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HomeMy WebLinkAbout2010-10-20197 REGULAR TOWN BOARD MEETING Date: October 20 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. Cooperative Extension - Michael Koplinka -Loehr 6. Discussion on Obtaining Building Permits before new Roads are Dedicated 7, Set Public Hearing for Local Law #2 of 2010 - Licensing and Control of Dogs in TOL 8, Set Public Hearing for Conditional approval of Preliminary Plat for Woodland Park PDA. 9. Resolution of Town Board declaring lead agency for SEQR review for Woodland Park PDA and set Public Hearing for SEQR review for Woodland Park PDA. 10. Resolution to Relevy Water and Sewer Charges 11, Set Public Hearing for Proposed Special District Budget for 2011(6:05 on 11/3/10) 12. Set Public Hearing for Proposed Budget for 2011(6:10 on 11/3/10) 13, Lansing Markets IDA Application 14, Final Order- Formation of Drainage District # 5 (Farm Pond Circle) 15, Proposals MPR Lansing Sewer 16. Planning and Engineering Department Report a) Adopt 2010 Building Codes 17, Highway Superintendent's Report 18. Parks and Recreation Department Report 19, Approve Minutes of September 15, 2010 20, Approve Audit and Budget Modifications 21. Board Member Reports 22, Town Counsel Report 23. Executive Session if Needed 24, 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 198 October 20, 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 Present Councilperson Present Councilperson Present Councilperson Absent Town Clerk Present Town Attorney Present Visitors: Jeff Overstrom, Steve Colt, Jack French, Dan Veaner, Ed LaVigne, Charlie and Sheila Nedrow, Pat Pryor, Andy Sciarabba, Ted Laux, Dave and Joyce Heck, Jack Jensen, Nate Litwin and five or six other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Pat Pryor — County Rep.: County Budget: 199 Ms. Pryor went over the County Budget Process. She passed out information regarding all of the proposed cuts to the Budget. The County wants to keep the increase to 5 %. She stated that for the past 3 or 4 years the County has been systematically cutting back on programs. There is close to a four million dollar gap that needs to be closed in the 2011 Budget. Each Department was asked to cut their proposed budget by 6.9 %. She stated that the Youth Services Program is scheduled to be cut. This program has had the most support for continuing it. The Youth Services Program is a partnership. TCCOG met in regard to the proposed cut of the Youth Services Program and to discuss possible ideas to save the program. She handed out copies of the following letter: Dear TCCOG Reps and Youth Commission Leaders, .[ know you are all aware that the County Tentative Budget eliminates Count— funding far Municipal Youth Service System (INIY:SS) programs. This yields roughly a :$250,000 reduction in County appropriations. This is one of several programs facing funding cut -offs due to the fiscal pressure that unfunded mandates place on property tax payers to fund State programs. ['in sure you have all heard from your constituents about how this proposed funding; cut will have real impacts. If we have a common goal to keep our youth programs intact, then we need to have serious collaboration discussions right now .. as the County, City, and Towns are setting 2011. budgets. Partial restoration of funds by the County may be possible but only if we, all of us, develop and agree to a funding plan and agree to developing a multi -year MOU, in the near fixture, stating our 1 200 commitment to Municipal Youth Service System programs and to fund it. To help with our thinking, TC Youth Services and Cooperative Extension are developing a definition of the "core functions" ofMYSS and the cost to maintain those core functions. Thev are also compiling the total program costs for each municipality.., including a list of in -kind services. .Due to the time crunch of budget setting, Pm asking each municipal partner in iMYSS to send a least one legislative Board member as well as their Youth Commission Chair or designee to a meeting on this topic at 3 #00 Thursday, October 14th Wednesday in the Old JaiJ- Conference Room. Without seeing the financial breakdown, I will throw out a proposal for stimulating your thinking a further discussion. 1) The County would receive and dispense all collaborative funds for MYSS similar to what it does now* 2) The County would fund the "core functions" to be defined and discussed at our meeting. 3) Each municipality would pay for all specific programming costs and other costs above the core function. 4) We may want to consider how to value in -kind service and explore whether and how this can be used in calculating municipal financial contributions 5) And each municipality would pay all costs for anv increases in 114.YSS programming for their constituents. I. hope you sense, as I do, that the MY:SS program will most likely unravel unless we have a plan. Finallv I hope you will make this meeting a priority. Please RSVP with Michelle Pottorif at 274 -5434 or mpottorfftompkins- co.org Regards, Don Barber Caroline Town Supervisor Chair of Tompkins County Council of (.governments Cc Nancy Zahier, TC Youth Services Janice Johnson, TC Youth Services Ken Schiather, CCETC Linda Schoffel, CCF..TC Ms. Pryor asked the Town Board to consider this program while preparing their budget. Cooperative Extension — Michael Koplinka- Loehr: Mr. Koplinka - Leohr went over the following formation with all present and asked for volunteers from Lansing to help distribute energy- efficiency kits. NOVEMBER 2010 Energy efficiency workshops in the Town of Lansing and county -wide Save Energy, Save Dollars- DRYDEN Tuesday, November 9, 7:00 -9:00 pm Dryden Fire Hall, 26 North Street, Dryden Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy- Savers kit worth $15 that includes weather - stripping, shrink window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Save Energy, Save Dollars- LANSING Wednesday, November 10, 7:00 -9:00 pm Lansing Community Library, 27 Auburn Road, Lansing 2 Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy - Savers kit worth $15 that includes weather - stripping, shrink window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Ask the Experts: Energy Efficiency Contractor Panel Tuesday, November 16, 8:00 -10 :00 pm Lansing Community Library, 27 Auburn Road, Lansing This FREE program features local BPI (Building Performance Institute) - accredited energy contractors who will talk about building science, whole -house approach to energy efficiency, and how an energy audit works. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Learn ways to finance your home energy improvements. Bring your questions and ask the experts' Pre - registration is required. Contact Shawn Lindabury at 607 - 272 -2292 or scl36 @cornell.edu to register. Save Energy, Save Dollars -DANBY Wednesday, November 17, 7:00 -9:00 pm Danby Town Hall, 1830 Danby Road (9613), Danby Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy- Savers kit worth $15 that includes weather - stripping, shrink window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Save Energy, Save Dollars- NEWFIELD Thursday, November 18, 7:00 -9:00 pm Newfield Town Hall, 166 Main Street, Newfield Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy - Savers kit worth $15 that includes weather - stripping, shrink window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Save Energy, Save Dollars- TRUMANSBURG Tuesday, November 30, 7:00 -9:00 pm Ulysses Philomantic Library, 74 East Main Street, Trumansburg Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy - Savers kit worth $15 that includes weather - stripping, shrink 3 201 202 window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Ask the Experts: Energy Efficiency Contractor Panel Tuesday, November 30, 8:00 -10:00 pm Dryden Fire Hall, 26 North Street, Dryden This FREE program features local BPI (Building Performance Institute)- accredited energy contractors who will talk about building science, whole -house approach to energy efficiency, and how an energy audit works. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Learn ways to finance your home energy improvements. Bring your questions and ask the experts! Pre - registration is required. Contact Shawn Lindabury at 607 - 272 -2292 or scl36 @cornell.edu to register. DECEMBER 2010 Energy efficiency workshops in the Town of Lansing and county -wide Save Energy, Save Dollars- ENFIELD Tuesday, December 7, 7:00 -9:00 pm Enfield Community Center, 167 Enfield Main Road, Enfield Learn low -cost and no -cost ways to reduce home energy use and programs to help you afford home energy - efficiency improvements at this FREE workshop. See demonstrations of a blower door air - leakage test and an infrared camera that detects home heat loss. Each participating household receives a free Energy - Savers kit worth $15 that includes weather - stripping, shrink window cover, outlet and light switch insulators, and more. Pre - registration is required. Call or email to reserve a seat and an energy kit. Carole Fisher, (607) 272 -2292 or crf11 @cornell.edu. Lighten Up Tompkins! Saturday October 30 11 *00am — 3:30pm Tompkins County has formally ad greenhouse gas emissions Househo together ►r energy efficiency and reduction of nesses, and government will work 2050, reduce the County's greenhouse gas emissions by 80 %. 2 ( http_// www. tompkins- co. orci/planning/compplan /index.htm), This month Cornell Cooperative Extension (CCE) will train over 400 Into the Streets and other community -based volunteers to deliver energy efficiency resource /information packets directly to 5000 households on October 30th, 2010. In each packet will be print resources, a CDRom of the Energy Path developed by CCE, a list of grant, subsidy and tax - rebate opportunities, coupons to local businesses and one compact fluorescent light bulb (CFL) per household. Enfield — Danby — Ulysses — Lansing — Dryden — Newfield We need volunteers! Individuals and groups can sign up to help stuff bags (Oct. 22 -25) and /or go door to door to deliver the bags (Oct. 30), or to drive teams to their delivery routes. Training for the door to door starts at 11am in each town; bag delivery from 12- 3:30pm. Lunch will be provided. To sign up visit: LightenUpTompkins.org or email LightenUpTompkins @ gmail.com or call 272 -2292 (Mike K. or Shawn L.) Building Permits before New Roads are Built: Mr. Pinney stated that Jack Jensen, owner and developer of the Farm Pond Circle Development has asked for a building permit for a house at least 1,000 feet off the public road. The road in the subdivision has not been built yet. Mr. French and Mr. Overstrom did not agree with allowing this as it would go against the Town's rules and regulations. They did not feel an exception should be made. Mr. French stated that this same problem came up a few years ago with a developer in Whispering Pines and it caused a lot of trouble. The Board at that time agreed it would never happen again. After a long discussion it was the consensus of the Board to have Mr. Jensen go to the Planning Board as they could grant a waiver if they felt it was necessary. Mr. Overstrom will attend the Planning Board meeting on Monday, October 25th and he will keep the Board updated on the status of this matter. Set Public Hearing for Local Law # 2 — Licensing and Control of Dogs in TOL: RESOLUTION 10 -148 Notice of Public Hearing re Proposed Local Law Number 2 of 2010 (Dog Control Regulations) 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and 5 203 204 Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, on June 22, 2010, Governor Paterson signed a measure into law as part of the 2010- 2011 State Budget that moves the dog licensing function required by Article 7 of the Agriculture and Markets Law to the level of local government beginning the first day of January, 2011, and WHEREAS, the proposed new Local Law is on file at the Town Clerk's Office for review by any interested person; and WHEREAS, said purpose of this Local Law is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage, and WHEREAS, upon a review and discussion of the matter, the Town Board 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 17th day of November, 2010, at 6:05 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney duly seconded by Mr. 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Set Public Hearing for Conditional Approval of Preliminary Plat for Woodland Park PDA: The following resolution was adopted by the Lansing Planning Board: PLANNING BOARD RESOLUTION No. 10 - 62 RECOMMENDING TO THE TOWN BOARD CONDITIONS AND SPECIFICATIONS UNDER WHICH THE CARDAMONS "WOODLAND PARK PLANNED DEVELOPMENT AREA" APPLICATION MAY BE CONSIDERED FOR PDA APPROVAL BY THE TOWN BOARD 2 r 205 WHEREAS, Applicant, Cardamone Home Builders, Inc., has requested Town Board Approval, and Planning Board preliminary review, of a PDA Application for the "Woodland Park Planned Development Area" (formerly Warren Road PDA) respecting a +/- 59.984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, P/0 Tax Map Parcel 41. -2 -5; and WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Application and the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated August 26, 2010, respecting the Applicant's PDA Proposal; and WHEREAS, the Public Comment Period on the Application was commenced on August 26, 2010 upon submission of the Applicant's Statement of Intent to Comply, pursuant to Section 706.5 of the Lansing Land Use Ordinance, and a public hearing was held by the Lansing Planning Board on October 6, 2010 respecting Planning Board consideration of the Woodland Park Planned PDA Application materials and the Applicant's August 26, 2010 Statement of Intent to Comply, as well as consideration of whether the Planning Board should recommend to the Town Board either: (1) disapproval of the proposed PDA development; or (2) conditional approval of the PDA development, subject to such conditions set forth in the Statement of Intent to Comply and /or any other conditions otherwise imposed by the Planning Board; and WHEREAS, at the public hearing held on October 6, 2010, the residents of the Town of Lansing were given a full opportunity to be heard respecting the Woodland Park PDA Development Proposal, and the Planning Board reviewed said comments and concerns of the residents, including