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HomeMy WebLinkAbout2011-09-21 REGULAR TOWN BOARD MEETING September 21, 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 Robert Cree, Councilperson Kathy Miller, Councilperson Connie Wilcox, Councilperson ABSENT: Marty Christopher, Councilperson ALSO PRESENT: Jack French, Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Jeff Overstrom, Engineering and Planning Coordinator, Michael Koplinka-Loehr, Ray Farkas, Dan Veaner, Ed LaVigne, John O'Neil, Andy Sciarabba, Pat Pryor, County Legislator, Claes Nyberg, Ruth and Roger Hopkins, Glynis Hart, Maureen Cowen, and Ted Laux. PRIVILEGE OF THE FLOOR: Andy Sciarabba—521 Ridge Road Andy Sciarabba, chairman of the Town's Economic Development Committee approached the Town Board with a Concept Proposal for the Development of a Business and Technology Park on Land owned by the Town,being the northeast portion of the land targeted for the town center. The objective would be to start the process of identifying the site for the Park, needed infrastructure consisting of roads, sewer, underground gas and electric and municipal water. Also a central storm water retention area to minimize the land used for such purposes. The process would include land use layout, estimates of the cost of the infrastructure improvements, establishment of the appropriate zoning and development approach such as a planned area development. The goal is to have land parcels ready for construction by quality businesses such as light manufacturing and assembly, research and development, storage and distribution. The Town would be asked to up front the cost of this Park and would recoup such through either sale or land lease of the parcels to future businesses approved to locate and develop in the Park. This Concept Proposal would be a project of the Town's Economic Development Committee. If approved by the Town Board, the Committee would develop a budget for the Proposal to include land area layout, infrastructure and utility layouts, total cost estimates and potential recoupment arrangements. Mr. Sciarabba told the Town Board that communities are competing to attract businesses that will not only provide jobs, but contribute to the tax base. He noted that with the decline of tax revenues from AES Cayuga, Lansing's biggest taxpayer, it is vital to bring in a collection of smaller businesses to make up for those losses,which could go down to zero if the plant were to close. Mr. Sciarabba stated the reason for doing this is that it's getting harder and harder to develop properties in a short time frame. It takes a year or longer to get a project through the process. Our Cortland neighbor just opened the 172 acre Fingerlakes East Business 1 Park with all the amenities and all the incentives. Cortland is attracting businesses out of Tompkins County into Cortland County for the purpose of developing this park. They have a shovel-ready product in place for companies to site their businesses which is critical. Mr. Sciarabba told the Board that we are getting calls right now from folks who want to develop in Lansing, but we don't have anything shovel-ready. Next month the IDA will likely vote to participate in the proposal, which will bring specific benefits including PILOT agreement to developers who build there. Mr. Sciarabba asked the Town Board for the go-ahead for his committee to produce a proposal showing what it would take to create a business park as part of the new town center. It was the consensus of the Town Board and Supervisor Pinney stated that it was a great idea and granted his request to move forward with the project. Mr. Pinney stated that the Town Board appreciates Mr. Sciarabba leading this effort, as he has the expertise in this area. Pat Pryor—County Legislator: Ms. Pryor updated the Town Board and public on the ongoing progress and meetings on the 2012 County Budget. The budget process which started in January 2011 along with department and agency reports to the standing Committee throughout the year have been a change in the review of the budget process. Everyone is working hard to bring down the tax levy increase to 2.9%. There are going to be substantial cuts with the workforce being reduced by 8% along with positions not being filled as they vacate. Ms. Pryor gave an update on the Broad Ban Committee. She encouraged everyone to visit the Tompkins County website to review the progress of the committee. In the next few months there will be a second report from the committee. Today a grant application was submitted to the Tompkins County Community Foundation to hire a professional to conduct a survey of the needs for the Broad Ban service in areas that currently do not have the service. Claes Nyberg—420 Ridge Road: Mr. Nyberg asked the Town Board for an update on the land across the road and the status of the proposed sewer. Supervisor Pinney stated that the final map plan and report for the proposed sewer will be ready next month. The land across the road needed a second appraisal which was done and submitted to the State. Senator Nozzolio has been contacted and is now involved in lifting the restriction on the land. Mr.Nyberg encouraged the Board to make the information more accessible to the public. Supervisor Pinney stated that the Town will be holding future Public Meetings and the information will be posted on the website. Michael Koplinka-Loehr—Final NYSERDA Energy Efficiency Grants Report and Update Biomas Tech./Assistance Grant: Mr. Koplinka-Loehr discussed and presented the following final NYSERDA Efficiency Grants Report, along with an update on the Biomass Tech./Assistance Grant. c+pertive Extension Fourth Quarterly Report TompknsCO"ftV NYSERDA-Town of Lansing Energy Management Personnel NYSERDA Contract # 19421 Energy Education, Outreach &Management services provided:June 1, 2011 -August 31, 2011. 2 I. Overview During the first quarter of the grant, Energy Management Personnel planned and implemented"Lighten Up Tompkins," a large-scale education and outreach campaign to raise awareness of the opportunities for energy efficiency in Lansing and Tompkins County. 300 volunteers distributed 4,600 energy efficiency education packets and compact fluorescent light bulbs throughout Lansing and other rural areas of Tompkins County. During the second quarter energy management personnel followed up with some of those households who responded to the educational materials and planned additional outreach activities to be launched in the last half of the grant. In the 3rd and 4th quarters, energy management personal organized outreach programs, including presentations, tabling, energy teams, and web and print media outreach. CCE staff continued to build youth leadership around home energy efficiency by organizing a weeklong building science course designed for high school students and partnering with local summer camps to offer energy education programming. Energy management personnel also advanced energy policy development and facilities upgrades in the Town of Lansing and began to lay the groundwork for future initiatives that will allow energy education programming to continue in Lansing beyond the grant period. Energy management personnel reached 765 Lansing residents through direct and indirect contact in the fourth quarter. CCE-Tompkins leveraged 4648 intern hours and 190 volunteer hours in the 4th quarter. In addition community groups and local governments contributed $10,553 in staff