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HomeMy WebLinkAbout2016-05-18 May 18, 2016 1 REGULAR TOWN BOARD MEETING May 18, 2016 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 6:34 p.m. The meeting was called to order by the Supervisor, Edward LaVigne and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Edward LaVigne, Supervisor Andra Benson, Councilperson Katrina Binkewicz, Councilperson Robert Cree, Councilperson Doug Dake, Councilperson ABSENT: None ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Mike Moseley, Deputy Highway Superintendent, Michael Long, Town Planning Consultant, John O’Neill, Village of Lansing, Ted Laux, Jaime Cone, Lansing Ledger, Sue Ruoff, Tammy Morse, and a few other attendees. LANSING COMMUNITY LIBRARY REPORT – EMILY FRANCO The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY MAY 17, 2016 1. LCL’s 3rd Annual LCL Logo Contest winners were Hazel Thomas and Kiera Tornuschulio. The winning logo was announced at our Annual Meeting on April 18 and will be featured on Summer Reading program gifts, library newsletters, posters and the LCL web site for one year. 2. The LCL budget was approved by voters on May 2, 2016 and the three incumbent trustee candidates, Andra Benson, Liz Miller and Tania Lawrence were re-elected. 3. LCL will be closed on Monday, May 30, 2016 in observance of Memorial Day. 4. Upcoming programs: a. The Summer Reading Kick off is scheduled for Saturday, June 18th and the Spring Book Sale will be held both Friday and Saturday, June 17 & 18 in conjunction with the kick-off. Beauty and the Beast Storytellers are the featured performers at the kick-off. b. On Saturday, July 16th, the Merry-Go-Round Youth Theater will perform “The Tortoise and the Hare” at Myers Park. 5. The newest art exhibit was coordinated by the East Shore Festival of the Arts. The display features the work of over 20 regional artists. LCL participated in the grand opening celebration on May 6th and the art exhibit runs until June 24. MOTION TO OPEN THE PUBLIC HEARING –ADOPTION OF LOCAL LAW #5 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1612 TO MAP AND CODIFY THE EASTLAKE PLANNED DEVELOPMENT AREA Councilperson Andra Benson moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #5 OF 2016, AMENDING THE LAND USE ORDINANACE TO ADD § 1612 TO MAP AND CODIFY THE EASTLAKE PLANNED DEVELOPMENT AREA at 6:35 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed – 0 MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Andra Benson moved to CLOSE THE PUBLIC HEARING at 6:36 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 May 18, 2016 2 MOTION TO OPEN THE PUBLIC HEARING - ADOPTION OF LOCAL LAW #6 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #6 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA at 6:37 pm. Councilperson Andra Benson seconded the motion. All in Favor - 5 Opposed – 0 MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING at 6:38 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO OPEN THE PUBLIC HEARING – ADOPTION OF LOCAL LAW #7 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY THE WOODLAND PARK PLANNED DEVELOPMENT AREA Councilperson Doug Dake moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #7 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY THE WOODLAND PARK PLANNED DEVELOPMENT AREA at 6:39 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed – 0 MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING at 6:40 pm. Councilperson Andra Benson seconded the motion. All in Favor - 5 Opposed - 0 TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER The following report was available as a handout. Tompkins County Legislator Michael Sigler May 18, 2016 Hello, I’m sorry I couldn’t make the meeting tonight, but I had another engagement. At the first meeting this month, the Legislature approved a 2017 tax levy goal and spending targets for 2017. The tax levy resolution directed County Administrator Joe Mareane to prepare a recommended operating and capital budget that can be supported with a tax levy increase of 3%. That vote was 9-4, with Legislators Mike Sigler, Glenn Morey, Dave McKenna, and Leslyn McBean-Clairborne voting no. (Legislator Peter Stein was excused.) I voted against this as I wanted to stay within the state cap which is 2.49%. It’s my experience the spending only goes up during the budgeting process at the county, not down. It’s true we are taking a hit from a drop in sales tax, but that shouldn’t be made up by the property tax. It’s projected that 2017 sales tax revenue will drop by $860,000 from the 2016 budgeted level, an amount equivalent to about 1.8% in the property tax levy. The $1.4 million increase in the levy would represent an estimated increase of $34 for the owner of a median-valued $170,000 county home. May 18, 2016 3 The Legislature, by a vote of 10-3 (Legislators Mike Sigler, Glenn Morey, and Dave McKenna voted no; Legislator Peter Stein was excused) authorized an inter-municipal agreement with the City of Ithaca to provide financial assistance for the City of Ithaca’ s Gorge Ranger program this season at the Six Mile Creek Gorge, as a one-year pilot initiative. The County will spend $7,500, toward two additional gorge rangers. I couldn’t support the program. It’s “going after victimless crime and another touch of ‘Big Brother-ism,’’’ and will prevent people from doing something that has been done forever. Ithaca City Clerk Julie Holcomb said the problem is different now than in the past, often with huge crowds, drugs, and alcohol. The state passed another unfunded mandate and the Legislature, without dissent, passed two resolutions related to it: the District Attorney’s salaries. We called upon New York State to fully reimburse counties for the District Attorney salary increases set by the State. State Judiciary Law mandates that county district attorneys’ salaries be equal or higher than a County Court or Supreme Court Judge in a county. While the State for over 50 years has funded such salary increases imposed on counties, that funding was not included in this year’s State budget. An increase raising Supreme Court Judges’ salaries to $183,000 in 2016 and $203,000 in 2018 was approved as part of the budget, but funding was not included to reimburse counties for the increase in D.A. salaries. At yesterday’s meeting we approved a resolution calling for ethics reform in Albany. I had to leave early and missed the vote, but I would have voted for it, despite not agreeing with some of the outlined bullet point fixes to the ethical problems. It seems to me that disclosure and outside income are what’s getting legislators and the executive branch in trouble, not the amount of money given in campaigns. The resolution went farther, but we have to start somewhere and these suggestions would get us to the table. We also approved a bonding issue for the William George Agency so they can expand. The agency is fully responsible for that bond, but the county is acting as a sort of pass through. Thank you for allowing me to give this report and I’m sorry I can’t be with you tonight. Mike Sigler PARKS AND RECREATION REPORT – STEVE COLT The following report was available as a handout. Parks & Recreation Department 5/18/16 Town Board Meeting RECREATION  Our “in-house” LBP and LSP teams are playing and are close to half way through the season. The season concludes on June 11 (Super Saturday). We hope to have Jump Around Inflatables on site to make the day a little more fun for our players and families.  On Wednesday June 1st, I will be hosting our annual Travel Baseball coaches meeting. This is the meeting where all of the areas 10U and 12U coaches discuss summer baseball and establish playing schedules.  We are also hoping to have older teams this summer for 14U and 16U baseball and 14U softball. These teams would also start play by the middle of June.  The Art Show took place on Friday May 6th and had a good turn-out. The art work will remain on display until June 24th. This also includes all of the work that is on display in the Library too. May 18, 2016 4  The Summer Program Booklet has now been out in the public for a little over one week and we are getting a steady return of registration forms. This year’s booklet has 35 different camps/programs along with 5 Youth Service Programs and the registration form for the Lighthouse 5K Race. Please see our booklet! We have already taken in over $34K in summer program fees alone !!!  This looks like the year where our Town Center Trail will become the training s ite and HOME race course for the Lansing High School Cross Country team. With very few adjustments, the Trail looks to be a very good race layout. PARKS  The Park grounds in both Myers and Ludlowville are looking really good. The highlight is the start of the paving project in Myers Park. This will be a huge improvement and will look great for years to come.  Pavilion rentals and camp site reservation calls are increasing everyday and much of July is sold out.  The Health Department has completed their annual inspection and we are now officially open for the season for camping with the Memorial Day holiday marking the true start.  We are very fortunate again this year to have a volunteer work crew from Cargill. They will be with us on Friday May 27th. A great day to really accomplish a lot and have fun doing it!  Dry Dock spaces are still, surprisingly, available. We have 5 spaces still open… We never usually need to advertise, but may do this soon to sell out. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL Reviewed the following items with the Town Board. 1. Myers Park Paving – Working on this project; able to pave more than expected because the price of black top is currently low. Should be completed the week of May 23, 2016. 2. Various other projects and routine maintenance. 3. Village of Lansing – Relations going well, assisting with a couple of their projects. 4. Request resolution to hire two seasonal laborers a. There is money in the Highway Department Budget to hire seasonal laborers. b. The rate of pay will be no more than $15.00 per hour. c. One of the qualified candidates is Cricket’s son. d. Deputy Highway Superintendent, Mike Moseley will be interviewing the candidates, deciding which ones to hire, the rate of pay, and conditions of employment. e. Cricket will not be involved in this process. f. Cricket will consult with Town Counsel Guy Krogh, if necessary. The Ethics Board can also be contacted. PLANNING CONSULTANT REPORT – MICHAEL LONG Reviewed the following with the Town Board and the report was available as a handout.  Novalane – Jack Young o Preliminary Plat subdivision plan with turn around extension of Smugglers Path. May 18, 2016 5 o SEQR – classified as an “Unlisted Action” and will have resolutions available. o Public Hearing opened Feb 9th for the “Flag Lots” – still open. o Storm Water Plan SWPPP reviewed by T.G. Miller, letter dated Jan 26, 2015 of issues, revisions currently underway o Site meeting to walk future Smugglers Path road extension – 5/7/2015 – o Request for 1 lot subdivision as an interim step before the entire subdivision is completed – Sept 28, 2015. Withdrawn at this time. o Preliminary and Final Plat approvals - TBD.  West view Partners, Boris Simkin – Sun Path R1 Zone - Major Subdivision – 4 Lots + Parent parcel (5). o Original application - 3 lot subdivision classified as minor o Joint Planning Board / Town Board Meeting Oct. 6, 2014 to review the history of the Sun Path development- reclassified as a “Major Subdivision” and future phases to be included and storm water considerations. o Designated a Major subdivision (4 lots and ROW issues) – phase plan completed by T.G. Miller with ROW access and future roads included (drawing dated 12/15/2015). o Revised Subdivision Plan (12/15/2014) - submitted to TG Miller Storm Water Plan for 4 lots with future lots #5-10 and road to north. o Revised 239 Review from County – response 50 foot buffer 3/30/2015 o SWPPP plan reviewed by T.G. Miller, recommended changes letter 3/23/2015, Meeting held on 4/8/2015. o Field work completed 9/4/2015 with Dave Herrick on site. o Revised SWPPP submitted Jan 10, 2016 and review letter issued 1/14/2016 by T.G. Miller o Revisions to the draft subdivision map are being prepared by T.G. Miller. o Public Hearing date –March 28, 2016 Planning Board Meeting o SEQRA and Preliminary Plat approval – April 11, 2016. o Final Plat review –approved with conditions April 25, 2016 meeting.  Lake Forest Circle Drive – L1 Zone - Major subdivision of 16 lots plus storm water. o Tompkins Co. 239 review (Letter 11/12/2014) has been completed. o Storm water plan revisions requested T.G. Miller. Letter dated 11/19/2014. o Revisions are being made to the SWPPP materials. Submitted 10/26 revised maps. Letter (Oct. 27, 2015) from Tim Buhl in response circulated. Comments on map sent on map 10/28/2015. o “Public Hearing”- held December 14, 2015. o SEQRA, Preliminary Plat approval December 14, 2015 – included waiver of new town highway specs. o Discussion regarding existing easements and potential changes – propose meeting with owner and staff to resolve outstanding issues. o Revised SWPPP documents submitted for review T.G. Miller March 16, 2016. o Final Plat approval – TBD.  