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HomeMy WebLinkAbout2018-07-18 July 18, 2018 1 REGULAR TOWN BOARD MEETING July 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 6:35 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 Laura Nemecek, Deputy Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor ABSENT: Katrina Binkewicz, Councilperson ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Dan Veaner, Lansing Star, Ted Laux, Mike Sigler, Tompkins County Legislator, Michael Long, Town Planning Consultant, Steve Colt, Director Parks and Recreation, Douglas and Theresa Emerick, Joe Williams, Claes Nyberg, Rebecca Lovenheim, Jack Young, Carol Oster, Rochester’s Cornerstone Group, Phillip Borrelli, Attorney for Rochester’s Cornerstone Group, and a few other attendees. LANSING COMMUNITY LIBRARY REPORT – CHRISTINE EISENHUT The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY July 18, 2018 1. Libraries Rock! Summer Reading Programs and Opportunities a. Storytime with Miss Katie - Thursdays July 5 - August 16 @ 10:30 - 11:15 - Songs, crafts, and general silliness! Come & Go Crafts - Tuesdays July 10 - August 14 @ 4:00 - 5:00 pm - Music-themed Crafts Come & Go Legos - Thursdays July 12 - August 16 @ 4:00 - 5:00 pm - Build a new structure & put it on display! All ages welcome at the Come & Gos!! All events are FREE! b. Activities for ages 9-12. -Make. Code. Music.- TUESDAYS July 10 - August 14, 1:00 - 2:00 PM - Create your own digital music and sounds with Google's CS First: Music & Sound curriculum! - Ukulele Camp - THURSDAYS July 12 - August 16, 1:00 - 2:00 PM - Learn to play the Ukulele and other rhythm instruments. No prior experience needed & instruments will be provided. -Movie & Pizza Night - Tuesday July 31st - 6:00 PM - 8:00 PM - Join us for a showing of "Leap!" and grab some pizza while you're watching! FREE! & open to the public. -End of Summer Reading Party Saturday August 18th, 11:00 AM - 12:00 PM - LilySilly Puppet Theater FREE! & open to the public. 2. Photography by Meghan Methany and Kaitlyn Smith will be on display in July and August. They are both 2018 graduates of LHS and will be showing photography from their senior year, covering a range of subjects, styles and techniques. 3. Ongoing programs at the library: a. Mon Jongg – Wednesdays, 1:00 – 4:00 PM b. T’ai Chi Classes – Tuesdays, 11:30-12:30 PM, Thursdays 2:30-3:30 pm 4. The library welcomes three new Trustees – Jason Cole, Maureen Cowen and Christine Eisenhut. July 18, 2018 2 5. Gardens – The library is seeking volunteers to help out with it s gardens. Contact Susie Gutenberger at manager@lansinglibrary.org for more information. Councilperson, Andra Benson, noted the summer reading program is doing fabulous and all events are free. LANSING YOUTH SERVICES – JANICE JOHNSON The following report was available as a handout. Lansing Youth Commission; Est. 1987 Supports Lansing Youth Services Youth Employment Programs July 2018 Summer is here and there is a lot planned for Lansing middle school youth. Some of the programs will be done in conjunction with other program managers from different school districts, this gives the youth a chance to meet new friends and learn about different communities. There will be 9 weeks of programming with topics to fit many different interests. Program sites include Lansing Middle School, Dewitt Middle School, Hammond Hill State Forest, and the Finger Lakes National Forest. There is a van that takes youth to the various program sites. Programs include:  Lake Life  Dungeons and Dragons  Get Lost!  Iron Chef  Funky Furniture  Summer Edition  Primitives  Backpacking  Sky’s the Limit For more info pick up the Summer Skies 2018 Program Brochure. Fishing Derby was a success!! Of the 28 years the Fishing Derby has been held, this year the fishing was at its best. There were so many fish caught it was hard to keep up with measuring and weighing the fish. Not only was there a lot of fish caught but some very large fish, varieties included perch, largemouth bass, catfish, rainbow trout, brown trout, and lots of pan fish. 31 families enjoyed the event. Every child received a prize and the fresh fish were filleted and cooked for all to enjoy. Have a great summer and feel free to stop by and check out one of the programs. 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 July 18, 2018 Hello and thank you for having me again. I want to thank Marcia Lynch our public information officer whose reports I draw from liberally. First, I want to congratulate two county employees who are taking on new responsibilities. Tompkins County Administrator Jason Molino has tapped two experienced department administrators to serve in the position of Deputy County Administrator. Office for the Aging Director Lisa Holmes and Youth Services Director Amie Hendrix will fill those roles in the Department of County Administration and County government. July 18, 2018 3 In Cayuga Power Plant news, there was a vote to strongly urge the New York State Department of Environmental Conservation to adopt more stringent guidelines when revising Greenhouse Gas Emissions standards for major power generators, ones that account for lifecycle emissions and global warming impact of methane, as established by current scientific research. The vote was 13-1; I voted no. The resolution will be submitted as the DEC proposes revisions to the air quality section of the NYS Conservation Code, setting performance standards for major electric generating facilities, which will require all power plants in New York to meet new emissions limits for carbon dioxide. The resolution states that “the Tompkins County Legislature recognizes that while conversion from other fossil fuels to natural gas may seem to provide greenhouse gas emission reduction when looking only at combustion emissions, when full life-cycle emissions of shale gas are taken into account, greenhouse gas emissions from shale gas are worse than coal. I could not support the measure, since it offers no answer to the energy problem and I see it as just another way for some members outside of Lansing to try and close the power plant. This group seems intent on closing power plants in New York, including zero carbon producing nuclear with 9 mile point and even gas plants leaving New York to outsource its power production to natural gas plants in Pennsylvania and Canada. The Legislature unanimously voted to recognize the second Monday in October as Indigenous Peoples’ Day, “encouraging the celebration of this day in a manner that promotes respect, understanding and friendship; combats prejudice and bias; works to eliminate discrimination stemming from colonization; and acknowledges our history.” This is very different from last year’s proposal which would have substituted this for Columbus Day. I think the day is big enough to celebrate both. The Legislature approved a resolution to support immigrants and refugees