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Home My WebLink About2012-07-18 REGULAR TOWN BOARD MEETING JULY 18, 2012 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 7:00 p.m. The meeting was called to order by the Deputy Supervisor, Robert Cree and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson Robert Cree, Deputy Supervisor ABSENT: Supervisor, Kathy Miller ALSO PRESENT: Guy Krogh, Town Attorney, Jack French, Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Pat Pryor, Tompkins County Representative, John O'Neill, Village of Lansing, Sheriff Ken Lansing, Dan Veaner, Dave and Joyce Heck, Ted and Martha Laux, Maureen Cowen and a few other attendees. PRESENTATION BY SHERIFF KEN LANSING: Sheriff Ken Lansing addressed the Town Board by stating he wants to have more open communication with the Town. He invited the Town Board to take advantage of expertise in his department and bring issues to him so the Sheriff's Department can be proactive in serving the Community. He indicated it was like putting a fire out before it gets started and that it saves everybody a lot of extra work and trouble. During his campaign for Sheriff, Ken Lansing stated that he could take big government and make it smaller and more personal. This way people feel they have a voice, as they do especially in the current Sheriff's Department. Sheriff Lansing has reached out to all the Tompkins County Towns and Villages asking to be put on their board agendas. He stated he was gratified by the quick response he received, saying his calendar will be full for the next month as he attends the board meetings. Deputy Supervisor, Robert Cree thanked Sheriff Lansing for attending and stated it is great that he is reaching out to the Towns and Villages. Councilperson, Ed LaVigne thanked Sheriff Lansing and his department for its work during the fireworks and the speeding problem on Myers Road. The Sheriff's Department worked closely with the Community Council to come up with and implement a traffic plan to minimize traffic issues after the fireworks event. Sheriff Lansing stated that he thinks the department can do better at next year's fireworks and committed to brainstorming prior to next years event to make improvements. OPEN PUBLIC HEARING ON LOCAL LAW #2 OF 2012, CWD RULES AND REGULATIONS: RESOLUTION 12-132 Councilperson Ruth Hopkins moved to OPEN THE PUBLIC HEARING ON LOCAL LAW#2 OF 2012, CWD RULES AND REGULATIONS at 7:05 p.m. Councilperson Andra Benson seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye 1 CLOSE PUBLIC HEARING: RESOLUTION 12-133 Deputy Supervisor Robert Cree moved to CLOSE THE PUBLIC HEARING ON LOCAL LAW#2 OF 2012, CWD RULES AND REGULATIONS at 7:06 p.m. Councilperson Andra Benson seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye ADOPT AND ENACT LOCAL LAW#2 OF 2012, CWD RULES AND REGULATIONS: RESOLUTION 12-134 RESOLUTION ADOPTING AND ENACTING LOCAL LAW#2 OF 2012 REGARDING CWD RULES AND REGULATIONS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing consolidated water district ("CWD") has long had some basic rules and regulations applicable historically to then existing water districts and their extensions, but the same have not been recorded or written in any one location for ease of management and for citizen review and input (with the exception of certain rules being in effect for the CWD as based upon Bolton Point rules); and WHEREAS, said proposed CWD Local Law proposes: (1) to define key terms; (2) to identify rules for the use and operation of water and water systems; (3) to allow permit and other inspections; (4) to establish a system extension policy; (5) to establish a water advisory board to make system and extension recommendations; (6) to establish an outside user and back-lot policy; (7) to govern permit issuances; (8) to establish hook-up, installation, and maintenance requirements; (9) to establish operational requirements and address improper or illegal connections; (10) to set water and other rates, fees, and expenses, and to provide rules for payment of the same and collection; (11) to provide for civil and criminal penalties for the violation of the proposed local law; and (12) each and all together with related terms and conditions as set forth in such Local Law; and WHEREAS, a public hearing was duly held upon July 18, 2012, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereat the public was invited to comment upon the proposed moratorium/local law, and whereat all persons interested in the subject were duly heard and all evidence taken; and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Local Law Number 2 of 2012 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 2 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 State Records and Law Bureau, Department of State, 41 State Street, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Deputy Supervisor Robert Cree duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. PRIVILEGE OF THE FLOOR: Dave Heck— 16 Ladoga Park: Mr. Heck spoke of the Hydrilla efforts and the publicity it is receiving. The signs have been installed at Ladoga Park and Ladoga Landing and given to others to install in their areas. Mr. Heck also supplied fliers for Mr. Colt to hand out in Myers Park. The Town Board and Steve Colt thanked Mr. Heck. TOMPKINS COUNTY REPRESENTATIVE —PAT PRYOR: From: Pat Pryor, Legislator, District 6, Tompkins County Legislature Re: July 2012 report Date: 7/18/2012 1. Update on County Flood Hazard Mitigation project on Salmon Creek: The project as planned was to consist of a retention pond off Lansingville Rd. in combination with a series of step pools leading down into Ludlowville and Salmon Creek. The landowner of the property where the retention pond was planned has refused the County's offer of the appraised value of the property needed to build the pond and has instead asked the County to pay about 3 times the appraised value. The funding for the project does not include enough money to exceed the appraised value, even if the County felt it was the right