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Home My WebLink About2018-04-18 April 18, 2018 1 REGULAR TOWN BOARD MEETING April 18, 2018 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:30 p.m. The meeting was called to order by the Supervisor, Edward LaVigne, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Katrina Binkewicz, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor ABSENT: No one absent ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Dan Veaner, Lansing Star, Ted Laux, Mike Sigler, Tompkins County Legislator, Chris Williams, Suzanne Hinderliter, Tom Butler, Connie Wilcox, Melanie Malone, Shawn Wilczynski, Lisa Ruzicka, Tom Ellis, Pat Pryor, Natalia and Steve Emlen, Gary Bush, Stephanie Behler, Amanda Ruby, Lin Davidson, Deb Trumball, Mike Koplinka-Loehr, Jill Vaughan, Sue Henne, Christine Iaccubucci, Aaron Thompson, Al Fiorille, and a few other attendees. LANSING COMMUNITY LIBRARY REPORT – AMI STALLONE The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY April 16, 2018 1. March Updates – I apologize for not getting a formal update to the Board last month, but please know that March was also a full month of exciting programs at the library with the highlights being the meet and greet with Wrestling Champion Kyle Dake on March 10 and LCL’s 10th Anniversary Celebration on March 17. 2. National Library Week – April 8 – 14. We’re celebrating with “Food for Fines.” Patrons can bring in canned goods as payment for up to $5 in fines. All canned goods collected will go to the Lansing Food Pantry. 3. Girls Who Code – Students from the Women in Computing Outreach Team from Cornell will lead a program for girls in 5th – 8th grades on Saturday, April 14 at 11:00 AM. 4. Seed to Supper – Educators from Cornell Cooperative Extension will be teaching a six session course at our library on how to grow your own vegetable garden on budget. Saturdays: April 14, 21, 28 & Sundays: May 6, 13, 20 from 2:00 PM – 4:00 PM. 5. LCL’s 5th Annual Logo Contest – Over 75 entries were submitted by Lansing youth, and the trustees are narrowing in on their top choice to represent the 2018 Summer Reading Program theme, Reading Rocks! The winning design will be revealed at the Annual Meeting on April 23rd and this logo will appear on t-shirts as well as our newsletters and website for one year. 6. Annual Meeting – The library’s annual meeting will take place on Monday, April 23 at 7:00 PM. We are very excited to have Brigid Huberman as our guest speaker. She is going to discuss her new initiative, Children’s Reading Connection. In addition, we will be sharing all the wonderful things happening at our library, reviewing the 2019 budget and introducing the new trustee candidates. 7. Trustee Election & Budget Vote – April 24, 10:00 AM – 8:00 PM. April 18, 2018 2 8. A Writer’s Journey – Wednesday, April 25 at 7:00 PM. Hear author Mary E. Maki talk about what inspired her to write her first mystery as well as about the process of writing a book and getting it published. 9. Poetry Day – April 28, 11:00 AM – 1:00 PM. We will have special crafts and poetry activities at the library and our Town Historian Louise Bement will give a tour of the Old Lansing School House. 10. Artwork by local artist Jaime Hazard will be on display March - April. 11. A Look Forward: a. The May updates to the Town Board will include the year-in-review summary that is being prepared for the library’s annual meeting as well as the election/vote results. b. Summer Reading Program – The kick off for this summer-long event will be on Saturday, June 16. LANSING YOUTH SERVICES REPORT – JANICE JOHNSON The following report was available as a handout. Lansing Youth Commission; Est. 1987 Supports Lansing Youth Services Youth Employment Programs April 2018 Our 31st Annual Spaghetti Supper was held Friday April 13 at All Saints Church, the turnout was overwhelming and everything was great as usual. Commission members cook the food and middle school youth serve and bus the tables. All Saints donates their space for the cause. Welcome new member Amber Hafner to the Commission. Expanded summer program offerings will happen in 2018 led by Travis Lansing’s Community Educator. Programs will include Lake Life; Get Lost; Sky’s the Limit; Backpacking; Primitive Skills Days; Funky Furniture; Iron Chef; Primitives 101; and D.I.Y. Lansing youth will partner with youth from other municipalities (Danby, Town of Ithaca, Dryden) for some of these program. It’s Fishing Derby Time: One of our most popular events is the Fishing Derby held at Myers Park. This year it will be held Saturday June 16th from 7:30 AM to 11:00 AM. Everyone is welcome; the event is free of charge. Youth can participate in the fishing contest and the casting contest. Volunteers fillet and cook the fish for youth to try… typical response “I don’t like fish” after they take a small bite “Wow, can I have some more”. Youth Commission meeting are held the third Thursday of each month (except July & August) 7:00 PM at the Lansing Middle School Library. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER Reviewed the following with the Town Board and the report was available as a handout. Tompkins County Legislator Michael Sigler April 18, 2018 Hello and thank you for having me again. I want to thank Lansing’s own Marcia Lynch for her reports on the County as I draw from those very liberally. I wanted to start with non-legislature news that I’m now asking for meetings about to see what the future will hold. Bonton stores have been in bankruptcy and now it looks like the only two bidders that came forward at auction are liquidation firms. That’s a death knell for Bonton and we should expect the store at the Shops at Ithaca to close costing us April 18, 2018 3 tax revenue both in property and sales tax. A reimagining of the mall needs to happen and that’s what I’m hoping to meet with the owners about in the coming weeks. At last night’s meeting we voted 12-1 to urge the U.S. Congress to immediately enact a law that mirrors provisions of the Assault Weapons Ban of 2013, as introduced in the United States Senate, which prohibits the sale of assault weapons and high-capacity magazines. The measure maintains that “assault-style weapons and large capacity ammunition magazines are not suitable for civilian use of any type and constitute a demonstrated threat to the general public and law enforcement personnel.” I’ve written pretty extensively on this so I won’t recount everything. I believe it’s misdirected to seek a ban, that legislation was brought up after the shootings in Sandy Hook, and failed, and he sees that since then nothing has changed. “We want to reduce gun violence in this country; you need to bring people to the table.”—reclassification of certain types of weapons would be better, I said last night and in an article in Tompkins Weekly. In New York, the safe act already covers much of what’s being asked for here. By a unanimous vote the Legislature authorized the Department of Emergency Response to partner with other agencies, departments and community partners to establish and maintain a naloxone distribution and training program within County facilities. Naloxone has been identified as a substance that can immediately reverse the effects of opioid drugs in the case of overdose, and can be administered by a non-professional before first responders arrive, with such prompt action found to greatly increase the probability of survival. We also passed a resolution urgently supporting State legislation, introduced in the Senate by Senators Helming and O’Mara, to establish a third county court judgeship in Tompkins County. The third county judge position was one of the key recommendations of the county’s Municipal Courts Task Force two years ago. The legislature also recognized Theda (“Teddy”) Zimrot, the County’s third and longest serving Director of Human Rights, who died April 7. From 1983-1995, Zimrot served first as Investigator, then as Director, of the Tompkins County Human Rights Commission. She lived right on Buck Road here in Lansing. Earlier this month, the Legislature awarded 2018 grants under the County’s Arts and Culture Organizational Development (ACOD) grant program, one of ten Tourism Program funded through County room occupancy tax dollars, as recommended by its Planning, Development and Environmental Quality Committee and the County’s Strategic Tourism Planning Board. Ultimately, nearly $218,000 was split among ten local arts and cultural organizations, as recommended by the Community Arts Partnership, which serves in an advisory role for the capacity-building program. There is some money left unspent in the STPB accounts as more room tax was collected than expected. The advisory board will now be looking at granting the remaining money. Reviving an issue that had first been discussed five years ago, the Tompkins County Legislature voted in support of a ban on single-use retail bags—this time, calling for either a ban on both plastic and paper carryout bags, or as an alternative a ban on plastic bags and a fee on paper bags, to be approved at the State level. I’m against this ban as I believe it will harm the environment. Paper bags are much worse for the environment than plastic and I challenge the idea these are “single” use plastic bags. If you’re a pet owner or have children, you can attest to that, as can the mouse I carried out of my house the other day. At the meeting I displayed comparable amounts of plastic and paper bags as a visual aid, maintaining plastic takes up much less space, and with landfills not a finite resource, and the paper not recyclable, that this proposal is misdirected. Legislator Lane also voted against the proposal. While a long-time supporter of recycling and the County’s successful recycling programs, Legislator Lane said that he regretfully could not support the bag ban. He said he can only remember one material that has been banned from the county’s waste stream, microbeads, and he cannot support a ban on something that people use. April 18, 2018 4 The Legislature, by unanimous vote (Legislators Rich John and Glenn Morey were excused), passed a resolution of support for development of a regional open access medically-supervised withdrawal (detox) stabilization center in Tompkins County, as advanced by the Alcohol and Drug Council of Tompkins County. County Administrator Jason Molino provided Legislators a brief summary regarding some of