time and in kind donations to plan the Get Your Green Back Campaign. In total energy management personnel leveraged $60,828 in external resources during the 4th quarter. II. 4th Quarter Summary of Outreach During the 4th quarter energy management personnel continued to implement the outreach strategy launched in quarter 3. Outreach events conducted during the 4th quarter include: 1. Presentations and Tabling: Cooperative Extension educators tabled at events and presented to community groups to promote the Green Jobs Green New York program, distribute educational materials, answer energy efficiency questions, and publicize upcoming workshops and events. The chart below summarizes presentation and tabling events carried out in the 4th quarter: Number Date of of Event Name of Event Type of Event Town Attendees Ithaca Festival- Green 6/5/2011 Gorges Expo Tabling Countywide 70 Presentation to Inter-municipal Municipal 6/8/2011 Sustainability Group Officials Countywide 6 6/8/2011 Showcase Tompkins Tabling Countywide 54 Presentation to Tompkins County Planning Community 6/14/2011 Council Group Countywide 10 Presentation to Coalition for Healthy Community 6/16/2011 Families Presentation Group Countywide 6 6/18/2011 Juneteenth Festival Tabling Countywide 35 Presentation to Parents of Special Needs Community 6/27/2011 Children Group Countywide 10 Presentation at Interfaith meeting for Compassionate greening 6/28/2011 Construction buildings Countywide 10 7/2/2011 Lansing Fireworks Festival Tabling Lansing 55 Presentation to Alternatives Federal Credit Community 7/7/2011 Union Group Countywide 13 Lansing Summer Concert 7/7/2011 Series Tabling Lansing 5 7/16/2011 Lansing Farmers Market Tabling Lansing 25 3 Cornell Municipal Clerks Presentation to 7/19/2011 Institute Municipal Clerks Countywide 20 Cornell Staff Education 7/20/2011 Exploration Days Tabling Countywide 58 Significant Elements 7/23/2011 (Historic Ithaca Fair) Tabling Countywide 9 7/23/2011 Walmart Community Event Tabling Countywide 35 Presentation to Community 7/29/2011 TCCPI meeting presentation Group Countywide 20 8/10/2011 Ithaca College Energy Fair Tabling Countywide 30 History Center Sustainability 8/27/2011 Day Tabling Countywide 25 2. Energy Teams: Energy management personnel piloted three energy teams during the 4th quarter, one in a workplace and two in neighborhoods. Volunteer conveners recruited 5-7 households to participate in each team. Over the course of 4 team meetings facilitated by Energy Corps student interns, households learned about home energy efficiency, set goals to reduce energy usage, and formed relationships with neighbors or co-workers. Each household created a personalized plan to reduce energy usage in their home. Outcomes of the pilot included participants signing up for a reduced or no-cost energy assessment through Green Jobs Green NY and taking low/no cost no-cost steps to save energy. One group continued meeting after the end of the program to discuss renewable energy options. After all the households complete the energy assessment, the facilitator will schedule a 5th session to discuss the results of the energy assessment and next steps, including the financial incentives available from NYSERDA to do the work. A total of 18 households participated in the initial pilot teams. Building on the success of the pilots, the program will be continued this fall. 3. Home Energy Visits: Energy management personnel designed and piloted a program where trained energy corps interns meet with homeowners in their homes, suggest low and no-cost ways to save energy, and outline next steps for the homeowner given their situation. Interns guide homeowners through the energy assessment process and help them fill out a Green Jobs Green NY application. 4. Youth Outreach: CCE-staff coordinated the following youth activities during the 4th quarter: a. Building Science Course: 23 students applied from Tompkins and Seneca Counties for a weeklong BPI building science course. 18 students took the course (mix of gender, ethnicity, ages 15-26, and urban rural backgrounds). TST BOCES provided the teaching space and certification testing computer lab for free as a sponsoring partner, and a local teacher volunteered her house for the field instruction portion of the class. 100% of the students who took the BPI"building analyst" certification test passed, and they are now gaining extra field experience (job shadowing building performance practitioners)before taking the field test part of their certification testing. Funding for textbooks, refreshments, a stipend for the instructor and the testing fees were covered by 2 grants from local foundations. The course was such a success that we are seeking additional grant funding to replicate this course during spring break of 2012 and early summer 2012. It is clear that local HS students can perform at national BPI standards and the local demand for such services continues to grow due to GJGNY assessment funding and on-bill financing opportunities starting in May 2012. 4 b. Summer Camp Energy Education: Energy Corps interns piloted an energy education at three summer camps (4-H Urban youth Camp, Enfield Summer Program, and the GIAC Conservation Corps program) reaching a total of 122 students ages 5-13. The education programs sought to fill a gap in energy education at the elementary and middle school levels and encourage the parents of children in the program to take energy saving steps. Based on the lessons learned from the pilots this summer, energy education programs could be more widely implemented throughout the area next summer. 5. Commercial Lighting Outreach: This summer, Cooperative Extension of Tompkins County and EnerPath partnered to do outreach for NYSEG's Small Business Energy Efficiency Program. For qualified businesses, EnerPath administers free lighting assessments and provides efficient lighting upgrades. NYSEG pays 70% of the cost of the recommended upgrades. Over the course of the summer, the Energy Corps met with 142 businesses in Tompkins County. Of these, 108 businesses (76%)were interested in the program. 21 businesses (15%)were closed when the team visited them; in most cases brochures were left on the door. 8 businesses (5%)had already completed the NYSEG program and 2 were currently in the process. Three businesses were not interested, or knew that they did not qualify. 6. Web Media a. Upgrade Upstate Website: Energy management personnel added features to the Upgrade Upstate (ccetompkins.org/energypath)portal launched in quarter 3. Additional features include an interactive "get an energy assessment" feature that directs homeowners to the Green Jobs Green NY and Weatherization Assistance Program. b. Launched Social Media: Energy management personnel launched a facebook and twitter page and a blog to provide updates to the public about energy efficiency programs and events organized by CCE- Tompkins. These social media initiatives will be expanded following the launch of the countywide energy campaign in fall 2011. 7. Case Management: At all events energy management personnel collected contact information of interested participants, enabling CCE to follow-up with these leads to support them in getting an energy assessment and making energy upgrades. Energy management personnel received an additional 25 Lansing contacts through summer outreach events. The total number of leads over the past year is 141 Lansing households, of which 110 have received follow-up calls. Energy management personnel hired and trained a corps of 13 student interns during the 4th quarter to assist CCE staff in organizing the above outreach events. Energy Corps members went through an extensive two-week training during the first two weeks of June covering basic building science, energy assessments, financial incentive programs, and effective outreach techniques. Energy Corps members contributed 4,648 hours of staff time during the 4th quarter worth $46,480. The Cornell Public Service Center's Community Work-study Program and a grant from the Tompkins County Climate Protection Initiative provided financial support for the summer energy corps program. III. Policy Development The Town Board continues to consider changes to their building code relating to energy efficiency standards as well as development guidelines for nodal development in a central `business district' model (a plan for a `town center' has been developed by a local committee with help from a local architectural planning firm). IV. Facilities Upgrades 5 The Town of Lansing completed 95% of the energy efficiency upgrades to 3 town buildings: Town Hall, Town Highway Department Barns and the Town Community Center. If remaining funds allow (due to much work being performed in-house by existing highway department staff) one final boiler replacement may be feasible in September. Town staff has been trained on ongoing maintenance and use of the energy efficiency measures, with ongoing training available through the Building Codes enforcement officer, a professional with extensive building trades experience. A preliminary analysis from the technical assistance grant via the New York Biomass Energy Alliance, in conjunction with the New York Farm Viability Institute, in expected in mid-September from our engineering and economic analysis consultants for a pilot demonstration project for the first"central heating district"to be installed in NY State (it would be a 3 mi. loop from Town Barns to Town hall)to be fueled with a biomass boiler at the Town barns. V. Planned Future Initiatives 1. Get Your Greenback Campaign - 37 Tompkins County public/private organizations and institutions have partnered to undertake a county-wide energy efficiency campaign, launched 8/31/11, to inspire every household and business in the county over the next 18 months to take steps toward energy savings, across 4 sectors: building heating & electricity, food, transportation and waste. We are seeking funding for a coordinator and educational materials and have committees working on marketing/creative outreach strategies, organizational management, special events and development/fundraising. We anticipate reaching 10,000 households during a fall outreach campaign utilizing 600+ student volunteers distributing packets to households throughout the county. Faith communities, service clubs and schools groups will be used to get materials to households through those existing networks. A web page will allow households to track their progress and report steps taken, measuring cumulative impact over time. This campaign is intended to assist the county in reaching its ambitious goal of decreasing carbon emissions by 80%by 2050. 2. Energy Stewards: CCE hopes to launch an energy stewards program to train community volunteers to provide support and outreach to community members to make home energy efficiency upgrades. VI. Summary Energy management personnel reached 765 Lansing residents through direct and indirect contact in the fourth quarter. Outreach programs included presentations, tabling, energy teams, media outreach, and web media development. CCE also sponsored a building science course to continue to build youth leadership in energy efficiency efforts in the county. Energy management personnel also planned future initiatives, including the Get Your Green Back Campaign to ensure that energy efficiency education services continue beyond the grant period. CCE-Tompkins leveraged 4648 intern hours and 190 volunteer hours in the 4th quarter. In addition community groups and local governments contributed$10,553 in staff time and in kind donations to plan the Get Your Green Back Campaign. In total energy management personnel leveraged $60,828 in external resources during the 4th quarter. To Town of Lansing Board-List of Energy Efficiency Measures - Sept. 21, 2011 The Town of Lansing Board accepted a$55,168.20 grant from NYSERDA last Sept. (Town agreed to pay 10%of Total grant of$61,298.00,thus $6,129.80)which was increased overall by 20%in the spring 2011 by$11,033.64 to $66,201.84 (Town pays $7,798.16 of Total grant of $74,000.00, slightly more than 10%)for energy efficiency measures in 3 Town buildings,based on a TAITEM Engineering Energy Audit(March 19, 2010.) Below is a bulleted list of project measures completed(or soon to be completed)by the Town of Lansing Highway Dept. staff,Lynn Day coordinating, and a$46,780 subcontract to Halco/MEPS. For a more detailed scope of work please refer to the Taitem Energy Audit(available.) Town Hall: • Installed air sealing including but not limited to weather stripping all exterior doors and caulking the window openings and installing approximately 80 neoprene gaskets at all electrical boxes on the exterior walls. • Installed programmable thermostat in courtroom. 6 • Reprogrammed 12 thermostats • Replaced existing 40-gallon water heater with a direct vent tankless water heater. • Insulate pipes associated with tankless water heater • Updated extensive lighting fixtures and controls as listed in TAITEM recommendations. Highway Barns: • Installed programmable thermostat in office. • Replaced existing 40-gallon water heater and boiler with a combined boiler and direct vent tankless water heater. • Installed rigid insulation against the outside surface of the concrete exterior walls in the shop& truck bay areas,covered with metal sheathing(chalked& sealed). • Installed air sealing on areas of the building that are heated. This measure included but was not limited to: caulking roof penetrations,wire penetrations,power exhaust louvers, overhead doors, concrete flooring, spray foam insulation along roof line and sealed up walls along steel beams ,fiberglass light panels etc. and replaced three walk thru doors with new insulated doors. • Updated lighting fixtures and controls as listed in TAITEM recommendations. Community Center: • Sprayed 4-6"foam insulation on the exterior walls of the basement. . Installed/sealed inside basement door and insulated it inside the Bilco door access to make basement/cellar airtight. • Install air sealing including but not limited to caulking around windows,pipes, ductwork, beadboard/wanscoating,weather stripping around exterior doors and door between basement and first floor kitchen. Installed new insulated front door. • Seal basement ducts with mastic and insulated basement ducts with double—bubble insulation product. • Replace existing 40-gallon water heater with a direct vent tankless water heater. •Updated lighting as listed in TAITEM recommendations. • Installed complete moisture mitigation system around the two sides &back of the com. center with drainage tile and#2 stone. Drains to rain garden. (Dug trench inside the basement/cellar to pick up any excess water and diverted to interior drain tile. Covered dirt floor with stone/poly, driveway fabric and more stone to keep moisture out.) . Replaced the landing& stairway to the back door. . Added a dehumifier to the basement/cellar. . Replaced old 32" fans on the second floor with 52"reversible fans to keep the heat down where its needed. . Programmed thermostats per calendar in town clerk's office. • Conducted a pre-and post-installation blower door test to identify point of air leakage. Total savings are expected to be 557 million BTU's(annual source energy savings,) estimated to provide $6,891 in annual cost savings (in first-year dollars), and to pay back the installation costs in 8.6 years. All together,these improvements are estimated to reduce both electricity and natural gas consumption by at least 20 percent. It should be noted that all bids to complete all of the work fully via contract were well over the expected range ($58,973 estimated by TAITEM) and the initial NYSERDA contract amount, which led us to propose savings by utilizing the skills and experience of Town Highway Dept. staff when they were available and led NYSERDA to increase the contract amount by 20%. This allowed us to implement all measures recommended TAITEM plus the extra moisture mitigation measures and boiler replacement. Mr. Koplinka-Loehr commended the Highway Department for the work they did and Lynn Day for being the in-house coordinator. Mr. Koplinda-Loehr briefly discussed the Biomass Tech/Assistance Grant and will return next month, at the regular Town Board meeting, with the report on this grant. OPEN PUBLIC HEARING ON THE PROPOSED DRAINAGE DISTRICT #6 LANSING COMMONS SUBDIVISION: RESOLUTION 11-147 Supervisor Pinney moved to OPEN THE PUBLIC HEARING ON THE PROPOSED DRAINAGE DISTRICT #6,LANSING COMMONS SUBDIVISION at 6.36 PM. Councilperson Wilcox seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye 7 Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye CLOSE PUBLIC HEARING: RESOLUTION 11-148 All persons desiring to be heard, having been heard, Supervisor Pinney moved to CLOSE THE PUBLIC HEARING ON THE PROPOSED DRAINAGE DISTRICT #6,LANSING COMMONS SUBDIVISION at 6:37 PM. Councilperson Miller seconded the motion and it was carried by the following roll call vote. Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye OPEN PUBLIC HEARING—SEQR REVIEW OF PROPOSED DRAINAGE DISTRICT #6—LANSING COMMONS SUBDIVISION: RESOLUTION 11-149 Supervisor Pinney moved to OPEN THE PUBLIC HEARING FOR SEQRA REVIEW OF THE PROPOSED DRAINAGE DISTRICT #6,LANSING COMMONS SUBDIVISION at 6:38 PM. Councilperson Miller seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye CLOSE PUBLIC HEARING: RESOLUTION 11-150 All persons desiring to be heard, having been heard, Supervisor Pinney moved to CLOSE THE PUBLIC HEARING ON THE SEQRA REVIEW OF THE PROPOSED DRAINAGE DISTRICT #6,LANSING COMMONS SUBDIVISION at 6:39 PM. Councilperson Wilcox seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye DRAINAGE DISTRICT #6—LANSING COMMONS—DECLARING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION: RESOLUTION 11- 151 RESOLUTION DECLARING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION FOR PROPOSED DRAINAGE DISTRICT#6(LANSING COMMONS SUBDIVISION) 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 8 WHEREAS, the Town Board of the Town of Lansing received a request for the approval of permanent infrastructure for stormwater facilities located in the proposed Lansing Commons Subdivision, as depicted upon an approved preliminary subdivision plat therefore and in the SWPPP for such subdivision, all pursuant to the Town's Stormwater Local Law; and WHEREAS, the Developer has requested the creation of a Drainage District, and the Town Board has issued a Public Interest Order relative to formation of the said Drainage District #6 and conducted a SEQRA review to examine the environmental impacts of such proposed Drainage District, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan; and WHEREAS, a public hearing to consider the environmental impacts of the proposed action was duly held on September 21, 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, environmental impacts identified included the noise, erosion, and dust potentially created during construction, which potential impacts are and will be mitigated by stormwater permitting and review, construction reviews, inspections, permit conditions, on-site stormwater facilities and controls, and the fact that such disturbances are temporary in nature, each and all of which impacts are therefore deemed mitigated and non-significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the input from each and all Involved and Interested Agencies, if any, and the Lead Agency having made a negative declaration of environmental impact; accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED, after consideration of the above impacts, and other impacts required under 6 NYCRR Part 617, Section 617.7(c), as well as assessing and 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 Comprehensive Plan and local needs and goals; (vii) whether any known objections to the Project relate to any of the identified potential impacts; and (viii) impacts based upon the scope, magnitude, setting, of the action or approval, or the number of people affected by the action or approval, that the Town of Lansing finds that the proposed action — approving formation of Drainage District #6 - will have no negative environmental consequences; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further 9 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 Supervisor Pinney, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. APPROVE FORMATION OF DRAINAGE DISTRICT # 6—LANSING COMMONS: RESOLUTION 11-152 RESOLUTION CONDITIONALLY APPROVING FORMATION OF DRAINAGE DISTRICT #6 (LANSING COMMONS SUBDIVISION) The following Resolution was duly presented for consideration by the Town Board. WHEREAS, NYS Law and the Town's Stormwater Local Law require the Town to plan for the future maintenance of drainage, sediment control, and stormwater facilities; and WHEREAS, the Town Board of the Town of Lansing received a request for the approval of permanent infrastructure for stormwater facilities located in the Lansing Commons Subdivision, as depicted upon the Final Subdivision Plat and in the SWPPP for such subdivision, all pursuant to the Town's Stormwater Local Law; and WHEREAS, the Developer has requested the creation of a Drainage District, herein Drainage District #6, and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of proposed Drainage District #6, and it appearing that the request is in compliance with required Town procedures established under Town Law Article 12-A; and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Lansing Commons Subdivision, and had previously reviewed and approved the map, plan and report ("MPR") submitted by the Developer, as duly sealed by its Engineer, and no objection or 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 final, which said MPR is and has been on file at the Town Clerk's Office for review; and WHEREAS, the Town Board duly issued an Order under Town Law §209-d and determined that (i) the final Map, Plan and Report complies with the requirements of Town Law, and (ii) it is in the public interest and to the benefit of all parcels in the 10 proposed district to establish the Town of Lansing Drainage District #6, and (iii) all benefited parcels are included, and no benefited parcels were excluded, from such district; and WHEREAS, a Public Hearing was duly held upon September 21, 2011, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons thereat were duly heard; and WHEREAS, it was determined that: (1) the district is inclusive of a part of tax parcel number 37.1-2-53.222, being approximately 13.14 acres in size, as shown upon a map entitled "Proposed Drainage District for Lansing Commons Subdivision," as drawn by T.G. Miller, P.C., and dated August 6, 2011 (herein, the "Map"); (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 and in the SWPPP; (3) all costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law, NYSDEC GP-0010-001, and the Developer's SWPPP; (4) the Town's maintenance responsibilities include inspections, sediment and debris removal, vegetation management, animal and nuisance management; erosion control; and structural repairs, all to be performed pursuant to and under planned dedications of lands and easements and rights-of-way to the Town and the District for normal maintenance and emergency access, all as set forth in the MPR; (5) the estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (6)there is no hook-up cost for or to the drainage district; (7) there is no financing needed for this project; (8) the Map, Plan and Report are and have been on file for public review and inspection at the Office of the Town Clerk in accord with law; (9) a public hearing upon such proposed district was duly held as required by law upon September 21, 2011, at the Lansing Town Hall; and (10) the MPR describes in detail how the financing, hook-up costs, and other costs and expenses of the proposed drainage district were estimated and computed, including the first year's estimated average maintenance 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), with such costs to be paid through special benefit assessments for the benefited parcels of the proposed district and to be collected with the annual Town and County tax bill; and WHEREAS, the Town Board determined this action to be an Unlisted Action under SEQRA, thus requiring the preparation of an EAF and an environmental review thereof, and the Town Board held a public hearing thereupon on September 21, 2011, and considered the environmental impacts of the proposed district in light of the EAF, the Town's Comprehensive Plan, the Town's Land Use Ordinance, the comments from any Involved or Interested Agencies, if any, and comments from landowners and the public, if any, and after due deliberation thereupon and an identification of any potential environmental impacts, the Town Board duly made a Negative Declaration of environmental impact; and WHEREAS, the Town desires to proceed towards 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, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed Drainage District #6 are benefited thereby; (iii) all benefited properties and property owners are included within the said District; and (iv) the establishment of Drainage District#6 is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and(ii) are defined as inclusive of part of tax parcel number 37.1-2-53.222, being approximately 13.14 acres in size, as shown upon the Map, encompassing all lots within Phase I of the Lansing Commons Subdivision as shown on the Map and real property metes and bounds descriptions as on 11 file at the Town and 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 establishment of Town of Lansing Drainage District#6 be and hereby is approved; and it is further RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209-e and Town Law Article 7. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Pinney, duly seconded by Councilperson Wilcox, and put to a roll call vote with the following results: 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 September 21, 2011. ACCEPT RESIGNATION OF VIOLA MILLER: RESOLUTION 11-153 ACCEPT THE RESIGNATION OF VIOLA H. MILLER TOWN OF LANSING PLANNING BOARD MEMBER The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Supervisor Pinney accepted a resignation letter from Viola H. Miller, Town of Lansing Planning Board Member. WHEREAS, the Town Board of the Town of Lansing recognizes Viola H. Miller for her leadership in the formation of the Town of Lansing Planning Board. Viola's term began on February 14, 1967 and she has served as a Planning Board Member for over forty four years. WHEREAS, the Town Board wishes to thank Viola H. Miller, for her years of dedication and service to the Lansing Community. WHEREAS,upon due deliberation thereupon, the Town Board has RESOLVED, that the Town Board of the Town of Lansing does hereby accept the resignation of Viola H. Miller, Town of Lansing Planning Board Member effective September 21, 2011. 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 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 September 21, 2011. APPOINT AL FIORILLE TO THE LANSING PLANNING BOARD: RESOLUTION 11-154 12 RESOLUTION APPOINTING AL FIORILLE TO THE TOWN OF LANSING PLANNING BOARD The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Planning Board has recommended that Al Fiorille be appointed to fulfill the remaining term of Viola H. Miller as a Regular Planning Board Member. WHEREAS,upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that Al Fiorille be and is hereby appointed as a member of the Planning Board, effective September 21, 2011 for the remaining year, expiring December 31, 2011. 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 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 September 21, 2011. APPOINT MARY MCTIERNAN—ALTERNATE TO THE LANSING PLANNING BOARD: RESOLUTION 11-155 RESOLUTION APPOINTING MARY MCTIERNAN TO THE TOWN OF LANSING PLANNNING BOARD AS AN ALTERNATE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Planning Board has recommended that Mary McTiernan be appointed as an Alternate to the Planning Board. WHEREAS,upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that Mary McTiernan be and is hereby appointed as an alternate of the Planning Board for a term of one year. Said term to become effective September 21, 2011 and expiring September 21, 2012. 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 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 September 21, 2011. APPOINT WAYNE F. PIERCE—PART TIME CLEANER: 13 RESOLUTION 11-156 RESOLUTION PROVISIONALLY HIRING WAYNE F. PIERCE PART TIME CLEANER, GRADE 1 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board had previously posted and advertised for a part time cleaner position; and WHEREAS, said position, Part Time Cleaner for the Community Center, Town Hall and Highway Department was sought to be filled; and WHEREAS, an acceptable and qualified individual was located, and is therefore proposed to be hired to fulfill such job requirements; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that said Wayne F. Pierce be and hereby is approved to be employed as a Town of Lansing Grade 1 Employee, as a Part Time Cleaner, for the Community Center, Town Hall and the Highway Department, with such employment being retro-active to September 12, 2011 at the rate of$12.47 per hour. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. DEVELOPER'S AGREEMENT ON VILLAGE CIRCLE APARTMENTS RESOLUTION 11-157 RESOLUTION AUTHORIZING THE EXECUTION OF VILLAGE CIRCLE APARTMENTS DEVELOPER'S AGREEMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Rocco Lucente, is the Developer of the proposed Village Circle Apartments and WHEREAS, said Developer has agreed to sign a Developer's Agreement and WHEREAS, the Town's Counsel has prepared a Developer's Agreement that the Town Board finds acceptable; and WHEREAS,upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor or Deputy Supervisor be and hereby are authorized to sign the Village Circle Apartments Developer's Agreement by, on behalf or, and in the name of the Town of Lansing. 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 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 September 21, 2011. DEVELOPER'S AGREEMENT ON VILLAGE SOLARS: RESOLUTION 11-158 RESOLUTION AUTHORIZING THE EXECUTION OF THE VILLAGE SOLARS DEVELOPER'S AGREEMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Village Solars, LLC, is the Developer of the proposed Village Solars and WHEREAS, said Developer has agreed to sign a Developer's Agreement that the Town Board finds acceptable; and WHEREAS, the Town's Counsel has prepared a Developer's Agreement that the Town Board finds acceptable; and WHEREAS,upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns,the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor or Deputy Supervisor be and hereby are authorized to sign the Village Solars Developer's Agreement by, on behalf or, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. RESCHEDULE REGULAR TOWN BOARD MEETING FOR OCTOBER: RESOLUTION 11-159 RESCHEDULE THE TOWN OF LANSING REGULAR TOWN BOARD MEETING TO OCTOBER 26, 2011 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Regular Town Board meeting is the third Wednesday of the month, scheduled for October 19, 2011 and 15 WHEREAS, two Town Board members, Councilperson Christopher and Councilperson Wilcox will be absent from the regular scheduled Town Board Meeting. WHEREAS,upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED,that the Town of Lansing Regular Town Board meeting be rescheduled for Wednesday, October 26, 2011 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. APPROVE FINAL MPR ON CWD EXT—SUN PATH—SCHEDULE PUBLIC HEARING: RESOLUTION 11-160 RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT & ISSUING PUBLIC INTEREST ORDER REGARDING CONSOLIDATED WATER DISTRICT EXTENSION BY BOUNDARY CHANGE TO AREAS OF SUN PATH The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Westview Partners, LLC, the Developer of a proposed future subdivision along Sun Path, has,pursuant to an approved final settlement in a court action(Harrison, et al, v. Westview Partners, LLC, et al, Tompkins County Supreme Court, Index No. 09- 757), petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD")by boundary change to certain properties along said Sun Path; and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed extension of the CWD to cover a portion of Sun Path in the Town of Lansing ("CWD Extension"), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town authorized the Town Engineer to prepare a Map, Plan and Report ("MPR") for the proposed CWD Extension by boundary change by Resolution Number 10-74 of April 21, 2010, and said Engineer having completed the MPR and having filed the same with the Town clerk, which MPR contains a description of the boundaries and conditions of CWD Extension, and the Town Board having issued a Public Interest Order pursuant to Town Law § 209-d; and WHEREAS, the expansion of the CWD into the affected areas is declared and deemed to be in the public interest, and the Town desires to proceed towards establishment of this CWD Extension pursuant to the provisions of Town Law Article 12-A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, 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 16 RESOLVED AND DETERMINED, that the said MPR has been reviewed and deemed preliminarily feasible and complies with the requirements of Article 12-A and §§ 209-c and 209-d of the Town Law of the State of New York, 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 CWD Extension are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefore as are on file with the Tompkins County Clerk's Office are expressly incorporated herein: 42.-1-2.25; 42.-1-2.4; 42.-1-2.22; and 42.- 1-2.1 (being in all approximately 25.42 acres); all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) The proposed improvements consist of the following estimated quantities of materials: 1,550 linear feet of 8" ductile iron pipe; one connection to an existing 10" Village of Lansing main located on East Shore Drive (S.R. 34, which may require NYSDOT work permit); two 1" sampling taps; 3 fire hydrant assemblies; one 8" gate valve; approximately 500 yd3 of trench rock excavation; and approximately 200 ft2 asphalt pavement (for restoration to Sun Path); all designed to extend municipal water from the CWD to each parcel referenced above from existing water mains adjacent to the proposed CWD Extension; (3) The estimated cost of the proposed improvements, together with planning, surveying, engineering, legal, and administrative fees, is $196,900.00, which is the maximum amount proposed to be expended; (4) The one time estimated cost of connection, including hook-up fees, to the Town is estimated at $0.00, as the Developer and the benefited properties are each paying to install facilities to the curb box and will pay all permit and hook-up fees; which hook-up fees and costs are estimated in the amount of $3,700.00 per EDU, being based upon a Bolton Point connection fee of $250.00 + a 3/4" meter at $110.00 + a Plumbing Permit and Inspection Fee of $190.00 + a meter pit assembly at $1,500.00 + a 1" service line extension from curb box to dwelling, at approximately $30 per linear foot with an average estimated distance of 50 feet costing, totaling $1,500.00 + a 1" tap at $150; (5) The maximum amount proposed to be expended by the Town of Lansing for such CWD district extension is $0.00, as the Developer is paying the costs of construction based upon the application and said settlement. (6) The annual operation and maintenance costs will be reflected in the CWD annual O&M assessed fee of $150.00 (as the same will apply to this CWD Extension), plus quarterly water consumption bills, the annual average costs thereof based upon typical one and two family home water use costs in this proposed CWD Extension — being $136.00; for a total first year's cost of $286.00; (7) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (8) A public hearing upon such proposed CWD Extension will be held at 6:05 p.m. upon October 26, 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 (9) The Map, Plan and Report describes in detail how the financing, hook-up costs, and other costs and expenses, were estimated and computed, and 17 therefore complies with Town Law § 209-d(1) as it constitutes the detailed statement therein required; 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 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. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. SCHEDULE PUBLIC HEARING FOR SEQRA REVIEW AND DETERMINE LEAD AGENCY ON CWD EXT—SUN PATH: RESOLUTION 11-161 RESOLUTION SCHEDULING HEARING FOR SEQRA REVIEW OF PROPOSED CWD BOUNDARY EXTENSION TO SUN PATH AND MAKING CERTAIN SEQRA DETERMINATIONS AS TO CLASSIFICATION AND THE DESIGNATION OF LEAD AND OTHER AGENCIES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Westview Partners, LLC, the Developer of a proposed future subdivision along Sun Path, has, pursuant to an approved final settlement in a court action (Harrison, et al, v. Westview Partners, LLC, et al, Tompkins County Supreme Court, Index No. 09- 757), petitioned for an extension of the Town of Lansing Consolidated Water District(the "CWD") by boundary change to certain properties along said Sun Path; and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed extension of the CWD to cover a portion of Sun Path in the Town of Lansing ("CWD Extension"), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town authorized the Town Engineer to prepare a Map, Plan and Report ("MPR") for the proposed CWD Extension by Resolution Number 10-74 of April 21, 2010, and said Engineer having completed the MPR and having filed the same with the Town Clerk, which MPR contains a description of the boundaries and conditions of CWD Extension, and the Town Board having issued a Public Interest Order pursuant to Town Law § 209-d; and WHEREAS, the Town Board must now also conduct a SEQRA review to examine the environmental impacts of such proposed CWD Extension, and to review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and 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); 18 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 review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Tompkins County Highway Department, the Tompkins County Health Department, and SCLIWC (Bolton Point), and the Village of Lansing; 4. There are no determined 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 26th day of October, 2011, at 6:10 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed CWD Extension, 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, in accord with law; and it is further RESOLVED, that the Town Clerk immediately cause a Notice of Intent relative to Lead Agency status to be issued and delivered to all Involved and Interested Agencies. 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 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 September 21, 2011. FINAL ORDER CWD BACK-LOT EXTENSION—LONCTO: RESOLUTION 11-162 RESOLUTION ADOPTING FINAL ORDER EXTENDING CONSOLIDATED WATER DISTRICT THROUGH WHOLE OF LONCTO PARCEL AT 39 HILLCREST ROAD 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 needed to obtain public water; and accordingly, such owners had requested to have their property be included within the Consolidated Water District ("CWD"); and pursuant to a certain Developer's Agreement between the owners and the Town the Town proceeded upon such request pursuant to Town Law Article 12-A, including by the issuance of a Public Interest Order pursuant to Town Law § 209-d; and WHEREAS, the Map, Plan and Report ("MPR") was accepted as final and complete, the said water district extension was declared to be in the public interest, and the Town Board further: (i) determined and described the boundaries of the proposed district, (ii) described the improvements to be made; (iii) described the cost of the public 19 improvements; (iv) described the connection fee for the typical user, including permit and materials costs; (v) described the first-year's and annual user costs for the extension; (vi) described the financing, if any, applicable to the project; (vii) declared the MPR incorporated into the Public Interest Order and Resolution, noted that such MPR described in detail how the financing, hook-up costs, and other costs and expenses, were estimated and computed, and noted that the MPR was filed at the Town Clerk's Office as required by law; and (viii) declared and scheduled a public hearing to consider the said Public Interest Order and Resolution; and WHEREAS, said public hearing was duly held at upon 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 WHEREAS, pursuant to SEQRA and its implementing regulations ("SEQRA"), the Town Board found that there were no significant environmental impacts likely to result from the proposed action, or the approval or financing thereof, and thus issued a negative declaration under and pursuant to SEQRA by Resolution 11-137; and WHEREAS, after conducting the aforesaid public hearing the Town Board 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 was in the public interest; (v) the boundaries of said CWD extension are wholly outside the boundaries of any incorporated city or village and are duly defined and depicted in the MPR on file at the Town Clerk's Office; and (vi) that the proposed construction and improvements identified in the Public Interest Order and Resolution be conditionally approved as subject to permissive referendum; and WHEREAS, a Notice of Referendum was timely published as required by law and no request or petitions requesting a referendum were submitted, and the 30-day period prescribed by law has now passed; and WHEREAS, the Town Clerk has filed (or will file) a Certificate as to such permissive referendum with the County Clerk as required by Town Law § 209-e(4)(a); and WHEREAS, upon due deliberation upon the foregoing, and in compliance with Article 12-A of the Town Law, 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 Town of Lansing Consolidated Water District be expanded by incorporating the lands of Loncto, 39 Hillcrest Road, as defined and described in the MPR; and it is further RESOLVED AND SO ORDERED, that the boundaries of the proposed CWD shall now be inclusive of tax parcel number 44.-1-5.1, and the assessment map and property descriptions there for as are on file with the Tompkins County Clerk's Office are expressly incorporated herein, all as shown on the CWD Boundary Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the said District Extension hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, at a cost of$0.00 to the CWD and the Town, as the landowner is paying all costs of improvements and the boundary extension, which owner's property the Town Board has determined, and hereby again determines, are especially benefited thereby; and it is further 20 RESOLVED AND ORDERED, that the Town Clerk file a certified copy of this Resolution with the Tompkins County Clerk within 10 days of the adoption of this Resolution and Final Order. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Wilcox, duly seconded by Councilperson Miller, and put to a roll call vote with the following results: 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 September 21, 2011. PLANNING and ENGINEERING DEPARTMENT REPORT: Monthly Report: Mr. Overstrom submitted his monthly activity report for the month of August to all Board Members and the Town Clerk. Mr. Overstrom stated that major projects are moving forward and the completion of others are winding down. Drainage at the Community Center: Mr. Overstrom commended Richard Vaughan and the Boy Scouts for the fantastic job they did in their participation with the drainage project at the Community Center. The basement is now dry and is a huge overall improvement. HIGHWAY DEPARTMENT REPORT: Jack French, Highway Superintendent reviewed the following with the Board. Municipal Auction: This year's auction was smaller than ones in the past due to contractors still using the equipment with all the flooding in NYS. The final total of the auction was $491,000.00. The town receives 1% of the municipal side of it resulting in a check to the Town of Lansing in the amount of$3,014.00. Stone and Oil: The Highway Department has completed the stone and oiling of Salmon Creek and Wilson Roads. Siding on the Community Center: With the completion of the drainage project at the Community Center some of the siding was damaged. Don Harner, the original installer of the siding, has volunteered to repair the damaged siding with the leftover material. Flooding: The Town of Lansing was very fortunate and had very few roads that were affected by the flooding. Route 34 Bridge Closing: 21 This is a NYS project and the projected date of the bridge completion is December 1St Meth (Methamphetamine) Labs: Highway Superintendent French and the entire Highway Department Crew attended a four hour course conducted by the NYS Troopers at the Newfield Fire Department on Meth Labs. The course covered what to do if you come upon one and also how to recognize abandoned containers found along the roadside and what to do with them. The most popular bottle of choice is a two liter Mt. Dew bottle with duck tape on the top. Tompkins County is the 4th largest county for Meth Labs. PARK and RECREATION DEPARTMENT REPORT: Steve Colt presented and reviewed his report with the Town Board. Parks & Recreation 9/21/11 Town Board Meeting RECREATION • All of our fall programs are up and running now and they include JR and SR YFL Football teams, Youth Soccer teams, 2 Flag Football teams, Karate and 2 Cheerleading squads. • The YFL Football teams were weighed in and certified on September 10th and hosted home games this past Sunday where they were both successful. Their season ends on October 30th • Our Cheerleading squads will cheer each of the JR and SR games and will compete in a league wide cheering competition at the end of the season. We won this event last year. • Our Flag Football teams practice and play on the field behind the Town Hall. Each team has a 6 game schedule with games taking place on the weekends. • On October 1st we will host the annual X-C Youth Race at Myers Park. This is free and open to any children ages 7-13. Age appropriate groupings race at 3 separate times. We have a really nice layout in the park and last year we had around 70 racers. • The Ski Program is currently taking registrations, with the early discount period ending on October 15th • The Adult Open Swim will be starting on October 4th and takes place at the HS pool on Tuesdays and Thursdays from 11:30-12:15. PARKS • The Vet Watch Fire took place in Myers Park on Friday September 16th. This was the 21St year for the event. • Myers Park was significantly flooded with the past heavy rains in the section near the "B" and "C" pavilions. The water was deep and actually also flooded the center road area too. We had to cancel or change reservations in those pavilions. • Pavilion rentals and Camping have slowed and these rentals will come to a quick close now for the season. 22 • This summer season was good for us in Myers Park. We were able to surpass our projected revenue totals for Camping, Admissions, Marina Dock fees, Launching and Pavilion rentals. • p 14 0 LANSING PATHWAYS: • We are excited about our new logo created by Julie Manners under the direction of our committee member Sue Ruoff. We have been using it on our correspondence and will be using it in many ways in the future. • The Town Trial has a new spur path making a link to the Waters Edge and Scoops business. A thank you to Roger Hopkins for that new spur. • Several Pathway members will be attending The Finger Lakes Trail Conference this weekend Sept.23rd and 24th. and we are looking forward to the ideas generated there that will help us with our goals in the Town of Lansing. • Thank you Steve for the request of the new line item on the recreation budget for the maintenance of the town trail. Respectfully submitted, Maureen Cowen Chair Lansing Pathways Supervisor Pinney asked Mr. Colt how the process of the Pathways Committee now being under the Recreation Department is working out. Mr. Colt stated that it has been a very positive and good start, a great group of individuals to work with and a good conduit for communication. He was pleased that they are now going to be recognized in the budget. Councilperson Cree asked Mr. Colt how the new entrance passes to the park have worked out. Mr. Colt stated that they have issued between fifteen to sixteen hundred permits to Lansing residents this year. The new system has been proven to be a more efficient way of entering the park and stated that in return the park has received great exposure this year. APPROVE MINUTES: A copy of the minutes of August 17, 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 11-163 Councilperson Cree moved that the minutes of August 17, 2011 are herby approved as submitted. Councilperson Miller seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye APPROVE AUDIT: RESOLUTION 11-164 23 Councilperson Wilcox moved that the Bookkeeper is hereby authorized to pay the following bills: CONSOLIDATED ABSTRACT # 009 DATED 9/21/11 AUDITED VOUCHER #'s 882 — 1006 PREPAY VOUCHER #'s 882 — 888 AUDITED TA VOUCHER #'s 74 — 83 PREPAY TA VOUCHER #'s 74 — 75 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 90,218.73 HIGHWAY FUND $ 93,903.48 LANSING LIGHTING $ 2,336.45 LANSING WATER DISTRICTS $ 5,912.17 TRUST & AGENCY $ 22,668.52 WARREN RD SEWER-CAPITAL PROJ $ 0.00 LANSING SEWER DISTRICTS $ 21,222.81 DEBT SERVICE $ 0.00 Councilperson Cree seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye Councilperson Kathy Miller Aye Councilperson Connie Wilcox Aye Supervisor A. Scott Pinney Aye BOARD MEMBER REPORTS: Robert Cree: Planning Board Meeting: Councilperson Cree stated there were a few issues that were brought up at the last Planning Board Meeting that there were questions on, they are as follows: Intersection at 34 and Town Barn Road: With the development of the new Lansing Market there is a concern for safety at this intersection. Mr. Overstrom and Mr. French have talked with Stan Birchenough at the NYS Department of Transportation in Cortland and they have concerns also. Everyone is aware of the intersection and they are working on a solution. Mr. French stated that they are going to reopen the Town Barn Road from Peruville Road completely. 24 Developer's Agreement: Councilperson Cree asked with the development of the previously discussed developer's agreements, what strain if any, will this put on the sewer districts. Mr. Overstrom stated that there is an Intermunicipal Agreement in place where a certain amount of flow and capacity that can convey through the Village of Lansing into the Village of Cayuga Heights treatment plant. If a developer is going to ask for more units, more capacity and flow then the three municipalities, Town of Lansing, Village of Lansing and Village of Cayuga Heights need to meet to review and revise the Intermunicipal Sewer Agreement. Kathy Miller: Natural Gas: The Natural Gas Oversight Committee will meet for the second time tomorrow. They are interested in educating people and finding out what other municipalities have done or are planning on doing. Two of the members are attending a meeting in regards to terminating a gas lease. Connie Wilcox: A2 Land Protection: Councilperson Wilcox stated that the Ag Land Protection Committee will have a draft in place soon. Medication Disposal: There will be a Medication Disposal Drop Off Event at the Town Hall on Saturday, October 1, 2011 organized by the Tompkins County Coalition for Safe Medication Disposal from 11:00 a.m. to 1:30 p.m. A. Scott Pinney: Monthly Report: The Supervisor submitted his monthly report for the month of August to all Board Members and to the Town Clerk. ADJOURN MEETING: RESOLUTION 11-165 Supervisor Pinney moved to ADJOURN THE SEPTEMBER 21, 2011 TOWN BOARD MEETING AT 7:10 PM. Councilperson Wilcox seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Aye 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 25