguards will be putting the boundary ropes in today and the health department will be inspecting on Thursday. The area will open for the season on Monday June 24th • Several old, large, unhealthy and leaning Cotton Wood trees have been taken down and removed. We have already planted 2 new trees this spring. The grounds really look great so far this season with the rain that we have had compared to last year at this time. • The Park is VERY busy already and soon to get more hectic. Currently, many school class picnics are taking place. The Fireworks are scheduled for July 3rd and the Lion's BBQ is the next day on the 4th. Most of the months of July and August are sold out for Camping. Pavilions are sold out on the weekends and the concerts start July 11th • Roger Hopkins reported on behalf of the Pathways Committee. The kiosk is in progress and is half filled and the railroad path history sign has been installed. They are waiting for the process of the Emilie Jonas Falls easements to be June 19, 2013 7 completed and start construction of the trails on this land. There are three young men who are trying to construct the trail down the cliff at Gulf Creek. CONSIDER RESOLUTION ACCEPTING EMILIE JONAS FALLS PATHWAYS EASEMENTS AND RELATED CONNECTOR TRAILS DISCUSSION: Roger Hopkins submitted the following map: '1,-,:f. N_•_r le o a l.g k as 1 .L.-0 1 , 2: A , r ra to -. ,,.. z k ki '7^,f mar P4 CO til i,a.* 4''•,,,A . �'. * / k� : m- - ; ' '' I I Irk, 4 1r- t }° • CD n J �+r.....- 4 0. 4 'f a %VI '. t. LE ND s 9i i' $ CD P. 1-i- x 44 1-.1 a 4 11- f g Y- C) M .,,., 9 Tin � y 1 1 ElINt-` .. a*, -I' -1,- - . *-i -- N li .„ 0...4if6, itio. .4 �. j ; . -eili IN. f`, i y;ry3/, a r' - - !`e. . '� r ,,,, i i1- �4. .. s 's �,-,= T / N t ..0, _ 1F0 RESOLUTION 13-101 RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PATHWAYS EASEMENTS FOR EMILIE JONAS FALLS AND RELATED CONNECTOR TRAILS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Lansing Recreational Pathways Committee ("LRPC"), certain town residents and landowners, and Town Counsel have worked together to establish a trail way in the southern area of Lansing providing access to Emilie Jonas Falls, a scenic area, June 19, 2013 8 and from there to connect to a larger trail system running to soccer fields in the vicinity of the The Rink and The Field; and WHEREAS, a prototype trail and pathway easement in gross was developed to permit trail development and maintenance while also protecting the Town and those who have been generous enough to allow the public to use and enjoy such trails and have access to a unique natural scenic area known as Emilie Jonas Falls; and WHEREAS, upon due deliberation thereupon, and in consideration of all discussions and matters arising from or in relation to the work of the LRPC in relation to such pathways and trails, the Town Board of the Town of Lansing has hereby: RESOLVED, that the proposed easements for Emilie Jonas Falls and the connector trails across the lands of Young be and hereby are accepted, and the Supervisor and Deputy Supervisor be and each is hereby severally authorized to further discuss and negotiate the terms of such easements, to amend the terms of such easements in the future as necessary or convenient in the best interests of the Town, and to execute such easements by, for, on behalf of, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz- Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 19, 2013 CONSIDER RESOLUTION AUTHORIZING REPLACEMENT OF 10 WHEEL DUMP TRUCK FOR HIGHWAY DEPARTMENT DISCUSSION The Town Clerk informed the Town Board that before she prepared the resolution she confirmed all the necessary information with the Highway Superintendent. RESOLUTION 13-102 RESOLUTION AUTHORIZING PURCHASE AND COMMITMENT TO PURCHASE HIGHWAY TRUCK WITH PLOW AND BOX KIT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Highway Department has identified its need for a new highway truck with box and plow kit and has utilized the County Bid for pricing such vehicles and equipment; and WHEREAS, the Town Board has fully reviewed such need and the options for the same, including the purchase of the same from reserves and fund balances; and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Highway Superintendent and Town Clerk be and hereby are authorized to issue a commitment to purchase a new truck from Stadium International and equipment therefore from Henderson, in a combined amount not to exceed $200,000.00, and payment for the same is hereby made, authorized, and committed from the Highway Equipment Reserve Fund and the General Fund balance, and from such June 19, 2013 9 other allowed funding sources as hereafter determined and by the Town Supervisor and/or the Town Board. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 19, 2013. CONSIDER RESOLUTION FOR ABANDONMENT OF THE ALGERINE ROAD EXTENSION SPUR UNDER HIGHWAY LAW §205 DISCUSSION Counsel Guy Krogh stated that the County Highway Superintendent makes the determination as to whether there is a need for a public highway or if it is being used as one. If it is completely abandoned you can terminate it as a public highway but if there is some level of justice or there is some residual use as a public highway then you can only qualifiedly abandon it. By law the County Highway Superintendent conducts an investigation and hearing along with notification to everyone. RESOLUTION 13-103 RESOLUTION DETERMINING NON-QUALIFYING USE OF PUBLIC HIGHWAY KNOWN AS THE ALGERINE ROAD EXTENSION OR SPUR, DECLARING QUALIFIED ABANDONMENT THEREOF UNDER HIGHWAY LAW § 205,AND DIRECTING MATTER TO COUNTY HIGHWAY SUPERINTENDENT FOR HEARING AND PROCEEDINGS THEREUPON The following Resolution was duly presented for consideration by the Town Board: WHEREAS, many years ago the intersection of Algerine Road, where it met and became Lansing Station Road, was re-designed and an old spur line that served as a private driveway to a residence and/or cottage remained connected to such intersection; and WHEREAS, such spur was once declared as part of the public highway system of the Town of Lansing, but for longer than the past decade no more than two vehicles have used such spur and for most, if not all, of such time the home/cottage has remained unoccupied; and WHEREAS, Highway Law § 205(2) permits a Town Board to determine whether the requisites for a qualified abandonment have been met as to any portion of any highway, and thereafter make findings, a declaration, and to refer the matter to the County Highway Superintendent for proceedings and the issuance, if appropriate, of an order of qualified abandonment; and WHEREAS, the Lansing Highway Superintendent has monitored such roadway spur for years and has presented information to the Town Board supporting the qualified abandonment thereof, and the Town Board has reviewed the facts and information and determined that such roadway spur is not in use as a highway and therefore qualified for a qualified abandonment under law; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby: RESOLVED, that the roadway known as the old Algerine Road Extension, or spur, be and hereby is determined not to be wholly disused, but the portion of such roadway as June 19, 2013 10 described below has not been used or traveled along the greater parts thereof by more than 2 vehicles per day for the prior 2 years; and it is further RESOLVED AND DETERMINED, that the qualified abandonment thereof will not cause injustice or hardship as such roadway spur is not in use and has not been used for over 6 years, but the same serves as an access-way or private driveway to a cottage located nearby and the qualified abandonment will preserve such access thereto; and it is further RESOLVED AND ORDERED, that the Town Clerk deliver certified copies of this Resolution to the Tompkins County Highway Superintendent and request that: (i) said Superintendent conduct the proceedings required under Highway Law § 205; and (ii) declare and order the qualified abandonment of the entirety of the easterly and northerly spurs of the Old Algerine Road as extends from the intersection of Algerine Road and Lansing Station Road, such section of road being more particularly described as follows: All that portion of the Algerine Road, now sometimes called the old "Algerine Road Extension," consisting of all highway lanes and related areas east of the curve where Algerine Road turns into Lansing Station Road, and continuing east for 345 feet, and thereafter including all driveways, private ways and extensions thereof easterly towards Cayuga Lake and/or thereafter northward along Cayuga Lake, to the terminus of such roadway spur (to the extent the same, or any portions thereof, are or may be public highways; and it is further RESOLVED AND ORDERED, that the Town Clerk also deliver a certified copy of this Resolution to the landowners upon each side of the portion of such road proposed to be qualifiedly abandoned: the same being determined from inspection and as based upon the last completed assessment rolls of the Town and the addresses of the said owners as officially listed therein: (i) Ralph & Eleanor Barnard, 234 Bella Vista Drive, Ithaca, New York 14850; and (ii) John & Elaine Alexander, P.O. Box 4568, Ithaca,New York 14852-4568. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor, Kathy Miller- Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 19, 2013 APPROVE AUDIT and BUDGET MODIFICATIONS RESOLUTION 13-104 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 006 DATED 06/19/13 AUDITED VOUCHER #'s 491 - 630 PREPAY VOUCHER #'s 491 - 497 AUDITED T & A VOUCHER #'s 35 — 46 PREPAY T & A VOUCHER #'s 35 — 40 June 19, 2013 11 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 95,460.74 HIGHWAY FUND (DA&DB) $ 82,548.76 LANSING LIGHTING (SL1, 2 &3) $ 2,457.75 LANSING WATER DISTRICTS (SW) $ 26,040.79 TRUST & AGENCY (TA) $ 36,292.30 LANSING SEWER DISTRICTS (SS1, SS3) $ 9,080.63 DEBT SERVICE (V) $ 0.00 Supervisor Kathy Miller seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller- Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on June 19, 2013. BOARD MEMBER REPORTS: Katrina Binkewicz—No Report Edward LaVigne—No Report Ruth Hopkins—Thanked Sharon Bowman for her help with the multi year spread sheets. Robert Cree—Reminded the Town Board about the audit meeting on the 26th of July at 11:00 a.m. in the small Court Room. Kathy Miller—Reported that she and Sue Munson attended training and she is doing a great job in the Supervisor's Office. She learned that the Town does not need an external audit. Monthly Report The Supervisor submitted her monthly report for the month of May 2013 to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT—No Report MOTION TO ADJOURN MEETING Councilperson Robert Cree moved to ADJOURN THE JUNE 19, 2013 TOWN BOARD MEETING AT 10:15 PM. Councilperson Katrina Binkewicz seconded the motion. All In Favor—Aye 5 Opposed- 0 Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall June 19, 2013 12