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HomeMy WebLinkAbout2017-08-16 August 16, 2017 1 REGULAR TOWN BOARD MEETING August 16, 2017 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 6:32 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: Andra Benson, Councilperson Katrina Binkewicz, Councilperson (arrived at 6:34) Robert Cree, Councilperson Doug Dake, Councilperson Edward LaVigne, Supervisor ABSENT: None ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Mike Sigler, Tompkins County Legislator, Dan Veaner, Lansing Star, Cassandra Negley, Lansing Ledger, Ted Laux, Connie Wilcox, John O’Neill, Village of Lansing, Joseph Wetmore, Steve Riddle, Bolton Point General Manager, Patrick Jordan, CPA Insero & Co. CPA’s, LLP, Steve Colt, Director Parks and Recreation, Dave Herrick, T. G. Miller, PC Engineer, Sandy Conlon, Chris Williams, Darrell Rhoads, Dave Buck, Adam Buck, and a few other attendees. PATRICK JORDAN, CPA, PARTNER, INSERO & CO. CPA’S, LLP Patrick gave the Town Board members a copy of the Town of Lansing Financial Report for the year ended December 31, 2016. He reviewed the Communication Letter, from Insero & Co, which was written to the Town Board regarding their audit of the Town of Lansing financial statements. Patrick also reviewed the Independent Auditor’s Report, from Insero & Co, which involved specifically auditing the books and records of the Town of Lansing Justice Courts. Patrick reported there are new requirements, so in the future a more thorough audit may need to be done. Supervisor Edward LaVigne, asked Patrick if there were problems or issues that were brought up during the audit. Patrick stated there was nothing significant to mention in the report. Councilperson Katrina Binkewicz asked that in the future the Town Board be given the report a week in advance to review. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER Reviewed the following with the Town Board and the report was available as a handout. Tompkins County Legislator Michael Sigler August 16, 2017 Hello and thank you for having me again. Again, I want to thank Marcia Lynch whose reports I draw from liberally. The county will start imposing a 30-cent public safety surcharge on postpaid wireless communications devices, and authorizes continuation of that surcharge and its extension to pre-paid devices, which had not previously been subject to the surcharge. Plans had already been taxed. With current annual Tompkins wireless revenues of approximately $240,000, and pre- paid devices estimated at 20-30% of the wireless market, County Director of Emergency Response Lee Shurtleff noted in a briefing memo that the additional estimated pre-paid August 16, 2017 2 revenue of $40-60,000 would offset some losses from the rapidly diminishing landline public safety surcharge. Also, The Legislature approved spending $20,500 from the Contingent Fund to support acquisition of a Mass Notification System for Tompkins County, and authorized the County to enter into a three-year contract with SwiftReach Company, of Mahwah, New Jersey for the Swift911 system. The system can send an immediate message via phone, text, email, fax, and social media, targeted in a comprehensive fashion, as in a major emergency situation, or more narrowly, either geographically or to subscribers who have a particular need or interest. As a shared service (and as cited in the County’s recommended Shared Services Plan), the system will be made available without charge to all municipalities in the County. In the latest required step to comply with New York State’s County-wide Shared Services Property Tax Savings Plan Law, the Legislature, without dissent, endorsed the recommended Tompkins County Shared Services Plan and sent it back to the County’s Shared Services Panel for further public comment and action. A third public hearing on the plan will be held before the Panel takes a final vote prior to the State’s submission deadline of September 15. You can view the full Recommended County Shared Services Plan at http://www.tompkinscountyny.gov/ctyadmin/sharedserviceinitiative. The Legislature, by a vote of 11-3 (Legislators Peter Stein, Jim Dennis, and Will Burbank voted no), approved a matter of legislative procedure, amending the so-called “blue card” that must be completed and submitted by those wishing to speak during public privilege of the floor at Legislature meetings. Changes to the form make stating one’s last name and municipality of residence optional. I brought forward a resolution supporting Cayuga Solars plan for an 18 MW solar array in Lansing. It passed 13 to 1 with Dooley Kiefer voting no. The Legislature, in more than an hour of thoughtful discussion, considered a resolution, recommended by the County’s Workforce Diversity and Inclusion Committee and its Budget, Capital, and Personnel Committee, to recognize the second Monday in October as “Indigenous Peoples’ Day” in Tompkins County. The Columbus Day holiday also is observed on this date. The proposal was sent back to committee. I voted for this in committee, but it was changing on the floor and the changes were dragging us into a debate over the Cayuga Indian Land dispute which is complicated involves many sides, even with the Cayuga Nation. It frankly was getting too complex for the simple recognition of a special recognition of Indigenous Peoples. In the third and final step of a required three-step process, the Legislature, by unanimous vote, approved extension through November 30, 2020 of the additional one percent sales tax, which has been in effect since 1992. This latest extension is for three years, instead of the traditional two, since the State authorized the longer three-year extension period for counties, following passage of the 2017-18 State budget. Administrator Mareane reported on status of the search processes for the positions of Commissioner of Social Services, where finalist interviews will take place toward the end of this month, and for Commissioner of Planning and Sustainability, where applications were due Friday August 4th. Administrator Mareane reported his office is currently immersed in the 2018 County budget process. The Administrator’s Recommended Budget will be presented to the Legislature September 5th. Mike also reported the sewer ends at the Lansing Town Line on East Shore Drive. He stated he will look into extending the sewer which will require a study, petitions, etc. Mike asked the Town Board about their interest in this project. August 16, 2017 3 Supervisor Edward LaVigne, asked Mike to come back to the Town Board with an estimate of the cost for the study. STEVE RIDDLE, GENERAL MANAGER, BOLTON POINT Steve reported the following: The new proposed water billing is based on 5,000 gallons minimum and the breakeven point is about 9,000 gallons. The new meters are in place now which is giving more accurate data. Bolton Point will work with customers that have large usage to see if they can cut back on consumption. There are two agreements between Bolton Point and the Municipalities: The first proposed agreement is based on 10,000 minimum gallons with a 2% increase in price ($4.53/ thousand gallons), the second proposed agreement is based on 5,000 minimum gallons with a new rate structure and a rate of $4.96/thousand gallons. The first proposed agreement (10,000 minimum gallons) will be used, if the second proposed agreement (5,000 minimum gallons) does not pass all five of the municipalities. The second proposed agreement, based on 5,000 minimum gallons, is a direct result from customer comments. Ithaca College uses between 1.1 million and 3 million gallons of water per month. Supervisor Edward LaVigne, thanked Linda Woodward, Village of Cayuga Heights Mayor, for all of her work on this project. MOTION TO OPEN PUBLIC HEARING ON THE PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION NUMBER 4 ALONG DRAKE ROAD Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON THE PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION NUMBER 4 ALONG DRAKE ROAD at 7:10 pm. Councilperson Doug Dake seconded the motion. All in Favor – 5 Opposed – 0 Supervisor Edward LaVigne reported there was a previous information meeting held for the Proposed Consolidated Water District Extension Number 4. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Doug Dake moved to CLOSE THE PUBLIC HEARING ON THE PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION NUMBER 4 ALONG DRAKE ROAD at 7:12 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor – 5 Opposed – 0 LANSING COMMUNITY LIBRARY REPORT – AMI STALLONE The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY August 16, 2017 1. The 2017 “Build a Better World” Summer Reading was a big success with over 400 formal participants including 63 prereaders, 155 children, 83 accelerated readers, 27 teens and 90 adults. The following items were carried over from the July updates: 2. Artwork by Lansing’s own Martin Kepecs will be on display July 18 – Aug 31. 3. *NEW* The library is excited to announce that patrons can now check out one of two available museum family passes that allow entry into both the Museum of the Earth and the Cayuga Nature Center. The passes may be borrowed for one week. Passes are not renewable and must be returned directly to the circulation desk. August 16, 2017 4 4. Copies of Free?, the 2017 Tompkins County/Cornell community-read book, are available at the Lansing Library. This anthology of stories written by young adult authors around the world was compiled in recognition of the 16th anniversary of the Universal Declaration of Human Rights. 5. In addition to our regular weekly story times for children, a Family Sensory Storytime is being offered by Debbie Geise at the library on Aug 26 at 11:00 AM. This program is designed especially for children ages 3-7 with sensory processing challenges and their siblings. Email michellec@lansinglibrary.org to register for this event. 6. Kicking-Off Kindergarten Camp is being offered at the library Aug 28 – Sept 1 from 10:00 – Noon each day. At this camp, entering kindergarteners can explore books, make crafts, play games and practice social skills such as sharing, taking turns, being a friend, and dealing with feelings that often come along with a new transition. Space is limited and available on a first come, first serve basis. There is a suggested donation of $30 for this camp. 7. The Lansing Library is helping to “Build a Better World” with its new water fountain with a bottle refilling dispenser! Come in and give it a try. 8. The LCL Marketing Committee, a collaborative group of volunteers from the Friends, Trustees and community, is partnering with The John Joseph Inn to host a Halloween party for adults on Friday the 13th in October! This event is intended to be a fun community outreach as well as a fundraiser for the library. $50 / Person. 9. Friends of LCL Updates: a. The Garden Committee is looking for more volunteers. Contact Susie Gutenberger at manager@lansinglibrary.org for more information. b. The Friends’ annual Artisan Fair is scheduled for December 1 & 2. Councilperson Andra Benson, stated the museum passes are being used and are very nice for families to go to the museums for free. Councilperson Andra Benson, reported the Halloween party for adults on Friday October 13th, is a fundraiser for the library and encouraged the Town Board to attend. PARKS AND RECREATION REPORT – STEVE COLT The following report was available as a handout. Department of Parks & Recreation 8/16/17 Town Board Meeting RECREATION  Many of our summer programs are winding down or have been completed. Several were a challenge this summer with the amount of rain that we continued to receive.  Our fall programs continue to take registrations. Our Small Fry Football program has actually just started practicing this week. Seemed like 90% of our players all came in to get fitted for equipment on Monday!! Their season will start in early September and end in October.  Fall Soccer and Flag Football start in early September and we assume that many more registrations will come as we near the deadline. Time to start finding all of the coaches that will be needed to make the soccer program run smoothly.  The Soccer Camp was named for Adam Heck. We had over 200 participants and was directed by Benji Parkes and Eric Stickel. The camp was very well organized and the guys did a great job with all of the details. Most of the usual staff returned to run the camp including Adam’s brother. I am sure Adam would have been proud.  The dugout initiative… August 16, 2017 5 PARKS  Our park crew has done an amazing job with the lighthouse paver project. It has been a challenge with this summer’s weather. It looks great!  The last concert of the season is set for tomorrow evening with IRON HORSE. We lost two concerts this season to rain and flooding. They will not be able to be made up. The concerts that were held have had really good attendance. We are hoping for one more!  The Lighthouse 5K will take place in the park this Saturday. It is a very well run event and directed by the varsity XC coaches and many volunteers.  Our swim area will close for the season Sunday evening Aug. 20. We were very lucky not to have had any reported outbreaks of the Blue-green Algae.  The 27th Vet Watch Fire is set for Friday September 15th in Myers Park.  The Lansing PTSO is sponsoring an outdoor movie again this summer on Saturday August 26th on the ballfields. Steve reported NYS Tourism, I love NY Program, wants to do a special on Myers Park including website information and park pamphlets at welcome centers around the state. Steve explained about the proposed dugouts for the recreation fields. He reported they will be put on three marque fields and they will not impact the playing fields. Steve noted the dugouts will help with safety and allowing the players to get out of the weather. Supervisor Edward LaVigne, reported there are donators waiting for the resolution to pass to have the dugouts. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL No report. PLANNING CONSULTANT REPORT – MICHAEL LONG The following report was available as a handout.  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. Additional changes required. 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 Farm Day – Held Oct. 15, 2016 at Town Hall o Farm Day 2017 – Community Celebrations $1,200 Grant awarded o Louise Bement and Connie Wilcox assisting with poster boards via History Center August 16, 2017 6  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 height fall zone regulations. o Balloon site test / Visual Analysis TBD o Revised site plan – lowered tower to 95 height - submitted April 28, 2017 revisions. o Public Hearing / Visual Simulations – May 22, 2017 mtg. o 239 Review Tompkins County Planning – submitted May 11, 2017- response TBD o NYSEG letter re: fall zone / Requested May 22, 2017. o SEQRA / Site Plan approval – TBD o ZBA Fall Zone Area Variance required - TBD  Comprehensive Plan – Town Board appointment of additional new members Jan 4, 2016 o Committee Public Hearing – August 10, 2016---- o Committee Final Document – approved Sept 14, 2016. o Town Board Resolution Sept 14, 2016 Thanking members for their service and requested Planning Board to review and give input on this document. o Planning Board work sessions – Sept, 12, Sept. 26, Oct 24, Nov 14, Dec 12, Jan 23, Feb 13, Feb 27, March 13, April 24, May 8, 2017, May 15, 2017 , and June 12, 2017. o Finalize Comprehensive Plan version to Town Board July 18, 2017. (Posted to web) o Planning Board Blackline version of changes to the 2016 Comp Plan available 8/14/2017. o 2 informational sessions planned – (8/27 and 8/30 at 6:30pm possible dates) o Town Board Public Hearing -TBD.  