the impacts of the just-passed New York State Budget—among those impacts, that proposed Early Voting has not been funded; $175 million for workforce development initiatives has been included in the budget; up to 500 new Medicaid Assisted Living Program beds have been approved statewide in counties with one or fewer existing such providers (counties such as Tompkins), with $20 million in capital funding set aside. State base aid for community colleges is reduced by just over $7.6 million, compared to the $24 million reduction proposed in the Executive Budget. Mike also reported on the buyback gun program that Tompkins County will be doing in the next month. He stated the guns will be held for a year and then destroyed. MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW #1 OF 2018 – TO OVERRIDE THE TAX LEVY LIMIT Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW #1 OF 2018 – TO OVERRIDE THE TAX LEVY LIMIT at 6:42 pm. Councilperson Andra Benson, seconded the motion. All in Favor – 5 Opposed – 0 Supervisor, Edward LaVigne, stated this motion is in case the Town needs more money and has to go over the tax cap. He noted, if the Town stays under the tax cap, another motion will be done later this year to rescind this. No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Doug Dake, moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW #1 OF 2018 – TO OVERRIDE THE TAX LEVY LIMIT at 6:45 pm. Councilperson Katrina Binkewicz, seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING LANDS OF CARGILL INCORPORATED Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING LANDS OF CARGILL INCORPORATED at 6:45 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 Supervisor, Edward LaVigne, stated this allows the whole parcel to be in the water district. No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Katrina Binkewicz, moved to CLOSE THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING LANDS OF CARGILL INCORPORATED at 6:50 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 April 18, 2018 5 MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING TOWN CENTER LANDS Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING TOWN CENTER LANDS at 6:50 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 Supervisor, Edward LaVigne, explained this gives a person an option to run the infrastructure, if they want to. He stated, a general master plan does exist for this, but it will be driven by what the developer wants and then they will need Planning Board approval. Councilperson, Joseph Wetmore, stated the Town should have a master plan to have complete control and there could be some flexibility. Supervisor, Edward LaVigne, stated a more detailed master plan could be done. He continued, that the developer pays for the infrastructure and the operation and maintenance (O & M) fee is part of the water bill. No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Doug Dake, moved to CLOSE THE PUBLIC HEARING ON PROPOSED CONSOLIDATED WATER DISTRICT EXTENSION TO INCORPORATE REMAINING TOWN CENTER LANDS at 6:57 pm. Councilperson Joseph Wetmore, seconded the motion. All in Favor – 5 Opposed – 0 PARKS AND RECREATION REPORT – STEVE COLT The following report was available as a handout. Parks & Recreation Department Town Board Meeting 4/18/18 RECREATION  The spring LBP Baseball and LSP Softball programs will have their respective coaches meetings and team selections this week on Tuesday and Wednesday evenings. We have more players this year than last year and currently have registered just under 320 for the entire program. This is a very solid number for us.  Our coaches and team meetings are running a week later than usual due to the weather and the very early school spring break. This seemed to have delayed the registration process and forms being returned. We have yet to even get out on the fields to prep them for practices and games. It’s snowing today!!!  We are hoping that our top 3 leagues for baseball and softball will get started this weekend or at least by next week. Games officially start on May 5th and so far that is still on schedule.  T-BALL leagues will have a coach’s organizational meeting on May 1st and then will start practice the following week. That league plays on the Town Barn Fields. We have a good turn-out but need help with coaching. Folks will have to step up. April 18, 2018 6  The Saturday Soccer Program that was started a few years ago is currently taking registrations. This is an intro soccer program that Adam Heck and I started and is for student’s ages 6U and 8U. This program takes place in Myers Park and does NOT conflict with the traditional spring sport season events.  We are also working on putting together the summer booklet for most of our summer programming. This is always a lot of work to get updated details. Unfortunately, I have learned that several areas at the schools that we had hoped would be available this summer look as if they will not be. The gyms and the pool will most likely not be available. This summer will make 3 consecutive years without the pool or summer swimming lessons. We will probably do more camp swims at the BORG WARNER pool. PARKS  The dugout project at the ballfields is moving forward again. The fencing company has installed the poles for the screens in front of the dugout locations. Fencing fabric should go up this week.  We are almost ready to start outside work and waiting for the weather to improve!  Sales for pavilions and camping have picked up again. July is nearly sold out for camping. The Dry Dock has about 4 spaces remaining and about the same for the kayak racks. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL Cricket reported the following: Annual Brush Pickup – For the Town, this will start at 6 am on April 30, 2018. The Village of Lansing brush pickup will start on May 7, 2018. Tompkins County Highway Department– Cricket has been talking with and working with the Tompkins County Highway Superintendent. They have some shared services in place and both departments will be working on the roads. Rain Storm – Everything was ok during the last rain storm. SPEC Agreement – Gary Bush stated he doesn’t foresee any additional charges, but until he is in the project he can’t tell. He reported if there are any additional charges, he will come back to the Town Board for approval. RESOLUTION APPROVING SPEC CONSULTING AGREEMENT RESOLUTION 18-64 RESOLUTION APPROVING SPEC CONSULTING AGREEMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, for purposes of capital planning and grant and consolidated funding eligibility, the Town is pursuing master and capital planning for the Town Highway Department, its campus, buildings, facilities, and future needs and desires to engage professional engineering advice upon Town building, facilities, and grounds, and how to utilize, plan for, and improve the same, including to reduce energy and operating costs; and WHEREAS, SPEC Consulting is well qualified by skills and experience to examine existing and proposed future capital, funding, and Highway Department needs, including building design and efficiencies, and a scope of services proposal and related agreement and terms have been proposed and delivered outlining the cost and nature of the professional consulting services desired, and the Town Board and Town Highway Superintendent have reviewed and approved the same; and April 18, 2018 7 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has thus RESOLVED, that the SPEC Consulting proposal be and hereby is approved in an amount not to exceed $3,900, and the Town Supervisor and the Town Highway Superintendent each be and severally hereby are authorized to execute such agreement by, for, on behalf of, and in the name of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. PLANNING CONSULTANT REPORT – MICHAEL LONG No report. ENGINEER’S REPORT – DAVE HERRICK No official report. Per Dave’s e-mail: The MPR for Consolidated Water District #5 (Peruville Road) is complete. AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX Connie reported the following: Meeting with Cornell University – They met with Cornell University students on April 17, 2018. The students did a matrix regarding the agriculture zone and compared the Towns of Dryden, Ulysses, and Ithaca. The Agriculture Committee will review this and give their input to the Cornell students next week-Mike Long will be the contact person. They discussed the definitions of the Agricultural Zone, RA, etc. Councilperson, Joseph Wetmore, stated the Cornell University students did a great job. PRIVILEGE OF THE FLOOR No one addressed the Town Board. COMPREHENSIVE PLAN COMMENTS Four residents and one non-resident had the following comments about Bell Station: Lose value of tax if it goes back to recreation, if houses are built there is a cost to build and maintain roads, additional cost for schooling children, better to increase income through business development taxes, there is a passed resolution between the DEC and Fingerlakes Land Trust, this should be labeled recreation – not residential, connect trails, spectacular area, long term amazing opportunity, maintain wildlife, houses on the lake shore don’t work with the trees, and in Minneapolis you cannot build on the lakes which allows everyone to enjoy the them. A representative from Lansing Central School District spoke: LCSD has concerns and would like to be invited to meetings about zoning, etc. A resident spoke about taxes: People are getting taxed out of Lansing, the land is restricted and the house tax goes up - what does this do to long term Lansing residents? A resident spoke about the Rod and Gun Club: How does the Rod and Gun Club fit in the plan for the future; shooting lead is an issue. April 18, 2018 8 Four members of the Planning Board spoke: People have been working on the Comprehensive Plan for over eight (8) years, there have been many public meetings, last fall the Town Board was given more time to look at the Plan, and there have not been any public comments on new changes. The Plan has been approved by the County, the Planner, the Planning Board, and the Town Attorney. The Planning Board is going to do what is good for the Town; this needs to move forward. In 1995 one Planning Board Member went through a Comprehensive Plan, there has been a lot of time for input, everything has been heard, people are making a mistake if they think this document drives the changes in Lansing, editing