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HomeMy WebLinkAbout2008-02-13SPECIAL TOWN BOARD MEETING Date: February 13, 2008 Time: 6:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Lansing Library Grant Application 5. Lansing Youth Services Grant Application 6. Snow Removal Agreement with the Lansing Library 7. 6:05 p.m. — Public Hearing re Formation of Drainage District #4 (Lake Forest Subdivision) 8. 6:10 p.m. — Public Hearing for SEQRA Environmental Review for Proposed Drainage District #4 & Establish Notice of Intent to Act as Lead Agency 9. 6:15 p.m. — Public Hearing for SEQRA Environmental Review for Proposed Myers Heights Rear Road CWD Boundary Change & Establishing Notice of Intent to Act as Lead Agency 10. 6:20 p.m. — Public Hearing re CWD Boundary Extension for Myers Heights Rear Road 11. 6:25 p.m. — Public Hearing to Consider Proposed Local Law #2 of 2008 (Amending Local Law #3 of 2005 Subdivisions) 12. Privilege of the Floor: Anyone wishing to address the Board please approach the podium and state your name and address. 13. Engineer's Report 14. Planning Department Report 15. Highway Superintendent's Report 16. Parks and Recreation Report 17. Approve Audit 18. Approve Minutes of January 16, 2008 19. Board Member Reports 20. Town Counsel Report 21. Executive Session if Needed 22. Adjourn Meeting G 53 February 13, 2008 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Pinney presiding. Call, The Supervisor called the meeting to order and had the clerk take the Roll ROLL CALL A. Scott Pinney Supervisor Present Matt Besemer Councilperson Present Marty Christopher Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Absent Lorraine Moynihan Schmitt Town Attorney Present Visitors: Jack French, Dave Herrick, Darby Kiley, Dan Veaner, Hurf Sheldon, Dave and Darin Buck, Floyd and Wendy Davis, Roger and Marilyn Hagin, Dave Heck, Brent Zifchock, Deborah Trombull, Cal Warren, Steve Wampler, Dick and Pam Platt and a couple of other residents. The Supervisor led all present in the Pledge of Allegiance. Lansing Library Grant Application: RESOLUTION 08 -59 RESOLUTION IN SUPPORT OF LANSING LIBRARY CENTER APPLICATION FOR COMMUNITY CELEBRATIONS GRANT At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Lansing Library Center ( "LLC ") is, on behalf of the community, seeking funding through grant sources and the Community Celebrations Grant, and said grant program requires a letter of support from the local community; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that the Supervisor and /or Deputy Supervisor be authorized to author, edit, and /or execute a letter of support for the Community Celebrations Grant by, for, and in the name Lansing. SEQRA: Type II Action. rising Youth Services Grant Applica RESOLUTION 08 -60 and hereby are LLC relating to of the Town of 1 55 56 RESOLUTION IN SUPPORT OF LANSING YOUTH SERVICES APPLICATION FOR COMMUNITY CELEBRATIONS GRANT At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Marty Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Lansing Youth Services ( "LYS ") is, on behalf of the community, seeking funding through grant sources and the Community Celebrations Grant, and said grant program requires a letter of support from the local community; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that the Supervisor and /or Deputy Supervisor authorized to author, edit, and /or execute a letter of support the Community Celebrations Grant by, for, and in the nar Lansing. SEQRA: Type II Action. Snow Removal Agreement with Lansing Library: RESOLUTION 08 — 61 be and hereby are for LYS relating to ne of the Town of RESOLUTION AUTHORIZING AMENDMENT OF LEASE BETWEEN TOWN AND LCLC At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Matt Besemer, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher —aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town had entered into a long -term lease with LCLC (a /k/a the Lansing Library); and WHEREAS, the LCLC now desires to amend such lease to (1) have the Town provide snow and ice removal upon sidewalks, steps, platforms and parking areas, and (2) reimburse the Town for all the costs of the same, including labor and materials; and WHEREAS, the Town desires to provide such services and has the labor power and resources to provide such services upon a fee paid basis; and WHEREAS, in deliberation of the foregoing, the Town Board has RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized to so amend the said lease agreement upon such terms as they deem 2 11 1 Hl' in the Town's best interests, and that they each be further authorized to execute any such lease amendment by for, and in the name of the Town of Lansing, subject to the advance approval of the language thereby Town Counsel. Privilege of the Floor: Hurf Sheldon of 279 Holden Road: Mr. Sheldon reported that he works with the Board of Elections as a Machine Custodian. He asked for the Board's thoughts regarding the Board of Elections combining some of the Election Districts in the Town and Village of Lansing. The County is considering this to save money in the purchase of the new voting machines. The new machines will cost between $15,000.00 and $ 25,000.00 a piece. The Board felt the County should look into changing the boundaries of the Districts first as many people travel further to vote than the Board felt necessary Open Public Hearing: Formation of DD#4 (Lake Forest Subdivision): RESOLUTION 08 — 62 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on proposed Drainage District # 4 is hereby opened at 6:11 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Dave Herrick explained the proposed Drainage District to all present. Dave Heck asked where the water from the ponds would go. Mr. Herrick informed him that the water would go into the lake from the Salt Point area. Mr. Pinney asked about an operation and maintenance fee so that down the road the property owners would not have to come up with a large sum of money all at once. He stated that if a pond had to be cleaned out 10 years down the road, it could be very expensive. He also felt there should be something in place for a new homeowner if a large expense occurred to the district shortly after the purchase of the property. This will all be discussed and something put in place at a later date. Close Public Hearing: RESOLUTION 08 = 63 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:18 p.m. Vote of Town Board . Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . ublic Hearina o (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor R Environmental Review RESOLUTION 08 = 64 3 57 58 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Besemer: RESOLVED, that the Public Hearing on SEQR Environmental Review for the proposed DD#4 is hereby opened at 6:19 p.m. Vote of Town Board .. . Vote of Town Board .. . Vote of Town Board ... Vote of Town Board .. . Vote of Town Board ... Close Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor RESOLUTION 08 - 65 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:20 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Open Public Hearing for SEQR for DD # 4: RESOLUTION 08 — 66 RESOLVED, that the Public Hearing on the SEQR for DD# 4 is here opened at 6:21 p.m. Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board. Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Close Public Hearing on SEAR: RESOLUTION 08 = 67 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:22 Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board. (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Issue SEQR Negative Declaration: RESOLUTION 08- 68 RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR DRAINAGE DISTRICT #4 (LAKE FOREST SUBDIVISION) 2 i i M At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Town Board of the Town of Lansing received a request for the dedication of permanent stormwater facilities located in the Lake Forest Subdivision, all pursuant to and as depicted upon an approved and sealed Final Subdivision Plat and the SWPPP, and such facilities were duly dedicated to the Town subject to the Town's right to assign the same to any future Drainage District formed for the benefited areas; and WHEREAS, the Town Board issued a Public Interest Order relative to formation of the said Drainage District #4 and desires to conduct a SEQRA review to examine the environmental impacts of such proposed District Extension, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan; and WHERAS, the Town Board classified the action as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak), proposed to be the Lead Agency for environmental review, identified all Involved or Interested Agencies and duly caused a Notice of Intent to be delivered to each of the same; and WHEREAS, the responses of each Involved or Interested Agency were duly considered; and WHEREAS, a Public Hearing was duly noticed and held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 13th day of February, 2008, at 6:10 o'clock P.M., whereat the SEQRA review of the environmental impacts of proposed Drainage District #4 were duly considered, and all persons interested in the subject thereof were duly heard; and WHEREAS, the environmental impacts identified were the construction of the facilities and the disturbance of soils to install water vaults and lines, and the temporary nature of such disturbances, the re- seeding of grasses where required, and the installations being the subject of permitting processes all mitigate such impacts and make them non - significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact: accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly the Town Board of the Town of Lansing, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its 5 thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a 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 Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQRA for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required; and it is further RESOLVED that the 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 Short EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2, The Town Supervisor of the Town of Lansing. 3. All Involved and Interested Agencies. 4. Any person requesting a copy; and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. SEQRA: Unlisted Action. ublic Hearinq on Proposed CWD Boundary Extension for Heights Road Rear: RESOLUTION 08 - 69 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the proposed Myers Heights Road Rear CWD Boundary Extension is hereby opened at 6:28 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Close Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor RESOLUTION 08 - 70 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:29 p.m. Vote of Town Board. (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson on Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Open Public Hearing for SEQRA Environmental Review for Proposed Myers Heights Road Rear CWD Boundary Change and Establish Notice of Intent to act as Lead Agency: RESOLUTION 08 -71 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the SEQR Environmental Review and to Establish Notice of Intent to act as Lead Agency for the proposed Myers Road Rear CWD Boundary Change is hereby opened at 6:30 p.m. Vote of Town Board Vote of Town . Board. Vote of Town Board Vote of Town . Board. Vote of Town Board. Close Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor RESOLUTION 08 - 72 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:31 p.m. Vote of Town Board. Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . F (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor istrlct ;; 4: RESOLUTION 08- 73 RESOLUTION APPROVING FORMATION OF DRAINAGE DISTRICT #4 (LAKE FOREST SUBDIVISION) At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mr. Pinney, and was duly seconded by Mr. Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Town Board of the Town of Lansing received a request for the dedication of permanent stormwater facilities located in the Lake Forest Subdivision, all pursuant to and as depicted upon an approved and sealed Final Subdivision Plat and the SWPPP; and 7 62 WHEREAS, the Developer of the Lake Forest Subdivision petitioned for the creation of a Drainage District, herein Drainage District #4, and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of proposed Drainage District #4, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Lake Forest Subdivision, and had previously authorized the preparation of a map, plan and report ( "MPR ") by Resolution 07- 166 (August 15, 2007), and no request for a referendum having being filed or received; the Town Board having reviewed and accepted the MPR as prepared and submitted by the Town Engineer as final; and said MPR is and has been on file at the Town Clerk's Office for review, as required by law; and WHEREAS, the Town determined that (i) the of the Town Law, and in the proposed district (iii) all benefited parce from such district; and Board duly issued an Order under Town Law §209 -d and final Map, Plan and Report comply with the requirements (ii) is in the public interest and to the benefit of all parcels to establish the Town of