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HomeMy WebLinkAbout2013-09-18 REGULAR TOWN BOARD MEETING September 18, 2013 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 Deputy Supervisor, Sharon Bowman and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Sharon Bowman, Deputy Supervisor Katrina Binkewicz, Councilperson Robert Cree, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: Kathy Miller, Supervisor ALSO PRESENT: Guy Krogh, Town Attorney, Steve Colt,Park Superintendent and Recreation Director, Pat Pryor, Tompkins County Representative, John O'Neill, Village of Lansing, Dan Veaner, Lansing Star Lyndsey Beaudin, Joe Stofega, Roger and Marilyn Hagin, Connie Wilcox, Irene Tyrell, Chuck Crandall, Doug Dake, Lois Hulbert, Sue Ruoff, Ed Wagner, Gary Tyrell, Ted Laux,Rick"Dicker"Lind, Brenda and Tiffany Lind and several other attendees. VOLUNTEER CITIZEN AWARD Deputy Supervisor Sharon Bowman stated that in 2012 the Lansing Town Board established the Viola Miller Citizen Volunteer Award. This award recognizes a Lansing Citizen, or group for their dedicated service to the Town of Lansing and the quality of life for all who live and work in our community. Tonight we are honoring our 2013 Volunteer Citizen Award to Richard Rick/Dicker Lind. She asked Rick,his wife Brenda and daughter Tiffany to come forward to receive this award from Steve Colt, Parks and Recreation Superintendent. Steve Colt thanked the Town Board for having this award to recognize volunteers. He stated that Lansing is blessed with top notched volunteers and especially in his department. The volunteers are the engine that drive his department and are something they could not operate without. Mr. Colt then presented the following award: TOWN OF LANSING VOLUNTEER CITIZEN AWARD RICHARD "RICK/DICKER" LIND Wick Lind started coaching for the Lansing recreation Department in the spring of 1988. After his three children aged out of the programs he continued volunteering with the umpiring Program and in 1994 joined the 'Youth Baseball Board. rick took over the responsibility of recruiting student umpires, training them and scheduling them to cover all games. .7-le is still performing these duties and has never been paid for his efforts. .-fis responsibilities include paying the umpires that create spring and summer jobs for many students. Wick's record keeping and attention to detail is excellent and in very few cases where a student could not make a game, rick is still seen underneath the gear behind the plate umpiring. �fis long term dedication and loyalty to the Baseball/Softball program is exceptional and difficult to find these days. ricks also the president of the Quad County Babe Ruth Baseball League a position he has held since 1998. This volunteer position involves coordinating youth baseball-for students age 13-15 for all of the towns in and near Tompkins County. we holds September 18, 2013 1 organizational meetings that set the rules and schedules along with organizing the season ending playoffs for both the 13 year old Prep league and Babe Ruth league. Wick's dedication, consistency and experience make him invaluable to the youth in the Town of Lansing Baseball and Softball programs along with the many youth that participate from other towns in the Quad County Baseball league. The Town Board of the Town of Lansing along with the Lansing (Recreation Department wish to thankand commend 1Richard"cRjckJDicker"Lind for over 20 years of dedicated and continuing service to the Lansing Community. On this 18th day of September 2013 we hereby present: The 2013 volunteer Citizen Award to cichard"cickJDicker"Lind: Stephen P. Colt,Director Parks &Recreation Kathy Miller,Supervisor Katrina Binkewicz, Town Councilperson Robert Cree, Town Councilperson Edward LaVigne,Town Councilperson Ruth Hopkins,Town Councilperson OPEN PUBLIC HEARING—LOCAL LAW#4 OF 2013 Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON LOCAL LAW#4 OF 2013,A LOCAL LAW TO OPT-OUT OF SECTION 487 OF THE NEW YORK STATE REAL PROPERTY TAX LAW at 6:10 pm. Councilperson Ruth Hopkins seconded the motion. All In Favor- 4 Opposed- 0 Jay Franklin, Director of Tompkins County Assessment stated that §487 of the Real Property Tax Law allows for an exemption of any increase in value due to the installation of a solar, wind, or farm waste energy system. New York State Real Property Tax Law governs what you can and can't do in regards to Real Property Taxation. Some exemptions you have to opt into, forced to be in or some you can choose to be in. This particular exemption you are in unless you decide to opt out. As it currently stands the Town of Lansing provides a 15 year exemption for any increase in assessed value due to the installation of the solar,wind and farm waste energy systems. Tompkins County, Ithaca City School District and the Town of Enfield have opted out due to the Black Oak Windfarm in the Town of Enfield. If they did not opt out that commercial generating facility would be taxable. If you don't opt out any commercial entity that is generating electricity is treated the same as solar panels on residential property. You are not penalizing homeowners right now by opting out of this exemption. Based upon the sales that the Assessment Department has seen in the Real Estate Market there has been no documented effect on the property value upon resale from installation of small scale residential and commercial solar systems. The Assessment Department is currently taking exemption applications just in case it ever does add to the value and this would allow them to be exempted off. If you were to opt out anybody who installs those panels from now on runs the risk of being taxable if in fact in the future they show a premium of value. Councilperson Ruth Hopkins asked if the Town of Lansing could opt back in. Jay Franklin stated that was correct, there are towns that have opted out, a windfarm has gone in, and then opted back in. A new windfarm was planned, they opted out, that went September 18, 2013 2 through a pilot negotiation then they opted back in. It is a revolving door type of exemption. Councilperson Edward LaVigne stated for clarity, he installs a wind turbine on his property and it increases in value is it taxable or not? Jay Franklin stated they have not seen where that shows a premium to value. Someone is not going to pay more for your property because of that turbine. Mr. LaVigne stated he understood that but if that happens does he get taxed an additional value if we opt out. Jay Franklin stated that is correct if you opt out. Mr. LaVigne stated that if we opt out, which we plan on doing, that means if all of a sudden this becomes very popular and you see an increase in value that would result in an increase in assessment and tax. Jay Franklin stated that was correct. Mr. LaVigne stated it is just as though you were putting a deck or additional room on. Jay Franklin stated that was correct. Jay Franklin stated that the Lansing School District has not opted out. Joe Stofega, of EnterSolar a New York based Solar Developer who is exploring a solar project with Cargill addressed the Town Board. He stated that there is a lot of work to do and they are excited to be exploring and looking at a solar project in Lansing. The large properly executed solar project will provide clean energy and benefit Cargill along with the Town of Lansing. The NYS Tax Exemption Market Based Incentive Program was put into place by NYS and supported by Governor Cuomo. EnterSolar was awarded the Market Based Incentive from NYS for the Cargill project. The project in Lansing competes across NYS against other solar projects. An additional tax could be detrimental to the project as well as inhibit other projects going forward. CLOSE PUBLIC HEARING—LOCAL LAW#4 OF 2013 All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING ON LOCAL LAW#4 OF 2013,A LOCAL LAW TO OPT-OUT OF SECTION 487 OF THE NEW YORK STATE REAL PROPERTY TAX LAW at 6:18 pm. Councilperson Katrina Binkewicz seconded the motion. All In Favor-4 Opposed- 0 CONSIDER: RESOLUTION APPROVING AND ADOPTING LOCAL LAW#4 OF 2013 RESOLUTION 13-119 RESOLUTION AUTHORIZING OPTING OUT OF REAL PROPERTY TAX EXEMPTION FOR SOLAR,WIND,AND FARM WASTE ENERGY SYSTEMS PER REAL PROPERTY TAX LAW § 487 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Section 487 of the New York State Real Property Tax Law allows for an exemption of any increase in value due to the construction of a solar, wind, or farm-waste energy system and, to date, County Assessment has found that the installation of small- scale residential and commercial solar systems has not had an effect on property value upon resale; and WHEREAS,New York State does not make provision for the Town to distinguish between small-scale residential and large-scale commercial power generation facilities for the purpose of this exemption, and while the Town wishes to encourage the development of clean, alternative means of producing energy on a large scale, it recognizes that this priority must be balanced with the pressing fiscal needs of local governments and schools; and WHEREAS, the Town's ability to achieve that balance is served by being able to negotiate, in collaboration with other affected taxing jurisdictions, a payment-in-lieu-of- tax (PILOT)plan with the developers of large-scale installations, and by opting-out of the September 18, 2013 3 Section 487 exemption, it is the intent of the Town to encourage developers of large-scale wind, solar, and farm-waste energy systems to negotiate PILOT agreements in good faith with the affected taxing jurisdictions; and WHEREAS, a decision to opt-out of the Section 487 exemption may be re-considered and the exemption restored by the Town at its discretion at any time in the future; and WHEREAS, a public hearing on proposed Local Law#4 of 2013 was duly noticed and held upon September 18, 2013, and the input, testimony and evidence given thereat were duly considered; and WHEREAS, this action is classified as a SEQRA Type II action such that no environmental review is required; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that proposed Local Law#4 of 2013, entitled"A LOCAL LAW TO OPT- OUT OF SECTION 487 OF THE NEW YORK STATE REAL PROPERTY TAX LAW" be and is hereby approved and adopted in the form as presented to this meeting, and in such form"be it so enacted"; and it is further RESOLVED, that in accord with § 21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said § 21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law § 27 (said filing may be made by delivery to the State Records and Law Bureau, Department of State, 41 State Street, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Edward LaVigne , and put to a roll call vote with the following results: Councilperson Katrina Binkewicz -Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on September 18, 2013. TOWN OF LANSING, TOMPKINS COUNTY,NEW YORK LOCAL LAW NUMBER 4 OF 2013 A LOCAL LAW TO OPT-OUT OF SECTION 487 OF THE NEW YORK STATE REAL PROPERTY TAX LAW Be it enacted by the Town of Lansing as follows: ARTICLE 1. TITLE. This Local Law shall be referred to as "Local Law#4 of 2013." ARTICLE 2. PURPOSE AND INTENT. It is the intent of this Local Law to provide no exemption from taxation as authorized in Real Property Tax Law Section 487. September 18, 2013 4 ARTICLE 3. EXEMPTION FROM TAXATION. No exemption from taxation shall be applicable with respect to any solar or wind energy system or farm waste energy system. ARTICLE 4. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State. TOMPKINS COUNTY REPRESENTATIVE —PAT PRYOR Handouts of the following report and information were provided: To: Lansing Town Board From: Pat Pryor, Representative, Tompkins County Legislature Date: September 18, 2013 Re: September report 1. A proposal has been introduced in committee by the County's Environmental Management Council and other concerned groups that would prohibit the use of plastic "grocery" type bags at stores in Tompkins County. Pros and cons of the proposal are being discussed in various forums, but a formal resolution has not yet been introduced to a Standing Committee. I have sent out an email message to my list of "Lansing Residents" to get feedback on the concept. If you are interested in learning more about the issue and other County issues that may arise and are not on my distribution list please feel free to provide me with your name and email address and I'd be happy to add you to the list. 2. County Administrator, Joe Mareane, introduced his Administrative Budget for 2014 at last evening's meeting of the Legislature via a power point presentation that I would like to share with the Town Board at some point in the near future. I have not had time yet to study the several hundred page document of supporting information that accompanied the power point presentation, but here are a few highlights: a. Total expenditures under the recommended budget would be $160.2 million, a 2.85% increase over 2013. Local dollar spending would increase $81.6 million or 1.6%. The property tax rate would rise by 13 cents to $6.93 per $1000 assessed value. An owner of an average $160,000 home would pay $21 more next year under the proposed budget. b. The recommended budget preserves essential County services at a time when the economy is improving slightly, but dependence on County services remains high. It would keep County reserves slightly above the 10% goal set by the Legislature. I would like to talk more with you about the County budget in coming weeks, but need time to study it further before going into further details. 3. A third issue that is receiving a lot of attention right now is the request by the "Workers Rights Center" and its supporters to strengthen the County's commitment to a "livable wage" by ensuring that everyone in Tompkins County, especially those working for County contractors, is paid at least the equivalent of the Alternatives Credit Union verified "living wage", which is +/-$12. The issue was introduced to the Legislature by contract workers at the Solid Waste and Recycling Center. It is important to note that the County was one of the earliest entities in Tompkins County to commit to assuring that its entire staff was paid a living wage and is a "Certified Living Wage Employer" under the standards of the Workers Rights Center. September 18, 2013 5 The question of how to calculate a living wage is complicated for public bodies by bidding regulations such as "prevailing wage" requirements in contracts and whether or not the Contractor's employee receives health insurance. A working group was formed to study the issue and has been exploring options for several months with a great deal of input from Workers Rights Center representatives. A modification of current County policy has been proposed by the working group. The modified language would give clearer guidance to Department Heads and other decision makers on County Staff as to how and when to determine if a living wage should be a requirement in any given contract. It would also spell out more clearly which groups of workers would be exempt from the living wage requirement; including temporary