Ag Plan – Follow up meeting – finalize report meeting June 1, 2015 o Joint Planning Board and Town Board meeting held– June 22, 2015 o Town Board adopted Ag Plan on Sept. 16, 2015. o Ag Committee members appointed by the Town Board February 17th meeting. o First Ag Committee Meeting held Monday March 7, 2016. o Next Ag Committee meeting Monday - July 11, 2016 at Linda’s Diner. May 18, 2016 6  Mirabito Holdings, Inc. – Site Plan Requested – Town Barn Road B2 Zone. o 3 acre phased development – LP Gas storage facility with later phase petroleum. o Informal Site Plan meeting – PB held Oct 26, 2015 o PB is requesting a “Public Hearing” to be established after SWPPP is prepared. o 239 Review requested underway. o Storm Water Plan submitted 1/11/2016 for T.G. Miller review. o Applicant’s agreement executed 1/18/2016 with deposit. o Set “Public Hearing” as requested by Planning Board – January 8, 2016. o Applicant has submitted the Fire Safety Analysis dated March 1, 2016. o Revisions being made to the site plan for new driveway entrance and additional landscaping to coordinate with the SWPPP plan before final submission. o Town Board designated Town Barn /Verizon Lane as a “public road” – April 20, 2016 mtg. o SEQRA and Site Plan approval – proposed May 9, 2016 mtg.  A. Scott Pinney – Peruville Road Site Plan (RA Zone) to add 15 additional duplex buildings in addition to 4 existing duplexes and office / barn complex. o Site Plan draft submitted (12/2014, meeting held and revised site plan resubmitted (9/14/2015). o Application for Site Plan and Developers Agreement –received 11/15/2015. o Revised SEQRA application received 11/16/2015. o SWPPP submitted to T.G. Miller – Oct. 2015 preliminary review underway o Revised SWPPP submitted 11/12/2015. o SWPPP comments from T.G. Miller 11/24/2015 to engineer, waiting response. o 239 Review – comments received 1/6/2016. o SWPPP revision dependent upon drainage tests. To be done. o SEQRA, SWPPP and Site Plan approval – TBD  Cell Tower – Crown Castle (Verizon Wireless tenant) – applicant represented by Matthew Kerwin attorney of Barclay Damon (Syracuse, NY). o Preliminary application materials received 3/21/2016. o Copy application submitted to structural engineer for review and comments. o Sketch Plan review meeting – April 11, 2016 o Planning Board mtg discussion April 25, 2016 -Tower Height does not comply with the current fall zone regulations. o Balloon site testing on hold– Visual Analysis to be rescheduled. o SEQRA / Site Plan approval – TBD.  Comprehensive Plan – Town Board appointment of members Jan 4, 2016 o Planning Board Members appointed: Lin Davidson, Larry Sharpsteen, Jerry Caward and Sandy Conlon. o Requested additional members - Lansing Star and town web site. o Reorganizational meeting held Wed. Jan. 13, 2016 at 7:00 PM. o Committee Meeting scheduled for first Wed. of the month at 6:00 PM. – next 6/1/2016. Committees have been consolidated and new members assigned. o Full Comprehensive Plan Committee meetings 2nd Wed. – at 6:00 PM - next 5/11/2016. May 18, 2016 7 Michael reported the committees for the Comprehensive Plan are working on the draft for their sections. He stated July 18, 2016 is the tentative date for the public hearing for the draft of the Comprehensive Plan. Michael noted the Town Board and the Planning Board will receive sections of the draft plan prior to the public hearing. Katrina Binkewicz reported it will also be posted on the Town website. Michael reported the next Agriculture Committee meeting will be July 11, 2016 at Linda’s Diner, 9:00 a.m. He stated Jay Franklin Director of Assessment, and Scott Doyle Tompkins County Planning Department, attended the last meeting. Michael noted they talked about assessments and agriculture exemptions. ENGINEER’S REPORT – DAVE HERRICK The following report was available as a handout. ENGINEER’S REPORT 1. Water System Planning and Maintenance a. Town CWD, Bone Plain Pressure Zone • Existing connected water customers have been notified of target dates for placing the higher pressure zone into operation. Flushing and disinfection of the mains and tank has been progressing this week. • Pavement and lawn restoration is also moving forward. b. Town CWD, Triphammer Terrace Extension • Design drawings, specifications have been approved by Bolton Point and TCHD. • Permanent and temporary easements for the new water main need to be obtained from the landowners on the east side of Triphammer Terrace between Aspen Way and Tahoe Trail. TGM will draft a cover letter for Town Supervisor. • Town Attorney to draft easement agreement specific to each parcel. • Town Highway Superintendent and Town Engineer will be available to meet at landowner request. c. Town CWD, Extension 1: Lansing Station Road Boundary Extension • New Norfolk Southern personnel have been contacted to arrange a site meeting along the impacted portion of the railroad. The purpose of the meeting will be to understand where ‘strict’ NS requirements for construction might be flexible based on actual field conditions such that water system construction costs can be reduced. May be helpful to have Town Supervisor call and reinforce the ‘urgency’ of scheduling the meeting. 2. Stormwater Planning and Maintenance a. The Town’s portion of annual MS4 (Municipal Separate Storm Sewer System) report to NYSDEC has been submitted to TCSWCD. • Town Supervisor will be signing the forms on behalf of the Town. 3. Code Enforcement and Planning a. Recently Completed Development Reviews and Planning Department Assistance • Mirabito Petroleum Facility • Lake Forest Circle Subdivision • Town Comprehensive Plan maps for water, sewer and roads. • Tompkins County B&T Park Masterplan AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX Nothing to report this month. COMPREHENSIVE PLAN COMMITTEE REPORT – CONNIE WILCOX Nothing to report this month. May 18, 2016 8 PRIVILEGE OF THE FLOOR – No one addressed the Town Board. RESOLUTION APPROVING AND ADOPTING LOCAL LAW #5 OF 2016, CODIFYING THE EASTLAKE PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2) for Local Law #5 of 2016. RESOLUTION 16-84 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #5 OF 2016, CODIFYING THE EASTLAKE PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1612 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #3 for the Eastlake PDA, and by specifying the allowed land uses and related regulations for such PDA #3; and WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as interrelated community and residential uses, and the Comprehensive Plan recognizes that certain community buildings and uses and recreation are appropriate in residential areas, and that this type of development serves to benefit the community generally; and WHEREAS, PDA #3 was approved in or about 1988, by application of Cheryl Nickel, Developer, as a residential subdivision with a community center, a business multi-use office, community-use and recreational lots, and some higher-density lots, and the development of the site was governed by the Eastlake Declaration of Covenants and Restrictions, dated August 22, 1988 and filed August 24, 1988 in the Tompkins County Clerk’s Office at Liber 32 of Miscellaneous Records, Page 736 (and this declaration was thereafter amended by a First Amendment to the Declaration of Covenants and Restrictions – Eastlake, as filed in said Clerk’s Office upon June 29, 2007 as Instrument Number 510977-001) (hereinafter jointly and severally the “Declaration”), and other than the community center building and land upon Cayuga Lake as acquired by the Eastlake Homeowners Association, Inc. from the Developer (Inst. #509607-001), the balance of the PDA is a traditional residential subdivision generally consistent with current and past R1 zoning requirements in the Town of Lansing; and WHEREAS, much of the above was mapped in and upon the Final Plat for PDA #3, filed in the Tompkins County Clerk’s Office upon August 24, 1988, as Instrument #BF - 017906-001, at Map Drawer K 109-114; and WHEREAS, a full environmental review occurred when the PDA was formed and additional reviews have occurred since such date as lot uses have changed (such as the Community Center), and as these are not comprehensive new regulations, and as they do not effect changes to any land uses or districts, and as such uses have been allowed since 1988 and, although over 25 acres in size, no new uses are proposed and no changes in uses within the PDA are proposed, this action is classified as an Unlisted Action under SEQRA; and WHEREAS, a public hearing to consider the proposed local law and its potential environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and May 18, 2016 9 WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency in this uncoordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter was referred to County Planning for a § 239 review and County Planning noted no negative county wide or inter-community impacts; and WHEREAS, and after due deliberation upon this matter, be it n ow hereby RESOLVED as follows: RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – codifying the Eastlake PDA by the adoption of Local Law #5 of 2016 - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQR Act, and the regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, 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 to determine if the proposed action may have a moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in thi s Resolution; and it is further RESOLVED, that Local Law Number 5 of 2016 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 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 NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231); and it is further RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in fulfillment of the Town’s reply and reporting obligations under GML § 239-l. May 18, 2016 10 The question of adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1612 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #3 – THE EASTLAKE PLANNED DEVELOPMENT AREA TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 5 OF 2016 Be it enacted by the Town of Lansing as follows: SECTION 1: TITLE & APPLICATION; FINDINGS A. This Local Law shall be known as “Local Law Number 5 of 2016.” This Local Law amends the Town of Lansing Land Use Ordinance, by adding a § 1612 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #3 for the Eastlake PDA, and by specifying the allowed land uses and related regulations for such PDA #3. B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a residential developments with integrated and supporting neighborhood uses, especially in areas where residential density is highest, as the Comprehensive Plan recognizes that innovative and integrated residential developments supports residential density, reduces the costs of services, preserves land and agricultural uses, and generally benefit and define the community. The Town Board finds that this PDA was, is, and remains inherently consistent with the planning and zoning objectives of the Town. C. PDA #3 was approved in or about 1988, by application of Cheryl Nickel, Developer, as a residential subdivision with a community center. The development of the site was governed by the Eastlake Declaration of Covenants and Restrictions, dated August 22, 1988 and filed August 24, 1988 in the Tompkins County Clerk’s Office at Liber 32 of Miscellaneous Records, Page 736. This declaration was thereafter amended by a First Amendment to the Declaration of Covenants and Restrictions – Eastlake, as filed in said Clerk’s Office upon June 29, 2007 as Instrument Number 510977-001 (hereinafter jointly and severally the “Declaration”). Other than the community center building and land upon Cayuga Lake as acquired by the Eastlake Homeowners Association, Inc. from the Developer (Inst. #509607-001), the balance of the PDA is a traditional residential subdivision generally consistent with current and past R1 zoning requirements in the Town of Lansing. D. The Final Plat for PDA #3 was filed in the Tompkins County Clerk’s Office upon August 24, 1988, as Instrument #BF-017906-001, at Map Drawer K 109-114 (the “Final Plat”). SECTION 2: PLANNED DEVELOPMENT AREA #3 – THE EASTLAKE PDA A. Planned Development Area (“PDA”) #3, to also be known as the Eastlake PDA, is hereby established, permitted, and defined with permitted uses and applicable May 18, 2016 11 definitions, as hereafter follows. PDA #3 shall be enumerated as Section 1612 of the Land Use Ordinance, as follows: § 1612 PDA #3 - The Eastlake Planned Development Area. 1. PDA #3 shall use all definitions as are applicable to the Land Use Ordinance generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA #3 under this § 1612, the general provisions of the Land Use Ordinance shall apply, as shall all rules and procedures applicable for R1 zones generally, specifically including but not limited to rules pertaining to site planning, special permitting, and zoning permits. 2. Except as to Lots 19, 44, 99, and 189, the allowed principal and supplementary or accessory land uses permitted within the PDA are and include all uses as permitted as of right in the R1 zone, except as follows: a. Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling of rotary mining, and the like. b. The use of land for public or commercial power generation, including as licensed utility providers, shall be prohibited. c. Two-family and larger multi-family dwellings are prohibited. d. Only one single-family dwelling is allowed per lot. No ECHO housing, residential accessory uses or apartments, or mother-in-law or accessory dwellings or apartments are allowed except as built as an integral part of the single family dwelling (or its detached garage) and when not part of a stand-alone structure. Retirement, congregate and shared housing facilities are prohibited. e. No accessory uses are allowed except traditional professional and home offices where they comply with the requirements set forth for home offices as set forth below. f. The keeping of animals (other than traditional household pets), livestock, or chickens shall be prohibited. The keeping or raising of horses or ponies is prohibited, and 4H, animal husbandry, and similar land uses are prohibited. g. Government buildings and schools, churches and places of worship, public or private clubs, community residences, youth centers, libraries, museums, nursery schools, day care facilities, nursing homes, hospitals, health related clinics, bed and breakfast facilities (and similar rental arrangements), and theatres are not permitted. h. Farming as a business or commercial activity is not permitted. Roadside stands are prohibited. Traditional non-commercial residential plantings and gardening are allowed. k. No use of house trailers, mobile homes, outdoor tents, travel or other trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage, business facilities, or residential purposes on any lot. 3. Home office regulations and requirements are as follows: a. Home offices must comply with the following standards: i. Such home office does not generate more than 10 additional traffic trips per day. ii. There are no more than two non-family employees. May 18, 2016 12 iii. No more than 30% of the enclosed building space or livable space may be used for non-residential or rental purposes. iv. No sales of goods or services to the general public are advertised upon or concerning the property. v. No sales of goods or services to the general public occur more than one day per month, such sale is for arts and crafts (and similar goods) created on- premises, and such monthly allowed sale does not generate more than 20 additional traffic trips upon such sale day. b. Any preexisting home office use that does not meet the above standards shall be required to obtain a special use permit from the Town Planning Board to remain as a valid preexisting and non-conforming use. The failure to obtain a special use permit within one year of the date of adoption of this local law shall eliminate all benefits of any pre-existing lawful use status and no special use permit shall be so issued. 4. Allowed uses of land for Lots 19, 44, 99, and 189 are as follows: a. Lot 19 – Shall be an indoor and outdoor recreational use lot known as the Eastlake Recreational Center, and land and any structures thereupon may be used only for indoor and outdoor recreation, related recreational purposes and storage, meetings rooms and meeting hall purposes, and as a general community center for community-based events (and not for general commercial banquets, catering, or reception hall purposes). Recreation includes things like tennis and basketball courts and playgrounds, but does not include stables or the keeping or raising of animals, including but not limited to dogs, horses, or ponies. (i) Business offices and professional offices are permitted within this building upon site plan approval by the Town Planning Board. b. Lot 44 – Up to 4 single family residences are allowed upon this lot. Each residence must be separately owned and owner-occupied and may not be rented on any regular or recurring basis, whether commercially, seasonally, or otherwise. c. Lot 99 – May be used as a joint home and office space, subject to a maximum floor area of 15,000 ft2 (including all levels) and requiring at least one parking space for each 400 ft2 of enclosed or floor space. The office space may be leased and subleased. Office use must be for traditional professional or other offices that do not generate high volumes of traffic. Thus, offices that generate such traffic, such as dental or medical clinics, veterinary clinics, hospitals, or real estate offices are prohibited. Any change in the nature of such office use, and any sublease or division of use or interests in the office space (such as renting to two different persons or entities), shall be subject to site plan review by the Town Planning Board. The goals of any site plan review process, and any mitigation or conditions required, shall be focused upon noise, traffic, and maintaining uses and intensities of use as are generally compatible with nearby residential areas. Thus, and by way of non-exclusive examples, attention should be paid to the number of vehicle trips, lighting issues, and signage. d. Lot 189 – Is limited only to recreational uses and supporting structures; namely, stairs, sheds, and dock spaces along the shoreline of Cayuga Lake. Such use is personal and private to the lot-owners within the PDA and no dock rentals, wharves or wharfage, or anchoring rentals, leases, license, fees, or similar uses or arrangements are permitted. 5. Yardage requirements and set-back requirements, density, building and structure height, and coverage regulations are as follows: May 18, 2016 13 a. All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 60’ from the roadway centerline and 15’ from all side yards, and 25’ from the rear yard line. All internal PDA set-back and yardage requirements shall be as set forth in the Land Use Ordinance for R1 zones, except as may otherwise be set forth or required herein. b. Density regulations shall require that the PDA maintain a 30% minimum open space standard per lot and a 30% minimum open space standard for the entirety of the PDA. c. Buildings shall not exceed 3 stories and no building or structure shall exceed a height of greater than 35 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents. 5. Roadway, parking, and transportation requirements are as follows: a. All public-use roadways shall be dedicated public highways, with appurtenant utility easements. The Developer and the Town may also agree, in the future, to the dedication of such further or additional roadways, trails, pathways, or easements as may hereafter be created or built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to sub-base and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all future pathways and pedestrian ways shall be constructed in a safe and workmanlike manner and, unless to Cayuga Lake, such pathways and pedestrian ways shall be constructed in accord with plans approved by the Town Department of Parks and Recreation. b. All parking spaces for Lots 19 and 99 shall have a minimum width of 8.5’, a minimum depth of 18’, and a minimum vertical clearance height of 7’, except handicapped and impaired parking spaces—which shall conform to all code and legal requirements in terms of the number of spaces, their location, and the minimum dimensions thereof. c. All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles. d. All reserved areas for potential future roadways as shown upon the Final Plat shall remain reserved and unimproved unless heretofore or hereafter expressly abandoned as reserved future roadways by resolution of the Town Board. 6. Landscaping plans and buffering requirements are as follows: a. Landscaping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties. b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over 8” as measured 4’ above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document. c. All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive non-native species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering. 7. All building materials and construction shall meet New York State Building and Energy Codes. May 18, 2016 14 8. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. 9. The Town Sign Local Law shall apply, except certain signage is further restricted within the PDA as follows: i. Single Family residences shall not post signs greater than 4 ft2 unless granted a permit therefore by the Town. ii. Home Offices are restricted to signage no greater than 2 ft2. ii. Signs on Lot 99 may not exceed 9 ft2, and no more than two such signs are allowed unless granted a permit by the Town. iv. Signs in Lot 19 may not exceed 12 ft2, and no more than four such signs are allowed unless granted a permit by the Town or unless they are directional signs or temporary signs related to events that last less than 3 days. 10. All fuel tanks, water tanks, and similar storage tanks shall be installed fully underground or sited and fully screened in a manner as approved the Town Planning Board upon site plan review. 11. Any proposed use not specifically herein allowed is expressly prohibited. Any future plan or proposal not here specifically allowed is prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in the Land Use Ordinance. However, in no event may: (i) the open space percentage of 30% be reduced, with such open space measurement to be expressed as a percentage of land that is undeveloped by buildings or impervious surfaces as compared to the total acreage of the PDA; and (ii) multiple residences be allowed upon any lot other than Lot 44, except for allowed accessory apartments. 12. The area encompassed and rezoned in accordance with this Local Law is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 42.-1-54.1 through 42.-1-54.27, and the roadways servicing the same, comprising approximately 42 acres of land and being more particularly bounded and described as follows: Beginning at a point located 3.66’ northerly of a highway marker in the westerly line of NYS Route 34 located near the northeasterly corner of Lot 19 as shown upon the Final Plat, and thence proceeding S 86º 30’ 37” W a distance of 3,106.48’ to a pin located in the northerly line of Lot 189; and thence continuing S 86º 30’ 37” W a distance of 133.33’, more or less, to a point in the easterly shoreline of Cayuga Lake; and thence running Southerly along the easterly shoreline of Cayuga Lake a distance of 626’, more or less, to a point at the southwesterly corner of Lot 139, such point being just westerly of a pin located near the shoreline of Cayuga Lake; and thence running Easterly a few feet to such pin in the southerly line of Lot 139; and thence proceeding N 87º 01’ 08” E a distance of 94’, more or less, to a pin located in the southerly line of said Lot 139; and thence continuing N 87º 01’ 08” E a distance of 498.26’ to an indeterminate point, and continuing thereafter an indeterminate distance along the southerly line of the PDA, comprising the southern boundaries of Lots 139 and 109, including as passing twice through the loop road leading down to the lakeside lots along Cayuga Lake, May 18, 2016 15 and terminating at a pin located in the southerly line of said Lot 109; and thence continuing N 86º 29’ 09’ E a distance of 295.4’ along the southerly boundary of said Lot 109 to a pin; and thence proceeding N 86º 39’ 39” E a distance of 487.73’ along the southerly boundaries of Lots 109 and 99 to a pin; and thence proceeding N 86º 40’ 40’ E an indeterminate distance listed as 220.59’ and 701.28’ on either side of a match line upon the Final Plat to a pin located in the southerly line of Lot 59; and thence proceeding N 86º 49’ 32” E a distance of 204.88’ to a pin; and thence proceeding N 86º 42’ 31’ E a distance of 570.71 to a highway monument in the westerly line of NYS Route 34; and thence proceeding N 12º 15’ 42’ E a distance of 25.02’ to another highway monument in the westerly line of NYS Route 34; and thence proceeding S 86º 36’ 12” W a distance of 373.74’ to a pin; and thence proceeding N 03º 23’ 48” W a distance of 24’ to a pin; and thence proceeding N 57º 06’ 54’ E a distance of 169.89’ to a pin located on the municipal boundary line between the Town of Lansing and the Village of Lansing; and thence proceeding N 35º 35’ 12’ E a distance of 18.22 feet along such municipal boundary to a point; and thence proceeding S 86º 36’ 12” W a distance of 17.18’ to a point in the then approximate centerline of a creek; and thence proceeding Northeasterly along such creek centerline an approximate distance of 132.9’ to a point, such course also being measured by a chord bearing of N 37º 31’ 45” E, and a chord distance of 130.2 feet; and thence running N 86º 36’ 12” E a distance of 202.71’ to a pin, passing through a pin at 10’; and thence proceeding N 09º 56’ 43 E a distance of 394.69’ to an existing highway monument, then and additional 3.66’ along such course to the point and place of beginning; however Excluding any described lands as are located within the Village of Lansing, and including any roadways servicing the PDA, and incorporating any descriptions of such roadways in any deeds dedicating the same. 13. All utility and waterline easements, and all water main rights-of-way, as shown upon the Final Plat shall be and be deemed dedicated to and accepted by the Town, its successors and assigns. 14. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all worksites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, May 18, 2016 16 trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the “Claims”), including but not limited to reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys’ fees and expenses arising from or in relation to any Claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity. 15. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA #3. SECTION 3: SEVERABILITY; INTERPRETATION If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such determination, order, or judgment shall not affect or invalidate the remainder of this Local Law, and any such invalidity or unenforceability shall be confined in its operation to the provision directly involved in the controversy in which such determination, order, or judgment shall have been rendered, and such invalidity or unenforceability shall not apply to other jurisdictions, persons or circumstances and, in all cases, the balance hereof shall remain in force and effect. Section and other headings are for reference and convenience only and shall not be deemed or construed to limit or define the requirements of clauses set forth thereunder. References to laws and regulations (including references within this local law to other sections of this local law), and the sections and subsections thereof, shall be construed to apply to such law or regulation as now exists or as may hereafter be amended or recodified, and no typographical error or error of reference shall be given significant meaning or effect. The gender or neuter of pronouns shall be construed as the context or use thereof admits or requires, and the singular shall be construed as the plural, and vice versa, when the context thereof so admits or requires. SECTION 4: EFFECTIVE DATE This Local Law shall be and become effective immediately upon filing with the New York Secretary of State. RESOLUTION APPROVING AND ADOPTING LOCAL LAW #6 OF 2016, CODIFYING THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2) for Local Law #6 of 2016. RESOLUTION 16-85 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #6 OF 2016, CODIFYING THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1613 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #4 for the Horizon Villages PDA, and by specifying the allowed land uses and related regulations for such PDA #4; and May 18, 2016 17 WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as increasing density where water and sewer infrastructure is available, as to promote node- based development that, in turn, preserves land and agricultural uses and benefits the community generally; and WHEREAS, PDA #4 was approved in or about 1993, by application of Alex Cima, Developer, as part of a larger residential subdivision with increased density of development within the PDA area, and related special use restrictions, including because of sewer availability, and the clustering of high -end rental units into 8 mini-villages of up to 6-units each consisting of variable one-, two- and 3-bedroom designs, with attached garages, fireplaces, basements, and all accoutrements as to make them appear, for all intents and purposes, like single family residences or, in some cases, traditional duplexes, and this PDA was part of a larger subdivision development known as “Horizons” and the final plat for such Horizon Estates Subdivision was filed in the Tompkins County Clerk’s Office upon September 30, 1985 as Instrument No. BF023956-001, Map Drawer 98, and again later filed upon July 7, 1987, as Instrument No. BF022826-001; and WHEREAS, the Final Plat for the PDA known as “Horizon Villages” PDA #4 was file d in the Tompkins County Clerk’s Office upon October 14, 1986, as Instrument No. BF033176-001, Map Drawer Box 10, V (the “Final PDA Plat”), and said map shows a total of 8 development lots within the PDA numbered as lots 39 through 46; and WHEREAS, a full environmental review occurred when the PDA was formed and additional reviews have occurred since such date, each as individual site plan uses and certain sites have changed (namely, the recreational lot, to which have been added a swimming pool and ball courts), but none-the-less as these are not comprehensive new regulations, as they do not effect changes to any land uses or districts, and as such uses have been allowed since 1993 and have each been subjected to site plan review and individualized SEQRA determinations, and as the PDA is less than 25 acres in size and no new uses are proposed, this action is classified as an Unlisted Action under SEQRA; and WHEREAS, a public hearing to consider the proposed local law and its potential environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and WHEREAS, each identified potential environmental impact was analyz ed and duly considered by the Town Board, as Lead Agency in this uncoordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter was referred to County Planning for a § 239 review and County Planning noted no negative county wide or inter-community impacts; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the May 18, 2016 18 proposed action – codifying the Eastlake PDA by the adoption of Local Law #6 of 2016 - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQR Act, and the regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, 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 to determine if the proposed action may have a moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED, that Local Law Number 6 of 2016 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 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 NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231); and it is further RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in fulfillment of the Town’s reply and reporting obligations under GML § 239-l. The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #4 – THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 6 OF 2016 Be it enacted by the Town of Lansing as follows: SECTION 1: TITLE & APPLICATION; FINDINGS May 18, 2016 19 A. This local law shall be known as “Local Law Number 6 of 2016.” This local law amends the Town of Lansing Land Use Ordinance, by adding a § 1613 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #4 for the Horizon Villages PDA, and by specifying the allowed land uses and related regulations for such PDA #4. B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a residential developments with integrated and supporting neighborhood uses, especially in areas where residential density is highest, as the Comprehensive Plan recognizes that innovative and integrated residential developments supports residential density, reduces the costs of services, preserves land and agricultural uses, and generally benefit and define the community. The Town Board finds that this PDA was, is, and remains inherently consistent with the planning and zoning objectives of the Town. C. PDA #4 was approved in or about 1993, by application of Alex Cima, Developer, as a residential subdivision with increased density of development and related special use restrictions, including because of sewer availability, and the clustering of high-end rental units into 8 mini-villages of up to 6-units each consisting of variable one-, two- and 3- bedroom designs, with attached garages, fireplaces, basements, and all accoutrements as to make them appear, for all intents and purposes, just like single family residences or, in some cases, traditional duplexes. This PDA was part of a larger subdivision development known as “Horizons” and the final plat for such Horizon Estates Subdivision was filed in the Tompkins County Clerk’s Office upon September 30, 1985 as Instrument No. BF023956-001, Map Drawer 98, and again later filed upon July 7, 1987, as Instrument No. BF022826-001. D. The Final Plat for the PDA known as “Horizon Villages” PDA #4 was filed in the Tompkins County Clerk’s Office upon October 14, 1986, as Instrument No. BF033176- 001, Map Drawer Box 10, V (the “Final PDA Plat”). Said map shows a total of 8 development lots within the PDA numbered as lots 39 through 46. SECTION 2: PLANNED DEVELOPMENT AREA #4 – THE HORIZON VILLAGES PDA A. Planned Development Area (“PDA”) #4, to also be known as the Horizon Villages PDA, is hereby established, permitted, and defined with permitted uses and applicable definitions, as hereafter follows. PDA #4 shall be enumerated as Section 1613 of the Land Use Ordinance, as follows: § 1613 PDA #4 - The Horizon Villages Planned Development Area. 1. PDA #4 shall use all definitions as are applicable to the Land Use Ordinance generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA #4 under this § 1613, the general provisions of the Land Use Ordinance shall apply, as shall all rules and procedures applicable for R2 zones generally, specifically including but not limited to rules pertaining to site planning, special permitting, and zoning permits. However, allowed uses are limited to the residential and related supporting recreational land uses as described below, in the locations and identified below. 2. The following requirements and standards apply to lots 39, 40, 41, 42, 44, 45 and 46 as shown upon the Final PDA Plat: a. Only apartment and townhouse-related residential uses are permitted, with a maximum of 3 buildings per lot and 2 units per building. Once sited, no building footprint may be expanded, changed, or relocated unless approved by the Town Planning Board by site plan review. Any change in a building or its occupancy limits, such as but not limited to adding bedrooms or separately leasing rooms within a single unit, shall require site plan approval from the Town Planning May 18, 2016 20 Board. Each unit shall be operated as a separate and single dwelling unit. Boarding houses, bed and breakfast uses, ECHO housing, and congregate housing are not permitted. No mobile or manufactured homes are permitted in the PDA, and no mobile homes or recreational vehicles shall be used or stored within the PDA. b. All buildings and units shall be constructed to have the appearance of a single family dwelling and the design elements shall be coordinated with nearby buildings and residences. The Town’s Code Enforcement Officer is hereby granted the authority to determine whether any maintenance plans, construction plans, or changes to buildings and structures reasonably meet this standard. c. Only residential land uses are permitted, and no chickens or livestock may be kept or housed in the PDA. Only traditional household pets are permitted. d. No part or portion of any land in the PDA may be used for outdoor storage of goods or inventory. e. Yardage requirements and set-back requirements, density, building and structure height, and coverage regulations are as follows: (i) All buildings shall be set back at least 50’ from the roadway in the front yard, at least 10’ feet from each other building, and no less than 10’ from any boundary lines of the PDA itself. Within the PDA there are no minimum side yard distances unless the side yard is a PDA boundary line; namely, the westerly lines of Lots 39 and 43, and the easterly lines of Lots 42 and 46 (and the roadway and reserved roadway to the westerly side of the PDA shall be and be deemed a side yard, as the front yards face south and north, respectively, for said lots 39 and 43). (ii) No building shall have a height greater than 30’ above the natural, average surrounding grade, exclusive of chimneys, vents, and other typical residential rooftop projections. (iii) After the date of adoption of this local law, the combined lot coverage of buildings, driveways, and parking lots may not exceed 50% of any lot without Planning Board approval by site plan review. f. No fences or walls are permitted and no subdivision of any of these PDA parcels is permitted. g. Roadway, parking, and transportation requirements are as follows: (i) All public-use roadways shall be dedicated public highways, with appurtenant utility easements. The Developer and the Town may also agree, in the future, to the dedication of such further or additional roadways, trails, pathways, or easements as may hereafter be created or built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to sub-base and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all future pathways and pedestrian ways shall be constructed in a safe and workmanlike manner in accord with plans approved by the Town Department of Parks and Recreation. (ii) All parking spaces shall be provided on site in paved parking areas and no street or roadside parking is permitted. (iii) All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles. (iv) The “Future Road” demarked upon the Final PDA Plat (at the northwesterly corner of the PDA, adjacent to Lot 39 and potentially extending May 18, 2016 21 Leslie Lane to the north, shall be and remain a permanent easement to the Town until such time, if any, that the said future roadway easement shall be expressly surrendered by the Town by and express conveyance by deed. h. Landscaping plans and buffering requirements are as follows: (i) Trees shall be preserved to the greatest extent possible. After the date of adoption of this local law no tree with a trunk diameter over 6” as measured 4’ above grade shall be removed except when necessary in relation to proposed improvements to any lot or for public safety. Such removal shall be noted upon any plan, building permit application, or similar document. (ii) All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive non-native species shall be permitted). i. All building materials and construction shall meet New York State Building and Energy Codes. j. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. 3. The following requirements and standards apply to Lot 43 as shown upon the Final PDA Plat: a. Lot 43 shall be limited to recreational uses and their supporting structures and appurtenances, such as (but not limited to) storage sheds, parking areas, refreshment booths, lockers, and like facilities. The recreational facilities envisioned include swimming pools, tennis courts, playgrounds, ballfields and courts, and similar facilities for indoor and outdoor recreation. b. All new and future improvements and facilities proposed for Lot 43 shall be first subject to Planning Board review and approval by site plan review. c. No bulk, yardage, or density restrictions shall apply to Lot 43, except that all improvements shall be set back at least 12’ from property lines, and no improvements may unreasonably obstruct roadway views at the roadway intersection adjacent to Lot 43. 4. The area encompassed and rezoned in accordance with this local law is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 44.-1- 38.18, 44.-1-38.19, 44.-1-38.20, 44.-1-38.21, 44.-1-38.22, 44.-1-38.23, 44.-1-38.24, and 44.-1-38.25, and the roadways servicing the same as shown in the Final PDA Plat (including “Future Roads,” sometimes referred to as reserved or paper roads), comprising approximately 11.62± acres of land more particularly bounded and described as follows: Beginning at a point located in the northerly line of Horizon Drive (extension) at the intersection of the same with Leslie Lane, said point also being the southwesterly corner of Lot 39 as shown upon the Final PDA Plat, and thence proceeding N 8º 27’ E a distance of 275’ to a point in the southerly line of Seldon (R.O.), said point being also the northwesterly corner of said Lot 39; and thence proceeding S 82º 37’ E a distance of 900.1’ along the northerly line of Lots 39, 40, 41, and 42 of the PDA, to a point marked by a set pipe in the northeasterly corner of said Lot 42; and thence proceeding May 18, 2016 22 S 7º 44’ W a distance of 562.5’ along the easterly line of the PDA, being also a westerly boundary line of Olafson (R.O.), to a point in the southeasterly corner of Lot 46 of the PDA; and thence proceeding N 82º 30’ W a distance of 844.7’ along the southerly line of Lots 46, 45, 44 and 43 of the PDA to a point marked by a pipe set in the easterly highway line of said Leslie Way; and thence proceeding N 7º 58’ E a distance of 200’ along the westerly border of Lot 43 to a set iro n pipe; and thence proceeding Northerly across the curbs and width of Horizon Drive (extension) a distance of 87.5± to the point or place of beginning, and also including any roadways and reserved future roadways servicing the PDA or depicted upon the Final PDA Plat, and incorporating any descriptions of such roadways in any deeds dedicating the same. 5. All utility, sewer, and waterline easements and rights-of-way as are filed of record or as are shown upon the PDA Final Plat shall be and be deemed dedic ated to and accepted by the Town, its successors and assigns. 6. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all worksites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the “Claims”), including but not limited to reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys’ fees and expenses arising from or in relation to any Claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity. 15. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA #4. SECTION 3: SEVERABILITY; INTERPRETATION If the provision of this local law shall be adjudged or held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such determination, order, or judgment shall not affect or invalidate the remainder of this local law, and any such invalidity or unenforceability shall be confined in its operation to the provision directly involved in the controversy in which such determination, order, or judgment shall have been rendered, and such invalidity or unenforceability shall not apply to other jurisdictions, persons or circumstances and, in all cases, the balance hereof shall remain in force and effect. Section and other headings are for reference and convenience only and shall not be deemed or construed to limit or define the requirements of clauses set forth thereunder. References to laws and regulations (including references within this local law to other sections of this local law), and the sections and subsections thereof, shall be construed to apply to such law or regulation as now exists or as may hereafter be amended or recodified, and no typographical error or error of reference shall be given significant meaning or effect. The gender or neuter of pronouns shall be construed as the context or use thereof admits or requires, and the singular shall be construed as the plural, and vice versa, when the context thereof so admits or requires. May 18, 2016 23 SECTION 4: EFFECTIVE DATE This local law shall be and become effective immediately upon filing with the New York Secretary of State. RESOLUTION APPROVING AND ADOPTING LOCAL LAW #7 OF 2016, CODIFYING THE WOODLAND PARK PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2) for Local Law #7 of 2016. RESOLUTION 16-86 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #7 OF 2016, CODIFYING THE WOODLAND PARK PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1614 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #5 for the Woodland Park PDA, and by specifying the allowed land uses and related regulations for such PDA #5; and WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a mixed and high-density residential development when near places of employment and where water and sewer infrastructure is available, and the Comprehensive Plan also recognizes that variable density housing helps control housing costs and promotes open spaces and recreational areas that also serve to benefit and define the community; and WHEREAS, PDA #5 was approved in or about 2010, by application of Cardamone Home Builders, Inc., Developer, as a residential subdivision with single family residences, a gated townhouse community area, and 7-8 acres of public- and private-use open spaces; and WHEREAS, the Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s Office upon September 7, 2011, as Instrument #580265-001, at Map Drawer RCG132 (the “Final PDA Plat”); and WHEREAS, a full environmental review occurred when the PDA was formed and no site changes, PDA amendments, or other changes have occurred in relation to such PDA, such that these are not comprehensive new regulations, do not affect changes to any land uses or districts, and as such uses have been allowed since 2010 and, even though over 25 acres, all uses have each been subjected to individualized SEQRA determinations, there is no change in use, such that this action is classified as an Unlisted Action under SEQRA; and WHEREAS, a public hearing to consider the proposed local law and its potential environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency in this uncoordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or May 18, 2016 24 in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter was referred to County Planning for a § 239 review and County Planning noted no negative county wide or inter-community impacts; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – codifying the Eastlake PDA by the adoption of Local Law #7 of 2016 - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQR Act, and the regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, 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 to determine if the proposed action may have a moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED, that Local Law Number 7 of 2016 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 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 NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231); and it is further RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in fulfillment of the Town’s reply and reporting obligations under GML § 239-l. The question of adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye May 18, 2016 25 Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #5 – THE WOODLAND PARK PLANNED DEVELOPMENT AREA TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 7 OF 2016 Be it enacted by the Town of Lansing as follows: SECTION 1: TITLE & APPLICATION; FINDINGS A. This Local Law shall be known as “Local Law Number 7 of 2016.” This Local Law amends the Town of Lansing Land Use Ordinance by adding a § 1614 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #5 for the Woodland Park PDA, and by specifying the allowed land uses and related regulations for such PDA #5. B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a residential developments with integrated and supporting neighborhood uses, especially in areas where residential density is highest, as the Comprehensive Plan recognizes that innovative and integrated residential developments supports residential density, reduces the costs of services, preserves land and agricultural uses, and generally benefit and define the community. The Town Board finds that this PDA was, is, and remains inherently consistent with the planning and zoning objectives of the Town. C. PDA #5 was approved in or about 2010, by application of Cardamone Home Builders, Inc., Developer, as a residential subdivision with single family residences, a gated townhouse community area, and 7-8 acres of public and private use open spaces. D. The Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s Office upon September 7, 2011, as Instrument #580265-001, at Map Drawer RCG132 (the “Final PDA Plat”). SECTION 2: PLANNED DEVELOPMENT AREA #5 – THE WOODLAND PARK PDA A. PDA #5, to also be known as the Woodland Park PDA, is hereby established, permitted, and defined with permitted uses and applicable definitions as hereafter follows. PDA #5 shall be enumerated as § 1614 of the Land Use Ordinance, as follows: § 1614 PDA #5 - The Woodland Park Planned Development Area. 1. PDA #5 shall use all definitions as are applicable to the Land Use Ordinance generally, and the general and regulatory provisions of the Land Use Ordinance shall also apply, except to the extent the same are varied or altered by this local law, including the following: a. For the townhouse area, defined as the area on the Final PDA Plat as buildings 1 through 48 as surrounded by Private Open Space Lot #1 and Private Open Space Lot #2, and as serviced by Private Road D (the “Townhouse Lot”), all rules and procedures generally applicable to R1 zones, including site planning, special permitting, and zoning permits, shall apply, but the general bulk and density rules, to the extent not otherwise regulated by this § 1614, shall be governed by R2 classifications under the Land Use Ordinance, § 504 (Schedule II). May 18, 2016 26 b. The balance of the lands within PDA #5 shall be governed by the rules and procedures applicable for R1 zones generally, including site planning, special permitting, and zoning permits, and including the general bulk and density rules applicable to R1 per Land Use Ordinance, § 504 (Schedule II), except that: i. Lots 1 through 25 are restricted to having only one single family dwelling upon each lot (the “Residential Lots”). ii. The Private Open Space Lots and Stormwater Management Lots (the “Restricted Use Lots”) shall not be further developed except as set forth in this § 1614, except that Open Space Lot #1 and Open Space Lot #2 shall not be regulated as Restricted Use Lots and shall instead follow the rules for the Townhouse Lot. c. All area reserved for potential future roadways as shown upon the Final PDA Plat shall remain reserved and unimproved unless hereafter expressly abandoned as easements or as reserved future roadways by resolution of the Town Board. 2. The following land uses are prohibited in PDA #5 (despite being allowed uses generally in R1): a. Two-family dwellings, multiple dwellings, retirement housing, shared housing, ECHO housing, mobile or manufactured homes, or seasonal cabins or cottages. b. Government buildings, schools, community residences, public or private clubs, youth centers, libraries, and museums. c. 4H and animal husbandry, roadside stands, bed and breakfast facilities, nursery schools, day care facilities, the keeping or raising of horses or ponies, and the keeping or raising of chickens. The keeping of any animals other than traditional household pets is prohibited. d. Commercial solar, wind, or energy production facilities, or any energy production facilities intended to be used, sold, or credited to or for off-site use. e. Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling or rotary mining, and the like. f. No residential accessory apartments, or mother-in-law or accessory dwellings or apartments, are allowed except as built as an integral part of the single family dwelling (or its detached garage) and when not part of a stand-alone structure. g. Farming as a business or commercial activity is not permitted, but traditional non-commercial residential plantings and gardening are allowed. h. No use of house trailers, mobile homes, outdoor tents, travel or other trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage, business facilities, or residential purposes on any lot. i. Traditional professional and home offices are allowed when they comply with the requirements set forth for home offices as set forth below. 3. Special home office and home occupation regulations and requirements are as follows: a. Home offices must comply with the following standards: i. Such home office does not generate more than 10 additional traffic trips per day. May 18, 2016 27 ii. There are no more than two non-family employees. iii. No more than 30% of the enclosed building space or livable space may be used for non-residential or rental purposes. iv. No sales of goods or services to the general public are advertised upon or concerning the property. v. No sales of goods or services to the general public occur more than one day per month, such sale is for arts and crafts (and similar goods) created on- premises, and such monthly allowed sale does not generate more than 20 additional traffic trips upon such sale day. b. Any pre-existing home office use that does not meet the above standards shall be required to obtain a special use permit from the Town Planning Board to remain as a valid preexisting and non-conforming use. The failure to obtain a special use permit within one year of the date of adoption of this local law shall eliminate all benefits of any pre-existing lawful use status and no special use permit shall be so issued. 4. Special regulations for the Townhouse Lot are as follows: a. Landscaping and yardage sloping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties. b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over 8” as measured 4’ above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document. c. All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive non-native species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering. d. All building materials and construction shall meet New York State Building and Energy Codes. e. All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 25’ from the roadway centerline and all boundaries of the Townhouse Lots. A 30% minimum open space standard shall apply to the Townhouse Lot. Buildings shall not exceed 3 stories and no building or structure shall exceed a height of greater than 35 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents. f. No structures or buildings shall be placed upon the land except within the footprint of the individual townhouse lots numbered 1 through 48, except that (i) non-permanent and typical residential accessories, such as birdhouses, small single-unit use playgrounds or swings, and similar non-permanent structures are permitted; (ii) small pet enclosures shall be permitted, including fencing not taller than 6’ and not enclosing an area greater than 625 ft2, unless approved by the Code Enforcement Officer and, if applicable, approved pursuant to any then applicable covenants or rules; (iii) small, traditional residential gardens and enclosures for the same to protect them from wildlife predation; and (iv) trails and pathways with natural permeable surfaces are permitted. No above ground or other types of swimming pools are permitted. Common or community-based improvements for general recreational purposes are permitted in Private Open May 18, 2016 28 Space Lot #1 upon the receipt of a site plan approval by the Town of Lansing Planning Board. g. The roadway servicing the Townhouse Lot shall be a private roadway maintained by the owners of townhouse units 1 through 48, and said roadway shall be at all times maintained at a sufficient width and in a sufficient conditions as to provide for safe and efficient emergency access to all areas upon the Townhouse Lot by fire trucks and emergency vehicles. If any security gates or controls are installed to impede or restrict access to the Townhouse Lot, the Town of Lansing Code Enforcement Officer and the Fire Chief of the applicable Fire Departments (or similar official) shall each have keys or emergency access devices to bypass any gate or security features or devices, and a lockbox shall be installed near to each such gate or access control device as meets the requirements of the Town’s Lockbox Local Law. h. The appearance of any gate or security device installed to limit access to the Townhouse Lot shall be architecturally congruent with the townhouse coloration and designs as shown in the PDA development plan, or as otherwise approved by the Town Code Enforcement Officer, upon the advice and consent of the Fire Chief and Town Highway Superintendent. i. No signs, except small, standard realtor or owner signs advertising a sale, shall be permitted on any lot or in any manner as is publicly visible. j. Each Townhouse Lot shall have a least one parking space in an attached garage and room for parking one additional passenger vehicle on a pad designed for such purpose that is part of or adjacent to the driveway for such unit. k. No unlicensed or commercial motor vehicles may be placed upon any lot unless within a garage, and no boat, trailer, camper, pod, truck storage unit, or motor home shall be permitted on any lot unless kept in a garage and in compliance with any then applicable covenants or rules for the Townhouse Lots. 5. Special regulations for the Residential Lots are as follows: a. Only single family residences are allowed. b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over 8” as measured 4’ above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document. c. All building materials and construction shall meet New York State Building and Energy Codes. d. Lots 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25 shall also be governed by the special wetlands protection rules and regulations (§ 7, below). 6. Special regulations for the Restricted Use Lots are as follows: a. No buildings or improvements are permitted upon any Restricted Use Lots, and each of the same shall be maintained in their natural state, except for the following improvements or structures: i. Stormwater facilities and devices approved by the Town of Lansing, or by or for any applicable drainage district, in accord with stormwater needs or regulations, any DEC general permit, any SWPPP, or to otherwise manage flooding and stormwater in accord with now or hereafter applicable regulations and requirements of the DEC and EPA. ii. Upon receipt of a site plan approval from the Town of Lansing Planning Board, Private Open Space Lot #3 shall be permitted to have trails and related May 18, 2016 29 small-scale structures, such as foot bridges to cross boggy or wet areas, but all such trials and small-scale structure shall be made of natural materials, pathways shall be made of permeable natural materials, no footbridge or any small-scale structure shall have a foundation or footer, and any disruption of any jurisdictional wetlands shall require any necessary wetland permits. iii. Utility lines and appurtenances, when such locations are approved by the utility provider, any and all needed permits for installation or use are obtained, and the Town Highway Superintendent, upon the advice and consent of the Town’s Stormwater Management Officer, has approved the same, their method of installation, and their location(s). 7. Special wetlands protection regulations are as follows: a. PDA #5 currently contain approximately 5.98 acres of federally regulated jurisdictional wetlands, as mapped and duly delineated upon the Final PDA Plat, as further identified in a delineation and report from Terrestrial Environmental Specialists, Inc., dated July, 2010 (the “Baseline Wetlands”). b. No improvements, structures, installations, or land disturbances are permitted within any Baseline Wetlands, including: (i) on the Residential Lots at lot numbers 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25; and (ii) for Private Open Space Lot #3, but subject to the allowances and exceptions set forth above for Private Open Space Lot #3 as one of the Restricted Use Lots. c. Only stormwater facilities approved by the Town of Lansing and small, residential surface gardens shall be installed within 25’ of any Baseline Wetland boundary or border, in each case subject to any wetland or other permits or permit requirements. d. Any facility, device, disturbance, or other use or improvement that is proposed to be installed in violation of the above use and distance restrictions may be allowed only upon receipt of: (i) a use variance for improvements within or touching in any part upon any Baseline Wetlands; or (ii) an area variance for reducing the buffering, no-build zone adjacent to Baseline Wetlands; and (iii) in each case subject to any wetland or other permits or permit requirements. 8. Roadway or roadside pathways. a. Pedestrian and bicycle pathways may be installed, marked, improved, or designated adjacent to any public highway upon a plan and construction plan as approved by the Town Department of Parks and Recreation, upon the advice and consent of the Town Highway Superintendent. b. No such pathway shall be in excess of 4’ wide, and under no circumstances may any pathway be used, improved, or installed in any manner as damages or interferes with the roadway surface, the shoulders supporting such roadway, any stormwater facilities or drainage, or as would create an obstacle that obscures line-of-sight vision along any such public highway, at any intersections upon any such public highway, or as would interfere with a safe lane of exit from the roadway in the event of an emergency, which shall include both: (i) a “clear zone” or “clear area for recovery”; and (ii) a safe “lateral offset to obstruction distance,” which in no event should be less than 1.5’, each as defined by AASHTO, the NYSDOT highway design and related manuals and guidelines, and USDOT- Federal Highway Administration regulations and guidelines. 9. Lighting, other than residential site and facility lighting, shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. May 18, 2016 30 10. Any proposed use not specifically herein allowed is expressly prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in the Land Use Ordinance. 11. The area encompassed and rezoned in accordance with this Local Law is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 41.-4- 1 through 41.-4-50 and 41.-3-1 through 41.-3-32 (including roadway parcels 41.-3-29.1 and 41.-3-29.2), and including the roadways servicing the same, comprising approximately 59.984 acres of land and being more particularly bounded and described as follows: BEGINNING at a point in the centerline of Hillcrest Road, which point is the southwesterly corner of lands now or formerly of Snyder (817/226); and thence proceeding S 83º 34’ 44” E a distance of 252.25’, passing through an existing iron rod at the highway boundary of said Hillcrest Road, to an existing iron rod demarking the southeasterly corner of said premises of Snyder (R.O.); and thence proceeding N 07º 24’ 19” E a distance of 679.20’ to a found iron rod located in the southerly line of lands now or formerly of Gregory Graffin Living Trust (Inst. #531416- 001); and thence proceeding S 82º 57’ 28” E a distance of 1,282.55’ to a found iron pin demarking the southeasterly corner of lands now or formerly of McGrath (Inst. #509157-001); and thence proceeding N 07º 18’ 22” E a distance of 420.61’ to found iron pin demarking the northwesterly corner of Private Open Space Lot #3 (within PDA #5); and thence proceeding S 83º 51’ 38’ E a distance of 605.01’, passing through a found iron rod at the highway edge of Warren Road, to a calculated point in the centerline of Warren Road; and thence proceeding Southerly along the centerline of said Warren Road along a line S 07º 40‘ 54” W a distance of 1,749.99’ to a calculated point in the centerline of Warren Road, said point being the southeasterly corner of PDA #5; and thence proceeding N 82º 59’ 32” W a distance of 1,610.16’ to a calculated point in the centerline of said Hillcrest Road; and thence proceeding N 81º 01’ 31” W a distance of 218.62’ to an existing iron pipe demarking an inside corner of lands now or formerly of Krizek (inst. #450138-001); and thence proceeding N 08º 21’ 08” E a distance of 234.95’ to a calculated point in the centerline of said Hillcrest Road; and thence proceeding Northwesterly along the centerline of said Hillcrest Road along a line N 30º 56’ 49” W a distance of 155.99’ to a calculated point in said centerline; thence continuing Northwesterly along the centerline of said Hillcrest Road along a line N 29º 18’ 55” W a distance of 349.19’ to a calculated point in said centerline, being the point and place of beginning, encompassing in total 59.984± acres. 