who live within Tompkins County, and maintaining that the separating of children from parents at the United States/Mexico Border is inhumane. The resolution was a late substitute for the one that passed in committee that I would have supported and made many new claims that were unverified and some dubious claims such as it’s not illegal to be in the United States after crossing the border illegally. I still believe that it was a bad decision to separate families and that a different treatment of family units should have been in place rather than separation. The Legislature also committed the County to adopt the Zero Suicide model, as endorsed by the Tompkins County Suicide Prevention Coalition, to reduce the number of people committing suicides, committing to sharing lessons learned with other counties to support a statewide initiative, and encouraging all health and behavioral healthcare partners to participate in the Zero Suicide Model. The County will be one of the first communities in New York State to implement Zero Suicide. Earlier in the month, the Legislature approved its standard annual resolution adopting a Local Law that permits the Legislature to override the tax levy limit for 2019 as part of adoption of the 2019 Tompkins County Budget. The vote was 12-1, with Legislator Glenn Morey voting no and Legislator Mike Sigler excused. I was out of town, but I would have voted no. I don't see why we need to do this now when we could pass it if an increase above the cap is necessary. I know there’s a good reason and defensible, but I just disagree. Mike noted, the summer camps in Lansing are great and people are coming from other towns to attend. PARKS AND RECREATION REPORT – STEVE COLT Steve reported the following: Summer Programs – Programs are doing well and numbers are up. Some of the day camps maxed out in numbers of attendees, which hasn’t happened in years. July 18, 2018 4 Concert in the Park – Concert series has a strong lineup and on track to crush any past records. We are way ahead of where we were last year. Steve thanked the Board. The Board Members commended Steve on his hard work and the diverse programs the Recreation Department offers. They also noted, Steve made the Recreation Department better than it was when he started 30 years ago. They all wished him a happy retirement. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL Cricket reported the following: Paving and Drainage Work:  Surface treated three and a half (3 ½) miles in last couple weeks  Replaced a large culvert on Davis Road  Upcoming project – Storm drainage along Hillcrest Road Weeding – Will be weeding over next couple of weeks. CWDX4 Materials Bid – Comfortable with the end result of bids and the Company that was selected. Cricket wished Steve Colt well in retirement and noted he has enjoyed working with him. Supervisor, Edward LaVigne, noted the Highway Department is working to bring the roads up to the 21st century and adding shoulders to some of the roads. He stated, he received the recommendation from TG Miller on the CWDX4 bids for materials. Supervisor, LaVigne noted, the cold storage building is coming along well and the roof is on. PLANNING CONSULTANT REPORT – MICHAEL LONG Reviewed the following with the Town Board and the report was available as a handout.  Rochester’s Cornerstone Group – Project o NYS Grants / Tax credits of $5.1m announced 5/11/2018. o Woodsedge Design of Intersection realignment – TG Miller underway. Septic design onsite June 15, 2018. o Subdivision of land from Town Land - o Request to phase the completion of the “Town Road” final surface till the end of the overall project – TB approval – July 18th meeting.  Sewer Project – Village of Cayuga Heights, Village of Lansing and Town of Lansing o Village of Lansing – preparing plans and spec. o Private developers - Tim Buhl is preparing the MPR revised 5/14/2018 – Public Hearing – May 16, 2018 o Approved by the Town Board at the June 6, 2018 meeting. o Amend the 3 party agreement – additional parcels.  $75,000 NYS SAMs Grant – application materials received $150,000 project secured from Senator Pam Helming. o Grant to pay for materials for the proposed Town land roadways WITH IN-KIND MATCH of Town Highway labor and equipment. o Application Materials have been submitted. July 18, 2018 5 o Need to submit the detailed materials budget – working with Cricket.  LED Street Lighting Project – o Attended work shop 3/12/2018 o Requested NYSEG purchase buyout agreement and current Public Service Commission (PSC) rate classes. NYSEG evaluation underway. Initial review was 40 streetlights, but we have 88 in the Lansing Billing system. Asked for follow up clarification.  “Clean Energies Community” – NYSERDA approved 5/4/2018 o Awarded $5,000 grant for energy project – Use for LED Street Light. o Attended a workshop with other community representatives – Cornell Cooperative Extension project. o Help form Terry Carroll, Lynn Day and Sue Munson. o Clean Communities NYSERDA interview – 7/5/2018.  Lansing TCAT System Review – Cornell University Engineering Project o Revised Report underway – alternate routes studied and survey results compiled and summarized. o Final Semester Presentation on 5/9/2018 – with Larry Fabbroni. o TCAT public meeting held on June 13, 2018 at Lansing Town hall. o Cornell students will continue the project into next year’s fall classes.  Lansing TCAT Proposed Bus Stop at Village Solars / Village Circle o Met with TCAT staff and exchanged information o Shelter Design concept – Cornell University prototype at Village Solars. Village Solars to assist with concrete pad. o On-site meeting scheduled for 7/23/18 at 10:30 AM with Larry Fabbroni and TCAT officials. o Discuss potential TCAT Bus Shelter location at Town Hall. 7/23/18.  Cornell University Law School – Agriculture Zoning Project o Meeting held with the farmers for additional input. o Draft report due April 13, 2018. o Attended the April 26, 2018 Cornell student presentations o Final report due after exams May 2, 2018.  Lansing Community Council – Recreation Dept. Grant o Submitted a United Way - $3,000 grant request for the Scholarship program to subsidize the current awards. o Assistance for Steve and the Rec dept.  Lansing Trails Committee – Katrina outline / timeline...  NYS Grant applications – Need authorization in June to prepare new grant application. o Attended CFA Grant workshop 5/14/2018 with Ed LaVigne. o Updated Myers Park Master Plan and cost estimates – July 18, 2018. o Grant application and SEQRA update – Town Board July 18, 2018 mtg. July 18, 2018 6 o Myers Park – Parks & DOS Waterfront Revitalization Programs due July 27, 2018.  