thing to do. Therefore, the retention pond portion of the project has come to a halt. The step pools, however, will still be constructed as planned since the property owner on Ludlowville Rd. is agreeable to their being built, and is not charging the County for the use of the land. Project completion is expected to be this Fall. 2. I expect the County to pass a local law at its meeting on Tuesday, July 17, that is intended to support hydrilla eradication efforts in Cayuga Lake. Hydrilla is a non- native invasive species which, left unchecked, could make the lake and its tributaries unusable for boating and other lake recreation. Hydrilla spreads quickly in warm weather and forms dense mats on the surface of the water. The mats cut off light to the water below and clog engines. Hydrilla is extremely difficult and costly to eradicate once established. The County expects to need approximately$1,000,000 a year for the next several years for complete eradication and is working closely with both State and Federal officials to obtain the funding needed. The law would establish a fine for transporting any plant material into Cayuga Lake. Boats will need to be cleaned carefully when exiting the water and prior to launching. $250 fine was passed. Measures that the Town of Lansing can take to support the eradication effort include educational signage at the boat ramp in Lansing Park and any other boat 3 ramps in the Town, provision of a hose that can be used to clean off boats at the park and careful surveillance of the boat launch area to assist in educating boaters as to the importance of cleaning any plant material off their boat upon exiting and before entering the water. This educational work would be an ideal position for a summer intern if any are available. I support the proposed law as necessary, but also believe that educational efforts will be extremely important in the success of the eradication effort. Respectfully submitted, Pat Pryor County Representative Pat Pryor addressed questions from the audience and the Town Board. Councilperson Edward LaVigne asked Ms. Pryor if she could provide informational pamphlets on Hydrilla to Steve Colt and the Town Clerk's Office to handout. She will make pamphlets them available to them. PLANNING and ENGINEERING DEPARTMENT REPORT: Monthly Report: Mr. Overstrom was absent from the meeting but previously submitted his monthly activity report for the month of June to all Board Members and the Town Clerk. HIGHWAY DEPARTMENT REPORT: Waterline replacement on Brickyard Rd Work at Community Center Waterline breaks on Brickyard Rd Waterline breaks at Cross Roads Speed Limit Sign is repaired Paving for Town of Ithaca NYSDOT—called and stated they were going to start mowing the roadsides next week. Suite-Kote Corporation out or Cortland will be paving from Rogues Harbor to Route 38 and to the county line on Auburn Road. The ruts will be leveled and taken out. PARK and RECREATION DEPARTMENT REPORT: Parks & Recreation 7/18/12 Town Board Meeting RECREATION • Registrations for summer programming are still coming in. At the June meeting, I reported that our summer program fees were down a little from last year. We had also noticed a trend where program registrations were coming in slowly for most programs in general. Since our last meeting, we have steadily grown with registrations and our program fee total now is up to $64,750.00 from the $47,710.00 reported in June. • Our camps are going very well. Our staffing that looked great on paper prior to the program start is even better than we hoped. We are hearing really good feedback about the programs. The 4 "unannounced" Health Department inspection even turned out to be excellent. The Day Camp is about to complete session 2 with one more final session to go with the final session ending on August 3rd • One of our larger camps, the Band& Orchestra Camp with 77 students is scheduled to start next Monday July 23rd and runs through the 27th with a concert on the last day. • I will be hosting a Youth Football league wide meeting here on August 8th The meeting will include a presentation from Kim Bailey on head injuries and concussions. Kim is from Cayuga Medical Center Sports Medicine. Our YFL teams will start practice on August 20. PARKS • The FIREWORKS show was huge.... Again! The weather was absolutely perfect for the event and the logistical upgrades from last year were an improvement too. The large crowd did make for a large trash "pick up" the next morning. • Concerts—We have had 2 in Myers and 1 in Ludlowville so far. Attendance and donations have been great so far, easily covering the costs of the bands. The Ludlowville concerts are fully funded by a grant made possible from the Tompkins County Tourism Program. • The Park remains very busy and especially so with the extended hot weather. We have had several requests for a "non-resident season admission pass". This would be a good addition and similar to the state's Empire Pass idea. • The swim area at Myers Park has had just over 2,000 swimmers from June 25th through July 16th. Our lifeguards are very busy with the heat, and I am sure that we have had many more swimmers in the area after the area closes each evening... • Pathways update- Town Center Trail in your report to the TB on 7-18-2012: • Installation of the new sign Lansing Center Trail on route 34 B. Address: 90 Auburn Rd, Lansing NY 14850. • Installation of a plaque of recognition for Junior Girl Scout Troop 40086 of Lansing. The girl scouts have established a garden near the entrance of the trail. • Installation of a pet waste station with recognition to the Meadow Ridge Veterinary Clinic. • Placement of a picnic table on the garden site. • Dave Miller of Boy Scout Troop 4 and his crew have begun Dave's Eagle Scout project clearing the former Shortline railroad bed. This will add an interesting spur to the trail, provide shade and inform the users about history and the natural world. A complete article on Dave's project was reported in the Lansing Star edition on Friday July 13, 2012. Dave will also be building a bridge to span a stream,he will be blazing the trail and installing signage depicting history, vegetation and other interesting and important details pertinent to this section of the trail. Dave's goal is to complete the project in late summer. The new trail is useable now although not complete. Please go take a walk and let us know what you think. 