Lansing Drainage District #4, and Is are included, and no benefited parcels were excluded, WHEREAS, a Public Hearing was duly held at 6:05 p.m. upon February 13, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons thereat were duly heard; and WHEREAS, it was determined that: (1) the boundaries of the proposed district are inclusive of the following tax parcel number(s), and the assessment map and property descriptions as are on file at the Tompkins County Clerk's Office are expressly incorporated herein: 32. -1- 37.428, intending to encompass all lots within the said Lake Forest Subdivision; all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) the proposed improvements consist of stormwater facilities and drains, all of which are set forth upon the Lake Forest Subdivision Plat, which is expressly herein incorporated herein as now exists or as hereafter amended; all costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law and NYSDEC GP- 02 -01; (3) the Town's maintenance responsibilities include inspections, sediment and debris removal, vegetation management, animal and nuisance management; erosion control; and structural repairs; (4) the estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (5) there is no hook -up cost for the drainage district; (6) there is no financing needed for this project; (7) the Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; and (8) the Map, Plan and Report describes in detail how the financing, hook -up costs, and other costs and expenses, were estimated and computed, including the first year's estimated average maintenance cost of $32.85 (with actual costs varying per parcel size); such costs are proposed to be paid through special benefit assessments for the benefited parcels of the proposed district, to be collected with the annual Town and County tax bill; and WHEREAS, the Town Board determined this action to be an Unlisted Action under SEQRA, thus requiring the preparation of an EAF and an environmental review thereof, and the Town Board held a public hearing thereupon on February 13, 2008 and considered the environmental impacts of the proposed district in light of the EAF, the Town's Comprehensive Plan, the Town's Land Use Ordinance, the comments from any Involved or Interested Agencies, if any, and comments from landowners and the public, if any, and after due deliberation thereupon and an identification of any potential environmental impacts, the Town Board duly made a Negative Declaration of environmental impact; and WHEREAS, the Town desires to proceed towards establishment of Drainage District #4 pursuant to the provisions of Town Law Article 12 -A; and finds that all e 63 proceedings to date have been in compliance therewith, and upon due deliberation, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed Drainage District #4 are benefited thereby; (iii) all benefited properties and property owners are included within the said District; and (iv) the establishment of Drainage District #4 is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of Town of Lansing Tax Parcel Number 32. -1- 37.428, encompassing all lots within the Lake Forest Subdivision as shown on the Map on file at the Town Clerk's Office, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office, to which reference is hereby made and which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the establishment of Town of Lansing Drainage District #4 be and hereby is approved; and it is further RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7. SEQRA: Unlisted Action. Mr. Dave Heck stated that the road names have changed and felt they should be changed in all of the resolutions. Attorney Schmitt agreed. Issued Neg. Dec. for Myers Heights: RESOLUTION 08 -74 RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR MYERS HEIGHTS REAR ROAD CWD BOUNDARY EXTENSION At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck seconded by Connie Wilcox and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of certain lots within the Town of Lansing along the Myers Heights Rear Road have petitioned the Town to consider extending the Consolidated Water District ( "CWD ") to such parcels as such parcels qualify for back -lot treatment and are adjacent to and /or surrounded by the existing boundaries of the CWD; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney show that this property and nearby properties should be consolidated into the CWD by extending the CWD into such properties and thus amending the boundary of the CWD, and the Town Engineer thus prepared and filed a map, plan and report ( "MPR ") for such CWD Extension, which MPR has been approved and for which a Public Interest Order was issued; and 9 I WHEREAS, the Town Board needs to conduct a SEQRA review to examine the environmental impacts of such proposed District Extension, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan; and WHERAS, the Town Board classified the action as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak), proposed to be the Lead Agency for environmental review, identified all Involved or Interested Agencies and duly caused a Notice of Intent to be delivered to each of the same; and WHEREAS, the responses of each Involved or Interested Agency were duly considered; and WHEREAS, a Public Hearing was duly noticed and held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 13th day of February, 2008, at 6:15 o'clock P.M., whereat the SEQRA review of the environmental impacts of the proposed CWD Boundary Extension were duly considered, and all persons interested in the subject thereof were duly heard; and WHEREAS, the environmental impacts identified were the construction of the facilities and the disturbance of soils to install water vaults and lines, and the temporary nature of such disturbances, the re- seeding of grasses where required, and the installations being the subject of permitting processes all mitigate such impacts and make them non - significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact; accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a 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 Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as is 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 neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required; and it is further RESOLVED, that the 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 Short EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 5. The Town Clerk of the Town of Lansing. 6. The Town Supervisor of the Town of Lansing. We 7. All Involved and Interested Agencies. 8. Any person requesting a copy; JON and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. SEQRA: Unlisted Action. Open Public Hearing to Consider Local Law Number 2 of 2008 (Amending Local Law Number 3 of 2005 Subdivisions): RESOLUTION 08 - 75 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for the proposed Local Law Number 2 for the Year 2008 is hereby opened at 6: 33 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Mr. Pinney stated that the Town Board, ZBA Board and the Planning Board are looking over the present subdivision rules and regulations for changes but at this time all of the recommendations are not in therefore he would like to continue the Public Hearing until next month. Mr. Pinney stated that some of the recommendations from the Planning Board are stream lining the five (5) step process to a three (3) step process for major subdivisions by eliminating the step for preliminary plat and the filing of the preliminary plat. It would be down to three steps being, 1) sketch plan, 2) preliminary plat and 3) final plat. They also are recommending they review subdivisions for single lots. Mr. Pinney's opinion on the single lots is right now you need Planning Board approval for 300 feet — 3 acre lots without Planning Board approval. He would like to see it go in the other direction and actually single lots be 150 feet road frontage with one acre without Planning Board approval and make it up to four (4) lots. Mr. Sheldon asked if this would be time dependent. He also stated that the ZBA is currently looking at a business that is trying to get a use variance but there is not a specific allowance for the business which is landscaping in the Town. We have approximately 17 landscaping businesses in the Town. Mrs. Schmitt stated that the Town Board is looking at it in the context of revising the Zoning Ordinance. At this time the Town Board is looking at both the Zoning Ordinance and the Subdivision Local Law. Continuation of Public Hearing: RESOLUTION 08- 76 RESOLUTION DECLARING CONTINUATION OF PUBLIC HEARING IN CONSIDERATION OF PROPOSED LOCAL LAW #2 OF 2008 (AMENDING LOCAL LAW #3 OF 2005 — SUBDIVISIONS) At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie 11 Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to actual experience and input from the Planning Board and applicants regarding the Town's Subdivision Local Law (Local Law #3 of 2005), the Town Board desires to amend the same; and WHEREAS, such amendments consist of (1) clarifying what subdivisions are exempt from the formal subdivision process, (2) the exemption certain one -lot subdivisions; (3) adding procedures for minor subdivisions and one -lot subdivisions that require review, (4) authorizing the Planning Department to issue certain approvals for one -lot qualifying subdivisions; (5) adding definitions for several terms, including "major subdivision ", "minor subdivision", and "exempt subdivision"; (6) clarifying certain timetables and requirements as to who approves and /or processes applications; and (7) as necessary, re- numbering the several sections thereof to achieve uniformity; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 13th day of February, 2008, at 6:25 o'clock P.M., to consider the aforesaid Local Law and to hear all persons interested in the subject thereof; and WHEREAS, due to the need for continued review by the Town Board, the Planning Board and the ZBA, the Town Board desired to continue this Public Hearing, and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that any amendments to the subject Local Law be filed with the Town Clerk and provided to all Town Board Members at least 10 days before the Public Hearing scheduled below; and it is further RESOLVED, that the Planning Department, as soon as is practicable, deliver a notice and a copy of such proposed Local Law to the County Planning Board pursuant to General Municipal Law §§ 239 -I, 239 -m and /or 239 -n, as applicable; and it is further RESOLVED, that a further Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the19th day of March, 2008, at 6:05 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a 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 law. SEQRA: Type I Action. dule Public Hearing for SEQR for proposed Local Law No 2: RESOLUTION 08- 77 RESOLUTION SCHEDULING PUBLIC HEARING FOR 12 ,6 7 ENVIRONMENTAL REVIEW OF PROPOSED LOCAL LAW #2 OF 2008 At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by A. Scott Pinney; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to actual experience and input from the Planning Board and applicants regarding the Town's Subdivision Local Law (Local Law #3 of 2005), the Town Board desires to amend the same; and WHEREAS, such amendments consist of (1) clarifying what subdivisions are exempt from the formal subdivision process, (2) the exemption certain one -lot subdivisions; (3) adding procedures for minor subdivisions and one -lot subdivisions that require review, (4) authorizing the Planning Department to issue certain approvals for one -lot qualifying subdivisions; (5) adding definitions for several terms, including "major subdivision", "minor subdivision ", and "exempt subdivision"; (6) clarifying certain timetables and requirements as to who approves and /or processes applications; and (7) as necessary, re- numbering the several sections thereof to achieve uniformity; and WHEREAS, the Town Board hereby classifies the proposed action of adopting the amendments and updates to the Town's Subdivision Regulations as a Type I SEQRA action pursuant to 6 NYCRR § 617.4(b)(1); and WHEREAS, the Town Board desires to conduct a SEQRA review to examine the environmental impacts of such proposed Local Law, and to review the same in light of the Town's Land Use Ordinance and Comprehensive Plan, and accordingly, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that 1. This action is classified as a Type I Action pursuant to 6 NYCRR Part 617.4; 2, The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Tompkins County Health Department, the Tompkins County Planning Department, the New York State Department of Environmental Conservation, the Town of Lansing Planning Board, and the Town of Lansing Zoning Board of Appeals; 4, The Interested Agencies are determined to be the Village of Lansing, the Towns of Ithaca, Dryden, Groton, and Genoa, and the Counties of Tompkins and Cayuga; and it is further 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 19th day of March, 2008, at 6:10 p.m. o'clock P.M., to consider a SEQRA review of the environmental impacts of proposed Local Law #2 of 2008, 