Planning Board Project Updates – o Finger Lakes Marina – Public Hearing – June 25, 2018 Site Plan submitted 239 Review. Changes to Site Plan –add cabins? SEQRA Coordinated Action circulated 7/5/2018 – no responses yet. o NYSEG Cell Tower - Completed the SEQRA review and Exempted site plan approval under the “Monroe County Balancing Test”. o Planning Board meeting 7/23/2018 – Discussion of Hillcrest Housing request 5 tiny homes at Hillcrest at Warren Rd. – Zoned IR will require ZBA Variances under the current Lansing Land Use Ordinance. o Next PB meeting July 23, 2018. – Discuss “Recommended Zoning Parcel changes” - 5-6 parcels prior to Land Use Update. o Land Use Ordinance – Discussed at the 7/9 meeting. Established a working subcommittee. o Sub-Committee is working on the definitions (met 7/16 – next meeting 8/6) – Typical - 1st and 3rd Mondays at 3:30 PM o Wagner Family Subdivision Request and Private Driveway: Public Hearing Major Subdivision tentative 8/13/2018. Frank White and Ann Wagner applicants. Planning Board will need a recommendation to the Town Board under Town Law 280 (a) for approval of the Private Drive with shared access. Mike stated, Carol Oster from Rochester’s Cornerstone Group is here and they are looking to have their closing on October 31, 2018 for financing. ENGINEER’S REPORT – DAVE HERRICK No report. PRIVILEGE OF THE FLOOR A resident spoke about their concern of the Power Plant being converted from coal to natural gas and how will this benefit the Town with sixty (60) plus trucks going in and out of the plant every day? The resident hopes this gets voted down. A resident spoke regarding the Lansing Recreation Department and concerns of the Town forming a Department of Public Works (DPW) and what this will do to the Recreation Department and activities. The resident asked what the specific plans are for organizing Recreation activities if a DPW is established. They asked that the Town consider holding a public forum before any decisions are made regarding the shift from Parks and Recreation Department to a DPW. The resident stated, they are excited for the new Lansing Lightening track and field program. Three residents thanked Steve Colt for his dedication and service and commended his passion to helping kids and working with the parents. RESOLUTION AUTHORIZING THE ISSUANCE OF A $312,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE NUMBER 02-18 July 18, 2018 7 RESOLUTION 18-110 RESOLUTION AUTHORIZING THE ISSUANCE OF A $312,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE, NUMBER 02-18 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring, constructing, and equipping the improvements to be included in the Warren Road Sewer District Extension, including the acquisition of lands and easements and other rights therein, and the construction of improvements consisting of a gravity fed system consisting of 15,000 feet of eight-inch sewer and force mains, 1,700 feet of four-inch force mains, 50 service laterals, interconnection appurtenances, a duplex pumping station, road borings, 45 four-foot diameter manholes and five five-foot manholes consisting of pre-cast concrete installations and metal covers, force mains, lateral lines, valves, pumps, curb stops, original furnishings, equipment, machinery, apparatus, fill, services, appurtenances and incidental improvements to serve the properties within the said district extension, related site work, legal, engineering, administration, environmental and other preliminary costs and other costs incidental to the financing thereof (all herein, the “Project”), all of which Project expenses were authorized by a Final Order forming the District and funded by a Bond Resolution dated January 27, 2010, and which obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note 03-10 (in the amount of $1,700,000.00), which Bond Anticipation Note (“BAN”) was renewed by Bond Anticipation Renewal Note (“BARN”) 02-11 ($1,700,000.00), which was again renewed by BARN 02-12 ($668,199.23), which was again renewed by BARN 02-13 ($374,081.23), which was again renewed by BARN 02-14 ($364,081.23), which was again renewed by BARN 02-15 ($352,081.23), which was again renewed by BARN 02-16 ($340,081.23), which was again renewed by BARN 02-17 ($326,081.23), and which BARN 02-17 is hereby being renewed; and WHEREAS, BARN 02-17 is approaching its maturity date and such financing must be renewed or the debt thereof paid and, in compliance with the Local Finance Law, the Town Board has decided to partially pay-down the debt pursuant to Local Finance Law § 23.00 and issue a BARN for the balance thereof; and WHEREAS, the Town has contacted several lending institutions to find the lowest rates, and has determined that the Tompkins Trust Company has the best rates and terms for the proposed Bond Anticipation Renewal Note 02-18, to be issued in the amount of $312,081.23, for one year at a 2.20% interest rate (non-callable), and maturing upon August 7, 2019; and WHEREAS, this action is classified as a Type II Action under SEQRA, and as such, no environmental review is necessary or required; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, and in compliance with Local Finance Law § 38.10, and other requirements of law, the Town Board of the Town of Lansing has hereby approved such BARN 02-18 and therefore, be it Resolved as follows: Section 1. The Bond Anticipation Renewal Note (“BARN”) hereby authorized is for the payment of indebtedness relating to the purchase and acquisition of goods and services to construct the Project. Section 2. The BARN hereby authorized was authorized pursuant to a Bond Resolution dated January 27, 2010 (the “Bond Resolution”), which Bond Resolution was duly issued under and in accord with the requirements of the Local Finance Law, with such Project being subject to permissive referendum as required by law. Section 3. It is hereby determined that the cost of indebtedness relating to the Project and the objects and purposes of this Resolution is $326,081.23 in principal due upon BARN 02-17, plus interest thereupon in the amount of $6,684.67, making on total the sum of $332,765.90; and said amounts are hereby appropriated; and the plan for the July 18, 2018 8 financing thereof shall consist of the issuance of up to $312,081.23 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, together with the payment from appropriated funds of principal due in the amount of $14,000.00, plus the interest due of $6,684.67. Section 4. The Town of Lansing hereby authorizes the expenditure of up to $332,765.90 for the payment of the obligations relating to the Project, which amount shall be paid by the issuance of BARN 02-17 and the payment of $20,684.67 in principal and interest, as aforesaid. Section 5. No other Bond Anticipation Notes (“BAN”) or BARNs are issued or outstanding for the payment of the indebtedness relating to the Project (except BARN 02- 17, which is hereby being paid in full as authorized by this Resolution). Section 6. The BARN authorized by this Resolution is a renewal of BARN 02 -17, issued August 8, 2017. Section 7. The BARN authorized by this Resolution shall be dated August 7, 2018 and shall mature and be and become due and payable upon August 7, 2019. Section 8. The BARN hereby authorized is for an assessable improvement of or within the Town, namely, the Town of Lansing Warren Road Sewer District Extension. Section 9. 