5 We would like to thank the town highway department crew for the recent attention and repair to the ruts and uneven ground on the west side of the trail. Submitted by, Maureen Cowen Lansing Pathways SCHEDULE PUBLIC HEARING FOR VILLAGE SOLARS/VILLAGE CIRCLE PDA: RESOLUTION 12-135 RESOLUTION ACKNOWLEDGING REFERRAL AND RECOMMENDATIONS FROM PLANNING BOARD AND SCHEDULING A PUBLIC HEARING UPON THE VILLAGE CIRCLE-VILLAGE SOLARS PLANNED DEVELOPMENT AREA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Applicant, Rocco Lucente, filed an Application for formation of a PDA to include a 138 apailiuent unit expansion of the Village Circle Apartments complex located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-38.7; 39.-1-38.9; 39.-1-38.10; P/O #39.-1-32.2; P/O #39.-1-38.2) as located within the R-2 Zoning District; and such Developer has requested Town Board Approval and Planning Board preliminary review and referral of said Application; and WHEREAS, Applicant, Stephen Lucente, on behalf of Lucente Holdings, Inc. and Village Solars, LLC, has filed a joint Application for inclusion in the PDA of an additional project to construct 174 new additional "Village Solars" apartments located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-34; 39.-1-38.4; 39.-1-38.3; 39.-1-38.6; 39.-1-38.5; 39.-1-35; 39.-1- 38.1; 39.-1-38.11; 39.-1-38.13; 39.-1-38.8; 39.-1-38.16; 39.-1-38.14; 39.-1-38.15; and 39.-1-38.12) as located within the R-2 Zoning District; and such Developer(s) have requested Town Board Approval and Planning Board preliminary review and referral of said Application; and WHEREAS, the proposed name of the PDA encompassing both projects is the "Village Circle-Village Solars PDA", with a the combined acreage of approximately 33.25 acres within the R2 zoning district; and WHEREAS, the Town of Lansing Planning Board has considered and carefully reviewed the Applications for the Village Circle-Village Solars projects and PDA, including having conducted several meetings with the Applicants to discuss the projects and the parameters of the projects, including the proposed water and sewer infrastructure, and the Applicants have filed Amended Applications and Site Plan(s) respecting the proposed projects and PDA; said Amended Applications being filed in the Planning Department on May 13, 2012; and in relation thereto, Planning Board members have offered several comments and proposed conditions to the Applicants respecting the project, and the Applications were referred by the Planning Board to the Town Engineer for comment. Town of Lansing Engineer, David A. Herrick, T.G. Miller, P.C., has reviewed the Applications and commented thereon by correspondence dated May 28, 2012, respecting proposed conditions for sanitary sewer facilities, water facilities, stormwater management, and a traffic impact study; and the Planning Board considered and carefully reviewed the Applications and the Applicants' Statements of Intent to Comply with Conditions and Specifications of the Planning Board, filed July 6, 2012, respecting the Applicants' project proposals and PDA Proposal; and 6 WHEREAS, the Public Comment Period on the Application was commenced on July 6, 2012, upon submission of the Applicants' Statements of Intent to Comply, pursuant to Section 706.5 of the Lansing Land Use Ordinance, and a public hearing was held by the Lansing Planning Board on July 9, 2012, respecting Planning Board site plan review and consideration of the proposed Village Circle-Village Solars PDA Application materials and the Applicants' Statements of Intent to Comply, as well as consideration of whether the Planning Board should recommend to the Town Board either: (1) disapproval of the proposed PDA development; or (2) conditional approval of the PDA development, subject to such conditions set forth in the Statement of Intent to Comply and/or any other conditions otherwise imposed by the Planning Board; and WHEREAS, at the Planning Board's public hearing,held on July 9, 2012, the residents of the Town of Lansing were given a full opportunity to be heard respecting the proposed Village Circle-Village Solars PDA development, and the Planning Board reviewed said comments and concerns of the residents, including concerns respecting the following potential impacts of the project: increased traffic, drainage and stormwater concerns, density issues, infrastructure capacity; and WHEREAS, on July 9, 2012, the Planning Board, pursuant to Lansing Land Use Ordinance Section 706.5, underwent site plan review of the proposed Village Circle- Village Solars PDA development, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq., relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Site Plan, and the Planning Board did also then consider issues of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and the Planning Board also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, at the request of the Planning Board, Town of Lansing Engineer, David A. Herrick, T.G. Miller, reviewed the Applicants' State Environmental Quality Review Act (SEQRA) documents, including the Long Environmental Assessment Forms (LEAFs), and was present at the July 9, 2012, Planning Board Meeting to address questions respecting potential adverse environmental impacts of the projects, and overall potential PDA impacts, and indicated that the Planning Board's proposed conditions and specifications for potential approval of the PDA address the potential negative environmental impacts of the project and that such conditions and restrictions had the likely effect of mitigating impacts and making them non-significant, subject, of course, to formal SEQRA review by the Town Board; and WHEREAS, pursuant to Section 706.5 of the Town of Lansing Land Use Ordinance, the Planning Board recommended conditional approval of the PDA to the Town Board, subject to the following recommended conditions and the Developer/Applicants' Statements of Intent to Comply: 1. Water: A. Approval contingent upon the Town's creation of a new pressure zone in the Warren Road/Bean Hill areas, with such new infrastructure to include: (i) a new water tank, new pump station, and new transmission station; (ii) improvements to the Burdick Hill Pump Station, if any, to be identified by the Town Engineer, David A. Herrick, who will conduct a study of pumps and controls at the Burdick Station; (iii) the placement of interim hydro-pneumatic systems to be constructed by the Town near the Village Circle tanks in compliance with Town Engineer, David A. Herrick's specifications; (iv) payment by Developers of $70,000.00 total to cover the above costs of study and hydro-pneumatic system infrastructure, if such Booster System is in place to serve the PDA by 12/31/2012. 7 B. Approval of Phase One PDA build out shall be contingent on an interim hydro- pneumatic system being in place and in operation in compliance with Town Engineer, David A. Herrick's specifications. 2. Sewer: A. Approval is contingent upon and subject to a total build-out limit — the total number of Village Solars-Village Circle Warren Road Sewer District (WRSD) units following PDA build-out on both applications is capped at 470 WRSD units. B. Approval is contingent upon Town Engineer, David A. Herrick's, providing updated 20-year WRSD design flow calculations, which calculations will now be required to take into effect the above-reference 470 WRSD/PDA units and other potential future development. C. Approval is contingent upon an amendment to the IMA between the Town of Lansing Warren Road Sewer District Extension and the Villages of Lansing and Cayuga Heights to acknowledge the updated 20-year design flow and to verify sewer transportation and treatment capacity for this project and its surrounding areas and future growth in such area. 3. Stormwater: A. Approval is contingent upon Town Engineer, David A. Herrick's approval of the Applicants/Developers' stormwater control erosion plan (SWPPP) and such SWPPP's final design. In connection therewith the Applicants/Developers shall: (i) provide Runoff reduction volume (RRv) sizing criteria in compliance with NYSDEC GP-0- 010-01 regulations, as addressed by the Town Engineer; (ii) shall adhere to NYSDEC Design Manual specifications for green infrastructure; and (iii) provide full descriptions of PDA large-water feature sources and their impacts upon bedrock conditions regarding both initial construction and long term sustainability. 4. Bus Shelter: A. Approval shall be contingent upon a bus shelter to be constructed and located on Warren Road near the proposed PDA east/west walkway, but only if TCAT approves such placement and such proposed bus shelter. 5. Community Areas: A. Approval of future PDA phases and the issuance of building permits and Certificates of Compliance and Occupancy are conditioned upon the Developer/Applicants completing the public, quasi-public, and community improvements and buildings within the proposed PDA within 2 years of the date of commencement of initial PDA construction. 6. Trails/Pathways: A. Approval shall be contingent upon Applicants/Developers agreement to construct and maintain all trails and pathways located within the PDA. If requested by the Town, Applicants/Developers shall dedicate land in fee or by easement to the Town of Lansing for the PDA trails and pathways within 6 months of final approval of the projects and PDA. B. Applicants/Developers shall cooperate and coordinate with the Lansing Pathways Committee and the Town of Lansing Department of Parks and Recreation to produce, in a timely manner, a Master Plan delineating how the PDA trails and pathways shall interconnect with other existing and planned pathways and trails in the area. C. Final approval shall be contingent upon a delineation of the width, construction methodologies and materials, and maintenance plans for any pathways and trails. 8 7. Roads: A. Approval is conditioned upon Applicants/Developers dedicating a 60-foot right of way and easement for a potential future road and/or pathway within the PDA linking Dutch Mill and Village South roads. B. Approval is conditioned upon Applicants/Developers dedicating a 60-foot right of way and easement for a potential future road and/or pathway within the PDA linking Village Circle North and Springbrook Circle roads. C. Approval is conditioned upon the Developer dedication in fee the road section on Village Place within the PDA, pursuant to a prior agreement between such Developer and the Town. D. Approval is conditioned upon the acceptance or adoption of suitable maintenance agreements for the new PDA road, as depicted in the PDA site plans as a private road and as the primary entrance into the project, between the Town and the Developers, which agreements may be by direct contract or through the implementation of HOA requirements and/or declarations. E. Approval of the PDA is contingent upon the Town of Lansing Highway Superintendent's review and approval of the final road infrastructure layout within the proposed PDA. F. Approval is conditioned upon an updated and/or completed traffic study to be conducted by Stephen Ferranti, SRF Associates, as traffic consultants, who shall be retained on behalf of the Town at the expense of the Developers/Applicants to determine the scope and extent of a traffic impact study intended to address Town and County concerns, all as recommended by Town Engineer, David A. Herrick. Said traffic consultant shall also review, report, and comment upon the final traffic study to be conducted by Applicants/Developers' Engineer. WHEREAS, by Resolution dated July 9, 2012, and in compliance with the Land Use Ordinance, the Planning Board has complied with the requirements of the