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HomeMy WebLinkAbout2012-12-19 (2)363 REGULAR TOWN BOARD MEETING December 19, 2012 Time: 6:00 PM Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Pledge of Allegiance 3. Roll Call 4. Tompkins County Representative — Pat Pryor 5. Privilege of the Floor: Please go to the podium and state your name and address. 6. Planning and Engineering Department Report 7. Parks and Recreation Department Report 8. Change in Healthcare Provider under Union Contract 9. Authorization to have Supervisor sign the NRP Properties LLC Purchase Agreement 10. Authorize and Approve the Town Center Requests for Proposals. 11. Request an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing 12. Schedule Public Hearing for the Proposed Increase and Improvement of the Facilities of the Consolidated Water District and Consolidated Water Districts #1 and #2. 13. Approve Audit and Budget Modifications 14. Board Member Reports 15. Town Counsel Report 16. Executive Session if Needed 17. Adjourn Meeting * ** If you presented something to the Board tonight that you asked to be a part of the minutes, please email it to the Clerk by 10:00 a.m. tomorrow at townclrk @twcny.rr.com REGULAR TOWN BOARD MEETING December 19, 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 6:00 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Kathy Miller, Supervisor Robert Cree, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: Katrina Binkewicz, Councilperson ALSO PRESENT: Guy Krogh, Town Attorney, Steve Colt, Park Superintendent and Recreation Director, Jeff Overstrom, Engineering and Planning Coordinator, Dan Veaner, Lansing Star, Pat Pryor, Tompkins County Representative, John O'Neil, Village of Lansing, Dave and Joyce Heck, Ted Laux, Woo Jin Richardson, Chuck Crandall and a few other attendees. TOMPKINS COUNTY REPRESENTATIVE — PAT PRYOR. To: Lansing Town Board From: Pat Pryor, County Legislature, District 6 Date: December 19, 2012 Re: December Report 1. December 12: The Legislature heard a presentation from the TC Office for the Aging (COFA) on the results of the 2012 "Needs Assessment of Persons Age 60 + ". A similar study was done in 2004, allowing results to be compared and trends examined. Factors surveyed included demographics, employment, housing, transportation, isolation, activities and volunteering, technology and information sources, health, food and nutrition, caregiving, awareness of services, and health coverage and prescriptions. One result of note is that it is clear that the first wave of "baby boomers" has entered this age group, as reflected by the 34% increase in the county's population of over 60 and an 89% increase in "younger seniors" aged 60 -64. Other results of interest: the highest ever percentage of seniors employed (29 %); a high rate of home ownership (88.3 %) with about a third indicating they need major home repairs ($500 or more); 88% continue to drive themselves; 88% have a computer and Internet access in the home; and 80% having both a land line and a cell phone. About 3.5% of seniors appear to be too isolated, but this figure, although troubling, has dropped from 5.9% in 2004. 42% reported volunteering at least an hour or more per week. A comparison of health conditions shows that rates of incidence either stayed the same or decreased in all categories. One of the highest perceived concerns for seniors is the risk of falling with 23% reporting that they had either recently fallen or were afraid of falling. Approximately 4.7% of respondents are at risk of hunger on a daily basis and 10.8% do not eat at least two balanced meals every day. All respondents reported having some sort of health insurance coverage, with 8.3% being covered by Medicaid. 81.9% take prescription medication(s) daily, but 10.4% do not have prescription coverage. 3.7% either do not fill prescriptions at times or stretch out their medications to make them last longer because of cost. 1 365 366 An important need that will require continued attention as the wave of baby boomers continues to enter the senior category is the provision of alternative transportation options as seniors begin to give up driving. Another is the provision of adequate housing options, including options for remaining in their own homes as most seniors would prefer. Every category studied indicates that as a community we will need to continue to actively pursue solutions that will enable our senior population to age with dignity. 2. December 18: The Legislature has been actively pursuing solutions to the structural deficits currently being experienced by several of the County's major agencies, primarily the result of the economic downturn in 2009. A proposed resolution addressing the TCAD deficit that will include both an increase in the County's room tax along with added support from the County budget will likely be presented to the Legislature early in January. The resolution came out of the work of a special Task Force that included representatives from the tourism industry, the County Legislature and the Chamber of Commerce. If approved by the Legislature the proposal will be submitted to the state for its approval. Another resolution addressing the TCAT deficit will include a .25% increase in the mortgage recording tax, the increase to be dedicated to mass transportation. The County has the authority to levy the increase, but must seek state approval of its dedication to mass transportation purposes. If approved, the increase will put Tompkins County on a par with 43 other counties in NY State. Further discussion will need to continue into 2013 as we seek to address the deficit at the County Library. Another agency that is experiencing financial difficulties is the Soil and Water Conservation District, but it is unclear at this point whether or not an internal review and various adjustments may be able to resolve the funding issue. Councilperson Edward LaVigne asked Ms. Pryor to clarify senior living and asked her to include in her next report the senior percentage compared to the total population. He thanked her for her reports as they are informative and thorough. Supervisor Kathy Miller asked Ms. Pryor if she could provide a chart showing the mortgage tax increase. PRIVILEGE OF THE FLOOR: No one wished to address the Town Board. PLANNING and ENGINEERING DEPARTMENT REPORT: Engineering & PlanninjZ Coordinator Planning Department Town Board Meeting 12/19/2012 Trainin I attended two days of Code Enforcement training. The topic for the first session was Change of Occupancy in existing buildings. This was an interesting topic because the example was converting a section of a senior housing apartment facility to a full care nursing facility. The second session was applying the residential code to existing buildings. This was geared toward additions to existing residential structures. Town Marina Reconstruction I delivered the permit application and materials to Cortland DEC office and mailed information to Buffalo office of the Army Corps of Engineers. Emergency Generator Connection OA 367 Received a quote for the installation of the necessary generator connection equipment for the Farrell Road station and also for the connection of the generator to the station equipment. The station in Woodland Park project will be compatible as well. Waiting on contractor to receive the parts and scheduling of work. Sewer Permit Administration Transferred sewer permit administration to the Highway Department. The following projects were reviewed and approved; 1. Davis to Reiger subdivision, Lake Forrest Drive Upcoming Events / Projects Presentation to the Planning Board by Cargill for the proposed new access shaft. Continued review of the Lucente / Village Circle project and utility improvements. Monthly Report: Mr. Overstrom submitted his monthly activity report for the month of November to all Board Members and the Town Clerk. PARK and RECREATION DEPARTMENT REPORT: Parks & Recreation Department Town Board Meeting 12/19/12 RECREATION • We are currently working with the school to setup building request documents for our winter programs. Wrestling and Travel Basketball will be starting in early January. We also schedule the practice areas for the Varsity Cheerleaders. • Transportation dates are being confirmed with the school for our bussing needs for Skating, Gymnastics and the Ski Program. • Continued planning for this coming spring and summer. As I mentioned in last month's meeting, the school will be very limited this summer due to upgrades and construction projects. PARKS • Our phones will start ringing soon: January 71h for Pavilion rentals and January 14 for Camping reservations. We will have our "Take -A- Number" dispenser up for camping reservations on the 141h. • Planning stages for several small to medium projects for the parks that include a small piece of marina wall on the south side of the small marina, paver curbing, Salt Point plantings, Osprey nesting platform to name a few... Mr. Colt was notified by the DEC that they will be receiving an allotment of free trees and shrubs. He plans on planting them in the dog park area to start a nursery. SEWER PROJECT GRANT: Through a text message from Town Engineer, Dave Herrick, Attorney Guy Krogh announced that the Town Sewer Project has received a grant from the state in the amount of $2.537 million. 