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 § 165.10 of the Local Finance Law for the purposes described in this Resolution. The Town shall reimburse such expenditures with the proceeds of the Bond Anticipation Renewal Note authorized by this Resolution. This Resolution shall constitute a declaration of official intent as required by United States Treasury Regulation § 1.150-2. Other than as specified in this Resolution, no money is, or is reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New York, is hereby irrevocably pledged to the payment of the principal of and interest on said Bonds and the Bond Anticipation Renewal Note hereby authorized as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest due and payable in such year. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing in the manner provided by law for general taxation thereupon. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied, or the Town shall take such other action as is permitted or required by law to assure the timely payment of such obligations. Section 11. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of Bond Anticipation Notes and renewals thereof (in anticipation of the issuance and sale of the serial bonds) is hereby delegated to the Town Supervisor, as Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law and the Bond Resolution aforesaid. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye July 18, 2018 9 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. RESOLUTION APPROVING AND ADOPTING THE 2018 MYERS PARK MASTER PLAN, AUTHORIZING GRANT APPLICATIONS TO IMPLEMENT THE PLAN AND PROJECTS AND GOALS THEREOF, AND MAKING SEQRA NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS UPON THE FOREGOING PROPOSED PLAN AND PROJECTS Town Counsel, Guy Krogh, reviewed SEAF Parts two and three. SEAF Part one – An omission was noted and “NYSDOS and NYS OPRHP” was added to Part one, box two. RESOLUTION 18-111 RESOLUTION APPROVING AND ADOPTING THE 2018 MYERS PARK MASTER PLAN, AUTHORIZING GRANT APPLICATIONS TO IMPLEMENT THE PLAN AND PROJECTS AND GOALS THEREOF, AND MAKING SEQRA NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS UPON THE FOREGOING PROPOSED PLAN AND PROJECTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, consistent with the Cayuga Lake Watershed Restoration and Protection Plan and the Cayuga Lake Waterfront Plan (approved under the NYS Local Waterfront Revitalization Plan), and to examine and help protect the Cayuga Lake watershed and its water resources, the Town has been examining needed updates to local waterfront plans and facilities, including capital improvement projects for Myers Park and Salt Point to protect Salmon Creek and prevent further erosion and sedimentation from land areas in public use, including due to the periodic flooding along the creek and its adjacent shorelines; and WHEREAS, in 2016, the Town had hired Beardsley Architects and Engineers (“Beardsley”) to assist with the preparation of such update and the Myers Park Master Plan and Capital Plan Budget (the “Park Master Plan”), which Park Master Plan was adopted and approved by the Town Board by Resolution 17-105 (July 19, 2017), which Park Master Plan has been updated pursuant to documents prepared by Beardsley dated June 25, 2018; and WHEREAS, among other things, proposed improvements consist of several potential projects for waterfront revitalization and the protection of Cayuga Lake, including upgrading the existing restroom and bathhouse septic system; upgrading campground and park-wide electric systems; installing a protective rip-rap wall along Salmon Creek; adding a bulkhead erosion protection wall along the marina inlet; and adding more trees to hold the soil and prevent water runoff, as well as to beautify the park and provide shade; and dredging the creek and marina inlet to avoid flooding and help maintain safety and vital salmon spawning access and grounds; and WHEREAS, the Town is looking to apply for funding to implement the Park Master Plan through the NYS DOS Waterfront Revitalization program ($750,000, 25% match required) and the NYS Parks EPF program ($250,000, 50% match required); and WHEREAS, in connection therewith and in consideration of the adoption and approval of such Park Master Plan, as updated, the Town has undertaken an uncoordinated SEQRA review and deems the matter an Unlisted Action, even though the plans themselves are ongoing agency administration and put in place no new comprehensive resource management plans, and even though the bulk of the projects contemplated would be Type II Actions, and even though any specific construction or improvement project would be subject to an updated and independent future SEQRA review, as the Town Board recognizes that SEQRA encourages an early look at environmental issues and thus a look at the lakefront impacts was deemed appropriate; and July 18, 2018 10 WHEREAS, the Town Board conducted a full review on the record and duly issued a negative declaration under SEQRA for the adoption of such plans and the undertaking of applications for funding to implement the same, and upon a review of such Plans and due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED and DETERMINED as follows: 1. After consideration of the potential environmental impacts and the information in the SEAF and the maps and data supporting the same and these findings, including those impacts and standards reviewed in accord with 6 NYCRR § 617.7(c), the Town Board finds that the proposed action of approving the updated Park Master Plan, including the grant funding applications to be pursued in furtherance thereof, will neither individually nor cumulatively have any moderate or significant negative environmental consequences or impacts and, accordingly, this declaration is made under NYS Environmental Conservation Law Article 8 and the SEQRA regulations promulgated thereunder, and 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 (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 actions, and determines that an Environmental Impact Statement is therefore not required. 2. 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 determination of significance shall be incorporated by reference in these Resolutions. 3. The Park Master Plan and Capital Plan Budget be and hereby are accepted and approved by the Town of Lansing. 4. The Town Supervisor and Michael Long (Planning consultant) be and hereby are authorized to submit one or more grant applications to help implement such Plans, and the Town Supervisor be and hereby is authorized to execute any necessary documents required by State of New York to submit or finalize such applications relating to proposed grant applications in the amounts aforesaid, with a required in-kind match consisting of labor, equipment, materials, and, if needed, cash, from the Town. 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 Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. RESOLUTION APPROVING APPLICATION FOR FUNDING FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION UNDER THE TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993, FOR THE PURPOSE OF FUNDING THE DEVELOPMENT OF THE TOWN OF LANSING PARKS MASTER PLAN FOR MYERS PARK AND SALT POINT PARK July 18, 2018 11 RESOLUTION 18-112 RESOLUTION APPROVING APPLICATION FOR FUNDING FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION UNDER THE TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993, FOR THE PURPOSE OF FUNDING THE DEVELOPMENT OF THE TOWN OF LANSING PARKS MASTER PLAN FOR MYERS PARK AND SALT POINT PARK The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has adopted its Parks Master Plan in furtherance of Waterfront Revitalization Plans and Cayuga Lake Watershed protection plans, and in furtherance thereof and upon deliberation by the Town Board, it was duly and further RESOLVED, that the Town of Lansing has applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under the Title 9 of the Environmental Protection Act of 1993, for the purpose of funding and implementing the Town of Lansing Parks Master Plan and improvements for Myers Park and Salt Point Park; and it is further RESOLVED, that the Town of Lansing is authorized and directed to accept these grant funds in an amount not to exceed $250,000 for the project described in the grant application; and it is further RESOLVED, that the Town of Lansing is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such development of the Parks Master Plan for Myers and Salt Point Parks; and it is further RESOLVED, that the Town of Lansing is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and it is further RESOLVED, that the governing body of the municipality delegates signing authority to execute the Master Contract and any required deed of easement to the individuals who hold the following elected or appointed municipal office and employment posit ion title: Town Supervisor and Town Planner (or Town Planning Consultant). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. RESOLUTION APPROVING MILTON MEADOWS ROADWAY DEVELOPMENT AGREEMENTS AND PLANS, INCLUDING PURSUANT TO TOWN LAW 280-a Carol Oster, from Rochester’s Cornerstone Group stated, construction will begin once purchase goes through for the project. She noted, they plan to get building permits November 1, 2018 for nine (9) apartment buildings and one (1) community building. Carol Oster added, the construction is intended to be complete by next September. She noted, they are asking that the Certificate of Occupancy be issued building by building starting next June, at which time a portion or all of the entrance road will be dedicated to the Town. Carol Oster stated, they hope to be fully occupied by next September. She noted, a letter of credit will be issued in favor of the Town. July 18, 2018 12 Phillip Borrelli, Attorney for Rochester’s Cornerstone Group stated, the license agreement is to allow the owner to access Town land to build the roadway that will later be dedicated to the Town. RESOLUTION 18-113 RESOLUTION APPROVING MILTON MEADOWS ROADWAY DEVELOPMENT AGREEMENTS AND PLANS, INCLUDING PURSUANT TO TOWN LAW 280-a The following Resolution was duly presented for consideration by the Town Board: WHEREAS, site plan approval was conditionally and duly issued by the Town of Lansing Planning Board, and certain findings among the listed conditions pertained to the roadway and future public highway intended to serve the Milton Meadows Apartments (the “Project”) and the Town Center generally, including granting to the developer(s) the right to obtain building permits under the security and guarantee rules of Town Law 280- a; and WHEREAS, the developer has submitted roadway design plans, roadway development schedules, and roadway cost estimates, together with a security plan to ensure roadway construction pursuant to a standby letter of credit (“LOC”) and a pro-forma version of the LOC anticipated to be issued in the future by a particular underwriting bank, which version has been reviewed as to terms and amount, and which general terms and amount are hereby approved; and WHEREAS, the contract of sale and grant requirements for the Project, as well as the Town’s Subdivision Local Law and Town Law, require that the security proposed to be posted be approved by the Town Board so as to allow the issuance of building permits; and WHEREAS, an existing Planning Board approval approved the subdivision of the Project Phase I lot, as shown on the final subdivision plat map as submitted to the Town, and the Town now needs to subdivide the roadway parcel for the construction and future dedication of such road, and such road is and has been approved in such location not only pursuant to such prior reviews, but as part of the approved Town Center Master Plan and as part of the recently updated and approved Town of Lansing Comprehensive Plan; and WHEREAS, the terms and conditions allowing and permitting access to and use of Town land upon which the public highway will be constructed, including needed utility easements (which will be granted by the Town upon request of developer at locations to be reasonably approved by the Town Highway Superintendent) by the developer have been created, negotiated, and submitted to this meeting as a term sheet to be incorporated into the deed of conveyance at closing, and such terms have been developed and approved by the Town Attorney, the Town Planner, among other in and from the Town, as well as by developer, developer’s lenders, investors, and NYS grant/housing agencies, and such terms provide and secure access for construction purposes for the construction and dedication of the said roadway and future public highway and are temporary and terminate automatically upon dedication or by a set date (and may be terminated earlier by an uncured default, such as a violation of site planning conditions, a failure to adhere to Town Highway specifications, etc.); and WHEREAS, the subdivision of town-owned land for governmental purposes has been determined by the Town to be exempt and immune from subdivision revi ew, including because the setting aside of land and town-owned land for highway purposes is a governmental function not subject to review and approval, and further because, under the applicable balancing test per judicial standards enunciated by the County of Monroe case (and its progeny): (i) there is evidence of legislative intent to make this subdivision immune from formal review as it is a one-lot subdivision, for a roadway (which may be so opened under the NYS Highway Law), and as the roadway location and design were part of the approved