more is endless regress, pay attention to comments and consider the changes as this is moved forward– but pass and get in place. For Bell Station, the current assessment is $4,000/acre and there’s about 500 acres. The recreation assessment rate is about $1,000/acre. If this is re-zoned to recreation the assessment will probably decrease and could be a tax base decrease of about $1.5 million. Leave the zone as it is to protect the tax base and it can still be used as recreational. If the tax base decreases, there is a potential consequence-property owners may expect compensation for decrease in property value and take the Town to court. RESOLUTION ADOPTING LOCAL LAW #1 OF 2018 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C RESOLUTION 18-65 RESOLUTION ADOPTING LOCAL LAW #1 OF 2018 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a budget for the fiscal year 2019; and WHEREAS, the proposed Local Law #1 of 2018 proposes to authorize the Town Board to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins, for the fiscal year beginning January 1, 2019 and ending December 31, 2019, so as to allow, if necessary or desired, a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-C; and WHEREAS, a public hearing was duly held upon April 18, 2018 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereas the public was invited to comment upon the proposed Local Law, and whereat all persons interested in the subject were duly heard and all evidence submitted, if any, was duly received; and WHEREAS, upon due deliberation thereupon, and in consideration of all discussions and matters arising from or in relation to the aforesaid public hearing, the Town Board of the Town of Lansing has hereby resolved, and thus be it so enacted, as follows: RESOLVED, that Local Law Number 1 of 2018 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”; and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of April 18, 2018 9 State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 1 OF 2018 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as “Local Law, Number 1 of 2018”. It is the intent of Local Law Number 1 of 2018 to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins pursuant to General Municipal Law §3-C, and to allow the Town of Lansing, County of Tompkins to adopt a Town budget for (a) Town purposes, and (b) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2019 and ending December 31, 2019 that requires a real property tax levy in excess of the “Tax Levy Limit” as defined by General Municipal Law §3-C. SECTION 2: AUTHORITY: This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-C, which expressly authorizes the Town Board to override the Tax Levy Limit by the adoption of a Local Law approved by vote of at least sixty (60%) of the Town Board. SECTION 3: TAX LEVY LIMIT OVERRIDE: The Town Board of the Town of Lansing, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2019 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-C. SECTION 4: SEVERABILITY: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of the Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 5: EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State. Adopted April 18, 2018 RESOLUTION ISSUING PUBLIC INTEREST ORDER AND APPROVING, SUBJECT TO PERMISSIVE REFERENDUM, THE ESTABLISHMENT OF THE CARGILL CONSOLIDATED WATER DISTRICT EXTENSION OVER REMAINING LANDS OF CARGILL INCORPORATED RESOLUTION 18-66 April 18, 2018 10 RESOLUTION ISSUING PUBLIC INTEREST ORDER AND APPROVING, SUBJECT TO PERMISSIVE REFERENDUM, THE ESTABLISHMENT OF THE CARGILL CONSOLIDATED WATER DISTRICT EXTENSION OVER REMAINING LANDS OF CARGILL INCORPORATED The following Resolution was duly presented for consideration by the Town Board: WHEREAS, a map, plan, and report duly sealed by a NYS licensed engineer (“MPR”) was submitted by the Town Engineer to extend the Consolidated Water District (“CWD”) across the remainder of lands owned by Cargill Incorporated, which lands are already partially within the CWD, such lands being located at 1001 Ridge Road, TPN 23.-1-6.2 (the “Extension”), such that this Extension is intended mainly to bring the balance of the parcel within a service area of the CWD to assure continuity and service infrastructure now existing and to be located at such site, and such MPR duly considered the formal creation of the Extension and its costs in terms of any needed design, construction, or financing, as required by and under, and to fulfill the requirements of, Town Law Article 12-A (including §§ 209-c and 209-d therein); and WHEREAS, the Town Board duly issued an Order calling a Public Hearing upon the Extension (the “Order”), such Order meeting the requirements of Town Law and scheduling a public hearing on the question of creating and approving this Extension, and the said public hearing was duly held upon April 18, 2018 at Lansing Town Hall upon the question of adoption of this Public Interest Order and all interested parties were duly heard and all evidence received; and WHEREAS, this action was previously classified as a Type I Action under SEQRA and the NYSDEC, as lead agency under a coordinated review, issued a Negative Declaration, and this Extension of the CWD has been examined and the Town Board has found that no impacts arising from this Extension are or are likely to cause any actual or potential impact to become a moderate or significant impact, such that no supplemental review under SEQRA is determined to be necessary for this Extension, including because the subject parcel is already partially in the CWD (approximately 300’ deep, along all its frontages); and WHEREAS, the Town desires to proceed towards establishment of the Extension and finds that all proceedings to date have been in compliance with said Town Law Article 12-A and that this extension is in the public interest; 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 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 Extension are wholly outside the boundaries of any incorporated city or village, and are defined as inclusive of all that land identified and described as p/o TPN 23.-1-6.2, being approximately 50 acres, as shown and described in the MPR, all together with the land surveys, metes and bounds maps and descriptions, and such other descriptions and maps as are on file in the Tompkins County Clerk’s Office for the foregoing tax parcel numbers and as described in the MPR (including at Appendix A, therein), each of which is incorporated into this Resolution as if set forth here in full; and it is further RESOLVED, that the maximum amount proposed to be expended for the construction of this Extension is estimated to be $0.00, as all costs of any lateral extensions and improvement belong to the developer/owner, and the Town may in the future assess, levy, and collect special assessments from future lots and the parcel of land within the Extension, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the capital and related expenses of the Extension and CWD, as allowed or required by law; and it is further April 18, 2018 11 RESOLVED AND DETERMINED, that the Extension and any related construction and improvements identified in the afore-described Order Calling a Public Hearing be and the same are hereby approved; and it is further RESOLVED and ORDERED, that this Resolution be and is made conditional and subject to permissive referendum pursuant to Town Law §209-e and Town Law Article 7, and the Town Clerk is directed to publish and post a Notice of Referendum as soon as is possible and at least within 10 days of the date of this Resolution. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION ISSUING PUBLIC INTEREST ORDER AND APPROVING, SUBJECT TO PERMISSIVE REFERENDUM, THE ESTABLISHMENT OF THE TOWN CENTER CONSOLIDATED WATER DISTRICT EXTENSION OVER REMAINING LANDS OF THE TOWN OF LANSING AT SAID TOWN CENTER RESOLUTION 18-67 RESOLUTION ISSUING PUBLIC INTEREST ORDER AND APPROVING, SUBJECT TO PERMISSIVE REFERENDUM, THE ESTABLISHMENT OF THE TOWN CENTER CONSOLIDATED WATER DISTRICT EXTENSION OVER REMAINING LANDS OF THE TOWN OF LANSING AT SAID TOWN CENTER The following Resolution was duly presented for consideration by the Town Board: WHEREAS, a map, plan, and report duly sealed by a NYS licensed engineer (“MPR”) was submitted by the Town Engineer to extend the Consolidated Water District (“CWD”) across the remainder of lands owned by the Town of Lansing (and all other lands) within the Town Center Parcel (as mapped, circa 2016-2017) which lands are already partially within the CWD, such lands being located across from Town Hall, TPN 31.-1-16.2 (the “Extension”), such that this Extension is intended mainly to bring the balance of the parcel within a service area of the CWD to assure continuity and service infrastructure now existing and to be located at such site, and such MPR duly considered the formal creation of the Extension and its costs in terms of any needed design, construction, or financing, as required by and under, and to fulfill the requirements of, Town Law Article 12-A (including §§ 209-c and 209-d therein); and WHEREAS, the Town Board duly issued an Order calling a Public Hearing upon the Extension (the “Order”), such Order meeting the requirements of Town Law and scheduling a public hearing on the question of creating and approving this Extension, and the said public hearing was duly held upon April 18, 2018 at Lansing Town Hall upon the question of adoption of this Public Interest Order and all interested parties were duly heard and all evidence received; and WHEREAS, that although this action is classified as a Type II Action (including per 6 NYCRR 617.5(11)) and no environmental review is thus required, the extension of the CWD over the entirety of the Town Center Parcel was part of the Type I review conducted in relation to the Milton Meadows Apartments project and a negative declaration duly issued, which determination is herein incorporated and continued; and WHEREAS, the Town desires to proceed towards establishment of the Extension and finds that all proceedings to date have been in compliance with said Town Law Article 12-A and that this extension is in the public interest; and after conducting the aforesaid public hearing April 18, 2018 12 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 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 Extension are wholly outside the boundaries of any incorporated city or village, and are defined as inclusive of all that land identified and described as p/o TPN 31.-1-16.2, being approximately 135 acres, as shown and described in the MPR, all together with the land surveys, metes and bounds maps and descriptions, and such other descriptions and maps as are on file in the Tompkins County Clerk’s Office for the foregoing tax parcel numbers and as described in the MPR (including at Appendix A, therein), each of which is incorporated into this Resolution as if set forth here in full; and it is further RESOLVED, that the maximum amount proposed to be expended for the construction of this Extension is estimated to be $0.00, as this is vacant land and all costs of any lateral extensions and improvement belong to the future land developers, and the Town may in the future assess, levy, and collect special assessments from future lots and the parcel of land within the Extension, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the capital and related expenses of the Extension and CWD, as allowed or required by law; and it is further RESOLVED AND DETERMINED, that the Extension and any related construction and improvements identified in the afore-described Order Calling a Public Hearing be and the same are hereby approved; and it is further RESOLVED and ORDERED, that this Resolution be and is made conditional and subject to permissive referendum pursuant to Town Law §209-e and Town Law Article 7, and the Town Clerk is directed to publish and post a Notice of Referendum as soon as is possible and at least within 10 days of the date of this Resolution. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION MAKING SEQRA NEGATIVE DECLARATION UPON APPLICATION FOR TOWN CENTER ROADWAY GRANT FUNDS AND AUTHORIZING APPLICATION AND USE OF PROCEEDS THEREOF Town Counsel, Guy Krogh, explained this SEQRA is specific for funding, but it was already done as a Type 1 Action – done “globally”. The Town Board agreed Guy did not need to read through all the questions on this SEQRA. Town Counsel, Guy Krogh, stated no new wetlands mapping has been done in the last two (2) days. RESOLUTION 18-68 RESOLUTION MAKING SEQRA NEGATIVE DECLARATION UPON APPLICATION FOR TOWN CENTER ROADWAY GRANT FUNDS AND AUTHORIZING APPLICATION AND USE OF PROCEEDS THEREOF The following Resolution was duly presented for consideration by the Town Board: April 18, 2018 13 WHEREAS, the Town had submitted preliminary applications and materials to obtain approval for grant funds for economic development, highway improvements, and highway safety improvements and materials for the Town Center lands, including roadway access along SR 34 and across from Woodsedge Drive, and a preliminary approval of such application was duly issued by NYS; and WHEREAS, this action occurs in relation to several multi-year studies and approvals, involving the Town Center lands, from comprehensive and master plans, to RFPs and land sales, to recent Type I Action negative declarations and approvals for Town Center Development, each and all of which envisioned and mapped or approved future roadways in locations consistent with the grant application and purposes; and WHEREAS, this grant application is a new source of funding that requires an independent SEQRA review, this action is an Unlisted Action under SEQRA, the Town Board is the sole involved agency relative to approval, and an EAF was duly prepared and examined and an uncoordinated review duly conducted, and no actual or potential impact was deemed as, or capable of becoming, a moderate or significant negative environmental impact; and WHEREAS, after due deliberation thereupon and a review and analysis of the SEAF Part 1, the Town Board of the Town of Lansing has hereby: RESOLVED and DETERMINED, that after consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Town Board finds that the proposed action of approving and utilizing the Town Center Grant funds and applying for the same (a SAM/DASNY grant) will not have any moderate or significant negative environmental consequences or impacts; and it is further RESOLVED and DETERMINED, that this declaration is made in accord with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon: (i) its thorough review of the SEAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review; (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have any moderate or 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 SEAF, including the findings noted therein (if any, and 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 and ORDERED, 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 SEAF and Negative Declaration are incorporated herein by reference; and it is further RESOLVED, that Michael Long, Town Planner, be and hereby is authorized to apply for, sign and submit documents and information upon, and amend, finalize, and make other documents and reports relative to the grant and the funding of and accounting for the same, including but not limited to SAM Project Information Sheets, Project Certifications, Grantee Questionnaires, Non-Religious Use Certifications, Site Control Documentation and Certifications, and financial and SEQRA documentation (all together and hereafter severally and together, the “Certifications”), further including authority to receive the proceeds thereof, by, for, on behalf of, and in the name of the Town of Lansing, and as may further be necessary, desirable or convenient in relation to the foregoing, the Town Supervisor and Town Clerk be and each are hereby severally and together authorized to sign and submit any Certifications relating to any of the foregoing; and it is further RESOLVED and ORDERED, that upon receipt of any proceeds of such grant proceeds each recipient (or person receiving delivery) shall immediately and forthwith transfer April 18, 2018 14 each and all such funds, instruments, and instruments of payment to the Town Clerk or Bookkeeper for deposit in the name of, and to the credit of, the Town. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted April 18, 2018. RESOLUTION AND ORDER CALLING PUBLIC HEARING UPON PROPOSED FORMATION OF TOWN OF LANSING SEWER DISTRICT NO. 1 AND ENVIRONMENTAL REVIEW OF SAME RESOLUTION 18-69 RESOLUTION AND ORDER CALLING PUBLIC HEARING UPON PROPOSED FORMATION OF TOWN OF LANSING SEWER DISTRICT NO. 1 AND ENVIRONMENTAL REVIEW OF SAME The following Resolution was duly presented for consideration by the Town Board: WHEREAS, certain property owners have studied and petitioned for a sewer district extension for development properties, and the multi-year history of sewers in Lansing has resulted in the need for the district’s benefitted properties to pay the costs of the same; and WHEREAS, the Village of Lansing is simultaneously pursuing a sewer main extension to run to the Town Line along SR 34, and the Town, the Village of Lansing, and the Village of Cayuga Heights have pursued and executed an intermunicipal agreement regarding sewer transportation and treatment services, creating and setting aside 33,050 gallons per day (average flow) capacity for this proposed sewer district #1 (the “District”); and WHEREAS, a map, plan and report (“MPR”) has been finalized, reviewed, and recommended for approval by the Water and Sewer Advisory Board, and the same has been reviewed and is deemed in compliance with Article 12-A of Town Law, including §§ 209-c and 209-d therein; and WHEREAS, upon due deliberation upon this matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the MPR be and hereby is approved and deemed completed, accurate, and in a final form, and a copy be and hereby is filed at the Office of the Town Clerk and such is directed to be kept and made available for public review and examination; 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 the following list of reputed owners and tax parcel number(s), and the assessment map and property descriptions there for, as are on file with the Tompkins County Clerk’s Office, are expressly incorporated herein: Beginning at a point, said point being the intersection between the centerline of North Triphammer Road, said point being the northeast corner of Tax Map Parcel (TMP) #37.1-3-3.362; Thence running southerly along the centerline of North Triphammer Road approximately 1302.8 feet to a point being the intersection of said centerline and the northeast property corner of Lansing Tax Map Parcel (TMP) #37.1-3-1.3; Thence westerly along the northern boundary of TMP #37.1-3-1.3 approximately 186 feet to a point being the northwestern most corner of said TMP; Thence southerly along the April 18, 2018 15 western boundary of said TMP, TMP #37.1-3-3.361, and a portion of the western boundary of TMP #37.1-3.34 approximately 412 feet to a point being the southeast corner of TMP #37.1-3-3.362; Thence westerly along the southern boundary of said TMP 770.6 feet to a point being the southwest corner of said TMP, also being the northwest corner of TMP #37.1-3-3.32; Thence continuing southerly along the western boundary of said TMP approximately 913.3 feet to a point being the southwest corner of said TMP #37.1-3-3.32; Thence running westerly along the northern boundaries of TMP’s #37.1-6-2.5, and 2.1 to the northwest corners of TMP #37.1-5-2.1; Thence southerly, westerly, and northerly around a 60’ wide extension of TMP #37.1-6-2.2 abutting Waterwagon Road to the northeast corner of TMP #37.1-6-2.4; Thence westerly along the northern boundary of said parcel and TMP #37.1-6-2.3 to a point in the northeast corner of TMP #37.1-6-2.3 a distance of 399.6 feet, and then southerly a distance of 227.4 feet to the southwest corner of TMP #37.1-6-2.3, said point also being in the centerline of Waterwagon Road; Thence easterly along the centerline of Waterwagon Road a distance of 635+/- feet to the northwest corner of TMP #42.-1- 1.131; Thence southerly along the western boundary of TMP #42.-1-1.131 a distance of 313.9 feet to the southwest corner of said parcel, said property line also the common boundary with TMP #37.1-1-1.129, thence generally easterly southerly, and then westerly and southerly again along the southeasterly boundary line of TMP #37.1-1- 1.129 to its intersection with the northern boundary of TMP #42.-1-21; Thence running easterly along the north line of said parcel approximately 1,796 feet to a point being the northeast corner of said parcel; Thence easterly along the north boundary line of TMP #42.