12. The landowners and residents within the PDA assume sole responsibility for the land development activities within the PDA and all worksites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners and residents, to May 18, 2016 31 the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the “Claims”), including but not limited to reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys’ fees and expenses arising from or in relation to any Claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity. 13. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA #5. SECTION 3: SEVERABILITY; INTERPRETATION If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such determination, order, or judgm ent shall not affect or invalidate the remainder of this Local Law, and any such invalidity or unenforceability shall be confined in its operation to the provision directly involved in the controversy in which such determination, order, or judgment shall have been rendered, and such invalidity or unenforceability shall not apply to other jurisdictions, persons or circumstances and, in all cases, the balance hereof shall remain in force and effect. Section and other headings are for reference and convenience only and shall not be deemed or construed to limit or define the requirements of clauses set forth thereunder. References to laws and regulations (including references within this local law to other sections of this local law), and the sections and subsections thereof, shall be construed to apply to such law or regulation as now exists or as may hereafter be amended or recodified, and no typographical error or error of reference shall be given significant meaning or effect. The gender or neuter of pronouns shall be construed as the context or use thereof admits or requires, and the singular shall be construed as the plural, and vice versa, when the context thereof so admits or requires. SECTION 4: EFFECTIVE DATE This Local Law shall be and become effective immediately upon filing with the New York Secretary of State. RESOLUTION APPROVING THE STANDARD WORK DAY AND REPORTING FOR ELECTED AND APPOINTED OFFICIALS RESOLUTION 16-87 RESOLUTION APPROVING THE STANDARD WORK DAY AND REPORTING FOR ELECTED AND APPOINTED OFFICIALS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing needs to establish and report the standard work day for elected and appointed officials and; WHEREAS, effective August 12, 2009, each elected or appointed official who is enrolled in the NYS Retirement System, must prepare a record of work-related activities for three consecutive months within 150 days of the start of a new term or appointment and; WHEREAS, the log must contain a daily detail of hours worked and duties performed that are directly related to the elected or appointed position, including official duties performed outside normal business hours and; May 18, 2016 32 WHEREAS, by certifying that a previously submitted three-month log is still representative of time worked, officials elected or appointed to new terms will not have to keep a new log for up to eight years. If an official who believes their initial three- month log is not representative of the average number of hours worked, he or she may submit a new record of activities for an alternative three-month period and; WHEREAS, the Legislative Clerk must retain each record of activities for a period of at least thirty years and provide full and complete copies to the Office of the State Comptroller upon request and; WHEREAS, the Resolution must be adopted at the first regular meeting held after the first 180 days of a new term, or whenever a new elected or appointed office is established and; WHEREAS, upon due deliberation thereupon by the Town Board, the Town Board of Lansing has duly RESOLVED, that the Town Board of the Town of Lansing hereby adopts the New York State Comptroller Form RS 2417-A as the Official Form Approving Standard Work Day and Reporting Resolution for Elected and Appointed Officials: May 18, 2016 33 BE IT FURTHER RESOLVED, that the Town Clerk post the New York State Comptroller Form (RS 2417-A) for a minimum of 30 days on Employer’s Public Website and; BE IT FURTHER RESOLVED, that the Town Bookkeeper file a Certified Copy of the Standard Work Day and Reporting Resolution (RS2417-A) and an Affidavit of Posting with the New York State Comptroller’s Office within 15 days after the posting period has ended. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION AUTHORIZING THE ISSUANCE OF A $79,000 BOND ANTICIPATION RENEWAL NOTE #01-16 RESOLUTION 16-88 RESOLUTION AUTHORIZING THE ISSUANCE OF A $79,000 BOND ANTICIPATION RENEWAL NOTE #01-16 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring, constructing and equipping the improvements to be included in Extension No. 2 to the Town of Lansing Consolidated Water District (the “District”), consisting principally of the construction of a water distribution system covering a portion of Drake Road in the Town and the installation of water lines and meters, including valves, curb stops, original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements to provide municipal water services to the affected areas within said District, engineering and other preliminary costs, legal expenses and other costs incidental to the financing thereof (the “Project”), all of which Project expenses were authorized by a Final Order forming the District and funded by a Bond Resolution dated May 21, 2008, and which obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note (“BAN”) #01- 09 (in the amount of $145,000.00), as renewed by a Bond Anticipation Renewal Note (“BARN”) #02-10 (in the amount of $137,400.00), by BARN #01-11 (in the amount of $133,500.00) dated June 17, 2011; by BARN #01-12 (in the amount of $94,483.75) dated June 15, 2012; by BARN #01-13 (in the amount of $90,000.00), dated June 14, 2013; by BARN #01-14 (in the amount of $87,000.00), dated June 13, 2014; and by a BARN #01-15 (in the amount of $83,000), dated June 12, 2015, which BARN #01-15 is hereby being partially paid and the balance thereof renewed; and WHEREAS, BARN #01-15 is approaching its maturity date and such financing must be renewed or the debt thereof paid, and in compliance with the Local Finance Law, the Town Board has decided to partially pay-down the debt pursuant to Local Finance Law § 23.00 by making a principal and interest payment thereupon (in the amount of $4,000.00, plus interest) and issuing a BARN for the balance thereof; and WHEREAS, the Town has contacted several lending institutions to find the lowest rates, and has determined that the Tompkins Trust Company, has the best rates and terms for proposed BARN #01-16, to be issued in the amount of $79,000 for one year at a 1.85% interest rate (non-callable); and WHEREAS, this action is classified as a Type II Action under SEQRA and, as such, no environmental review is necessary or required; and May 18, 2016 34 WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, and in compliance with Local Finance Law § 38.10, and other requirements of law, and at a meeting lawfully convened upon May 18, 2016 at 6:30 pm, the Town Board of the Town of Lansing has hereby RESOLVED, that Section 1. BARN #01-16 hereby authorized is for the payment of indebtedness relating to the purchase and acquisition of goods to construct the Project for the District. Section 2. The said BARN hereby authorized was authorized pursuant to a Bond Resolution dated May 21, 2008, which Bond Resolution was duly issued under the Local Finance Law, with such Project having been subject to permissive referendum as required by law. Section 3. It is hereby determined that the cost of indebtedness relating to the objects and purposes of this Resolution is $84,531.23 ($83,000 principal plus interest in the amount of $1,531.23); said amount is hereby appropriated and the plan for the financing thereof shall consist of the payment of $4,000.00 in principal, plus interest if $1.531.23, and the issuance of up to $79,000.00 as a principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law. Section 4. The Town of Lansing hereby authorizes the expenditure of up to $84,531.23 for the payment of the obligations relating to the Project, which amount shall be paid in part by the retirement of BARN #01-15 and the issuance of BARN #01-16, together with a principal payment to be made in relation thereto in the amount of $4,000.00. Section 5. No other BANs or BARNs are issued and outstanding for the payment of the indebtedness relating to the Project (except BARN #01-15, which is being paid in full as herein duly authorized). Section 6. The BARN authorized by this Resolution is a renewal of BARN #01-15, issued June 12, 2015. Section 7. The BARN authorized by this Resolution shall be dated June 11, 2016, and shall mature and be and become due and payable upon June 9, 2017. Section 8. The BARN hereby authorized is for an assessable improvement of or within the Town, namely, the Town of Lansing Consolidated Water District Extension Number 2. Section 9. 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 § 165.10 of the Local Finance Law for the purposes described in this Resolution. The Town shall reimburse such expenditures with the proceeds of the BARN authorized by this Resolution. This Resolution shall constitute a declaration of official intent as required by United States Treasury Regulation § 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 objects or purposes described herein. Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New York, is hereby irrevocably pledged to the payment of the principal of and interest on said Bonds and the BARN hereby authorized, as the same may hereafter respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest due and payable in such year. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing in the manner provided by law for taxation or general taxation thereupon. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest May 18, 2016 35 of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied, or the Town shall take such other action as is permitted or required by law to assure the timely payment of such obligations. Section 11. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of BANs and renewals thereof (in anticipation of the issuance and sale of the serial bonds) was and is hereby again delegated to the Town Supervisor, as Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law and the Bond Resolution aforesaid. The question of adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION SCHEDULING PUBLIC HEARING FOR REVIEW OF ANNUAL STORM WATER REPORT RESOLUTION 16-89 RESOLUTION SCHEDULING PUBLIC HEARING FOR REVIEW OF 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 is or will be timely filed in the Office of the Town Clerk for public review; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of June, 2016, at 6:35 pm, to consider the Annual Storm Water Report, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with the law. SEQRA: Type II The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye May 18, 2016 36 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW #8 OF 2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C RESOLUTION 16-90 RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW #8 OF 2016 A LOCAL LAW 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 2017; 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, 2017 and ending December 31, 2017 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-C; and WHEREAS, this proposed Local Law if 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 a vote of at least sixty percent (60%) of the Town Board; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of June 2016, at 6:37 pm, to consider public input and comments upon such proposed Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with the law. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION ADOPTING TOWN OF LANSING FUND BALANCE POLICY OF 2016 RESOLUTION 16-91 May 18, 2016 37 RESOLUTION ADOPTING TOWN OF LANSING FUND BALANCE POLICY OF 2016 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has an important responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities, and the Town Board thus recognizes that the wise maintenance of fund balances are essential to the preservation of the financial integrity of the town and are fiscally advantageous for both the Town and the taxpayers, including because such planning helps ensure stable tax rates; and WHEREAS, the Town seeks to meet these policy goals and objectives through the adoption of the Fund Balance Policy of 2016 (the “Policy”) as submitted to this meeting, which Policy helps ensure the maintenance of adequate fund balances and reserves in the Town’s General Fund and Highway Fund, including to provide the capacity to ensure sufficient cash flow for daily financial requirements, guard against significant economic downturns, protect against unforeseen expenditures related to emergencies, maintain investment grade bond ratings, and provide a framework to help guide budgetary decisions; and WHEREAS, the Policy was developed in accord with Governmental Accounting Standards Board (“GASB”) Statement #54, Fund Balance Reporting and Governmental Fund Type Definitions, as Statement 54 requires local governments to focus on the constraints imposed upon resources when reporting fund balances in governmental funds, and the Policy thus creates fund balance classifications based upon the relative strength of the constraints that control the purposes for which specific amounts can be spent, including because such Statement 54 abandons the older-styled reserved and unreserved classifications of fund balance and replaces them with new classifications for Governmental Funds, such as “Restricted,” “Assigned,” and “Unassigned” (being the classifications used by the Town Policy of 2016); and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: 1. The Town Fund Balance Policy of 2016 (the “Policy”) be and is hereby adopted. 2. The Town Board affirms its commitment to make all reasonable efforts to: (i) maintain a responsible General and Highway Fund Balance and all Enterprise Funds at the end of each fiscal year, and to have each such fund maintained at a minimum of 25% of current operating expenditures, including accounting for issues that may impact special districts; (ii) comply with the Policy’s planned fund balance levels for FY 2017, as such numbers were carefully developed based upon need, sound fiscal policy, and GASB; (iii) expend funds and manage excess unrestricted fund balances as set forth in the Policy; (iv) replenish fund balances as needed; (v) annually review, update, and adopt any changes to the Policy. The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION ADOPTING TOWN OF LANSING RESERVE FUND POLICY OF 2016 May 18, 2016 38 RESOLUTION 16-92 RESOLUTION ADOPTING TOWN OF LANSING RESERVE FUND POLICY OF 2016 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has an important responsibility to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities, and the Town Board recognizes that the wise maintenance of reserve funds is essential to the preservation of financial integrity, is fiscally advantageous for both the Town and the taxpayers, and assists in proper planning for future repairs, expenses, capital improvements and expenditures; and WHEREAS, the Town seeks to meet these policy goals and objectives through the adoption of the Reserve Fund Policy of 2016, as submitted to this meeting, which goals and objectives are designed to keep adequate unreserved fund balance and reserve levels as a necessary component of the Town’s overall financial management strategy, to assure adequate resources for cash flow, to mitigate the short-term effects of revenue shortages, to guard against significant economic downturns and unforeseen emergencies, and to promote planned capital replacements and improvements in a responsible manner; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: 1. The Town of Lansing Reserve Fund Policy of 2016 (the “Policy”) be and hereby is approved. 2. The Town shall maintain reserves as required by law and any bond covenants or requirements, and any expenditures from reserve accounts shall be made as required by law and only upon the advance approval of the Town Board (including as may be authorized by the annual budget). 3. The Town Board shall endeavor and make reasonable efforts to: (i) present all reserve fund balances within the annual budget; (ii) build to and then maintain reserve fund balances at the optimal levels as set forth in the Policy; (iii) adjust reserves as the values and replacement and repair costs for buildings and equipment change over time; and (iv) annually review, amend, and update the Policy as needed. 4. The budget and fund balance transfers to fund the accounts for 2016, as set forth in the Policy, are approved and shall be completed when desired by the Supervisor, but prior to August 31, 2016. The question of adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO TOWN OF LANSING EMPLOYEE HANDBOOK RESOLUTION 16-93 RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO TOWN OF LANSING EMPLOYEE HANDBOOK May 18, 2016 39 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board established a personnel committee in 2014, and such committee met regularly in 2014 and 2015 and proposed multiple updates and corrections to the Employee Handbook, which had not been updated since 2011; and WHEREAS, in 2016 such work continued and many final changes have been duly identified and thus, after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that the amendments to the Town of Lansing Employee Handbook, as presented to this meeting, be and hereby are adopted and approved. The question of adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. RESOLUTION APPROVING HIRING OF SEASONAL LANSING HIGHWAY DEPARTMENT EMPLOYEES FOR 2016 RESOLUTION 16-94 RESOLUTION APPROVING HIRING OF SEASONAL LANSING HIGHWAY DEPARTMENT EMPLOYEES FOR 2016 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Highway Superintendent had included the hiring of part-time or seasonal employees to assist with the increased workload of the Highway Department in the Summer in his annual budget funding, and such funds were approved as part of the 2015 budget process for FY 2016; and WHEREAS, the Deputy Town Highway Superintendent has been principally placed in charge of making recommendations to the Town Board and final decisions relating to the filing of such positions, including the selection of candidates and the setting of appropriate pay rates and terms of employment; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that the two seasonal or part-time laborer positions be and hereby are approved to be filled by the selection of the Deputy Highway Superintendent of and for the Highway Department, effective May 18, 2016, at a rate of pay not to exceed $15.00 per hour per position, and upon such reasonable terms as the Deputy Highway Superintendent shall so select; and it is further RESOLVED that, as the appointing authority, the Town Highway Superintendent be and is hereby directed to sign Form 428s and such other documents as are reasonably necessary to hire such part-time or seasonal employees upon such determinations of the Deputy Highway Superintendent, and to otherwise give effect to these resolutions. The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: May 18, 2016 40 Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 18, 2016. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 16-95 The Supervisor submitted his monthly report for the month of April, 2016 to all Board Members and to the Town Clerk. The Supervisor’s Report was reviewed by Councilperson Robert Cree. The bills were reviewed by Councilperson Andra Benson and Supervisor Edward LaVigne. Councilperson Andra Benson moved that the Supervisor’s Report be approved as submitted and the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 05 DATED _5/18/2016__ AUDITED VOUCHER #’s 382 - 497 PREPAY VOUCHER #’s 382 - 385 AUDITED T & A VOUCHER #’s 38- 48 PREPAY T & A VOUCHER #’s 38 - 43 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 133,190.14 HIGHWAY FUND (DA&DB) $ 90,754.99 LANSING LIGHTING (SL1, 2 &3) $ 1,343.82 LANSING WATER DISTRICTS (SW) $ 189,680.15 TRUST & AGENCY (TA) $ 46,137.44 LANSING SEWER DISTRICTS (SS1, SS3) $ 7,499.13 BONE PLAIN WATER TANK PROJECT (HB) $ 43,597.72 BUDGET MODIFICATIONS HIGHWAY DB FUND May 18, 2016 FROM TO FOR AMOUNT DB5031 DB5110.400 FROM INTERFUNDS TRANSFER TO STREET MAINTENANCE 75000.00 May 18, 2016 41 Supervisor Edward LaVigne seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on May 18, 2016. BOARD MEMBER REPORTS Andra Benson Library Committee: Andra reported the Lansing Community Library had a written report and it was available as a handout. She stated that the Library budget vote was successful and the three people running for Trustees were elected. Lansing Youth Services: Andra reported they are gearing up for their summer programs. She stated the youth worker is moving, so they are looking for a replacement. Agriculture Committee: Andra stated the Agriculture Committee is going well and that Michael Long previously reported on it. Robert Cree ZBA Meeting: Robert stated he was unable to attend the last meeting. He noted, per Michael Long, that the two variances that were put forward were approved. Town of Lansing Accounting Firm: Robert stated the name has changed for the Town of Lansing’s accounting firm. Town Counsel, Guy Krogh reported that they are going through a merger process and it is still basically the same group of CPA’s. He noted the Town does not need to make changes. Robert reported that all of the Town Board Members have a questionnaire, from the accounting firm, to complete. Edward LaVigne Town of Lansing Audit: Ed reported the accounting firm is here now conducting the audit. Property Tax Assessment Grievance: Ed reported he and Andra Benson were part of the Property Tax Assessment Grievance Committee along with Jay Franklin and Irene Kehoe. He stated they only had three residents, but they learned a lot. Ed reported Jay Franklin and Irene Kehoe were very professional, fair, and thorough. May 18, 2016 42 Councilperson Andra Benson also stated that she learned a lot at the meeting and she was very impressed with Jay Franklin and Irene Kehoe who were very professional, caring, and treated the residents with great respect. Doug Dake Water and Sewer Advisory Board: Doug reported the new Bone Plain Water Tank will be in operation soon. He stated the letter was sent out notifying existing customers about the higher pressure. Doug reported good news for the CWD extension regarding the bone plain area; there will be new users and some outside users from the Town of Dryden. Doug stated the Lansing Station CWD is slow moving because of the Norfolk Southern Railroad. Planning Board: Doug reported that what the Planning Board does is very impressive. He stated they are fighting for the people and working through the situations. Katrina Binkewicz Emergency Planning Committee: Katrina reported the committee is making progress. She stated there will be information on the Town website the end of the month. Comprehensive Plan Committee: Katrina reported she is impressed with the Comprehensive Plan Committee. She stated they are a diverse group of people with different skills and interests, but pulling in the same direction. Katrina noted they have respect for each other. TOWN COUNSEL REPORT Guy Krogh Triphammer Terrace: Guy reported he is working on the Triphammer Terrace improvement project; near Tahoe Trail, over to the other side, to close the loop. He stated he will be developing easements for this; six are needed. Stormwater: Guy reported there is draft of the flood plain law updates which Dave Herrick and Dondi Harner are reviewing. He stated this is part of the EPA Phase Two Mandates. TOWN CLERK REPORT Debbie Munson NYSTCA Conference: Debbie reported there were 354 Town Clerks in attendance at the conference last month. She stated the conference is for professional development. Debbie reported there will be some changes based on the knowledge she gained at the conference and following “best practices”. Town Website: May 18, 2016 43 Debbie reported Deputy Town Clerk Amber Volbrecht, has received some additional web site training from Dan Veaner. She stated the Clerk’s Office was already posting items to the web site, but now Amber Volbrecht is able to make some additional changes. Debbie noted this will save Patrick Tyrell and Dan Veaner some time which hopefully will save the Town of Lansing some money. Notary Public: Debbie reported Deputy Town Clerk Amber Volbrecht passed her Notary test and her stamp and seal have been ordered. Tax Training Seminar: Debbie reported she will be attending a Tax Training Seminar in June, in Lake Placid. MOTION TO ENTER EXECUTIVE SESSION Supervisor Edward LaVigne, moved to ENTER EXECUTIVE SESSION TO DISCUSS PERFORMANCE AND WORKING CONDITIONS OF A PARTICULAR PERSON AT 7:25 PM. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Andra Benson, moved to EXIT EXECUTIVE SESSION AT 8:06 PM. Councilperson Doug Dake seconded the motion. All in Favor - 5 Opposed - 0 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:06 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk