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HomeMy WebLinkAbout2010-09-15REGULAR TOWN BOARD MEETING Date: September 15, 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 #2 of 2010 - Fireworks Local Law 6, Lansing Recreational Pathways Committee Proposal 7. Resolution - Support for Creation of a County Animal Population Control Program 8. TCCOG - Liaison Officers 9, Robinson Road 10, Franziska Racker Center Project 11, State Land Offer to Eliminate Restrictions 12. Consider Public Hearing on Local Law #3: Appoint Alternate Town of Lansing Planning Board and Zoning Board of Appeals Member 13. Planning and Engineering Department Report 14, Highway Superintendent's Report 15. Parks and Recreation Department Report 16. Approve Minutes of August 15, 2010 17. Approve Audit 18, Board Member Reports 19. Town Counsel Report 20. Executive Session if Needed 21. 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 1 179 I : 1j September 15, 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: Jack French, Jeff Overstrom, Steve Colt, Dan Veaner, Maureen Cowen, Dale Baker, John O'Neill, Linda Westlake, Claes Nyberg, Reenie Sandsted, Pat Montanez, Rick Darfler, Robert Hollenback, Ted Laux and a couple of other people. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR, LANSING RECREATIONAL PATHWAYS COMMITTEE PROPOSAL: Maureen Cowen read the following letter: Proposal to Town Board from the Lansing Recreational Pathways Committee LRPQ September 13, 2010 Submitted by the Lansing Recreational Pathways Committee: Maureen Cowen, Chair, Dale Baker, Lawrence Cathles, Marcia Herrick, Ruth Hopkins, Roger Hopkins, Renee Sandsted, Linda Westlake, members. We want to thank the Town Board for approving the initial plans for our group and supporting our group as a Lansing citizen committee. We have been working hard to prepare and prioritize the tasks required to help the town move forward with pathways. During the past months we have continued to gather citizen input by talking with folks around the town and by talking with folks at Harbor Fest and several Lansing public markets. We've learned that trails are highly desired, that most citizens appreciate the value they bring to the community and recognize the urgency of planning and securing access rights for non - motorized transportation and recreation use trails as the town develops. We've learned that towns across the country are recognizing the importance and value of footpaths and multi use trails and are moving quickly to develop them. In fact, we've learned from other towns that trails increase quality of life within the community and when quality of life improves, so do property values! We've talked about the meaning of trails, paved multi use trials, nature trails, trails for skateboards bikes, and walkers ... all non - motorized mechanisms of transportation. Within our committee we've defined pathways to mean human 1 181 182 powered transportation or recreational use routes of two primary types: those that are simply footpaths and those that are more multi use trails, sometimes paved. We have also spent many hours researching potential pathway routes, worked with the County Transportation Council to prepare concept pathway maps, attended Transportation Council meetings to strengthen our ties to future transportation funding possibilities, represented Lansing in the National Trail Day events, and met with potential grant makers as we continue to gain information on funding possibilities. Based on what we've learned, we believe trails need to be a priority part of the town's planning process so that our community can reap the benefits of trails in the future. We believe that trails need to be factored into the town designs, and trail access and rights of way need to be part of the town planning and permitting process. So, how do we do this? 1. We need to include trails in the land use planning and development permitting processes. 2. We need to evolve overtime a CONNECTING set of trails and footpaths for transportation both by working within the planning process and by working with willing landowners. We are here this evening to ask that the Lansing Town Board take the following actions. 1. We ask the Town Board to agree that it is desirable to develop a conceptual trail network that can guide and prioritize the acquisition of trail rights of way in the discussions the town will have with landowners and developers who seek to develop land, and we ask that the Town Board charge the LRPC to develop such a conceptual plan and modify it on a continuing basis as rights of way are secured. 