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HomeMy WebLinkAbout2008-03-19REGULAR TOWN BOARD MEETING Date: March 19, 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. Resolution Authorizing Contract for Bensvue Farms Farmland Protection Survey 5, Resolution Authorizing Execution of Farmland Protection Contract for A &M Grant 6. 6:05 p.m. - Public Hearing - Continuation of Public Hearing on Amendment of Local Law #3 of 2005 7. 6:10 p.m. - Public Hearing - SEQR Review of Environmental Impacts of Local Law #2 of 2008 8. 6:15 p.m. - Public Hearing - Ordinance #1 for 2008 (Land Use Ordinance) 9. 6:20 p.m. - Public Hearing - Environmental Review for proposed Ordinance #1 of 2008 10. 6:25 p.m. - Public Hearing - Warren Road Sewer District 11: Privilege of the Floor: Anyone wishing to address the Board please approach the podium and state your name and address. 12. Engineer's Report 13. Planning Department Report 14, Highway Superintendent's Report 15. Parks and Recreation Report 16, Highway Bond Anticipation Note 01 -08 17, Drainage District #4 Final Order (Lake Forest Subdivision) 18, Final Order Establishing Consolidated Water District Ext. #2 (Cottonwoods Sub.) 19, Final Order Approving Formation of CWD Boundary Extension for Myers Hgts Rd Rear 20, Teeter Road Water District Extension 21. Amend Employee Handbook 22, Approve Audit 23, Approve Minutes of February 27th & 29th, 2008 24, Board Member Reports 25. Town Counsel Report 26. Executive Session if Needed 27, Adjourn Meeting 97 • 0. Fivi March 19, 2008 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Pinney presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. A. Scott Pinney Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Debbie Crandall Guy Krogh Lorraine Moynihan Schmitt ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present Town Attorney Present Visitors: Jack French, Charlie Purcell, Dave Herrick, Dick Platt (6:30 p.m.), Steve Colt, Charlie and Sheila Nedrow, Dan Veaner, Larry Zuidema, Marilyn and Roger Hagin, Greg Jordan, Matt Cooper, Floyd Davis, Greg Lawrence, Dave Heck, Greg Bush, Mike and Kathy Heisler, Claes Nyberg, Dave Buck, Hurf Sheldon, Heather Filiberto, Ron Seacord, Wayne Matteson, Dan Baldini, Bruce Kilmartin, Marcy Rosenkrantz, Dan Knonowalow, T.J. French, and several other residents. The Supervisor led all present in the Pledge of Allegiance. RESOLUTION 08 -96: RESOLUTION AUTHORIZING T.G. MILLER CONTRACT FOR BENSVUE FARMS FARMLAND PROTECTION SURVEY At a Regular 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 19`h day of March, 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 Matthew Besemer; 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, in furtherance of the Farmland Protection Program and grant, the Town has need to commission the preparation of specialized surveys that depict the Bensvue Farm and the proposed environmental, development, and/or farmland easements(s) and/or restrictions thereupon; and WHEREAS, the Town sought proposals from several surveying firms and found that T.G. Miller had the lowest price; and WHEREAS, T.G. Miller has presented a contract for services, which contract is exempt from General Municipal Law § 103 requirements as it requires the provision of specialized and professional services; and WHEREAS, upon due deliberation thereupon, the Town Board has hereby RESOLVED, that the Supervisor and /or Deputy Supervisor be and each is hereby authorized to execute the said T.G. Miller contract for surveying services by, for, on behalf or, and in the name of the Town of Lansing. SEQRA: Type II Action. 100 RESOLUTION 08 -97: RESOLUTION AUTHORIZING EXECUTION OF FARMLAND PROTECTION CONTRACT FOR A &M GRANT At a Regular 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 19`h day of March, 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, the Town of Lansing has pursued farmland protection and programs and grants throughout the years, and became aware of a grant program to examine planning and zoning to augment and improve farmland protection programs; and WHEREAS, the Farmland Protection Planning Program required that the Town pass a resolution authorizing the application, which resolution accompanied the application as dated October 17, 2007 (Resolution 07 -209); and WHEREAS, the Town was awarded $25,000.00 pursuant to such grant program, and to obtain the use of such funds, the Town is required to sign a grant contract; and WHEREAS, upon due deliberation and discussion thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor and/or Deputy Supervisor be and each is hereby authorized to execute the said Farmland Protection Planning Program grant contract by, for, on behalf or, and in the name of the Town of Lansing. SEQRA: Type II Action, Highway Bond Anticipation Note 01 -08: Mr. Pinney asked Highway Superintendent Jack French to explain the Bond. Mr. French explained that when they came to the Board for their budget they asked for two single axle trucks. The Board asked him to go back and crunch the numbers as far as what the Town needed in 2009 and 2010 and to call the reps to see what the replacement cost would be on the vehicles. They were told by the reps that it would be between 8 and 10 percent higher each year. The Board decided that it would be better to bond now at a low interest rate and buy all four vehicles at the same time. Mr. Pinney stated he was learning this because he only started in January but it is a strange way to do things, to buy in anticipation of the inflation rate. Tonight we are here to authorize this bond. Legally I don't think we can order these vehicles until this bond has been approved by the Town Board, is that correct? Mr. Krogh stated that you have to have funding in order to have a contractual obligation to purchase. Mr. Pinney asked if the trucks have been ordered. Mr. French stated they have been ordered and are on site at the dealership. Mr. Pinney stated that there must have been a resolution by the Town Board to approve this. Mr. Shattuck stated that the Town Board approved the Budget and what happens when you put a budget together and you look at your amortized costs of things using taxpayer dollars and what are ways you can save money long term. Another staff was added to the Highway Department along with a small truck. It was a toss up whether we bought any at all, but when you look at the costs, what is the best way and the most fiduciary way to do it, we looked at the numbers for each of those years and this really spelled itself out as the best way to put the vehicles in the Highway Department. AA 10.1 Everyone gets to look at the budget, it is a public process and on in the Highway Department does a great job of looking at all their equipment and saying when something needs replacement. There is a whole schedule of everything they have on it and the Board looks at those schedules and past history of their schedules. We even look at types and makes of vehicles to see if there is one that lasts longer and has less replacement costs for parts, etc. Those are the ways the Board made the decision. Mr. Pinney wanted to know what the residual value is on the old vehicles. Mr. French stated that they will hopefully go into the auction this spring in Palmyra. Mr. Pinney asked if both of the trucks would be sold this year. Mr. French stated they would both be sold this year. Mr. Pinney asked for an approximate value that they would bring at the auction. Mr. French stated his own opinion is between 30 to 40 thousand dollars a piece. Mr. Pinney asked if one was sold last year. Mr. French stated that one was sold a couple of years ago and they got $27,000.00 and that it was a little older vehicle. Mr. Pinney asked what the new vehicles were going to cost. Mr. French stated $170,000 with plow equipment and everything. It shows how vehicles have gone up because they were bought for $145,000 a couple of years ago. Mr. Pinney stated that legally the Board would have to pass a resolution to go ahead and order these trucks. Mr. Pinney asked Mr. Krogh if that was correct. Mr. Krogh stated that unless it was in the budget as a direct expenditure of revenues. Mr. Pinney stated that was not the case. This note will affect future generations. This will affect the people and should have been voted on and could actually go to public referendum, correct? Mr. Krogh stated that was correct. Mr. Pinney stated this could actually be voted down by the taxpayers and not be able purchase these trucks even though there is a signed contract to purchase them. Mr. Christopher stated that what the Board looked into was the increase that was going to take place each year for the next few years. Based upon what has already taken place it is going to be substantial. Hopefully with the new vehicles we are going to be getting in there is not going to be any replacement. Mr. French stated that there won't be any replacement on larger vehicles for five years. Mr. Besemer stated that was one of the stipulations with getting so many trucks at one time that this is going to cover you for x number of years or we are not going to do this. Mr. Christopher stated that if you look at what the costs are going to be in 4 or 5 years based upon the percentage increase that they have had in the past few years the Board came to the conclusion that this was the way to go this time. Not saying that 5 years or 10 years from now we would have done the same thing, whoever is here. When the decision was made this time we looked at all the alternatives and the Board thought this was the best way to go. Mr. Shattuck stated that the budget stated that we were buying these vehicles. People got a chance to voice then, do we need to have replacement on the vehicles. Whether is was through a bond or whether it was through taxes it was put in front of the people that this is what they were going to do. The Highway Department is one of the gems of the whole Town and they do a great job and take great care of the equipment. Mr. Pinney stated he is certainly not trying to discredit the Highway Department by any means. Mr. Shattuck stated that one of the things Cricket and Jack are able to do is that when the Board asks how much is it going to cost they go to the dealers and the dealers will give us a 2007 cost for something they are going to deliver in 2008 based on the fact that they are told ahead of time. Mr. Pinney stated that the Highway Department didn't actually ask for this, this was a decision made by the Town Board to try to save money. Mrs. Wilcox stated that the Highway Department went through their budget and cut a lot of money. Mr. French stated that when it came to crunching numbers they found out that they were going to save between 35 and 40,000 dollars a year over the span of 3 years. K3 102 Mr. Besemer also pointed out that there were new emission standards that were taken into consideration. RESOLUTION 08-98 PUBLIC INTEREST ORDER RESOLUTION AUTHORIZING THE ISSUANCE OF $533,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY FOR THE COST OF HIGHWAY EQUIPMENT PURCHASED UPON STATE CONTRACTS (BAN 01 -08 (2008)) At a Regular 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 19th day of March, 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 Martin Christopher, and was duly seconded by Connie Wilcox; and the vote was as follows: A. Scott Pinney — no, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and Matthew Besemer — aye; and the following Resolution therefore passed 4 -1, and was duly adopted: WHEREAS, the Town Highway Department indicated a scheduled need for 2 new International tandem axle trucks, one International single axle truck, and one GMC 5500 light weight dump truck, all of which will be fitted with plowing packages and extended warranties (all herein, the "Vehicles "), said Vehicles being purchased upon the New York State Bid Contracts; and WHEREAS, there will be some anticipated ancillary costs associated with acquiring the Vehicles, and the Town Board is desirous of issuing Bond Anticipation Note No. 01 -08, in the amount of $533,000.00 to pay for the actual and estimated expenses related to the purchase of the Vehicles; and WHEREAS, the Town has contacted several lending institutions to find the lowest BAN rates, and has determined that the banking institution with the best service and lowest rates should issue the funds pursuant to the BAN process; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that 1. For the purpose of purchasing the Vehicles, $533,000.00 of the General Obligation Serial Bonds of the Town of Lansing, of Tompkins County, New York, shall be authorized and issued pursuant to the provisions of the New York State Local Finance Law. 2. $533,000.00 is estimated as the maximum cost of such Vehicles, inclusive of delivery and legal costs. 3. The plan or the financing of the purchase of such Vehicles consists of the issuance of $533,000.00 of the General Obligation Serial Bonds of the Town of Lansing, of Tompkins County, New York, which Bonds shall be authorized and issued pursuant to the provisions of the New York State Local Finance Law. 4. It is hereby determined that the probable period of usefulness of the Vehicles is 15 years pursuant to Local Finance Law Section 11.00(a)(28), and related provisions of law. It is further hereby determined that the maximum maturity of the Serial Bonds will exceed 5 years, but will and shall not exceed 15 years. 5. The full faith and credit of said Town of Lansing is hereby pledged for the payment of the principal of and interest on said Bonds as the same respectively become 2 103 due and payable. The amount necessary to pay the principal of and interest upon said Bond shall be appropriated annually in an amount necessary to pay the same. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing, in the manner provided by law for general taxation thereupon. 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell Bond Anticipation Notes in anticipation of the issuance and sale of Serial Bonds herein authorized, including the renewals of such Notes, be and hereby is delegated to the Town Supervisor as Chief Fiscal Officer of the Town. Such Notes shall be of and in such terms, form and content, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 7. The validity of such Bonds, and of any bond anticipation notes issued in anticipation of said bonds, may only be contested if such Bonds (i) are authorized for an object or purpose for which the Town is not authorized to expend money, or (ii) if the applicable provisions of law that should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within 20 days after the date of publication, or (iii) if obligations are authorized in violation of the provisions of the New York State or Federal Constitutions, 8. The Supervisor be and he hereby is authorized to execute and deliver such documents as are necessary to effectuate the purposes of this Resolution. All other matters, except as may otherwise be provided for herein relating to such Bonds, and including determining whether to issue such serial bonds having substantially level or declining debt service and all matters related thereto, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds, the date, denominations, maturities and interest payment dates, and place or places of payment, shall be determined by said Supervisor. It is hereby determined that it is to the financial advantage of the issuers not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law as the Town Supervisor shall determine. 9. The Bond Anticipation Note to be executed by the Supervisor shall be designated as Bond Anticipation Note 01 -08. 10, This Resolution shall constit Treasury Regulations Section 1.150 - money is, or is reasonably expected otherwise set aside with respect to described herein, ate a statement of official intent for purposes of 1. Other than as specified in this Resolution, no to be, reserved, allocated on a long -term basis, or the permanent funding of the object or purpose 11. The Town of Lansing be and is hereby authorized to pay, out of unreserved surplus, the costs (if any) of the Vehicles in excess of the bond proceeds authorized by this Resolution, provided, however, the maximum cost of said Vehicles does not exceed the maximum authorized in this Resolution. 12, The Town of Lansing Supervisor be and he hereby is authorized to execute and deliver a purchase order and proposed contract between the Town of Lansing and Stadium International Trucks for the Vehicles under State Bid. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code ") and to designate the bonds authorized by this resolution and any notes issued in 5 104 anticipating thereof, if applicable, as "qualified tax- exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, and instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of this Town Board. 13, Within 10 days after the adoption of this Resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this Resolution, and contain a copy of this Resolution (or an abstract of this Resolution concisely stating the purpose and effect hereof). Such notice shall specify that this Resolution was adopted subject to a permissive referendum. 14. This Resolution is hereby subject to _permissive referendum pursuant to Town Law Article 7, Local Finance Law § 35, and/or as otherwise provided by law. If no referendum is requested, or if requested, a referendum is held and the referendum approves the Resolution, this Resolution, or a summary hereof, shall be published by the Town Clerk of the Town of Lansing, together with a notice in substantially the form prescribed, and containing the information required by Section 81.00 of the Local Finance Law, such publication to be in the official newspaper of the Town of Lansing. 15. This action is classified as a Type II action under SEQRA pursuant to 6 NYCRR § 617, and as such, no environmental review is necessary. 16. The Town of Lansing hereby finds that the acquisition of the Vehicles is in the public interest. 17. This resolution shall take effect immediately thirty days after its adoption, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval, and at such time of effect or approval, the Town Clerk is hereby authorized and directed to cause a copy of this resolution to be published in full in The Ithaca Journal, the official newspapers of the Town, for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law (an "Estoppel Notice "). SEQRA: Type II Action. Continuation of Public Hearing on Amendment of Local Law 43 of 2005: RESOLUTION 08-99: RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the continuation of the Public Hearing on Amendment of Local Law # 3 of 2005 is hereby opened at 6:12 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 Guy Krogh gave a brief summary on the amendment. He stated that the Town has a subdivision procedure and it has been passed as a Local Law and is enforceable. This was done in 2005 and there were four or five public hearings at that time. What has happened since 2005 to 2008 is we have actual real time experience within the Planning Department and the Planning Board of what with in this law that was created was working well, what wasn't working well, what needs to be tweaked and what type of things can be streamlined to make the process easier for residents, etc. The matter was discussed on many levels of which the ZBA, Town Board, citizens, developers and 0 105 Planning Board gave input. When all of this was amassed he was charged with trying to plug this input into the law in a rational manner. The big changes from the existing law is that there is a simplification of the procedures for one lot subdivisions, along with the creation of the concept of an exempt subdivision. Where a minor subdivision that doesn't involve the dedication of public facilities like roads, water districts, etc., it allows an approval process within the Planning Department for one lot subdivisions. It allows a fast track approval for minor subdivisions based merely upon a sketch plan where as major subdivisions will still go through the traditional long process that is outlined in Town Law. There are definitions added to the law to clarify what is a major, minor and exempt subdivision. There are some timetables and requirements that were clarified along with some typographical errors that were cleaned up and various sections were renumbered. The thrust of the amendments were to streamline the process and to breakdown so that not everything required a full blown review. Basically the level of review is going to be based upon the level of complexity of the subdivision that is presented for consideration by the Town Board or the Planning Board. Mr. Pinney asked if there were any questions from the public. Larry Zuidema, 22 Bean Hill Lane submitted for record the following: While I am a member of the Town of Lansing Planning Board, I speak as an individual resident citizen. As pointed out last year, this is a delicate balancing act. To be clear, these comments are my own and do not necessarily represent those of the Planning Board as a whole or any member thereof. In fact, my appearance here and my comments have not been discussed with anyone, let alone any member of the Lansing Town, Planning or Zoning Boards. My intent is to be constructive. The purpose of this public hearing is to allow resident citizens of Lansing the opportunity to give their reactions to changes proposed by the Lansing Town Board in the Land Use Ordinance and in the Subdivision Rules and Regulations (Local Law #3) of the Town of Lansing. In my view, the proposed changes remove from the Planning Board a significant portion of its responsibilities and radically alter the relationships between the Planning Board and the Town Board, Planning Department and residents of the Town. The adoption of the proposed changes will curtail the activities of the Planning Board beyond those envisioned for an independent Planning Board under "NYS Town Law." In fact, the adoption of these proposed changes require the Town to invoke "home rule" and supercede" normal "NYS Town Law" which has basically governed operations in the Town of Lansing until now. In my view, no valid justification for this has as yet been documented. My comments are as follows. 16 Rationale - At the March 10 meeting of the Planning Board, Town Board members indicated that the Planning Board was the subject of many resident complaints and that this was the primary reason (rationale) why many changes were made to the Land Use Ordinance and Subdivision Regulations (the need to "streamline" the process was also mentioned, but in the same context). Hearing this, and later reading quotations in the Lansing Star, came as a surprise to me since I was not aware of any resident complaints attributed to the Planning Board per se. Some more seasoned Planning Board members expressed the same surprise after the meeting. Had the Planning Board previously been briefed about its specific deficiencies by the Town Board, the Planning Board could have taken action to improve its services and this would have obviated the need to "supercede" "NYS Town Law" to remedy this situation. An accusation, without specific evidence, that the Planning Board has under - performed to the extent that drastic action is now required does harm to my reputation as a Planning Board member and citizen. Now that it has become a public matter, members of the Planning Board.and the residents of Lansing have the right to know the specifics of this serious allegation. For this reason, I believe it behooves the Town Board to fully analyze the facts and provide me (us) with a detailed list of complaints to document how my (our) performance as a Planning 7 106 Board member(s) has been so deficient as to warrant valid resident complaints. If, in fact, a significant number of complaints can be attributed directly to the Planning Board, then each of us individually and the Planning Board collectively must accept responsibility and make the necessary changes to improve services. If, in fact, most of the complaints can be attributed to other causes (e.g., application deficiencies and delayed engineering reports), then there would be no good to make the radical changes proposed by the Town Board, 2. Process - While the Planning Board, in good faith and in response to a request by the Town Board, made suggestions about needed changes in the Land Use Ordinance, I was very surprised that the Town Board did not consult with the Planning Board before proposing to move a significant amount of its portfolio to "In- house" action and to exempt some sub - divisions. Furthermore, I was surprised that the Town Board did not explain these major changes and their implications to the Planning Board on March 10, but left it for me (and other Planning Board members) to discover them for myself (ourselves). Neither of these lapses are in the spirit of stronger cooperation between the two Boards, something which I personally desire. We serve the same community. 3. Implications - The most significant implication of the proposed changes is that many major development actions in the area of commercial and industrial /research will no longer come to the Planning Board unless triggered by executive action by the Planning Department through the use of a "checklist." This means that (1) most future decisions for the "in- house" areas will be made by law by the head of the Planning Department who reports administratively to the chief executive officer of the Town. For example, it seems that persons wishing to develop a small shopping center (retail with less than 10 employees) will likely no longer make a presentation to the Planning Board unless this is administratively determined by the Planning Department. Furthermore, (2) the Planning Board no longer will have a complete purview over the changes proposed within the Town and, therefore, will not be able to adequately fulfill its normal and traditional function as an independent body of trained "experts" who remain outside the political domain. 4. Remedies - The following are my recommendations. (1) Improve the functioning of the Planning Board by shifting minor and routine matters to the Planning Department and by suggesting tools and processes that will help it improve overall performance. In doing so, allow the Planning Board to continue to function according to normal "NYS Town Law ". (2) Return normal site -plan reviews to the Planning Board, but allow this Board to refer items back to the Planning Department when they are deemed to be routine. (3) Remove all proposed subdivision exemptions and eliminate discretionary waivers for sketch plan deposits. (4) Schedule joint meetings to present any changes to Town ordinances and to explain their implications to the public. Follow with an official public hearing after full consideration of community input. 5. Conclusions - The new Town Supervisor has publicly and privately expressed his desire for transparency in local government. This is a worthy aspiration that deserves our full support and should define our actions. "Good governance" is the least we should offer the residents of Lansing. Allowing the spirit and intent of "NYS Town Law" to prevail is an act of good governance. Mr. Pinney stated that the Town has always had some exempt subdivisions. The Local Law in 2005 was actually written when we didn't have exempt subdivisions and where we didn't quite understand that law and we allowed exempt subdivisions until January of 2008. The actual subdivisions are not a major change because they were allowed until a few months ago when this was recognized. The Zoning Ordinance is the major concern of the Town Board. This was not intended to take the authority away from the Planning Board only to streamline things so it would be easier for small businesses to come in and get their permit. This would free up the Planning Board and give them more time to look at the major projects of the Town. 0 The Town Board will have a joint meeting with the Planning Board and go over some of these in -house check list items. Lorraine Moynihan Schmitt recommended that the Public Hearing be left open due to the fact that the 239 review from the County is not in yet. The meeting could be closed but you can not open and close the SEQR so her thoughts were to leave both open. Guy Krogh stated that if this Public Hearing was adjourned to another date you have to re- notice it anyway. If the County comes back with comments that require changes there would have to be another Public Hearing. The Public Hearing would have to be re- noticed and re- published. Mr. Krogh's recommendation would be as long as there are no other comments then close the Public Hearing. If there is a need to reopen it to look at something new that comes from the County do it. If the County doesn't have any material comments then the Board is in a position to vote it down, vote it up or send it back for more revisions or further consideration. Lorraine Moynihan Schmitt stated that the public should be given the opportunity to comment on the County review. Close Public Hearing on Amendment of Local Law #3 of 20050 RESOLUTION 08 -100: RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Besemer: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the Amendment of Local Law #3 of 2005 is hereby closed at 6:32 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board. (Aye) Vote of Town Board.. . (Aye) Vote of Town Board ... (Aye) Open Public Hearing on SEOR Revi of 2008: RESOLUTION 08 401: Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor cts of RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for SEQR Review of Environmental Impacts of Local Law #2 of 2008 is hereby opened at 6:33 p.m.. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor Mr. Pinney asked the public if there were any comments. There were no OMP comments. Mr. Besemer moved to close the Public Hearing and Ms. Moynihan Schmitt advised the Board that the SEQR needed to remain open but it legally does not need to be re- noticed. Dan Konowalow — 199 Algerine Road asked if the audience knew what the subject matter was. Ms. Moynihan Schmitt stated that it was the Environmental Quality Review of the Subdivision Local Law Amendments. The Board is waiting for the County 239 report to come in respecting the Town Board's referral to them. Until that is in the Board's hands they won't be able to go ahead and make a determination on the SEQR. Therefore the Public Hearing should remain open until the next regular meeting on April 16, 2008. rubric Hearing to Remain Open on SEQR Review of Local Law #2 of 2008: E 107 108 RESOLUTION 08 -102 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the SEQR Review of the Environmental Impacts of Local Law #2 of 2008 remains open until the regular Town Board meeting on April 16, 2008. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson sm Eml Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor Open Public Ilearin� on Ordinance #1 of 2008 (Land Use Ordinance): RESOLUTION 08 403: RESOLUTION, offered by Mr. Pinney and seconded by Mr. Besemer: RESOLVED, that the Public Hearing on Ordinance #1 of 2008 (Land Use Ordinance) is hereby opened at 6:35 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 Lorraine Moynihan Schmitt made the following preliminary comments. The Planning Board at the request of the Town Board has extensively reviewed the current Land Use Ordinance. They have been meeting in the course of the last two years. In December of 2007 the Planning Board provided their written recommendations to the Town Board which included proposed revisions in areas of review. Since January of 2008 the Town Board has been meeting extensively to review those recommendations, to examine allowed uses by district, to examine processes for site plan review and to comprehensively review the entire ordinance. The result of the Town Board review is the proposed amendments to the Land Use Ordinance which is subject to the Public Hearing this evening. There are some major substantive changes that are being proposed. The Land Use Ordinance will now be called a Zoning Ordinance. There is some provision for in -house Planning Department Site Plan Review for minor applications. That is a major substantive change. The Planning Department site plan review is intended to utilize the Planning Department for those projects that do not require the expertise of the Planning Board. In facilitating this process the Town Board has put together an in -house site plan check list for the Planning Department's use. That is part and parcel of the new amendments proposed. There are two purposes for the in -house site plan check list. The first purpose is to insure that the Planning Department reviews all requisite potential impacts of site plan and projects that were before the Planning Department. This would include traffic, drainage, lighting, proposed uses, existing uses, water, septic, sewage, parking, curb cuts, etc. It is clearly delineated in the check list. The second purpose is to trigger referral of any in -house site plan reviews to the Planning Board in the event that certain thresholds are triggered in the check list. An example would be a SEQR requirement, wetland issues or potential large impacts such as traffic then those applications will automatically be referred to the Planning Board for their expertise. The overall intent of the in -house site plan process is to streamline the applications for certain straight forward projects and minor projects. This will reserve large, potentially complicated, nuanced projects for the expertise of the Planning Board and public hearings. There are some changes to the permitted uses by district. They are set forth in Schedule 1 of the amendments. There are also some changes to set -back requirements 10 109 and they are set forth in Schedule 2. There are additional definitions of terms and definitions of proposed uses and some additional appendices including the Comprehensive Plan and the Storm Water Local Law. The Planning Board and the ZBA have reviewed and made comment on these proposed amendments. They have indicated concerns and recommendations for the record. Some of which have been heard earlier this evening. Some of the concerns are respecting the proposed new 10 foot side yard set -back as being potentially insufficient; concerns with more business uses being permitted in an R1 District; concerns that landscaping requirements should be specifically delineated with specific requirements by district. Concerns that site plan review overall should be the purview of the Planning Board, not the Planning Department. Concern that site plan review should be required for all commercial development within the RA district; and some concerns that if the in -house site plan checklist and site plan review amendments are to be workable, than certain of those uses and projects should be before the Planning Board and not the Planning Department. The Planning Board will be meeting on March 24`h to outline and list their concerns. Her understanding is that this is going to be a joint meeting between the Town Board and the Planning Board to iron out some of those elements. Mr. Besemer stated that they were corrected by Rachael Jacobsen, Code Enforcement Office Clerk that the Planning Board was going to put their outline together and have the joint meeting within 30 days of that meeting. Lorraine went on to say that it is important to note that the Zoning Ordinance revisions have been and will continue to be an ongoing process. This will continue to be a dialogue between the public, the ZBA, the Planning Board and the Town Board respecting the proposed amendments. She believes the Public Hearing tonight will be continued into April because there is so much more comment coming into the record and there really is a potential that there could be changes to some of the proposed amendments. Finally, the Town Board has indicated that they will be reviewing the Zoning Ordinance again next year. Some of the large recommendations from the Planning Board that were submitted to the Town Board in December of 2007 can be addressed at a later date. Not all of that has been addressed in this round. Lorraine then turned the Public Hearing over to the Supervisor. Mr. Pinney asked if there were any comments or questions from the public. Gregory Lawrence — 89 Old Myers Road, stated that his comment is more generic and addressed some of the things that are being done tonight. The public is sitting in the audience and there are no copies of the documents or any materials which we can review. Especially if this record is one that begins at certain and continues on there is a need for interested individuals like myself to be able to follow this record. Especially if the Planning Board or anyone else is submitting some very detailed information to you it should be your obligation to facilitate the dissemination of this information and be very pro- active about it. You are obligated to make the information as widely disseminated as possible by putting it on the Town Website, getting it out to as many people as possible. There should have been stacks of printouts here. All of these documents that you are accumulating need to be scanned in and need to be in ready available form. Then people can read and exchange them and then make an informed commentary to you. The lack of the documentations is of significant concern to him. Lorraine Moynihan Schmitt stated that she believed that the proposed amended ordinance is on the website and available and certainly copies can be made available. But perhaps she is mistaken. Mr. Lawrence stated that it could be, that he was uncertain where on the website the documentation is found and that facilitation is easier. If you say people are complaining, document it and those types of things should be since they are being brought forth as a rationale reaction, these would be types of things that he would really like to see. Dan Konowalow — 199 Algerine Road, stated that the check list is suppose to solve a lot of the putative problems that the Town is facing with regards to certain zoning 11 110 issues. I think for the audience to understand the conversation and what is going on at the very least this check list really needs to be in our hands so that we can understand what the problem is and how this check list is going to solve it. We heard from a member of the Planning Board who apparently took umbrage at some of the allegations. Again I would say that probably I would repeat what Mr. Lawrence said and it is important to document this so that the Planning Board and any other entities who are involved in this can wrestle the same way the Town Board apparently has on how to solve this. You folks have come up with a potential solution and it is not obvious that other entities have had the same opportunity to wrestle and get the half nelson and maybe a pin. Larry Zuidema — 22 Bean Hill Lane — It was noted that the letter that was submitted for the record in the prior public hearing is also included in this public hearing. Charlie Purcell — 3060 North Triphammer Road, stated that he certainly thinks it's a good opportunity to streamline this, knowing some of the businesses that have been pushed away from the Town because of problems dealing with the Planning Board on a lot of minor issues that probably should have been resolved right here, in- house. People have left town rather than bringing business to our town, which is obviously a good thing. I have heard comments from other people that have spoke and it sounds like they are worried about losing some of their authority. If it's for the good of the people of the Town I think we elect people to set up here for that reason. I am in favor of streamline for things that don't need to be dragged out. Larry Zuidema asked if he could respond. He shares the sentiment about streamlining the process and thinks the important point about the Planning Board is that it should have a purview of what is going on in the town. If we just get a slice, or even a small slice, or even a large slice but don't see the rest of it, we don't have a comprehensive point of view as to what's going on. So, yes let's streamline it, but don't remove whole sections. We want to support the Town Board, we want to support residents and we certainly want businesses. Marty Christopher, Town Councilman stated that unfortunately that this has gotten into a slight debate here which I am going to end right know. The issue goes well beyond your comments Mr. Zuidema and I don't think they reflect the entire picture or statement of things that have taken place. What you have done is taken a small fraction of the problem that has existed and you presented it to the public and to us, but not the entire picture. This is not the place to get into it, we've tried on a number of occasions to have Planning Board /Town Board sessions where none of these folks have been there to know the opportunity that the Planning Board has had and that we have given the Planning Board in trying to communicate better. This is not the first time and it is not an isolated case that the Planning Board is saying why are you doing this to us Town Board? That is not the case. So I don't want people here to think by any means that this is an isolated situation and that there are bad guys and good guys. We are all suppose to be good guys, but it hasn't appeared that way this evening. I take a little bit of offense to that but lets drop this issue right now and get on to something else. The time has been there for the Planning Board to talk to us before and all of a sudden we have heard some statements which you have indicated are from yourself but they certainly sound to me like Planning Board, Larry Zuidema replied that they are not coming from the Planning Board that they are his comments, all of them. Mr. Pinney stated that he hopes that when the Town Board and the Planning Board meet that they can work through these issues and move forward in the best interest of all taxpayers. Mr. Pinney asked if anyone else had a question or comment. RESOLUTION 08404: %J r.. 12 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Besemer: RESOLVED, that the Public Hearing on Ordinance #12008 (Land Use Ordinance) remain open until the regular Town Board meeting on April 16th, 20081 Vote of the Town Board ... (Aye) Matt Besemer, Councilperson Vote of the Town Board ... (Aye) Marty Christopher, Councilperson Vote of the Town Board ... (I have a question ?) Bud Shattuck, Councilperson We closed the Public Hearing Subdivision because there was an opportunity that there maybe substitute changes from the current to the next. Maybe in the Land Use Ordinance there will be even more changes than there would be in the Subdivision. It makes more sense to me to close this and reopen it. Guy Krogh stated that you have the same issue; if you leave it open you have to re- notice it anyway. So there are clearly going to be additional public hearings on the Zoning Ordinance. You can leave it open if you want, it just doesn't change the process that you have to follow and unfortunately it can get confusing as to when it was opened and when it was closed. Vote of Town Board ... (Nay) Bud Shattuck, Councilperson Lorraine Moynihan Schmitt stated that if it remains open than all public can comment and filings go into the record and are part of the open record. Bud Shattuck stated that members of the public have spoken and one of the comments was that we would have open public meetings to talk about this prior to having the next public hearing. The reason that we did this is because we needed to push and we really needed to get something done. Nothing has been done for three years except for pushing things back and forth and this was a way to get people to stand up and take notice. It has done that and at the same time we move forward you can't move forward on this document as it is, I don't think this is going to happen. Again, I am against leaving it open. Lorraine Moynihan Schmitt stated that was understandable and that being said she withdrew her suggestion that the public hearing remain open. Particularly since the Board has indicated that it is going to continue with informational sessions. Connie Wilcox Nearing open. on yrainance #1 for RESOLUTION 08 -104: of 104 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on Ordinance #12008 (Land Use Ordinance) is hereby closed at 6:55 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 (Land Use Ordinance): RESOLUTION 08 405: RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: of 13 111 11 RESOLVED, that the Public Hearing on the Environmental Review for proposed Ordinance #1 of 2008 (Land Use Ordinance) is hereby opened at 6:56 p.m. Mr. Pinney asked if there were any comments from the public, there were none. Mr. Krogh stated there is no County response yet and therefore the Public Hearing needs to remain open. Remain Open the Public Hearing on the Environmental Review for the proposed Ordinance #1 (Land Use Ordinance) of 2008: RESOLUTION 08406: RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Environmental Review for the proposed Ordinance #1 (Land Use Ordinance) of 2008 remain open until the regular Town Board meeting on April 16'', 2008. 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 Open Public Hearing on the Warren Road Sewer District:_ RESOLUTION 08407: RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on the Warren Road Sewer District is hereby opened at 6:58 p.m. Town Engineer, Dave Herrick passed out to Board members a Draft Engineer's Report on the proposed Town of Lansing Warren Road Sewer District Mr. Shattuck asked Mr. Herrick to speak about the process and where we are at this point. Mr. Herrick stated that he is awaiting confirmation from the Village of Lansing in order to determine the cost. When this is received it will be incorporated in the Engineer's Report and then finalize a formal Public Hearing. There have been resent interests expressed by some of the commercial apartment owners specifically those who operate the Springbrook Circle Apartments. Up until very recently they have not been included in the district, but when they became aware that there was an opportunity to become included they jumped at the chance. They then asked to be included as they needed this service. Mr. Herrick reviewed the boundaries of the proposed sewer district along with the financing . Hurf Sheldon — 279 Holden Road, asked why the jail is not being serviced by this district. Mr. Herrick stated that the jail is in the Village of Lansing and already has public sewer. Mr. Shattuck asked what the timeframe of the project is. Mr. Herrick stated that the final Engineer's Report will be finalized as soon as the information is received from the Village of Lansing. 14 113 Mr. Shattuck asked what happens if the single family dwellings drop out? If they decide it is not costly for them can they opt out of it before the district is created? Can we cookie cutter around them? Mr. Herrick stated yes, they can be cookie cuttered out of the district. It would be efficient to approach the four landowners. The landowners do understand how the costs have come about. After further discussion, Mr. Pinney asked if there were any more comments. Close the Public Hearing on the Warren Road Sewer District• RESOLUTION 08408: RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the proposed Warren Road Sewer District was closed at 7:15 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Engineer's Report: Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor The following items were discussed under the Town Engineer's Report, A. Town C WD, Ext #1 — Algerine and Lansing Station Road • The water main is complete and service installations to be started. • Notice to residents explaining the procedure has been sent by the Supervisor's Office B. Town CWD, Extension #2 — Drake Road • Ready to advertise for bids. C. Drainage District #4 Final Order (Lake Forest Subdivision) D. Teeter Road Water District Extension E. Cayuga Farms Town Homes, Condominium Development Privilege of the Floor: Ron Seacord and Engineer Wayne Matteson, Jr. addressed the Board concerning his proposed project. Mr. Pinney and the Board discussed prior comments that were made at the February 27`h meeting in regards to this project. Mr. Krogh again recommended a Waste Water District under Article 12C and do it for the whole property and have differential in the rate based upon the degree of use of each phase. Mr. Krogh asked the Engineer if he was sure he could get the DEC and Health Department permits without a Transportation Corporation if the Town goes through the district formation process and puts a Waste Water District in place. Mr. Matteson stated that if the town is planning to be the applicant for the SPDES (State Pollutant Discharge Elimination System) Permit. There would be a discharge point and then the DEC would review the Spedes permit from the engineering standpoint and meet the standards. 15 11.4 Gregory Lawrence asked what the rational was behind the town becoming involved as potentially the entity that controls the Transport District. Mr. Lawrence asked the Board to explain this. Mr. Pinney stated that this would be completely paid for by the developer at which time the town would form the Waste Water District, similar to the Drainage District. There would actually be a cost per lot to create this property maintenance fee. We would collect a fee from everyone in the subdivision on a yearly basis, one for yearly maintenance and also collecting additional funds for replacement systems. It would be beneficial to the Town in the fact that if there were public sewer coming through 10 to 15 years down the road it could be tied into it at that time. It is better as a Waste Water District instead of a Transportation Corporation, because if they create a Transportation Corporation they would receive the money for all the operating costs. Unfortunately we would have to create a district also just incase the corporation went broke. It is actually better for the town to create a Waste Water District in the beginning and collect the fees originally then we would have the money there to do the replacement instead of worrying about someone going bankrupt. Mr. Lawrence asked, isn't this something the Town should say it is up to the owners to manage this piece and should it fail 10, 20 or 25 years, the owners would undertake the obligation to repair it. Should a sewer system come by it would be wonderful to have them connect at their price, they would have to pay the fee to connect. Mr. Pinney stated, I think you are misunderstanding, it would be their cost for the maintenance. There would be a yearly fee for every lot in that subdivision. So the town would have that money to do the maintenance. The problem with them doing the maintenance themselves is if that corporation went bankrupt after so many years the town is ultimately responsible. Instead of allowing this to happen we would be proactive and protect the town. The town would be collecting that yearly fee in anticipation of replacing this then the town would have the funds built up. Mr. Krogh stated that if you have a Transportation Corporation and it fails 10 years down the road because the Homeowners Association is dysfunctional, dissolves or simply abandons or neglects its duties, then that facility falls to the town to manage. It then becomes a general public charge. The way to avoid it becoming a general public charge would be to create the district to access the cost of operation, maintenance and replacement costs to the benefited properties that are served by that district. If you try to do that at some unknown future point when it fails you run headlong into the problem that the people that are there realizing that either everybody in the town pays for this, or I pay for it, they will ask for referendum and vote it down. Then everyone pays for it even though it benefits a small group. The only way around that is to have a catch basin district on day one underneath the Transportation Corporation that is set up and running at zero cost and none functional. It is setting there on paper so that when the Transportation Corporation fails, if ever, it's there to catch it and charge all of the costs of administering to that district, to those benefited properties. What the town is looking at is, giving that Transportation Corporations are highly technical and sometimes take a year or more to set up, since we are going to have a district there anyway, why wouldn't we just treat this as a water district or a drainage district or any other type of district. The Town will take it, we'll manage it, we'll collect the fees, and we'll make sure that the water that is discharged here is clean and not polluting our environment. The Town will manage the money and make sure it is there when it needs to be replaced and the maintenance is done when it needs to get done. At that time the benefited properties will be charged for the cost of that district so that the general Town taxpayers don't end up paying for it even though it only benefits one small section of the Town. Mr. Lawrence asked if there was a huge lump, say a hundred thousand dollar cost that has to be addressed for some major catastrophe, you would then access only the hundred thousand dollars only against the properties and owners in that district? Mr. Pinney and Mr. Krogh replied yes. 16 115 Mr. Lawrence stated that because Town staff will be used for maintenance, will there be an annual rate that is clearly spelled out so that it is clear cost recovered? Mr. Pinney stated that would be set up. Mr. Krogh stated that is what currently happens with water districts. Mr. Lawrence asked if the money was to be deducted out of the money that is put into escrow. In other words you would deduct a certain amount for the administrative and maintenance costs. Mr. Pinney stated absolutely. Mr. Lawrence asked if this was driven basically by the choice of septic systems to allow higher density or would this not be an issue if the houses were spread out further and had their own septic fields. Mr. Pinney stated it was a major issue of higher density. Mr. Lawrence stated that the Town is being involved in order to allow for greater density in this project. Mr. Pinney stated that the Town supports the higher density in this project. Mr. Lawrence asked if another project came along would you also be interested in absorbing this type of risk or this type of a program to support another high density project. I'm looking to see if there is precedent here. Mr. Pinney stated this is definitely setting a precedence here. Mrs. Wilcox also stated that it is part of the Town's Comprehensive Plan, Mr. Lawrence asked if this agreement will be publicly available, easily accessible and open for comment? Are people going to understand what they are going to get by taking on this managerial responsibility? Mrs. Wilcox stated that it would probably be a PDA (Planned Development Area). There would be lots of time for comment. Mr. Lawrence stated that the idea of transparency and openness is to be able to get all the documentation out so the people could at least know what you guys are agreeing to. Mr. Krogh pointed out from his perspective only that there is also a substantial benefit to have only one treatment system and one outflow as opposed to fifteen or twenty. The effect on ground water is substantial and the DEC is trying to promote this type of system in places where sewer is not feasible or affordable. There is an environmental component to it that makes sense. Mr. Lawrence stated that the only reason he is pushing this is because it sounds precedent setting, it sounds like a good idea in some respects but is it going to become something that the town is going to use as a method of supporting greater density. Can the town members and the town residents see the whole process, see all the documents and see the type of agreement and the separation of costs so that the town is reimbursed for the management beyond just the monies that are put into escrow so they can see the whole process. Right now it sounds very mysterious and sounds like maybe it is a good idea but maybe the nuts and bolts are not clear. Mr. Christopher stated that he is getting the conversation from him that it sounds like we as a Board have gone to Mr. Seacord do this. Mr. Seacord has come to us, we did not go looking for him. 17 116 Mr. Lawrence said all he is asking is, it sounds as if the town is looking by legally creating certain corporations or infrastructure to legally capture to provide a prompt for a development. Mr. Christopher stated that if it works it becomes a good precedent and a good model for the future. Mr. Lawrence stated that what is needed also is transparency and communication with the community so that people who may or may not have had experience with this or who have other thoughts about it will be able to come forward and say this is a really great idea or this could be something else. I'm not caught in much one way or the other, I'm more interested in the process. The process, up until a few moments ago, still seemed kind of hazy especially because it is occurring between you and the developer and we are not being involved in this precedence setting step. Mr. Pinney stated that everyone was being involved. The very first time it was discussed was in a Board meeting and it is only the second time it is being discussed. Mr. Christopher stated that we are not very far ahead of you in being able to completely understand this. Mr. Lawrence stated that at the last meeting the issue was, can we go ahead with this and make an informal commitment, which I think was maybe jumping the gun on it and is still maybe jumping the gun on it, until the community has provided some input. Mr. Pinney said the Board needed to make an informal commitment because there is nothing written up on this at this point. We need to move forward, get the nuts and bolts done, before it can be shown to the community. During this process they will have to go through a PDA along with public hearings, etc. We are still at a preliminary stage. We need to make some kind of commitment so we can move forward with this. Mr. Lawrence asked if this commitment by the Town, if this project stumbles or fails does Mr. Seacord's developer have the ability to turn around and say but you made me think that this was going to go forward by giving me the nod here. Mr. Pinney stated he certainly wants to give them a good faith effort to do what we think is the right way to do it and it is something we need to try to work out together on this. They need to talk to the DEC, we're not a 100% sure what we are going to do at this point. There are a lot of questions that need to be answered. At this time we need to give an idea of what direction we feel we should go with. Mr. Lawrence said I urge you, more communication, more transparency and as much information as you can provide about this project so that people can give more input and agree or not agree. Mr. Pinney stated he is trying to be very transparent while he is up here, I know it was part of my campaign that you should be very transparent but I am also elected to make decisions that I can't share everything with the public because there are so many things to deal with. We could sit here until midnight if I try to make every little thing transparent, but I try to that the best I can, so try to bear with me on this, but we do try to make things very transparent. I think you can see that by the way I run the meetings at this point. After further discussion, it was the consensus of the Board that they are in favor of this project and it was determined that it should go before the Planning Board for their recommendation. Mrs. Wilcox stated that this process started prior to our new Supervisor. Mr. Seacord came to the Board last fall and we as a Board then said we like the concept and we are willing to move forward with this. It is not something that happened last month. Mr. Seacord asked if he needed a vote for the SPDES Permit Application. W Mr. Krogh stated at this point with this type of project it needs to go the Planning Board and they should make determinations and recommendations as how to structure the PDA. The Planning Board should recommend that the Town be or not be on the SPDES Permit, Ms. Moynihan Schmitt stated that is the structure in the Land Use Ordinance. It goes to the Planning Board for their recommendations and then back to the Town Board, Mr. Shattuck stated that when we sent you out the first time was not only so we could have more time to find out about Transportation Council but to make sure this could be engineered. The plans have been looked over by DEC and that's how we know about the outflows and there locations. It seems like this is a doable project. After that then we look at what is the most expedient way to do this. This expedites this tremendously as opposed to that year process that is needed just to start Transportation Council movement. This moves things forward a lot for you. Mr. Seacord replied, absolutely. The next process is to start the PDA process and there are timelines to follow, including all the pubic meetings both with the Planning Board and open public meetings that happen with the land development area. It was the recommendation of the Town Board to have the Planning Board start the PDA process. At this time a formal application will be on file in the Planning Department for public review. There will be meetings and public hearings set before the Planning Board and after that process is complete, it will go to the Town Board, Planning Department Report• Mr. Platt reviewed the Code Office Monthly Report. He stated that for the month of February they were up 2 permits and up in project costs from last year by $160,937.00. The amount of $936.60 was collected in electrical fees, down $182.70 from last year. Boards. Mr. Platt also updated the Board on the meetings of the Planning and ZBA Highway Department Report: Mr. French stated that the new windows were installed at the new records building. Mr. French encouraged the Board to go look at Salt Point. The brush has been cleared except for patches that were left for Environmental purposes. The concrete has also been cleaned up. Stone has been hauled in for a parameter road that will be started when the weather breaks. Mr. French and Mr. Purcell will be meeting with Tompkins County Highway, Tompkins County Planning and Tompkins County Soil and Water on Wednesday, March 26 at 10:00 to discuss the flooding problems in Ludlowville. Recreation Department Report• Parks & Recreation Department 3/19/08 Town Board Meeting RECREATION • The LBP & LSP youth baseball and softball program is scheduled to end on Friday. As usual, registrations slowly and most will come in after the deadline. Next to make reminder phone calls so that we can verify an( pools, registration period tend to come in week we will start I finalize our player 19 117 o • • We are currently getting all of the baseball and softball equipment ready to be packed. We are anticipating and preparing for 35 to 40 total teams. Coach's clinics and player selection meeting will take place in about 2 weeks. • Dick's Sporting Goods Community Youth Sports Program - we are again partnering with Dick's who has already provided 3 equipment packages AND they have supplied coaches discount certificates and coupons for all of our players. • The "Summer Program Packet" information is starting to come in now. Our goal is to have the completed booklet ready for the public by the first week in May. I had a meeting with the Middle School music teachers and we are planning to add "Music Lessons" to our summer program offerings. This program would be completely paid for by user fees. • Our ongoing programs (Karate, Step Aerobics, Adult Fitness Swim, Boot Camp Fitness and our traditional adult sport programs) are in progress now. PARKS • We plan to start working in the Parks doing early season clean up, the first week in April. All of the Parks were closed very well in the fall so we anticipate an easy opening and hoping for no surprises. • We hope to get the beachfront area cleaned up from all of the debris, trees and drift wood that gathers on the beach. It is best done now while the lake level is low. • I have filed our operating permits with the Tompkins County Health Department for our summer Day Camp and our Campsite area. • The marina placements have been made and confirmed. Now we are hoping that everyone made correct measurements of their boats so that they will all fit. As of now, we have exceeded our anticipated revenue listed in the budget by over $1,800. • The Dry Dock area is about half full now and will be sold out by the end of April. • For the month of February we did $23,301.50 in credit card sales. Myers Park Marina: The situation at the Lansing Myers Park Marina was discussed. It was the consensus of the Town Board to authorize the Town Attorney to send a certified letter concerning this matter to the contractor. Drainage District #4 Final Order (Lake Forest Subdivision) RESOLUTION 08109 FINAL ORDER RE DRAINAGE DISTRICT #4 (LAKE FOREST SUBDIVISION) X31; 119 At a Regular 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 19th day of March, 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 Martin 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, 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 S WPPP; and 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 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 to establish the Town of Lansing Drainage District #4, and (iii) all benefited parcels are included, and no benefited parcels were excluded, from such district; and 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 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 $392.85 (with actual costs varying per parcel size); such costs are 21 120 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 Board declared and determined that: 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 WHEREAS, it was declared and determined that 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; and WHEREAS, the establishment of Town of Lansing Drainage District #4 was approved subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7, and no request for a referendum was filed, presented or received; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing hereby issues a FINAL ORDER as follows: THE TOWN BOARD OF THE TOWN OF LANSING HAS: RESOLVED AND DETERMINED, that no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and (ii) the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of SEQRA; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed Drainage District #4 are inclusive of the following tax parcel numbers, and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 32. -1- 37.428, encompassing all lots within the Lake Forest Subdivision, all as shown on the District Extension Map on file at the Town Clerk's Office; and it is further RESOLVED AND SO ORDERED, that the said Drainage District #4 hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, and the Town shall assess, levy and collect of special assessments upon the several lots and parcels of land within the said District, which the Town Board has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and it is further RESOLVED AND ORDERED, that the Town Clerk file (i) a certificate with the County Clerk certifying that no referendum was requested, and (ii) a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Final Order; and it is further RESOLVED, that Drainage District hereby approves and accepts the assignment of easements and rights -of -way from the Town of Lansing relating to the District, and further, that the Supervisor and /or Deputy Supervisor be and each is hereby authorized, on behalf of the Town of Lansing and on behalf of Drainage District #4, to do such things and execute such documents as are or may be necessary or desirable to effect the assignment of easements and rights -of -way to said Drainage District #4. 22 SEQRA: Unlisted Action. al Order Establishine C Water Di RESOLUTION 08 410 L!h ds Suh.lI RESOLUTION ADOPTING FINAL ORDER ESTABLISHING TOWN OF LANSING CONSOLIDATED WATER DISTRICT EXTENSION 2 AUTHORIZING ADVERTISEMENTS FOR BIDS AND DEVELOPMENT OF RFP FOR CWD EXTENSION 2 (COTTONWOODS SUBDIVISION) At a Regular 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 19th day of March, 2008, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Francis Shattuck, Councilperson; and Martin Christopher, Councilperson; and Matthew Besemer, Councilperson having recused himself, 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 Martin Christopher; and the vote was as follows: A. Scott Pinney — aye, Connie Wilcox — aye; Francis Shattuck — aye, Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: 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, a prior Public Interest Order and Notice of Public Hearing was duly issued, a hearing duly held, and in due course, a Final Order Establishing the District was duly made and filed; and 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, the amended Public Interest Order and Notice of Public Hearing (dated February 13, 2008, Resolution 08 -79) superseded the prior Public Interest Order and 23 122 Notice of Public Hearing issued in relation to CWD Extension #2 (dated March 21, 2007, Resolution 07 -62); and WHEREAS, the prior Final Order establishing CWD Extension #2 (dated January 16, 2008, Resolution 08 -41) was duly repealed by said Resolution 08 -79; and WHEREAS, the said revised MPR was duly reviewed and deemed final, and the Town duly proceed towards re- establishment of CWD Extension #2 pursuant to the provisions of Town Law Article 12 -A and found that all proceedings were in compliance therewith, and a Notice of Public Hearing was duly published and posted, and a Public Hearing was duly held upon February 27, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons were duly heard upon the Order as required by Town Law §209 -d, which Order duly declared and/or described (1) the boundaries of the proposed district, (2) the proposed improvements, (3) the estimated cost of the proposed improvements as $169,800, being the maximum amount proposed to be expended (4) the estimated cost of hook -up fees, (5) the proposed method of financing the improvements (a 20 -year serial bond at an estimated interest rate of 5.5 %, with an estimated annual EDU capital cost of $468.00), (6) the annual operation and maintenance costs, (7) the first year cost to typical one and two family homes ($605.00), (8) the Map, Plan and Report as being on file for public review and inspection at the Office of the Town Clerk, (7) a public hearing upon such proposed district; and WHEREAS, the Town Board conducted a SEQRA review and completed an Environmental Assessment Form, and the Town Board reviewed the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental impact by Resolution 07 -117 (June 20, 2007); and WHEREAS, the costs per EDU are below the NYS Comptroller's review threshold, such that an application to, and permission from, the NYS Comptroller is not required; and WHEREAS, the Town Board duly 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 District Extension are benefited thereby; (iii) all benefited properties and property owners are included within the District Extension; and (iv) that the establishment of the District Extension is in the public interest; (v) that the said District Extension shall be constructed as set forth in the Order calling a public hearing, at a cost not to exceed $169,800.00, which amount is proposed to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said District Extension, so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and WHEREAS, the Town desires to proceed towards final establishment of the District Extension pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing hereby issues a FINAL ORDER as follows: THE TOWN BOARD OF THE TOWN OF LANSING HAS: RESOLVED AND DETERMINED, that no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and (ii) the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of SEQRA; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed District Extension are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefor, 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 District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the said District Extension hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, at a cost not to 24 123 exceed $169,800.00, which amount is proposed to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said District Extension, which the Town Board has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and it is further RESOLVED AND ORDERED, that the Town Clerk file (i) a certificate with the County Clerk certifying that no referendum was requested, and (ii) a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Final Order; and it is further RESOLVED, that the Town Engineer may, after filing this Order with the County Clerk and upon receipt of all required permits, issue advertisements and RFPs for bids for the construction of the district in accord herewith. SEQRA: Unlisted Action, rAna, vraer Approving Formation of CWD Boundary Extens0 io Road Rear: RESOLUTION 08 411 FINAL ORDER APPROVING FORMATION OF CWD BOUNDARY EXTENSION FOR MYERS HEIGHTS REAR ROAD At a Regular 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 19th day of March, 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 Martin 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, 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, 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 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 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) - 32. -1- 37.4215 31-1 -37.3, 31-1 -37.6, 32. -1 -37.5, and 32. -1- 37.423, which parcels are more particularly shown and described upon the map filed at the Town Clerk's Office; (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 25 124 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; (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 a LEAF 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 LEAF, 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, it was duly 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 WHEREAS, it was declared 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 -37.35 32. -1 -37.65 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 WHEREAS, the Town Board approved the said CWD Extension and boundary line subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7 and no request for a referendum was filed, presented or received; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing hereby issues a FINAL ORDER as follows: THE TOWN BOARD OF THE TOWN OF LANSING HAS: RESOLVED AND DETERMINED, that no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and (ii) the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of SEQRA; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed District Extension are inclusive of the following tax parcel numbers, and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 32. -1- 37.421, 31-1 -37.3, 32. -1 -37.63 32. -1 -37.5, and 32. -1- 37.423; all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the said District Extension hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, and the Town shall assess, levy and collect of special assessments upon the several lots and parcels of land within the said CWD Boundary Extension, which the Town Board has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and it is further 26 RESOLVED AND ORDERED, that the Town Clerk file (i) a certificate with the County Clerk certifying that no referendum was requested, and (ii) a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Final Order, SEQRA: Unlisted Action. Amend Employee Handbook: The Town Board was given a draft resolution and copies of the proposed changes. Mr. Shattuck stated that this is the first time he has seen this and he is not ready to adopt a resolution tonight. It was not on the agenda as a resolution. He is more than happy to discuss each and every issue but would like more time to think about passing a resolution. After further discussion it was decided that further research needed to be done and will be discussed at a later date. Approve Audit: RESOLUTION 08 412: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Consolidated Abstract #003 Dated 3/19/08 Audited Voucher #'s Prepay Voucher #'s Audited TA Voucher #'s Prepay TA Voucher #'s Fund Appropriations: General Fund Highway Fund Lansing Lighting Lansing Water Districts Trust & Agency 139 -173 and 175 -262 139 -148 9-18 9- 10,15, and 18 Total: $ 84,955.19 $ 844070.50 $ 2,494.05 $ 103,227.33 $ 52,581.09 Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Shattuck, Councilperson A. Scott Pinney, Supervisor Approve Minutes of February 27th & 29th 2008: A copy of the minutes of February 27th and 291h 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 08 413: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the minutes of February 27th and 291h 2008 are hereby approved as submitted. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson 27 i25 126 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: Justice Court Finance Session: The Justice Court Finance Session is coming up. Mr. Shattuck attended it last year and it was very worthwhile. If no one else can make it he can go again this year. Mandate Audit of Justice Department: The Town Board is mandated to audit the Justice Department every year. The formal audit was done but not by the Board. We should be looking at the books as a Board and discussing or at least approving or disapproving that policy. Mrs. Wilcox stated that she attended that session at the Association of Towns meeting in New York and she asked the question if the Board had to physically audit the books if we had an accountant and she was told no. Mr. Shattuck stated that the accountant doesn't do it every year. Mr. Krogh stated that pretty much everything needs to be audited every year. It doesn't need to be audited by the Town Board. The question is, does the Town Board feel it is more appropriate given the size of the budget to have an auditor audit it? Discussions with prior administration led me to believe that the auditor was going to do an audit on each of the cash departments annually instead of onsite. Mrs. Wilcox stated that was her understanding too. Mr. Shattuck stated that we have a triennial audit that includes the Supervisor's Office every year and a rotation of the Court Office, Park and Recreation Office and the Town Clerks Office on the third years. Voucher 4174: Mr. Shattuck stated that the one bill that was not approved for payment was from the Parks and Recreation Office. Mr. Krogh stated that once you cross $20,000.00 on a project it is subject to General Municipal Law mandatory bid procedures. After further discussion it was decided that a training session, (in house with the Town Attorney) on purchasing and bidding be held in the near future. Mr. Krogh's recommendation is that they be reviewed as part of the Organizational Meeting every year and be published as an Organizational Resolution every year. Mr. Shattuck stated that the training would be done prior to the Organizational Meeting each year. Matt Besemer: Mr. Besemer and Mrs. Wilcox asked Attorney, Guy Krogh to review the School Tax Collection Agreement and get back to the Board. There were no other Reports at this Time: Executive Session: RESOLUTION 0 8114: RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: W RESOLVED, that the Regular Meeting is hereby adjourned to go into Executive Session to discuss possible litigation at Myers Park Marina and the appointment of the new Police Officers in the Town at 9:15 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Out of Executive Session: RESOLUTION 08 -115: Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9: 50 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board.. . (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Councilperson RESOLUTION 08 416 RESOLUTION AUTHORIZING AMENDMENT AND EXECUTION OF CONSTABLES'/POLICE AGREEMENT At a Regular 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 19th day of March, 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 Board has determined that the provision of police services is critical and necessary for the welfare and benefit of the Town and its residents and visitors; and WHEREAS, the Town has a need for constable services in relation to, inter alia, its parks, the service of civil process, and Town Court protective services; and WHEREAS, based upon what other Towns pay for contract services and the Sheriff's current rates, the Town believed that it was fiscally prudent to let such services out for bid, which bidding process was duly authorized by Resolution 08 -32, and pursuant thereto, the Town Board did duly place a RFP in the official newspaper for the Town, and in such other locations or delivered to such other persons as may or will produce bids from qualified individuals; and WHEREAS, several bids were received from qualified individuals, and each such bidder, at the direction of the Town Board, was interviewed by the Personnel Committee and /or representatives from the Parks & Recreation Departments and Courts; and WHEREAS, based upon bids received and the results of such interviews, the Town has identified candidates for the service of process, the parks, and the courts; and c 127 128 WHEREAS, after review and discussion of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor and/or Deputy Supervisor be and hereby are directed to have Town Counsel amend the Constables Agreement to reflect the bid pricing received, and to update such Agreement by referencing, among other things, that the provisions of services to the Town, being a town of the first class under New York State law, must be by licensed/authorized police officers; and it is further RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized to execute such amendments to the said Agreement, once completed, as may be hereby required, by, for, and in the name of the Town of Lansing. SEQRA: Type II Action. Payment of Voucher #174: RESOLUTION 08 -117: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay in the General Fund, Voucher #174 with the total appropriation amount of $6,000.00. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Adiourn Meeting: RESOLUTION 08 -118: Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Pinney: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 9:52 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor Minutes taken and executed by the Deputy Town Clerk. 30