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 13 • i • 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 law; and it is further RESOLVED, that the Town Clerk immediately issue and deliver a Notice of Intent relative to Lead Agency status to all Involved and Interested Agencies. SEQRA: Type I Action, Approve Myers Heights Rear Road Boundary Extension: RESOLUTION 08 -78 RESOLUTION APPROVING CWD BOUNDARY EXTENSION FOR MYERS HEIGHTS REAR ROAD At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of A. Scott Pinney, and was duly seconded by Francis Shattuck; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of certain lots within the Town of Lansing along the Myers Heights Rear Road petitioned the Town to consider extending the Consolidated Water District ( "CWD ") to such parcels as such parcels qualify for back -lot treatment and are adjacent to and /or surrounded by the existing boundaries of the CWD; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney showed that this property and nearby properties should be consolidated into the CWD by extending the CWD into such properties and thus amending the boundary of the CWD, and the Town Engineer duly prepared a map, plan and report ( "MPR ") for such CWD extension and boundary line change, and no request for a referendum was submitted or received in connection with the preparation of the MPR, and a copy of the MPR was ordered to be filed at the Town Clerk's Office in accord with law, and has been so filed; and WHEREAS, the Town desires to proceed towards establishment of the CWD extension by boundary change pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the extension of the CWD to the Myers Heights Rear Road properties is deemed to be in the public interest, and in the interest of the affected property owners proposed to be included in such district, and the Town Board had previously declared and described the boundaries of the proposed district include all properties defined, drawn and described in the MPR; and WHEREAS, the Town Board duly issued an Order under Town Law §209 -d and determined that (i) the final Map, Plan and Report comply with the requirements of the Town Law, and (ii) is in the public interest and to the benefit of all parcels in the proposed district extension to extend water service, and (iii) all benefited parcels are included, and no benefited parcels were excluded, from such CWD extension; and T WSJ WHEREAS, a Public Hearing was duly held at 6:20 p.m. upon February 13, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons thereat were duly heard; and WHEREAS, it was determined that: (1) the boundaries of the proposed district extension are inclusive of the following list of reputed owners and tax parcel number(s), and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: Geri Gay and Deborah Trumbull (R.O.) (TP Nos. 32. -1- 37.421 and 32. -1- 37.3), Jennifer Wheaton (R.O.) (TP No. 32. -1- 37.6), Paul Pitkin (R.O.) (TP No. 32. -1- 37.5), and Daniel Boles and Julie Boles (R.O.) (TP No. 32. -1- 37.423), which parcels are more particularly shown and described upon the map filed at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) the construction and improvements consist of a single user lines that are or will be installed by the owners of the affected property at such owners' sole expense; (3) the estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (4) the one time hook -up and connection fees are estimated at $682.00, being comprised of Bolton Point connection fees of $250.00, the cost of a 3/" meter at $62.00, an inspection fee of $170.00, and 150 -200 feet of 1" service lines costing $200.00 (additional footage is about $1.00 per foot); (5) no financing is applicable to this project, all of which costs have been paid, or which will be paid, solely by the owners; (6) the Map, Plan and Report are (and have been) on file for public review and inspection at the Office of the Town Clerk; (7) the Map, Plan and Report describes in detail how the financing, hook -up costs, and other costs and expenses, were estimated and computed, including the first year's estimated costs of (i) an O &M fee of $150.00, payable through tax assessment upon the benefited parcels, and (ii) an average minimum water use fee of $110.80 per year; and WHEREAS, the Town Board determined this action to be a Type I Action under SEQRA, thus requiring the preparation of an EAF and an environmental review thereof, and the Town Board held a public hearing thereupon on February 13, 2008 and considered the environmental impacts of the proposed district in light of the EAF, the Town's Comprehensive Plan, the Town's Land Use Ordinance, the comments from any Involved or Interested Agencies, if any, and comments from landowners and the public, if any, and after due deliberation thereupon and an identification of any potential environmental impacts, the Town Board duly made a Negative Declaration of environmental impact; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed CWD Extension and Boundary Change area are benefited thereby; (iii) all benefited properties and property owners are included within the said District Extension; and (iv) the establishment of the District Extension is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of Town of Lansing Tax Parcel Numbers 32. -1- 37.421, 32. -1- 37.31 32. -1 -37.61 32. -1 -37.5, and 32. -1- 37.423, encompassing all lots as shown upon the MPR on file at the Town Clerk's Office, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office, to which reference is hereby made and which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the establishment of the CWD Extension and boundary line change be and hereby is approved; and it is further 15 W RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7. SEQRA: Unlisted Action. Hearin a: - CWD Ext 2 & Issue Amended PIO an RESOLUTION 08 -79 blic RESOLUTION REPEALING FINAL ORDER FOR CWD EXTENSION #2 ISSUING AMENDED PUBLIC INTEREST ORDER AND NOTICE OF PUBLIC HEARING FOR CWD EXTENSION #2 (COTTONWOODS SUBDIVISION) At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 13th day of February, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson having recused himself and having neither participated in discussion not having voted hereupon; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by A. Scott Pinney; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, and Martin Christopher — aye; and Matthew Besemer having been recused; and the II Resolution therefore passed 4 -0, and was duly adopted: fo owing WHEREAS, the Developer of the Drake Road Subdivision, and other affected and nearby residents, having petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed CWD Extension covering a portion of Drake Road in the Town of Lansing ( "CWD Extension 2 "), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town Board met with the affected residents to share information received from the Town Engineer regarding a preliminary feasibility study, and the Town having held public information sessions about the proposed district, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project; and WHEREAS, the Town authorized the Town Engineer to prepare a Map, Plan and Report ( "MPR ") for the proposed district by Resolution Number 07-42 of February 22, 2007, and the Town Engineer having expressed no special concern other than determining the EDU costs thereof, and said Engineer having completed the MPR and having filed the same with the Town Clerk, which MPR contains a description of the boundaries and conditions CWD Extension 2; and WHEREAS, the expansion of the CWD into the affected areas is declared and deemed to be in the public interest, and all benefited properties are within the proposed District, and no benefited properties have been excluded from the District; and WHEREAS, the Town desires to proceed towards establishment of CWD Extension 1 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, a prior Public Interest Order course�ta Final OrldeHEstablishingdthe issued, a hearing duly held, District was duly had and filed; and 16 1_ „ 71 WHEREAS, after the initial Public Interest Order and Notice of Public Hearing had been issued and the hearing held, the Town Board, due to potential pricing increases in construction revisited the cost for building the district and the financing thereof, and as a result, an amended cost estimate was prepared that reduced the cost per EDU of the District; and WHEREAS, after the issuance of a Final Order, the cost reductions were placed in an amended MPR, thus necessitating the need for a new Public Interest Order and a new Public Hearing thereupon; and WHEREAS, and upon due deliberation upon the foregoing and the public interests to be served and the properties to be benefited thereby, the Town Board of the Town of Lansing has hereby RESOLVED, that this Public Interest Order and Notice of Public Hearing hereby supersede the prior Public Interest Order and Notice of Public Hearing issued in relation to CWD Extension #2 (dated March 21, 2007, Resolution 07 -62); and it is further RESOLVED, that the Final Order establishing CWD Extension #2 (dated January 16, 2008, Resolution 08 -41) be and is hereby repealed; and it is further RESOLVED AND DETERMINED, the said revised MPR has been reviewed and deemed final; and said MPR complies with the requirements of Section 209 et seq. of the Town Law, and it is further RESOLVED, that the Town desires to proceed towards establishment of CWD Extension #2 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings hereunder to date have been in compliance therewith; and it is further RESOLVED, that a Public Hearing be and hereby is set for 6:00 p.m. on February 27, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat 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 Board hereby adopts an Order pursuant to Town Law §209 -d as follows: (1) The boundaries of the proposed district are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefore, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 31. -6 -3; 31. -6 -4; 31. -6 -5; 35.- 3 -13.2; 35. -3- 13.12; 37.1- 1 -1.1; 37.1- 1 -1.4; and 37.1- 1 -1.5; all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) The proposed improvements consist of the following estimated quantities of materials: 1,210 linear feet of 8" ductile iron pipe; 1 Connection to an existing 8" main; 3 fire hydrant assemblies; 2 8" gate valves; 5 % service connections; 130 linear feet of % copper service tubing; 120 linear feet of % copper tubing to be bored /jacked under highway; 60 linear feet of 1.5 copper service tubing; 1.5" service tubing to be bored /jacked under public highway; and restoration of lawns and asphalt pavement (3.5" depth, est. quantity 10 tons); all designed to extend municipal water to all and each parcel referenced above from existing water mains adjacent to the proposed district; (3) The estimated cost of the proposed improvements is $169,800, which is the maximum amount proposed to be expended; (4) The estimated cost of hook -up fees is $3,482.00 (Bolton Point connection fee of $250.00 + 3/" meter at $62.00 + Inspection fee of 17 72 $170.00 + 1 '/2" service line extension from curb box to dwelling at approximately $30 per linear foot with an average estimated distance of 100 feet~ $3,000.00); (5) The proposed method of financing the improvements is through the issuance of a 20 -year serial bond(s) at an estimated interest rate of 5.5 %, with an estimated annual EDU capital cost- of $468.00, with annual operation and maintenance costs to be reflected in quarterly water consumption bills, the annual average costs thereof based upon typical one and two family home users in this proposed district to be $137.00, for a total first year's cost of $605.00; (6) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (7) A public hearing upon such proposed district will be held at 6:00 p.m. on February 27, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and (8) The Map, Plan and Report describes in detail how the financing, hook- up costs, and other costs and expenses, were estimated and computed; 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 Town's official newspaper not less than 10 nor more than 20 days before such public hearing, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing; and it is further RESOLVED, that the Town Clerk file a certified copy of this Resolution and Order with the NYS Comptroller at or about the time of the publication thereof. SEQRA: Unlisted Action Privilege of the Floor: Hurf Sheldon: Rural Internet Access: Mr. Sheldon informed the Board that Genoa has received a grant and will be expanding their rural internet access. He will go to the Building Department to look into the co- location agreement/easement that was signed regarding the cell tower on Conlon Road. He will keep the Board posted on his findings. New ZBA Meeting Cancellation Policy: Mr. Sheldon suggested that the ZBA Board adopt a policy where if the school closes and /or cancels activities, the ZBA meeting would also be cancelled. The Board did not feel this would work for them but if the ZBA would like to adopt this policy, it would be acceptable. Engineer's Report: Dave Herrick went over the following agenda: ENGINEER'S AGENDA 1. Water System Planning and Maintenance We a. Town CWD, Extension #2 — Drake Road Still waiting for approval of the Water Supply Permit by Albany NYSDEC. a Bid documents can be issued once a final opinion is received from the NYS Comptroller. b. Town CWD, Ext #1 — Algerine and Lansing Station Road a Adhan Piping has completed all 11,300 feet of main. Pressure testing and disinfection is not yet complete. 0 Payment request #2 in the amount of $265,229.83 is acceptable to Engineer. 0 Municipal Solutions has notified the Town that the short term financing is now available and reimbursements for design and construction invoices can begin. ® NYSEFC requirements pertaining to the minority business utilization goals and reporting are still a concern and are being addressed. a Progress Schedule: => Begin excavation for PRV structure in early March. =:> Begin service later installations in April. c. Town CWD Boundary Expansion — Teeter Road (Cardamons) Final approval of the proposed 4 -lot subdivision should be coordinated with the Planning Board prior to setting public hearings for SEAR and district formation. d. Town CWD Boundary Expansion — #97 Peruville Road (Chernyakov) Discuss request from prospective land owner. 2. Code Enforcement Office and Planning Department a. Cayuga Farms Townhomes, Condominium Development ® Preliminary plans have been delivered to Town. According to Mr. Buhl, project engineer the development anticipates a municipal sanitary sewer extension to connect in some manner to the Village of Lansing /Cayuga Hts systems. Obtain authorization to review plans for Town. 3, Sanitary Sewer System Planning and Maintenance a. Warren Road Business Park ® Review the recent analysis for variations in the service area. Planning Department Report: Darby Kiley went over the following with the Board: Planning Department Report February 13, 2008 Building Permits: up 1 for January (8 permits in 2008) and up $800 in fees collected; 13 Certificates of Occupancy for December — 6 more than in 2007. Stormwater — There is a cancellation for the training session for municipalities on the Construction and MS4 Permit Updates — which was supposed to be held on February 20. The updated permit is not ready for review. This and other training sessions will be planned for the spring. The Planning Department again contacted the Deputy County Clerk in regards to subdivision filing without a signature from the Town of Lansing. Dick Platt faxed a letter from 2003 with a cover letter that reiterated the need for a signature. A workshop on the Municipal Agricultural and Farmland Planning Grants Program will be held in Auburn on Wednesday March 5 from 1 -4 PM. The Town will be working with the County to review addresses for the 2010 Census. A meeting is set for early March to review the information. 19 73 Today Darby provided a letter of resignation to the Town Board and will be starting a new job in March. Highway Superintendent's Report: Mr. French went over the following with the Board: Windows: The windows for the records management building were ordered by Baker Miller but were ordered wrong, therefore they had to be reordered and will be put in when they are delivered. Salt Point: The Highway Department has been cleaning up and cutting the brush at Salt Point. Gas. Drilling at the old gravel bank is continuing and they are down about 6,000 feet and should start to go sideways soon. Buying Materials Locally: Mr. Pinney stated that, as a taxpayer, he would like to see Mr. French buy materials locally if it were feasible. He asked for a cost analysis for hauling stone from Seneca Stone vs, buying it locally. Mr. French stated that he is saving approximately $ 1.50 per ton. Mr. French stated that when the budget is prepared, the labor costs are already budgeted in. It seems there are different ways to come up with a total cost which Mr. Pinney is trying to learn at this point. Consolidating Towns: Mr. French stated that there is legislating in progress that wants to consolidate and have the Counties take over all of the Town roads. Tioga County is looking into it at this point. The State of New York is pushing for this. He asked the Board to bring this issue up in New York City at the conference. Mr. French does not want to see this happen. Parks and Recreation Report: Mr. Colt went over the following with all present: Parks & Recreation Department 2,/13/08 Town Board Meeting RECREATION • Wellness Seminar - The seminar that was held on. January 22nd by Lance Lauchle from. Molino Physical Therapy went very well and was attended. by 23 participants. • Ski Program lipdate - We actually postponed what would have been our last trip on this past Monday due to extremely cold temperatures. We WE have schedule the make up trip for Monday February 251". This will still conclude our program two weeks earlier than last year. • Rock Climbing Camp - Scheduled to start on Monday and take place over the President's vacation week has 20 registered climbers. ® Spanish Camp - This is similar to the youth Spanish classes that we offer in the summer and is the first time we have offered it over the winter. vacation. The program will take place from February 1.8th - 21St and :is for students in grades K -4th and. takes place in the Community Center.. We have 18 registered now. • Spring Football Camp - This will be the third season we have offered this camp and it has been well attended and has generated a lot of excitement for our fall YFL teams. The camp will take place at "The Field" on March 2, 9,16, 30 from noon -2 PM. ® LBP Baseball &LSP Softball - On Monday March 3rd our baseball and softball .forms will be available and distributed in the schools. All forms will be due back in our office no later than March 21st. Games are set to start on May 3rd and end on June 14th. • Pail Butler memorial donations - Paul's family has designated that the Recreation Department receive donations in Paul's name. I will meet with the family at a later date to discuss what specifically they would like to do. Paul enjoyed coaching youth baseball. PARKS • Marina Lottery - The lottery was conducted last Wednesday February 6th !8 to 20 people attended the meeting to watch the draw. 83 applications were drawn and we hope to finalize placements within a week. We have 74 slips. • Camping numbers - We have currently reached 41 % of our anticipated revenue for the year. Last year at this time we were at 20.6 %. We are off to a great start. • Pavilion numbers - Fees collected for pavilions are around 13% which is where we were last year at this time. Most are not thinking about summer pavilions in Feb. • Salt Point. - $24K still remains on the grant that was received for Salt Point. Our goal is to take the next step in cleaning up the area and making it safer for the public. • Communih/ Celebrations Grant - I will be completing the grant this week and am asking for the maximum. of $2,000 to be used for our Summer Concert Series, if we are successful. Approve Audit: RESOLUTION 08 - 80 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: 21 75 76 RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills which include two (2) abstracts: CONSOLIDATED ABSTRACT # 014 DATED 12/31/07 AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY SALT POINT PROJECT — NYS GRANT February Audit: 1392-1428 1392 72 CONSOLIDATED ABSTRACT # 002 DATED AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND APPROPRIATIONS GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY CWD EXTENSION #1 2/13/08 TOTAL APPROPRIATIONS $ 18, 792.63 $ 33, 577.08 $ 172.04 $ 4,977.14 Meff $ 285.10 40-138 40-44 4 -5 4 -8 TOTAL 0.00 $ 70,043.91 $ 68,775.81 $ 1,405.92 $ 185,292.32 $ 0.00 $ 37,650.06 $ 265,229.83 Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board ... (Aye) Matt Besemer, Councilperson ... (Aye) Marty Christopher, Councilperson ... (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor 77 Approve Minutes of January 16, 2008: A copy of the minutes of January 16th, 2008 having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 08 — 81 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the minutes of January 16, 2008 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board. (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS. Bud Shattuck: Council of Governments: One thing that has been on going is that all the Supervisor's from all the Municipalities, including the County and the City have been working on a health benefits labor management cooperative agreement that would reduce the cost of health care for everyone. They questioned what to do with Municipalities that have unions or representatives. A meeting will be held tomorrow at City Hall with the group out of Syracuse that is putting this together. They would like representatives for the unions. The Highway Department Union reps. will be asked to attend the meeting. Matt Besemer: G021: Mr. Besemer and Mr. Christopher met with the G021 representative which is a grass works network that is trying to promote the use of railroads to reduce traffic. Mr. Besemer did not feel a whole lot could be done to reduce it based on the different rails involved and distances they travel from this area. About five years ago, the railroads did approximately 600,000 ton a year and last year they only did approximately 250,000 ton. It costs about three times more to rail material to the Rome -Utica area than it does to truck it. Mr. Shattuck stated that Governor Pataki passed a bill two years ago that reduced the taxes for the railroad provided they work on economic development in the community they service. This should be looked into. Planning Board: Mr. Besemer informed the Board that an issue came up at the last Planning Board meeting about the legality of a subdivision that was not approved by the Planning Board. It was approved at the County level. Lorraine Moynihan 23 • Schmitt stated that it has to be signed off by the Planning Board Chairperson before it can be filed with the County. Mrs. Schmitt felt it was an oversight by the County Clerk's Office. Darby Kiley informed the developer of this and stated that he came in and ended up rescinding his application. Scott Pinney: Mr. Peters— Salmon Creek Road: Mr. Pinney stated that Mr. Peters questioned an easement that borders his property. He also questioned the cars that are parked along the roadway. Mr. Pinney stated that the only regulations we have on cars parked along a roadway is that if the tires are on the road way which would create a safety issue, they could be towed. There is nothing we can do if the tires are off the road. He also stated that the Town has no regulations on nature reserves which Mr. Peters is also questioning. Master Plan Across the Road. The Board looked at a master plan for several ball fields across the road was turned down but Mr. Pinney would like to look into placing a single football field there as this was approved. The only cost to the Town would be for the master plan drawing ($ 1,000.00), and Town equipment and Highway personnel would be used if available. All the rest of the funding would come from fund raisers. Marty Christopher: Cold War Vet Article in the Ithaca Journal: He stated that the way it was written, was not totally the way it is. Mr. Shattuck stated that it was an exemption offered to Cold War Veterans. The paper showed that if everyone in our municipality who was an enlisted veteran during that time applied for it, it would shift $268,000.00 worth of taxes from those individuals and the money would be disbursed over to approximately 10,000 families for a cost of $ 268.00 each. Mr. Shattuck stated that the Board looked at it and decided that not everyone is going to apply and a number of these veterans already have other exemptions which would not allow them to apply for it. The Board will look at it again at the end of the year. Lorraine Moynihan Schmitt: Gun Club Issue: The Gun Club is in both the Town and the Village. The club house and part of the range is in the Village. The pistol range is in the Town . Lynn Day has spoken with Ben Curtis, the Code Enforcement Officer from the Village of Lansing who has been very helpful. The Trustee and Officer of the gun club has been very cooperative in speaking with Mr. Curtis. Mrs. Schmitt recommended that the Town Supervisor, Code Enforcement Officer and any Board Member that cares to attend, do a safety inspection at the gun club. Dr. Shrivastava of 57 Murfield Drive is in agreement with this suggestion. He also stated that the residents do not want to shut down the gun club but want to make it safe. Mrs. Schmitt stated that the Town and Village need to work closely together to make sure that any legislation is done in conjunction with one another so there is no conflict. Mr. Shattuck suggested that maybe the municipalities could help them obtain a similar property that would be in a non residential area which they may be able to swap. 1ZAI RESOLUTION 08- 82 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the meeting be adjourned at the call of the Supervisor at 7:50 p.m. Minutes taken and executed by the Town Clerk. n 25 W