site plan and subdivision reviews already undertaken by the Planning Board; (ii) the nature of the applicant is an actual governmental agency, being July 18, 2018 13 also the owner and the body responsible for subdivision review in the first instance; (iii) the type of land use involved is a highway, and therefore a governmental and not a proprietary use; (iv) the public interest is directly and wholly served by ensuring that adequate public highways service residential areas; (v) the le gislative grant of authority runs from the State to the Town in respect of the delegation of the power of subdivision review under Town Law Article 16, and thus the Town Board is the proper agency to issue this exemption; (vi) there are not better alternative locations for this roadway, as determined by the Planning and Town Boards and NYSDOT, and there is no better or more feasible method of ensuring such needed public infrastructure is timely constructed as the lowest cost and highest quality; and (vii) t his matter has already been subjected to review and approval, several permits and ongoing reviews and inspections will be required, and the agency issuing the exemption (the Town) has substantial and requisite experience with highways and planning controls as to address needed facility upgrades and site impacts; and WHEREAS, as each of the several factors weigh in favor of the granting of immunity or an exemption from formal subdivision review for the creation of the roadway lot, the same is directed to be approved and the map showing such parcel to be duly sealed by the Chair of the Planning Board as to the Project parcel and such Chair or the CEO as to the roadway parcel, as set forth below; and WHEREAS, this roadway and its construction, as well as bui lding permits were the subject of Type I coordinated SEQRA review and negative declaration, and nothing herein changes the project or its approvals such that no supplemental review is required and the said negative declaration is continued; and WHEREAS, upon deliberation upon the foregoing, the Town Board of the Town of Lansing has duly RESOLVED as follows: 1. Subject to review and approval of the final form of the LOC by Town Counsel and approval thereof by the Town Supervisor, the § 280-a request of the applicant be and hereby is approved, and the Town CEO is directed and authorized to issue building permits after receipt of such approvals and the filing of the original LOC with the Town Clerk, as well as upon demonstration that the standards and codes applicable to the issuance of building permits have been met. 2. Certificates of Occupancy (“CO”) may be issued once: (i) the standards required to be met are demonstrably met, including compliance with building permits, building codes, and planning board approval conditions; (ii) there is a final, completed, and dedicated section of roadway servicing the units covered by the CO, as confirmed to the CEO by the Highway Superintendent. 3. The subdivision plat submitted by the developer shall be sealed and filed in respect of the following: (i) upon demonstration of compliance with the existing Planning Board subdivision approval for the Project, demarked as the Phase I Lot thereupon; and (ii) the approval of the roadway lot as there upon delineated pursuant to the findings above relative to the exemption and immunity granted for this parcel under the County of Monroe standard as, among other reasons, subdivision of one lot by the town of town- owned property for a roadway and future highway are governmental purposes. 4. The terms of a license to enter town land and the construction schedule submitted by developer’s general contractor and engineers, subject to inspection and approval during construction by the Town Highway Superintendent, pursuant to the terms reviewed by Town Counsel and as approved by the subdivision and site plan review of the Town Planning Board, as well as the Town Board herein, all as securitized by the above-referenced letter of credit, be and each is hereby approved, and such license and rights of way over Town land to build such public highway shall be incorporated into the deed of conveyance to the developer at closing, which terms and deed may be executed by the Town Supervisor by, for, on behalf of, and in the name of the Town of Lansing. 5. In the event that temporary access for construction, staging, or testing is desired by the developer and approved by the Town Highway Superintendent, the terms of access July 18, 2018 14 as are proposed and herein approved for such deed of conveyance may form the basis of a temporary license to enter and use town land for such limited periods of time and purposes as are related to the construction of such roadway and future public highway, and a license agreement upon such terms be and hereby is so authorized, again in such final form and upon terms as are approved by Town Counsel and the Town Supervisor, and upon the approval of such Highway Superintendent, Town Counsel and Town Supervisor, and consistent with the terms as approved herein, the Town Supervisor may sign such temporary access and license 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 Andra Benson, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT WITH LANSING COMMUNITY LIBRARY IN SUPPORT OF YOUTH PROGRAMMING AND SUMMER READING PROGRAM RESOLUTION 18-114 RESOLUTION APPROVING INTERMUNICIPAL AGREEMENT WITH LANSING COMMUNITY LIBRARY IN SUPPORT OF YOUTH PROGRAMMING AND SUMMER READING PROGRAM The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Lansing Community Library is a NYS governmental agency providing needed public services within the Town, including a summer reading program designed to benefit local youth and the community generally; and WHEREAS, the program has been so successful and has grown to such an extent that the needs of the program exceed the capacity of the Library, fiscally and otherwise, as the program has quintupled in participation in its first 9 years of operation, and the Town desires to support and encourage the continuation of this important public program; and WHEREAS, while youth oriented, the program is community-wide and encompasses reading, writing, computer literacy, technology, science and math skills, nutrition and wellness, as well as visual and performing arts, all at no cost to residents; and WHEREAS, while these are no-cost community wide programs, the emphasis is upon the needy and rural families that do not have the same access to these resources as more urban or suburban areas in the Town; and WHEREAS, support for the needy for these public purposes is allowed and encouraged by law, including through authorizations under NYS youth programming statutes, rules permitting direct support for public programs, and encouraging intermunicipal cooperation to coordinate services (this program relieves some demand from existing Town Parks and Recreation Summer programming, and