NYSEG – Cell Tower (100 foot height) intersection of Peruville Rd at NYS Rt. 34 o Transfer Substation, electrical relays. Site improvements o Preliminary sketch plan review – April 24, 2017 meeting o Recommended investigation of alternate sites – Town Highway Site? o Fall Zone issues (140 foot height required) o 239 Review – sent 3/23/2017 o Investigation of Town Highway site – alternate location lease agreement in discussion o Public Hearing / SEQRA / TBD  Rochester Cornerstone Group – RFP Town Land – Town Board Purchase agreement. o Phase 1 – 13.5 acres with 72 dwelling units with package plant. o August & October deadline for grant applications . o Wetland delineation, survey and Storm water plan underway. o 239 Review submitted request 8/2/2017. o Sketch Plan Review – 8/14/2017 meeting. o Public Hearing – 8/28/2017 meeting. o Site Plan Approval – tentative September 11, 2017 meeting. o Phase 2 – 8.9 acres with 56 dwelling Units – with package plant. o (May need to be converted to an overall PDA due to density issues). August 16, 2017 7 Future Projects:  Cayuga Operating Plant – Proposed 18 Megawatt Solar Farm – $25 million dollar investment o Press Conference Announcement – June 7, 2017 o NYSERDA Grant applications - TBD o SWPPP / SEQRA Review - TBD o Site Plan Approval – TBD  Lansing Cottage Community Project -Tiny Timbers – RFP Town Land – Town Board Purchase Agreement – 10.8 acres o Phase 1 – 10 dwelling units - individual homes with shared septic, greenspace, parking areas, walking paths, etc. o Phase 2 – 40-50 dwelling units – individual homes with shared greenspace, parking areas, walking paths, etc. o Need an overall planning design meeting – initial concept road cul de sac distance issues, overall connectivity, etc. ENGINEER’S REPORT – DAVE HERRICK Reviewed the following with the Town Board and the report was available as a handout. 1. Water System Planning and Maintenance a. Town CWD, Extension 3: Buck Road, Conlon Road and Wilson Road Area:  Engineer’s MPR has been revised to include 3 additional residential parcels north of the Buck/Conlon Road intersection.  A second public information meeting will be held to share the findings of the new report with the landowners.  The SEQR Full Environmental Assessment Form will also be updated. b. Town CWD, Extension 4: Drake Road:  Public Information meeting was held August 2nd.  The SEQR Full Environmental Assessment Form, Parts 1-3 are completed and provided to the Town Board for consideration and action. c. Town CWD, Lansing Station Road Extension:  Sending appeal letter to Norfolk Southern Railroad for waiver of the N/S construction standards within the railroad right-of-way that significantly add cost to the project. d. Town CWD, Peruville Road Extension:  A feasibility analysis has been prepared and a petition can be circulated among the involved landowners to determine if sufficient interest exists to move forward with a full Engineer’s Report. e. Burdick Hill Pump Station:  O’Connell Electric has been installing the electrical system improvements including new primary service, transfer switch, generator pad, propane tank and temporary pump power.  Delivery date for the new pump motor starters is mid-September, which is impacting the completion date. O’Connell is working with the vendor to improve on that schedule.  Payment Application #1 has been submitted for Town Board audit. 2. General Engineering a. Recreation Department Storage Building:  TGM will generate a building layout plan that can support the Building Permit Application that will be prepared by the Town’s selected contractor(s). August 16, 2017 8 b. 2018 Town Budget Recommend meeting with Ed and Charmagne to establish Engineering, Consolidated Water District, Sewer District and Drainage District budgets. 3. Code Enforcement and Planning a. Town Center Developments:  Assisting Town Planner with modifications to the Master Plan layout and subdivision of land in response to Developer planning. Dave reported there is a new MPR for CWDX3. Supervisor Edward LaVigne, noted the tentative date for the new public information meeting on CWDX3, is September 6, 2017 at 6:30 pm. Dave stated he has been communicating with Norfolk Southern Railroad regarding the Town CWD on Lansing Station Road Extension. Councilperson Katrina Binkewicz, asked Dave if he could find out any information about the rumor of not maintaining the railroad tracks between Salt Point and the plant. AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX Connie reported the following: The farmers are behind as a result of the weather. The Cook Farm, on Lockerby Hill, was hit very badly with one of the storms. Fortunately, they did not lose any livestock. The Town of Lansing Highway Department immediately went to work on this. Willet Dairies Farm in Colorado was hit with a tornado last week and their damage was in the millions. The Town of Lansing Farmers send their best wishes to them. Agriculture Day will be October 7, 2017 at the Town Hall Complex. There will be small animals, machinery, cheese and apple tasting, and pie contests, etc. Thank you Andra and Suzie (Lansing Librarian) for helping with this. COMPREHENSIVE PLAN UPDATE – CONNIE WILCOX Connie reported the following: The Comprehensive Plan is in the hands of the Town Board and waiting for information dates to be set. PRIVILEGE OF THE FLOOR - No one addressed the Town Board. RESOLUTION MAKING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR CWD EXTENSION #4 (DRAKE ROAD) AND ISSUING PUBLIC INTEREST ORDER AND APPROVING THE ESTABLISHMENT OF SUCH CONSOLIDATED WATER DISTRICT EXTENSION #4, SUBJECT TO PERMISSIVE REFERENDUM AND THE APPROVAL OF THE NYS COMPTROLLER Town Counsel Guy Krogh reviewed the FEAF part 2. RESOLUTION 17-111 RESOLUTION MAKING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR CWD EXTENSION #4 (DRAKE ROAD) AND ISSUING PUBLIC INTEREST ORDER AND APPROVING THE ESTABLISHMENT OF SUCH CONSOLIDATED WATER DISTRICT EXTENSION #4, SUBJECT TO PERMISSIVE REFERENDUM AND THE APPROVAL OF THE NYS COMPTROLLER August 16, 2017 9 The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town has long considered and examined a Town of Lansing Consolidated Water District (“CWD”) extension along Drake Road, both in reply to neighborhood requests and to have a looped connection along SR 34-B towards the schools, and landowners residing along Drake Road have for over a decade requested a public water supply from the CWD (and Bolton Point, as the supplier of the CWD), and several prior feasibility studies and cost analyses have resulted in the project lacking either feasibility or neighborhood support; and WHEREAS, since the 2016 drought a formal petition was carried door-to-door to verify that sufficient landowner support existed prior to initiating an Article 12-A proceeding for establishing a water district extension (herein, Consolidated Water District Extension Number 4, or “CWDX4”), and a large majority of landowners (over 75%) signed the petition in support of extending the municipal water system and the creation of a new water district extension; and WHEREAS, as a result thereof the Town Board duly authorized the preparation of a formal Engineer’s Map, Plan and Report (the “MPR”) by resolution dated November 16, 2016 (R16-142) in order to consider the formation of a water benefit district and, if established, to ascertain the costs of design, construction, and financing of the said CWDX4, and the Town Board had determined that the MPR was substantially complete and fulfilled the requirements of Town Law Article 12-A (including §§ 209-c and 209-d therein); and WHEREAS, the Town Board duly issued an Order calling a Public Hearing upon CWDX4 (the “Order”), such Order meeting the requirements of Town Law and scheduling a public hearing on the question, and a public information session was held upon August 2, 2017 at Town Hall, and a formal public hearing was duly held on August 16, 2017 at