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HomeMy WebLinkAbout2010-08-18153 REGULAR TOWN BOARD MEETING Date: August 18 2010 Time: 6:00 PM Place: Lansing Town Hall Board Room AGENDA 1, 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. Public Hearing - 6:05 p.m. - Proposed Local Law Number 1 of 2010 Electing Retirement Incentive Program Part A 6, Public Hearing - 6:10 p.m. - SEQRA Review of proposed Drainage District #5 Farm Pond Circle 7, Public Hearing - 6:12 p.m. - Approve Final Map, Plan & Report for proposed Drainage District #5, Farm Pond Circle Subdivision 8, Public Hearing - 6:15 p.m. - Proposed Stormwater Management Plan 9, Reappoint Eric VanEvery Environmental Management Council 10. Health Insurance for Library Staff 11. Planning and Engineering Department Report 1. Lansing Commons PDA 2, Warren Road PDA 12. Highway Superintendent's Report 13. Approve Minutes of July 21, 2010 14. Approve Audit and Budget Modifications 15, Board Member Reports 16. Town Counsel Report 17, Executive Session if Needed 188 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 154 Aullust 18, 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 Debbie Crandall Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present 155 Visitors: Jack French, Jeff Overstrom, Ben Gustafson, Dan Veaner, Wayne Matteson, John O'Neil, Steve Cardamone, Pat Pryor, Dave and Joyce Heck, Steve and Peggy Jolly, Marlaine Darfer, Marcy Rice, Kelly Kheel and Ted Laux. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Pat Pryor, County Representative: Intersection at Dunkin Donuts: Ms. Pryor has received phone calls from residents that live near this intersection and they are concerned with the level of traffic and speed near this intersection. She has contacted the County Engineer and encouraged them to work with the State to see if they can place a speed and traffic counter at this intersection. Impact Forms• Ms. Pryor informed the Board that the County has completed their assessment impact forms. They can be found on the Tompkins County website by clicking on the budget link. She encouraged the Board and public to keep an eye on this as the County goes through their budget process and changes are made. The Preliminary Budget comes out in September and will appear on the site. The Public Hearing on the proposed budget will be on Wednesday, November 3, 2010 at 7:00 p.m. in the Legislative Chambers in the County Court House. Everyone is invited to attend the Public Hearing. If anyone has any questions as the process goes on please contact her, by phone, or email. Dave Heck —16 Ladoga Park: Mr. Heck expressed his appreciation to the individuals, volunteers and everyone involved with the Harbor Fest which was very successful. Karen Veaner, director of Community Council, her volunteers, and the Town Employees and Jack French, Highway Superintendent, who saw to it that the intersection was very well mowed. Kelly Kheel —161 Ludlowville Road: Ms. Kheel questioned Health Insurance for Library Staff was on the agenda. She didn't find anywhere in the budget were this appeared. Mr. Pinney stated that they were not providing insurance for the Library Staff. He received an email asking if the Town would consider putting their staff on the Town's 1 156 Health Insurance and then reimburse the Town. They asked that this be included on the agenda Open Public Hearing on the proposed Local Law Number 1 of 2010 Electing Early Retirement Incentive Plan, Part A: RESOLUTION 10 -113 RESOLUTION, offered by Connie Wilcox and seconded by Kathy Miller: RESOLVED, that the Public Hearing on the proposed Local Law Number 1 of 2010, Electing Early Retirement Incentive Plan, Part A is hereby opened at 6: 10 p.m. Vote of Town Board . . Vote of Town Board . . Vote of Town Board. . Vote of Town Board. . Vote of Town Board. . (Aye) Marty Christopher, Councilperson (Aye) Robert Cree, Councilperson (Aye) Kathy Miller, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Mrs. Wilcox explained the Part A of the early retirement incentive. There would have to be at least a 50% savings in order to offer this incentive. The position would be eliminated and the Town will not be rehiring into this position (MEO). Mr. Steve Jolly asked if this early incentive part A was for 54 and out right? Mrs. Wilcox stated yes, that he qualified for this early incentive. Close Public Hearing on Local Law Number 1 of 2010: RESOLUTION 10 -114 RESOLUTION, offered by Connie Wilcox and seconded by Marty Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the proposed Local Law Number 1 of 2010, Electing Early Retirement Incentive Plan, Part A is hereby closed at 6:12 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 Adopt Local Law Number 1 of 2010 — Providing and Adopting NYS Early Retirement Incentive Plan, Part As RESOLUTION 10 -115 RESOLUTION ADOPTING LOCAL LAW 41 OF 2010 — PROVIDING AND ADOPTING NYS EARLY RETIREMENT INCENTIVE PLAN, PART A 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. 4 1 The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this action is a Type II SEQRA Action pursuant to 6 NYCRR Parts 617.5(c)(20) and 617.5(c)(27), and therefore no environmental review is required; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, on the 18th day of August, 2010, to consider the aforesaid Local Law, and all persons interested in the subject thereof were duly heard; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Local Law Number 1 of 2010 be and hereby is adopted, reading in its entirety as follows: LOCAL LAW NUMBER 1 OF 2010 LOCAL LAW TO ADOPT THE 2010 NEW YORK STATE RETIREMENT INCENTIVE PROGRAM The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated August 18, 2010 does hereby adopt and pass this Local Law; accordingly, be it enacted by the Town Board of the Town of Lansing as follows: SECTION l: This Local Law supersedes any prior resolution, rule, procedure, ordinance or Local Law of, or in effect in, the Town of Lansing pertaining to the subject matter hereof, including a prior Local Law enacting the 1985 New York State early retirement incentive plan known as Town of Lansing Local Law Number 3 of 1985. SECTION 2: This Local Law shall apply only to the eligible employees of the Town of Lansing as defined in and as authorized by the New York State Legislature in a law enacted by such Legislature and signed by the New York State Governor, being identified as Chapter 105 of the Laws of 2010. SECTION 3: The Town of Lansing hereby elects to provide all of its eligible employees in designated eligible positions with a retirement incentive program as authorized by said Chapter 105 of the Laws of 2010, Part A. The Town does not elect to provide Part B incentives or options. The following positions are deemed eligible for such retirement incentive program: MEO ( "Motor Equipment Operator "). SECTION 4: The commencement date of the retirement incentive program shall be October 4, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 89 days in length; from said October 4, 2010 until December 31, 2010. SECTION 5: The actuarial present value of the additional retirement benefits payable pursuant to the provisions of said Chapter 105 of the Laws of 2010, and this Local Law, shall be paid as one lump sum, or in five annual installments. The amount of the annual or other payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Lansing for each qualified eligible employee who receives the retirement benefits payable under this Local Law. SECTION 6: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such judgment or determination shall not affect, impair or invalidate the remainder of this Local Law, and shall be confined in its operation and interpretation only to the clause, sentence, paragraph, section or I 157 158 part hereof directly involved in the controversy in which such judgment or determination shall have been rendered. SECTION 7: This Local Law shall take effect immediately upon filing with the New York State Secretary of State, and a copy hereof shall be duly filed with such Secretary of State and the New York State Retirement System, and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted copy of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required Certifications, if any, as follows: (i) in the Office of the Town Clerk; (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the State Records and Law Bureau, Department of State, 41 State Street, Albany, New York 12231); and (iii) with the New York State and Local Retirement System (said filing may be made by delivery to the Office of the New York State Comptroller, New York State and Local Retirement System, 110 State Street, Albany, New York 12244- 0001). The question of the adoption of such proposed Resolution was duly motioned by Connie Wilcox, duly seconded by Marty Christopher, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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. rublic Hearing for the SEOR Review of proposed Drainage District #5 for F Pond Circle: RESOLUTION 10 416 RESOLUTION, offered by Connie Wilcox and seconded by Kathy Miller: RESOLVED, that the Public Hearing for the SEQR Review of proposed Drainage District #5 for Farm Pond Circle is hereby opened at 6:13 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 Mr. Guy Krogh explained the SEQR review process with all present. Close Public Hearing for SEOR review of the proposed Drainage Dis Farm Pond Circle: RESOLUTION 10 -117 RESOLUTION, offered by A. Scott Pinney and seconded by Connie Wilcox: 11 159 RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing for the SEQR review of the proposed Drainage District # 5 for Farm Pond Circle is hereby closed at 6:20 p.m. Vote Vote Vote Vote Vote of of of of of Town Town Town Town Town Board Board Board Board Board ... (Aye) ... (Aye) ... (Aye) ... (Aye) ... (Aye) Marty Christopher, Councilperson Robert Cree, Councilperson Kathy Miller, Councilperson Connie Wilcox, Councilperson A. Scott Pinney, Supervisor Resolution Declaring Determination of Environmental Significance and Negative Declaration for proposed Drainage District #5 (Farm Pond Circle) RESOLUTION 10 -118: RESOLUTION DECLARING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION FOR PROPOSED DRAINAGE DISTRICT #5 (FARM POND CIRCLE) 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS Law and the Town's Stormwater Local Law require 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 approval of permanent infrastructure for stormwater facilities located in the proposed Farm Pond Circle Subdivision, as depicted upon an approved preliminary subdivision plat therefor and in the SWPPP for such subdivision, all pursuant to the Town's Stormwater Local Law; and WHEREAS, the Developer has requested the creation of a Drainage District, and the Town Board has issued a Public Interest Order relative to formation of the said Drainage District #5 and conducted a SEQRA review to examine the environmental impacts of such proposed Drainage District, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan; and WHEREAS, a public hearing to consider the environmental impacts of the proposed action was duly held on August 18, 2010, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject matter were permitted to speak and present evidence for or against the action and /or in relation to the potential environmental impacts thereof, and WHEREAS, environmental impacts identified included the noise, erosion, and dust potentially created during construction, which potential impacts are and will be mitigated by stormwater permitting and review, construction reviews, inspections, permit conditions, on -site stormwater facilities and controls, and limitations upon the of hours of construction, each and all of which impacts are therefore deemed mitigated and non- significant; and 5 160 WHEREAS, other identified potential impacts include an on -site regulated wetland and construction occurring for more than one year due to the phased development plan. As to the first potential impact, such potential impact is and will be mitigated by state and federal permitting authorities and conditions and the project stormwater plan, which specifically mitigates inundation of the wetlands by managing any increase in runoff pursuant to the SWPPP and State General Permits and SPDES discharge permits, such that the impacts upon the wetlands are negligible, mitigated and deemed non - significant. In fact, the stormwater plans show an expansion of the wetland areas, including, for example, doubling the size of an existing unnamed pond, all of which will have positive impacts upon the wetlands and encourage both the preservation of such wetlands and the diversification of species thereupon. The phasing impacts are deemed small to moderate as they will largely be residential development that will be regulated by permitting and stormwater controls during construction, such that said potential impacts are hereby also deemed mitigated and non - significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the input from each and all Involved and Interested Agencies, if any, and the Lead Agency having made a negative declaration of environmental impact; accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2. The Town Supervisor of the Town of Lansing. 3. All Involved and Interested Agencies. 4. Any person requesting a copy. 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) Marty Christopher, Councilperson 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 9 Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Public Hearing to Approve Final Map, Plan and Report for proposed Drainage District #5, Farm Pond Circle Subdivision: RESOLUTION 10 -119 RESOLUTION, offered by A. Scott Pinney and seconded by Kathy Miller: RESOLVED, that the Public Hearing on the approval of the Final Map, Plan and Report for the proposed Drainage District 45, Farm Pond Circle Subdivision is hereby opened at 6:21 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 Mr. Guy Krogh, explained the formation process. The Town conditionally approves the formation of the district. It is now subject to a permissive referendum. Kelly Kheel asked where this was located: Mr. Pinney informed here that it was on Peruville and Collins Roads and showed her a map of the Farm Pond Circle Subdivision. %.lose runnc gearing to Approve Final Map, P] Drainage District #5, Farm Pond Circle Subdivision• RESOLUTION 10 -120 RESOLUTION, offered by A. Scott Pinney and seconded by Connie Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing to approve the Final Map, Plan and Report for proposed Drainage District #5, Farm Pond Circle Subdivision is hereby closed at 6:25 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 Resolution Conditionally Approving Formation of Dra Circle RESOLUTION 10 -121 RESOLUTION CONDITIONALLY APPROVING FORMATION OF DRAINAGE DISTRICT #5 (FARM POND CIRCLE) N 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. 7 161 162 The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS Law and the Town's Stormwater Local Law require 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 approval of permanent infrastructure for stormwater facilities located in the proposed Farm Pond Circle Subdivision, as depicted upon an approved preliminary subdivision plat therefor and in the SWPPP for such subdivision, all pursuant to the Town's Stormwater Local Law; and WHEREAS, the Developer has requested the creation of a Drainage District, herein Drainage District #5, 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 #5, and it appears that the request is in compliance with required Town procedures established under Town Law Article 12 -A; and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Farm Pond Circle Subdivision, and had previously authorized the preparation of a map, plan and report ( "MPR ") by Resolution 10 -89, and no objection to such resolution having been received, and no request for a referendum having being filed or received, and the Town Board having reviewed and accepted the MPR as prepared and submitted by the Town Engineer as final, which said MPR is and has been on file at the Town Clerk's Office for review; and WHEREAS, the Town Board duly issued an Order under Town Law §209 -d and determined that (i) the final Map, Plan and Report complies with the requirements of Town Law, and (ii) it is in the public interest and to the benefit of all parcels in the proposed district to establish the Town of Lansing Drainage District #5, and (iii) all benefited parcels are included, and no benefited parcels were excluded, from such district; and WHEREAS, a Public Hearing was duly held upon August 18, 2010, 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 a portion of tax parcel number 38. -1 -4.12, being approximately 47.82 acres, as shown upon the Farm Pond Circle Subdivision Map drawn by Wayne C. Matteson, Jr., P.E., as dated April 10, 2010, as on file at the Town Clerk's Offices; (2) the proposed improvements consist of 3 stormwater retention ponds, a series of vegetated swales and ditches to convey stormwater to pond fore bays, and other related stormwater facilities and drains, all of which are set forth upon the Farm Pond Circle Subdivision Plat (and in the SWPPP); (3) all costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law, NYSDEC GP- 0010 -001, and the Developer's SWPPP; (4) the Town's maintenance responsibilities include inspections, sediment and debris removal, vegetation management, animal and nuisance management; erosion control; and structural repairs, all to be performed pursuant to dedicated easements and rights -of -way to the Town and the District for normal maintenance and emergency access, with the Developer to maintain all ponds and related structures pursuant to the SWPPP and SPDES permit requirements, and the Drainage District to maintain all roadside (and other) ditches and vegetated swales - all as set forth in the MPR; (5) the estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (6) there is no hook -up cost for or to the drainage district; (7) there is no financing needed for this project; (8) the Map, Plan and Report are and have been on file for public review and inspection at the Office of the Town Clerk in accord with law; (9) a public hearing upon such proposed district was duly held as required by law upon August 18, 2010 at the Lansing Town Hall; and (10) the MPR describes in detail how the financing, hook -up costs, and other costs and expenses of the proposed drainage district were estimated and computed, including the first year's estimated average maintenance 0 cost of $70.52 per parcel (with actual costs varying per parcel size from a low of $31.00 to a high of $263.00); such costs to be paid through special benefit assessments for the benefited parcels of the proposed district and 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 August 18, 2010, and considered the environmental impacts of the proposed district in light of the EAF, the Town's Comprehensive Plan, the Town's Land Use Ordinance, the comments from any Involved or Interested Agencies, if any, and comments from landowners and the public, if any, and after due deliberation thereupon and an identification of any potential environmental impacts, the Town Board duly made a Negative Declaration of environmental impact; and WHEREAS, the Town desires to proceed towards the establishment of Drainage District #5 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith, and upon due deliberation, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed Drainage District #5 are benefited thereby; (iii) all benefited properties and property owners are included within the said District; and (iv) the establishment of Drainage District #5 is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of Town of Lansing Tax Parcel Number 38. -1 -4.12, encompassing all lots within the Farm Pond Circle Subdivision as shown on the Map and real property metes and bounds descriptions as on file at the Town Clerk's Office; to which reference is hereby made and which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the establishment of Town of Lansing Drainage District #5 be and hereby is approved; and it is further RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7. The question of the adoption of such proposed Resolution was duly motioned by Robert Cree, duly seconded by Connie Wilcox, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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. Public Hearing on Proposed Stormwater Management Plan: RESOLUTION 10 -122 RESOLUTION, offered by A. Scott Pinney and seconded by Connie Wilcox: RESOLVED, that the Public Hearing on the proposed Stormwater Management Plan is hereby opened at 6:26 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Robert Cree, Councilperson Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson 163 164 Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor Mr. Jeff Overstrom explained the New York State mandated program for Stormwater Control. The Town is required to have a Stormwater Management Program in place which is a living document and to be reviewed annually. Close Public Hearing on proposed Stormwater Management Plan: RESOLUTION 10 423 RESOLUTION, offered by A. Scott Pinney and seconded by Marty Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the proposed Stormwater Management Plan is hereby closed at 6:30 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 Resolution Approving and Adopting the Stormwater Management Plan: RESOLUTION 10 -124 RESOLUTION APPROVING AND ADOPTING TOWN OF LANSING STORMWATER MANAGEMENT PLAN 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board has reviewed and approved the 2010 Stormwater Management Report and now, in compliance with law, must implement a regular Stormwater Management Plan in accord with the requirements of the DEC, and a proposed plan has been developed by the Planning Department; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, upon the 18th day of August to consider the aforesaid Stormwater Management Plan, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Stormwater Management Plan be and hereby is approved, and the Planning Department be and hereby is authorized to implement the same, with due and regular reporting thereupon to the Town Board, including, but not limited to, the filing of required annual stormwater reports. III: 165 The question of the adoption of such proposed Resolution was duly motioned by A. Scott Pinney, duly seconded by Kathy Miller, and put to a roll call vote with the following results: Vote Vote of of Town Town Board. Board. Vote Vote Vote of of of Town Town Town Board. Board. Board. (Aye) Marty Councilman, Councilperson (Aye) Robert Cree, Councilperson (Aye) Kathy Miller, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Reappoint Eric VanEvery to the Environmental Management Council: RESOLUTION 10 -125 RESOLUTION RE- APPOINTING ERIC VANEVERY TO NEW TERM UPON ENVIRONMENTAL MANAGEMENT COUNCIL 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, there will be a vacancy upon the Environmental Management Council ( "EMC ") due to the expiration of the 2 -year term of Eric Van Every, and current member Eric VanEvery desires to continue in his role there; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that upon the expiration of his existing term, Eric Van Every be and hereby is re- appointed to the EMC, to serve a full term thereat. The question of the adoption of such proposed Resolution was duly motioned by Connie Wilcox, duly seconded by Robert Cree, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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. HEALTH INSURANCE FOR LIBRARY STAFF: Marlaine Darfler stated that the issue she has brought up to the Town Board is the health insurance for the librarian not the library staff. In the past two years the librarian, Susie Guttenberger has been provided with insurance through Healthy New York. Starting in January of 2011 she will no longer qualify for this insurance. 11 •i By January the library will need to find a different option. The first hope is to go through the Lansing Central School District. It is a school district library and it seems to make sense. Two years ago the school district said no, but they are now considering it through TCT BOCES. This is set to appear on their fall agenda. Ms. Darfler stated that Groton is the only other school district library in the county and their library does receive benefits through TCT BOCES. It would be a very good policy. They do not have an exact cost at this time but Healthy New York is a very expensive policy Sharon Bowman has provided her with the details of the Town's policy. The Town's monthly premium is exactly what the library pays for their Healthy New York policy, but the $6,000.00 deductible Town employees have would be an issue. The bottom line for the librarian is that it is not a particularly high paying job, but to have the benefits helps guarantee that they are going to keep people. It will become a very attractive job with a mediocre salary and good benefits. Ms. Darfler asked what the legality of including a library employee on the Town's policy would be. She indicated that the library will cover all the costs of the policy for the librarian. Scott Pinney stated that the library is its own taxing entity and the Town certainly should not get involved in giving benefits to other entities. Ms. Darfler asked the Board for any suggestions or avenues they can take in finding a policy. Connie Wilcox suggestion was do go through the school district first. She is not in favor of have the Town offering this. She also suggested contacting Tompkins Insurance at Tompkins Trust Company, which provides insurance for the Town. Kelly Kheel stated that she buys her own insurance through Blue Cross, Blue Shield like most private employers do. If the librarian is making too much to qualify for Healthy New York perhaps she can afford to buy insurance herself. Ms. Darfler stated that a lot of libraries do not have a full time librarian so it is only an issue for a few. Town Attorney, Guy Krogh stated that legally the Town can not offer the Town's insurance. PLANNING and ENGINEERING DEPARTMENT REPORT: Warren Road Sewer District: Jeff Overstrom informed the Board that with the Warren Road Sewer District being formed and under construction, there has been a lot of interest for connections and construction. Lucente Village Circle is adding more units in that area along with Steve Cardamone's Development on Warren Road. Lansing Commons PDA: Jeff Overstrom informed the Board that Ron Seacord is trying to move forward with Lansing Commons PDA. He is unable to move forward with his original PDA due to the cost restriction of the stand alone sewer system. Mr. Seacord has presented a Modified Lansing Commons PDA. This will decrease the number of lots from 36 down to 17, creating ' /z acre lots with private septic systems and all the other proposed utilities. This doesn't create the density of the other PDA, however the Town Board being the ultimate approving agency of the original PDA plan Mr. Overstrom is bringing it back to the Town Board for their review and comments on the proposed new PDA. 12 It was the consensus of the Town Board that they are disappointed that the original PDA did not go through. The Town Board favored the original high density plan and were disappointed that everyone could not of worked together to make the original plan happen. The Town Board advised Mr. Overstrom that the new modified plan needs to follow the amending process and go back to the Planning Board. Warren Road PDA. Ben Gustafson, Project Engineer and Designer of Hunt Engineers presented the following proposed Warren Road PDA. Mr. Gustafson gave an overview of the following map and requested the following waivers: WARREN ROAD SUBDIVISION EM ton =rA�l �. w 13 167 168 August ti, X16 mrr" F qii� vtlij�; 0 Lensing. NY 1482 Re: W&1VwObrES9MWWWkM 01PdVats Road • CI 4000" A;672�7111"T-1 -'. A I I ttt V. tr C';; 1 I- bfYi i -a ..i �f Ml l• ♦ 1 :a it H i . ♦.': i ....� . •'4- r 121 2019M I'.,...4M 1 I W .:: d -. lc • I t+ °i 10 PF 1 F Me Town WoNway Supemsor during the ocraxV subrNsslon ti) the I% Board. We would be happy to MMV skwwoyx HURT E 3, CH & LAND SURVEYORS, PC 4 !S 1 is .p •• 'd: Op'. . M*. 14 0 k p v AAA N 1 are } [j ai P W Ifl w11 4 61 Ift aw % n 7? ro i� F a � F I� " A[� A V 10 1 � F It Mr. Gustafson requested the SEQR process and that the Town Board apply and establish themselves as Lead Agency and coordinated review at this time. So when this comes back to the Town Board for approval they could do the final SEQR and not have to have an administrative delay. Guy Krogh, Town Attorney asked if they were requesting if the Town Board do the SEQR in advance of the formal recommendation of the Planning Board? Mr. Gustafson replied that it would be the Town Board applying to be the Lead Agency in anticipation of the Planning Boards review on behalf of the Town of the Environmental Impact. Guy Krogh explained the process and that there is a risk to the developer if there is a change to the PDA. The Town Board highly favored and recommended the proposed plans and waivers and no formal action by the Town Board is needed at this time. These will now go back to the Planning Board. OR 169 170 Set Public Hearing for Proposed Local Law Number 2 of 2010: Fireworks Local Law: Jeff Overstrom has been working with Guy Krogh on a Local Law to permit public fireworks in the Town of Lansing. The NYS Department of Labor has taken control of these firework displays and they have put the burden on the individual municipalities for permitting fireworks. The NYS Department of Labor has met with Mr. Overstrom because a private fireworks display was performed in the Town of Lansing by a licensed technician without a permit. Mr. Overstrom recommends that the Town Board set a Public Hearing for the proposed Local Law Number 2 of 2010: Fireworks Local Law, RESOLUTION 10 -126 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW NUMBER 2 OF 2010; FIREWORKS LOCAL LAW 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, in 2009 NYS passed legislation (New York State Laws of 2009, Chapter 57, Part CC) permitting public and private displays of fireworks, as regulated by Penal Law §§ 270.00 and 405.00, to be administered by regulations and inspections of the NYS Department of Labor; and WHEREAS, due to such legislation, and a recent NYS Attorney General's Opinion, it was determined that all Towns must have compliant fireworks permitting laws and /or systems in place; and WHEREAS, the Town has developed a proposed permitting system to be regulated by local law, which Local Law, in general terms: (i) applies to the manufacture, ownership, possession, storage, use, transportation, purchase, sale, or gift of explosives and pyrotechnics; (ii) defines key terms, such as "explosives" and "pyrotechnics "; (iii) prohibits certain aspects of use and the possession of fireworks, except when permitted and when possessed or used in accord with NYS law and regulations governing the same; (iv) establishes a Town permit system for the application, review, and issuance (or denial) of permits, with rights of appeal; (v) requires insurance, bonds, and other indemnity for the Town and others damaged by any fireworks display or usage; and (vi) provides for the criminal and civil enforcement of the Local Law by graduated fines and penalties based upon the existence of any prior convictions or determination; and WHEREAS, this action is classified as a Type II SEQRA Action pursuant to 6 NYCRR Parts 617.5(c)(20) and 617.5(c)(27), and therefore no environmental review is necessary or required; and WHEREAS, upon due deliberation thereon, the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of September at 6:05 p.m. to consider the aforesaid Local Law, and to hear all persons interested in the 16 subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy hereof on the Town signboard maintained by the Town Clerk, in accord with law, including, specifically, the requirements of Municipal Home Rule Law § 20(5). The question of the adoption of such proposed Resolution was duly motioned by Marty Christopher, duly seconded by Robert Cree, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Martin Christopher, Councilperson 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. Code Office Monthly Activity Report July, 2010 Planning Board - July 12, 2010 • Public Hearing on SEQR & Application for Site Plan Review -12 Unit Apartment, Rocco Lucente, Village Circle, Tax Parcel # 39. -1 -3892 Approved • Site Plan & SEQR Review -JCM Tire Sales & Used Car, 17 Peruville Road, Tax Parcel # 37.1 -2 -19 - Approved w/ conditions • Resolution Approving w/ Conditions of Final Plat, Farm Pond Circle Subdivision, Collins Road, Tax Parcel # 38044.122 • Approval of June 14, 2010 Minutes as amended zBA - July 20, 2010 • Public Hearing for: Area Variance, Applicant: Constance Neff, Algerine Road, Tax Parcel # 15. -1 -33.14 & .15 - Variance Denied Fire Safety Inspections & Re- Inspections Total: 2 Construction Inspections Total: Approximately: 73 Operating Permits Issued Total: 1 New Addresses Issued for 2010 Total: 11 Notice of Fire Year to Date Total: 7 17 171 172 Expired Permit Notices First Notices: 9 Second Notices: 5 Renewed Permits -9 Renewed Permits YTD - 38 Consider Local Law Amending and Superseding the Application of Town Law Section 271 to Permit the Appointment of Alternate Members to the Planning Board of the Town of Lansing: Scott Pinney stated that this proposed Local Law should also include the Zoning Board of Appeals. He asked the Board to review it and it will be discussed at the Regular Town Board meeting on September 15tH HIGHWAY DEPARTMENT REPORT: Jack French, Highway Superintendent reported the following to the Board: Hot Mix Paving & Stone and Oil: The blacktop plant in Lansing opened up and today they finished hot mix paving Dates Road. They will be moving on to Farrell Road, Stonehaven, Brookhaven, and Belvedere on Monday. They will be stone and oiling 6 '/z miles of roads throughout the Town. Warren Road Sewer Proiect: The project is halfway up Cherry Road on their way towards Warren Road. A full time inspector from the Highway Department is on the scene of the job all day long. Swapping County Roads for Town Roads: About a year ago Jack had talked to the Board about the County's request to swap some County Roads for Town Roads. One of his priorities was the County had to bring Milliken Station Road up to Town specs and they are in the process of doing this. Once this is done they would like to swap the following: County would take: Farrell Road - 1.03 miles North Lansing School Rd - 1.37 miles Town in return to take: East Lansing Road - 1.22 miles Milliken Station Road - .79 miles Buck Road (from Vanostrand to Scofield) - .76 miles Mr. French is in favor of this request. Farrell Road is the second heaviest traveled road with many water issues. The roads that the Town would be taking over are low maintenance with low volume travel. It was the consensus of the Town Board that they are preliminarily in favor of the County's request. Mr. French will have the paper work from the County for the September 15th Town Board meeting. Water on East Shore Drive: Mr. French is still waiting to hear from the New York State Department of Transportaion on the Town's permits. Negotiated Work Plan from Bolton Point: Mr. Pinney informed the Board that this is a negotiated work plan that was done in 1994. The work plan includes hydrant and valve maintenance. This maintenance m work is currently being done by the Town of Lansing Highway Department. Bolton Point is talking about hiring a new employee to do the maintenance of the hydrants. The infrastructure is owned by the Town of Lansing. The Town has maintained 339 hydrants and they have not been maintained in the last 30 years. After further discussion it is the consensus of the Town Board to give the Commissioners, Scott Pinney and Connie Wilcox direction to renegotiate a new work plan with Bolton Point in regards to the maintenance of the fire hydrants. Robinson Road: Scott Pinney and Jack French have received a request from Mr. and Mrs. Morris in regards to Robinson Road. They have received a packet that Mr. Pinney will give to Town Board members to review and discuss the information at the next Town Board meeting on September 15t ". APPROVE MINUTES: A copy of the minutes of July 21, 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 10 -127 RESOLUTION, offered by Connie Wilcox and seconded by Robert Cree. RESOLVED, that the minutes of July 21, 2010 are hereby approved as submitted. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 and BUDGET MODIFICATIONS: RESOLUTION 10428 RESOLUTION, offered by Robert Cree and seconded by Kathy Miller. RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 008 DATED AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND GENERAL FUND HIGHWAY FUND 8/18/10 742-875 742-744 85 — 95 85-87 TOTAL APPROPRIATIONS $ 78,309.52 $ 35,613.90 19 173 174. FROM LANSING LIGHTING LANSING WATER DISTRICTS TRUST & AGENCY WARREN RD SEWER DEBIT SERVICE TO SW1990.400 SW8310.402 $ 2,310.46 $ 103,757.23 $ 24,590.14 $ 97,475.68 $ 0.00 BUDGET MODIFICATIONS WATER DISTRICT SW FOR AMOUNT From Contingency to Water Admin Legal 55000.00 Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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: Marty Christopher: Marty Christopher recommends that the Town Board make the month of October Domestic Violence Awareness Month on behalf of the Emily Fund. Kelly Kheel was not opposed to this resolution, but she was concerned that you would have to recognize all requests. After further discussion the following resolution was adopted. RESOLUTION 10 -129 RESOLUTION DECLARING OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor Martin Christopher, Councilperson Robert Cree, Councilperson Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, domestic violence is a serious crime that affects people of all races, ages, gender, and income levels; and WHEREAS, domestic violence is widespread and affects over 4 million Americans each year; and WHEREAS, one in three Americans have witnessed an incident of domestic violence; and 20 [7 WHEREAS, children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and WHEREAS, domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absenteeism, and non - productivity; and WHEREAS, only a coordinated community effort will put a stop to this heinous crime; and WHEREAS, Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims; NOW, THEREFORE, THE TOWN OF LANSING, does hereby proclaim the month of October as DOMESTIC VIOLENCE AWARENESS MONTH and urge our citizens to work together to eliminate domestic violence from our community. The question of the adoption of such proposed Resolution was duly motioned by Marty Christopher, duly seconded by Robert Cree, and put to a roll call vote with the following results: Vote of Town Board. . Vote of Town Board . . Vote of Town Board.. Vote of Town Board. . Vote of Town Board. . Robert Cree: Nothing to report at this time. Kathy Miller: Town Center: (Aye) Marty Christopher, Councilperson (Aye) Robert Cree, Councilperson (Aye) Kathy Miller, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) A. Scott Pinney, Supervisor Kathy informed the Town Board that she has picked up drawings on the proposed Town Center from the Architect. She will be displaying them at the Farmers Market on August 28`h Gas Drilling: James Mason, Chairman of the Committee has taken a job in Tennessee. Mrs. Miller will be the temporary Chairman of the Committee. She will also be attending the TCCOG meetings. Connie Wilcox: Technology Committee: The Committee has received a proposal from Time Warner for the phones, and road runner. The proposal will be a consolidated bill with a cost savings of $1,700.00 a year. The current monthly total from Verizon is $907.50 compared to $816.32 from Time Warner. This includes the Highway Garage and the Town Hall. The bill would no longer have to be broken down as it is currently. 21 175 176 Lansing Housing Authority: The Housing Authority had their annual chicken barbeque and raised $3,000.00. They are completing work on the Baker Memorial Garden. They have put in raised beds for the residents to have their vegetable gardens. Harbor Festival. The Harbor Festival was very successful. She attended the dedication of the Log Cabin. With the help of the Community Council and all the donations with no taxpayer's money, the log cabin looks great. There we actual descendants from the North Family as far away from Michigan, wearing t- shirts they had made attending the dedication. A. Scott Pinney: Monthly Report: The Supervisor submitted his monthly report for the month of July to all Board Members and to the Town Clerk, Town Counsel Report: Self Contained Appraisal Report: Guy Krogh reminded the Town Board that they need to do a Self Contained Appraisal Report on the State Land. The deadline by law is October 9, 2010 at which time a formal application is due to the Commissioner of NYS Office of General Services. He has three copies of the report to be reviewed by the Town Board. Work Place Violence Assessment and Plan for the Town of Lansing Workplace Violence Prevention Program: RESOLUTION 10 -130 RESOLUTION APPROVING CONTRACT WITH HR INNOVATION RE WORKPLACE VIOLENCE ASSESSMENT AND PLAN FOR THE TOWN OF LANSING WORKPLACE VIOLENCE PREVENTION PROGRAM 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 18th day of August, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: none. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS mandated that municipalities have certain workplace violence policies, laws, procedures, and other related requirements in place, and that the same be periodically updated and reviewed by the Town, independently and through its appointed "Threat Assessment Team "; and 22 1 WHEREAS, by Local Law 41 of 2007, the Town adopted a Workplace Violence Local Law and implemented certain procedures and requirements as imposed by law, as well as such additional policies and procedures as were then deemed beneficial to the Town, its employees, residents, and properties; and WHEREAS, the Town has a need to have the workplace violence protection program and plans updated, implemented, reviewed, and improved by a professional consultant, all with a further need for qualified employee training as required by NYS Law and the NYS Department of Labor; and WHEREAS, the Town has solicited several estimates from qualified individuals and groups to provide such professional consulting and training services, and upon a review of each of the same the Town has selected HR Innovation for such services; and WHEREAS, upon review and discussion of the matter the Town Board of the Town of Lansing has hereby RESOLVED, that the agreement proposed by HR Innovations for professional services be and hereby is approved in the amount of $3,650.00 (inclusive of training services), and the Supervisor and /or Deputy Supervisor be and are hereby authorized to execute such agreement by, for, on behalf of, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Marty Christopher, duly seconded by Robert Cree, and put to a roll call vote with the following results: Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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. EXECUTIVE SESSION: RESOLUTION 10 -131 RESOLUTION, offered by A. Scott Pinney and seconded by Marty Christopher. RESOLVED, that the Regular Meeting is adjourned to go into Executive Session at 7:50 p.m. to discuss Rachael Davis's threatening letter and harassment charges based on renewing building permits. Also, to discuss the Crossroad's letter, in regards to the payment of the MP3 Playground Committee negotiations and possible litigation. Vote of Town Board ... (Aye) Marty Christopher, Councilperson 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 10432 RESOLUTION, offered by Marty Christopher and seconded by Connie Wilcox. RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 8:50 p.m. Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Robert Cree, Councilperson 23 177 178 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 ADJOURN MEETING: RESOLUTION 10 -133 RESOLUTION, offered by A. Scott Pinney and seconded by Connie Wilcox. RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 8:52 p.m. Vote of Town Board. (Aye) Marty Christopher, Councilperson 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 Deputy Town Clerk. 24