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HomeMy WebLinkAbout2014-05-21 REGULAR TOWN BOARD MEETING MAY 21, 2014 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing,NY on the above date at 6:00 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Kathy Miller, Supervisor Robert Cree, Councilperson Doug Dake, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: None ALSO PRESENT: Sharon Butler Bowman, Deputy Supervisor, Jack French, Highway Superintendent, Steve Colt, Parks and Recreation Supervisor, Guy Krogh, Town Attorney, Mike Sigler, Tompkins County Rep., Dan Veaner, Lansing Star, John O'Neill, Village of Lansing, Bill Chaisson, Lansing Ledger, "Cricket"Purcell, Lynn Day, Ray Farkas, Pat Pryor, Tom Butler, Ted& Martha Laux, Marcy Rosenkrantz, Marlaine Darfler, Dan Konowalow, Doug Baird, Christine Iacobucci, Connie Wilcox, Steve Smith, Stephanie Behler, Daniel Adinolfi, Bruce Johnson, Marjorie Smart, Irene Tyrrell, Rachel Bean, Clara Barrett, Donna Scott, Bert Fortner, Karen Ferris, Steve &Natalia Emlen, Tom Hambury, Melissa Stephenson, Anne Furry, Susan Miller, E. Hegarty, M. Bruce, Chris Williams, Charles Crum,Noel Desch, Dave & Joyce Heck, Linda Hirvonen, Doug Myers, Gay Nicholson, Maureen Cowen, Maureen Carroll, John Dean, Emily Franco, Jase Baese, Karen McGreevey, Mary Helen Cathles, Judy Drake, Mario Hernandez,Vic & Joyce Rendano, Susan Brock, Sarah Thomson, Gerry Monoghan, Dorothy Munson, Hurf Sheldon, Kaylee Drake, Vince Mehringer, Candace Cornell, Sue Ruoff, Gary Tyrrell, Ed Wagner, Dennis Osika, Hannes Maddens, Joseph Wetmore, Karen Edelsten, and several other attendees. TOMPKINS COUNTY REPRESENTATIVE —MIKE SIGLER County Summary for May 21st Town Meeting: The jail expansion continues to be a major issue before the legislature. There was a public input meeting on Alternatives to Incarceration on Monday. The 12 member task force is working on ways to decrease the jail population and if you have any suggestions, please feel free to relay them to me or if you want to communicate with the task force directly you can email Suzi Cook at scook @tompkins-co.org. More than 30 people showed up for the meeting. More funding for Opportunities, Alternatives, and Resources OAR, was requested. Some suggested a"mental health" court similar to drug court, which I thought was interesting. The ideas, while good lead-ins to change, do not negate the fact that we have a larger jail population on a day to day basis than we have beds. The expansion has been redesigned to be a covered space with four walls, two of the walls being unbreakable security glass blocks. I'm looking at the design now and considering the option. My main concern is the people being held would not have an indoor space to recreate basically confining them to their cells at all times which would be unacceptable. This new plan may solve at least that issue. The Legislature failed to set a 2015 financial goal at its May 6th meeting and with one of the legislators gone for yesterday's meeting there was no way to get a goal passed. I voted on a goal that matches what the governor's cap is along with 6 other legislators. Some wanted the goal to be even lower which I would have also voted for. The other 7 legislators wanted a higher goal set. In absence of a goal the County Administrator has advised County departments to meet the goal set by the governor as he couldn't wait another two weeks to get started on the budget and I support him in that effort. The cap would be a 2.36 percent increase, a levy increase of 1.06 million dollars and a more than $400,000 reduction in spending. A public meeting was held yesterday to talk about allowing the legislature to override the governor's tax cap. May21, 2014 1 The Legislature approved allocation to allow Food Net to return to a Living Wage standard. It's in the amount of$16,000. The county is working on the premise of bringing workers under contract with the county for services up to the living wage. Right now we're determining who qualifies as contracted workers. Some would have liked to have seen the county just allocate the 1.8 million dollars to bring all of these workers up to that wage, but this is impractical and is too much of a burden for the county to bear. The other problem here is, Foodnet fell out of living wage because of cuts by the federal government. I wanted to make sure by approving this allocation, we were not tethering ourselves to the whims of the state or federal government. This vote is for a boost of the yearly funding of Foodnet, but does not go further than that. There's still debate over whether there should be a living wage at the county, but that was voted on a decade ago and is the county policy. That's not saying that policy will never change, but there's little support to change it. I'm now on the Library committee which will guide the process of selecting a developer for the old Library site. Dooley Keefer asked me if I would consider leasing the land of the site rather than an outright sale and I would not only consider it, but encourage it. I'm not sure how it would affect a developer's ability to get financing, but it should be considered. You may have read in the paper about the alleged theft at TCAT of some $250,000. TCAT is a separate entity from the county, but we are a major funding source. The matter is still being investigated and the employee is off the job and has been charged. Some good news for TCAT and the county out of Cornell. Cornell will continue to offer free bus service to freshman. The county believes once students actively use the TCAT they continue to use the service. It is also a key funding source for the service. We just did assessment review on Monday and one resident came to contest his assessment. You still have time to file a grievance if you like. The deadline is May 27th and you can file that online at the county website. Just look for the assessment department. Thank you for your time. Mike Sigler PRIVILEGE OF THE FLOOR Twenty five people addressed the Town Board within the hour and fifteen minute timeframe. Twenty four people favored hiring a full time Planner for the Town of Lansing stating responsibilities and listing numerous supporting reasons. Twenty four letters were submitted with twenty three in support and one asking for a moratorium on hiring a full time Planner. All letters will be kept on file in the Town Clerk's Office. In recognition of the people addressing the Town Board, Supervisor, Kathy Miller moved agenda item number 14 to number 6. CONSIDER RESOLUTION APPOINTING TOWN OF LANSING PLANNER BY FILLING EXISTING POSITION AFTER CIVIL SERVICE APPROVALS AND INTERVIEWS DISCUSSION There was no discussion. Supervisor Kathy Miller and Councilperson Ruth Hopkins thanked the members of the public for coming out tonight and addressing the Town Board. RESOLUTION 14-64 RESOLUTION APPOINTING PLANNER FOR THE TOWN OF LANSING BY FILLING EXISTING POSITION AFTER CIVIL SERVICE APPROVALS AND INTERVIEWS THEREFOR May21, 2014 2 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Lansing Town Board has worked with the Supervisor, the County Civil Service Department and the Human Resources Director from the Town of Ithaca over the previous 5 months to establish a job description for a full time Planner for the Town of Lansing; and WHEREAS, the job description for a Planner for the Town of Lansing was duly advertised according to civil service regulations; and WHEREAS, six qualified candidates were interviewed by members of the Town Board, members of the Planning Board, our former Planning Consultant, and the Director of Human Resources for the Town of Ithaca; and WHEREAS, a majority of the Planning Board, the ZBA and the Comprehensive Plan Committee have expressed support to the Town Board for a full time Planner; and WHEREAS, the top two candidates were interviewed, one on April 21 and one on April 23, with no objections voiced or any preference given to any candidate at that time; and WHEREAS, one candidate possessed all of the qualifications described in the job description, including existing storm water certifications, and was willing to pursue Code Enforcement Certification training; and WHEREAS, all references for the candidate attested to his knowledge, work ethic, and ability to work well with colleagues, developers, and residents; and WHEREAS, the Town Supervisor is now presenting a candidate for hire within the previously approved budget parameters for this position, and upon deliberation thereupon, it is hereby RESOLVED, that the Town of Lansing offer the job of Planner, as advertised, to John Zepko, whose application materials are attached, for a salary of $55,000, with standard employee benefits and job class and grade as set by the position per documentation held by the Town Personnel Officer; to start as soon as reasonably possible or on or before June 1, 2014; with such position and appointment to be provisional and probationary for a period of 26 weeks in accord with the Civil Service Rules for Tompkins County. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree -Nay Councilperson Doug Dake -Nay Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Nay Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was not approved or adopted on May 21, 2014. Supervisor Kathy Miller asked Town Board members, Robert Cree, Doug Dake and Edward LaVigne to state their reasons for voting no. Both Councilperson Robert Cree and Councilperson Edward LaVigne stated they did not support the full time Planner in the 2014 budget and both voted"no"when it was considered for adoption. Councilperson Robert Cree stated he is still not convinced that a full time planner is necessary but is willing to listen to his colleagues and look for some compromise, this hasn't happened at this point. Councilperson Doug Dake stated with the density of 700 lots in the Triphammer, Asbury, Hillcrest and Warren Road area sewer is inevitable. With the history of sewer being voted down three or four times in the Town of Lansing, he doesn't see sewer approved unless the developers take and bear the full brunt of it. It is uncertain if they will bring in package plants or rely on septic systems and therefore at this point he doesn't see a need. May 21, 2014 3 He stated that Dave Herrick is the Town's Storm Water guru. He stated that at this point he has talked to and is thinking of the people that put him in office and he cannot go against their wishes. He stated he can't support the full time Planner position. Councilperson Edward LaVigne stated that there was a lot of misinformation, one being Storm Water. The Highway Department has absorbed this position with the same resources they have. He would like to see a part-time consultant who would have specific duties instead of a full time Planner who would have a lot of power. If this doesn't work then he would consider a second alternative. After listening to concerns of the Planning Board and all the different people he doesn't think now is a good time for a full time Planner, after all Jonathan Kanter was part time. Supervisor Kathy Miller stated that the Town has already tried a part time Planner. Jonathan Kanter worked approximately 25 hours a week along with giving many hours that he wasn't paid for. Since 2008 when she became involved she has been thinking about what was needed to help the Planning Board. It was not functioning well, but is now coming around. Money has been instituted to let members go to meetings to increase their knowledge. She stated that a schematic has been done of what it would cost to have a part-time planner as opposed to having a full time Planner. Fiscally a part time Planner makes no sense. She stated that a Planner advises and doesn't have any power or vote. The planner would bring things before the Planning Board for their decisions and then would come before the Town Board for approval. A Planner would bring people together to decide if we want a Town Center and if it would be advantageous along with rezoning Triphammer and East Shore Drive. She stated that we need someone with the expertise to do this. Supervisor Kathy Miller stated that the Town Board needs to move quickly to hire a part time Planner. Supervisor Kathy Miller called for a recess at 7:25 p.m. — Meeting Reconvened at 7:35 p.m. HIGHWAY SUPERINTENDENT REPORT May 21, 2014 1. Village Circle Pump Station Should be up and running by mid-June. 2. Brush Pickup—Town(1 day), Park (1 day) and Village (1 day) 3. Roll Fields at Park, Salt Point and School - Intermunicipal Cooperation with the schools has been provided by the Highway Department for 38 years. 4. Wood Chips—Cayuga County Soil &Water will be double chipping in 2 weeks. The current pile is blocked off due to a goose sitting on a nest, until eggs have hatched. 5. Haul Stone for Next Winter 6. Culvert on Triphammer Terrace—Dave Herrick, Town Engineer is working on all the paper work for the DEC and Army Corp of Engineers. Letters have been sent to all residents in the area. Supervisor Kathy Miller asked Highway Superintendent Jack French to make a list of shared services the Highway Department does for the Lansing Schools. HIGHWAY BID OPENING—TWO PICKUP TRUCKS The following bids were opened today at 10:00 a.m. as advertised. Chevrolet 3500 Chevrolet 2500 or Equivalent or Equivalent Vision Ford Rochester,NY $34,590.00 $27,976.00 Maguire Ford/Lincoln Ithaca,NY $34,517.00 $27,280.00 May 21, 2014 4 Maguire Chevrolet/Cadillac Ithaca,NY $35,958.00 $30,139.00 Metal Pick-up - Councilperson Doug Dake asked Highway Superintendent Jack French if he had looked further into a metal pick-up. Jack stated he had talked to the Town of Caroline Highway Superintendent and they hold a drop off on one Saturday at their Highway barns where residents can take metal. CONSIDER RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE TWO PICKUP TRUCKS DISCUSSION Highway Superintendent Jack French requested that the Town Board pass a Resolution for the purchase of two pickup trucks. Said bids were opened today at 10:00 a.m. and he is recommending the lowest bid from McGuire Ford/Lincoln. RESOLUTION 14-65 RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE TWO PICKUP TRUCKS AS AUTHORIZED IN THE 2014 BUDGET The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Highway Superintendent is seeking to purchase two pickup trucks; and WHEREAS, said trucks were approved for purchase in the 2014 Town of Lansing Budget; and WHEREAS, bids were advertised and opened on May 21, 2014 at 10:00 a.m.; and WHEREAS, Maguire Ford/Lincoln was the lowest bidder who met the specifications of one F350 pickup and one F250 pickup; and WHEREAS, it is the recommendation of the Highway Superintendent to purchase the two pickups from Maguire Ford/Lincoln on 504 S. Meadow Street, Ithaca,N.Y.; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that the Highway Superintendent and Town Clerk be and hereby are authorized to issue a commitment to purchase two pickup trucks from Maguire Ford/Lincoln, each as further particularized upon the bid documents, in the amount of $27,280.00 for one F250 and $34,517.00 for one F350. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller and seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Robert Cree—Aye Councilperson Doug Dake—Aye Councilperson Ruth Hopkins—Aye Councilperson Edward LaVigne—Aye Supervisor Kathy Miller—Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. PARK and RECREATION DEPARTMENT REPORT Parks & Recreation Department 5/21/14 Town Board Meeting May21, 2014 5 RECREATION • All of our spring LSP and LBP softball and baseball teams are in action and half way through their seasons. This "in-house" program ends on Saturday Junel4th. All of our teams will play and finish on this date. • I will host the annual regional Travel baseball meeting for 10U & 12U teams in our area. Coach's get together to discuss rules and schedule games. • We are in the process of registering players for summer travel leagues for 10U and 12U baseball, 12U, 12U and 16U softball as well as PREP and Babe Ruth teams. These teams start play in early June and conclude at the end of July. • The Art Show took place on Friday May 2nd. It was very well attended with every building on our campus open with displays. The art work will be up until July. • Our Summer Program Booklet has been out for a little over a week and we have already taken in $29,238.00 in program fees. We are off to a good start and our booklet contains about 40 different program choices. • The restrooms on the ballfields are getting a make-over renovation by our local girl scouts. They have worked very hard to raise funding to get the job complete. We will be closing it tomorrow and using port-a-johns until the job is finished. This will be a GREAT IMPROVEMENT!!! PARKS • Our crew is continuing to clean up the Park. The winter was really hard on our grounds and we ended up removing some scheduled trees later than planned. The grounds will improve quickly. • Our Health Department inspection took place on May 8th and we opened the camping season on May 9t". We are sold out for this coming Memorial Day weekend along with the months of July and most of August. • We have connected with a hot dog cart vendor and are working out the details and schedules to have them in Myers Park throughout the summer. Councilperson Robert Cree asked if the vendor was responsible for all permits. Steve stated they have their own insurance and all permits are handled by the vendor through the Tompkins County Health Department. • A team of volunteers from Cargill was at Salt Point today planting the free trees and plants supplied by the DEC. This was very helpful. Roger Hopkins had some rough cut lumber and with help from the Lansing Lions Club they have put together some tables. Roger has also taken some lumber to Kendall where benches will be constructed at no charge. CONSIDER RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW#2 