workers, youths in internship type jobs, workers in sheltered workshop environments, etc. The next discussion of the living wage issue will be at the Government Operations Committee, of which I am Chair, next Tuesday, September 24, at 10am in the Legislature Chambers of the Governor Tompkins Courthouse at 121 E. Court St. in Ithaca. Public comment is welcome. I am very interested in hearing your reactions to any of the above topics or others. Please feel free to stay in touch. The best email address to use is plp3 @twcny.rr.com and my home phone number is 607-319-0507. Respectfully submitted, Pat Pryor Broadband Project Update September 17, 2013 *Please note that all information provided is as accurate as can be determined at this point in the project. As a project that will serve parts of 2 counties, including multiple towns, it must be recognized that its complexity brings new challenges every day. Nevertheless our private partner, Clarity Connect, Inc., is reasonably certain that the build-out projections in this report can be met. Review: The approximately $3 million broadband project received a $2.2 million state grant to bring high-speed Internet to 95% or more of the involved towns. The original proposal included 14 towns, but 2 towns in Tompkins County and 3 towns in Cayuga County were not funded by the state. By re-engineering the project and by contributions from the Town of Ledyard and the Cayuga County Legislature for towns in Cayuga County and $25 thousand from Black Oak Wind Farm for the Town of Enfield significant portions of the unfunded areas will be able to receive service. In fact some towns, including Enfield, will be restored to the original project design. Additional fund-raising and a commitment from the Caroline Town Board have allowed the poles needed for the Caroline build-out to be purchased. However, funds are still lacking for the equipment to be installed on the poles in Caroline. There is also a small portion of Caroline that will need to have a fiber installation. Overall Timeline: Work to mount and test equipment on pole-towers will begin in late September. The expectation is to bring 2 or 3 pole-towers online per week, starting in November, with a total of 68 towers to be brought online in the 14 towns. Making an allowance for weather, it is expected that the project will be 100% operational by July of 2014. The caveat to this time frame is that the state has still not completed the process required to release the funds needed to finish the project. The September 18, 2013 6 funds that Clarity Connect, Inc. borrowed will allow for completion of about 80% of the project, but state funding will have to arrive in order for the project to be completed. Scheduling Service Availability: The method of deciding the order by which areas will receive service is a two-step process. First to go online will be areas where the most people have registered for service. However, the proportion of people that have signed up for the service can also be a factor, given the differences in population density in various areas. In other words, an area that has 15 people with everyone signed up might get online before an area that sees 60 households, but only 20 are signed up. At this time the 2 towns with the most sign-ups are Lansing and Genoa, with Danby being 3rd. Some people in Lansing are already receiving service because of the project re- engineering. By the end of September, 2013, about 85% of households in Lansing should have service availability. By the end of 2013 service availability in Lansing should be complete. The Town of Genoa should be about 75% covered by the end of September, 2013. Conclusions: At full build-out, and assuming that no money needs to be diverted in Enfield to pay for a light on the tower, we expect, at minimum, 96% coverage of unserved households in Newfield, Enfield, Danby, Groton and Lansing. Only 40% of the Town of Caroline is covered in current projections, but if money is found to complete the build-out we expect 93% coverage. There is a portion of Caroline that will require a fiber build-out to reach the desired coverage level. The project expects to serve over 5703 households/businesses upon completion and Clarity Connect, Inc. is hoping for at least a 40% subscription rate 3 years after the infrastructure build-out is complete. Pat Pryor, Chair Tompkins County Special Committee on Broadband The maps below show the expected time-line for build-out of wireless broadband Internet service in the Town of Lansing, starting with the first map on September 15, 2013 and ending with the completed build-out by December 31, 2013. Dates are approximate within two-three weeks. If you are waiting for service and have not contacted Clarity Connect, Inc. to let them know of your interest in receiving service, please do so ASAP at 257-8268 or on the Internet at www.clarityconnect.com. Color coding for the maps is as follows: Solid Red-served by Time Warner Cable Red Dots-household locations Blue,yellow and white-Clarity Connect expects to be able to serve. By Sept. 15th: September 18, 2013 7 • • •I lilli 1 . . V 4 d 44. , "I . 