2. We ask the Town Board to authorize the LRPC to have initial discussions with willing landowners when the LRPC submits specific trails to the Town Board and the Town Board agrees that these trails are desirable. a. We request at this time that the Town Board endorse two trails so the LRPC can proceed to identify and begin discussions with willing landowners. These are 1, a trail to connect the Town Center West to the schools and Myers Park and East toward Xtra Mart and on to the Jensen development, and 2. a trail to connect the Town Center South to the Skate Park, the Village, and the City of Ithaca and North to town lands. b. We ask the Town Board agree to be proactive in working with LRPC in conjunction with landowners on such easements, and to supportively address future issues of liability and maintenance should the town decide to construct the trails. 3. We ask that the Town Board be proactive in obtaining access and rights of ways to pathways in all new subdivisions (2 or greater), developments, and PDA's. We ask the Town to do this by including trail consideration early in the town planning review and permitting processes. Specifically, we ask that the 2 183 LRPC is solicited for recommendations for pathways in each development that comes before the town for permitting. If the development /subdivision lies near a major connecting route we ask that a meeting between the developer and the LRPC be required in order to outline the possible locations of easements for future trail development. 4. We ask the town to continue their support for grant funding when grants become available to develop the Town Center trailhead from the Town Hall to Woodsedge, the project begun by Steve Colt two years ago. To facilitate the above proposals we request that the Town Board: a) Assign a representative from the Town Board to serve as a liaison to LRPC and to facilitate committee efforts. b) Instruct the town Planning Office to notify LRPC of all Planning Board packets and to make copies of packets available to LRPC upon request. c) Create any necessary resolutions for Town Board approval that will foster pathways in Lansing. The Board stated that they support all aspects of the plan. It was decided that the Town Board liaison to the Planning Board, Robert Cree will keep the committee updated on all new developments. The following resolution was then adopted: APPROVE LANSING RECREATIONAL PATHWAYS REPORT AND RECOMMENDATIONS: RESOLUTION 10- 134 RESOLUTION APPROVING LANSING RECREATIONAL PATHWAYS COMMITTEE REPORT AND RECOMMENDATIONS AND IMPLEMENTING POLICIES REGARDING THE SAME 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, 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 Lansing Recreational Pathways Committee ( "LRPC') has reviewed and developed proposals and plans to begin implementation of the first phases of developing pathways for pedestrians, bicycles, and other non - motorized modes of travel in and around the Town of Lansing; and WHEREAS, the LRPC had gathered citizen input and determined that walking and recreational trails are highly beneficial to the Town and its residents; and the Town Board so agrees and declares the creation of planned pathways as being in the public interest; and 3 i ON F . WHEREAS, the LRPC has spent many hours researching potential pathway routes, worked with the County Transportation Council to prepare concept pathway maps, attended Transportation Council meetings to strengthen ties to future transportation funding possibilities, represented Lansing in the National Trail Day events, and met with potential grant makers relative to pathway development within the Town of Lansing; and WHEREAS, the LRPC has communicated and proposed policies and procedures to integrate the consideration of pathways in the Town of Lansing as part of the planning and other processes relating to land development, zoning, and other areas of law; and WHEREAS, upon review and discussion of the matter the Town Board of the Town of Lansing has hereby RESOLVED AND DECLARED, that the development of pathways, and the consideration of pathways, be and hereby are deemed and held to be in the public interests of the Town of Lansing and its citizens; and it is further RESOLVED, that the Town Board directs that its various Department Heads consider pathways in their projects, assess the viability and benefits of pathways in their deliberations, and consult with the LRPC for input and advice as to the inclusion, funding, construction, and approval of pathways as part of their deliberations and permitting processes; and it is further RESOLVED, that the Town Board asks that the Planning Board consider implementing pathways in site plan reviews, PDA reviews, subdivision reviews, and in other applicable areas, to assess the viability and benefits of the same in their deliberations, and consult with the LRPC for input and advice as to the inclusion, funding, construction, and approval of pathways as part of their deliberations and approval processes; and it is further RESOLVED, that the Town Board further charges the LRPC with developing a conceptual and interconnected trail and pathway system, and to periodically review and update the same, by and for the Town of Lansing, and work with the Town and its Officials and Boards to implement and fund the same, whether through grant funding or otherwise; and it is further RESOLVED, that the Town Board hereby endorses two proposed trails and directs the LRPC to proceed to identify and begin discussions with willing landowners and find and propose funding opportunities for the same; such initial pathways being described generally as follows: (i) a trail to connect the Town Center West to the schools and Myers Park and East toward Xtra Mart and on to the Jensen development; and (ii) a trail to connect the Town Center South to the Skate Park, the Village of Lansing and the City of Ithaca, and North to town lands; each as shown upon the preliminary conceptual maps submitted to the Town Board; and it is further RESOLVED, that the policies of the Town shall be amended and implemented to require that the Officials and Departments of the Town consider pathways and solicit input and opinions from the LRPC relative to pathways in each development, permit, and project undertaken for consideration or permitting; and the Town Board further requests that the Planning Board assign a liaison to the LRPC (or accept a LRPC liaison to work with the Planning Board, as an advisor), work with and consider the recommendations of the LRPC relative to projects throughout the Town of Lansing, particularly those projects near a major connecting route, and consider meeting with the LRPC, and requiring developers to meet with the LRPC, to address and discuss pathways as a part of projects and permits within the Town of Lansing; and it is further 0 185 RESOLVED, that the Planning Department notify LRPC whenever a new project, such as a PDA, site plan, special permit, or subdivision, comes before the Department or the Planning Board so that LRPC may review and consider the same and make recommendations to the Town, its Officials, and its Boards, regarding the same; and it is further RESOLVED, that the Town Supervisor, and /or the Deputy Supervisor, be and each is hereby empowered to take such further actions to implement this Resolution as are permitted by law. 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. OPEN PUBLIC HEARING - PROPOSED LOCAL LAW NUMBER 2: RESOLUTION 10- 135 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Cree: RESOLVED, that the Public Hearing on the proposed Local Law Number 2 of 2010, Fireworks Local Law is hereby opened at 6:17 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 PROPOSED LOCAL LAW NUMBER 2 OF 2010: RESOLUTION 10- 136 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on the proposed Local Law Number 2 of 2010, Fireworks Local Law is hereby closed at 6: 18 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 Mr. Pinney stated that he did not agree with the Proposed Local Law as he felt the Town should use the Rules and Regulations that New York State just passed with Mr. Overstrom enforcing them. The rest of the Board agreed and the following Resolution was offered: 5 186 AUTHORIZE JEFF OVERSTS REGARDS TO FIREWORKS: ICS RESOLUTION 10- 137 L11 RESOLUTION APPOINTING DIRECTOR OF PLANNING AND ENGINEERING AS FIREWORKS PERMIT OFFICER fL 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. 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, New York State Laws of 2009, Chapter 57, Part CC, was adopted in 2009 and requires the Town of Lansing, as a defined permitting authority, to implement a system for the issuance of fireworks permits; and WHEREAS, the NYS Department of Labor has implemented regulations governing the same, and has provided model forms to use for the review and issuance of fireworks permits; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Director of Planning and Engineering (Jeff Overstrom), be and hereby is appointed as the Town of Lansing Fireworks Permitting Officer, and that he be and hereby is directed to utilize NYSDOL regulations and forms to review applications and issue fireworks permits in accord with such DOL Regulations; and such Officer be and hereby is further authorized to designate other employees of the Town as assistants, as he deems in the best interests of the Town, to assist in the review and issuance of such applications and permits. The question of the adoption of such proposed Resolution was duly motioned by 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. SUPPORT FOR COUNTY ANIMAL POPULATION CONTROL: RESOLUTION 10 —138 Ce RESOLUTION AUTHORIZING TOMPKINS COUNTY ANIMAL POPULATION CONTROL 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, 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 NYS 2011 Budget Legislation contains new legislation concerning dog licensing and the creation of an Animal Control Population Fund; and WHEREAS, NYS has mandated that the Town collect fees to fund the animal population control programs of the State, thus requiring a surcharge of $3.00 per license per unaltered dog and $1.00 for each altered dog (altered and unaltered referring to "spayed" and "neutered "); and WHEREAS, such legislation gives a County the authority to create its own Animal Population Control Program, thereby receiving the Animal Population Control funds collected within such County; and WHEREAS, The Tompkins County SPCA and the Tompkins County Town Clerks' Association have expressed a desire to create a plan for a Tompkins County Animal Control Program; and WHEREAS, the Tompkins County Administrator has indicated that the County is in favor of such a plan and the Tompkins County SPCA, being an authorized entity under such legislation and the Agriculture and Markets Law, is interested in managing such program with or for the County; and WHEREAS, the Lansing Town Clerk has reviewed such proposal and recommends that the Town of Lansing support such County -wide program; and WHEREAS, upon review and discussion of the matter the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing supports the creation of a Tompkins County Animal Population Control Program, and hereby designates and appoints Bonny Boles, Lansing Town Clerk, to represent the interests of the Town of Lansing in the creation of such program, with any such program being and remaining subject to the final approval of the Town Board. The question of the adoption of such proposed Resolution was duly motioned by Mrs. Wilcox, duly seconded by Mrs. 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 7 187 • e Accordingly, the foregoing Resolution was approved, carried, and duly adopted. TCCOG — LIAISON OFFICERS: RESOLUTION 10 —139 RESOLUTION APPOINTING KATHY MILLER AS LIAISON OFFICER TO TCCOG AND MARTY CHRISTOPHER AS ALTERNATE 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, due to the Tompkins County Council of Governments ( "TCCOG ") extensive review of oil and gas issues, and due to Kathy Miller volunteering to be lead liaison to TCCOG, the Town Board wishes to change the designation of liaisons to TCCOG; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Kathy Miller be and hereby is appointed as liaison officer to TCCOG, and Marty Christopher be appointed as the alternate. 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) 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. ROBINSON ROAD: Mr. Pinney recused himself from the discussion as his father owned the property at one time. After a lengthy discussion, the Board decided that they did not have enough documentation of public records to move forward. FRANZISKA RACKER CENTER PROJECT: Pat Montanez explained that the Franziska Racker Center would like to build a ranch home on Warren Road that would be home to six handicapped individuals. Mr. Overstrom stated that they will need to have a site plan review done. E The Town Board and Mr. Overstrom had no objections to this proposal. A letter will be written stating that the Board approves of this concept. STATE LAND OFFER TO ELIMINATE RESTRICTIONS: RESOLUTION 10- 140 RESOLUTION APPROVING APPLICATION TO NYS OGS RE OFFER UPON STATE LAND 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, pursuant to the NYS Laws of 2009, Chapter 486, the Town of Lansing was authorized by the State of New York an offer to purchase certain rights in certain state lands located along NYS Route 34 in the Town of Lansing, and the NYS Office of General Services was authorized to transfer title to such lands to the Town of Lansing; and WHEREAS, such lands consist of approximately 146.83 acres and are more particularly described in such legislation; and WHEREAS, the Town of Lansing purchased part of the rights in and to such lands in 1992 from NYS for the sum of $109,500.00, and now desires to purchase the balance of rights in such lands; and WHEREAS, upon review and discussion of the matter the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor be and hereby is authorized to submit an application to NYS OGS to purchase such remaining rights in such land, upon such terms and he believes are in the best interests of the Town of Lansing; and the Town Supervisor be and hereby is further authorized to deliver and discuss the current self - contained appraisal report and survey, and any other information he deems advisable, to NYS OGS in furtherance thereof; and he is further authorized to negotiate the terms of such purchase, the purchase price, and to discuss or take any other further steps deemed necessary or desirable to acquire such rights in land and to obtain a fee simple absolute interest therein by, for, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Mr. Cree, duly seconded by Mrs. 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. 