OF 2014 TO OVERRIDE THE TAX LEVY DISCUSSION May21, 2014 6 This local law would allow the Town Board to override the tax cap if needed. It is not the Town Board's intent but if they don't pass this there could be serious trouble if something unexpected were to happen. This is recommended by Moody's and it is favorable for credit rating on bonding. Counsel, Guy Krogh stated that when you issue any bonds or bond anticipation notes you pledge full faith and credit of the Town. If you did have any emergencies arise you would then be exceeding the tax cap levy or borrowing money. In terms of keeping fiscal and money management costs low it would be best to avoid the higher interest rates that are associated with tax and revenue anticipation notes. Every Bond Rating Agency and Bond Counsel along with the Auditors recommend this. RESOLUTION 14-66 RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW#2 OF 2014 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a budget for the fiscal year 2015; and WHEREAS, said proposed Local Law proposes: (1)to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins pursuant to General Municipal Law §3-C (2)pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2015 and ending December 31, 2015 that requires a real property tax levy in excess of the"tax levy limit" as defined by General Municipal Law §3-C; and WHEREAS, this proposed Local Law if adopted pursuant to subdivision 5 of General Municipal Law §3-C which expressly authorizes the Town Board to override the tax levy limit by the adoption of a Local Law approved by a vote of at least sixty percent(60%) of the Town Board; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing,New York, being in the Town of Lansing, on the 18th day of June at 6:05 o'clock P.M.,to consider public input and comments upon such proposed Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree -Aye Councilperson Doug Dake -Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly,the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. May 21, 2014 7 CONSIDER RESOLUTION SCHEDULING PUBLIC HEARING FOR ANNUAL STORM WATER REPORT DISCUSSION-None RESOLUTION 14-67 RESOLUTION ESTABLISHING PUBLIC HEARING FOR REVIEW OF ANNUAL STORM WATER REPORT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town's Annual Storm Water Report is prepared and due for the required annual review pursuant to Local and State Laws and related regulations; and WHEREAS, a copy thereof is or will be timely filed in the Office of the Town Clerk for public review; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of June, 2014, at 6:10 o'clock P.M., to consider the Annual Storm Water Report, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. SEQRA: Type II The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. CONSIDER RESOLUTION FOR TOWN LAND LEASE RENEWAL (76 ACRES) RAY SILL DISCUSSION The Town Board discussed the price per acre based on the distance to travel with the needed equipment. Counsel, Guy Krogh stated that the costs for the ownership maintenance for public property are not relevant when you utilize it publicly for health resource and let it as excess property into private hands. The Town's fiduciary responsibility is to maximize the rate that you get on behalf of the public in exchange for the use of the public property. Councilperson Ruth Hopkins asked if the land will be taxable if it is not used for a public purpose. Counsel, Guy Krogh stated he didn't know how the Assessment Department would look at this right now. They are trying to adopt and implement that rule on a statewide basis. May21, 2014 8 Councilperson Edward LaVigne recommended the Town Board pass the resolution and look at it next year in early March. RESOLUTION 14-68 RESOLUTION APPROVING TOWN LAND LEASE RENEWAL 76 ACRES TO RAY SILL The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has had an annual written lease of excess town-owned land with Ray Sill, which lease is up for renewal for calendar year 2014, whereby the Town proposes to lease approximately 76 acres (as shown upon the map at the Supervisor's Office and as described as part of Tax Parcel #31.-1-16.2) to Raymond Sill for such period at the rate of$15.00 per acre, subject to the terms of a standard farm lease to be approved by the Supervisor and Town Counsel; and; WHEREAS, this lease will end on December 31, 2014, and prohibits the planting of any crop that is or may be harvestable after such date; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED and DETERMINED, that such 76 acres are excess property that the Town does not currently need for any operations or existing or proposed public use; and it is further RESOLVED, that the form of the said lease as presented to this meeting is approved subject to (i) the execution of the final form of the lease with terms and language as approved by the Supervisor and Town Counsel, and (ii) a permissive referendum as required by Town Law § 64(3) and Town Law Article 7. RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and each is hereby, authorized to execute such lease 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 Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller- Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. CONSIDER RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW#3 OF 2014 TO COMBINE EXISTING OUTDOOR STORAGE LOCAL LAW AND JUNK ORDINANCE INTO COMBINED AND SIMPLIFIED NEW LOCAL LAW DISCUSSION -None RESOLUTION 14-69 RESOLUTION SCHEDULING PUBLIC HEARING UPON LOCAL LAW#3 OF 2014 TO COMBINE EXISTING OUTDOOR STORAGE LOCAL LAW AND JUNK ORDINANCE INTO COMBINED AND SIMPLIFIED NEW LOCAL LAW The following Resolution was duly presented for consideration by the Town Board: May 21, 2014 9 WHEREAS, the Town has an existing junk and junkyard ordinance appended as a schedule to the Town's Land Use Ordinance and the same is old and outdated, especially considering the adoption by NYS of the Property Maintenance Codes; and WHEREAS, the Town also