41, . Ai i , Ill.:. . 's. Ire •,4, . . . ' 1 u .fii; ii" ii ill . .1 1%., fiY0 v . .4 1 4 I .4 t v j l, 16. 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PRIVILEGE OF THE FLOOR LIMITED to 20 MINUTES with a MAXIMUM of 3 MINUTES PER SPEAKER Jay Franklin, Director of Tompkins County Assessment reminded everyone that they must register with NYS Tax Department in order to receive the Basic STAR property tax exemption. All homeowners should have received a letter from NYS with instructions on how to register on www.tax.ny.gov. or by calling (518)457-2036. The STAR Exemption is available for owner-occupied,primary residences where the combined income of resident owners and their spouses is $500,000 or less. The registration was prompted by double dipper multiple homeowners receiving duplicate exemptions. Senior Citizens receiving the ENHANCED STAR property tax exemption are not affected by this new requirement and will still receive their applications from the Tompkins County Assessment Department. The deadline is December 31, 2013. Roger Hagin stated that at the last meeting the dissolution of the Sewer Committee would be announced at tonight's meeting. September 18, 2013 10 Councilperson Katrina Binkewicz stated that a deadline of September 15, 2013 was set at last months meeting, (Resolution 13-118 on August 21, 2013). The Sewer Committee was unable to meet until today and a final summary statement report was received which finalized the dissolution of the committee. HIGHWAY SUPERINTENDENT'S REPORT Jack French, Highway Superintendent is attending a training seminar and Councilperson Edward LaVigne reported that they are still working on culverts from the water damage. The message sent by Deputy Highway Superintendent, Charlie "Cricket"Purcell was that things are moving forward and if anyone has questions or concerns to contact him at the Highway Department. PARK and RECREATION DEPARTMENT REPORT AND LANSING PATHWAYS Parks & Recreation 9/18/13 Town Board Meeting RECREATION • All of our fall programs are now up and running. They include JR and SR YFL Football teams, two Flag Football teams, two Youth Cheerleading teams, Varsity Cheerleading and 24 Youth Soccer teams. This totals just over 300 participants in action this fall. • Our 2 small fry teams completed the weigh-in certification event on September 7th and opened the season this past Sunday against Moravia. Both of our teams are well organized and prepared. • All of our Cheerleading teams have cheered at their respective levels and each will cheer in a competitive event at the end of the season.... Youth —Varsity. • Ski Program registration actually went into the schools today. There are some big changes this year with our program moving to Wednesday nights after being on Monday's for many years. • Our new Cooking Camp, Horseback Riding and after school Karate are currently taking registration forms. Our adult exercise classes are on-going; however, our adult Open Swim will be late in starting this fall due to pool construction. PARKS • The 23rd annual Prisoner of War and Missing in Action Recognition Day WATCH FIRE at Myers Park this Friday September 20th at 7 PM. • The volume of people in Myers Park has definitely slowed following the Labor Day weekend. However we still have pavilions rented and campers. We are actually almost sold out for the Columbus Day weekend. That will mark the end of our season. This was another very good year for our parks, even with all of the rain! September 18, 2013 11 • Little Free Library (LFL) book donation Mary Sullivan has donated a significant amount of great books to be used in the LFL. We will probably start to place these books in the spring. • Pathway update: The "Emily Jonas Trail" Easements have been completed and filed in the Town Clerk's Office. Patrick Tyrrell from the Recreation Department was able to fix the donated lawnmower and it is now in working condition to mow the pathway. CONSIDER RESOLUTION TO APPOINT RICK HAYES AND CHARLA HAYES TO THE LHA BOARD RESOLUTION 13-120 RESOLUTION APPOINTING RICK HAYES AND CHARLA HAYES TO THE LANSING HOUSING AUTHORITY BOARD The following Resolution was duly presented for consideration by the Town Board: WHEREAS, on May 2, 2012 the Lansing Town Board passed Resolution 12-91 requesting a Special Act of the New York State Legislature Authorizing the Town of Lansing Housing Authority Board Consist of Seven Members; and WHEREAS, the Town Clerk of the Town of Lansing forwarded a certified copy of the Resolution to House of Representatives, Richard Hanna,New York State Senator, Michael F. Nozzolio and New York State Assemblywoman, Barbara S. Lifton; and WHEREAS, on June 12, 2012 Senator Michael F. Nozzolio introduced Senate Bill S.7428 on behalf of the Town of Lansing, that would increase the amount of members of the Town of Lansing Housing Authority Board from five to seven; and WHEREAS, on September 28, 2012 the Town Clerk of the Town of Lansing sent Senator Michael F. Nozzolio a letter inquiring on the status of Senate Bill S.7428; and WHEREAS, in October of 2012 Senator Michael F. Nozzolio informed the Town Clerk that this measure was not acted on by the State Assembly and therefore was not adopted into law; and WHEREAS, Senator Michael F. Nozzolio will reintroduce the legislation for the 2013 Legislative session; and WHEREAS, on October 22, 2012 the Town Clerk sent NYS Assemblywoman Barbara S. Lifton a letter requesting support of the Senate bill in 2013; and WHEREAS, on July 12, 2013 Senator Michael F.Nozzolio informed the Town Clerk that Senate Bill 5.5071 which he introduced on behalf of the Town of Lansing, that would increase the number of members on the Town of Lansing Housing Authority Board from five to seven was approved by Governor Cuomo enacting it into law; and WHEREAS, the Lansing Housing Authority Board has recommended that Rick Hayes and Charla Hayes be appointed to fill the two additional seats on the Board; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Rick Hayes and Charla Hayes are hereby appointed to the Lansing Housing Authority Board, commencing September 18, 2013 and expiring December 31, 2017. September 18, 2013 12 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on September 18, 2013. CONSIDER RESOLUTION APPROVING EMPLOYMENT OF PART-TIME RECREATION ASSISTANT FOR THE LANSING DROP IN PROGRAM DISCUSSION Councilperson Edward LaVigne asked if this was replacing another individual or if there would be additional funding needed. Deputy Supervisor Sharon Bowman stated that this position was replacing Laci Hoyt who worked in this capacity for four years and has resigned. Karen E. Baur was a regular substitute with the program. RESOLUTION 13-121 RESOLUTION HIRING KAREN E. BAUR PART-TIME RECREATION ASSISTANT FOR THE LANSING DROP IN PROGRAM The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town Board of the Town of Lansing has accepted the resignation of Laci Hoyt as Recreation Assistant for the Lansing Drop In Program and; WHEREAS, said position, Part-Time Recreation Assistant, for the Lansing Drop In Program was sought to be filled; and WHEREAS, the Town Board had previously interviewed for a posted and advertised part-time position, and WHEREAS, an acceptable and qualified individual was 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 Karen E. Baur be and hereby is approved to be employed as a Town of Lansing Grade 2 Employee, as a Part-Time Recreation Assistant, for the Lansing Drop In Program, with such employment to commence September 19, 2013 at the rate of$11.07 per hour. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins -Aye Councilperson Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on September 18, 2013. September 18, 2013 13 CONSIDER RESOLUTION FROM THE APPLICATIONS FOR THE RFP REVIEW COMMITTEE DISCUSSION Councilperson Robert Cree read the following resolution to all present. Councilperson Edward LaVigne asked if committee member Jonathan Kanter was a voluntary or paid consultant. Deputy Supervisor Sharon Bowman stated that this was part of his Planning Consultant position. Connie Wilcox asked how many RFP's were received. Deputy Supervisor Sharon Bowman stated that she was aware of two. Councilperson Robert Cree stated that the second one was the phase itself, some have argued that this be construed as a third. RESOLUTION 13-122 RESOLTUION APPOINTING THE MEMBERS OF THE TOWN OF LANSING TOWN CENTER RFP REVIEW COMMITTEE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing earlier this year distributed a Request for Proposals (RFP) for development on the Town-owned parcel # 31.-1-16.2 in the Town Center on Auburn Road; and WHEREAS, the Town received several proposals for development of the site, including a mixture of townhouses,patio homes, senior rental housing and ground floor retail with offices or apartments on the second floor; and WHEREAS, the Town Board wishes to have Town of Lansing residents play a key role in determining how the Town Center will evolve over the next 5 or 10 years; and WHEREAS, the Town Board of the Town of Lansing has determined a need to form a committee to evaluate such proposals for development; and WHEREAS, the Town Board posted and advertised for applications from individuals wishing to serve on the Town Center RFP Review Committee; and WHEREAS, after review of applications received, the Town Board of the Town of Lansing wishes to appoint the members of the Town Center RFP Review Committee; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing appoints the following Town Center RFP Review Committee Members to perform the assignment of reviewing and evaluating responses to the Requests for Proposals: Planner Jonathan Kanter, Councilperson Robert Cree, Planning Board Member, Gerald Caward, Community Members: Daniel Adinolfi, Deborah Trumbull, Sarah Thomson, and Amanda Steinhardt. The questions of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Accordingly, the following Resolution was approved, carried and duly adopted on September 18, 2013. September 18, 2013 14 CONSIDER RESOLUTION APPROVING PURCHASE AGREEMENT FOR PROPOSED BONE PLAIN WATER TANK PARCEL AND CONSOLIDATED WATER DISTRICT IMPROVEMENT PROJECT DISCUSSION Councilperson Edward LaVigne stated that everyone received the appraisal and asked if anyone had the information on the first proposal. Counsel Guy Krogh stated that there were two pieces of property for consideration. The Town opted for the smaller piece of land based on less piping and the lower cost of $15,000.00 for the land. Counsel Guy Krogh stated that the purchase agreement is conditional based on the water improvement project going forward. RESOLUTION 13-123 RESOLUTION APPROVING PURCHASE AGREEMENT FOR PROPOSED BONE PLAIN WATER TANK PARCEL AND CONSOLIDATED WATER DISTRICT IMPROVEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town is considering a Consolidated Water District ("CWD") improvement project to create needed increased water capacity and pressure, as required by the NYS Board of Health and as necessary and/or desirable to support fire-fighting capabilities, especially in the southeasterly areas of the CWD, and such project envisions a ground tank in the Town of Dryden to be located upon Bone Plain Road; and WHEREAS, the land location, based upon access and elevation, has been identified and the owners of such land are willing to sell the same; and WHEREAS, the Town has had the purchase price independently appraised and verified and finds that the proposed purchase price is acceptable; and WHEREAS, the Town has reviewed the proposed terms of an offer for such land and, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Purchase Agreement be and hereby is approved; and it is further RESOLVED, that the Town Supervisor and Deputy Supervisor be and each hereby are individually and severally authorized to execute such purchase agreement, present the same, and negotiate the final terms and conditions thereof 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 Katrina Binkewicz, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Accordingly, the following Resolution was approved, carried and duly adopted on September 18, 2013. September 18, 2013 15 CONSIDER RESOLUTION TO ACCEPT SCLIWC AGREEMENT TO CHANGE 2014 WATER RATE SCHEDULE: DISCUSSION Connie Wilcox asked what the percentage of the increase was. Town Clerk, Debbie Crandall stated it was a two percent increase. RESOLUTION 13-124 RESOLUTION TO ACCEPT SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE 2014 WATER RATE SCHEDULE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing is a signatory to the amended, supplemental,restated and consolidated agreement of municipal cooperation for construction, financing and operation of an Intermunicipal water supply and transmission system dated as of June 5, 1979, as the same has been amended from time to time, (the "Agreement"); and WHEREAS,pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "Commission"),water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule; and WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS, among other changes, the basic water rate is being increased and the flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars ($4.08). WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed changes be and hereby are approved, by the Town Board; the Supervisor and each Councilperson be and hereby are authorized to execute the SCLIWC Bolton Point Water System Agreement to Change Water Rate Schedule by, for 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 Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree -Aye Councilperson Ruth Hopkins - Aye Councilperson Ed LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on September 18, 2013. CONSIDER RESOLUTION TO RELEVY 2013 WATER AND SEWER CHARGES ON 2014 TAX BILLS September 18, 2013 16 DISCUSSION Town Clerk, Debbie Crandall stated that 208 courtesy reminder notices were being mailed out. Councilperson Robert Cree asked how this was compared to last year. Mrs. Crandall stated it was a slight increase and typically half are received for payment. RESOLUTION 13-125 RESOLUTION TO RELEVY 2013 WATER AND SEWER CHARGES ON THE 2014 TOWN AND COUNTY TAX BILL The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing water and sewer accounts state on the September Meter Read Cards that any unpaid balance after October 10, 2013 will be relevied on the 2014 Town and County tax bills, and WHEREAS, the Receiver of Water and Sewer Rents will send a courtesy reminder letter to all owners and tenants who have a balance of$20.00 or more for the water and sewer charges on their account. WHEREAS, after October 10th 2013, the Receiver will notify SCLIWC (Bolton Point)to remove said amounts from accounts to be relevied on the 2014 Town and County tax bills, and WHEREAS, by no later than November 10, 2013 the Receiver will send the amounts to be relevied on the 2014 tax bill to the Tompkins County Assessment Department. WHEREAS,upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Receiver will relevy the unpaid water and sewer account charges plus a 10% fee on all accounts with a balance of$20.00 or more to the 2014 Town and County tax bills. BE IT FURTHER RESOLVED, that all unpaid water and sewer account charges under $20.00 will be carried over to the November 2013 water and sewer bill. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz-Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on September 18th, 2013. APPROVE AUDIT and BUDGET MODIFICATIONS RESOLUTION 13-126 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 009 DATED 09/18/13 AUDITED VOUCHER #'s 957 - 1047 PREPAY VOUCHER #'s 957 - 960 September 18, 2013 17 AUDITED T & A VOUCHER #'s 68 - 77 PREPAY T & A VOUCHER #'s 68 - 70 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 79,547.72 HIGHWAY FUND $ 216,165.64 LANSING LIGHTING $ 1,281.83 LANSING WATER DISTRICTS $ 17,250.35 TRUST & AGENCY $ 36,402.50 WARREN RD SEWER-CAPITAL PROJ $ 0.00 LANSING SEWER DISTRICTS $ 891.85 DEBT SERVICE $ 0.00 Councilperson Ruth Hopkins seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on September 18, 2013. BOARD MEMBER REPORTS Katrina Binkewicz Ag Committee The committee is finalizing their new plan recommendation and will be sending them to the Town Board and Planning Board for review. There will be a public information session presentation on their recommendations. A time and date will be posted. Little Free Library There has been much success and there is potential for one on the Salt Point Land when the picnic area is setup. The Highway Department is going to help with knocking down the brush that has grown on the overlook view. Dog Walking at Salt Point There continues to be a lot of dog walking on the Salt Point Land. Another dog unit bag station will be voluntarily put in. Edward LaVigne Lansing Seniors—Elevator Project—LHA He announced sadly, that Eileen Cundy, one of the original members of 30 years has passed away. September 18, 2013 18 The Open House for the Elevator Project Dedication is set for September 28th, at Woodsedge from 1:00 pm—3:00 pm. Connie Wilcox stated that the ribbon cutting will be held at 1:30 pm. She commended George Gesslein, President of LHA and Davis Yohe, the CR and Manager at Woodsedge for all the hard work that went into the completed elevator project. More funds need to be raised as currently $7,000.00 of the needed $15,000.00 have been received. Donations are still being collected and will also be taken at the dedication. The good news is that the LHA members will increase from a five to seven member board. What a great problem to have when you have too many volunteers. Connie Wilcox stated that the number of board members was increased to seven but she is concerned that NYS Statue only states five members. She realizes that it did get passed through the Senate and she hopes it lasts. George Gesslein also has this concern. Rick and Charla Hayes will be great assets to the LHA. With the increase it will allow other members to get out of town. She received notification from Deputy Town Clerk, Darlene Marshall that the term of Joyce Rendano expires at the end of this year. She assumes that she will like to continue the service and the LHA will then ask for consideration of her reappointment. Grant Money from the United Way The Recreation Department has received $2,000.00 in grant money along with the Youth Services receiving $2,000.00. Ruth Hopkins TCCOG Workshop With the support of a state grant there will be a workshop piloted in October for Town Board members to address conflict and procedures. Time Warner Cable The Time Warner Cable Committee is collaborating on the revision of contracts that each Town has with Time Warner. A final revised draft will be coming later this month to be reviewed. Health Consortium The Health Consortium continues to review expenses and the reserve requirements. The option of opting into a Flex Spending Account is being looked at. The increase for next year is anticipated to be between 8 or 9 percent. Deputy Supervisor, Sharon Bowman stated that Excellus will honor the Medicare Supplemental Plan for the Medicare retirees for another year. Robert Cree Bolton Point Water Tank The second water tank is well underway off North Triphammer Road. Kathy Miller Monthly Report The Supervisor previously submitted her monthly report for the month of August, 2013 to all Board Members and to the Town Clerk. September 18, 2013 19 TOWN COUNSEL REPORT Arrowood Lane and Whispering Pines Drive Guy Krogh addressed a previous question with concerns on standing water behind Arrowood Lane and Whispering Pines Drive. There was a solution that was engineered in 2003,but the landowners refused to sign the necessary easements to allow this to occur. The water is coming uphill and there was a low point where water could be collected and conveyed into the storm system. The landowners said no and that is why there is still water there. MOTION TO ADJOURN MEETING Councilperson Robert Cree moved to ADJOURN THE SEPTEMBER 18, 2013 TOWN BOARD MEETING AT 7:10 PM. Councilperson Edward LaVigne seconded the motion. All In Favor—4 Opposed - 0 Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall September 18, 2013 20