concerns respecting the following potential impacts of the project: increased traffic, drainage and storm water concerns, density issues, infrastructure capacity; and WHEREAS, on October 6, 2010, the Planning Board, pursuant to Lansing Land Use Ordinance Section 706.5, underwent site plan review of the proposed Woodland Park PDA development, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq., relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, by correspondence dated September 28, 2010, the Tompkins County Department of Planning, in its GML 239 —I, -m and —n review, made a formal recommendation that the project be modified to provide walkways throughout the entire subdivision in order to provide access to Warren Road where TCAT service is available, and further suggested coordination of a requirement of a TCAT bus shelter with the Tompkins County Highway Division and TCAT, and the Tompkins County Department of Planning made an informal recommendation that the two dead end streets within the PDA be changed to a loop road for better vehicular and pedestrian circulation throughout the PDA development; and WHEREAS, the Applicant has consulted with TCAT and has been advised that a bus shelter on Warren Road is not desired by that agency given the rural nature of the route and provision for 7 206 flagging the bus at any point along said route, and upon TCAT's analysis for public transportation that is anticipated from the proposed development; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that, pursuant to Section 706.5 of the Town Of Lansing Land Use Ordinance, the Lansing Planning Board hereby recommends to the Town Board that the Town Board conditionally approve the Woodland Park PDA application, subject to such conditions as set forth in the Developer /Applicant's September 24, 2010 Preliminary Plans and August 26, 2010 Statement of Intent to Comply as set forth again below with additional comment of the Planning Board in parentheses: 1. Final Development approval shall be contingent upon the ACOE approval and issuance of wetland permits and any wetland mitigation required by the ACOE; 2. Approval of the PDA project is contingent upon review and approval of the applicant's storm water and erosion control plan /SWPPP application; 3. Approval of the PDA is contingent upon review and approval of the Road Infrastructure layout by the Town of Lansing Highway Superintendent (proposed infrastructure /roadway layout already reviewed by Town Highway Department and Town Board); 4, The Town's Right of Way /Easement Road Width for the proposed Private Road in the Townhouse phased construction shall be 60 feet unless a waiver for 50 foot easement is granted by the Town Board (proposed waiver already reviewed by the Town Board); 5. The applicant shall make provisions of a TCAT bus stop on Warren Road, east of the Townhouse construction; (Condition no longer required by the Planning Board given TCAT's determination that a bus shelter at that location is not desired); 6. The applicant shall make provision for a 6 foot shoulder /pathway either north or south of Public Road B, located on the southern portion of the PDA sketch plan (The Planning Board is not recommending any change in the cross section or paved width of Public Road B as shown on the Applicant's plans. The Planning Board recommends, for safety reasons, that the shoulder width remain, as designed, at 4' on both sides of Public Road B, and further recommends that the Town Board consider any condition for a pathway on Public Road B to be designed in the remaining 16' of Public Road B on either side of the roadway and within the Town's 60' public road right of way) ; 7. The applicant shall provide an estimated time frame proposal for each phase of the construction; 8. The lots designated for single family home construction and cannot be amended to permit additional multifamily dwellings in the PDA; 9. The approval of the PDA is contingent upon Town Board approval of the applicant's application for extension of the Water District to encompass the entire PDA project; and also subject to the following additional conditions recommended by the Planning 1. PDA Approval with Condition by the Town Board should encompass any and all deed restrictions, if any; n 207 2. Department of Transportation Review and Approval of proposed single curb cut access to Warren Road; and it is further RESOLVED, that, pursuant to Section 706 et seq. of the Land Use Ordinance, the Planning Board recommends that the Town Board set public hearing(s) for Town Board consideration of the PDA and SEAR review, said hearing(s) to be held by the Town Board within 45 days of this resolution, pursuant to Section 706.6.1 of the Town of Lansing Land Use Ordinance. Pursuant to Section 706.6.1 of the Town of Lansing Land Use Ordinance, Town Board conditional approval or disapproval of the PDA is to be issued by the Town Board within 30 days of said Town Board public hearing(s). October 6, 2010 The Lansing Town Board then made the following resolution: Set Public Hearing for review of Woodland Park PDA: RESOLUTION 10 -149 RESOLUTION SCHEDULING PUBLIC HEARING FOR INPUT UPON TOWN BOARD REVIEW OF WOODLAND PARK PROPOSED PLANNED DEVELOPMENT AREA AND RECOMMENDATIONS FROM PLANNING BOARD 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Applicant Cardamone Home Builders, Inc., has requested Town Board Approval, and Planning Board preliminary review, of a PDA Application for the "Woodland Park Planned Development Area" (formerly Warren Road PDA) respecting an approximate 59.984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, Tax Map Parcel 41. -2 -5; and WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Application and the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated August 26, 2010, respecting the Applicant's PDA Proposal; and WHEREAS, the Public Comment Period on the Application commenced upon August 26, 2010, upon submission of the Applicant's Statement of Intent to Comply, pursuant to Section 706.5 of E 208 the Lansing Land Use Ordinance, and a public hearing was held by the Lansing Planning Board on October 6, 2010, respecting the Planning Board's consideration of the Woodland Park Planned PDA Application materials and the Applicant's August 26, 2010, Statement of Intent to Comply, as well as consideration of whether the Planning Board should recommend to the Town Board either: (1) disapproval of the proposed PDA development; or (2) conditional approval of the PDA development, subject to such conditions set forth in the Statement of Intent to Comply and /or any other conditions otherwise imposed by the Planning Board; and WHEREAS, at the said public hearing held on October 6, 2010, the residents of the Town of Lansing were given a full opportunity to be heard respecting the Woodland Park PDA Development Proposal, and the Planning Board reviewed said comments and concerns of the residents, including concerns respecting certain potential impacts of the project, including, but not limited to increased traffic, drainage and storm water concerns, density issues, and infrastructure capacity; and WHEREAS, on October 6, 2010, the Planning Board, pursuant to Lansing Land Use Ordinance Section 706.5, underwent site plan review of the proposed Woodland Park PDA development, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq., relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, by correspondence dated September 28, 2010, the Tompkins County Department of Planning, in its GML 239 —I, -m and —n review, made a formal recommendation that the project be modified to provide walkways throughout the entire subdivision in order to provide access to Warren Road where TCAT service is available, and further suggested coordination of a requirement of a TCAT bus shelter with the Tompkins County Highway Division and TCAT, and the Tompkins County Department of Planning made an informal recommendation that the two dead end streets within the PDA be changed to a loop road for better vehicular and pedestrian circulation throughout the PDA development; and WHEREAS, the Applicant has consulted with TCAT and has been advised that a bus shelter on Warren Road is not desired by that agency given the rural nature of the route, the provision for flagging the bus at any point along said route, and upon TCAT's analysis for public transportation that is anticipated from the proposed development; and WHEREAS, pursuant to Section 706.5 of the Town Of Lansing Land Use Ordinance, the Planning Board recommended conditional approval of the PDA based upon the Developer /Applicant's Statement of Intent to comply (with addendum) and the following proposed conditions: 1. Final Development approval shall be contingent upon the ACOE approval and issuance of wetland permits and any wetland mitigation required by the ACOE; 2. Approval of the PDA project is contingent upon review and approval of the applicant's storm water and erosion control plan /SWPPP application; 3. Approval of the PDA is contingent upon review and approval of the Road Infrastructure layout by the Town of Lansing Highway Superintendent; flus 1 209 4. The Town's Right of Way /Easement Road Width for the proposed Private Road in the Townhouse phased construction shall be 60 feet unless a waiver for 50 foot easement is granted by the Town Board; 5. The applicant shall make provision for a 6 foot shoulder /pathway either north or south of Public Road B, located on the southern portion of the PDA sketch plan; further noting that the Planning Board is not recommending any change in the cross section or paved width of Public Road B as shown on the Applicant's plans as the Planning Board recommends, for safety reasons, that the shoulder width remain, as designed, at 4' on both sides of Public Road B, and further recommends that the Town Board consider any condition for a pathway on Public Road B to be designed in the remaining 16' of Public Road B on either side of the roadway and within the Town's 60' public road right of way) ; 6. The applicant shall provide an estimated time frame proposal for each phase of the construction; 7. The lots designated for single family home construction and cannot be amended to permit additional multifamily dwellings in the PDA; 8. The approval of the PDA is contingent upon Town Board approval of the applicant's application for extension of the Water District to encompass the entire PDA project; 9. The approval of the PDA is contingent upon Town Board approval of any and all deed restrictions, if any; and 10.The approval of the PDA is contingent upon the County Highway Department's review and approval of proposed single curb cut access to Warren Road; and WHEREAS, by Resolution dated October 6, 2010, and in compliance with the Land Use Ordinance, the Planning Board has complied with the requirements of the Land Use Ordinance relating to the Public Comment Period, and other preliminary steps, relative to the conditional recommendation of the proposed PDA, and has formally referred the matter to the Town Board for mandatory review, public hearing, and a SEQRA review; and WHEREAS, pursuant to the Land Use Ordinance, the Town Board must schedule a Public Hearing to consider the PDA and the recited and recommended conditions within 45 days of the date of Planning Board referral, and the Town Board must thereafter disapprove, approve, or approve with conditions such PDA application within 30 days after such public hearing; and WHEREAS, the Town Board notes that the conditions recommended by the Planning Board are not binding upon the Town Board; but neither are they exhaustive of any other or more stringent conditions that the Town Board may opt to apply; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Town Board, now therefore be it RESOLVED, that a Public Hearing to consider the PDA application of Cardamone Home Builders, Inc., for the "Woodland Park Planned Development Area" (formerly Warren Road PDA), respecting an approximate 59.984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, Tax Map Parcel 41. -2 -5, be and is hereby scheduled for the 17th day of November, 2010, at 6:10 P.M. at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further 11 210 RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk, in conjunction with the Planning Office, deliver a copy of the proposed PDA and Site Plan to the Tompkins County Department of Planning pursuant to General Municipal Law Sections 239 -1 and 239 -m. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mr. 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Resolution Declaring Lead Agency for SEQR review for Woodland Park PDA and set Public Hearing for SEQR Review for Woodland Park PDA: RESOLUTION 10 450 RESOLUTION CLASSIFYING ACTION, DECLARING LEAD AGENCY, IDENTIFYING INVOLVED AND INTERESTED AGENCIES. AND SCHEDULING PUBLIC HEARING FOR INPUT UPON TOWN BOARD ENVIRONMENTAL AND SEQRA REVIEW OF WOODLAND PARK PROPOSED PLANNED DEVELOPMENT AREA 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Applicant Cardamone Home Builders, Inc., has requested Town Board Approval, and Planning Board preliminary review, of a PDA Application for the "Woodland Park Planned Development Area" (formerly Warren Road PDA) respecting an approximate 59.984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, Tax Map Parcel 41. -2 -5; and WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Application and the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated August 26, 2010, respecting the Applicant's PDA Proposal; and 12 1'�. 211 WHEREAS, the Public Comment Period and other preliminary steps relative to the requirements of the Land Use Ordinance have been complied with and the Planning Board, and by Resolution dated October 6, 2010, the Planning Board formally referred the said PDA application to the Town Board for hearing and possible approval; and WHEREAS, pursuant to the Land Use Ordinance, the Town Board must schedule a Public Hearing to consider the PDA and the recited and recommended conditions within 45 days of the date of Planning Board referral, and the Town Board must thereafter disapprove, approve, or approve with conditions such PDA application; and WHEREAS, a SEQRA review is mandated for this action by law, and upon due deliberation upon the foregoing, now therefore be it RESOLVED AND DETERMINED, that 1. This action is classified as a Type I Action pursuant to 6 NYCRR Part 617.4; 2, The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Lansing Planning Board, the County Department of Planning, the County Department of Health, the NYS Department of Health, the NYS Department of Environmental Conservation; the U.S. Army Corps of Engineers, the Tompkins County Highway Department; and 4. The Interested Agencies are the Southern Cayuga Lake Intermunicipal Water Commission, the NYS Department of Transportation, and the Village of Lansing, the Town of Lansing Recreational Pathways Committee, and the Village of Cayuga Heights; and it is further; RESOLVED, that the Town Clerk issue a Notice of Intent to each and all of the following Involved Agencies and Interested Agencies, including therewith a copy of the proposed Site Plan, the Statement of Intent to Comply with Addendum, the Planning Board Resolution of Referral, and the LEAF; and it is further RESOLVED, that a Public Hearing to consider the environmental impacts of the proposed PDA application of Cardamone Home Builders, Inc., entitled "Woodland Park Planned Development Area," respecting an approximate 59.984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, P/O Tax Map Parcel 41. -2 -5, be and is hereby scheduled for the 17th day of November, 2010, at 6:15 P.M. at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk deliver a copy of the PDA Application, the proposed Site Plan, the Statement of Intent to Comply with Addendum, the Planning Board Resolution of Referral, and the LEAF, together with a General Municipal Law § 239 -I, -m, and —n notice for review. 13 212 The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mrs. Miller, 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Relew Water and Sewer Charges: RESOLUTION 10- 151 RESOLUTION TO RELEVY 2010 WATER AND SEWER CHARGES 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 20th day of October, 2010, the following members being present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; Kathy Miller, Councilperson; The following members were absent: Connie Wilcox, Councilperson The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing water and sewer accounts state on the August bills that any unpaid balance after October 15, 2010 will be relevied on the 2011 Town and County tax bills, and WHEREAS, a courtesy reminder letter with the balance of $20.00 or more for the water and sewer charges to the account is sent out to all homeowners and tenants, and WHEREAS, after October 15th 2010, the collector will notify SCLIWC (Bolton Point) to remove said amounts from accounts to be relevied on the 2011 Town and County tax bills, and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the collector will relevy the unpaid water and sewer account charges plus a 10% fee on all accounts with a balance of $20.00 or more to the 2011 Town and County tax bills. BE IT FURTHER RESOLVED, that all unpaid water and sewer account charges under $20.00 will be carried over to the November 2010 water bill. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mrs. Miller, and put to a roll call vote with the following results: i 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Set Public Hearing for Special District Proposed Budget for 2011: RESOLUTION 10 -152 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson Robert Cree, Councilperson; Kathy Miller, Councilperson; and The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: RESOLVED, that the Town Board of the Town of Lansing has prepared the Assessment Rolls of parcels of land included in Lansing Consolidated Water Districts, CWD Ext. 1, CWD Ext. 2 and Lansing Light Districts No. 1, No.2 and No. 3 and the Pheasant Way, Whispering Pines and Lake Forest Drainage Districts and Warren Road Sewer District has apportioned and assessed upon such parcels of land in proportion in the amount of benefits the improvements shall confer upon the same the cost chargeable to said District in connection with the construction of Public Water, Lighting Systems, and Drainage Districts therein which are payable in the year 2011 and therefore, pursuant to Section 239 of the Town Law, the Town Board shall hold a Public Hearing at the Lansing Town Hall, Lansing, New York on the 3rd day of November, 2010 at 6:05 p.m. in the evening thereof, to hear and consider any objections which may be made to said roll. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mr. 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Set Public Hearing for Proposed 2011 Budget: RESOLUTION 10 —153 15 213 214 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson Robert Cree, Councilperson; Kathy Miller, Councilperson; and The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: NOTICE IS HEREBY GIVEN, that the preliminary budget of the Town of Lansing, Tompkins County, New York for the fiscal year beginning January 1, 2011 has been completed and filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested persons at all reasonable hours and, FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will meet and review said preliminary budget and hold a Public Hearing thereon at the Lansing Town Hall, Lansing, New York at 6:10 p.m. on the 3rd day of November, 2010, and that at such hearing any person may be heard in favor of or against the preliminary budget as compiled or for or against any items therein contained and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 108 of the Town Law, that the following are proposed yearly salaries of elected Town Officials of this Town: Supervisor Councilmen (3) Total Each Councilman (1) Town Clerk Highway Superintendent Town Justice (2) Total Each The question of the adoption of such $ 30,006.00 $ 28,935.00 $ 9,645.00 $ 12,860.00 $ 39,259.00 $ 61,911.00 $ 32,954.00 $ 16,477.00 proposed Resolution was duly motioned Mr. Pinney, duly seconded by Mrs. Miller 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Lansing Markets IDA Application: by 16 RESOLUTION 10 —154 ENDORSEMENT OF THE LANSING MARKET GROCERY PROJECT FOR ASSISTANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHEREAS, Lansing Market, LLC has applied for sales tax exemption, real estate tax exemption and partial mortgage recording tax exemption from the Tompkins County Industrial Development Agency ( TCIDA) to assist a proposed project to develop the vacant land at 3125 North Triphammer Road in the Town of Lansing, and 215 WHEREAS, the approximate 3 million, 25 thousand dollar project will be to construct a building on approximately a 4+ acre lot that will be 14,000 square feet with approximately 75 parking spaces. It will be a full- service grocery store with a meat, poultry and sea food department, fresh produce, bakery and deli, and general groceries, and WHEREAS, Lansing Market will make goods and services not readily accessible to residents of the Lansing Community, and WHEREAS, by TCIDA policy a retail /commercial project is only eligible for assistance under the following conditions: A. The project is a critical part of a larger, planned development; and B. The project must be endorsed, through a formal resolution, by the appropriate municipal governing body; and C. The project must meet one or more of the following: 1. Is considered a tourism destination facility 2. Is operated by a not - for - profit corporation 3. Will located outside of the State without IDA assistance 4. Is located in a highly distressed area 5. Makes available goods or services not reasonably accessible 6. Preserves or increases permanent jobs, and WHEREAS, the Lansing Market LLC encourages neighborhood- oriented retail development at existing commercial areas, developing a grocery store to improve the visual condition of the area, including the appearance and functioning of the parking lot, and supported placement of a landscaped area, and WHEREAS, the project is projected to create approximately 7 full -time equivalent jobs, and 20 part -time jobs, and WHEREAS, the project will establish the only grocery store in the neighborhood, thereby providing essential goods not reasonably accessible to neighborhood residents, now; therefore, be it RESOLVED, that the Town Board of the Town of Lansing hereby endorses the proposed Lansing Market Grocery project at 3125 North Triphammer Road, Lansing, New York for assistance by the Tompkins County Industrial Development Agency. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mr. Cree, and put to a roll call vote with the following results: I 216 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Final Order for Formation of Drainage District #5 (Farm Pond Circle): RESOLUTION 10 -155 FINAL ORDER APPROVING FORMATION OF 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS Law and the Town's Storm Water Local Law require the Town to plan for the future maintenance of drainage, sediment control, and storm water facilities; and WHEREAS, the Town Board of the Town of Lansing received a request for the approval of permanent infrastructure for storm water facilities located in the proposed Farm Pond Circle Subdivision, as depicted upon an approved preliminary subdivision plat therefore and in the SWPPP for such subdivision, all pursuant to the Town's Storm Water Local Law, and the Developer requested the creation of a Drainage District, herein Drainage District #5, and the Lansing Town Board having previously issued an Order under Town Law §209 -d and determined that (i) the final Map, Plan and Report complied with the requirements of Town Law, and (ii) it was 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 in, 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 a conditional approval was duly issued subject to permissive referendum as required by Town Law § 209 -d, and no petition or request for a referendum was filed or received by the Town; and WHEREAS, the Town Board duly issued a negative declaration of environmental impacts after a SEQRA review and a public hearing thereupon; and WHEREAS, the Town desires to proceed towards 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 no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and (ii) the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of SEQRA; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed Drainage District #5 are inclusive of the following tax parcel number 38. -1- 4.122, encompassing all lots within the Farm Pond Circle Subdivision as shown on the Map, Plan and Report on file at the Town Clerk's Office and the real property metes and bounds descriptions as on file at the County Clerk's Office; to which reference is hereby made and which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the said Drainage be constructed as set forth in the Order calling a publi and collect of special assessments upon the several District, which the Town Board has determined, and benefited thereby; so much and from each as shall be each and all to pay the principal and interest upon said District #5 hereinabove referred to shall hearing, and the Town shall assess, levy lots and parcels of land within the said hereby again determines, are especially in just proportion to the benefit thereof, bonds; and it is further RESOLVED AND ORDERED, that the Town Clerk file (i) a certificate with the County Clerk certifying that no referendum was requested, and (ii) a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Final Order; and it is further RESOLVED, that Drainage District hereby approves and accepts the assignment of easements and rights -of -way from the Town of Lansing relating to the District, and further, that the Supervisor and /or Deputy Supervisor be and each is hereby authorized, on behalf of the Town of Lansing and on behalf of Drainage District #5, to do such things and execute such documents as are or may be necessary or desirable to effect the assignment of easements and rights -of- way to said Drainage District #5. The question of the adoption of such proposed Resolution was duly motioned by Mrs. Miller, duly seconded by Mr. 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Proposals for MPR Lansing Sewer: RESOLUTION 10 —156 RESOLUTION AUTHORIZING MAP PLAN AND REPORT FO SYSTEM AND SPECIAL BENEFIT DISTRICT 19 217 218 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, for years the Town has been pursing funding for sewer infrastructure but has learned that it usually, and almost always, needs delineated plans before such funding may be granted or provided; and WHEREAS, due to ARRA funding and otherwise, municipal grants and funding opportunities for subsidized financing of municipal infrastructure projects are currently available at levels not seen in over a decade; and WHEREAS, the Town Director of Planning and Engineering has provided some preliminary designs and engaged in numerous discussions with NYSDEC regarding a Town of Lansing stand- alone treatment plant and related sewer district, and the DEC issued preliminary feasibility approvals, thus prompting the Town to begin to look at a stand -alone sewer system and district in more particular details to obtain such funding; and WHEREAS, the Town Board undertook to develop engineering specifications and requested bids from interested engineering firms for the Map, Plan and Report ( "MPR ") for such system; which system is substantially smaller and simpler than the prior South Lansing Sewer District previously rejected by a prior Town Board and many residents; and WHEREAS, upon due deliberation upon this matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the preparation of a MPR for a stand alone sewer treatment plant and related benefit district in an amount not to exceed $17,000.00 pursuant to the terms of a proposal from Hunt Engineering; and it is further RESOLVED, that the Town Supervisor, and /or the Deputy Supervisor, be and each is hereby authorized to negotiate and execute an agreement with said Hunt Engineering as is deemed in the best interests of the Town of Lansing; and it is further RESOLVED that, in compliance with Town Law § 209 -c, a copy of such MPR be duly filed, upon completion, with the Town Clerk and the State Department of Health; and it is further RESOLVED, that this Resolution, and the terms hereof, are subject to permissive referendum as required by Town Law §209 -b and Town Law Article 7. The question of the adoption of such proposed Resolution was duly motioned by Scott Pinney, duly seconded by Robert Cree, and put to a roll call vote with the following results: C 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Planning and Engineering Department Report: Mr. Overstrom went over the following with all present: Code Office Monthly Activity Report September, 2010 Planning Board - September 13, 2010 • Site Plan & SEQR Review -Auto Repair Shop, 39 Ridge Road, Tax Parcel # 31. -6 -9.2 - Approved W/ Conditions • Review & Discussion of Revisions for Lansing Commons, Cayuga Vista Drive, Tax Parcel # 371-1 -2- 53.222 September 27, 2010 • Approval of Minutes for; August 9, 2010 • Postponement of Minutes for; July 12, 2010 September 13, 2010 • Site Plan & SEQR Review - Lansing Food Market, North Triphammer Road, Tax Parcel # P/O 30.4-16.22 - Public Hearing(s) Set for review of Application and completion of SEQR ZBA - Meeting Cancelled due to lack of Agenda Items Fire Safety Inspections & Re- Inspections Total: 2 Construction Inspections Total: Approximately: 99 Operating Permits Issued Total:1 New Addresses Issued for 2010 Total: 17 Notice of Fire Year to Date Total: 7 Expired Permit Notices First Notices: 14 Second Notices: 4 21 219 220 Renewed Permits -6 Renewed Permits YTD - 50 New Building Code: Mr. Overstrom stated that the new Building Codes will be implemented December 28, 2010 and the Board will need to pass a resolution to accept them. Set Public Hearing for Local Law No. 3 of 2010. RESOLUTION 10 -157 RESOLUTION SCHEDULING PUBLIC HEARING FOR REVIEW OF PROPOSED LOCAL LAW #3 OF 2010 AUTHORIZING THE OPERATIONS AND RULES OF THE PLANNING BOARD AND THE ZBA, CREATING ALTERNATE POSITIONS FOR SUCH BOARDS, AND ADDRESSING OTHER OPERATIONAL ASPECTS OF THE PLANNING BOARD AND THE ZBA UNDER TOWN LAW §§ 267 AND 271 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson Robert Cree, Councilperson; Kathy Miller, Councilperson; and The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Planning Board and the Town Zoning Board of Appeals each need and utilize alternate members, and each has its own operational parameters that should be authorized and memorialized by local law; and WHEREAS, this law seeks to clarify, memorialize, and set forth the requirements for the rules and regulations governing Planning Board procedures; to set forth a procedure for appointing Chairpersons and Vice Chairpersons for the Planning Board and ZBA, and to enact procedures and rules pertaining to the appointment of Alternate Members of the Planning Board and Zoning Board of Appeals; and to fix authority to pay and increase salaries, stipends, and /or expense reimbursement for such Boards and their respective Members and Alternate Members; and where required, to supersede Town Law §§ 267 and 271 relative to such matters, all as recommended by the Town of Lansing Planning Board; 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 review and discussion of the matter the Town Board 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 17th day of November, 2010, at 6:20 p.m. to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further 22 221 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 Mr. Pinney, duly seconded by Mrs. Miller, 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Highway Department Report: Mr. French went over the following with all present: 1. Finishing up with the hot paving. 2. Finished up will all of the shoulder work. 3. All of the sand needed for this coming winter will be in tomorrow. The sand is purchased from Robinson Gravel. 1,000 tons of salt will be ordered from Cargill next week. 4. Mr. French walked the State land (across from the Town Hall) with the Pathways Committee in regard to making a path around the perimeter of most of the property. When weather permits it will be looked at closer. 5. Met with the people from Ludlowville, Tompkins County Planning Dept., Tompkins County Soil and Water and the engineering firm that the County has hired regarding the ongoing flooding problems. Many different alternatives were discussed on how to fix this problem. The County does have grant money in their possession which will go towards this project. 6. The NYS Department of Transportation will hold a meeting here on October 27th to discuss the closing of the bridge by the girl's school. This will begin in early spring. The road will be closed in that area anywhere from 2 to 3 months. 7. Mr. French never heard from the Syracuse DOT in regard to the water line on East Shore Drive so this project will have to wait until next spring when the weather breaks. 8. Everything has been ordered for the boat marina at Myers Park. They should be able to begin on November 1St 9. Fifth water main break on Brickyard Road in the past two years has happened. This will have to be looked into. Resolution to Approve Roadway Swap Agreement with Tompkins County: 23 222 RESOLUTION 10 -158 RESOLUTION APPROVING ROADWAY SWAP AGREEMENT WITH TOMPKINS COUNTY 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 20th day of October, 2010, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Martin Christopher, Councilperson; Robert Cree, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Connie Wilcox, Councilperson. The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Highway Superintendent and the County Highway Superintendent, each with the legislative' approval of their respective Boards, entered into a Memorandum of Understanding dated September 21, 2010, whereby certain Town Highways would become County Highways and certain County Highways would become Town Highways, subject to the fulfillment of certain conditions which have now been fulfilled; and WHEREAS, and upon due deliberation, the Town Board of the Town of Lansing has hereby: RESOLVED, that the said Memorandum of Understanding be and hereby is approved and the Town Highway Superintendent be and hereby is authorized to affect the roadway swap as therein outlined; more specifically: 1. Approximately 1.22 miles of East Lansing Road (current County Road 152, approximately 1.22 miles) shall become a Town Road; 2, Approximately 0.76 miles of Buck Road (part of County Road 153) shall become a Town Road; 3. Milliken Station Road (approximately 0.79 miles) shall become a Town Road; 4. Farrell Road (from Warren Road to the Town line, approximately 1.03 miles) shall become County Road 108; and 5. North Lansing School Road (SR 34 to Van Ostrand Road, approximately 1.37 miles) shall become County Road 100. The question of the adoption of such proposed Resolution was duly motioned by Mr. Pinney, duly seconded by Mr. 