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HomeMy WebLinkAbout2011-08-17 REGULAR TOWN BOARD MEETING August 17, 2011 A Regular Meeting of the Town Board of Lansing was held at the Town Hall Board Room, 29 Auburn Road, Lansing,NY on the above date at 6:00 p.m. The meeting was called to order by the Supervisor, A. Scott Pinney and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: A. Scott Pinney, Supervisor Marty Christopher, Councilperson Robert Cree, Councilperson Kathy Miller, Councilperson Connie Wilcox, Deputy Supervisor ABSENT: None ALSO PRESENT: Guy Krogh, Town Attorney, Jack French, Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Jeff Overstrom, Engineering and Planning Coordinator, John O'Neil, Village of Lansing, Fred Schwarz, Heather Filiberto, Michael Cohen, Dan Veaner, Ed LaVigne, Andy Sciarabba, Dave and Joyce Heck, Pat Pryor, Tompkins County Legislator, Ruth and Roger Hopkins, Amy Willard, Ted Laux, Glynis Hart and several other residents. PRIVILEGE OF THE FLOOR: Pat Pryor—Tompkins County Legislator: Ms. Pryor gave a brief update on the 2012 Tompkins County budget overview and provided the Town Board and the public with the following: Major Budget Drivers • Labor costs • Mandated expenses • State budget cuts • End of Stimulus/No Mortgage Tax • Fuel costs • Sales tax Major Mandates 2011 2012 Change Medicaid $11.6 $11.9 $0.3 Welfare $ 3.2 $ 3.2 -- Child Care $ 1.0 $ 1.6 $0.6 PreK/EI $ 3.2 $ 3.1 -$0.1 All Other $ 3.4 $ 3.6 $0.2 Total $22.4 $23.4 $1.0 1 Summary Pensions $1.0 mil 2.4% Health Benefits $0.9 mil 2.2% Wages and Other $0.9 mil 2.2% Major Mandates $1.0 mil 2.5% State Aid Losses $0.9 mil 2.2% Mortgage Tax $0.9 mil 2.2% Other(incl. Fuel) $0.4 mil 1.0% Sales Tax -$0.7 mil -1.8% Total $5.3 mil 13.0% Local Dollar Costs Mandates • Medicaid NM • Welfare • Child Care • PreK Special Education • Early Intervention • Assigned Counsel • Outside Colleges • Mental Health Hospitalization • Jail Board Outs •Mandates Other Fixed Mandated Resp. Discretionary Local Dollar Costs Other Fixed Costs NM • Insurance Reserve • Capital Program • Utilities and Rent i • TCAT • Contingent Fund 20%u • Jail • TC3 • History Center • Communication Center Maintenance •Mandates Other Fixed Mandated Resp. Discretionary 2 Local Dollar Costs Mandated Responsibilities • District Attorney • Probation • Sheriff-Civil 111 1 • County Clerk 20% • Elections • Personnel (Civil Svc) • Health Department • Weights & Measures • DSS •Mandates Other Fixed • Assessment •Mandated Resp. Discretionary Local Dollar Costs 30% Discretionary • Emergency Response • Road Patrol • Highways • Facilities Maintenance III 1 • Library 20% • Mental Health • Youth Services • Information Technology • Office for the Aging • County Administration • Agencies •Mandates Other Fixed Others ••Mandated Resp. Discretionary Spending Hierarchy Fixed Costs Mandates $23.3 Other $16.1 Total $39.4 Locally Controlled Mandated Resp. $16.2 Discretionary $23.6 Total $39.8 Local Dollar Budget $79.2 3 Scenarios Tax Levy Tax Rate per Tax on Spending %Spending rda y^° Thousand $160k Home Cut 0% ,UJJ -PO.J1v1 13.3% 1% $6.54 $1,046 -$4.9M 12.2% 2% $6.60 $1,056 -$4.5M 11.2% 3% $6.66 $1,066 -$4.1M 10.2% 4% $6.73 $1,077 -$3.7M 9.2% 5% $6.79 $1,087 -$3.2M 8.2% 5.4% $6.82 $1,091 -$3.1M 7.8% 6% $6.86 $1,097 -$2.8M 7.1% 7% $6.92 $1,108 -$2.4M 6.1% 8% $6.99 $1,118 -$2.0M 5.1% 9% $7.05 $1,128 -$1.6M 4.1% 10% $7.12 $1,139 -$1.2M 3.1% Ms. Pryor stated that with mandate relief, the 2%tax cap could amount to a four of five percent tax cap. Councilperson Wilcox, after watching the broadcast of the televised meeting, stated that it appears the County Legislators definitely want to increase the tax cap. Everybody is allowed to raise the cap to whatever they want by a supermajority. This was not the governor's intention when he put this 2% cap in place. Ms. Pryor stated that the County is still considering two scenarios, one that raises the County levy by 2% and another by 5.4%. The State is still putting out regulations as to how the County could interpret the tax cap. At this point the maximum that will be allowed is a four to five percent tax levy increase. Supervisor Pinney stated the county residents are being taxed out of their homes. When the County Assessment Department raises assessments, they do not take into account that all taxes are increased for property owners whose assessments go up. This includes school taxes, town taxes and maybe village taxes. A combination of theses taxes continually go higher than the inflation costs go up. As you look at the numbers you presented tonight, the County is already committed to raising taxes above what the caps are. Supervisor Pinney stated that the caps should be the highest goal and the taxes should actually be lower than the cap. Ms. Pryor reviewed the costs of mandates, mandated responsibilities, discretionary and other fixed costs. Ms. Pryor stated that the tax cap simply shifts the tax burden from the state to the counties. Councilperson Wilcox stated that whenever these groups don't get funding from the County, they then come to the Town Board and ask for funding. When funding isn't available from the Town and the groups are turned down, then the Town Board is the bad guy. She encourages Ms. Pryor and the County Legislator to take a good look at the budget this year. Supervisor Pinney stated that the County does have a way to reduce spending on mandates by looking for efficiencies. Ms. Pryor stated that the Legislature is considering sharing staff between departments and using cross training and job cuts. They have reduced the county workforce by 7% over the last two years and expect a major reduction this year. The county sold their license to provide home health services and reduced the workforce by 14 people. The income from the sale will be put against the tax levy. Supervisor Pinney noted that the Legislature barely turned down a $100,000 project on Ellis Hollow Road to change the color of the shoulders. He hopes the Legislator continues to turn down projects like this when the infrastructure is falling apart. 4 Ms. Pryor stated that the Legislator will have a lot of pressure to vote in favor of going over the tax cap. She stated she is not going to vote to pay for things that they are not required to pay for. If she is convinced that the Legislature has done everything they can, and are not able to pay for the mandates that they are required to pay for, then she would have to consider going over the tax cap. Fred Schwarz—823 Auburn Road: Mr. Schwarz stated that he is concerned with the fracking issue. In the Ithaca Journal he read that other municipalities are dealing with the issue,but he has not seen anything in regard to the Town of Lansing. He understands a committee will be formed in September to study this issue. He is willing to help the committee as he has a background in chemistry. He is familiar with fracking issues and special permits in New York State. Supervisor Pinney stated that Councilperson Miller is on the committee and will contact him with meeting dates. He appreciates Mr. Schwarz volunteering to help the committee. Dave Heck— 16 Ladoga Park: Mr. Heck commended Jack French and the Highway Department for the mowing job they have done this summer. When other agencies have not mowed, our Highway Department has mowed twice. The gateway to the park before the July 3rd fireworks and before Harbor Fest was very noticeable and mowed way beyond the shoulders. He also noted the work that was done on Salmon Creek Road and the ditch work on Brown Hill Road. Dan Veaner— Lansing Star: Mr. Veaner sent word from Karen Veaner, Lansing Community Council, that over 3,000 people attended the Lansing Harbor Fest on Saturday. Presentation of the Town Center Incentive Zone : Heather Filiberto, from the Tompkins County Area Development and Andy Sciarabba, Chairman of the Lansing Economic Development Committee gave an update of the Town Center Incentive Zone. The Town Center Committee has developed a plan and vision for a new Town Center. The Economic Development Committee worked with Ms. Filiberto to provide a policy that would provide incentives to promote development within the zone. The proposal promotes industrial, retail, commercial and multi-family rental housing development. The kinds of incentives that could be provided through the IDA include a property tax abatement which would be a 10 year abatement starting at 100% of the increase in property taxes as a result of development, it is just on the improvements. Incentives would also include a sales tax abatement on construction materials, furniture, fixtures and equipment. The New York State portion of the mortgage recording tax would also be abated. The process starts when a developer submits a pre-application to the Town. The Town Board decides whether or not the project meets the Town's planning goals. The Town Board then passes the application to the IDA with their endorsement. At that stage the developer submits a full application to the IDA, which then holds a public hearing, and then votes on whether or not to extend the incentives. It will take about 60 days for a developer to get a ruling from the IDA. The Economic Development Committee set goals for the projects that will make application more likely to be accepted. Some examples are the creation of quality rental housing that meets the needs of the community, or the type of projects that increase the assessed value and generate property taxes for the Town. 5 Andy Sciarabba stated that it allows us to present projects to the Town Board that need incentives. It is not automatic that you will say yes or no. Once the Town is satisfied that this is a deserving project, then they make a recommendation to the IDA. This will provide services to the community that the Town doesn't currently have. Supervisor Pinney thanked both Ms. Filiberto and Mr. Sciarabba stating that this is a great plan and a huge benefit to the Town of Lansing for years to come. Supervisor Pinney discussed the possibility of rezoning and removing the MS4, Stormwater, out of this area to help this incentive zone. Counsel, Guy Krogh recommended doing an EIS, a shovel ready certification to help the developers. Dan Veaner asked Ms. Filiberto if the IDA has endorsed the plan? Ms. Filiberto stated that the Town Board drafted an endorsement and sent it to the IDA. The IDA is very positive about it and has asked her to take it back to the Town for public comment and that is what she is doing tonight. The IDA will take the information Ms. Filiberto brings back to them and give the plan final approval. Dan Veaner asked Supervisor Pinney where the Town is in the process of purchasing the land for the Town Center? Supervisor Pinney stated that State required a second appraisal, which was completed about two months ago. Three weeks ago he spoke with the State Official who is handling the sale and was told that he would get to it when he could. The money was budgeted this year to pay for it. The formality to have the second appraisal is done and everything looks good at this point. Ms. Filiberto stated that this is a policy that you will be able to use very widely to promote development and lower the cost of development in the concentrated area. Below is a proposed map that was presented at the Town Board meeting: 6 Rd 1 1 R3 RA . RA (Possibly R1) ' I i B. ',-r r. o rte. �_ `.Community .r m ,* i Building m� a g _ 5� _ o m7 F'n u ': i 3 F ,. o U 4p 1R C New \Available for Y= - Road I I Development �� A+all t-A o' i i ` � Daee' 2 raerC I New , 7. IIntersecUOn �g-/ I I- I t `"°t i I P_ruville Rd °REeritlu Vml SI i "---.". 1 Co*La��enti r B (A'l)� OtButid,ng _.. Trail __1 � xtr N w .. °un ene,. � 'ureen , V: Senior a Housing �I t J " . -, S1 R1 B2 - i, e (Possibly R2) a' ,4 .: I I 1 f 'Old RRlral t' Imo�'' ,- -- :.„R2 Drake Rd i ,t, ICI R2 \" Ra — —_ p J,ty (. R2 ` � �e HEY' � Sold outline mdcates zoning I - ■''Lighter fie color illustrates proposed � -. Town Lends------- '-1.II Lansing Town Center Study i i Concept Sketch Continue R2 or apni 2010 1 encourage R1 1 HOLTTrc Mr OPEN PUBLIC HEARING ON THE CWD EXTENSION BY BOUNDARY CHANGE—LONCTO: RESOLUTION 11-133 Councilperson Wilcox moved to OPEN THE PUBLIC HEARING ON THE CONSOLIDATED WATER DISTRICT (CWD) BOUNDARY CHANGE TO INCORPORATE 1.7 ACRES OF LAND LOCATED AT 39 HILLCREST ROAD at 6:40 PM. Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye CLOSE PUBLIC HEARING: RESOLUTION 11-134 7 All persons desiring to be heard, having been heard, Supervisor Pinney moved to CLOSE THE PUBLIC HEARING ON THE CONSOLIDATED WATER DISTRICT (CWD) BOUNDARY CHANGE TO INCORPORATE 1.7 ACRES OF LAND LOCATED AT 39 HILLCREST ROAD at 6:41 PM. Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye OPEN PUBLIC HEARING ON SEQRA REVIEW OF THE ENVIRONMENTAL IMPACTS OF THE PROPOSED CWD BOUNDARY CHANGE—LONCTO: RESOLUTION 11-135 Supervisor Pinney moved to OPEN THE PUBLIC HEARING ON THE PROPOSED SEQRA REVIEW OF THE ENVIRONMENTAL IMPACTS OF THE PROPOSED CONSOLIDATED WATER DISTRICT (CWD) BOUNDARY CHANGE TO INCORPORATE 1.7 ACRES OF LAND LOCATED AT 39 HILLCREST ROAD at 6:42 PM. Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye CLOSE PUBLIC HEARING: RESOLUTION 11-136 All persons desiring to be heard, having been heard, Supervisor Pinney moved to CLOSE THE PUBLIC HEARING ON THE SEQRA REVIEW OF THE ENVIRONMENTAL IMPACTS OF THE PROPOSED CONSOLIDATED WATER DISTRICT (CWD) BOUNDARY CHANGE TO INCORPORATE 1.7 ACRES OF LAND LOCATED AT 39 HILLCREST ROAD at 6:43 PM. Councilperson Wilcox seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION LONCTO CWD BOUNDARY CHANGE: Counsel, Guy Krogh explained the environmental review of the proposed water district boundary change that is mandated by State Law. RESOLUTION 11-137 LONCTO-HILLCREST ROAD BACK LOT EXTENSION VIA CWD BOUNDARY CHANGE -DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION The following Resolution was duly presented for consideration by the Town Board: 8 WHEREAS, owners of a certain lot within the Town of Lansing, located at 39 Hillcrest Road (near Warren Road) have had difficulty with water supplies, water quality, and thus need to obtain public water, and, accordingly, they have requested to have their property be included within the Consolidated Water District ("CWD"), and the said parties (Steve and Nancy Loncto, herein the "Developers") have signed a Developer's Agreement to pay the costs of extending the CWD, together with all permit fees and the installation and related costs for running and installing the applicable or necessary water lines and appurtenances; and WHEREAS, the said Developers have supplied, at their expense, a Map, Plan and Report ("MPR") for such district extension by boundary change, and have petitioned the Town to proceed under Article 12-A to effect a CWD boundary change to bring their property within the CWD, and examinations of the existing Town policy for back-lot extensions and the MPR show that such an extension is feasible, and the Town has approved the MPR and issued a Public Interest Order under Town Law § 209-d; and WHEREAS, this action was duly classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak), and the Town Board of the Town of Lansing proposed 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; and WHEREAS, the Involved and Interested Agencies were duly declared and determined and the Town duly delivered a Notice of Intent to each such agency, and no objection to the Town Board proceeding as Lead Agency has been received; and WHEREAS, a public hearing to consider the environmental impacts of the proposed action was duly held on August 17, 2011, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject matter were permitted to speak and present evidence for or against the action and/or in relation to the potential environmental impacts thereof; and WHEREAS, the environmental impacts identified were the noise, erosion and dust potentially created during construction, which potential impacts are and will be mitigated by construction reviews, inspections and permitting, on site stormwater controls; and such potential impacts redeemed and found further limited as they are only temporary and short-term impacts that are limited to the installation of a single residential water line; all of which impacts are therefore deemed mitigated and non-significant; and WHEREAS, and after weighing: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town's master plan and/or Comprehensive Plan and local needs and goals; and(vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the input from each and all Involved and Interested Agencies, if any, and the Lead Agency having made a negative declaration of environmental impact; accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence 9 presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2. The Town Supervisor of the Town of Lansing. 3. All Involved and Interested Agencies. 4. Any person requesting a copy. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Cree, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 17, 2011. APPROVE CWD BOUNDARY CHANGE LONCTO-HILLCREST BACK LOT EXTENSION AND ORDER FOR NOTICE OF REFERENDUM: RESOLUTION 11-138 CONDITIONAL APPROVAL OF TOWN OF LANSING CONSOLIDATED WATER DISTRICT BOUNDARY CHANGE FOR LONCTO-HILLCREST BACK LOT EXTENSION AND ORDER FOR NOTICE OF REFERENDUM The following Resolution was duly presented for consideration by the Town Board: WHEREAS, owners of a certain lot within the Town of Lansing, located at 39 Hillcrest Road (near Warren Road) have had difficulty with water supplies, water quality, and thus need to obtain public water; and accordingly, they have requested to have their property be included within the Consolidated Water District ("CWD"); and WHEREAS, the said parties (Steve and Nancy Loncto, herein the "Developers") have signed a Developer's Agreement to pay the costs of extending the CWD, together with all permit fees and the installation and related costs for running and installing the applicable or necessary water lines and appurtenances; and WHEREAS, the said Developers have supplied, at their expense, a Map, Plan and Report ("MPR") for such district extension by boundary change, and have petitioned the Town to proceed under Article 12-A to effect a CWD boundary change to bring their property 10 within the CWD, and examinations of the existing Town policy for back-lot extensions and the MPR show that such an extension is feasible; and WHEREAS, the MPR was accepted and deemed final, complete, and in compliance with Town Law §§ 209-c and 209-d, and the creation of said extension by CWD boundary amendment is declared and deemed to be in the public interest, and the Town Board desires to now proceed towards completion of the amendment of the CWD boundaries pursuant to the authority of Article 12-A of the Town Law to incorporate the subject land into the CWD; and as the Town Board further: (i) determined and described the boundaries of the proposed district extension by boundary change; (ii) described the improvements to be made; (iii) described the cost of the public improvements; (iv) described the connection fee for the typical user, including permit costs; (v) described the first-year's and annual user costs for the extension; (vi) described the financing, if any, applicable to the project; (vii) declared the MPR incorporated into the Public Interest Order and Resolution, noted that such MPR described in detail how the financing, hook- up costs, and other costs and expenses, were estimated and computed, and noted that the MPR was filed at the Town Clerk's Office as required by law; and (viii) declared and scheduled a public hearing to consider the said Public Interest Order and Resolution, the Town Board duly thus finds that all proceedings to date have been in compliance with Town Law Article 12-A; and WHEREAS, said public hearing was duly held at upon August 17, 2011, at the Lansing Town Hall, 29 Auburn Road, Lansing,New York, and thereat all persons interested in the subject hereof were duly heard and all submitted evidence was accepted and reviewed, and after conducting the aforesaid public hearing, and in consideration of all evidence reviewed and considered thereat and otherwise, the Town Board of the Town of Lansing has hereby duly RESOLVED AND DETERMINED, that: (i) the Notice of Public Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed extension of the CWD are benefited thereby; (iii) all benefited properties and property owners are included within the said extension; and (iv) the establishment of said extension is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said CWD district extension are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of all that land as identified as tax parcel number 44.-1-5.1 (39 Hillcrest Road), all together with the land survey, metes and bounds, and/or such other descriptions and maps as are on file in the Tompkins County Clerk's Office for the foregoing tax parcel number, being approximately 1.7 acres of land; and it is further RESOLVED AND DETERMINED, that the construction and improvements identified in the afore-described Public Interest Order and Resolution be and the same are hereby approved and authorized, and further, the establishment of Town of Lansing CWD Extension by boundary amendment for the Loncto-Hillcrest back lot be and hereby is approved; and it is further RESOLVED AND DETERMINED, that the provision of services of and by the CWD be and the same are hereby authorized and to be provided to such CWD district extension after issuance of the Final Order of formation of this district extension and the completion of construction and/or permitting, as required; and it is further RESOLVED AND ORDERED, that this Resolution is subject to permissive referendum pursuant to Town Law §209-e and Town Law Article 7; and it is further RESOLVED AND ORDERED, that the Town Clerk publish and post a Notice of Referendum as soon as is possible, and within 10 days of the date of this Resolution. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Pinney, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye 11 Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 17, 2011. APPROVE MPR FOR DRAINAGE DISTRICT#6—LANSING COMMONS SUBDIVISION—ISSUE PUBLIC INTEREST ORDER—NOTICE OF PUBLIC HEARING: RESOLUTION 11-139 RESOLUTION APPROVING MAP,PLAN & REPORT FOR PROPOSED DRAINAGE DISTRICT#6 FOR LANSING COMMONS SUBDIVISION AND ISSUING PUBLIC INTEREST ORDER AND NOTICE OF PUBLIC HEARING FOR SAME The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Developer of the Lansing Commons Subdivision has requested that, pursuant to a certain Developer's Agreement between the Developer and the Town, the Town begin the drainage district formation process under Town Law Article 12-A in respect of the conditions of approval of the Lansing Commons Subdivision, located south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing (P/O Tax Map Parcel 37.1-2-53.222); and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for Lansing Commons Subdivision, and having previously authorized the preparation of a Map, Plan and Report ("MPR") therefore, and no objection to such resolution having been received, and no request for a referendum having been filed or received, and the Town Board having reviewed and accepted the MPR as prepared and submitted by the Town Engineer as complete and final; and WHEREAS, the creation of a Drainage District is deemed to be in the public interest, and in the interest of the affected property owners proposed to be included in such district; and WHEREAS, the Town desires to proceed towards establishment of Drainage District #6 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 upon the foregoing and the public interests to be served and the properties to be benefited thereby, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of Town Law §§ 209-c and 209-d, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed district; and it is further RESOLVED AND DETERMINED that it is in the public interest and to the benefit of all parcels in the proposed district to establish the Town of Lansing Drainage District #6; and it is further RESOLVED AND DETERMINED that all benefited parcels are included within such district and no benefited properties have been excluded from the district; and it is further RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law §209-d as follows: (1) The boundaries of the proposed district are inclusive of part of tax parcel number 37.1-2-53.222, being approximately 13.14 acres in size, as shown upon a map 12 entitled "Proposed Drainage District for Lansing Commons Subdivision," as drawn by T.G. Miller, P.C., and dated August 6, 2011 (herein, the "Map"), as on file at the Clerk's Offices, which map is incorporated herein, and which map shows all lots within the said Lansing Commons Subdivision and all lots and parcels of land benefited by proposed Drainage District#6. (2) The proposed improvements consist of a stormwater retention pond, a series of vegetated swales and ditches to convey stormwater to the pond forebay, a culvert, and other related stormwater facilities and drains, all of which are set forth upon the Map (which Map is expressly herein incorporated herein, as now exists or as hereafter amended). All costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law, NYSDEC GP-0010-001, and the Developer's SWPPP. The Town's maintenance responsibilities include inspections, sediment and debris removal, vegetation management, animal and nuisance management, erosion control, and structural repairs. The Developer will provide easements and rights-of-way to the Town and the District for normal maintenance and emergency access, and title to the pond and forebay lot is proposed to be dedicated to the District; (3) The estimated cost to the Town and the District for the proposed improvements is $0.00, which is the maximum amount proposed to be expended by the Town or the District; (4) There is no hook-up cost for or to the drainage district; (5) There is no financing needed for this project; (6) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (7) A public hearing upon such proposed district will be held at 6:05 pm upon September 21, 2011, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and (8) The Map, Plan and Report describes in detail how the financing, hook-up costs, and other costs and expenses of the proposed drainage district were estimated and computed, including the first year's estimated average maintenance cost of$249.33 per parcel (with actual costs varying per parcel size from a low of$200.00 to a high of$405.00); such costs are proposed to be paid through special benefit assessments for the benefited parcels of the proposed district, to be collected with the annual Town and County tax bill. and it is further RESOLVED AND DECLARED that the average cost was computed by identifying the frequency that each maintenance activity is required; then establishing the number of hours and cost per hour for such maintenance activity; and then arriving at a total district first year's estimated cost of $3,740.00. Such amount was then applied to the total acreage of the benefited subdivision, being 13.14 acres; then a pro-rata formula was applied to each lot for payment in accordance with the total cost per acre, all as shown more particularly on pages 4-6 of said MPR (with maps at pp. 7-8). This statement of detail as to how the costs were calculated is and shall be deemed the required computation statement required to be filed with the Town Clerk by Town Law § 209- d(1); 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 and copy of the Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing. 13 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox duly seconded by Councilperson Cree, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 17, 2011. SCHEDULE PUBLIC HEARING FOR SEQRA REVIEW OF PROPOSED DRAINAGE DISTRICT#6—LANSING COMMONS RESOLUTION 11-140 RESOLUTION SCHEDULING HEARING FOR SEQRA REVIEW OF PROPOSED DRAINAGE DISTRICT#6 AND MAKING CERTAIN SEQRA DETERMINATIONS AS TO SEQRA CLASSIFICATION AND THE DESIGNATION OF LEAD AND OTHER AGENCIES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS Law and the Town's Stormwater Local Law require the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Developer of the Lansing Commons Subdivision has requested the creation of a Drainage District, and the Town Board has issued a Public Interest Order relative to formation of the said Drainage District #6 and desires to conduct a SEQRA review to examine the environmental impacts of such proposed Drainage District, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan; accordingly, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1. This action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests for coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the NYS Department of Environmental Conservation, the Tompkins County Health Department, and the Town of Lansing Planning Board; 4. There are determined to be no Interested Agencies; and it is further 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 21st day of September, 2011, at 6:10 pm, to consider a SEQRA review of the environmental impacts of proposed Drainage District #6, 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 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, at least 14 days before the date of such hearing; and it is further RESOLVED, that the Town Clerk immediately issue and deliver a Notice of Intent relative to Lead Agency status to all Involved and Interested Agencies. 14 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Cree, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 17, 2011. RESCIND RESOLUTION 11-131 AUTHORIZATION OF BONUS COMPENSATION TO EMPLOYEES: RESOLUTION 11-141 RESOLUTION TO RESCIND RESOLUTION 11-131 AUTHORIZATION OF BONUS COMPENSATION TO EMPLOYEES RUMGAY AND GRANT FOR UNDERTAKING EXTRA WORK TO SOLVE PROBLEMS IN CERTAIN TOWN OFFICES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing at their Regular Town Board meeting held on July 20, 2011 adopted Resolution 11-131. Said Resolution was an Authorization of Bonus Compensation to Employees; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that Resolution 11-131 is RESCINDED as the situation is being subjected to further examination. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Pinney, duly seconded by Councilperson Wilcox, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing resolution was approved, carried and duly adopted on August 17, 2011. AMENDMENT TO THE JOB DESCRIPTION OF CLEANER: RESOLUTION 11-142 RESOLUTION APPROVING AMENDED CLEANER JOB DESCRIPTION UNDER CIVIL SERVICE LAW The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town's "Cleaner"job description lists duties and classifies the position as a full time labor position; and 15 WHEREAS, the person who once filled such position has retired and, based upon job duties required and an evaluation of such position, some duties need not be listed, were not traditionally performed by the Cleaner, and were performed by other Town employees; and WHEREAS, as a result of such reduction in job duties the position needs to be and hereby is re-classified as part-time; and WHEREAS, such changes in the position and the description of the job duties must be approved by the Town Board and filed with and approved by the NYS Civil Service Depai lnient; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the amendments and updates to the Cleaner position, including its classification as a part-time position and the change in duties, be and hereby is adopted and approved. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Christopher, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on August 17, 2011. RECOGNIZE UAW BARGAINING UNIT AT BOLTON POINT: Councilperson Wilcox briefly explained the request. Counsel Guy Krogh stated that Civil Service Law requires Legislative approval of recognition of the union. SCLWIC (Bolton Point) is not a Legislative body and therefore the resolution must be approved by each municipality. Supervisor Pinney stated that the resolution was recommended by Legal Counsel. RESOLUTION 11-143 RESOLUTION TO RECOGNIZE UNITED AUTO WORKERS (UAW) LOCAL 2300 AS EXCLUSIVE REPRESENTATIVE FOR THE NON-MANAGEMENT TECHNICAL, OFFICE AND CLERICAL STAFF OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Southern Cayuga Lake Intermunicipal Water Commission received a letter requesting the Commission recognize the UAW Local 2300 as the exclusive representative of the non-management technical, office and clerical staff of the Commission for the purposes of collective bargaining on August 2, 2011, and WHEREAS, the Commission has determined that it is in the best interests of the Commission, and the goodwill of its employees, to recognize the UAW Local 2300 instead of rejecting the request, for the titles of Account Clerk Typist and Technical Services Coordinator, excluding any seasonal or temporary office or clerical staff; and 16 WHEREAS, the Commission on August 4, 2011 unanimously approved the recognition of the UAW Local 2300 as the exclusive representative for collective bargaining purposes of all Account Clerk Typist(s) and Technical Services Coordinator, excluding all seasonal or temporary employees; and WHEREAS, and accordingly, after considering and upon deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED,that the Town Board of the Town of Lansing does hereby approve the Southern Cayuga Lake Intermunicipal Water Commission's recognition of UAW Local 2300 as the exclusive representative for collective bargaining purposes of all Account Clerk Typist(s) and Technical Services Coordinator, excluding all seasonal or temporary employees; and be it further RESOLVED, that in accordance with the requirements of Section 201.6 of the New York Civil Service Rules and Regulations, the Town Clerk of the Town of Lansing is hereby authorized and directed to publish a written notice of this recognition of UAW Local 2300 in the Ithaca Journal published in the City of Ithaca, Ithaca,New York, for not less than one (1) day, and to post a copy of same on the Clerk's signboard for not less than five (5) working days. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Christopher, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Accordingly, the foregoing resolution was approved, carried and duly adopted on August 17, 2011. BOLTON POINT 2012 BUDGET: Supervisor Pinney, Budget Committee Member at Bolton Point discussed the proposed 2012 Operating Budget. A copy of the proposal was passed out for Board members to follow as he reviewed the proposal. Supervisor Pinney discussed the proposed requested water rate increase along with the following items. 1. The Additional Plant Equipment Maintenance Filter#2 - $100,000 2. North Triphammer Road Transmission Main Replacement- $700,000 3. Burdick Hill Tank Replacement $1,000,000 - $87,500 4. Proposed Bone Plain Road Tank 5. Fund Balance Surplus 6. 100%payment of Employee Benefits 7. Vehicle Replacement After further discussion it was the consensus of the Board to send a strong message that the proposed budget is not acceptable and the Town is asking for a 0% increase. BOLTON POINT INSPECTIONS: The Town Board discussed the possibility of the Town Planning and Engineering Department doing all the inspections for water instead of Bolton Point. This was previously done by the Town of Lansing. Jeff Overstrom stated that his office would be able to perform these inspections including commercial projects as well. Jack French stated that his employees can connect to the main for new services. This will be researched and discussed for the future. 17 PLANNING and ENGINEERING DEPARTMENT REPORT: Jeff Overstrom reported the following to the Board: Farm Pond Circle: Mr. Overstrom stated that he and Jack French have been working on the project. They are working on coming up with new profiles for the roads along with the stormwater infrastructure. The progress is slow and he doesn't expect to see any projects being done this year. Woodland Park Project: The Cardamone project, Woodland Park, received total endorsements from the DEC and the Tompkins County Health Department. They were endorsed and signed today by Planning Board Chairman, Lin Davidson. The project is now ready to proceed. Lucente's Project: Larry Fraboni, Engineer for Lucente has proposed a major project on Warren Road. They will be on the agenda for a Developer's Conference at the Planning Board meeting on September 12th. Mr. Overstrom has a contact with the Pathways Committee to set up a meeting with Mr. Fraboni so they can coordinate the project as it progresses. Mr. Overstrom has also asked Mr. Fraboni to work with Brent Cross at the Village of Cayuga Heights on capacity issues for sewer. Monthly Report: Mr. Overstrom submitted his monthly activity report for the month of July to all Board members and the Town Clerk. HIGHWAY DEPARTMENT REPORT: Jack French reported the following to the Board: Energy Grant : The Energy Grant Project is nearly completed in all three buildings, Town Hall, Highway Department and the Community Center. Drainage at the Community Center: The Highway Department is still working on the drainage issue at the Community Center. When digging they found old sewer and water lines which slowed down progress. When completed the new drainage system will take care of 90% of the water problem in the basement area. Shoulder Work: New shoulders were put on Cherry and Hillcrest Roads. Shoulder work was also done on Myers and Lockerby Hill Roads. Stone and Oil: Two sections of Salmon Creek Road and both sections of Wilson Road will be stone and oiled. 18 Intersection of Woodsedge and Cayuga Vista Drive: Councilperson Cree asked about a placement of a stop sign at the intersection of Woodsedge and Cayuga Vista Drive. Mr. French stated that once the road is dedicated there will be a stop sign in this area, possibly on Cayuga Vista Drive. PARK and RECREATION DEPARTMENT REPORT: Steve Colt reviewed his report with the Town Board. Parks & Recreation 8/17/11 update Town Board Meeting RECREATION • YFL Youth Football will start practice on Monday and we have 50 players at this level on two teams. I have been issuing equipment this week and will most likely have a few players come tonight to be fit. • The ball field area here has been converted over to soccer and football fields. Last week our week long Soccer Camp was completed and was one of the largest camps ever at nearly 140 participants. • The Fall Youth Soccer Program is set to start in 2 weeks and so far we have a very small sign up of players. This tends to be typical, and currently we have 72 players registered and hope to be closer to 150. Next week we hope to pick teams. • Summer camps running this week and next include: Art Camp, Tennis, Horse Camp, Track Camp and Bowling. "Summer's Last Hurrah Camp" is our last summer camp and is sold out with over 30 participants and is set to take place at Myers Park August 29 — September 2. PARKS • The parks continue to be very busy. The swim area will close for the season this Sunday August 21st at the end of the day. As of August 15th we have had 7,002 legitimate swimmers. This does not include swimming done before or after hours or swimmers at Salt Point. • Our park crew did a great job getting the grounds ready for Harbor Fest. Clean up the following morning was very minimal! • The Myers Park Concert Series has gone well and the final concert is tomorrow evening. Attendance has been very good, but was a little low on July 21st when it was 101 degrees at 5:30 PM. We are already (net ahead over $848) if we do not have any donations tomorrow evening for the entire series. • We hope to have the new flag pole installed in the park and project completed by the Vet Watch Fire on September 16th. • Open Water Swim Event — I have been contacted and have met with Roy Staley and Jerry Roberts about possibly hosting an open water swim race event. This event would take place off of the north shore at 19 Salt Point. There are several world class open water swimmers that live in the Ithaca area. • Pathway notes are listed separately. Lansing Pathways Report: These are the highlights from the Lansing Pathways work over the past month: • An informational table at Harbor Fest with a trail ix snack give away donated by a Pathways member. The community interest in trail development continues to be very positive as shown by the numbers of folks who stopped at our booth and who signed up to help with our trail mulching project. • Volunteers have been out on the trail for the past 3 days with their own equipment hauling and spreading the donated mulch. • The Parkinson's walk will be taking place this weekend on Saturday August 20th Pathways volunteers will also be present at the walk. • Come on out and take a walk. There is also on going work with developers and as these opportunities arise. Submitted 8-17-2011 Maureen Cowen Lansing Pathways APPROVE MINUTES: A copy of the minutes of July 20, 2011 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 11-144 Councilperson Wilcox moved that the minutes of July 20, 2011 are herby approved as submitted. Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye APPROVE AUDIT and BUDGET MODIFICATIONS: RESOLUTION 11-145 Councilperson Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 008 DATED 8/18/11 AUDITED VOUCHER Ws 743 — 881 PREPAY VOUCHER #'s 743 — 750 20 AUDITED TA VOUCHER #'s 63 — 73 PREPAY TA VOUCHER #'s 63 — 65 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 123,230.97 HIGHWAY FUND $ 39,242.15 LANSING LIGHTING $ 1,203.62 LANSING WATER DISTRICTS $ 150,438.41 TRUST & AGENCY $ 24,273.05 WARREN RD SEWER-CAPITAL PROJ $ 2,620.66 LANSING SEWER DISTRICTS $ 1,727,399.45 DEBT SERVICE $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A FROM TO FOR AMOUNT A1990.900 A1440.403 From Contingency to Proposed Stand Alone Sewer 1,500.00 A3120.100 A3120.400 From Police—Personal Service to Police-Park Contr 116.00 A7110.400 A7110.404 From Parks Contractual to Parks Telephone 400.00 A7180.100 A7180.400 From Beach/Pool Personal Srvc to Beach/Pool Contr 100.00 GENERAL FUND B B8020.200 B8020.402 From Planning Board Equipment to PB Legal 3,000.00 WATER DISTRICT SW SW9030.800 SW9040.800 From Social Security to Workers Comp 675.11 Councilperson Miller seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye BOARD MEMBER REPORTS: Marty Christopher: No report. Robert Cree: No report. Kathy Miller: TCCOG: 21 Copies of the RFP were provided to all Board Members,the request and evaluation of potential and actual infrastructure damage. This will be given to Highway Superintendent, Jack French for his review and recommendation. Time Warner Cable: The Time Warner Cable negotiation will be done as a group through TCCOG. Resolution to Commission a Land Use Analysis and Impact Assessment Project: Copies of this were provided to all Board Members. This basically tells you what gas drilling might do to your area. This will be done countywide and is available on their website. It is a 78 page report providing a template of the Middlefield Report. The cost of this project is $10,000.00 to be split by all participating towns. After a brief discussion it was the consensus of the Town Board to participate in this Land Use Analysis and Impact Assessment Project through TCCOG. Connie Wilcox: Agriculture and Farmland Protection Plan: George Frantz put together materials on the Agriculture Land Protection Plan, these were provided to Town Board members to review. A. Scott Pinney: Monthly Report: The Supervisor submitted his monthly report for the month of July to all Board Members and to the Town Clerk. Country Acres: The 2012 contract for dog control was previously provided to all Town Board Members to review. The Town Board authorized Supervisor Pinney to sign said contract for the 2012 Shelter and Dog Control Agreement with Country Acres. Stand Alone Sewer: MPR for the stand alone sewer should be completed next week. The information will be given to all Town Board members. The information will be provided to the public and public hearings to be set at the September 21st Town Board Meeting. Town Counsel Report—Guy Krogh: Assessment Review: Guy Krogh has written to the County in regards to the assessment review on the apartment complexes. Supervisor Pinney will follow-up on this as there has been no response from the County. ADJOURN MEETING: RESOLUTION 11-146 Supervisor Pinney moved to ADJOURN THE AUGUST 17, 2011 TOWN BOARD MEETING AT 7:55 PM. Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Martin Christopher Aye Councilperson Robert Cree Aye 22 Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall 23