No preview available
HomeMy WebLinkAbout2010-03-17�19 REGULAR TOWN BOARD MEETING Date: March 17 2010 Time: 6:00 PM Place: Lansing Town Hall Board Room AGENDA 18 Call Meeting to Order 2, Roll Call 3. Pledge of Allegiance 4 Privilege of the Floor: Please go to the podium and state your name and address. 5. Hurf Sheldon - STERPDB Broadband Proposal and Cost Sharing 6, Continue Public Hearing in regards to the Public Interest Order for Tilley Enterprises Back Lot Extension - 6:15 p.m. 7. Form Economic Development Committee 8. Empire State Development Grant (Warren Road Sewer) 9, State Assistance Contract (Warren Road Sewer) 105 Planning and Engineering Department Report 11. Highway Superintendent's Report 12. Parks and Recreation Department Report 138 Approve Minutes of February 24th and March 4th 14. Approve Audit 15. Board Member Reports 16. Town Counsel Report 17. Executive Session if Needed 18, Adjourn Meeting * ** If you presented something to the Board tonight that you asked to be a part of the minutes, please email it to the Clerk by 10:00 a.m. tomorrow at bonny22 @twcny.rr.com • • 1 March 17, 2010 The Lansing Town Board met in Regular Session at 6:00 p.m. at the Lansing Town Hall Boardroom with Supervisor Pinney presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. A. Scott Pinney Marty Christopher Robert Cree Kathy Miller Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Absent Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present Visitors: Steve Colt, Hurf Sheldon, Dan Veaner, Pat Pryor, Andy Sciarabba, Claes Nyberg and John O'Neil. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Pat Pryor — County Rep.: Broad Band: Ms. Pryor informed the Board that the County will not apply for the Broad Band grant. If the County received the grant, they would have to front over $ 861,000.00 which would come from taxpayer's money and an additional yearly cost of between $ 250,000.00 and $ 500.000.00 She stated that the grant was intended to help establish the backbone of the project. She stated that we already have the capacity to reach and serve approximately 95% of the homes in the County if we could find a service provider that would do the "final mile ". It was the consensus of the Committee that it was not financially feasible at this time. The County did vote to go forward with the Google application which Mr. Sheldon will discuss. Veterans Day Flags. She asked for the Towns help in locating any organizations that decorate veteran's graves in the cemeteries. Mrs. Wilcox stated that all cemeteries in Lansing are decorated with flags on Memorial Day. Ms. Pryor will contact the Town Clerk for more information. Census Forms: She challenged the rest of the legislature to see which Town will mail the forms back in. In the last census, Lansing was the only Town that had over an 80% mail in return rate. 11 _67 .68. Hurf Sheldon STERPDB: Broad.Band: Mr. Sheldon stated that at the time the Board endorsed the letter in favor of going ahead with the grant, we were not aware of the cost. After finding out how much this will cost, he stated that he agreed with the decision not to go forward. He stated that Google has said that they will accept grants to do test cases in communities to put in high speed networking and do the last mile to everyone's house. The County Legislature has voted to move ahead with the grant process. Mr. Sheldon stated that this is a long shot but felt Tompkins County may have a shot. Lansing Lions: Mr. Sheldon stated that he is a member of the Lansing Lions Club and asked that the Town Board coordinate with them before any future projects are to be scheduled at the Annex so they could have some input. Contin Hearina - Tillev Back ,er Extension: RESOLUTION 10 — 62 RESOLUTION, offered by Mrs. Wilcox and seconded by Mrs. Miller: RESOLVED, that the continuation of the Public Hearing regarding the environmental Impacts of the Tilley Back Lot Water Extension is hereby called to order at 6:20 p.m'.: Vote of Town Board ... (Aye) Robert Cree; Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Close Public Hearing on Environmental Impacts of Tilley Back Lot Water Extension: RESOLUTION 10 = 63 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Cree: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the Environmental Impacts of Tilley Back Lot Water Extension is hereby closed at 6:21 p.m. Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board (Aye) A. Scott Pinney; Supervisor CONDITIONAL APPROVAL OF TOWN OF LANSING CWD TILLEY BACK LOT WATER EXTENSION.AND ORDER REGARDING NOTICE OF REFERENDUM 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 17th day of March, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Kathy Miller, Councilperson, and Robert Cree, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Tilley Enterprises, Inc., owner of certain lot(s) within the Town of Lansing (TP# 44.- 1 -2.2, approximately 0.7 acres), asked the Town to provide water access to the Town of Lansing Consolidated Water District ( "CWD ") for property along North Triphammer Road, and the Town proceeded upon such request pursuant to Town Law Article 12 -A, including by the issuance of a Public Interest Order (as amended) pursuant to Town Law § 209 -d; and WHEREAS, the Map, Plan and Report ( "MPR ") was accepted as final and complete, the said water district extension was declared to be in the public interest, and the Town Board further: (i) determined and described the boundaries of the proposed district, (ii) described the improvements to be made; (iii) described the cost of the public improvements; (iv) described the connection fee for the typical user, including permit and materials costs; (v) described the first - year's and annual user costs for the extension; (vi) described the financing, if any, applicable to the project; (vii) declared the MPR incorporated into the Public Interest Order and Resolution, noted that such MPR described in detail how the financing, hook -up costs, and other costs and expenses, were estimated and computed, and noted that the MPR was filed at the Town Clerk's Office as required by law; and (viii) declared and scheduled a public hearing to consider the said Public Interest Order and Resolution; and WHEREAS, said public hearing was duly held at upon March 17, 2010, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and thereat all persons interested in the subject hereof were duly heard and all submitted evidence was accepted and reviewed; and WHEREAS, pursuant to SEQRA and its implementing regulations ( "SEQRA "), the Town Board found that there were no significant environmental impacts likely to result from the proposed action, or the approval or financing thereof, and thus issued a negative declaration under and pursuant to SEQRA by Resolution 10- 49; and WHEREAS, after conducting the aforesaid public hearing, and in consideration of all evidence reviewed and considered thereat and otherwise, the Town Board of the Town of Lansing has hereby duly 3 lY ${j i RESOLVED AND DETERMINED, published and posted as required property and property owners witt benefited thereby; (iii) all benefited within the said extension; and (iv) public interest; and it is further that: (i) the Notice of Public Hearing was by law, and was otherwise sufficient; (ii) all iin the proposed extension of the CWD are properties and property owners are included the establishment of said extension is in the RESOLVED AND DETERMINED, that the boundaries of said CWD district extension 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 44.- 1 -2.2, as shown in the MPR on file at the Town Clerk's Office, and as shown and described further in the deed so described at the Tompkins County Clerk's Office, to which reference is hereby made; which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND DETERMINED, that the construction and improvements identified in the afore - described Public Interest Order and Resolution be and the same are hereby approved and authorized; and it is RESOLVED AND DETERMINED, that the provision of services of the CWD be and the same are hereby authorized and to be provided to such CWD district extension after issuance of the Final Order of formation of this district extension and the completion of construction and /or permitting, as required; and it is further RESOLVED AND ORDERED, that the establishment of Town of Lansing CWD Tilley Extension and hereby is approved; and it is further RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7; and it is further RESOLVED AND ORDERED, that the Town Clerk publish and post a Notice of Referendum as soon as is possible and at least within 10 days of the date of this Resolution. The question of the adoption of such proposed Resolution was duly motioned by Connie Wilcox, duly seconded by Kathy Miller, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Formation of an Economic Development Committee: RESOLUTION 10 - 65 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 17th day of March, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor Connie Wilcox, Councilperson Kathy Miller, Councilperson Robert Cree, Councilperson 0 The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board has agreed it would be in the best interest of the Town of Lansing to form an Economic Development Committee to oversee the economic development in the Town of Lansing. Therefore, it is RESOLVED, that the following residents will serve on the committee: Real Estate Development Retail Sector Industrial Sector Light Manufacturing Small Business — Tech Sector Government Sector Agriculture Sector Commercial Sector Financial Sector At Large Andrew Sciarabba (Chairman) Michaleen Herzog- Michaleen's Florist Scott Pronti — Borg Warner Steve Ruoff — IMR Test Labs David Burns — Novasterilis Jeff Overstrom — Town of Lansing Skip Hardie — Hardie Farms Eileen Stout — Rogues Harbor Greg Hartz — Tompkins Trust Company Bud Shattuck — Former Town Board Member The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney duly seconded by Mrs. Wilcox, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Empire State Development Grant: RESOLUTION 10 -66 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF ESD INCENTIVE PROPOSAL FOR WARREN ROAD SEWER DISTRICT EXTENSION 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 17th day of March, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Kathy Miller, Councilperson, and Robert Cree, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, The Town of Lansing formed the Warren Road Sewer District Extension ( "WRSDE ") and applied for funding assistance from various grant programs and agencies on federal and state levels; and 9 ,.71 72 WHEREAS, the NYS Empire State Development Corporation has qualified the Town and the WRSDE for grant funding assistance pursuant to the ESD Incentive Program; and WHEREAS, upon consideration of the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor, and /or Deputy Supervisor, be and each hereby is authorized to sign and execute the ESDC Incentive Proposal by, for, in the name of, and on behalf of the Town and Lansing and the Town of Lansing Warren Road Sewer District Extension, as applicable, including the affirmation thereof; and it is further RESOLVED, that the Town Board, individually and acting on behalf of the WRSDE, as applicable, be and hereby is further authorized to conduct such studies and perform such acts as are or may be necessary or desirable to effect closing upon such ESDC Incentive Proposal, including, but not limited to, the expenditure of funds for commitment fees, qualification and application expenses, affirmative action and M/WBE compliance, and environmental and historic review requirements, including such consulting, engineering and legal expenses as may be so incurred. The question of the adoption of such proposed Resolution was duly motioned by A. Scott Pinney, duly seconded by Connie Wilcox, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. State Assistance Development Grant for Warren Road Sewer Project: JLUTION . RESOLUTION 10 =67 OVING EXECI %ND PER �#E UNDEI PROGRAM FOR WATER QUALITY IMPROVEMENT PROJECTS FOR WARREN ROAD SEWER DISTRICT EXTENSION AND FINANCING THEREOF, AND AUTHORIZIN( rAIN ACTS Pl NT TO B( OF 1 1996, AND THE ENVIRONMENTAL PROTECTION FUND 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 17th day of March, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Kathy Miller, Councilperson, and Robert Cree, Councilperson. f 0 The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, The Town of Lansing (herein, the "Municipality "), after thorough consideration of the various aspects of the problem and the study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law ( "ECU) authorizes State assistance to municipalities for water quality improvement projects by means of a contract, and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF LANSING AS FOLLOWS: 1. That A. Scott Pinney, Town Supervisor, or such person's successor in Office, is the representative authorized to act on behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51, and 56 and /or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project, and agrees that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation; 4. That this Resolution takes effect immediately. The question of the adoption of such proposed Resolution was duly motioned by Connie Wilcox, duly seconded by Kathy Miller, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Planning and Engineering Department Report: Mr. Overstrom was absent — no report. Mrs. Miller stated that she attended the last Planning Board meeting and that the Kirby subdivision on Goodman Road is creating a lot of concern with the neighbors. They are concerned with the water issue. The Board did not move forward as more plans will be presented at a later date. 73 W Highway Department Report: Mr. French was absent — no report. Park and Recreation Department Report: Mr. Colt went over the following report with all present: Parks & Recreation Department 3/17/10 Town Board Meeting RECREATION LBP baseball and LSP softball registration forms are coming in steadily but we have a lot to still get in (as usual). The Corms are due this Friday March I 91 and starting next Monday, I will begin phone calling everyone that has not yet signed up. The number of players registered drives everything!!! Unfortunately, people just do not respond on time, and they have no idea how much work is involved in setting up and running our leagues. ➢ Baseball and Softball team equipment will need to be packed soon. We hope to have this done by the end of the month when the teams are fonned. Dick's Sporting Goods has come through! They donated 40 sets of equipment that includes: Team Bags, Scorebooks, Coaches Clip Boards, Player Water Bottles, Baseballs and Softballs. v The Summer Program Booklet is being looked at right now. We need to confirm programming and schedules and then put the booklet together and print it. Typically, this will be ready for the public in early May. New Summer Program — Yesterday we met with Joe Guernsey, owner of Klein's Archery regarding a youth archery program for a week in August. Art Camps over Spring Break— for the first time, we are offering three different art camps over the school's spring vacation week. The camps will take place at the Community Center Tuesday through "Thursday and will include (Exploring Sculpture, The