has an existing business and commercial outdoor storage and inventory storage local law known as Local Law Number 7 of 2004, which regulates outdoor storage and enclosures, which local law is little used and outdated for the same and other reasons; and WHEREAS, a new combined local law entitled as "A Local Law to Regulate Outdoor Storage and Junkyards in the Town of Lansing" seeks to greatly simplify regulating junk, junkyards, and all outdoor storage and includes provisions to: 1. Repeal the prior existing Junkyard Ordinance, being Schedule III of the Town Land Use Ordinance (Town of Lansing Ordinance No. 49), adopted February 4, 1998, and the prior existing Local Law of the Town known as Local Law No. 7 of 2004, being the "Town of Lansing Outdoor Business Inventory Storage Local Law"; 2. To prohibit the accumulation on real property, outside of any building, of any personal property, junk, trash, rubbish, garbage, refuse, debris, discarded materials, bulk items, and/or any other material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare, or creates degradation through unsightliness which creates a public or private nuisance; 3. To exempt certain businesses to limited extents, such as licensed motor vehicle repair shops, a licensed towing company or impoundment yard, and defined Agricultural Operations and agricultural storage areas; 4. To define key terms, such as Agricultural Operations, Certification, Enforcement Officer, Junk, Junk Mobile Home, Junk Motor Vehicle, Junkyard, Junkyard Fencing, Junkyard Operator, Junkyard Permit, Outdoor Storage, Motor Vehicle, Person, Personal Service, Property Maintenance Code, and the Town and Town Board; 5. To provide for exemption certificates and inspection protocols, including the exempting of applicants from such local law in certain circumstances, such as for lumber yards, certain retail facilities, excavation and landscaping businesses, equipment and vehicle repair or fabrication shops, and construction companies, that typically have outdoor storage; but to also authorize the emplacement of conditions for, within, and requirements of any such certificate, including periodic renewals, enforcement proceedings, and revocations of the same; 6. To generally regulate other types of outdoor storage when within 10' of joint property lines, 200' of parks, churches, and other sensitive receptors, 100' of water bodies, or 15' from a public highway or road, and to require compliance in all cases with the NYS Property Maintenance Code or any applicable Junkyard Permit. 7. To require screening and to create Junkyard regulations to limit locations within allowed zones, require fencing and screening, to regulate permissible materials kept in storage, to prohibit burning and burying of any product or waste, to require permits for things and places qualifying as junkyards, to make landowners personally responsible for junkyard management and compliance, to enact special rules for junk motor vehicles and items containing regulated substances, to require log books, and to establish review procedures for permit issuance, enforcement, and revocation, including site plan and environmental reviews, public hearings, and aesthetic and locational considerations; 8. And to enact general and administrative provisions for the granting of waivers, enforcement, violations, fines and penalties, severance provisions, construction rules, liability limitations and Article 78 claims, fees and expenses, and an effective date for such local law; and May21, 2014 10 WHEREAS, the full amended text of this proposed Local Law is on file at the Town Clerk's Office and the Town Board is ready to proceed with public comments and a public hearing upon such Local Law; and WHEREAS, since this Local Law effects no significant new policies or land use or resource regulations, but only simplifies and combines an existing ordinance and local law into a single local law which also incorporates the NYS Property Maintenance Code for many once defined terms and provisions, and because this local law is in the nature of agency administration, this matter is classified as an Unlisted Action under SEQRA; and WHEREAS, the same will also require referral to and review by and comment from the Tompkins County Planning Department under GML §§ 239-1, -m, and—n; and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of July, 2014, at 6:05 pm, to consider the adoption of proposed Local Law #3 of 2014, to adopt a new property maintenance and junkyard local law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk notify the County Department of Planning via a request for a GML § 239-1, et seq., review as soon as is practical. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree -Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. CONSIDER RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW#4 OF 2014 UPON AMENDMENTS TO EXISTING SUBDIVISION LOCAL LAW DISCUSSION -None RESOLUTION 14-70 RESOLUTION SCHEDULING PUBLIC HEARING UPON AMENDMENTS TO EXISTING SUBDIVISION LOCAL LAW BY AND THROUGH PROPOSED LOCAL LAW#4 OF 2014 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town amended the Subdivision Local Law in 2008 to mainly implement some minor operational changes in the review process and implement a system for a quicker review of certain small subdivisions with substantial road frontage and size, then termed as "exempt subdivisions"; and May21, 2014 11 WHEREAS, over time the Town has learned where the problems and issues have arisen with exempt subdivisions and keeping records for the same, and in addition to changes to subdivision rules to update the exempt subdivision rules, the Town Board has also identified changes needed to minor subdivisions to limit the number of exempt and minor divisions allowed before a more substantial review is potentially triggered and to address EPA Phase II Storm Water requirements, as well as to amend the requirements for flag lots to reduce needless applications to the ZBA and require compliance with the fire codes, and to add provisions to have subdivision approvals expire if substantial improvements (as defined) have not commenced within the stated timeframe (3 years), mainly by and through a new § 510 to address such expiration, the material commencement of work as stays such expiration, the process for an application to extend the approval, definitions of substantial hardships, and providing a right to a hearing to challenge any such expiration or any refusal to approve an extension; and WHEREAS, the full amended text of these proposed changes is on file at the Town Clerk's Office and the Town Board is ready to proceed with public comments and a public hearing upon such changes and updates; and WHEREAS, since this local law effects no significant new policies or land use or resource regulations, but only imposes a sunset provision on approvals (which does not disallow extensions or renewed applications to obtain re-approval) and only amends existing rules regarding flag lots and exempt subdivisions, this matter is classified as an Unlisted Action under SEQRA; and WHEREAS, the same will also require referral to and review by and comment from the Tompkins County Planning Department under GML §§ 239-1, -m, and—n; and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of July, 2014, at 6:07 pm, to consider the adoption of proposed Local Law #4 of 2014, to amend the Town's existing Subdivision Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk notify the County Department of Planning via a request for a GML § 239-1, et seq., review as soon as is practical. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree -Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins—Aye Councilperson Edward LaVigne—Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted May 21, 2014. CONSIDER RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW#5 OF 2014 UPON PROPOSED LAND USE ORDINANCE AMENDMENTS, INCLUDING DEFINITIONAL CHANGES AND UPDATES, ALLOWED USE CHANGES PER ZONE OF CLASSIFICATION, AND REGULATORY AND CLERICAL CHANGES AND UPDATES May21, 2014 12 DISCUSSION -None RESOLUTION 14-71 RESOLUTION SCHEDULING PUBLIC HEARING UPON PROPOSED LAND USE ORDINANCE AMENDMENTS, INCLUDING DEFINITIONAL CHANGES AND UPDATES, ALLOWED USE CHANGES PER ZONE OF CLASSIFICATION,AND REGULATORY AND CLERICAL CHANGES AND UPDATES,AS PROPOSED TO BE IMPLEMENTED BY AND THROUGH PROPOSED LOCAL LAW#5 OF 2014 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has been considering many changes and updates to its zoning ordinance for approximately a decade, including changes examined through a zoning committee, a comprehensive plan committee, a town center committee, and a codes committee, and such changes as have been recognized as needed since the last amendment and update to the Land Use Ordinance in 2005; and WHEREAS, many of the changes are updates to comply with law or relate to the correction of errors and omissions in the existing ordinance, including, for example, adding of business and institutional uses that were inadvertently omitted, such as private schools, and the elimination of site planning references to the airport hazard area instead of to the actual site planning provisions; and WHEREAS, the changes implement part of the Planning Board's so-called "List of 100" changes to the zoning ordinance, first compiled circa 2007; and WHEREAS, among the changes are the following: 1. Adding a definition for reception and banquet halls; 2. Changing and expanding the definition of what is a "church," in part to comply with federal law upon such topic; 3. Clarifying that building alterations may require building permits under NYS Building Codes; 4. Expanding the definition of"cabana"; 5. Expanding the definition of a "club" and distinguishing sportsmen's clubs based upon nature of land usage; 6. Clarifying what is a"household pet"; 7. Adding a definition for"deer fencing"; 8. Expanding the definition of"farm"; 9. Expanding the definition of"100-year flood plain"; 10. Distinguishing different types of "garbage" based upon NYS Uniform and Building Codes; 11. Updating the definition of"landscaping"; 12. Updating the definition of what is a "lot" and a "flag lot" and similar lot-based terminology; May21, 2014 13 13. Updating the definition of school, including private schools, and covering federal RLUIPA requirements; 14. Making numerous other smaller word and punctuation changes and updates within the definitions; 15. Adding a Section 501.1 to define the discretionary classification power of the CEO when interpreting definitions and allowed uses; 16. Making many Schedule I changes covering the schedule of allowed, conditioned, and non-allowed uses based upon building and usage classifications per zone, including: eliminating many redundant site planning references; expanding permitted areas for multi-family dwellings, townhouses, and shared housing; changing allowed use areas for storage containers and adding conditions in certain zones; permitting churches and religious uses in every zone; allowing certain clubs in every zone subject to site planning; expanding quasi-public uses (such as youth centers, museums, libraries) to residential zones, but subject to site planning; expanding allowed usages for rooming and tourist homes; changing allowed areas for public stables and privately keeping horses; adding rules for keeping chickens; simplifying the zone restrictions for indoor and outdoor commercial recreation; eliminating certain retail uses in the lakeshore zone; expanding allowed areas for restaurants and taverns; adding allowed use zones for banquet halls and reception venues; permitting vehicle fuel and service shops in the B1 district subject to site plan review; allowing certain near-surface excavation businesses in IR zones and eliminating such uses from R1 and R2 zones; removing certain research businesses from R3 zones; permitting utility connections and expansions in all zones; permitting wind and solar facilities in most zones (wind not allowed in B1 and commercial solar not allowed in RI and R2); adding site planning to certain freestanding solar arrays; and eliminating solid waste recycling or processing as an allowed use, among other changes in numbering systems to correspond to changed conditions and the simplification of site plan references in such chart; 17. Adjusting Schedule II relating to setbacks, yardage requirements, and building lot coverage and height restrictions, to reduce the number of applications to the ZBA for variances due, in most part, to the changing nature of residential and commercial construction; 18. Amending § 604.0 to regulate multiple uses within one structure and clarify that the most restrictive standard applies, even if imposed through site planning; 19. Amending § 609.0 to require garbage and junk to be kept and stored in accord with the NYS Uniform and Building Codes and applicable local laws; 20. Amending the rules for fencing and walls to expand allowed uses and allow for deer and agricultural fencing; 21. Making clarifications and updates to the site planning process by, among other typographical and clerical changes, more clearly delineating the role of storm water and erosion controls, addressing off-street parking, non-public water supply and sewer treatment impacts, driveways and traffic controls, site lighting impacts and "Dark Sky" standards, trees and shrubs and general site improvements, roads and walks, impacts upon CEAs and UNAs and public services, and adopting rules for and addressing the expiration of site plan approvals in § 710.10, including by sun setting any approval if site development does not substantially occur within 3 years of approval; 22. Amending special conditions of Article VIII and special use permit requirements by eliminating special rules for churches and related places of worship, eliminating special rules for commercial recreation and replacing the same with site plan review, expanding B&B requirements to cover rooming houses and tourist homes, eliminating special rules for junkyards and the B1 rules for certain vehicle service stations, eliminating special rules for drive-thru restaurants and convenience stores and light assembly and manufacturing businesses by now simply subjecting such uses to site planning; updating the definition and rules for mother-in-law and accessory apartments, May 21, 2014 14 adding restrictions and rules for storage containers in certain zones to require screening and use as traditional sheds, elimination of certain excavation businesses and referral of same to site planning, updating communication tower rules to require compliance with FCC rules and requirements of the federal telecommunications laws, and clarifying the 30-day referral rule for special permit reviews; 23. Adding revocation of building permits and COs for violations, including under the NYS Building and Uniform Codes; 24. Eliminating the junkyard storage ordinance (in favor of a stand-alone local law); and 25. Making a myriad of other smaller language and clerical changes to make the land use ordinance more readable by amending language throughout such ordinance for uniformity and to effect compliance with modernized requirements of law relating to SEQRA, EPA Storm Water Phase II requirements, RLUIPA and other federal laws, and amendments arising from other similar causes; and WHEREAS, the full amended text of these proposed changes is on file at the Town Clerk's Office and the Town Board is ready to proceed with public comments and a public hearing upon such changes and updates; and WHEREAS, since this land use ordinance amendment considers changes that are material in terms of changing allowed uses within existing zones, the same is classified as a Type I Action under SEQRA; and WHEREAS, the same will also require referral to and review by and comment from the Tompkins County Planning Department under GML §§ 239-1, -m, and —n, and compliance with the special notice and service requirements of Town Law § 64; and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of July, 2014, at 6:10 pm, to consider the adoption of proposed Local Law #5 of 2014, to amend the Town's existing Land Use Ordinance, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with Town Law §§ 264 and 265; and it is further RESOLVED, that the Town Clerk notify the County Department of Planning via a request for a GML § 239-1, et seq., review as soon as is practical; and it is further RESOLVED, that notice of these changes to the land use ordinance be provided by personal service upon: (i) all housing authorities within the Town operating under the NYS Housing Law or as registered as Housing Authorities under NYS Law; (ii) the Clerk of each village or town within or adjacent to the Town of Lansing by land or water; (iii) the Clerk of the Board of Supervisors of Tompkins and any adjoining county; and (iv) the Regional State Park Commissioner of and for any New York state parks or parkways within the Town; all as required per § 264(2) of Town Law. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye May 21, 2014 15 Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2014. DISCUSS TRAFFIC STUDY The Town Board discussed the proposal for a traffic study from East Shore Drive, Waterwagon Road, and Sun Path area, (Novalane Development). The Planning Board has asked for a larger scope to be studied. Supervisor Kathy Miller stated that if this was done the developers could be asked to pay into it so the Town would not have to pay the whole bill. It was the consensus of the Town Board to have someone meet with the Planning Board and discuss a larger area in the traffic study. APPROVE AMENDED AUDIT—APRIL 16, 2014 GENERAL FUND (A&B) DISCUSSION Bookkeeper Sharon Bowman informed the Town Board that mistakenly a reimbursement had been processed in the amount of$198.00 resulting in the amended amount below. RESOLUTION 14-72 Councilperson Robert Cree moved to approve the following amended General Fund (A&B) item line: FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 77,106.64 Councilperson Doug Dake seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree -Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne -Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on May 21, 2014. APPROVE AUDIT and BUDGET MODIFICATIONS DISCUSSION -None RESOLUTION 14-73 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 005 DATED 5/21/14 AUDITED VOUCHER #'s 0356 — 0472 PREPAY VOUCHER #'s 0356 - 0359 AUDITED T & A VOUCHER #'s 037 - 048 PREPAY T & A VOUCHER #'s 037 - 041 May 21, 2014 16 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 129,623.26 HIGHWAY FUND (DA&DB) $ 68,695.38 LANSING LIGHTING (SL1, 2 &3) $ 1,295.13 LANSING WATER DISTRICTS (SW) $ 183,412.40 TRUST & AGENCY (TA) $ 44,303.97 LANSING SEWER DISTRICTS (SS1, SS3) $ 555.86 DEBT SERVICE (V) $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A 5/21/2014 Board Meeting FROM TO FOR AMOUNT A1990.400 A9040.800 FROM CONTENGENCY TO WORKERS COMP INS 1,176.00 INCREASE IN WORKERS COMP RATES BUDGET MODIFICATIONS GENERAL FUND B 5/21/2014 Board Meeting FROM TO FOR AMOUNT B9060.800 B9040.800 FROM HEALTH & MED INS TO WORKERS COMP INS 220.00 INCREASE IN WORKERS COMP RATES BUDGET MODIFICATIONS HIGHWAY FUND DA 5/21/2014 Board Meeting FROM TO FOR AMOUNT DA909 DA9040.800 FROM FUND BALANCE TO WORKERS COMP INS 539.00 INCREASE IN WORKERS COMP RATES BUDGET MODIFICATIONS HIGHWAY FUND DB 5/21/2014 Board Meeting FROM TO FOR AMOUNT DB909 DB9040.800 FROM FUND BALANCE TO WORKERS COMP INS 318.00 INCREASE IN WORKERS COMP RATES BUDGET MODIFICATIONS WATER FUND SW 5/21/2014 Board Meeting FROM TO FOR AMOUNT May21, 2014 17 SW1990.400 SW8310.401 FROM CONTENGENCY TO WATER ADMIN-ENGINEER 11689.29 UNANTICIPATED ENGINEERING SW1990.400. SW9040.800 FROM CONTENGENCY TO WORKERS COMP INS 196.00 INCREASE IN WORKERS COMP RATES Councilperson Edward LaVigne seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree -Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller-Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on May 21, 2014. BACK-LOT EXTENSION ON HILLCREST ROAD Supervisor Kathy Miller stated that there is a request for a back-lot extension at 51 Hillcrest Road. Counsel Guy Krogh stated in 2013 (Resolution 13-115) authorized the preparation for the map,plan and report for 5 consolidated water district back-lot extensions. Since this map,plan and report has not been prepared the new back-lot extensions can be included. The Town currently has a CWD Outside User Agreement. The homeowner pays 1.5 times the current water rate until a map, plan, and report is approved to join the CWD. BOARD MEMBER REPORTS Doug Dake Fire Department Doug referred to Connie Wilcox who reported that nothing exciting is going on at the Fire Department. Liaison Officer Doug stated that he would be glad to take on more liaison appointments. Edward LaVigne—Nothing to Report Ruth Hopkins Grant Workshop On May 20th, Ruth and Steve Colt attended the Grants Workshop in regards to the Consolidated Funding Application. Steve and Ruth have also met to see what the Town of Lansing would qualify for. Said application is due June 16, 2014. Robert Cree Internal Audit Robert informed the Town Board that the Audit requirements have been completed. He is unable to locate Judge Howell's annual checklist. RFP Committee Robert indicated that the Committee will be coming to the Work Session Meeting. Kathy stated that they will be on the agenda for the Regular Meeting on June 18, 2014. Kathy Miller Monthly Report The Supervisor submitted her monthly report for the month of April, 2014 to all Board Members and to the Town Clerk. May21, 2014 18 PSC—Cayuga Power Plant Kathy informed the Town Board that she will be traveling to Albany on July 22nd in regards to the PSC ruling over Cayuga Power Plant. Doug indicated he would be interested in going. Upgraded Gas Service Kathy indicated she is working with a developer to upgrade gas service. They are working with NYSEG who has indicated upgraded gas service by 2015. Town Planner Kathy stated that we need to get busy on hiring a part time Planner. She stated she has no idea if it is a Civil Service position and asked someone to take this on and contact Steve Estes. If it is a consultant such as Jonathan Kanter, it is not Civil Service. She indicated that once you reach 30 hours a week you have to offer full benefits. TOWN COUNSEL REPORT Guy Krogh Guy stated that he has two items for Executive Session. 1. The Town has received favorable information back from the Court of Appeals. 2. A personnel position in regards to a records retention issue. Hit List Guy indicated he distributed today a top 10 list from the annual hit list for Board members review. Sharon Bowman Bond Renewal for Drake Road Sharon is waiting for interest rate quotes for the Bond Renewal on Drake Road. She will email the information to Town Board members to eliminate a Special Meeting. NYS Association of Towns Comptroller's Workshop Sharon indicated that Sue Munson attended a two day NYS Association of Towns Training Class in Rochester that was offered through the NYS Comptroller's Office. Included in all the information she brought back, they are going to being looking at two policies that the Town doesn't have in place yet. One is an investment policy and procurement policy. The Town does have a current procurement policy but it needs to be reviewed. MOTION TO ENTER EXECUTIVE SESSION Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION AND A PARTICULAR PERSON IN A PARTICULAR JOB FUNCTION AT 8:30 PM. Councilperson Edward LaVigne seconded the motion. All in Favor—5 Opposed- 0 MOTION TO EXIT EXECUTIVE SESSION Supervisor Kathy Miller moved to EXIT EXECUTIVE SESSION AT 9:28 PM. Councilperson Edward LaVigne seconded the motion. All in Favor—5 Opposed- 0 Meeting adjourned at the call of the Supervisor at 9:29 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall May21, 2014 19