3 ME* CHANGE IN HEALTHCARE PROVIDER UNDER UNION CONTRACT: RESOLUTION 12-234 RESOLUTION TO AUTHORIZE THE EXECUTION OF AMENDMENTS TO TEAMSTERS' COLLECTIVE BARGAINING AGREEMENT TO REFLECT AGREED -UPON CHANGES IN HEALTHCARE BENEFIT PROGRAMS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has joined the municipal consortium for the provision of health insurance benefits; and WHEREAS, the Town has one union group, said group being located at the Highway Department and being part of the Teamsters Union (the "Union "), and a change in healthcare benefits, including insurance providers, is a subject of mandatory and/or impact bargaining; and WHEREAS, the Union has supported and approved the change and the Town and the Union have agreed upon the language reflecting such changes in the collective bargaining agreement; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the Supervisor, and /or Deputy Supervisor, be and each is hereby individually and severally authorized to sign such revised collective bargaining 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 Robert Cree, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Robert Cree Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. RESOLUTION MAKING NEGATIVE DEC OF EP ON PROPOSED PURCHASE AGREEMENT FOR NRP PROPERTIES, LLC: )WNED I I1 Y Supervisor Kathy Miller reviewed the Short Environmental Assessment Form as follows: Town of Lansing SEAF NRP Land Sale — Town Center Area: Proposed New Action project is a sale by the Town of Lansing to a private developer of approximately 15.5 acres pursuant to a written purchase agreement for the development of an affordable and senior housing facility, with approximately 3 acres to be dedicated - back to the Town for open space and parkland -type purposes. The proposed action will comply with the existing zoning or other existing land use restrictions. The present land use in the vicinity of the project is residential, commercial, agriculture, park/forest/open space and other. The area is within a business district and is undeveloped land. Current nearby uses include: commercial /governmental uses such as a library, town hall, community center, NYSOFCS residential centers; senior housing, 4 restaurants, bars, grocery store, gas station /mini -mart; residential uses; and the land has also principally been under use agriculturally pursuant to a written lease. Open space uses include trails and nearby ball fields. Action does not involve a permit approval, or funding, now or ultimately from any other governmental agency (Federal, State or Local). No aspect of the action has a currently valid permit or approval. Subdivision of land from larger parcel by the Town Board, as applicant, before the Planning Board, as the subdivision review authority for the Town, will be required prior to final sale. As a result of the proposed action there will be no existing permit/approval that will require modification. The action does not exceed any type 1 threshold in 6 NYCRR, Part 617.4. The action will not receive coordinated review as provided for unlisted action in 6 NYCRR, Part 617.6. A negative declaration may be superseded by another involved agency. Could Action result in any adverse effects associated with the following: C 1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems: None, this "action" is for the sale of land only; while impacts may occur upon future development, they would be subject to separate environmental review and a sale does not implicate any action not already permitted in zoning. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? None, such housing and mixed -uses are permitted by the existing B1 zone and is consistent with the Comprehensive Plan. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None, while there are some nearby wetlands, the same are not impacted and will be subject to future review if development occurs. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Growth is not likely from the sale alone. The likelihood and scope of any potential future project are unknown, speculative, and contingent. Thus, this review addresses the sale of land only. C6. Long term, short term, cumulative, or other effects not identified in C1 -05? None C7. Other impacts (including changes in use of either quantity or type of energy? None The project will not have an impact on the environmental characteristics that caused the establishment of a critical environmental area. There will not be or not likely to be controversy related to potential adverse environmental impacts. 5 369 370 Therefore the following resolution was offered: RESOLUTION 12-235 RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FROM PROPOSED PURCHASE AGREEMENT FOR TOWN -OWNED LAND BY NRP PROPERTIES, LLC The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has been negotiating with NRP Properties, LLC, ( "NRP ") relative to purchase of approximately 15 acres in the Town Center, with the understanding that an affordable and senior housing facility would be thereupon constructed and 3 acres would be dedicated back to the Town for open space or parkland type purposes; and WHEREAS, the sale of land is subject to SEQRA review and, for this purpose, the Town has reviewed the SERF concerning this action, and updated the same after discussion to add additional information thereto, and after a reading and discussion of such SEAF, the Town Board classified this action as an Unlisted Action reviewed under uncoordinated review, and determined that the action of the sale of land will not produce any significant environmental impacts; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency for uncoordinated review of this action, which is hereby classified as an Unlisted Action; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2, The Town Supervisor of the Town of Lansing. 3. Any person requesting a copy. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree Aye 6 Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. AUTHORIZATION TO HAVE SUPERVISOR SIGN THE NRP PROPERTIES 'LLC PURCHASE AGREEMENT: eft Councilperson Ruth Hopkins and the Town Board thanked Attorney Guy Krogh for his guidance through this process. Attorney Guy Krogh stated that tonight the Town Board is only sponsoring the sale of the land, and not the subdivision that may have to occur if all of the contingencies are met and the sale is actually closed. Attorney Krogh stated that the Town Board needs to do a Short Environmental Assessment Form as an unlisted action for selling land. If the project were to go forward in one to two years then it is subject to a type one environmental review. Councilperson Ruth Hopkins stated that the Town and the Planning Board will follow Article VII: 701.4 — Section - Standards for Site Plan Review. Councilperson Ruth Hopkins asked Guy Krogh to explain to the Board how the Town's current ordinances and processes will allow the Town to guide the overall plan as it follows the Towns processes for site plan or PDA review through the Planning Board and Town Board and the Town's ability to guide the inclusion of pedestrian walkways or the Railroad trail as deemed desirable by the Town. Mr. Krogh stated that the Planning Board and Town Board, has the ability to look at the overall design and concept of the plan and recommend its modification or subject it to conditions to further the goals and public needs relating to transportation, trails, open spaces and recreation. The requests can be augmented by other master plans, one being the Town Center Plan along with the Comprehensive Plan. These will all be a part of the review process. Councilperson Robert Cree stated that the agreement should refrain from specificity about site plan features as suggested by legal counsel. Councilperson Ruth Hopkins agreed and added that removing a diagram of sample layouts for the development would further accomplish this objective. Attorney Krogh indicated it would be good to make this change. Attorney Guy Krogh added that the NRP agreement as written includes several clauses that require the developer to follow the Town's site plan or PDA processes, including ample review by the Planning and Town Boards. RESOLUTION 12 -236 RESOLUTION TO AUTHORIZE THE EXECUTION OF PURCHASE AGREEMENT FOR TOWN -OWNED LAND BY NRP PROPERTIES, LLC The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has been negotiating with NRP Properties, LLC, ( "NRP ") relative to purchase of approximately 15 acres in the Town Center, with the understanding that an affordable and senior housing facility would be thereupon constructed and 3 acres would be dedicated back to the Town for open space or parkland type purposes; and WHEREAS, funding for affordable housing projects has strict filing deadlines and NRP must submit the proposed project for approval by mid - January 2013; and WHEREAS, the project was previously determined to be consistent with the Town's Comprehensive Plan, allowed under existing zoning, and consistent with the general 3 town center goals and the County's nodal development plan, all while providing needed affordable housing in Lansing and in the county; and WHEREAS, the sale of land is subject to SEQRA review and, for this purpose, the Town has classified this action as an Unlisted Action and, after a review thereof, has determined that the action of the sale of land will not produce any significant environmental impacts and has duly issued a negative declaration; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the current form of the purchase agreement (as reviewed at this meeting) is hereby approved and that the Supervisor, and /or Deputy Supervisor, be and each is hereby individually and severally authorized to sign such agreement by, for, on behalf of, and in the name of the Town of Lansing; and further, that each such officer be and hereby is further authorized to negotiate any final terms or changes as such officer then deems in the best interests of the Town; and it is further RESOLVED, that this resolution and such agreement be and hereby are subject to permissive referendum per Town Law § 64. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. AUTHORIZE AND APPROVE THE TOWN CENTER REQUESTS FOR PROPOSALS: RESOLUTION 12 -237 RESOLUTION TO AUTHORIZE AND APPROVE THE TOWN CENTER REQUESTS FOR PLANNING PROPOSALS AND THE DELIVERY THEREOF The following Resolution was duly presented for consideration by the Town Board: WHEREAS, The Town Board has been working upon a Request for Proposals for Town Center Planning input and development plans (the "RFP "), and after performing work upon the draft presented, and after obtaining updates and input from a professional planner upon such RFP, the same is ready to be distributed; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the RFP be and hereby is approved, and the Supervisor and /or Deputy Supervisor be and each is hereby individually and severally authorized to make final modifications thereto, including as to the return, review and award dates, and to designate the town employee or official that will be the reviewing agent for the Town Board, and to make and do all other things as are or may be necessary or convenient to the finalization, delivery, and review and ranking of proposals received in relation to the RFP. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: 8 Councilperson Robert Cree Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye 373 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. REQUEST AN EXTENSION OF TIME TO REVIEW THE REVISED REGULATIONS FOR HIGH VOLUME HYDRAULIC FRACTURING: RESOLUTION 12 -238 RESOLUTION REQUESTING AN EXTENSION OF TIME FOR REVIEW OF THE REVISED REGULATION FOR HIGH VOLUME HYDRAULIC FRACTURING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High- Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low - Permeability Gas Reservoirs; and WHEREAS, NYSDEC has established a 30 day public comment period on the revised draft regulations from December 12, 2012 through January 11, 2013; and WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 NYCRR Parts 52, 1907 550 -5567 560, 750. 1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, the 30 day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays; and WHEREAS, due to Open Meetings Law requirements for advance public notice of agendas and supporting materials, the 30 day comment period essentially eliminates or severely hinders the ability for any municipal regulatory or advisory organizations, such as the Tompkins County Board of Health and the Tompkins County Environmental Management Council, to review the released documents and draft, approve, and issue comments; and WHEREAS, these regulations are intended, in part, to mitigate impacts on local municipalities, and as described above, because of requirements of Open Meetings Law, and the monthly meeting schedule of local governments, a 30 day comment period virtually eliminates the ability of municipalities to draft, hear public comment, revise and vote on a response as to the adequacy of regulations designed to protect them; and WHEREAS, the NYSDEC has not completed and made public its health impact assessment, and it is therefore impossible to comment on the adequacy of these regulations in mitigating these yet undescribed impacts, and WHEREAS, the NYSDEC has not made public its revised economic impact assessment, and it is therefore impossible to comment on the adequacy of these regulations in mitigating these yet unseen impacts; and 6 374 WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing request that the NYSDEC should extend the public comment period on the revised regulations to a minimum of 90 days; and BE IT FURTHER RESOLVED, that the NYSDEC should also allow public comment on the results of the independent review of potential public health impacts during the same 90 day period; and BE IT FURTHER RESOLVED, that no final decision whether to allow fracking in New York State should be made without full consideration of said public comment on the regulations, the health impact review, and the final SGEIS; and BE IT FURTHER RESOLVED, that the Lansing Town Clerk send a certified copy of this resolution to: Governor Andrew Cuomo, New York State Department of Environmental Conservation Commissioner Joe Martens, New York State Department of Health Commissioner Nirav Shah, New York State Association of Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Health Department, Tompkins County Board of Health, and all New York State and Federal Elected Officials. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Supervisor Kathy Miller, and put to a roll call vote with the following results: Councilperson Robert Cree Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. SCHEDULE PUBLIC HEARING FOR THE PROPOSED INCREASE AND IMPROVF.MRNT OF THE FACILITIES OF THE CWD AND CWD #1 & #2: RESOLUTION 12 -239 SCHEDULE PUBLIC HEARING IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER DISTRICT INCLUDING EXTENSION #1 and #2 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, in conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of Dryden and Ithaca, has determined and agreed to participate in the provision of a joint water project for construction of a new replacement water tank at Burdick Hill Road and to contract joint indebtedness therefore in accordance with Section 15.00 of the Local Finance Law pursuant to an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System (the "Intermunicipal Agreement "); and WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, has had under consideration for said purpose the increase and improvement of the facilities of the Consolidated Water District (including Consolidated Water District Extensions #1 and #2) in and for said Town, consisting of the construction of a new replacement water tank at Burdick Hill Road; and 10 WHEREAS, a map, plan and report including an estimate of cost, relating to said increase and improvement of facilities has been duly prepared; and WHEREAS, the maximum estimated cost to said District of such increase and improvement is initially determined to be $226,650, it being further determined that the remaining $1,273,350 of the overall $1,500,000 cost of this project, shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water districts in the Town of Dryden and a water improvement area in the Town of Ithaca and that joint indebtedness shall be issued therefore and that the ultimate share of the cost to be allocated to the Town of Lansing pursuant to the afore described Intermunicipal Agreement shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement; and WHEREAS, the cost shall be annually apportioned and the amounts so apportioned shall be annually assessed upon all the taxable real property in such District at the same time and in the same manner as other Town charges, in an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds; and WHEREAS, said $1,500,000 maximum estimated cost shall be authorized to be financed by the joint issuance by the Town of Ithaca, with the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, of joint serial bonds with a maximum not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, the aforesaid project has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined in accordance with the criteria in 6 NYCRR Section 617.5(c)(2) will not result in any significant environmental effects and will not be subject to further review; and WHEREAS, it is now desired to call a public hearing on said proposed increase and improvement and the map, plan and report including estimate of cost pursuant to Section 202 -b of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Lansing, Tompkins County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Lansing, Tompkins County. New York, shall be held at 29 Auburn Road, in Lansing, New York, in said Town, on the 16`h day of January, 2013, at 6:05 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing on the proposed increase and improvement of the facilities of the Consolidated Water District (including Consolidated Water District Extensions #1 and #2) in said Town and the map, plan and report including estimate of cost as described in the preambles hereof, at which time and place said Town Board will hear all persons interested in the subject thereof concerning the same. Section 2. The Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published in the official newspaper of said Town, and posted in the manner prescribed by law, which notice shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 3. This Order shall take effect immediately. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree Aye Councilperson Ruth Hopkins Aye 11 375 376 Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on December 19, 2012. APPROVE AUDIT and BUDGET MODIFICATIONS: RESOLUTION 12 -240 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 012 DATED 12/19/12 AUDITED VOUCHER #'s PREPAY VOUCHER #'s AUDITED TA VOUCHER #'s PREPAY TA VOUCHER #'s FUND GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS TRUST & AGENCY 1211 — 1301 1211 — 1213 93-99 TOTAL APPROPRIATIONS WARREN RD SEWER- CAPITAL PROJ LANSING SEWER DISTRICTS DEBT SERVICE $ 87,333.93 $ 162,813.89 $ 1,268.65 $ 44,271.24 E, .. , . 0, $ 391.49 0, BUDGET MODIFICATIONS GENERAL FUND A 12/19/12 Meeting FROM TO FOR Al 990.400 Al 110.400 From Contingency to Justice - Contractual Reason Unanticipated Jury Trial, Training & Mileage From Control of Dogs Licensing to Control of Dogs A3510.401 A3510.400 Contractual Reason Euthanizations A5132.400 A5132.403 From Garage - Electric to Garage 104 Auburn Rd Reason Reverse 11/28 Budget Mod as per P. Crozier A2680 A7140.400 Increase Insurance Recoveries Revenue and Parks Repairs Insurance Coverage for Vandalism A599 A9060.800 From Fund Balance for Health Insurance Buy in fee for Consortium - $18,400, plus balance 2012 HIGHWAY FUND DA 12/19/12 Meeting 12 AMOUNT $2,000.00 $300.0 $36.00 $6,642.17 $21,400.00 FROM TO FOR 377 AMOUNT From Appropriated Reserves Revenue to Machinery DA0511 DA5130.200R Equipment 62,764.59 Reason Balance on purchase of Dump Truck attachments Approved by Board DA599 DA5130.200R From Fund Balance to Machinery Equipment 159697.41 Balance on purchase of Dump Truck attachments Approved by Board FROM TO SW1990.400 SW8310.401 Reason SW1990.400 SW8340.400 Reason SW1990.400 SW8340.401 Reason WATER DISTRICT SW 12/19/12 Meeting FOR From Contingency to Engineer McKinney Water Main Project & Proposed CWD #3 From Contingency to Transmission & Distribution Additional Repairs & Maintenance From Contingency to CWD Repairs Contractual McKinney Water Main Project Councilperson Ruth Hopkins seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Councilperson Ruth Hopkins Councilperson Edward LaVigne Supervisor Kathy Miller BOARD MEMBER REPORTS: Edward LaVigne: Aye Aye Aye Aye Mr. LaVigne joined the Lansing Seniors as they enjoyed their Christmas Party at the LakeWatch Inn. The Senior Citizens have raised enough money for their scholarship fund this year. The Woodsedge Manager, Pam Bush will be leaving and Rural Development will be looking for a replacement. Ruth Hopkins: Mrs. Hopkins reported that the current Lansing retirees will remain with the same Insurance as contracted last year. Mrs. Miller stated that Sharon Bowman worked very hard getting this done. Also, Lansing resident Geoff Wright assisted with the process. Robert Cree: Mr. Cree stated that the first water tower project is almost completed. Mr. Overstrom stated that when the new tank is up on line there will be other improvements at the Burdick Hill pump station, then the existing tank will be replaced. Kathy Miller• Mrs. Miller reported that she and Highway Superintendent, Jack French met with Bolton Point reps and Manager Jack Rueckheim. The Town Highway Department will now be responsible for and perform the sewer inspections for the Town of Lansing. The Town will in the near future have to address the Trihalomethane. Mr. Overstrom stated that this is a disinfection byproduct that occurs in long stretches of water distribution. Monthly Report: 13 AMOUNT $6,700.00 $1,000.00 $17,635.00 WE The Supervisor submitted her monthly report for the month of November to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT, Counsel Guy Krogh reported that the Morris's got the result from the judge on their motion and it was denied. ENTER EXECUTIVE SESSION. RESOLUTION 12 -241 Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS THE EMPLOYMENT HISTORY OF A PARTICULAR INDIVIDUAL AT 7:30 PM. Councilperson Robert Cree seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Councilperson Ruth Hopkins Councilperson Edward LaVigne Supervisor Kathy Miller EXIT EXECUTIVE SESSION. RESOLUTION 12 =242 Aye Aye Aye Aye Supervisor Kathy Miller moved to EXIT EXECUTIVE SESSION AT 8:00 PM. Councilperson Robert Cree seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Councilperson Ruth Hopkins Councilperson Edward LaVigne Supervisor Kathy Miller ADJOURN MEETING. RESOLUTION 12 =243 Aye Aye Aye Aye Councilperson Robert Cree moved to ADJOURN THE DECEMBER 19, 2012 TOWN BOARD MEETING AT 8:01 PM. Supervisor Kathy Miller seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree Councilperson Ruth Hopkins Councilperson Edward LaVigne Supervisor Kathy Miller Minutes taken and executed by the Town Clerk. Aye Aye Aye Aye Respectfully submitted, Debbie S. Crandall 14