-1-15 a distance of 501.1 feet to the northeast corner of said TMP and also being a point in the centerline of North Triphammer Road; Thence southerly along the centerline of North Triphammer Road a distance of 398.6 feet to the southeast corner of said TMP, and thence westerly along the south boundary of said TMP a total of 511.2 feet to the southwest corner of said TMP; Thence southerly along the eastern boundary of TMP #42.-1-21 a distance of 748.8 feet to the southeast corner of said parcel; Thence running easterly 3398 feet along the entire southern border of said TMP to its’ southwest corner; Thence northerly along the western boundary (also the boundary line of the Village of Lansing) of said TMP a distance of 1161.9 feet to the northwest corner of said TMP; Thence easterly along the northern boundary of said TMP for 978 feet to the southwest corner of TMP #37.1-1-1.129; Thence northerly 718 feet along the southwest border of said TMP; Thence running westerly 1427.5 feet to the southeast corner of TMP #42.-1-1.130; Thence continuing an additional 395 feet along the southern boundary of said TMP and TMP #42.-1-1.122 to a point in the eastern right-of-way of NYS R 34; Thence running northerly along said eastern ROW boundary a distance of 636.2 feet to the centerline of Waterwagon Road; Thence running easterly along said centerline a distance of 245.3 feet to the northwest corner of TMP #42.-1-1.121; Thence running generally easterly a total of 875.3 feet along the western, southern, and eastern boundaries of said TMP to northeast corner of said TMP, which is also located on the centerline to Waterwagon Road; Thence continuing northeasterly 539 feet along the western boundary of TMP 37.1-6.2.2 to the southeast corner of TMP # 37.1-6-9, thence running westerly along the southern boundary of said TMP 392 feet to the southwest corner of said TMP; Thence running northeasterly along the western boundary of said TMP a distance of 405 feet to the eastern ROW line of NYS Route 34; Thence running northeasterly along said ROW line a distance of 942 feet to the northwest corner of said TMP; Thence running easterly along the north line of TMP # 37.1-6-9 to the northeast corner of said TMP, which is also located on the western boundary of TMP 37.1-6-2.2; Thence running generally northerly, easterly then northerly again along the western boundary of said TMP a distance of 1281.6 feet to a point on the eastern ROW line of NYS Route 34; Thence running northerly along the eastern ROW line a distance of 489.1 feet to a northwestern corner of TMP #37.1-6-2.2; Thence running easterly a distance of 537.6 feet to a corner; Thence running northerly a distance of 535.2 feet to the northern boundary line of said TMP; Thence running northeasterly 898 feet to the northeast corner of said TMP; Thence running due south 572 feet along the eastern boundary of said TMP to a point on line also being the northwest property corner of TMP #37.1-1.3.362; Thence running easterly 696 feet along the north parcel boundary line of TMP #37.1-3-3.362 to the northeast corner of said TMP, this point being located in the centerline of North Triphammer Road and also the point of the beginning. Each and all of which parcels are more particularly shown and described upon the map filed at the Town Clerk’s Office, consisting in all of 8 tax parcels and being approximately 279 April 18, 2018 16 acres in size, to which reference is hereby made and which map is expressly herein incorporated. 2. District improvements will consist of a 15” diameter PVC sewer pipe constructed over an approximate distance of 525 LF from the point of connection with the Village of Lansing main at the municipal border, extending easterly through the lands of Hicks (SR 34 and Waterwagon Road) to the lands of Young (Waterwagon Road, the proposed English Village site). Easements for siting the main and lateral service extension lines are to be obtained from the benefitted property owners, and will also be constructed of PVC piping, with stream crossings, bedding, and manholes, including permits and approvals from the municipalities and NYSDEC and NYDOH, at required distances in accord with permitting rules and the applicable 10 State Standards. 3. The estimated cost of the proposed 15” main and related appurtenances and improvements is $124,775, which District improvements are being fully constructed to Town and Village of Lansing and Village of Cayuga Heights standards, subject to inspection and permitting, and then after verification of operational capacity dedicated to the Town and the District. Benefitted properties and owners are required to construct their own private lateral service extensions and connections to the District’s main. Therefore, the cost to the Town and the District is $0.00, and no financing or debt is required for, or being assumed by, the Town or District in connection with this project. 4. One-time hook-up and connection fees will vary for each parcel but are estimated as follows: (i) a 4” PVC lateral at $40 per foot, installed; and (ii) the costs of permitting and hook-up fees, being $1,500 (with $300.00 for any special/additional inspection costs, mainly relating to industrial use permits). This District is gravity fed, so grinder pumps and force mains are not an anticipated expense. The distance to the only residence in the District (being mostly vacant land) is not yet known as final siting must occur, but the dwelling could be within 50’ of the main ($2,200). Generally, for all new sewer connections in the District the Town will charge a $1,500 permit fee for single family residential. For commercial, industrial, and multi-family parcels, a $3,000 permit fee is charged. Inspection fees, as noted, can arise but tend to occur only for industrial permit discharges. Benefitted properties and their land owners and developers will pay hook-up, permit, and lateral extension costs for their individual development projects. 5. No financing or debt is incurred by the Town or the District for project construction or dedication. 6. User costs are typically comprised of two components, being capital improvement costs (including debt repayment of principal and interest) and operation and maintenance (“O&M”) costs usually covered by ratemaking and user fees. The O&M costs of the proposed District include transportation and treatment charges of the Village of Lansing and the Village of Cayuga Heights, respectively, paid by metered water consumption, plus a Town O&M rate, yielding a total of $255 per year. With no debt costs, the total first year’s expense is thus $255. 7. The “typical property” in this District is vacant, undeveloped land and thus there is expected to be a minimal expense until a connection is actually made for a developed project. There is only one residence in the proposed district, being property upon which two businesses are located, and being also land for which other projects have been considered or proposed in the past, such that the use of such land can realistically be considered more of a commercial use. However, as it is a single-family dwelling, the potential first-year’s cost total is $255, for O&M and treatment/transportation costs, plus $0 for debt costs, as there is no public financing or assumption of debt or debt-based obligations or liabilities for this District). 8. The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk and a public hearing upon such proposed district will be held at 6:35 p.m. upon May 16, 2018 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. April 18, 2018 17 9. The Map, Plan and Report describes in detail how the financing, hook-up costs, and other costs and expenses, were estimated and computed, including the first year’s estimated costs, and thus complies with the filing and disclosure requirements of Town Law § 209- d(1). AND BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is authorized and directed to cause a copy of this Resolution and 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; and it is further RESOLVED, that the Town Clerk file a certified copy of this Resolution and Order with the NYS Comptroller at or about the time of the publication hereof, and it is further RESOLVED, that the Town Board, pursuant to SEQRA and its implementing regulations, hereby finds: 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 of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the, the NYS Department of Transportation, the Tompkins County Department of Health, the Tompkins County Highway Department, the Village of Lansing, and the Village of Cayuga Heights; 4. The Interested Agencies are determined to be the NYS Department of Environmental Conservation, the NYS Comptroller’s Office, and the Town of Lansing Planning Board. AND IT IS FURTHER RESOLVED AND ORDERED, that the Town Clerk immediately issue and deliver a Notice of Intent relative to Lead Agency status to all Involved Agencies. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION APPROVING PURCHASE OF REPLACEMENT EQUIPMENT IN ACCORD WITH CAPITAL REPLACEMENT PLANS RESOLUTION 18-70 RESOLUTION APPROVING PURCHASE OF REPLACEMENT EQUIPMENT IN ACCORD WITH CAPITAL REPLACEMENT PLANS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has long had capital management and equipment replacement plans for the Town consisting of a balance of reserve funds and budgeted cash, and in 2017 certain capital needs of the Town were discussed, including how to fund the purchase of the same in 2018 without incurring debt; and WHEREAS, the Town Recreation and Highway Departments have now confirmed and identified their need for one new equipment trailer (which they will share) to replace two aging equipment trailers (one from each department); and April 18, 2018 18 WHEREAS, the two aging trailers are planned to be sold once the new trailer is purchased to offset some, if not all, of the cost of such purchase; and WHEREAS, the Town Board has fully reviewed such need for the same, and the Town now wishes to use funds from A7110.200 and seeks verification from the Town Board to make such purchase; and WHEREAS, upon and after due deliberation upon this matter, the Town Board of the Town of Lansing has determined as follows; and now be it therefore RESOLVED, that the Highway Superintendent be and hereby is authorized to effect the following purchase: one equipment trailer and said equipment will be expended as follows: A7110.200 for a total cost not to exceed $7,000; and it is further RESOLVED, that once the two aging trailers