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) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolution was approved, carried, and duly adopted. Park and Recreation Department Report: Mr. Colt went over the following with all present: 24 Parks & Recreation Department LOPW t Town Board Meeting RECREATION 223 The Youth Soccer Program is completed and most of the equipment has been turned in for reconditioning. The kids and teams that played this season on Mondays & Wednesdays seemed to run into a lot of rainy weather and school open houses. Indoor Soccer - for the first tune we are offering an indoor program in cooperation with The Field for players in grades K4. This is a coed program where K -2 play from 6 -7 PM and grades 3 & 4 play from 7 - S PM on Friday evenings. YFL Football - Our 2 teams are doing very well with. some really great coaching this year. Our team numbers are very healthy and there has been a lot of playing time. Our last home game is this coming Sunday and the last game of the season is next Saturday at Dryden. ® Flag Football - We have 2 teams of 2ad & 3rd grader; and both teams will. have played 5 or 6 games by the time the season ends next weekend. Youth Cheerleading Program - Our cheerleaders cheer at most of our YFL games and are preparing for the end of the year Cheerleading Competition Event taking place in Dryden this year in two weeks. This program is under the direction of 'Theresa Armstrong. ® Fall Cross Country Race - This year we hosted our race at Myers Park on October 9th as a part of the county wide X -C Race series. We had over 60 runners which were the most at any race this year and the event was PERFECT!!! The course layout in .Myers was excellent as compared to the Ballfields and we had great volunteer helpers. Upcoming late fall & winter programming - We are currently taking registrations for Bowling, Gymnastics, Karate, Indoor Soccer and. the Ski Program. We already have 106 skiers registered by the early discount period. Our ADULT programs are on going. Art Show Grants - Robin Schuttenberg and I have now completed. 2 grants for this year's show. We are anticipating success with both of these grants and will report the results when awarded. PARKS Camping closed -The camping season ended on October 12th concluding one of our best seasons ever. We will start taking reservations for next year in early January. Camp site ma.nagers - Our campsite managers have retired after doing a really great job for the past several years. This is an important position and may be difficult to fill. We are considering some options but will probably start a search soon. Tree planting in parks - I was approached by Cayuga Landscape regarding a donation of trees. 'Three large trees were donated and have been planted. One on the west 25 224 side of the new playground and 2 in Ludlowville Park. The combined value of the trees $1,027.00. Waterline winterization - Today all. of the waterlines in .Myers .Park are being winterized for the season. The grounds are being cleaned up and the parks are just about done for the season, even though walkers will continue throughout the year. New Daycamp building - We had been planning this improvement for a long time and finally got it done. The heavy rains of 2 weeks ago once again flooded out the current Daycamp building. Also, the current Daycamp building is actually the small building attached. to the BBQ pit area., which is always dirty. We located a spot near the old building along the hedge near the "B" pavilion, poured a concrete pad and placed a 10'X12' shed. This will make a. great, clean. and safer place for the Daycamp to work out of. Paver project completed -The Myers Park entrance garden paver project is competed. Pat, Jon, Charlie and Wayne did a really great job with this project and have also planted all of the perennial plants. It looks nice and next spring when the plantings bloom it should be spectacular! This was all made possible by the Community Beautification Program grant, and I am finishing the final. report at this time. Mr. Christopher wanted it on record that he appreciates personally and from the stand point of the Board, the great job that was done this past summer by Wayne, Charlie, Jon and Pat. Their efforts sometimes go unappreciated and sometimes they are taken for granted but the work that they do all summer in the Myers Park has been great again this year. Approve Minutes: RESOLUTION 10 —159 A copy of the minutes of September 15, 2010, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mrs. Miller and seconded by Mr. Cree: RESOLVED, that the minutes of September 15, 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) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 10 —160 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: 26 CONSOLIDATED ABSTRACT # 010 DATED 10/20/10 AUDITED VOUCHER #'s 969-1070 PREPAY VOUCHER #'s 969-981 AUDITED TA VOUCHER #'s 108 -110 PREPAY TA VOUCHER #'s 108-121 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 78,551.34 HIGHWAY FUND $ 163,140.02 LANSING LIGHTING $ 2,337.57 LANSING WATER DISTRICTS $ 11827.48 TRUST & AGENCY $ 31,609.39 WARREN RD SEWER $ 489,001.50 DEBIT SERVICE $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A 10120/2010 Board Meeting FROM TO FOR AMOUNT A1620.403 Al 620.400 From Buildings Electric to Buildings Contractual 11500.00 Al 620.405 A1620.400 From Buildings Repairs to Buildings Contractual 31000.00 A1630.405 A1630.400 From Comm Cntr Repairs to Comm Cnrt Contractual 11500.00 A7110.403 A7110.400 From Parks Electric to Parks Contractual 11000.00 A7110.200 A7110.410 From Parks Equipment to Marina Repairs 301465.12 From Playground Contractual to Playground Personal A7140.400 A7140.100 Srvcs 100.00 A7310.400 A7310.200 From Youth Services Cont to Youth Services Equip 39150.00 Al 990.400 A7620.400 From Contingency to Adult Rec Contractual 300.00 A9060.800 A9050.800 From Health Insurance to Unemployment Ins 575.00 WATER FUND SW FROM TO FOR AMOUNT SW1990.400 SW8310.403 From Contingency to Water Admin Fiscal 351.00 DEBT SERVICE FUND V FROM TO FOR AMOUNT V599 V9730.601 From Fund Balance to Hwy BAN Princ 10 979.00 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Robert Cree, Councilperson 27 225 226 Vote of Town Board ... (Aye) Kathy Miller, Councilperson Vote of Town Board ... (Aye) A. Scott Pinney, Supervisor BOARD MEMBER REPORTS. Marty Christopher: TCCOG Meeting: Mr. Christopher and Mrs. Miller attended a TCCOG Meeting. In the matter of the Youth Program's Budget, he came out of it with the since that the County's intent was that they are not going to fund the project at all. Mr. Barber is trying to get a group together to look into this. Robert Cree: Budget Process: Mr. Cree stated that the budget process has been a very educational experience. He thanked Jack, Scott and Jeff for all of their help and consideration they put into the budget process. Kathy Miller: TCCOG Meeting: Mrs. Miller stated that she agreed with Mr. Christopher in regard to what the County will offer. She also did not think they would be willing to fund the Youth Services program. She felt it is disingenuous of them. She stated that all of the Town's that were at the meeting were in full support of the youth services program. Connie Wilcox: Absent A. Scott Pinney: Union Negotiations: Mr. Pinney stated that there is a preliminary agreement and they are just waiting for a vote to move forward. Monthly Report: The Supervisor submitted his monthly report for the month of September to all Board Members and to the Town Clerk. Town Counsel Report: Nothing to report at this time. Adjourn Meeting: 92 RESOLUTION 10 —161 RESOLUTION, offered by Mr. Pinney and seconded by Mr. Christopher: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 8:02 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) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. 29 227 228