6 189 190 CONSIDERATION OF LOCAL LAW NO. 2 TO APPOINT ALTERNATES: A discussion was held in regard to appointments of alternates on the Planning and ZBA Boards. A copy of the proposed Bylaws, Policies and Procedures were given to the Supervisor and Board Members earlier in the day. It was decided that they would review this document and discuss it and the alternate appointments at the next regular meeting. PLANNING and ENGINEERING DEPARTMENT REPORT: Mr. Overstrom presented the following to the Board: P My W, t I MUMS - ; ,a ► • ♦ ♦ ♦ W O "' Other i Proposed • i. ♦ ♦.: ♦. of Alternate Planning Board Member- to Town Supervisor for enactment lk Site Plan & SEQR Review-Rogues Harbor Brewing Company 2075 East Shore Drive, Tax Parcel # 37.1-2-1 Approved W/ Conditions t Denial of July 12, 2010 Minutes due to abstentions Y ® Public Hearing for: Area Variance, Applicant: Charlie Purcell, Tax Parcel # 37.1 - 2 -26 — Variance Approved Fire Safety Inspections & Re- Inspections Total: 4 Construction Inspections Total: Approximately: 90 Operating Permits Issued Total: 1 New Addresses Issued for 2010 Total: 16 Notice of Fire Year to Date Total: 7 Expired Permit Notices First Notices: 9 Second Notices: 4 Renewed Permits -6 Renewed Permits YTD — 44 Authorize T.G. Miller to Prepare Map, Plan and Report for the Woodland Park Planned Development Area: 01 RESOLUTION 10 —141 RESOLUTION AUTHORIZING MAP, PLAN AND REPORT FOR CWD EXTENSION FOR PROPOSED AREA OF CARDAMONE DEVELOPMENT ALONG HILLCREST AND WARREN ROADS 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, Councilperson. The following Town Board members were absent: Martin Christopher, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, an owner of certain lot(s) within the Town of Lansing (Steve Cardamone / Cardamone Home Builders, Inc. - TP# 41. -2 -5) (the "Developer "), located along Hillcrest and Warren Roads, has a proposed subdivision /PDA currently under consideration by the Town of Lansing Planning Board; and WHEREAS, the Developer, as part of such subdivision requests that all of the property be included within the Consolidated Water District ( "CWD ") (as only part of such property is currently within the CWD), and the Town Planning Director has found that such an extension is feasible, in accord with the existing CWD policy for extension of the CWD to adjacent properties, and will require a Town Law Article 12 -A proceeding to amend the boundaries of the CWD; and WHEREAS, the Developer has already signed a Developer's Agreement and has agreed to pay the cost of the Map, Plan & Report ( "MPR "): and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a Map Plan and Report ( "MPR ") under Town Law Article 12 -A for providing a water supply to such properties through the CWD, at a cost not to exceed $2,000.00; and it is further RESOLVED AND DECLARED, that the requirements for a permissive referendum do not apply as there is no expenditure of public funds for the MPR as the Developer /applicant is hereby required (and has agreed) to pay all expenses for the costs of such MPR. The question of the adoption of such proposed Resolution was duly motioned by 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. Set Fee for Fireworks Review and Approval of Permits: 11 191 192 RESOLUTION 10 - 142 RESOLUTION ESTABLISHING FEES FOR FIREWORKS PERMIT APPLICATIONS AND THE ISSUANCE OF FIREWORKS PERMITS 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 15th day of September, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Robert Cree, Councilperson; Kathy Miller, Councilperson; and Connie Wilcox, 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 Director of Planning and Engineering, after due consideration of the fireworks permitting process, has recommended a 'permit application and issuance' fee of $100.00 per permit; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the fireworks permit application and issuance fee is hereby set at $100.00; and it is further RESOLVED, that the Town Board reserves the right to amend and change such fee by future Resolution, or in any other manner allowed by law. 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) 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. HIGHWAY DEPARTMENT REPORT: Mr. French reported on the following: 1. Warren Road Sewer: They have just crossed Warren Drive as they ran into rock that was not anticipated. 2. The Auction took in approximately $ 600,000.00. The Town will receive 1% of the Municipal portion of it. 3. Mr. French stated that Mr. Jack Jensen wants a building permit in his new development before the infrastructure is complete. This goes against the Town's policy. Mr. Krogh stated that if the contractor is the owner, he could have a driveway but only if said lot borders a public road with the required access. Mr. French stated that this is not the case. 12 PARK and RECREATION DEPARTMENT REPORT• Mr. Colt went over the following agenda with all present: Parks & Recreation Department 9 /1 /10 Town Board Meeting RECREATION • Currently our fall programs are underway and we have nearly 300 participants involved with Youth. Soccer, YFL, Football teams, Flag Football, Karate and Cheerleading. • On September 12th the Lansing Soccer ( coaches and player clinic for our Youth prizes for all participants were awarded. helped our volunteer coaches gain nlore what to teach our young players. 