Land Use Ordinance relating to the Public Comment Period, and other preliminary steps, relative to the conditional recommendation of the proposed PDA, and has formally referred the matter to the Town Board for mandatory review, public hearing, and a SEQRA review; and WHEREAS, pursuant to the Land Use Ordinance, the Town Board must schedule a Public hearing to consider the PDA and the recited and recommended conditions within 45 days of the date of Planning Board referral, and the Town Board must thereafter issue a preliminary disapproval, approval, or approval with conditions of such PDA application within 30 days after such public hearing; and WHEREAS, the Town Board notes that the conditions recommended by the Planning Board are not binding upon the Town Board; but neither are they exhaustive of any other or more stringent conditions that the Town Board may opt to apply, and therefore, upon due consideration and deliberation by the Town of Lansing Town Board, now therefore be it RESOLVED, that a public hearing to consider the PDA applications of: (i) Rocco Lucente for the Village Circle Apartments complex located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-38.7; 39.-1- 38.9; 39.-1-38.10; P/O #39.-1-32.2; P/O #39.-1-38.2), within the R-2 Zoning District; and (ii) Lucente Holdings, Inc. and Village Solars, LLC, for 174 new "Village Solars" apartments located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-34; 39.-1-38.4; 39.-1-38.3; 39.-1-38.6; 39.-1-38.5; 9 39.-1-35; 39.-1-38.1; 39.-1-38.11; 39.-1-38.13; 39.-1-38.8; 39.-1-38.16; 39.-1-38.14; 39.- 1-38.15; and 39.-1-38.12); be and is hereby scheduled for the 15th day of August, 2012, at 7:10 P.M. at the Lansing Town Hall, 29 Auburn Road, Lansing,New York, and to thereat hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing be and is hereby authorized and directed to cause a Notice of Public Hearing to be published and posted in accord with law; and it is further RESOLVED, that the Town Clerk, in conjunction with the Planning Office, deliver a copy of the proposed PDA and Site Plan, and their accompanying SEQRA documents, to the Tompkins County Department of Planning pursuant to General Municipal Law Sections 239-1 and 239-m. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. SCHEDULE PUBLIC HEARING FOR VILLAGE SOLARS/VILLAGE CIRCLE PDA SEQRAS: RESOLUTION 12-136 RESOLUTION CLASSIFYING ACTION,DECLARING LEAD AGENCY, IDENTIFYING INVOLVED AND INTERESTED AGENCIES, AND SCHEDULING PUBLIC HEARING FOR INPUT UPON TOWN BOARD ENVIRONMENTAL AND SEQRA REVIEW OF PROPOSED VILLAGE CIRCLE-VILLAGE SOLARS PLANNED DEVELOPMENT AREA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Applicant, Rocco Lucente, filed an Application for formation of a PDA to include a 138 apartment unit expansion of the Village Circle Apartments complex located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-38.7; 39.-1-38.9; 39.-1-38.10; P/O #39.-1-32.2; P/O #39.-1-38.2), as located within the R-2 Zoning District; and such Developer has requested Town Board Approval and Planning Board preliminary review and referral of said Application; and WHEREAS, Applicant, Stephen Lucente, on behalf of Lucente Holdings, Inc. and Village Solars, LLC, has filed a joint Application for inclusion in the PDA of an additional project to construct 174 new additional "Village Solars" apartments located at Warren Road and Village Circle North, Village Circle South, and Village Place (Tax Parcel Nos. 39.-1-34; 39.-1-38.4; 39.-1-38.3; 39.-1-38.6; 39.-1-38.5; 39.-1-35; 39.-1- 38.1; 39.-1-38.11; 39.-1-38.13; 39.-1-38.8; 39.-1-38.16; 39.-1-38.14; 39.-1-38.15; and 39.-1-38.12) as located within the R-2 Zoning District; and such Developer has requested Town Board Approval and Planning Board preliminary review and referral of said Application; and WHEREAS, the proposed name of the PDA encompassing both projects is the Village Circle-Village Solars PDA, and the combined acreage of the above referenced parcels within the PDA is approximately 33.25 acres within the R2 zoning district; and 10 WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Application and the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, and the Public Comment Period and other preliminary steps relative to the requirements of the Land Use Ordinance have been complied with, and the Planning Board, by Resolution dated July 9, 2012, formally referred said PDA application(s) to the Town Board for hearing and possible preliminary approval; and WHEREAS, pursuant to the Land Use Ordinance, the Town Board must schedule a Public hearing to consider the PDA and the recited and recommended conditions within 45 days of the date of Planning Board referral, and the Town Board must thereafter preliminarily disapprove, approve, or approve with conditions such PDA application. Further, by law, the Town Board, as the approving agency, must conduct a SEQRA review for this action, and upon due deliberation upon all of the foregoing, now therefore be it RESOLVED AND DETERMINED, that 1. This action is classified as a Type I Action pursuant to 6 NYCRR Part 617.4; 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for coordinated environmental review, subject to consent or any requests regarding such coordinated review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Lansing Planning Board, the County Department of Planning, the County Department of Health, the NYS Department of Health, the NYS Department of Environmental Conservation; the Southern Cayuga Lake Intermunicipal Water Commission, the Village of Lansing, the Village of Cayuga Heights, and the Tompkins County Highway Department; and 4. The Interested Agency is determined to be the Town of Lansing Recreational Pathways Committee; and it is further; RESOLVED, that the Town Clerk issue a Notice of Intent to each and all of the following Involved Agencies and Interested Agencies, including therewith a copy of the proposed Site Plan, the Statement of Intent to Comply, the Planning Board Resolution of Referral, and the LEAFs; and it is further RESOLVED, that a public hearing to consider the environmental impacts of the proposed PDA application of Rocco Lucente, Lucente Holdings, Inc., and Village Solars, LLC, known as the Village Circle-Village Solars Planned Development Area, respecting approximately 33.25 acres of proposed phased residential development consisting of up to 470 units within the R2 Residential District located at and along Warren Road, Village Circle North, Village Circle South, Village Place, be and is hereby scheduled for the 15th day of August, 2012, at 7:05 P.M., at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published and posted in accord with law. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye 11 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. SCHEDULE PUBLIC HEARING FOR LOCAL LAW #3 OF 2012, FOR GAMES OF BINGO AND GAMES OF CHANCE: RESOLUTION 12-137 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW#3 OF 2012 REGARDING THE RE-AUTHORIZATION AND UPDATING OF AUTHORIZATIONS FOR GAMES OF BINGO AND AUTHORIZING GAMES OF CHANCE WITHIN THE TOWN OF LANSING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing had previously authorized Bingo within the Town by and under Ordinances # 1 and # 1A, and the same need to be duly updated to comply with changes in NYS Law, and further, the Town wishes to formally authorize the conducting of games of chance within the Town pursuant to NYS Law; and WHEREAS, said proposed Local Law proposes: (1) to define certain terms, mainly by adopting NYS definitions as set forth in the General Municipal and Executive Laws; (2) authorize lawful games of chance and bingo within the Town to be conducted in accord with NYS Law; (3) to issue permits, conduct enforcement operations, and collect and make reports upon gaming activity as required by NYS Law, all together with related terms and conditions as set forth in such Local Law; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of August, 2012, at 7:15 P.M., to consider public input and comments upon such proposed Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED AND DETERMINED that this action is classified as a Type II Action under SEQRA (6 NYCRR Part 617, § 617.5(c)(20, 27)), such that no environmental review is mandated or required. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. 12 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW#4 OF 2012 REGARDING THE GRANT OF LAND TO THE LANSING COMMUNITY LIBRARY: RESOLUTION 12-138 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW#4 OF 2012 REGARDING THE GRANT OF LAND TO THE LANSING COMMUNITY LIBRARY The following Resolution was duly presented for consideration by the Town Board: WHEREAS, many years ago the Town built a new town hall on the same parcel of land as the old town hall and scheduled the old town hall for demolition, and a group of concerned citizens saved the old town hall building from destruction for possible re-use as a public library. Thereafter, the building was completely re-designed and brought up to code, including by being made ADA compliant, without the fiscal participation by the Town and a private library was opened in 2001. The land and now improved building and grounds were leased to the library by the Town through a renewable 10-year lease. This library was open to the public and its mission was to always serve an important public purpose related to education; such purpose being principally furthered by the operation of a free library focusing upon community needs and betterment; and WHEREAS, in 2007 the library became a school district public library, officially known as the "Lansing Community Library" (hereafter, the "Library"), and in 2008 the Library became part of the Finger Lakes Library System and became a chartered Library (which involved the Department of Education and "chartering" by the NYS Board of Regents). As a result, the Library acts as a free public library to all persons within the Lansing Central School District. The Library thus is a public corporation that has as its tax base the Lansing Central School District tax base, upon which tax bill there is a line for library taxes; and WHEREAS, because the Library does not own the land upon which the library building and resources are situate and utilized to fulfill its public mission, the Library cannot qualify for certain grants and betterment opportunities, thus having the effect of increasing taxes for most or all residents in the Town; and WHEREAS, the Library fulfills an important public purpose, and with the Town Center project fully underway, the Town Board of the Town has made several important findings. These findings include: (i) that it is in the public interest of the Town to preserve and support a local free library; (ii) having a library resource within the Town Center area is vital to the success of the Town Center plan; (iii) that there is no present need or use of or for the land upon which the Library is situate, and concomitantly, there is no need or use of or for the building and improvements situate upon such land; and even further, that there is no foreseeable future need or proposed use for such land or buildings; (iv) that it is in the public interest to require, as a condition for the grant to the Library of such Town land and improvements, that the Library be open to all Town of Lansing residents and that basic library services be forever provided upon a free-of- charge basis; (v) that it is the public interest to retain a right of reversion in title to the land and improvements such that, if it ever ceases to be used for library services, title thereto shall revert to the Town; and (vi) that this grant, being supported by the consideration of free library services to all Town residents, and being also supported by the power of the Town to gift and grant money, interests, and titles to other public entities and corporations and libraries for proper public purposes, will have the effect of reducing taxes in most or all of the Town as the Library, being an owner of the land upon which it is situate, will qualify for grants as opposed to having to raise needed funds directly through its own taxing authority, or indirectly through Town taxes generated by the Town's support of the Library; and WHEREAS, said proposed Local Law proposes to, upon the terms and conditions stated above, and upon reservation of cross-easements for parking and utilities, transfer land to 13 the Library, together with related terms and upon such conditions as are set forth in such Local Law; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of August, 2012, at 7:20 P.M., to consider public input and comments upon such proposed local law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED AND DETERMINED that this action is classified as a Type II Action under SEQRA (6 NYCRR Part 617, § 617.5(c)(20, 27)), such that no environmental review is mandated or required. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. RESOLUTION ADOPTING BURDICK HILL SEQRA: RESOLUTION 12-139 CONCURRING SEQRA RESOLUTION FOR THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION'S 2012 BURDICK HILL WATER TANK REPLACEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission"), a Commission created by Intermunicipal agreement between the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing (individually a "Member Municipality" and collectively the "Member Municipalities"), has identified the need to construct (i) a new 900,000 gallon concrete water storage tank (the "New Tank") 60 feet in diameter with a liquid height of 42 feet (with a total height of 50.2 feet, 46.2 feet of which will be above grade), such new tank to be constructed on the site of the Commission's existing 37± year old 1,500,000 gallon welded steel water storage tank (the "Existing Tank")just east of the intersection of North Triphammer and Burdick Hill Roads in the Town of Lansing; (ii) a 20 inch ductile iron main running from the Commission's existing transmission main; and (iii) provisions for overflow of the New Tank in the form of a drainage system and discharges to a swale in the northeast corner of the site, all such construction collectively hereinafter referred to as the "Project"; and 14 WHEREAS, the Commission's engineer completed the final design of the Project and the Commission had previously determined the Project to be an "Unlisted Action" for the purposes of environmental review pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") and the laws and regulations of the Commission; and WHEREAS, the Commission is aware that the Town of Lansing has already undertaken and completed a Project site plan review, and did duly issue a site plan approval Project, including its own SEQRA review in connection therewith; and WHEREAS, the Commission, in performing the lead agency function for its environmental review did thoroughly review the Short Environmental Assessment Form (the "SEAF"), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyze the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) completed the SEAF, Part II; and based thereupon, the Commission did duly issue a Negative Declaration of environmental impacts; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing, as a constituent Member Municipality, hereby accepts the finding(s) of the Commission as based upon (i) the Commission's thorough review of the SEAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) the Commission's thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) the Commission's completion of the SEAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), which thus made a negative determination of environmental significance ("Negative Declaration") in accordance with SEQRA for the above referenced proposed action, and determined that neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required; and which determination by the Commission authorized and directed a Responsible Officer of the Commission to complete and sign as required the SEAF, Part III, confirming such Negative Declaration; and it is further RESOLVED, that the Town of Lansing, as a Member Municipality concurs in such determination and hereby adopts the same. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. APPROVE McKINNEY'S POINT MAIN REPLACEMENT BID: RESOLUTION 12-140 RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD TO VACRI CONSTRUCTION CORPORATION FOR CWD McKINNEY'S POINT 15 MAIN REPLACEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, after the adoption and filing of the §202-b Final Order for the water main replacement project at McKinney's Point for the Consolidated Water District, the Town Board duly caused specifications to be drawn and released for public bidding; and WHEREAS, the bid specifications were duly advertised and the bid opening was publicly and duly conducted, and thereafter the Town Board caused the bids to be examined for compliance with specifications; and WHEREAS, as a result of such examinations and meeting, and upon input from the Town Engineer and Director of Planning, the lowest bidder's bid price and proposal were in compliance with bid requirements and such bidder is not listed upon any State Department 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 Vacri Construction Corporation, of One Brick Avenue, Binghamton, New York 13901, pursuant and subject to the project specifications, in the amount of$351,000.00 (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 the Town Engineer be and hereby is authorized to issue a Notice of Award, which shall (i) reject Alternate No. 1, and(ii) condition bid acceptance by the Town and the CWD upon the proper execution and timely delivery of the applicable contract documents; and it is further RESOLVED, that the Town Supervisor and/or Deputy Supervisor be, and each is hereby, authorized to cause the drafting of, and to so execute, a contract with said Vacri Construction Corporation by, for, on behalf of, and in the name of the Town of Lansing, and each be and is hereby further authorized to make, negotiate, and/or execute such further or other documents and agreements as are or may be necessary or convenient to cause such contract and/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 allowed by law or in or by such project specifications. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. ACCEPT PROPOSED DEDICATION OF EASEMENT AND FACILITIES REGARDING CWD SUN PATH EXTENSION: RESOLUTION 1 2-1 41 RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSED DEDICATION OF EASMENT AND FACILITIES REGARDING CWD SUN PATH EXTENSION 16 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, pursuant to a Developer's Agreement and a Final Order respecting the extension of the Consolidated Water District ("CWD") to and along Sun Path Road, the said infrastructure was installed by the residents and a private developer; and WHEREAS, the water district extension, water mains, lines, hydrants, and other facilities and appurtenances have been installed, inspected, tested and approved by the Town Engineer and Bolton Point, and the easement and facilities are ready for dedication to the Town and CWD; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Supervisor and/or Deputy Town Supervisor be and hereby are authorized to negotiate the terms of and accept dedication of water district easements and facilities for the Sun Path CWD Extension, upon such terms and conditions as are approved by Town Counsel, by, for, on behalf of, and in the name of the Town and the CWD, and in connection therewith, the Town Supervisor, Deputy Town Supervisor, and Town Counsel be authorized to sign deeds and related documents are deemed necessary or convenient to give effect to the foregoing resolution. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2012. APPROVE AUDIT and BUDGET MODIFICATIONS: RESOLUTION 12-142 Deputy Supervisor Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 007 DATED 7/18/12 AUDITED VOUCHER #'s 603 — 716 PREPAY VOUCHER #'s 603 — 608,712 AUDITED TA VOUCHER #'s 46 — 57 PREPAY TA VOUCHER #'s 46 — 48 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 1,994,712.31 HIGHWAY FUND $ 60,948.95 LANSING LIGHTING $ 134.00 17 LANSING WATER DISTRICTS $ 13,642.91 TRUST & AGENCY $ 29,193.12 WARREN RD SEWER-CAPITAL PROJ $ 0.00 LANSING SEWER DISTRICTS $ 7,352.07 DEBT SERVICE $ 0.00 Reason Funds not allocated in Original Budget A599 A1420.400 From Fund Balance to Attorney Contractual $25,000.00 Reason Unexpected Legal Costs- Morris issue, etc A1990.400 A1620.405 From Contingency to Town Hall Building Repairs $2,000.00 Reason Original Budget Underestimated A1990.400 A1670.400 From Contingency to Central Printing &Advertising $3,500.00 To Cover 2011 Lansing Star bill, that was billed in 2012, plus legal ads & Reason misc A599 A1940.400 From Fund Balance to Purchase of Land $114,800.00 To cover additional cost removing restrictions on State Reason Land From Fund Balance to Parks & Rec Equipmnt$32,000- A599 A7110.200 $9,000 $23,000.00 Reason To cover cost of New Tractor from Equipment A599 A7110.200R From Fund Balance to Parks & Rec Equipment Reserve $9,000.00 To cover cost of New Tractor from Equipment Reserve Reason Funds A7320.100 A7320.110 From Youth Srvcs Prsnl Srvcs to Youth Srvcs Prsnl Services $5,250.00 Reason To correct June Budget Modification WATER DISTRICT SW 7/18/12 Meeting FROM TO FOR AMOUNT SW5031 SW9730.602 From Interfund Transfer to Drake Rd BAN Prinicipal $35,016.25 SW5730 SW9730.602 From BAN Proceeds to Drake Rd BAN Principal $94,483.75 Adjust for Full Payment— BAN transferred to TTC Councilperson Andra Benson seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye BOARD MEMBER REPORTS: Andra Benson: Senator Michael F. Nozzolio will be presenting a $10,000.00 grant to the Lansing Library. Robert Cree: Bolton Point is working on their capital projects and starting their budget process. The Planning Board has been working hard on the VillageSolar/Village Circle PDA's Ruth Hopkins: The Broadband Committee is working hard with a lot of work to be done. 18 Edward LaVigne: Grants: The Recreation Department is receiving a $2,000.00 grant from the United Way. Youth Services will be receiving $3,500.00. Community Council applies for these grants. Ed reported he played card Bingo with the LOAP group at Myers Park. LHA is doing well he has been kept up to date by emails. Compensatory Time: Page 700-1 Section 702 Compensatory Time which reads as follows was discussed and clarified: With pre-authorization from the Department Head, a non-exempt employee will have the option of receiving"compensatory time" in lieu of paid overtime. When a non-exempt employee chooses to receive compensatory time, the employee will be credited with the equivalent of one and one-half hours for all authorized time worked over forty hours in a given workweek. An employee may accumulate up to forty hours in compensatory time credits. In the event an employee accrues more than forty compensatory time credits, the employee must either use the excess compensatory leave credits within the pay-period in which it is earned or take paid overtime. An employee must use all compensatory leave credits within the calendar year in which they are earned or receive cash payment at the end of the calendar year at the employee's then current rate of pay. Attorney Guy Krogh stated that as long as the employee receives Department Head approval and it is within his budget no Town Board approval is needed. Supervisor's Monthly Report: The Supervisor has submitted her monthly report for the month of June to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT: Attorney Guy Krogh informed the Town Board that they will be receiving the Time Warner Cable Franchise Renewal. Town Center: John Kanter is working on building the RFP's and a possible discussion will be held at the next work session meeting. ADJOURN MEETING: RESOLUTION 12-143 Councilperson Edward LaVigne moved to ADJOURN THE JULY 18, 2012 TOWN BOARD MEETING AT 8:15 PM. Councilperson Ruth Hopkins seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Deputy Supervisor Robert Cree Aye Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall 19