are replaced, they are hereby declared excess property under and within the meaning of Town Law § 64, and the Town and the Highway Superintendent be and hereby are authorized to effect the sale of the same in any manner as is calculated to effect a reasonable price and return for the same. The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $640,000 IN SERIAL BONDS OF THE TOWN TO FINANCE THE COST OF ACQUIRING AND CONSTRUCTING THE IMPROVEMENTS CONSTITUTING CONSOLIDATED WATER DISTRICT EXTENSION NO. 4 RESOLUTION 18-71 At a regular meeting of the Town Board of the Town of Lansing, Tompkins County, New York, duly held at the Town Hall, 29 Auburn Road, Lansing, New York 14882, on April 18, 2018. PRESENT: Andra Benson, Councilperson Katrina Binkewicz, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor ABSENT: No one absent The following resolution was offered by Cou ncilperson Andra Benson, who moved its adoption, seconded by Councilperson Doug Dake, to-wit: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ISSUANCE OF UP TO $640,000 IN SERIAL BONDS OF THE TOWN TO FINANCE THE COST OF ACQUIRING AND CONSTRUCTING THE IMPROVEMENTS CONSTITUTING CONSOLIDATED WATER DISTRICT EXTENSION NO. 4 WHEREAS, by resolution, dated March 21, 2018, the Town of Lansing Town Board (the “Town Board”) adopted a final order, in accordance with Section 209-f(5) of the Town Law, establishing the Town of Lansing Consolidated Water District Extension April 18, 2018 19 No. 4 and authorizing the construction of the improvements constituting said extension (the “Extension”), as described the Map, Plan and Report, dated July 12, 2017, prepared by T.G. Miller, P.C., and on file in the office of the Town Clerk, at a maximum cost not to exceed $640,000; and WHEREAS, by resolutions dated July 19, 2017 and August 16, 2017, the Town Board, acting as lead agency under the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation adopted thereunder (collectively, “SEQRA”), determined that the formation of the Extension and the construction of the improvements therein constitute an “Type I” action within the meaning of SEQRA, and that the Extension will not have a significant adverse impact on the environment and adopted a negative declaration under SEQRA to such affect; and WHEREAS, the Town Board of the Town now wishes to appropriate funds for the Project (as defined below) and to authorize the issuance of the Town’s serial bonds or bond anticipation notes to finance said appropriation. THE TOWN BOARD OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK (the “Town”) HEREBY RESOLVES (by the affirmative vote of not less than two-thirds of all the members of such body), AS FOLLOWS: SECTION 1. The Town is hereby authorized to issue $640,000 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance the estimated cost of acquiring, constructing and equipping the improvements to be included in the Consolidated Water District Extension No. 4 (the “Extension”), including the acquisition of lands and easements and other rights therein, and the construction of improvements, including water mains and lateral lines, valves, pumps, curb stops, original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements to serve the properties within the Extension, engineering and other preliminary costs, legal expenses and other costs incidental to the financing thereof (collectively, the “Project”). SECTION 2. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $640,000, said amount is hereby appropriated therefore and the plan for the financing thereof shall consist of (i) the issuance of the $640,000 in serial bonds of the Town authorized to be issued pursuant to Section 1 of this resolution, or bond anticipation notes issued in anticipation of such serial bonds, and (ii) the levy and collection of assessments, charges and/or fees on properties within the Extension and, to the extent necessary, the levy and collection of taxes on all the taxable real property in the Town, to pay the principal of said bonds and the interest thereon as the same shall become due and payable. SECTION 3. It is hereby determined that the period of probable usefulness of the aforementioned specific objects or purposes is forty (40) years, pursuant to subdivision 1. of paragraph a. of Section 11.00 of the Law. SECTION 4. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to this resolution. SECTION 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in Section 1 of this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of this resolution. This resolution shall constitute a declaration of official intent to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. SECTION 6. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity April 18, 2018 20 prescribed b y Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. SECTION 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said obligations and of Section 21.00, Section 50.00, Section 54.90, Sections 56.00 through 60.00 and Sections 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the determination of whether to issue bonds having substantially level or declining debt service and all matters relating thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town Supervisor of the Town, the chief fiscal officer of the Town (the “Town Supervisor”). Further, the power to issue and sell bond anticipation notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law. Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for the object or purpose authorized by this resolution are combined for sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town, then the power of the Town Board to determine the “weighted average period of probable usefulness” (within the meaning of subdivision a. of Section 11.00 of t he Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. SECTION 8. The Town Supervisor is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond, and, or a bond anticipation note issue in the event of the sale of same to the New York State Environmental Facilities Corporation. SECTION 9. The Town Supervisor of the Town is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipating thereof, if applicable, as “qualified tax-exempt obligations” in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 10. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements and instruments, or to do any similar acts necessary to affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of this Town Board. SECTION 11. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or April 18, 2018 21 (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. SECTION 12. The Town Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published, together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official newspaper(s) of the Town for such purpose. SECTION 13. This resolution shall take effect immediately The following vote was taken and recorded in the public or open session of said meeting: AYES: NAYS: Councilperson Andra Benson X Councilperson Katrina Binkewicz X Councilperson Doug Dake X Councilperson Joseph Wetmore X Supervisor Edward LaVigne X Dated: April 18, 2018 RESOLUTION APPROVING AMENDMENT OF PERSONNEL HANDBOOK AND POLICIES RELATING TO RETIREE USE OF ACCRUED SICK TIME FOR PAYMENT OF POST-RETIREMENT HEALTH INSURANCE PREMIUMS RESOLUTION 18-72 RESOLUTION APPROVING AMENDMENT OF PERSONNEL HANDBOOK AND POLICIES RELATING TO RETIREE USE OF ACCRUED SICK TIME FOR PAYMENT OF POST-RETIREMENT HEALTH INSURANCE PREMIUMS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has before modified retiree benefit coverages and contributions, including the formulae for the use of accrued sick leave time, and the impact of recent changes in healthcare laws and coverage availabilities, the change in Town-provided policy coverages to the Healthcare Consortium, changes in Medicare, increasing premiums and other factors has again required that this program and these policies be updated; and WHEREAS, the existing policy reads as follows: Use of Accrued Sick Leave to Cover Retirement Health Insurance Contribution. Retirees eligible for bona fide NYS retirement at age 55 may use accrued sick leave to cover pre-Medicare health insurance benefits according to the actuarial schedule for life expectancy. This schedule will be updated periodically. The Town Board will determine the maximum amount of sick leave accruals and provide an annual statement of those amounts at the time the budget is approved; and WHEREAS, this system results in lost value as the pre-Medicare retirees can no longer use the credit after they have reached Medicare eligibility (as per Resolution 09-162), and thus, upon due deliberation thereupon, the Town Board of the Town of Lansing has thus RESOLVED, that the Employee Handbook, at § 803, “Use of Accrued Sick Leave to Cover Retirement Health Insurance Contribution.” Be amended to read as follows: April 18, 2018 22 “Retirees eligible for bona fide NYS retirement at age 55 may use accrued but unused sick leave time to cover and pay for the costs of pre-Medicare health insurance premiums. Such credit amount will be calculated by measuring the number of months (including partial months, which shall count as a full month for this purpose) between the date of retirement and the date of Medicare eligibility and dividing the calculated value of this credit by such number of months and applying equal, or near-equal, amounts to each month’s premium requirements. RESOLVED, this amendment becomes effective with May, 2018 premiums, and is retroactive to May 19, 2016. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION TO ADOPT THE NEW YORK STATE UNIFIED SOLAR PERMIT AND PROCESS RESOLUTION 18-73 RESOLUTION TO ADOPT THE NEW YORK STATE UNIFIED SOLAR PERMIT AND PROCESS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the New York State Energy Research and Development Authority (“NYSERDA”), together with the New York Power Authority (“NYPA”) and City University of New York (“CUNY”), developed a New York State Unified Solar Permit that reduces the cost for solar projects by streamlining municipal permitting processes; and WHEREAS, the Town of Lansing wants to promote the streamlining of the application process for small-scale photovoltaic system installations by adopting the New York State Unified Solar Permit application form and implementing the new procedures; and WHEREAS, upon a review of such program and process, and deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Town of Lansing hereby adopts the New York State Unified Solar Permit and the document titled "Understanding Solar PV Permitting and Inspecting in New York State"; and it is further RESOLVED, that the Town of Lansing Code Enforcement Officer is hereby directed to use the New York State Unified Solar Permit application form and procedures in issuance of building permits for the installation of small-scale solar photovoltaic systems; and it is further RESOLVED, that the fee for solar installations is and hereafter is to be set by resolution of the Town of Lansing Board. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye April 18, 2018 23 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION ESTABLISHING ENERGY BENCHMARKING PROGRAM AND REQUIREMENTS FOR CERTAIN MUNICIPAL BUILDINGS RESOLUTION 18-74 RESOLUTION ESTABLISHING ENERGY BENCHMARKING PROGRAM AND REQUIREMENTS FOR CERTAIN MUNICIPAL BUILDINGS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, buildings are the single largest user of energy in the State of New York, and the poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Town of Lansing is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and WHEREAS, the Town of Lansing Town Board desires to use Building Energy Benchmarking—a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings—to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Lansing; and WHEREAS, the Town of Lansing Town Board desires to establish procedure or guideline for Town of Lansing staff to conduct such Building Energy Benchmarking; and NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures be and are hereby adopted; BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES §1. DEFINITIONS A. “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. B. “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings. C. “Commissioner” shall mean the head of the Department. D. “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Lansing that is 1,000 square feet or larger in size. E. “Department” shall mean the Code Enforcement Officer. F. “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end- uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. G. “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. April 18, 2018 24 H. “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. I. “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. J. “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet- based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. K. “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. L. “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. §2. APPLICABILITY A. This policy is applicable to all Covered Municipal Buildings as defined in Section 1 of this policy. B. The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS A. No later than May 1, annually the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. B. For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION A. The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: 1. No later than September 1, annually, for Covered Municipal Buildings; and B. The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: 1. Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and 2. For each Covered Municipal Building individually: i. The status of compliance with the requirements of this Policy; and ii. The building address, primary use type, and gross floor area; and iii. Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and April 18, 2018 25 iv. A comparison of the annual summary statistics (as required by Section 4(B)(2)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building. §5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years. §6. ENFORCEMENT AND ADMINISTRATION A. The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy. B. The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy. C. Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Town of Lansing Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy. §7. EFFECTIVE DATE This policy shall be effective immediately upon passage. §8. SEVERABILITY The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION APPROVING AND ADOPTING UPDATED TOWN OF LANSING PROCUREMENT POLICY Councilperson, Joseph Wetmore, stated section two (2) was added / changed regarding documentation for purchase orders. RESOLUTION 18-75 RESOLUTION APPROVING AND ADOPTING UPDATED TOWN OF LANSING PROCUREMENT POLICY The following Resolution was duly presented for consideration by the Town Board: April 18, 2018 26 WHEREAS, at and after the organizational meeting the Town Board caused its procurement policies and rules to be examined and updated, and upon a review thereof and confirmation as to compliance with any attendant changes in New York law, including but not limited to General Municipal Law § 103, the Town Board has hereby RESOLVED, that the updated Procurement Policy as presented to the Town Board at this meeting be and hereby is approved and adopted as the official procurement policy of the Town of Lansing, and all employees and public officers shall immediately begin using such updated policy as of this date. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD AND CONTRACT TO SDM LANDSCAPING, INC. FOR COLD STORAGE BUILDING PROJECT RESOLUTION 18-76 RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD AND CONTRACT TO SDM LANDSCAPING, INC. FOR COLD STORAGE BUILDING PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town developed, approved, and issued a best value bidding RFP for cold storage building project and thereafter duly advertised public bidding upon the same and the opening was publicly and duly conducted, and thereafter the Town Board caused any submitted bids to be examined for compliance with specifications and other requirements pertaining to public bidding and such RFP; and WHEREAS, as a result of such examinations and meeting, and upon input from the Town Highway Superintendent, the best value bidder was duly identified, such bid was deemed and determined to be in compliance with bid requirements, and such bidder is not listed upon any State Debarment List, such that the Town Board desires to now award such bid; and WHEREAS, after a review of the foregoing, and upon due deliberation and consideration thereof, and in compliance with the specifications and the requirements for bidding upon public improvement projects, including but not limited to, General Municipal law §§ 101 and 103, the Town Board of the Town of Lansing has hereby RESOLVED, that the Project bid be and hereby is awarded to SDM Landscaping, Inc., pursuant to its bid dated April 11, 2018, in the amount of $52,000.00 (plus or minus any change orders or adjustments allowed or permitted by law or in or by such specifications, including but not limited to, any change orders hereafter submitted and agreed upon); and it is further RESOLVED, that Option 1 of the bid, post saver asphalt based wrap would be installed on the bottom of every post to above grade, be and hereby is elected and the sum of $425.00 be further awarded for such work, subject to any change orders or minor project modifications as may hereafter arise and be agreed upon; and it is further RESOLVED, that Option 2 of the bid, install a 4’ wainscoting around the entire bottom of the building, this could be a different color or match the trim color, be and hereby is elected April 18, 2018 27 and the sum of $500.00 be further awarded for such work, subject to any change orders or minor project modifications as may hereafter arise and be agreed upon; and it is further RESOLVED, that Option 3 of the bid, increase the ceiling height from 14’ to 16’ high and increase the four 12’ tall garage doors to 14’ tall (12’ wide), be and hereby is elected and the sum of $3,700.00 be further awarded for such work, subject to any change orders or minor project modifications as may hereafter arise and be agreed upon; and it is further RESOLVED, that Option 4 of the bid, to change uninsulated garage door to insulated, 4-14’ tall doors to insulated, be and hereby is elected and the sum of $2,000.00 be further awarded for such work, subject to any change orders or minor project modifications as may hereafter arise and be agreed upon; and it is further RESOLVED, that the grand total awarded for the complete Cold Storage Building Project, including Options 1 through 4, is $58,625; and it is further RESOLVED, that the Town issue a Notice of Award, which shall constitute acceptance of the bid by the Town, and further that the contract that was part of the RFP be completed, and the Town Supervisor be and is hereby severally authorized to execute such contract by, for, on behalf of, and in the name of the Town of Lansing, and to make, negotiate, and execute such further or other documents and agreements as are or may be necessary or convenient to cause such contract or bid award to be fully authorized and construction to be completed in as timely a fashion as practicable, including but not limited to, any future contract modifications or change orders as are necessary to achieve the best value and timely project completion as specified in the RFP. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. RESOLUTION APPROVING CROWN CASTLE COMMUNICATIONS TOWER REMOVAL BOND Supervisor, Edward LaVigne, stated this tower (which is not up yet) will go between East Shore Drive and Atwater Road. This bond is about $34,000, which is more than 125% of the estimated removal cost, if it needs to be taken down. RESOLUTION 18-77 RESOLUTION APPROVING CROWN CASTLE COMMUNICATIONS TOWER REMOVAL BOND The following Resolution was duly presented for consideration by the Town Board: WHEREAS, a communications tower location and siting approval was issued by the Planning Board pursuant to the Town’s applicable zoning and communications tower local law for the Crown Castle project on East Shore Drive, and the applicant has produced a removal bond and indemnity agreement in form required by such law, which documents require town board approval under such local law; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has thus RESOLVED, that the indemnity agreement be and hereby is deemed sufficient in form and effect to meet the requirements of the local law and, upon final approval of the form April 18, 2018 28 to be executed by Town Counsel, the Supervisor be authorized to execute the same for the Town; and it is further RESOLVED, that the form of removal bond be approved; that the applicant or Tower owner be and hereby is directed to periodically and regularly update the same as required in and by the Town’s communications tower local law; and that the bond reflect the tower address as has or may hereafter be assigned or periodically updated or changed by the County 911 system. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 18, 2018. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 18-78 The Supervisor submitted his monthly report for the month of March 2018, to all Board Members and to the Town Clerk. The Supervisor’s Report (February and March) were reviewed by Councilperson Katrina Binkewicz. The bills were reviewed by Councilperson Katrina Binkewicz and Supervisor Edward LaVigne. Councilperson Andra Benson, moved that the Supervisor’s Report be approved as submitted and the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 004 DATED _4/18/2018__ AUDITED VOUCHER #’s 231 - 309 PREPAY VOUCHER #’s 231 - 232 AUDITED T & A VOUCHER #’s 24 – 30 PREPAY T & A VOUCHER #’s 24 – 26 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 80,382.99 HIGHWAY FUND (DA&DB) $ 51,874.20 LANSING LIGHTING (SL1, 2 &3) $ 1,318.30 LANSING WATER DISTRICTS (SW) $ 13,788.91 TRUST & AGENCY (TA) $ 44,614.06 WARREN ROAD SEWER DISTRICTS (SS1-) $ 444.21 April 18, 2018 29 CHERRY ROAD SEWER DISTRICTS (SS3-) $ 380.00 BUDGET MODIFICATIONS GENERAL FUND A 4/18/2018 Board Meeting FROM TO FOR AMOUNT A1990.400 A1440.406 From Contingency to Engineering - Misc water Exts $ 3,700.00 Additional Water Exts in progress HIGHWAY FUND DA 4/18/2018 Board Meeting FROM TO FOR AMOUNT DA5148.100 DA5142.100 From Snow Removal Other to Snow Removal Town $ 17,000.00 Payroll Adjustment Councilperson Katrina Binkewicz, seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz –Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on April 18, 2018. Short Break 8:14 pm. – 8:28 pm BOARD MEMBER REPORTS Joseph Wetmore Comprehensive Plan – Joe stated, he will talk about this later. Andra Benson Library – Andra stated, the Library’s Annual Meeting is at 7:00 pm Monday April 23, 2018 and the trustee election and budget vote will be the next day. Lansing Youth Services – Andra reported, the 31st Annual Spaghetti Dinner was very successful. Edward LaVigne Ed did not have anything to report. Doug Dake Doug did not have anything to report. Katrina Binkewicz Katrina did not have anything to report. April 18, 2018 30 TOWN COUNSEL REPORT Guy Krogh Guy did not have anything to report. TOWN CLERK REPORT Debbie Munson Debbie reported, she just received notification from the NYS Education Department, Government Records Services, that paper checks which we process through our remote deposit system can be destroyed sixty (60) days after processing. MOVE MEETING TO WORK SESSION MEETING Meeting moved to the Work Session at 8:32 p.m. WORK SESSION MEETING ITEMS OF DISCUSSION Comprehensive Plan Joe stated, the Board needs to make the definitions match the future land use map and he proposed the changes. Doug stated, he appreciates the work Joe has done on this, but the changes to the Land Use Map should be done with the Planning Board; they should not be done by one (1) person. He continued, that the Plan should be approved now and then move to the land use. Andra stated, she is okay with Mike Long’s changes from the last Town Board meeting on April 11, 2018. She noted, if the map is not set in stone and it’s not a zoning change - she is confused with the map-some is the way it’s printed and some of it is because it doesn’t reflect what many people in the Town would like. Katrina stated, the land use changes from Joe are more general and simplify things. She noted, the map Joe is proposing is more of a “wish” style. Joe stated, he understands there isn’t time now for the new map which he had been proposing. He continued, the definitions apply to the current map which Mike sent out. Katrina stated, the Planning Board should go over the descriptions, but not change them right now. She noted, Joe’s proposed map should go in the Comprehensive Plan as a “this is where we are heading” guide. Ed stated, he is ok with Mike’s changes and this should be moved forward. He continued, the Planning Board should meet with the code office and Town Board to start the process of going through the map, definitions, land use, and zoning changes. Conservation Advisory Council (CAC) Ed stated, this should be mentioned in the Comprehensive Plan and Katrina agreed to do this using Joe’s information. Bell Station Katrina stated, the Comprehensive Plan is a look to the future and recreation should be on the map. She continued, she doesn’t believe there is any intention to change zoning to create a tax loss, but a “pink dot” will show NYS that the Town is serious about this. Ed stated, residents can donate the land they own for recreational use and this should be on the map. He continued, these could be possible pocket parks. Joe stated, the lake shore is scarce and putting a pink notation, for recreation, on the map will not change the zoning. April 18, 2018 31 Ed and Katrina stated, there could be an * stating recreation is the preference of the Town of Lansing, but there is no intent to change zoning. Guy stated, the entire Lake Shore (not just Bell Station), could be Lake Shore Zone (with an *) to show where the Town of Lansing would like to show protection of water front and creation of parkland and useable recreation space. Andra stated, Bell Station is privately owned and they can sell to anyone. A resident, reported back in 2013 there was some interest in NYS purchasing the land and then the door closed when they realized the Town was split on this. Ed stated, the Town needs to be generic on this and not be too aggressive. MOTION THAT THE RECREATIONAL AREA DENOTED OVER THE BELL STATION LAND ON THE FUTURE LAND USE MAP IS NOT INTENDED TO BE A SUGGESTION FOR OR AGAINST, NOR INDICATIVE OF, ANY FUTURE CHANGE IN ZONING OR USE. IT IS THERE TO INDICATE ASSENT; TO DENOTE THAT THE TOWN OF LANSING AND ITS RESIDENTS ARE AND REMAIN IN FAVOR OF NEW YOUR STATE (OR ANOTHER AGENCY) ACQUIRING SUCH LAND FOR FOREST, PARKLAND, OR RECREATIONAL PURPOSES. Councilperson Katrina Binkewicz, moved THAT THE RECREATIONAL AREA DENOTED OVER THE BELL STATION LAND ON THE FUTURE LAND USE MAP IS NOT INTENDED TO BE A SUGGESTION FOR OR AGAINST, NOR INDICATIVE OF, ANY FUTURE CHANGE IN ZONING OR USE. IT IS THERE TO INDICATE ASSENT; TO DENOTE THAT THE TOWN OF LANSING AND ITS RESIDENTS ARE AND REMAIN IN FAVOR OF NEW YOUR STATE (OR ANOTHER AGENCY) ACQUIRING SUCH LAND FOR FOREST, PARKLAND, OR RECREATIONAL PURPOSES. Councilperson Andra Benson, seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO PUT THE FOLLOWING INFORMATION IN THE NATURAL RESOURCE NR7 SECTION OF THE COMPREHENSIVE PLAN Councilperson Joseph Wetmore, moved TO PUT THE FOLLOWING INFORMATION IN THE NATURAL RESOURCE NR7 SECTION OF THE COMPREHENSIVE PLAN. Councilperson Andra Benson, seconded the motion. All in Favor - 5 Opposed - 0 The Town of Lansing should continue and expand its efforts to protect and enhance environmental quality through creation of a Conservation Advisory Council (CAC) composed of diverse group of residents. One goal of the CAC would be to complete an open-space inventory (OSI) prioritizing open areas in Lansing for conservation based on natural, scenic, and cultural values. The Town Board may then designate the CAC as a conservation board (CB). The CB should:  Establish good working relationships with other local agency members by regularly attending their meetings.  Take a collaborative, constructive approach.  Maintain a scientific, objective perspective.  Build expertise by attending educational trainings.  Engage from the start of a project.  Provide reviews and recommendations in a timely fashion. Fingerlakes Marina and Triangle on Triphammer Road The Town Board discussed and agreed to leave these as is for now and discuss it later with the public and zoning changes. April 18, 2018 32 MOTION TO PUT THE FOLLOWING CAYUGA LAKE SCENIC BYWAY INFORMATION IN THE COMPREHENSIVE PLAN SOMEWHERE ON PAGES 79 TO 83 Councilperson Joseph Wetmore, moved TO PUT THE FOLLOWING CAYUGA LAKE SCENIC BYWAY INFORMATION IN THE COMPREHENSIVE PLAN SOMEWHERE ON PAGES 79 TO 83. Councilperson Andra Benson, seconded the motion. All in Favor - 5 Opposed - 0 The Cayuga Lake Scenic Byway – The Cayuga Lake Scenic Byway runs along Route 34B to Route 34 parallel to the lake-shore near the western edge of Lansing. New York State advertises it as featuring “scenic views of the lake and its shores, rural and woodland landscapes and numerous intrinsic recreational, natural, tourist and cultural attractions. The Cayuga Lake Scenic Byway extends around the entire perimeter of Cayuga Lake. The Scenic Byway is an important recreational, tourist, and scenic amenity within the Town. Potential impacts to the Scenic Byway should be considered in relation to any future planning decisions made within the Town of Lansing. The Town should work with Cayuga Lake Scenic Byway, Inc. in an effort to foster collaboration and cooperation regarding the future of the byway as an integral part of the success of the Town of Lansing. What is next? Town Counsel, Guy Krogh, stated it may be possible to review the SEQRA, issue a negative declaration, and approve the Comprehensive Plan on May 2, 2018. He reported, he will map the byway as a separate issue. Councilperson, Joseph Wetmore, would like to have another public hearing on the Comprehensive Plan on May 2, 2018, even though it is not necessary. Councilperson, Katrina Binkewicz, stated the Town Board should be able to adopt the Comprehensive Plan on May 2, 2018. MOTION TO SCHEDULE PUBLIC HEARING FOR PROPOSED ADOPTION OF TOWN OF LANSING UPDATED 2018 FINAL DRAFT COMPREHENSIVE PLAN, SCHEDULED FOR MAY 2, 2018 AT 6:30 PM, AT NORTH LANSING FIRE STATION, 1189 AUBURN ROAD, LANSING, NY Councilperson Katrina Binkewicz, moved TO SCHEDULE PUBLIC HEARING FOR PROPOSED ADOPTION OF TOWN OF LANSING UPDATED 2018 FINAL DRAFT COMPREHENSIVE PLAN, SCHEDULED FOR MAY 2, 2018 AT 6:30 PM, AT NORTH LANSING FIRE STATION, 1189 AUBURN ROAD, LANSING, NY. Supervisor Edward LaVigne, seconded the motion. All in Favor - 5 Opposed - 0 Lansing Central School District Supervisor, Edward LaVigne, stated the Town will invite them to the Planning Board and Town Board meetings. ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 9:38 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk