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HomeMy WebLinkAbout2022-02-16 February 16, 2022 1 REGULAR TOWN BOARD MEETING February 16, 2022 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY, and streamed live on YouTube on the above date at 6:30 p.m. The meeting was called to order by Edward LaVigne, Supervisor, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Ruth Groff, Councilperson Bronwyn Losey, Councilperson(remotely) Joseph Wetmore, Councilperson(remotely 6:38pm) Edward LaVigne, Supervisor ABSENT: No one absent ALSO PRESENT: Patrick Tyrrell, Parks & Recreation Supervisor and Mike Moseley, Highway Superintendent ALSO PRESENT REMOTELY: Guy Krogh, Town Counsel, C.J. Randall, Director of Planning, Mary Ellen Albrecht, Town of Lansing Information Aide, and Dondi Harner, T.G. Miller, P.C. MOTION TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW NO. 1 OF 2022 – A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS FOR CERTAIN APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW # 1 OF 2022 – A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS FOR CERTAIN APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING at 6:31 pm. Councilperson Ruth Groff seconded the motion. All in Favor – 4 Opposed – 0 No one addressed the Town Board. MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Andra Benson, moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW # 1 OF 2022 – A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS FOR CERTAIN APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING at 6:33 pm. Councilperson Ruth Groff seconded the motion. All in Favor – 4 Opposed – 0 RESOLUTION ADOPTING LOCAL LAW #1 OF 2022 RESPECTING RESIDENCY REQUIREMENTS FOR CERTAIN APPOINTED OFFICIALS AND EMPLOYEES RESOLUTION 22-61 RESOLUTION ADOPTING LOCAL LAW #1 OF 2022 RESPECTING RESIDENCY REQUIREMENTS FOR CERTAIN APPOINTED OFFICIALS AND EMPLOYEES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, in order to comply with Town Law §§ 20 and 23, and Public Officers Law § 3, and the Civil Service listings and guidance from the County Department of Human February 16, 2022 2 Resources, the Town of Lansing needs to formally supersede certain residency requirements for certain appointed officers and employees of the town; WHEREAS, this is a Type II Action under the State Environmental Quality Review Act Section 617.5(c)(26), which requires no environmental review; and WHEREAS, the said proposed Local Law #1 of 2022 was duly presented and a notice of public hearing thereupon duly published in accord with law, and the public hearing was duly held at the Lansing Town Hall upon February 16, 2022 and all persons interested in the subject matter thereof were permitted to speak or submit evidence upon, or for or against, such local law; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED as follows: 1. Local Law Number 1 of 2022, entitled “A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS OF CERTAIN APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING” be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted.” 2. In accord with the Municipal Home Rule Law the final adopted version of this local law shall be filed with the Town Clerk and the New York Secretary of State as required by Municipal Home Rule Law § 20. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Groff, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Absent Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 16, 2022. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 1 OF 2022 A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS OF CERTAIN APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING. Be it enacted by the town board of the Town of Lansing, in the County of Tompkins, as follows: SECTION 1. TITLE: A local law to establish the residency requirements for the appointed offices of Deputy Town Clerks, Deputy Highway Superintendent, and Code Officer (Code Officer, as a term used herein, shall also mean the code enforcement officer and building inspector, including as such terms are used in the Executive Law and Town Law § 138). SECTION II. AUTHORITY: This local law is adopted pursuant to Municipal Home §10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this local law recognizes that the State Legislature amended Public Officers Law, §3 adding a new subdivision (24) expanding the residency requirements for any appointed public office in the Town of Greenburgh, Westchester County, thereby rendering Public Officers Law a special law with respect to any appointed officer (Cf., N.Y. Op. Atty. Gen. (Inf.) No. 91-37). February 16, 2022 3 SECTION III. SUPERSESSION: This local law shall supersede Town Law § 23(1) in its application to the offices of Deputy Town Clerks, Deputy Highway Superintendent, and the Code Officer for the Town of Lansing. This local law shall further supersede such provisions of appointment, vacancy, re- appointment, and the holding of a public office as are set forth in Public Officers Law § 3 et seq., but only to the minimum extent necessary to give effect t o this local law, including so as to not displace existing employees of the town. Any current public officer who holds office but, due to residency or relocation is or was not qualified to hold such office, be and hereby is reappointed, and any such affected officer shall promptly re-take the oath of office. All employees and officers of the Town of Lansing are authorized to give and take oaths of office, and to take such other actions, and prepare, certify, and file such other documents, as are or may hereafter be convenient or necessary to carry into effect the intent, terms, and provisions of this local law. SECTION IV. RESIDENCY REQUIREMENTS FOR THE POSITIONS OF DEPUTY CLERKS, DEPUTY HIGHWAY SUPERINTENDENT, AND CODE OFFICER FOR THE TOWN OF LANSING: The persons holding the offices of Deputy Clerks, Deputy Highway Superintendents, or Code Officers in the Town of Lansing need not be a resident nor an elector of the Town of Lansing, provided, however, that each such person shall reside in Tompkins County, or within any adjoining county within the State of New York. SECTION V. INCONSISTENCY: All other local laws and ordinances of the Town of Lansing that are inconsistent with the provisions of this local law are hereby repealed; provided however, that such repeal shall only be to the extent of such inconsistency, and in all other respects this local law shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this local law. SECTION VI. SAVINGS CLAUSE: If any clause, sentence, paragraph, word, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal, or invalid, such judgment shall not affect, impair, or invalidate the remainder, thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgement shall have been rendered. SECTION VII. EFFECTIVE DATE: This local law shall take effect immediately upon adoption. PRIVILEGE OF THE FLOOR – GUIDELINES Available on Town of Lansing website and as a handout. The public shall be allowed to speak only during the Public Comment / Privilege of the Floor period of the meeting, or during public hearings, or when they have reserved and been granted time upon the agenda. Speakers must be recognized by the presiding officer (or his or her designee) and step to the front of the room. Speakers must give their name and state whether they are speaking as a resident, a member of the public, or for any other person or organization. Speakers must limit their remarks to 3 minutes, and comments unrelated to the subject matter of the public hearing are not allowed. Speakers may not yield any remaining time they may have to another speaker. February 16, 2022 4 With the permission of the presiding officer a Board or committee member may interrupt a speaker for the purpose of clarification or information (and not for any other reason or to debate or disagree). Such time shall not be counted against the speaker’s 3-minute limit. All remarks shall be addressed to the Board or committee as a body and not to any member thereof, nor to any member of the public whether present at such public hearing or not. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste. Interested parties or their representatives may address the Board by written communications. Written documents and evidence may be submitted as part of the record of the public hearing. Persons who exceed 3 minutes, violate rules of courtesy, decorum, dignity or good taste, or deliberately or by their behavior interfere with other person’s right to comment or participate in the public hearing, or who deliberately or by their behavior interfere with governmental administration will be cut off, removed, or have non-recognized comments removed from the record, or any combination of the above. Before a comments or statements will be excised from the record, the speaker will be verbally warned that they are in violation of the rules for this public hearing. PRIVILEGE OF THE FLOOR – COMMENTS (Available in person and via Zoom) No one addressed the Town Board. LANSING COMMUNITY LIBRARY REPORT – CHRISTINE EISENHUT The following report was available on Town of Lansing website and as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY February 16, 2022 1. The Library is distributing free self-test COVID-19 kits and KN95 masks to Lansing households. 2. The Library is partnering with the Finger Lakes Toy Library at their new space at the Shops at Ithaca Mall to offer weekly story times in person on Wednesdays at 10:30. Pre-registration is required as space is limited. 3. The Friends of the Library Winter Book Sale has been very successful. LCSD employees were offered a free bag of books. The sale will close before President’s weekend. 4. Pages to Projects – Book Selection – Muggie Maggie by Beverly Cleary. 5. The Tween Book Club selection is – The Magical Misfits by Neil Patrick Harris. 6. The Library continues to provide free delivery to Woodsedge. 7. The Library has an Empire Pass and passes to the Museum of the Earth and the Cayuga Nature Center available for check out. 8. The LCL’s Wi-Fi is not password protected. The community is welcome to park in the lot to access the Internet. February 16, 2022 5 LANSING YOUTH SERVICES REPORT – MEGHAN LYONS The following report was available on Town of Lansing website and as a handout. Lansing Youth Services Town Board Report February 2022 LYS’s next meeting will be via Zoom on February 17th at 6pm 1. Live Legoland - Youth have been creating local landmarks like the lighthouse at Myers Point, the Towers of Ithaca College, as well as worldwide landmarks like the Grand Canyon. Youth even built bridges that spanned a whopping 65 inches! 16 youth served. 2. Outdoor Adventure - With an abundance of snow sledding and snow forts/shelters have been very popular in our winter session of Outdoor Adventure. Miniature quinzhees have also been incorporated into individual shelters. 8 youth served. 3. Dungeons and Dragons - With much anticipation, D&D is back. The Dungeon Masters are previous participants and have been incredible with mentoring the newer members. Youth have created their characters and the adventure is set to begin! 14 youth served. 4. Motion and Movies - This brand-new program is looking at the stop motion world and the beginnings of animation. Claymation projects have kicked off the program. Youth are working on making characters and scenes for their short films. 16 youth served. 5. Youth Employment Program - The year has begun with placements assisting the Recreation Department's ice-skating program, Lansing Youth Services programming and continuing at the Public Library. 12 youth served. 6. LYS met on January 20th via Zoom. 7. Travis is still working with youth in programming on DEI Statement possibilities. 8. LYS agreed to host the Spaghetti Supper Fundraiser (adapting it to COVID protocols and safety). LYS will meet again on 2/3/22 via Zoom to do more planning for the event. The group has agreed to host the Spaghetti Supper Fundraiser on 4/29. 9. Stacie Mastin was featured in the Youth Services Snapshot Newsletter for her efforts with the Lansing Youth Services Commission. 10. Meghan Guerra Lyons (TCYSD Liaison) will present to commissions a template for a Needs Assessment which includes an online survey for adults, key informants, PhotoVoice (youth project), and focus groups. LYS 2022 Goals: 1. Create orientation packet for new members - outlines of fiscal revenue and funded programs. Set expectations to visit programs/uniform template to monitor programs. 2. Conduct community needs assessment (focus on impacts of the pandemic) 3. Use DEI statement to track metrics and funded programs 4. Incorporate more youth input at meetings for feedback into program decisions. TOMPKINS COUNTY LEGISLATOR REPORT – MIKE SIGLER No report. PARKS AND RECREATION REPORT – PATRICK TYRRELL Reviewed the following with the Town Board and the report was available on Town of Lansing website and as a handout. February 16, 2022 6 Parks & Recreation February 2022 Town Board Meeting RECREATION • Our travel basketball program is going well, they will be wrapping up the season this weekend. • Gym space has been an issue for us this winter, we’re really hoping the Town Board considers acquiring the Girls Residential Center so we can have our own facilities. • Rock Climbing is back at Cornell Lindseth Wall after a break due to Covid. We will be holding two days of climbing next week. • Other on-going programming includes ice skating, softball, baseball and 2/3 basketball. • Parks, Recreation and Trails master plan is still in its draft stage but moving forward with another meeting scheduled for March 1st. • Redesign has begun for the Town’s website this will take several months; Jenna was previously overseeing but now Pat will be taking this on since she gave birth two weeks ago to a baby boy. • We will be working later this month on converting all Town computers to a Cloud based server system. This will take a couple of weeks. • Drop - in has resumed at the Community Center. • BBQ calendar is almost completely full. PARKS • Music in the Park is booked for the season. Schedule coming soon. • The Bulkhead project at Myers is coming along, we are about halfway with panel installation. Once the corrugated panels are complete, we will be working on tiebacks and electric/lighting. • We have had to cut down some ash trees that were dead or dying. • We have been keeping Myers Park, Ludlowville and the Center Trail parking lots plowed out and have had many compliments from residents who enjoy walking. • Revenue has steadily been coming in on boat slips, kayak spaces, camping and pavilions. Pat also reported: Marina Bulkhead Project • May need additional money – not in 2022 budget • Most material purchased with 2021 budget funds • Some 2021 budget funds not used because did not know how much electrical material to purchase • Maybe American Rescue Plan Act Funding (ARPA) funds could cover the additional costs HIGHWAY REPORT – MICHAEL MOSELEY Reviewed the following with the Town Board and the report was available on Town of Lansing website and as a handout. HIGHWAY REPORT February 2022 WATER DISTRICT Crews worked to repair five main breaks within the water district during some of the coldest temperatures we have experienced in recent years. These breaks were caused by the frost in the ground and failing hardware. ROAD MAINTENANCE Wintertime snow/ice maintenance of roads. Approximately 43 times on the road per crew member. Crews worked to repair roads with cold patch from previous water main breaks. February 16, 2022 7 Weekly maintenance and upkeep on snowplow fleet. PARKS & RECREATION Assisted Parks and Recreation Department with building marina wall. TRAINING Full highway crew received PERMA training. Mike also reported: Water District • Another water main break today o Usually takes three (3) to four (4) hours to repair Road Maintenance • Roads extra rough this year – plan to do 16.8 miles of roads in 2022 o Stone cost about $38,500 ▪ Maybe ARPA funds could cover this cost ARPA FUNDS • Guy Krogh o Keep in separate account and ledger o Explain how it is eligible for ARPA funds o Factual ledger – documentation similar to grant funds and CHIPS reimbursement • Town Board discussion o Town Board should decide how ARPA funds are spent o Capital Committee will do proposal on spending ARPA funds ▪ Have recommendation for March Town Board meeting o Should have rationale why allocating money for specific project o Department heads should communicate with Capital Committee for expenditures they may have DIRECTOR OF PLANNING REPORT – C.J. RANDALL Reviewed the following with the Town Board and the report was available on Town of Lansing website and as a handout. CORE PLANNING FUNCTIONS • Data and GIS Services o Continued virtual meeting protocol during coronavirus outbreak for board and committee meetings, updated on 1/14 o Reviewed introductory materials for Municode website implementation on 1/28 • Agricultural and Farmland Protection Committee staff support • Conservation Advisory Council staff support o Reviewed Open space index and Conservation Plan Request for Qualifications (RFQ) on 1/6 • Planning Board staff support o Prepared and circulated 2022 orientation materials on 1/7 o Dollar General Retail Store and Lot Line Adjustments – East Side of NYS Route 34B north of Lansing Station Rd ▪ Public Hearing – 1/24/22 • Zoning Board of Appeals staff support o Prepared and circulated 2022 orientation materials on 1/10 o 300 Portland Point Rd ▪ Area Variance appeal to demolish and rebuild single-family dwelling granted 1/11 • Stormwater Management February 16, 2022 8 o SMO attended Tompkins County Stormwater Coalition meeting on 1/19 o SMO attended NYS Draft MS4 General Permit Overview training on 1/26 • Interdepartmental Coordination o Coordinated and attended monthly Department Head meeting on 1/5 o Coordinated and attended Water & Sewer Advisory Committee meeting on 1/5 o Coordinated with Town Supervisor, Parks & Recreation Supervisor, and NYSOGS regarding Lansing Residential Center on 1/25 • Project Management o Coordinated with NYS Parks on Myers Park Project on 1/10, 1/14, and 1/20 o Coordinated initial Capital Improvement Committee process narrative on 1/20 o Attended debriefing on unfunded 2021 Consolidated Funding Application (CFA) WQIP applications for Salmon Creek Streambank Stabilization Project and acquisition of vacuum truck, respectively, with NYSDEC, Tompkins County Soil & Water Conservation District, and Highway Department on 1/27 o Attended Association of Towns ARPA Final Rules training on 1/14 o Prepared Open space index and Conservation Plan Request for Qualifications (RFQ) and reviewed for compliance with procurement policy and rules with Attorney for the Town, and released to NYS Contract Reporter on 1/24 o Coordinated and attended OpenGov Welcome Calls on 1/19 and 1/28 • Attended Tompkins County Planning Advisory Board (PAB) meeting on 1/11 • Attended Tompkins County Industrial Development Agency meeting on 1/12 • Coordinated with Tompkins County Department of Planning & Sustainability on their 2022 Work Program on 1/14 • Attended Tompkins Mitigation Reporting Tool training and review of NYSDHSES Hazard Mitigation Program Grant Opportunity on 1/26 LAND USE WORK PROGRAM Q4 2021 – Q3 2022 Scope of work and schedule of adoption located at: https://bit.ly/RAZoningupdate • Zoning and Land Use Regulations Update o Coordinated initial Code Revision Committee process diagram and narrative on 1/20 o Environmental Protection Overlay Districts ▪ Reviewed geographic extent of Cayuga Lake Scenic Byway Overlay District with CAC on 1/6; CAC presented to Planning Board on 1/10 C.J. also reported: Stormwater MS4 Report • DEC has new draft – changes are extensive ENGINEER’S REPORT – DAVE HERRICK No report. February 16, 2022 9 CONSENT AGENDA a. MOTION AUTHORIZING CONSERVATION ADVISORY COUNCIL TO PREPARE AND SEND THANK YOU LETTER TO PARK FOUNDATION MOTION M22-06 MOTION AUTHORIZING CONSERVATION ADVISORY COUNCIL TO PREPARE AND SEND THANK YOU LETTER TO PARK FOUNDATION Motion authorizing the recommendation of the Conservation Advisory Council relative to grant award # 21-597, authorized by Town Board Motion 22-01, is hereby approved, and that the Conservation Advisory Council prepare and send a thank you letter to Park Foundation for awarding funding for the Open Space Index and Conservation Plan project. b. MOTION AUTHORIZING AND DIRECTING THE CODE REVISION COMMITTEE TO PREPARE PRELIMINARY DRAFT RURAL AGRICULTURAL (RA) ZONING DISTRICT TEXT AND MAP AMENDMENTS MOTION M22-07 MOTION AUTHORIZING AND DIRECTING THE CODE REVISION COMMITTEE TO PREPARE PRELIMINARY DRAFT RURAL AGRICULTURAL (RA) ZONING DISTRICT TEXT AND MAP AMENDMENTS Motion that the Code Revision Committee is authorized and directed to prepare Preliminary Draft Rural Agricultural (RA) Zoning District Text and Map Amendments in accordance with the Code Revision Committee Preliminary Report dated February 3, 2022. c. MOTION TO APPROVE AND AUTHORIZE UPDATED CONSULTING AND AGENCY AGREEMENTS WITH LAMA REAL ESTATE MOTION M22-08 MOTION TO APPROVE AND AUTHORIZE UPDATED CONSULTING AND AGENCY AGREEMENTS WITH LAMA REAL ESTATE Motion to approve the updated contracts submitted by Larry Berger, Lama Real Estate, to provide additional professional real estate agency, brokerage, and related services for an additional parcel of Town Center-related land, thereby amending the contract and approvals previously approved and executed under authority of Motion M21-11, and to authorize the Town Supervisor to execute the same. d. MOTION APPOINTING EVAN OGATA AS LIAISON AND DAVID WOLFE AS ALTERNATE TOWN OF LANSING LIAISON TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL MOTION M22-09 MOTION APPOINTING EVAN OGATA AS LIAISON AND DAVID WOLFE AS ALTERNATE TOWN OF LANSING LIAISON TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL Motion appointing Evan Ogata as liaison and David Wolfe as alternate Town of Lansing liaison to the Tompkins County Environmental Management Council. e. MOTION AUTHORIZING TOWN OF LANSING PARKS AND RECREATION SUPERVISOR TO SIGN WILLIAMSON LAW BOOK COMPANY CLOUD HOSTED SOFTWARE PROPOSAL February 16, 2022 10 MOTION M22-10 MOTION AUTHORIZING TOWN OF LANSING PARKS AND RECREATION SUPERVISOR TO SIGN WILLIAMSON LAW BOOK COMPANY CLOUD HOSTED SOFTWARE PROPOSAL Motion to authorize Town of Lansing Parks and Recreation Supervisor to sign Cloud Hosted Software Proposal with Williamson Law Book Company. Authorizing up to $15,000 for set up and access fees for cloud-based software programs utilized by the Supervisors, Highway and Town Clerk’s Departments. Funds to be allocated from the technology fund A1610.400. f. RESOLUTION AMENDING RESOLUTION #21-145 AUTHORIZING HIGHWAY SUPERINTENDENT TO PURCHASE ADDITIONAL EQUIPMENT FOR ORIGINAL DUMP TRUCK PURCHASE RESOLUTION 22-62 RESOLUTION AMENDING RESOLUTION #21-145 AUTHORIZING HIGHWAY SUPERINTENDENT TO PURCHASE ADDITIONAL EQUIPMENT FOR ORIGINAL DUMP TRUCK PURCHASE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing had adopted Resolution 21-145 (November 17, 2021) to allocate funds for the Highway Superintendent to purchase a 2023 International HX620 tandem axle dump truck with plow package and muni body, not to exceed $232,500, for the Highway Department; and WHEREAS, the Highway Department now wishes to add the following equipment to said dump truck: Rex Roth Monitor, Piston Pump, and Plow and Wing controls; and WHEREAS, the stated equipment will cost an additional $8,551; and WHEREAS, the Town Board has fully reviewed such need and the options for the same, including the purchase of the same from the budget balances, and the Highway Department now wishes to use such funds and seeks verification from the Town Board that this budget line item is indeed to be used as cash to purchase this equipment; and WHEREAS, upon and after due deliberation upon this matter, the Town Board of the Town of Lansing has determined as follows, and now be it therefore RESOLVED, that the Town Board affirms that $8,551 in DA5142.400 is intended to be used for equipment purchases; and it is further RESOLVED, that the Highway Superintendent be and hereby is authorized to affect the following purchase: Rex Roth Monitor, Piston Pump, and Plow and Wing controls from Viking Cives (county contract #8996); but only as long as the amount to be expended does not cumulatively exceed the sum of $8,551 for such equipment; and it is further RESOLVED, that should the sum proposed to be expended exceed such amount of $8,551, it is requested that the Highway Superintendent notify the Town Board and work with the Town Board to decide whether to spend such additional funds. g. RESOLUTION APPROVING HIGHWAY DEPARTMENT PURCHASE OF EQUIPMENT IN ACCORD WITH CAPITAL REPLACEMENT PLANS RESOLUTION 22-63 RESOLUTION APPROVING HIGHWAY DEPARTMENT PURCHASE OF EQUIPMENT IN ACCORD WITH CAPITAL REPLACEMENT PLANS February 16, 2022 11 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has long had capital management and equipment plans for the Highway Department consisting of a balance of reserve funds and budgeted cash, and in 2022 certain capital needs of the Highway Department were discussed, including how to fund the purchase of the same in 2022 without incurring debt; and WHEREAS, the Highway Department has now confirmed and identified its need for two new 2022 Chevrolet Silverado 2500 Pickup Trucks, and has utilized the New York State Office of General Service (NYSOGS) Vehicle Marketplace for pricing such equipment; and WHEREAS, the Town Board has fully reviewed such need and the options for the same, and the Highway Department now wishes to use funds from account DA5130.200 and seeks verification from the Town Board that this budget line item is indeed to be used as cash to make such purchase; and WHEREAS, upon and after due deliberation upon this matter, the Town Board of the Town of Lansing has determined as follows, and now be it therefore RESOLVED, that the Town Board affirms that funds from DA5130.200 are intended to be used for equipment and vehicle purchases; and it is further RESOLVED, that the Highway Superintendent or his designee be and hereby are authorized to effect the following purchase per NYSOGS #8984: two new 2022 Chevrolet Silverado 2500HD Pickup Trucks from Joe Basil Chevrolet for a total not to exceed $90,000.00 h. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH GTM PINNACLE FOR NEW EMPLOYEE HANDBOOK AND RELATED SERVICES RESOLUTION 22-64 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH GTM PINNACLE FOR NEW EMPLOYEE HANDBOOK AND RELATED SERVICES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has an existing Employee Handbook, and the process of updating the same to comply with the many changes in law, and changes by the Town Board over time, has proven not to be a task efficiently manageable in-house, given the hours of compliance work needed; and WHEREAS, at Department Head meetings the idea was posited and approved that locating a human resource consulting firm with expertise in public employment and state and federal labor laws would be the most efficient way forward, including in terms of overall quality, timing and cost, and the Town Supervisor’s Office was tasked with locating, reviewing, and deciding upon a consultant for these specialized services; and WHEREAS, the overall cost of the same would not trigger mandatory public bidding, though it would trigger procurement practices to assure the best price but for the fact that these are specialized services that fall within public and procurement exceptions set forth in law and policy, but the town none-the-less obtained multiple quotes to confirm, and the town did confirm, that the consultant it selected as based upon the proposed services, such firm’s expertise, and a review of verifying reference checks, had a competitive price; and WHEREAS, GTM Pinnacle has submitted a contract with menu selections and a base handbook price of $2,500, and the town wishes to approve that agreement and authorize the Town Supervisor to make selections among the menu of services and related options at such base price, with extras, not to exceed, in total, $5,000; and February 16, 2022 12 WHEREAS, this is a Type II Action under the State Environmental Quality Review Act Section 617.5(c)(26), which requires no environmental review; and now therefore be it RESOLVED, that the Town Board approves the contract with GTM Pinnacle, authorizes the Town Supervisor to sign the same by and in the name of the Town of Lansing, and further authorizes the Town Supervisor to select from among the contractual support services such additional work and services as he deems in the best interests of the Town, but not in a gross amount as may exceed $5,000 without further authorization from the Town Board. i. RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ETHICS RESOLUTION 22-65 RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ETHICS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Local Law #1 of 2021, Town of Lansing Ethics Law, was adopted March 17, 2021; and WHEREAS, per § 18-6 Board of Ethics. There is hereby established a Board of Ethics consisting of five members, to be appointed by the Town Board, all of whom shall reside in the Town, and all of whom shall serve without compensation and at the pleasure of the Town Board. No member of the Board of Ethics shall be a Town Employee or a Relative of any Town Employee. Ethics Board members will have staggered 5-year terms, and appointments will be initially made for terms of members running for 1 to 5 years, so that one appointment arises for consideration or renewal annually. Ethics Board members may be reappointed at the expiration of their term. The Attorney for the Town shall be an ex officio member of said Board without voting privileges, for the purposes of providing legal guidance and advice to allow the Board of Ethics to efficiently perform its functions; and WHEREAS, seven (7) applications were received; and WHEREAS, the Town Board has fully reviewed such applications; and WHEREAS, upon and after due deliberation upon this matter, The Town Board of the Town of Lansing has hereby RESOLVED, that the following be appointed as members of the Board of Ethics: 1. John Dann term expires December 31, 2022 2. Diane Withiam term expires December 31, 2023 3. Jay Franklin term expires December 31, 2024 4. Matthew Montague term expires December 31, 2025 5. Jamie Ferris term expires December 31, 2026 j. RESOLUTION APPROVING THE STANDARD WORKDAY AND REPORTING FOR ELECTED AND APPOINTED OFFICIALS RESOLUTION 22-66 RESOLUTION APPROVING THE STANDARD WORKDAY AND REPORTING FOR ELECTED AND APPOINTED OFFICIALS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing needs to establish and report the standard work day for elected and appointed officials; and February 16, 2022 13 WHEREAS, effective August 12, 2009, each elected or appointed official who is enrolled in the NYS Retirement System, must prepare a record of work-related activities for three consecutive months within 150 days of the start of a new term or appointment; and WHEREAS, the log must contain a daily detail of hours worked and duties performed that are directly related to the elected or appointed position, including official duties performed outside normal business hours; and WHEREAS, by certifying that a previously submitted three-month log is still representative of time worked, officials elected or appointed to new terms will not have to keep a new log for up to eight years. If an official who believes their initial three- month log is not representative of the average number of hours worked, he or she may submit a new record of activities for an alternative three-month period; and WHEREAS, the Legislative Clerk must retain each record of activities for a period of at least thirty years and provide full and complete copies to the Office of the State Comptroller upon request; and WHEREAS, the Resolution must be adopted at the first regular meeting held after the first 180 days of a new term, or whenever a new elected or appointed office is established; and WHEREAS, upon due deliberation thereupon by the Town Board, the Town Board of Lansing has duly RESOLVED, that the Town Board of the Town of Lansing hereby adopts the New York State Comptroller Form RS 2417-A as the Official Form Approving Standard Workday and Reporting Resolution for Elected and Appointed Officials: BE IT FURTHER RESOLVED, that the Town Clerk post the New York State Comptroller Form (RS 2417-A) for a minimum of 30 days on Employer’s Public Website; and BE IT FURTHER RESOLVED, that the Town Bookkeeper file a Certified Copy of the Standard Work Day and Reporting Resolution (RS2417-A) and an Affidavit of Posting February 16, 2022 14 with the New York State Comptroller’s Office within 15 days after the posting period has ended. k. RESOLUTION UPGRADING INFORMATION AIDE IN PLANNING & CODE ENFORCEMENT DEPARTMENT RESOLUTION 22-67 RESOLUTION UPGRADING INFORMATION AIDE IN PLANNING & CODE ENFORCEMENT DEPARTMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Heather Dries has taken on the additional tasks of acting as Project Lead for the department relative to the Town’s OpenGov software and Municode website initiatives; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby: RESOLVED, that effective February 17, 2022, Heather Dries will be classified as Grade 4, Step 7, with an hourly wage to be set at $22.85 per hour; and it is further RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and file Form 428s, if required. l. RESOLUTION HIRING FOURTH PART-TIME CONSTABLE FOR THE LANSING TOWN COURT RESOLUTION 22-68 RESOLUTION HIRING FOURTH PART-TIME CONSTABLE FOR THE LANSING TOWN COURT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, there is a need for a fourth Constable to act in a substitution capacity when the need arises as the Court operates with one Constable at all times; and WHEREAS, the Town of Lansing Supervisor has recommended that the fourth Part-Time Constable position be filled at the Town of Lansing; and WHEREAS, acceptable and qualified individuals will be located, and is therefore proposed to be hired to fulfill such job requirements; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that a fourth Part-Time Constable hereby is approved to be employed for the Lansing Town Court, at the rate of $45.00 per hour with a minimum of two hours, and it is further RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. m. RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW #2 OF 2022 FOR PROPOSED LOCAL EARLY RETIREMENT INCENTIVE PLAN FOR QUALIFYING OFFICIALS AND EMPLOYEES February 16, 2022 15 RESOLUTION 22-69 RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW #2 OF 2022 FOR PROPOSED LOCAL EARLY RETIREMENT INCENTIVE PLAN FOR QUALIFYING OFFICIALS AND EMPLOYEES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, to promote efficiency and reduce costs, the Town of Lansing desires to consider adoption of a local law to implement a local early retirement incentive plan, which plan shall not affect or alter any state retirement benefits described in the laws or regulations under the NYS Retirement and Social Security Law, but which shall be wholly a local incentive; and WHEREAS, the ERI program consists of an authorizing local law, an early retirement election form that, once signed, forms a binding agreement to resign on a given date and, concomitantly, will require the town to pay certain qualified individuals $1,000 in recognition of each year of service to the town; and WHEREAS, this is a SEQRA Type II Action not requiring further environmental review, and upon motion thereupon, the Town Board of the Town of Lansing RESOLVED as follows: 1. The form of Local Law #2 of 2022 and the employee election form are approved. 2. A public hearing upon such local law be and hereby is scheduled for March 16, 2022, at 6:31 pm, and the Town Clerk is directed to publish and post notices of such public hearing as required by law and MHRL § 20. n. RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS RESOLUTION 22-70 RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS The bills were reviewed by Councilperson Ruth Groff and Councilperson Joseph Wetmore. The Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 002 DATED 02/16/2022 AUDITED VOUCHER #’s 41 - 133 PREPAY VOUCHER #’s 41 - 45 AUDITED T & A VOUCHER #’s 5 - 11 PREPAY T & A VOUCHER #’s 5 - 7 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 75,038.00 HIGHWAY FUND (DA&DB) $ 253,762.97 LANSING LIGHTING (SL1, 2 &3) $ 1,480.17 LANSING WATER DISTRICTS (SW) $ 198,486.45 February 16, 2022 16 TRUST & AGENCY (TA) $ 1,326,415.60 WARREN ROAD SEWER DISTRICTS (SS1-) $ 6.442.83 PERUVILLE ROAD – CWD#5 (HC) $ 135.00 BUDGET MODIFICATIONS FEBRUARY 16, 2022 MEETING GENERAL FUND B December 31, 2021 FROM TO FOR AMOUNT B599 B9901.900 From Fund Balance to Transfer to other Funds $ 17,740.00 Parks Foundation Grant x-fer to A Fund Town Center Exps CONSENT AGENDA MOTIONS M22-06 – M22-10 AND RESOLUTIONS 22-62 – 22-70 RESOLUTION 22-71 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Consent Agenda Motions M22-06 – M22-10 and Resolutions 22-62 – 22-70, are hereby approved as presented and amended, and The question of the adoption of such proposed Consent Agenda Motions and Resolutions were duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Ruth Groff, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Motions and Resolutions were approved, carried, and duly adopted on February 16, 2022. RESOLUTION AUTHORIZING ACCEPTANCE OF 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 MYERS PARK PROJECT Supervisor Ed LaVigne stated: • Capital Committee recommended moving this forward • May need to bond some money for this project o Town Board has seen debt service calculations o Resolution for bond will need to be approved by Town Board and may include permissive referendum • Two (2) to three (3) year project RESOLUTION 22-72 RESOLUTION AUTHORIZING ACCEPTANCE OF 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 MYERS PARK PROJECT The following Resolution was duly presented for consideration by the Town Board: February 16, 2022 17 WHEREAS, consistent with the Town of Lansing Comprehensive Plan, the Cayuga Lake Watershed Restoration and Protection Plan, and the Cayuga Lake Blueway Trail Plan (approved under the NYSDOS Local Waterfront Revitalization Plan), and to help protect the Cayuga Lake watershed and enhance access to its water resources, the Town has been examining needed updates to local waterfront facilities including capital improvement projects for Myers Park, and in furtherance thereof and upon deliberation by the Town Board, it was duly and further RESOLVED, that the Town of Lansing 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 Myers Park Project; 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 $750,000 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 Myers Park Project (Grant #219659); 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 individual who holds the following elected or appointed municipal office and employment position title: Town Supervisor. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Ed LaVigne, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 16, 2022. RESOLUTION ADOPTING AMENDED TOWN OF LANSING COVID-19 LEAVE TIME AND GENERAL POLICIES RESOLUTION 22-73 RESOLUTION ADOPTING AMENDED TOWN OF LANSING COVID-19 LEAVE TIME AND GENERAL POLICIES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has largely followed state-generated advice on managing COVID-19 matters, including but not limited to the Governor’s Executive Orders (an “EO”, and currently effective is Governor Hochul’s EO No. 11), the input on essential versus non- essential personnel from the Empire State Development Corporation, and guidance on rules, protocols, public safety, and other matters from the New York State and Tompkins County Departments of Health and the Center for Disease Control; and February 16, 2022 18 WHEREAS, myriads of ongoing changes in state and federal law and recommended public health practices respecting labor laws, leave time benefits, and best practices, mandated or otherwise, require necessary updates to try to maintain compliance with law and engage in practices best known to continue to fight the pandemic; and WHEREAS, at a meeting of Department Heads, the Town COVID-19 policy was updated due to more changes occurring since the last updates in November, 2021, and in due consideration of the draft new “UPDATED AND AMENDED TOWN OF LANSING COVID-19 LEAVE TIME AND GENERAL POLICIES” as submitted to this meeting, the Town Board of the Town of Lansing has duly RESOLVED, that the said policy, as updated, supersedes and replaces the prior policy effective immediately. 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 Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 16, 2022. RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER 270: ZONING RESOLUTION 22-74 RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER 270: ZONING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) requires that a Lead Agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review, the Lead Agency shall be that local agency which has primary responsibility for approving and carrying out the action; and WHEREAS, adoption of a Local Law of The Town of Lansing to Amend the Code of the Town of Lansing Chapter 270: Zoning (Rural Agricultural Zoning District; Site Plan Review; and General Provisions) is a Type I Action under the State Environmental Quality Review Act §617.4(b)(2), which requires environmental review; and WHEREAS, the Town Board is the local agency with primary responsibility for approving the action; and WHEREAS, pursuant to §617.6(b)(3) of the State Environmental Quality Review Act (SEQRA), the aforementioned information must be mailed to all involved agencies notifying them that a Lead Agency must be agreed upon within thirty (30) calendar days of the date that the aforementioned information is mailed to involved agencies; and therefore be it February 16, 2022 19 RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the mailing to all Involved Agencies of the aforementioned information, together with Notice that the Town Board intends to declare itself Lead Agency for purposes of SEQRA for this Type I Action, unless objection to such designation is received within thirty (30) days. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Ruth Groff, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on February 16, 2022. BOARD MEMBER REPORTS Andra Benson – reported the following: Lansing Library – written report above Lansing Youth Services – written report above Ruth Groff – reported the following: Ithaca Transportation Council (ITCTC) – no meeting Infrastructure Bill (grant opportunities) – Congressman Reed’s Office • Climate change • Energy • Broadband • Cyber • Contact Ruth for complete list Bronwyn Losey – reported the following: Previous reports covered her committees Joseph Wetmore Reviewed the following with the Town Board and the report was available on Town of Lansing website and as a handout. Joseph Wetmore Town Board Member Report February 2022 Planning Board Monday, January 24⋅6:30 – 8:30pm • Dollar General Retail Store – public hearing Town of Lansing Code Revision Committee Thursday, February 3⋅10:00am – 12:00pm • Review of DRAFT process diagram • Discussion of moving forward with zoning changes in Rural Agricultural (RA) as proposed in the Ag Plan and the Comprehensive Plan. • Discussion of Drafting Zoning District Text Amendments to Define and Prohibit Certain Commercial Blockchain Businesses and Industrial Uses. February 16, 2022 20 Bolton Point Meeting Thursday, February 3⋅4:00 – 5:00pm • Committee Reports o Budget and Finance Committee o Financial o Engineering and Operations o Personnel and Organization Committee Edward LaVigne – reported the following: Sales Tax • Waiting on official amount for end of year Code Office • Needs part-time safety inspector WORK SESSION MEETING ITEMS OF DISCUSSION Engineer’s Ludlowville Road Report – Dondi Harner, T.G. Miller, P.C. • Road failures in 1971, 1993, and 2021 • Wash out – retaining walls, etc. • Surface and sub-surface issue • Similar life span for vehicle road or pedestrian walking path • Steep slopes • Unstable soils • Town may want to do interim repairs while making decision • Options: o Re-open road ▪ Retaining walls need work ▪ Estimate cost $2 million o Full closure of road ▪ Need to do drainage work o Convert road to pedestrian only ▪ Maybe non-paved Town Counsel Guy Krogh • Maybe look at other options o Close the road and rebuild in another location • Engineer’s Ludlowville Road Report can be released to the public and posted on the Town website Town Board agreed to spend up to $10,000 to get additional estimates from T.G. Miller, P.C. on options two (2) and three (3): 1. Fully re-open road (Town Board already has this estimate) 2. Full closure of road 3. Convert road to pedestrian only Supervisor Ed LaVigne – project will need to be bonded Engineer’s Ross Road Report – Dondi Harner, T.G. Miller, P.C. • Currently seasonal road to lake – 2300 feet • Serves one resident • Update road to non-seasonal Town road to lake o Estimate cost $1 million, plus ▪ Need right of way from railroad Town Counsel Guy Krogh • Seasonal road is descriptive characterization – not legal description • Town can do a qualified abandonment • Public abandons a road February 16, 2022 21 o “Highway ceases to be used for 6 years as public highway along its normal existing course, it ceases to be a public highway regardless of whether the town acknowledges the abandonment or not.” • Difficult to negotiate with railroad • May be expensive • Is this really a highway or is it a real long driveway • Engineer’s Ross Road Report can be released to the public and posted on the Town website Supervisor Ed LaVigne – project will need to be bonded Code Enforcement Officer (additional position) – C.J. Randall, Director of Planning • At least part-time, maybe full-time • Dedicated just for Town of Lansing • Code Enforcement Officer tasks 1. Plan review 2. Inspections 3. Customer service 4. Issue permits 5. Violations 6. Annual training 7. Complaints 8. Fire and Safety inspections Supervisor Ed LaVigne – how does this new position get paid Shared Services (Code Officer) – C.J. Randall, Director of Planning • Town of Ithaca offered to share services • Agreement (draft) from Town of Ithaca – Town Counsel Guy Krogh will review o C.J. will send to Town Board MOTION TO AMEND AND REPLACE § 2. (B) OF THE TOWN COVID-19 POLICIES TO READ AS FOLLOWS Town Board discussion regarding wearing masks resulted in the following motion. MOTION M22-11 MOTION TO AMEND AND REPLACE § 2. (B) OF THE TOWN COVID-19 POLICIES TO READ AS FOLLOWS B. The following masking rules shall apply in all Town Buildings and at all Town meetings: (i) All persons entering any town building for meetings are encouraged to be masked in a manner as meets the requirements of masking as promulgated by the Tompkins County Health Department, including their recommendations as adopted from guidance of NYSDOH and CDC. (ii) For purposes of Town Board meetings, all persons entering any town building shall be required to be properly masked. (iii) The Town Board hereby delegates to Department Heads and other town boards and committees the authority to promulgate rules for their offices and meetings related to masks, and such rules shall be presumed valid until reviewed and accepted, amended, or rejected by the Town Board, which review shall occur within 30 days of any rule so made or adopted by such office, board, or committee. The question of the adoption of such proposed Motion was duly motioned by Councilperson Ruth Groff, duly seconded by Councilperson Bronwyn Losey, and put to a roll call vote with the following results: February 16, 2022 22 Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Motion was approved, carried, and duly adopted on February 16, 2022. Proof of Work – Block Chain – Councilperson Bronwyn Losey • Three options 1. Local Law – Town lead agency o Not allow proof of work – block chain in Town o May have ramifications 2. Moratorium o Time to look at ramifications of doing local law 3. Do nothing Director of Planning C.J. Randall • Concerns with lead agency Town Counsel Guy Krogh • Trying to regulate business process • Not land use issue • Moratoria for what purpose and why • Some locations have allowed this in certain zones o Potential to get revenue • Noise is regulated by NYS as air pollution o Difficult to regulate noise • Takes hundreds / thousands of servers inter-linked to succeed in proof of work – block chain environment Councilperson Joseph Wetmore • Storage containers have been used for this o Storage containers allowed in Rural Agricultural (RA) zone ▪ Limit number of storage containers, unless for farm activities • Do local laws o Storage containers o Noise limits Supervisor Ed LaVigne • Focus on one (1) zone where it would be allowed • Cayuga Operating Company site has already been allocated 50 megawatts Lansing Advisory Committee on Power Plant Future (LAC-PPF) – Councilperson Bronwyn Losey • Does not want this in Industrial/Research (IR) zone or anywhere in Town • Energy use • Noise, etc. Councilperson Andra Benson • Will raise lake temperature • Does not want this at all After lengthy discussion, Town Board decided to have Code Revision Committee discuss this and give recommendation to Town Board. MOTION TO ENTER EXECUTIVE SESSION Councilperson Joseph Wetmore moved to ENTER EXECUTIVE SESSION TO DISCUSS THE PROPOSED ACQUISITION/SALE/LEASE OF REAL PROPERTY WHEN PUBLICITY MIGHT AFFECT VALUE AT 9:49 PM. February 16, 2022 23 Councilperson Bronwyn Losey seconded the motion. All in Favor – 5 Opposed – 0 A SHORT BREAK WAS TAKEN AT 9:49 PM MOTION TO EXIT EXECUTIVE SESSION Councilperson Joseph Wetmore moved to EXIT EXECUTIVE SESSION AT 9:58 PM. Councilperson Bronwyn Losey seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO ADJOURN MEETING Councilperson Joseph Wetmore moved to ADJOURN THE MEETING AT 9:59 PM. Councilperson Andra Benson seconded the motion. All in Favor – 5 Opposed – 0 Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson, RMC Town Clerk