the Parks Department, Library and local schools coordinate often on program offerings), such that, upon due deliberation hereupon the Town Board of the Town of Lansing has hereby RESOLVED, that the Town shall help such programs by providing activity space and the use of Town buildings as needed, with the Parks Department designated to continue to help coordinate facility uses appropriate for each program; and it is further July 18, 2018 15 RESOLVED, that the Town hereby appropriates $3,000 for such program for FY 2018, and makes a like commitment for FY 2019 upon the signing of the intermunicipal agreement (the “IMA”) submitted to this meeting, which agreement only seeks to ensure that such programs are available to all town residents; and it is further RESOLVED, that the above-noted IMA be and hereby is approved, and the Town Supervisor may sign the same 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 Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. RESOLUTION AND FINAL ORDER APPROVING TOWN OF LANSING SEWER DISTRICT #1 Supervisor, Edward LaVigne, stated the Town is working concurrently with the Village of Lansing and the Village of Cayuga Heights, especially the Village of Lansing to work on their projects. He noted, the Town, Jack Young, Mr. Weinstein, and the Village of Lansing are setting up a meeting in August to see where time tables are. RESOLUTION 18-115 RESOLUTION AND FINAL ORDER APPROVING TOWN OF LANSING SEWER DISTRICT #1 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, 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 (some such benefitted property owners being sometimes referred to severally as “Developers”), 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 Town of Lansing Sewer District #1 (the “District”); and WHEREAS, a map, plan and report (“MPR”) was finalized, reviewed and approved, and a Public Interest Order (the “Order”) and SEQRA FEAF duly issued and a public hearing duly held thereupon as required by law upon May 16, 2018 upon the question of adoption of said Order and the environmental impact review thereof, and said MPR and the Public Interest Order were duly reviewed and considered and all proceedings to date have been and been found to be in compliance with Article 12-A (including §§ 209-c and 209-d therein), including but not limited to a description of the boundaries of District, the improvements proposed, the maximum amount proposed to be expended for such improvements, the proposed method of financing to be employed, the fact that a MPR describing the same were and remain on file in the Town Clerk’s Office for public inspection, and further duly specifying the date, time, and location of a public hearing, which public hearing was duly held as aforesaid, and which resulted in the issuance of a Negative Declaration of environmental significance under and pursuant to SEQRA, together with a conditional order approving the District, duly made subject to permissive referendum; and WHEREAS, the Town did thereafter duly publish and post a notice of permissive referendum, no petition or request for a referendum was received, a verification and July 18, 2018 16 certification thereof was duly prepared and filed, and an application to the State Comptroller for permission to form the District was not required by law; and WHEREAS, no additional SEQRA review is necessary or required due to the passage of time, as (i) no significant changes in the property or project have occurred, and (ii) the Town finds that conducting SEQRA review as soon as is possible in relation to any project is consistent with the goals and requirements of SEQRA; and WHEREAS, upon due deliberation upon the forgoing, the Town Board of the Town of Lansing does duly resolve, determine, declare, and order as follows: 1. The establishment of the District be and is hereby approved, and the District shall be designated and known as Town of Lansing Sewer District #1, situate within the Town of Lansing, Tompkins County, and wholly situate outside of any incorporated village or city, and bounded and described as follows: 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 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 July 18, 2018 17 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 acres in size, to which reference is hereby made and which map is expressly herein incorporated; 2. The District and sewer improvements and mains shall be constructed as set forth in the said Order calling a public hearing, at an estimated cost of $124,775, which District improvements are being fully constructed to Town, 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, which costs (and easement and construction costs for private service laterals) are being wholly paid at the cost of the Developers, such that 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 District. 3. The District’s construction and future capital improvement and maintenance costs, as well as future operation and maintenance and user expenses, including treatment and transportation costs, shall be paid by user fees adopted in accord with law or by the assessment, levy and collection of special assessments upon the several lots and parcels of land within the District, which the Town Board determines and specifies are especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay such capital costs, any related debt or improvement costs associated therewith or incurred in the future for the District as may be authorized or established by future proceedings in accord with law, or for the operation and maintenance costs of such District. 4. In accord with Town Law §§ 209-f and 209-g, and within 10 days of the adoption of this Final Order, the Town Clerk shall: (i) if not already filed, file with the Tompkins County Clerk a certificate certifying that no referendum was requested or required in relation to the conditional order approving the Public Interest Order for this Project; (ii) file with the Tompkins County Clerk a certified copy of this Resolution; and (iii) file a certified copy of this Resolution in duplicate with the NYS Department of Audit and Control, Albany, New York. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018, as further signified by the signatures of the Town Board below. July 18, 2018 18 ______________________________________ Councilperson Andra Benson ________________________________________ Councilperson Doug Dake ________________________________________ Councilperson Joseph Wetmore ________________________________________ Supervisor Edward LaVigne Being all Members of the Town Board of the Town of Lansing, Tompkins County, New York. RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD TO MARTISCO CORPORATION FOR CWD EXTENSION #4 MATERIALS AND PARTS SUPPLY CONTRACT RESOLUTION 18-116 RESOLUTION AUTHORIZING ACCEPTANCE OF BID AND ISSUANCE OF NOTICE OF AWARD TO MARTISCO CORPORATION FOR CWD EXTENSION #4 MATERIALS AND PARTS SUPPLY CONTRACT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, after the adoption of a Final Order authorizing the constructing and financing of the Consolidated Water District Extension #4 Construction and Improvement Project (the “Project”), the Town Board duly caused specifications for materials and parts supplies needed for the construction and installation of such improvements to be duly prepared, and issued public bid notices pursuant to the requirements of General Municipal Law § 103; and WHEREAS, the bid specifications for the Project 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 bidding requirements imposed by the bid and by law; and WHEREAS, as a result of such examinations, and upon input from the Town Engineer and Town Attorney, the lowest compliant responsible bid was submitted by Martisco Corporation, in the amount of $172,278.90, which is within the project budgets as issued in and approved by the public interest order, the approval of the State Comptroller, and the Final Order establishing the district as filed in respect of the Project; 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, including but not limited to General Municipal law §§ 101 and 103 and the Town’s Procurement Policy, the Town Board of the Town of Lansing has hereby RESOLVED as follows: 1. The Project bid be and hereby is awarded to Martisco Corporation, of Syracuse, New York, pursuant and subject to the Project specifications, in the amount of $172,278.90 (plus or minus any change orders or adjustments allowed or permitted by law). 2. The Town Engineer be and hereby is authorized to issue a Notice of Award, which shall constitute acceptance of the bid by the Town and the said CWD Extension #4, subject to proper and timely execution of the Project supply contract and other required contract documents. July 18, 2018 19 3. The Town Supervisor be and hereby is authorized to negotiate and draft a contract with said Martisco Corporation, and that once approved by Town Counsel, the Town Supervisor be and hereby is further authorized to sign and deliver such contract by, for, on behalf of, and in the name of the Town of Lansing, all along and together with such other and further documents and agreements as are or may be necessary or convenient to cause such contract and bid award to be fully authorized and materials and supplies to be timely delivered furtherance of the Project. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 18, 2018. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 18-117 The Supervisor submitted his monthly report for the month of June 2018, to all Board Members and to the Town Clerk. The Supervisor’s Report was reviewed by Councilperson Katrina Binkewicz. The bills were reviewed by Councilperson Joseph Wetmore 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 # 007 DATED _7/18/2018__ AUDITED VOUCHER #’s 515 - 615 PREPAY VOUCHER #’s 515 - 516 AUDITED T & A VOUCHER #’s 49 – 56 PREPAY T & A VOUCHER #’s 49 – 52 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 69,466.60 HIGHWAY FUND (DA&DB) $ 225,397.49 LANSING LIGHTING (SL1, 2 &3) $ 1,451.47 LANSING WATER DISTRICTS (SW) $ 8,823.02 TRUST & AGENCY (TA) $ 44,173.44 WARREN ROAD SEWER DISTRICTS (SS1-) $ 432.09 CHERRY ROAD SEWER DISTRICTS (SS3-) $ 0.00 July 18, 2018 20 DRAKE RD – CWD#4 (HA) $ 11,873.28 Supervisor Edward LaVigne seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on July 18, 2018. BOARD MEMBER REPORTS Edward LaVigne TCAT – Ed noted, a walkthrough with TCAT was done and the intent is to have a crosswalk from Milton Meadows over to Woodsedge Drive and to have a blacktop walkway from Woodsedge Drive to where the TCAT shelter will be located. Joseph Wetmore TCAT – Joe stated, he is meeting with TCAT on Monday to see where the TCAT bus stop will be located at Village Solars and where a good location is for the bus shelter near the Town Hall. Power Plant – Joe noted, he is concerned about the number of trucks going to the Power Plant and how it will affect the quality of life for the residents on that truck route. Parks and Recreation Department – Joe stated, there is no specific plan of setting up a DPW, only a discussion at this point. He noted, recreation is very important in our community. BUDGET MODIFICATIONS GENERAL FUND A 7/18/2018 Board Meeting FROM TO FOR AMOUNT A1990.400 A1010.400 From Contingency to Town Board Contractual $ 1,500.00 Additional cost A1990.400 A1380.400 From Contingency to Fiscal Agent Fees-Bond Counsel $ 850.00 Previous yr invoice rec'd 7/18 A1990.400 A1440.403 From Contingency to Engineering Transporation $ 2,000.00 Additional cost A1990.400 A1910.400 From Contingency to Unallocated Insurance $ 400.00 Additional coverage for New Equip & Dugouts A599 A7110.406 From Fund Balance to Salt Point Contractual $ 4,450.00 Limedust on Trails A1990.400 A7110.407 From Contingency to Park Improvements $ 705.00 Final invoice from Beardsley HIGHWAY FUND DA 7/18/2018 Board Meeting DA5130.400 DA5130.200 From Fund Balance to Highway Equipment $ 6,280.00 Radios & Balance of John Deere Tractor WATER DISTRICT SW 7/18/2018 Board Meeting SW1990.400 A1910.400 From Contingency to Unallocated Insurance $ 200.00 Additional coverage for New Equip July 18, 2018 21 Andra Benson Library – Andra stated, updates are covered in the Library report. Lansing Youth Services – Andra noted, updates are covered in the Lansing Youth Services report. Power Plant – Andra reported, she is also concerned about the Power Plant. She asked, why not close the coal fire plant and get on with wind and solar energy? Parks and Recreation Department – Andra noted, a DPW was just a thought and may or may not be a possibility. Doug Dake Planning Board - Doug noted, this was covered in Mike Long’s report. Parks and Recreation Department – Doug stated, the Town will not lose the Recreation Department. Edward LaVigne Power Plant – Ed stated, the Power Plant had plans to convert the plant to an eighteen (18) megawatt solar farm and it’s not being done yet, why not? He noted, if converted to solar there would be an increased assessed value in the Pilot Program, which would be about one (1) million per megawatt. Parks and Recreation Department – Ed stated, the Parks and Recreation Department is not going anywhere and the concept of a DPW has been going on for more than two (2) years. He noted, whomever comes in and takes over Steve Colt’s position would need to provide a vision for the next fifteen to twenty (15-20) years and how would they enhance and evolve the Recreation Department. Ed stated, the Recreation Department is working on on-line registration for recreation programs, which will take a tremendous load off that department. TOWN COUNSEL REPORT Guy Krogh Guy did not have anything to report. ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:18 p.m. Minutes taken and executed by the Deputy Town Clerk. Respectfully submitted, Laura Nemecek Deputy Town Clerk