Art. of Stone Carving and Exploring Paint, Mixed Media and Collage). rVaII XI The annual clean up work and getting the Parks ready to open will most likely start to take place at the end of this month or the start of April depending on the weather. ➢ Beautification Grant — I applied for this grant and did just receive confirmation today that we were successful!! I received $2700.00 that will pay for the `'Paver Project" at the entrance of Myers Park. (see attached photo). ➢ Family Memorial Trees — we have several memorial trees that have been requested. We will order these trees soon and plant them within the next month. Pavilion "B" expansion — Our local Masonic organization is moving forward with their plan to expand the south side of the pavilion, under the direction of John Moravec. They want to start this project within a month and should not take long to complete. Y Boaters Safety Class — We are planning to host a boater's safety class here on Saturday May I" from 8 AM — 4 PM. Ralph Grey will conduct the class. Ages 10 -1.7 must be certified to operate a power boat unsupervised. AL,t, AGES must be certified to operate a PWC. Claes Nyberg: Mr. Nyberg asked if the Economic Development Committee will do a better job of posting information on the web than the Town Center Committee has done. Mrs. Wilcox and Mrs. Miller will look into updating the web for the Lansing Center Committee. Approve Minutes: RESOLUTION 10 — 68 A copy of the minutes of February 24th and March 4th, 2010, 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, offered by Mrs. Wilcox and seconded by Mrs. Miller: RESOLVED, that the minutes of February 24th and March 4th, 2010 are hereby approved as submitted. Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 10 — 69 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Cree: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 003 DATED AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND 3/17/10 163-247 163-165 11-20 11 —12. TOTAL APPROPRIATIONS P] rai MR) GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS TRUST & AGENCY $ 59,226.67 $ 1,293.21 $ 3,874.39 $ 23, 689.43 BUDGET MODIFICATIONS GENERAL FUND A March 17, 2010 FROM TO FOR Al 990.400 Al 380.400 From Contingency to Fiscal Agent Bonds Al 990.400 Al 440.407 From Contingency to Engineer —Surveying A1990.400 A8750.400 From Contingency to Ag Dev (FPIG) WATER DISTRICT SW FROM TO FOR SW9710.602 SW9790.600 From Bonds- Lansing Sta to State Loan Lansing Sta Princ Sw9710.702 SW9790.700 From Bonds Lansing Sta to State Loan Lansing Sta Int Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS: Robert Cree: Nothing to report at this time. Kathy Miller: Town Center: AMOUNT 541.00 300.00 250.00 AMOUNT 38,980.00 71940.00 Mrs. Miller informed the Board that the Town Center Committee will have their next meeting on April 13th at 7:00 p.m. in the Town Hall Boardroom. The architects will give a presentation which will show a before and after Town Center. She is very pleased with what she has seen so far and encouraged all to attend the meeting. Connie Wilcox: Art Show: Mrs. Wilcox stated that King Ferry winery would like to set up a table for wine tasting (at no charge) at the Art Show to be held at the Town Hall on May 14th. Mrs. Wilcox asked the Board for their approval. It was the consensus of the Board to allow this as long as the Winery showed proof of event based insurance with a liquor liability 10 add on. They would also be required to obtain an off premises license. The Board was in favor of this. The committee would like to see this as an elegant, classy event. Lansing Park Playground: Mrs. Wilcox stated that this fund raiser was doing great. She thanked Charmange Rumgay and all the others as they are all doing a great job and working hard. She stated that there will be a silent auction and a pasta dinner coming soon. A. Scott Pinney: Nothing to report at this time. Monthly Report: The Supervisor submitted his monthly report for the month of February, 2010 to all Board Members and to the Town Clerk. Town Counsel Report: Sun Path Water: The litigation regarding the Town has come to an end but there is still a water issue. Mr. Pinney stated that he will move forward now that the litigation involving the Town is over. The Board will wait to hear from the residents of that area before they make a decision on which direction to go. Executive Session. RESOLUTION 10 — 70 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting is adjourned to go into Executive Session at 6:52 p.m. to discuss negotiations for removing restrictions on State land on Auburn Road. Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Terminate Executive Session. RESOLUTION 10 = 71 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 7:08 p.m. 11 77 Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Audit Meeting: The Board decided they will meet on Friday, March 26 at 8:00 a.m. to continue with the annual audit. Adjourn Meeting: RESOLUTION 10 — 72 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Cree: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 7:21 p.m. Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. 12