'I tit) sponsored and conducted a free Soccer Program. It was well attended and The clinic was very beneficial as it confidence and instruction on how and • Also on September 12th our YFL football teams participated in the annual YFL scrimmage and weigh -in to certify all of the players in the league. Our kids and coaches did a great job handling the events of the day. • The Y.111, Cheerleaders program is set to start tonight. The cheerleaders will cheer at most of the YFL games and do compete in a cheerleader competition at the end of the season. • Flag Football takes place here on the field behind the town hall. We have two teams of 2 "d and. 3'a graders and these teams will play a few games against other towns and will do a demonstration game during one of the Lansing home varsity games at half -time. PARKS • The annual Vet Watch Fire takes place this Friday evening at Myers Park. I believe this is either the 18th or 19'11 consecutive year. There will again be a program that precedes the fire that will be started at dusk. It is very impressive. • The park crew started today with the excavation for the new paver wall project that will be built around the entrance garden at Myer Park. "This project is being funded by a 'Tompkins County Beautification Program grant. • We are still taking reservations for camping and pavilions. Currently we have camp sites booked through Columbus Day on October 1 1 th. We will close on that weekend if we get that far (weather). • Myers Park was very busy this year. Attendance was up and we actually surpassed all projected revenue figures for park admission, camping, pavilions, launching and dry dock. The concert series was also our most successful with regards to attendance and donations. • A youth cross country race is being planned for October 9th and will take place at Myers Park for the first time. The races are free and are part of a series of races that take place in the fall at different towns in the county. APPROVE MINUTES: 13 193 194. A copy of the minutes of August 18, 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- 143 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Cree: RESOLVED, that the minutes of August 18, 2010 are hereby approved after the word "Lansing" was spelled correctly in two locations within Resolution number 10 -115. 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 10- 144 RESOLUTION, offered by Mr. Cree and seconded by Mrs. Miller: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 009 DATED 9/15/10 AUDITED VOUCHER #'s .876-968. PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS TRUST & AGENCY WARREN RD SEWER DEBIT SERVICE 876 - 879 96 — 107 96-97 TOTAL APPROPRIATIONS $ 43,205.85 123.131.44 103.04 $ 2,028.33 $ 24,942.46 236.971.05 BUDGET MODIFICATIONS GENERAL FUND A 9/15/2010 Board Meeting FROM TO FOR KNIAT11 IL AMOUNT Al 990.400 A7560.400 From Contingency to Other Performing Arts Al 990.400 A8510.401 From Contingency to Town Center Contractual GENERAL FUND B FROM TO FOR B1990.400 B8020.402 From Contingency to Planning Board Legal 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: Supervisor's Monthly Report: Mr. Cree informed the Board that in the monthly bank statements on page 2, the Cherry Road Sewer and the Lansing Water Districts dollar amounts are the same as July as a couple of items did not get posted in the month of August. Mr. Cree agreed with Charmagne Rumgay that they would be posted in the month of September. Kathy Miller: AES: The meetings are ongoing. She will keep the Board updated on the progress. TCCOG. Mrs. Miller stated that she is very happy to see they are studying all aspects of the drilling. The report that is being done should be completed by January 1st of 2011. Connie Wilcox: Ag Lands Protection Grant: They are getting close to the end and felt that they will be ready to do the final plan sometime in October. A. Scott Pinney: Monthly Report: The Supervisor submitted his monthly report for the month of August, 2010 to all Board Members and to the Town Clerk. Town Counsel Report: Sewer Law. He gave the Board Members and Supervisor a 44 page Law to go over and to discuss at a later date. EXECUTIVE SESSION. 1.5 195 37.00 2,500.00 AMOUNT 2,500.00 • .� RESOLUTION 10 -145 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Cree: RESOLVED, that the Regular Meeting is adjourned to go into Executive Session at 7:24 p.m. to discuss matters of a pending litigation with Rachel Davis in regards to non - renewal of building permit fees. 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 -146 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 8:00 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 ADJOURN MEETING: RESOLUTION 10 -147 RESOLUTION, offered by Mr. Cree and seconded by Mrs. Miller: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 8:09 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. 16