Town Hall upon the question of adoption of this Public Interest Order and the environmental impact review hereof under SEQRA; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency, in relation to the qu estion 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 any 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 master plan or 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, the Town desires to proceed towards establishment of CWDX4 and finds that all proceedings to date have been in compliance with said Town Law Article 12-A and that this extension is in the public interest; and after conducting the aforesaid public hearing and in consideration of all evidence reviewed and considered thereat and otherwise, the Town Board of the Town of Lansing has hereby duly RESOLVED, that after consideration of potential environmental impacts reviewed in accord with Article 8 of the Environmental Conservation Law of the State of New York and Regulations promulgated thereunder (“SEQRA”), including 6 NYCRR § 617.7(c), the Town Board, as Lead Agency, has found and determined that: (i) the proposed action – forming CWDX4 - will have no moderate or significant negative environmental consequences; (ii) this declaration was made in accord with SEQRA, including based upon a thorough review of the EAF and other documents prepared and submitted with respect to this proposed action and its environmental review, a thorough review of potential relevant areas of environmental concern to determine if the proposed action may August 16, 2017 10 have a moderate or significant adverse impact on the environment, and the completion of the EAF on the record, including the findings noted therein; (iii) a negative determination of environmental significance is hereby issued, and an environmental impact statement is therefore not required; and (iv) responsible officer of the Town complete and sign the determination of significance confirming the foregoing Negative Declaration, which fully completed and signed EAF is incorporated herein by reference; and it is further RESOLVED AND DETERMINED, that: (i) the Notice of Public Hearing was published and posted as required by law and was otherwise sufficient; (ii) all property and property owners within the proposed extension (CWDX4) are benefited thereby; (iii) all benefited properties and property owners are included within the said extension; and (iv) the establishment of said extension is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said CWD extension are (i) wholly outside the boundaries of any incorporated city or village, and are defined as inclusive of all that land identified and described by metes and bounds in the MPR and the Order Calling a Public Hearing, such descriptions to be deemed duly incorporated herein and being described as follows: All those tracts or parcels of land situate in the Town of Lansing, County of Tompkins, State of New York being bounded and described as follows: Beginning at a point in the centerline of Drake Road, said point being 300 +/- feet west of the west line of NYS Route 34 (E. Shore Drive); thence south to a point in the south line of parcel 37.1-7-5, said point being 300 +/- feet west of the west line of NYS Route 34 (E. Shore Drive); thence west a total distance of 755 +/- feet to the southwest corner of parcel 37.1-7-3.25; thence south 258 +/- feet to the southeast corner of parcel 37.1- 7-3.22; thence westerly a distance of 958 +/- feet to the southwest corner of said parcel; thence westerly a total distance of 2,363 +/- feet along the centerline of Gulf Creek to the southwest corner of parcel 36.-1-11.5; thence north a total distance of 1,045 +/- feet to the northwest corner of parcel 36.-1-11.42; thence east 75 +/- feet along the north line of said parcel; then north 354 +/- feet to the northwest corner of parcel 36.-1-11.411; thence continuing north to a point in the north line of parcel 36.- 1-9.2, said point being 1,131 +/- feet west of the centerline of Drake Road, thence east 170 +/- feet to the southwest corner of parcel 35.-3-14; thence north 333 +/- feet to the northwest corner of said parcel; thence east 629 +/- feet to a point in the north line of said parcel; thence north to a point in the south line of parcel 35.-3-17.12, said point being 325 +/- feet from the centerline of Drake Road; thence east to the southwest corner of parcel 35.-3-13.11; thence north 250 +/- feet to the northwest corner of said parcel; thence east 252 +/- feet to the centerline of Drake Road; thence north along the centerline of Drake Road to a point opposite the southwest corner of parcel 37.1-1-1.1; thence east a total distance of 610 +/- feet to the southeast corner of parcel 37.1-1-1.4; thence north 201 +/- feet to the northeast corner of said parcel, thence east a total distance of 227+/- feet to the northwest corner of parcel 37.1-1-2; thence southeasterly along the north line of parcel 37.1-1-1.23 to a point, said point being 300 +/- feet west of the west line of NYS Route 34 (E. Shore Drive); thence southerly a distance of 570 +/- feet to a point; thence northeasterly 65 +/- feet to a point, said point being the northwest corner of former parcel 37.1-1-3; thence southeasterly 213 +/- feet to a point, said point being the southwest corner of former parcel 37.1-1-3; thence west 65 +/- feet to a point; thence southeasterly 72 +/- feet to a point; thence northeasterly 127 +/- feet to the northwest corner of parcel 37.1-1-4; thence south 125 +/- feet to the southwest corner of said parcel; thence west and south along the north line of parcel 37.1-1-8.1 a total distance of 615 +/- feet to the northwest corner of parcel 37.1-1-9.1; thence south 646 +/- feet to the southwest corner of said parcel; thence east a total distance of 1,066 +/- feet to the northeast corner of parcel 37.1-1-9.2; thence south along the east line of said parcel a total distance of 749 +/- feet to the southwest corner of parcel 37.1-1-9.8; thence east 50 +/- feet along the south line of said parcel to a point; thence south 435 +/- feet to the point or place of beginning.; all as more particularly shown upon a proposed CWDX4 boundary map contained within the MPR. Such land descriptions being also generally inclusive of the following Town of Lansing tax parcel numbers: 37.1-7-3.6; 37.1-7- 3.21; 37.1-7-3.24; 37.1-7-3.22; 37.1-7-3.5; 37.1-7-3.9; 37.1-7-3.7; 37.1-7-3.4; 37.1-7- 3.3; 37.1-1-16; 37.1-7-3.1; 37.1-7-2.1; 37.1-1-17; 37.1-1-18; 37.1-1-19; 37.1-7-1; 36.- August 16, 2017 11 1-11.5; 36.-1-11.42; 36.-1-11.411; 37.1-1-21; 36.-1-11.415; 36.-1-10; 37.1-1-22; 37.1-1-24; 37.1-1-25; 36.-1-9.1; 37.1-1-26.2; 37.1-1-26.1; 37.1-1-15.22; 35.-3-15; 37.1-1-27; 35.-3-14; 35.-3-13.11; 35.-3-1.2; 36.-1-11.1; 37.1-1-1.6; 37.1-1-15.23; 37.1-7-2.2; 37.1-7-3.8; 37.1-7-3.25; 37.1-7-5; 37.1-1-9.2; 37.1-1-3; 37.1-1-1.21; 37.1- 1-1.23; and 36.-1-9.2. The assessment maps and property descriptions therefor as are on file with the Tompkins County Clerk’s Office and Tompkins County Assessment Department are further and expressly incorporated herein; and it is further RESOLVED, that the maximum amount proposed to be expended for the construction of CWDX4 is estimated to be $640,000, and the plan of financing includes the issuance of serial bonds and a rolling bond anticipation notes for up to 38 years to finance said cost, and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and it is further RESOLVED AND DETERMINED, that the construction and improvements identified in the afore-described Order Calling a Public Hearing (Resolution 17-102, July 17, 2017) be and the same are hereby approved and authorized to be provided to such areas of CWDX4 after issuance of the Final Order of formation of this district extension; and it is further RESOLVED and ORDERED, that this Resolution be and is made conditional and subject to: (i) permissive referendum pursuant to Town Law §209-e and Town Law Article 7; and (ii) approval by the NYS Comptroller as required by Town Law § 209-f; and it is further RESOLVED and ORDERED, that the Town Clerk publish and post a Notice of Permissive Referendum as soon as is possible and at least within 10 days of the date of this Resolution, and that Town Counsel promptly being and submit an application to the NYS Comptroller’s Office as required by law. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, 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 Resolutions and Public Interest Order were approved, carried, and duly adopted on August 16, 2017. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF MIRABITO STORMWATER OPERATION, MANAGEMENT & REPORTING AGREEMENT RESOLUTION 17-112 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF MIRABITO STORMWATER OPERATION, MANAGEMENT & REPORTING AGREEMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Mirabito Holdings, Inc., received final site development approval for a commercial propane facility and related offices for a portion of TPN 30.-1-16.22 at 15 Town Barn Road from the Planning Board (PB 16-09, May 9, 2016), and such approval was conditionally granted, including upon conditions relating to the construction and maintenance of approved stormwater facilities, submission of an annual stormwater inspection report, and an agreement with the Town regarding the future m anagement and maintenance of such stormwater facilities; and August 16, 2017 12 WHEREAS, the form of a SOMRA (Stormwater Operation, Management & Reporting Agreement) has been developed and only minor changes are hereafter expected, and such agreement is intended to fulfill the Town’s obligations under stormwater rules (including Phase 2 requirements) to assure the proper upkeep and reporting relative to stormwater facilities upon and servicing the site, as well as the Developer’s conditional approval that such an agreement (or a related drainage district) be in place; and WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor be and hereby is authorized to negotiate the final terms and form of the SOMRA, such terms and form to be approved by Town Counsel and, once so accepted and approved, the Town Supervisor be and hereby is authorized to execute the said Mirabito SOMRA for, by, on behalf of, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Supervisor Edward LaVigne, 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 August 16, 2017. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF TOMPKINS TRUST COMPANY REMOTE DEPOSIT APPLICATION AND AGREEMENT RESOLUTION 17-113 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF TOMPKINS TRUST COMPANY REMOTE DEPOSIT APPLICATION AND AGREEMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has examined the benefits of a remote depository application and agreement and the leasing obligations for the scanners and equipment for the same (which lease fee is waived by the bank for the Town), and upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Clerk be and hereby is authorized to complete and submit the “Remote Deposit Customer Application,” and upon acceptance of the same by the Town’s depository bank the Town Supervisor be and hereby is authorized to execute the “Remote Deposit Agreement” for, by, on behalf of, and in the name of the Town of Lansing; and it is further RESOLVED, that only persons in the Town Clerk’s and Town Supervisor’s Offices, as designated by the Town Supervisor or Town Clerk by written notice (or revocation thereof) to the depository bank, shall be authorized to use such service unless otherwise provided by future resolution of the Town Board. The question of the 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 August 16, 2017 13 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 16, 2017. RESOLUTION ACCEPTING THE 2016 YEAR END INDEPENDENT OUTSIDE FINANCIAL REPORT AND AUDIT OF TOWN OPERATIONS, PROCEDURES, FUNDS, CASH HANDLING PROCEDURES AND ACCOUNTS RESOLUTION 17-114 RESOLUTION ACCEPTING THE 2016 YEAR END INDEPENDENT OUTSIDE FINANCIAL REPORT AND AUDIT OF TOWN OPERATIONS, PROCEDURES, FUNDS, CASH HANDLING PROCEDURES AND ACCOUNTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has received and reviewed the 2016 Year End Independent Outside Audit of Town functions, cash management policies, accounts and protocols, including additional agreed upon procedures for Supervisor’s Office, Court Office, and Highway Department of the Town; and WHEREAS, Insero & Co prepared the financial report and audit, and it was given to the Town Board for review; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that such 2016 Year End Independent Outside Audit Report be and hereby is approved. SEQRA: Type II Action. 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 – Abstained Councilperson Robert Cree – Aye Councilperson Doug Dake – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 16, 2017. RESOLUTION TO RELEVY YEARLY WATER AND SEWER CHARGES ON THE TOWN AND COUNTY TAX BILL RESOLUTION 17-115 RESOLUTION TO RELEVY YEARLY WATER AND SEWER CHARGES ON THE TOWN AND COUNTY TAX BILL The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Town Board hereby authorizes the Receiver of Water and Sewer Rents to relevy water and sewer accounts each year on the Town and County tax bills; and WHEREAS, to assure proper notification to all account holders, the Lansing Town Board hereby directs SCLIWC (Bolton Point) once a year to place a timely reminder notice on the August water bills, or the Receiver of Water and Sewer Rents will send the courtesy reminder letter generated by Williamson Law Book, to all owners and tenants who have a balance of $1.00 or more for the water and sewer charges on their account; and August 16, 2017 14 WHEREAS, the last day for payment will be the second Tuesday of October; and WHEREAS, after the collection date the Receiver will notify SCLIWC to remove said amounts from accounts to be relevied on the Town and County tax bills; and WHEREAS, by no later than the second Tuesday of November the Receiver will send the amounts to be relevied on the Town and County tax bill to the Tompkins County Assessment Department. WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Receiver will relevy the unpaid water and sewer account charges plus a 10% fee on all accounts with a balance of $10.00 or more to the Town and County tax bills. BE IT FURTHER RESOLVED that all unpaid water and sewer account charges under $10.00 will be adjusted. 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 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 16, 2017. RESOLUTION AUTHORIZING SALE OF TOWN CENTER PARCEL E TO LANSING COMMUNITY COTTAGES, LLC AND DARRELL RHOADS RESOLUTION 17-116 RESOLUTION AUTHORIZING SALE OF TOWN CENTER PARCEL E TO LANSING COMMUNITY COTTAGES, LLC AND DARRELL RHOADS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, in January of 2017 the Town Board revisited and reissued a RFP for Town Center Development with an updated concept plan, all with the intent to augment development, affordable housing, and other goals as set forth in such RFP and in the Town’s Comprehensive Plan documents, and the Town’s Planner has undertaken an update and review and a committee was appointed to review several offers and proposals that were delivered, and while each such proposal is moving forward at a differing pace, Lansing Community Cottages, a local consortium that plans to build a PDA-based community of micro housing units with open space and other amenities, has made an offer for 9.7± acres of Parcel E, and neighboring landowner Darrell Rhoads has made an offer for the remaining balance of 1.1± acres of Parcel E as set forth in supplemental project maps, both for a combined amount of $51,920; and WHEREAS, a contract and relevant terms of sale have been developed and negotiated to allow such offerors to obtain title or site rights to develop and review plans for site development, financing, and market analyses, and the proposed near-final form of the contingent purchase agreements have been duly presented to the Town Board at this meeting and reviewed and, accordingly, after due deliberation thereupon the Town Board of the Town of Lansing has hereby RESOLVED, that such contracts of sale be and hereby are approved in substantially the form as presented and, subject to approval of the final form thereof by the Town Supervisor upon the advice and consent of the Town Attorney, such contracts be and August 16, 2017 15 hereby are approved, and the Town Supervisor be and hereby is authorized to execute the same by, for, on behalf of, and in the name of the Town of Lansing; and it is further RESOLVED, that this resolution be and hereb y is subject to permissive referendum as required by Town Law § 64 and Town Law Article 7, and the Town Clerk is directed to publish a compliant notice of permissive referendum within 10 days of the adoption hereof. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, 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 August 16, 2017. RESOLUTION AMENDING AND UPDATING TOWN RESERVE FUND POLICIES TO ADD THE PARKS AND TRAILWAYS RESERVE FUND RESOLUTION 17-117 RESOLUTION AMENDING AND UPDATING TOWN RESERVE FUND POLICIES TO ADD THE PARKS AND TRAILWAYS RESERVE FUND The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town, as part of a two-year budget and planning policy, updated the town’s fund balance and reserve fund policies in May, 2016, and by Resolution 16-92 formally adopted the fund balance policy; and WHEREAS, by Resolution 17-99 (July 19, 2017) the Town formally adopted and created a “Town of Lansing Parks and Trailways Reserve Fund” under and pursuant to General Municipal Law § 6-c, and the Town Board did further authorize an update to the reserve fund policy; and WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the reserve fund policy, as updated and dated August, 2017, be and hereby is adopted and approved. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, 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 August 16, 2017. RESOLUTION AUTHORIZING BOILER REPLACEMENT PROJECT RESOLUTION 17-118 RESOLUTION AUTHORIZING BOILER REPLACEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: August 16, 2017 16 WHEREAS, the boiler in Town Hall has failed and needs to be replaced, and the lack of hot water in a place of public assembly is a health issue needing immediate attention; and WHEREAS, any capital improvement or repair/replacement project requires Town Board approval under the Town’s existing Procurement Policy; and WHEREAS, the amount to be spent is well under the public bidding level of $20,000 for a goods and services project of this nature, and the Town has sought the required number of bidders and competitive bids for the project, with two written bids being submitted and the lowest submitted bid chosen, and the process thus documented being accepted and approved by the Town Board; and WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the boiler replacement project in an amount not to exceed $16,000 be and hereby is approved; that the proposal and agreement from Sweazey’s Air Conditioning & Heating be and hereby is approved; that the Supervisor be and hereby is authorized to sign such agreements and documents as are desired or necessary to hire Sweazey’s Air Conditioning & Heating and effect a boiler replacement in Town Hall; and that all prior actions and documents exchanged or undertaken in respect of this emergency boiler replacement project be and hereby are ratified, adopted and approved by the Town. 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 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 16, 2017. RESOLUTION TO ACCEPT SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE 2018 WATER RATE SCHEDULE RESOLUTION 17-119 RESOLUTION TO ACCEPT SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE 2018 WATER RATE SCHEDULE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing is a signatory to the amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an Intermunicipal water supply and transmission system dated as of June 5, 1979, as the same has been amended from time to time, (the “Agreement”); and WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule; and August 16, 2017 17 WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS, among other changes, the basic water rate is being increased and the flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and fifty three cents ($4.53); and WHEREAS, the following rate schedule appears below; and EXHIBIT I SCLIWC - BOLTON POINT WATER SYSTEM 2018 WATER RATE SCHEDULE EFFECTIVE JANUARY 1, 2018 RATE STRUCTURE: The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and fifty three cents ($4.53). This rate is equal to three dollars and thirty nine cents ($3.39) per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1, 2018. Actual or base consumption may occur prior to January 1, 2018. MINIMUM BASE CHARGES: Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 1, 2018. The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: BASE MINIMUM BASE METER SIZE CONSUMPTION CHARGE (INCHES) (GALLONS) (DOLLARS) 3/4 10,000 45.30 1 30,000 135.90 1-1/2 45,000 203.85 2 90,000 407.70 3 140,000 634.20 4 200,000 906.00 ≥6 350,000 1,585.50 Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three-quarter inch meter (e.g., if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 100,000 gallons, the Commission billing would be $906.00 (20 units times $45.30) rather than $453.00 (100,000 gallons at $4.53/1000 gallons)) An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year. WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby August 16, 2017 18 RESOLVED, that the proposed changes be and hereby are approved, by the Town Board; the Supervisor and each Councilperson be and hereby are authorized to execute the SCLIWC Bolton Point Water System Agreement to Change Water Rate Schedule by, for and in the name of the Town of Lansing. 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 August 16, 2017. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO BOLTON POINT INTERMUNICIPAL AGREEMENT FOR CHANGES TO 2018 WATER RATE CALCULATIONS BASED UPON CHANGE IN MINIMUM BILLING AMOUNTS RESOLUTION 17-120 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO BOLTON POINT INTERMUNICIPAL AGREEMENT FOR CHANGES TO 2018 WATER RATE CALCULATIONS BASED UPON CHANGE IN MINIMUM BILLING AMOUNTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town had entered into an amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an intermunicipal water supply and transmission system dated as of June 5, 1979 as the same has been amended from time to time (the “Agreement”), and pursuant to such Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, water revenues have been based, in part, upon a water rate billing structure using a 10,000 gallon minimum for billing purposes, and the Town and the Commission believe it is fairer and advisable to adopt a new water rate billing structure based on a 5,000 gallon minimum; and WHEREAS, the following rate structure appears below; and SCLIWC - BOLTON POINT WATER SYSTEM 2018 WATER RATE BILLING STRUCTURE EFFECTIVE JANUARY 1, 2018 MINIMUM BASE CHARGES: The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and ninety six cents ($4.96). The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1, 2018. Actual or base consumption may occur prior to January 1, 2018. The following minimum base charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 1, 2018. The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: August 16, 2017 19 BASE MINIMUM METER SIZE CONSUMPTION BASE CHARGE (INCHES) (GALLONS) (DOLLARS) 3/4 5,000 24.80 1 15,000 74.40 1-1/2 22,500 111.60 2 45,000 223.20 3 70,000 347.20 4 100,000 496.00 ≥6 175,000 868.00 Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three-quarter inch meter (e.g. if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 50,000 gallons, the Commission billing would be $496.00 (20 units times $24.80) rather than $248.00 (50,000 gallons at $4.96/1000 gallons)). WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has duly RESOLVED, that effective January 1, 2018, the water rate schedule be amended as presented to this meeting, including by adjusting the minimum billing amount to be based upon 5,000 gallon minimum for a ¾” line; the Supervisor and each Councilperson be and hereby are authorized to execute the SCLIWC Bolton Point Water System Agreement to Change Water Rate Billing Structure, for and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, 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 August 16, 2017. RESOLUTION AUTHORIZING BALLFIELDS IMPROVEMENT PROJECT Supervisor Edward LaVigne, stated Lansing Community Council will be collecting the donations and there are three people ready to donate $5,000 each. He noted people are ready to volunteer to do the work. RESOLUTION 17-121 RESOLUTION AUTHORIZING BALLFIELDS IMPROVEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, there has long been a plan to improve the recreational ballfields by building traditional dugouts to protect players from weather and foul balls, to protect players from taunting and rude fans, to provide for secure storage, to provide for private coaching space, to provide for player privacy, including in the treatment of injuries, to improve the views of the home plate area, and to improve overall field utility and design; and August 16, 2017 20 WHEREAS, the improvement plan has 3 stages: (1) to competitively bid the construction of the foundation and block walls for each of 6 dugouts, as that requires specialized skill and equipment, all at an anticipated and estimated cost of $1,500 per dugout, or $9,000; (2) to receive all materials and equipment for dugout construction and equipping as a charitable donation from the Lansing Community Council, Inc., which non-profit agency has already begun significant fundraising; and (3) to thereafter construct the shelters using town employees and Park & Recreation coaches and volunteers; and WHEREAS, the Town duly recognizes that any contracted-for services and labor will be required to have a PRC number, and for workers to be paid prevailing wages and abide by public works rules (collectively “PW Rules and Wage Verification”); and WHEREAS, dugout plans, elevation drawings, and site location drawings have already been completed and such project will be overseen and managed by the Parks & Recreation Department, including Spota compliance and PW Rules and Wage Verification; and WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED as follows: 1. The dugout project be and hereby is approved, and up to 6 dugouts may be so built as and where shown on ballfields A, E and F. 2. The project shall be overseen by the Parks & Recreation Department, and the Director thereof shall appoint a project manager who shall serve as a Spota compliance clerk to assure that PW Rules and Wage Verification rules are followed. 3. The hiring of a masonry or general contractor for foundation and block work shall be in accord with the Town’s Procurement Policy and no bid may be accepted for $20,000 or more for any individual project or any combined labor or purchases without express Town Board approval and public competitive bidding as required by such Procurement Policy and GML § 103. 4. The proposed gift or dedication of materials, supplies, tools, and equipment to construct the dugouts by the Lansing Community Council, Inc., be and hereby is approved, subject to the inspection of such goods, equipment, and other materials by said Project Manager and acceptance thereof. 5. So long as the project proceeds and follows the process outlined above the same and the dugout project be and hereby are approved, but if any goods or labor, other than as set forth above, are required to be purchased by the Town the matter shall be referred to the Town Board for review and further authorization(s). The question of the 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 August 16, 2017. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF LEGAL SERVICES ENGAGEMENT AGREEMENT WITH GUY K. KROGH, ESQ., AND THALER & THALER, P.C. August 16, 2017 21 RESOLUTION 17-122 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF LEGAL SERVICES ENGAGEMENT AGREEMENT WITH GUY K. KROGH, ESQ., AND THALER & THALER, P.C. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town examined the 2014-2017 legal services agreements in June 2017, and reviewed and considered the prior rates and agreements pertaining to the same, as well as the current legal rates in the County; and upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor be and is hereby authorized to sign the updated July 1, 2017 legal services agreement changing the rate effective July 1, 2017. The question of the 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 August 16, 2017. RESOLUTION SUPPORTING LANSING TRAILS APARTMENTS RESOLUTION 17-123 Supervisor Edward LaVigne, stated the Highway Department will do the sidewalk which may be a year from now. He noted this is subsidized housing and Woodsedge is also subsidized housing. Supervisor Edward LaVigne, reported wonderful people live at Woodsedge and Lansing Trails Apartments will allow people to remain in or come back to Lansing to live. Councilperson Katrina Binkewicz, reported people are interested in giving up the maintenance on their homes if there is a nice place to live. RESOLUTION SUPPORTING LANSING TRAILS APARTMENTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Rochester’s Cornerstone Group, Ltd. and Providence Housing Development Corporation, as Co-Developers, will be submitting an application to New York State Homes and Community Renewal, as well as the Housing Trust Fund, for funding the housing development to be known as the Lansing Trails; and WHEREAS, Co-Developers seek the continued support of the Town of Lansing in connection with the funding of this project, and the Town Board believes it to be in the best interest of the Town of Lansing to continue to support this project; and WHEREAS, upon due deliberation and consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board for the Town of Lansing finds that there is a need for affordable family housing within the Town of Lansing and the surrounding area and supports an application to be made by Co-Developers to the New York State Homes and Community Renewal and Housing Trust Fund for funding of the Lansing Trails housing project in the Town Center on Auburn Road; and it is further August 16, 2017 22 RESOLVED, that the Town Board acknowledges that the construction of Lansing Trails aligns with the goals of the Town of Lansing to provide a wide range of safe, sanitary, and affordable housing opportunities for the existing and future residents of the Town of Lansing, as identified within the Town's Comprehensive Plan, and that improving the state of the Town's housing stock will be beneficial to both the Town of Lansing and its residents; and it is further RESOLVED, that the Town of Lansing agrees to assist Co-Developers with establishing a pedestrian connection between the existing Tompkins Consolidated Area Transportation (TCAT) bus stop located in the Town of Lansing Town Hall parking lot and the Town Center (including Lansing Trails), including through the cooperative development of plans, permits, and other work needed to establish a sidewalk and crosswalk linking such bus stop and the Town Center. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, 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 August 16, 2017. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 17-124 The Supervisor submitted his monthly report for the month of July 2017, 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 Katrina Binkewicz and Supervisor Edward LaVigne. Supervisor Edward LaVigne 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 # 008 DATED _8/16/2017__ AUDITED VOUCHER #’s 671 - 840 PREPAY VOUCHER #’s 671 - 672 AUDITED T & A VOUCHER #’s 57 - 63 PREPAY T & A VOUCHER #’s 57 - 60 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 182,422.38 HIGHWAY FUND (DA&DB) $ 144,033.56 LANSING LIGHTING (SL1, 2 &3) $ 1,458.99 LANSING WATER DISTRICTS (SW) $ 264,845.80 August 16, 2017 23 TRUST & AGENCY (TA) $ 45,178.54 WARREN ROAD SEWER DISTRICTS (SS1-) $ 61.90 CHERRY ROAD SEWER DISTRICT (SS3-) $ 0.00 CAPITAL PROJECT BPWTP (HB) $_ _____ 0.00 BUDGET MODIFICATIONS GENERAL FUND A 8/16/2017 Board Meeting FROM TO FOR AMOUNT A1990.400 A1410.130 From Contingency to Town Clerk Personal Srvcs $ 500.00 Under Budgeted for Clerk's office assistance A599 A1620.405 From Fund Balance to Town Hall Repairs $ 71,975.50 Roof Repair - Resolution #17-85 A2680 A1910.400 From Insurance Recoveries to Unallocated Ins $ 500.00 Additional Ins Premiums for Code Truck A599 A3310.400 From Fund Balance to Traffic Control Contractual $ 9,425.00 Myers Rd Speed Sign - Board approved 6/21/17 A1990.400 A5010.100 From Contingency to Superintendent of Highways Prsnl Srvcs $ 540.00 Clerical error on original Budget input- Transposed number A1990.400 A7180.400 From Contingency to Beach & Pool Contractual $ 11.00 Additional Exp A2705 A7560.400 From Donations to Other Performing Arts $ 20.00 Advertising Exp for Bands GENERAL FUND SW 8/16/2017 Board Meeting FROM TO FOR AMOUNT SW1990.400 SW8310.402 From Contingency to Legal $ 3,000.00 CWD#3 & #4 Legal work Councilperson Robert Cree 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 August 16, 2017. BOARD MEMBER REPORTS Andra Benson Library: Andra noted the library report was already given. Lansing Youth Services: Andra reported the summer programs were well attended. August 16, 2017 24 Robert Cree Zoning Board of Appeals: Robert reported there was no meeting. Doug Dake CWD: Doug reported the CWD was already covered with Dave Herrick’s report. Planning Board: Doug noted Mike Long’s report covers many items. He reported he recently saw a nice presentation from Cornerstone. Doug stated they also discussed possible solar laws and land use. Katrina Binkewicz Salt Point: Katrina reported the reading camp is going to Salt Point to practice reading at the Kiosk and view the Osprey’s. TOWN COUNSEL REPORT Guy Krogh Solar Law: Guy reported he is working with the Planning Board on the Solar Law. Traffic Light at Crossroads Intersection: Guy reported he received a Notice of Condemnation from NYS regarding a light at this intersection and this only involves .029 acres (not Town land) for a post to support the light. New York State Delinquent Taxes: Guy stated he will draft a letter to NYS regarding the delinquent taxes. Class Action: Guy reported he received notification of a Class Action litigation in Federal Court downstate on long term loans. He stated the Town had a bond many years ago with one of the banks, so there might be a claim. Guy noted the cost for the research on this would probably outweigh the return of interest. NYSEG: Guy reported NYSEG was looking at putting up a communications tower near Phoenix Auto, adjacent to their distribution station, but the Planning Board was concerned with that area. Guy stated NYSEG likes the Town Highway area and he is working on a lease. He noted the Planning Board will review the lease first before it goes to the Town Board. Next Month: Guy noted he will not be at the September Town Board Meeting on September 20, 2017. August 16, 2017 25 BOARD MEMBER REPORTS Edward LaVigne Comprehensive Plan: Ed stated he would like to set two dates for Comprehensive Plan information meetings. After considerable discussion with the Town Board, they agreed on Sunday August 27, 2017 and Wednesday August 30, 2017 at 6:30 pm. PLEASE NOTE, AFTER THE MEETING THERE WAS FURTHER DISCUSSION AND THERE WILL BE ONLY ONE INFORMATION MEETING ON THE COMPREHENSIVE PLAN AT THIS TIME. THE MEETING WILL BE ON WEDNESDAY AUGUST 30, 2017 at 6:30 pm, AT THE LANSING COMMUNITY CENTER. Town Budget: Ed reported the Town Clerk will present the Tentative Budget at the September Town Board Meeting. He noted the Public Hearing will be set at the October Town Board Meeting and there will be a Special Meeting to approve the budget in November. September Town Board Meeting: Ed asked the Town Board about changing the September meeting to a different date since Town Counsel Guy Krogh will not be available on September 20, 2017. After considerable discussion with the Town Board, they agreed to have the regular Town Board Meeting on September 27, 2017 which would include a Public Hearing on the Comprehensive Plan. The Town Board also agreed to have a meeting on September 20, 2017 to have the Tentative Budget presented and to discuss any proposed changes to the Comprehensive Plan. PLEASE NOTE, AFTER THE MEETING THERE WAS FURTHER DISCUSSION AND THE REGULAR TOWN BOARD MEETING WILL BE HELD ON SEPTEMBER 20, 2017. THERE WILL NOT BE A TOWN BOARD MEETING ON SEPTEMBER 27, 2017. RESOLUTION SCHEDULING PUBLIC HEARING UPON AMENDED TOWN COMPREHENSIVE PLAN RESOLUTION 17-125 RESOLUTION SCHEDULING PUBLIC HEARING UPON AMENDED TOWN COMPREHENSIVE PLAN The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the updated and amended Comprehensive Plan has been posted online for several weeks and under and available for review, and the Town Board believes it is time to move forward and formally consider approval and adoption of the same; and WHEREAS, the full and first completed draft of the Comprehensive Plan was prepared by the Comprehensive Planning Committee, and based upon input and comments received the plan was then referred to the Planning Board for consideration and recommendations as to revisions and updates thereto (Resolution #16-129); and WHEREAS, the first of the two required public hearings upon comprehensive plans was duly held in relation to the Comprehensive Plan by the Comprehensive Plan Committee upon August 10, 2016 and all members of the public were duly heard and all evidence taken; and the matter thereafter referred to the Planning Board for final review and recommendation to the Town Board; and August 16, 2017 26 WHEREAS, upon consideration of the foregoing and the ongoing § 239 review of the Comprehensive Plan, as amended, the Town Board of the Town of Lansing has hereby RESOLVED, that a formal public hearing be and hereby be scheduled for September 27, 2017, and the Board duly directs that proper notice thereof be posted and published as required by law. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, 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 August 16, 2017. PLEASE NOTE, AFTER THE MEETING THERE WAS FURTHER DISCUSSION AND THIS RESOLUTION WILL BE REPEALED AT THE TOWN BOARD MEETING ON SEPTEMBER 20, 2017. THERE WILL NOT BE A PUBLIC HEARING AT THIS TIME. BOARD MEMBER REPORTS Edward LaVigne Town Budget: Ed stated the Town Board will have the Tentative Budget by September 5, 2017 to review prior to September 20, 2017. MOVE MEETING TO WORK SESSION MEETING There was no Work Session because the Work Session items were all discussed under Supervisor Edward LaVigne’s Board Member Reports above, which included Town Board discussions. MOTION TO ENTER EXECUTIVE SESSION Supervisor Edward LaVigne moved to ENTER EXECUTIVE SESSION TO DISCUSS A MATTER OF LITIGATION AT 8:27 PM. Councilperson Katrina Binkewicz seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Andra Benson moved to EXIT EXECUTIVE SESSION AT 9:29 PM. Councilperson Katrina Binkewicz seconded the motion. All in Favor - 5 Opposed - 0 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 9:29 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk