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HomeMy WebLinkAbout2014-06-18June 18, 2014 1 REGULAR TOWN BOARD MEETING June 18, 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 6:01 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 Bowman, Deputy Supervisor, Jack French, Highway Superintendent, Steve Colt, Parks and Recreation Supervisor, Lynn Day, Code Enforcement Officer, Mike Sigler, Tompkins County Representative, John O’Neill, Village of Lansing, Dan Veaner, Lansing Star, Daniel Adinolfi, Connie Wilcox, Ray Farkas, Ted Laux, Dave and Joyce Heck, Chris Williams, C. Iacobucci, Graham Gillespie, and a few other attendees. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER County Legislature Update for June 18th, 2014 Hello and thanks again for having me. Some big news from the county. First off, the legislature voted to expand the county jail by seven beds at a cost of about $900,000. The savings for not having to board out inmates after the beds are in is about $250,000 a year. I'd been weighing the options for the past six months and I didn't enter this decision lightly. This has been described as a jail expansion. I understand that, but as I said at the meeting, the jail was already expanded; we just put the beds in other counties. We send inmates to other counties to house them. Now, at least for seven men, we won't. We'll still have to board out juveniles and women, but this we'll relieve some of the pressure we've been feeling and it was also the view of multiple agencies that it will help reintegrate these inmates into society. Please remember, jail is not prison. Jail is for under a year sentences and a holding facility for trial and sentencing or just until the case can get in front of judge. I think there are too many people in jail, but sending them to other counties for housing doesn't correct that. I initially supported a 6 month moratorium. It's now June, so I'm satisfied I got that. There are few counties with the commitment to reintegrating prisoners into society that Tompkins County has. We can debate the efficacy of those programs and how to improve them and which ones should be ended, but it cannot be questioned that this county is dedicated to supporting either people in jail or recently released. For many this comes down to the expense side of the equation. Last year, our board out cost $265,682 or $29,000 per board out. 44 of those were women and 33 Juvenile Males, so 77 of those people will still need to be boarded out. If we see a reduction of just 2.3 inmates a day boarded out, this savings offsets the almost $900,000 price tag of the seven new beds and new outdoor recreation area. The savings will be significant and the pay- back time short. Under the anticipated schedule, the renovation project is scheduled to be put out for bid before the end of next month and done by this time next year. The legislature set “At-Cap” 2015 financial goal and guidelines for departments and agencies. The Legislature approved directing the Administrator to prepare a recommended budget that could be supported by a tax levy increase of no more than 2.36%, the estimated level of the County’s State-imposed Property Tax Cap. June 18, 2014 2 The levy increase just over a million dollars from the County’s 2014 levy requires a more than $400,000 reduction in spending and translates into a tax increase of just over $6.00 for the median-value $165,000 county home. Also related to the 2015 budget process, the Legislature approved a Local Law that permits the Legislature to override the 2015 tax levy limit, if it opts to do so as a result of the 2015 budget process. The Local Law was approved by an 11-3 vote, with Legislators Robertson, Michael Sigler, and Peter Stein dissenting. I agreed with Mr. Stein who said his vote stemmed from principle, that he thinks the Legislature should attempt to comply with the cap and that there was no rush to pass the override. Acting on the recommendation of its Economic Development Committee, the Legislature is urging the State Legislature and the Governor to reject proposed legislation, entitled the “Just and Open Business Subsidies (JOBS) Act of 2014,” that would take away the autonomy of local Industrial Development Agencies and require benefits provided through those IDAs to go through the State’s regional Consolidated Funding Application process. Partners in the Tompkins and Cayuga County last-mile broadband coverage project, undertaken by provider Clarity Connect, Inc., have achieved State recognition for outstanding achievement, the award presented June 5 at a ceremony in Albany. Clarity Connect, Tompkins County, and Cayuga County are recipients of a New York State Broadband Champion Award, recognizing “those who have demonstrated outstanding achievements within the broadband industry.” The project was awarded as “The Most Collaborative Broadband Project/Program,” recognizing “an outstanding collaboration of two or more entities (non-profit, businesses, local government agencies) that support broadband service expansion and/or adoption in New York State.” The award was presented at the State’s Second Annual Broadband Summit. Accepting the award were Clarity Connect’s Chuck Bartosch; Tompkins County Legislator Dave McKenna, current chair of the County’s Broadband Subcommittee; and Pat Pryor, who served as Chair of the County Legislature’s Special Committee on Broadband from 2010- 2013, during the time when the project was being developed. County Administrator Joe Mareane presented the Legislature’s Facilities and Infrastructure Committee the Draft Capital Program for 2015-2019. Both the Administrator and several legislators agreed it was beneficial to present the draft for initial review now, in advance of the 2015 budget process, when the program will be reviewed, and perhaps refined, before adoption along with the 2015 County Budget. Part of the County’s 20-Year Capital Plan, the draft Capital Program includes $51.2 million in total spending over the next five years, with $20.8 million in local share, which would be supported through property tax. Solar Tompkins held its first meeting in Lansing earlier this month and it was very well attended. If you are interested in solar panels for your house or business, the next meeting in Lansing is June 21st at the YMCA from 10am to Noon. You can always go to Solar Tompkins on Facebook and Twitter too. Lastly, on Monday, I took a tour with the state of the old girls detention facility in Lansing. I posted some pictures on facebook and it looks like that property will be headed to public auction so it will be interesting to see what goes in there. I want to thank Marcia Lynch whose updates on county business I used extensively for this report. The Tompkins County Comprehensive Plan now appears of his facebook page. MOTION TO OPEN PUBLIC HEARING ON LOCAL LAW #2 OF 2014 TO OVERRIDE THE TAX LEVY LIMIT ESTALISHED IN GENERAL MUNICIPAL LAW §3-C June 18, 2014 3 Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING ON LOCAL LAW #2 OF 2014 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIAP LAW §3-C at 6:20 pm. Councilperson Doug Dake seconded the motion. All in Favor - 5 Opposed - 0 There were no public comments. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:21 pm. Councilperson Ruth Hopkins seconded the motion. All in Favor - 5 Opposed - 0 CONSIDER RESOLUTION ADOPTING LOCAL LAW #2 OF 2014 RESOLUTION 14-79 RESOLUTION ADOPTING AND ENACTING LOCAL LAW #2 OF 2014 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 a Public Hearing was duly held upon June 18, 2014 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereas the public was invited to comment upon the proposed Local Law, and whereat all persons interested in the subject were duly heard and all evidence submitted, if any, was duly received; and WHEREAS, upon due deliberation thereupon, and in consideration of all discussions and matters arising from or in relation to the aforesaid public hearing, the Town Board of the Town of Lansing has hereby Resolved, and thus be it so enacted, as follows: RESOLVED, that Local Law Number 2 of 2014 be and hereby is 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 (of 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). June 18, 2014 4 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Supervisor Kathy Miller, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson 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 June 18, 2014 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2014 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as “Local Law, Number 2 of 2014”. It is the intent of Local Law Number 2, of 2014 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, and to allow the Town of Lansing, County of Tompkins to adopt a Town budget for (a) Town purposes, and (b) any other special or improvement district, and Town improvements provided 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. SECTION 2: AUTHORITY: This Local Law is 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 vote of at least sixty (60%) of the Town Board. SECTION 3: TAX LEVY LIMIT OVERRIDE: The Town Board of the Town of Lansing, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2015 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-C. SECTION 4: SEVERABILITY: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of the Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 5: EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State. Adopted June 18, 2014 MOTION TO OPEN PUBLIC HEARING – ANNUAL STORM WATER REPORT Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING ON THE ANNUAL STORM WATER REPORT at 6:22 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 It was stated that the report is prepared by the Stormwater Coalition of Tompkins County for the period ending March 9, 2014. Said report is signed by Jack French, Highway June 18, 2014 5 Superintendent as an authorized Representative for the Town of Lansing. Copies of the report were made available to the Town Board and the Public. Jack stated that all of the stormwater reports for all the Towns in Tompkins County can be found online. There were no public comments. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:24 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 CONSIDER RESOLUTION APPROVING THE 2014 ANNUAL STORM WATER REPORT RESOLUTION 14- 80 RESOLUTION APPROVING 2014 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 was timely filed in the Office of the Town Clerk for public review; and WHEREAS, a Public Hearing was 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 6:22 P.M., to consider the Annual Storm Water Report, and all persons interested in the subject thereof were duly heard, and a summary and review thereof was duly had; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the 2014 Annual Storm Water Report be and hereby is approved, and once placed into its final form for submission to NYSDEC by the Town’s Highway Department, said report may be signed and certified by the Highway Superintendent or Deputy Highway Superintendent, by, for, on behalf of and in the name of the Town of Lansing, and the same shall be thereafter duly filed with the NYSDEC. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Edward LaVigne, 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 June 18, 2014. PRIVILEGE OF THE FLOOR No one addressed the Town Board. DANIEL ADINOLFI – TOWN CENTER RFP REVIEW COMMITTEE REPORT Mr. Adinolfi presented and reviewed the following report to the Town Board and the Public. June 18, 2014 6 Town Center RFP Review Committee Report to the Lansing Town Board 1 May 2014 Abstract Upon review of the four RFP responses submitted to the Town of Lansing for the development of the Lansing Town Center, the RFP Review Committee recommends that the Town Board advance the planning for developing the Town Center and to do so with three of the four developers that had submitted proposals. The Committee also recommends that Town Board create a plan and formal oversight to ensure a cohesive and comprehensive design to the entire Town Center, and this plan should be stated before development begins. RFP Review Committee Charge and Process The RFP Review Committee (Committee) was commissioned by the Town Board to evaluate the responses to a Request for Proposal (RFP) for the development of a Town Center on town-owned property adjacent to the Town Hall and athletic fields. The Committee evaluated the available RFPs for the Town Center, based on criteria derived from the Comprehensive Plan and the Holt study, the Comprehensive Plan Survey, and direction from the Town Board. The Committee met regularly to review the proposals, discuss the pros and cons of each proposal, and developed a list of questions and concerns to be submitted to the developers based on their proposals. The Committee then held public meetings with the developers to explore each of the RFP responses and to gather Town resident input. The goal of this work was to create a set of recommendations to share with the Town Board based on all this collected information. Description of RFP Responses The Town received RFP Responses from two developers in addition to two proposals that were submitted before the RFP was officially announced. The four developers were Green Square Development, NRP Group, Calamar Enterprises, and Cornerstone. A summary of each RFP response is listed in the table below. Green Square Development Staged development of residential and commercial, starting with duplex slab homes and townhouses, leading to commercial units with apartments above. NRP Group Mixed income and mixed demographic town houses, parking, community center. Calamar Enterprises Senior residential complex, including private safety services, community services, parking. Cornerstone Senior residential complex. Factors from the Comprehensive Plan Survey The Comprehensive Plan Survey, which was organized by the Lansing Comprehensive Plan Committee, asked questions that were relevant to understanding what priorities and preferences the community has with regard to the development of a Lansing Town Center. These findings helped inform the Committee has it reviewed the RFP responses and sought clarifications and additional information from the developers. Some key results from the Survey include: June 18, 2014 7  Town Center should have local shops, services, and residential units, but it should avoid large "big box" stores.  The creation of parks and inclusion of walking paths and green spaces are highly encouraged.  Multiple housing options are desired, including senior, moderate income, and some multi-family.  There is a large preference for light industrial but not heavy industrial.  There is a large preference for energy-efficient buildings and facilities. Recommendations The Committee makes the following recommendations to the Town Board. There should be the development of a Town Center.  The creation of a Town Center will help control and centralize development to protect agricultural areas while still encouraging non- agricultural development in the Town.  There are three existing hamlets within the town (Myers, Ludlowville, and Libertyville/South Lansing. Myers and Ludlowville have limited grown potential due to density and geography, whereas Libertyville/South Lansing has room to grow. The Town Center land is within the Libertyville/South Lansing hamlet.  There is a need for mixed-use development, especially residential and senior residential due to the significant demand that exists in Tompkins County's residential market.  Based on the findings of the Comprehensive Plan survey, the community supports the creation of a Town Center. There needs to be a core of residential units to have the necessary density to support commercial activities in the Town Center.  Without an existing, nearby mass of residents, businesses within the Town Center would have a difficult time attracting patrons. Development should initially focus on residential units before creating commercial properties. Move forward with Green Square, NRP, and Calamar.  These three developers each provide a specific niche.  It would be difficult to rate them, since the three together do satisfy the basic criteria as a group.  If NRP and Calamar come in together, they can more easily finance the infrastructure. Green Square cannot go in without the package sewer plant, and they could defray some of the costs for the other developers. The Town Board should create a plan and formal oversight to ensure a cohesive and comprehensive design to the entire Town Center before any development begins.  This plan might include lot sizes, set-backs, sidewalks, storm water drainage, traffic direction, utility placement, lighting, design features, or plans for maintaining the package sewer plant, for example.  Development of commercial properties should be along Auburn Rd. as well as the new central road that is featured in the developers' plans. If the Town Board decides against working with these three developers, a new RFP for additional development plans should be created.  At this time, these developers are the only ones that had expressed interest in developing the Town Center, so they are the only current options for moving forward with development. If the decision is made June 18, 2014 8 not to move forward, the Town should seek out other developers that may offer more appealing proposals. As indicated in our first recommendation, the Town Center should be developed. Risks of Not Moving Forward There are risks associated with not moving forward with the development of the Town Center.  Leaving the land undeveloped effectively endorses sprawl of residential and commercial property into agricultural areas. The Comprehensive Plan Survey indicated a strong preference to prevent this sort of sprawl and a preference to preserve our agricultural areas.  The County has a limited housing market, which creates higher rental fees overall. The Town Center, as described above, would enhance that market with additional, affordable units, which could help reduce rental fees. Not creating additional residential options would not help reduce the economic pressures on renters.  If the Town moves forward without embracing a comprehensive development plan, and instead chooses to allow development despite the lack of that plan, Lansing could lose control over development in that space. The goals and preferences of the residents will not be represented.  The land is currently not on the tax rolls, and it will remain that way unless it is developed. We, the members of the Town Center RFP Review Committee, submit this report to the Town Board on this date, May 1, 2014. We welcome any questions or requests for clarification. RFP Review Committee Members Daniel Adinolfi, Chair, dra1@mac.com Jerry Caward Robert Cree Jonathan Kanter Amanda Steinhardt Sarah Thomson Deborah Trumbull Councilperson Ruth Hopkins asked whether the committee had specific recommendations concerning the traffic. Mr. Adinolfi stated that the committee recommended a traffic study be done as part of the planning process. Supervisor Kathy Miller stated that experts are needed to give honest opinions, ones that do not have any skin in the game. Councilperson Robert Cree stated that holistically one disadvantage of the committee was that they did not have an overarching concept of what we think should be over there. The Town Board thanked Mr. Adinolfi and the RFP Committee for all the hard work that has been done as well as encouraging them to stay involved. Mr. Adinolfi stated the committee believes that this is the right thing to do and the right direction and encourage the Town Board to do it sooner and not wait. He stated it was an excellent committee to work with. HIGHWAY SUPERINTENDENT’S REPORT 6/18/2014 June 18, 2014 9 1. Village Circle Pump Station – Expected completion date 2nd week in July. Siding and roof is on. 2. Grind Brush Pile (Cayuga County Soil and Water) – The goose is gone along with that pile of woodchips. 3. Woodchips Available – The large pile of woodchips have been double ground and is now available to Town and Village of Lansing residents. If someone needs loader assistance, please call ahead of time to schedule one. 4. Water Line Repairs- Now working on older waterlines and fire hydrant valves. Bolts are being replaced with stainless steel ones. 5. Mowing Roadsides- Half the Town has been mowed once. Jack also stated that the state is now mowing, the earliest and first time in three years. 6. Triphammer Terrace Culvert – This will be a two month project with a projected starting date of mid-July. PARKS AND RECREATION DEPARTMENT REPORT Parks & Recreation Department 6/18/14 Town Board Meeting RECREATION  The spring season for LBP and LSP has ended. The coaches were very good about returning equipment. The downstairs equipment room area is FULL again!  The summer Travel season for baseball and softball is scheduled to start next week. These games take place around the county and will conclude at the end of July. We will have 8 different teams in action this summer.  Staffing for most of our camps has been completed and is very strong again this year.  Several of our summer camps are sold out, however, we still have opening in many of our camps. Mostly a result of have so many choices (40+-) of our own, other local offerings for camps and a smaller population in our target area. This said, we are still on target at around $65K in just summer program fees collected as of now. PARKS  The swim area at Myers Park is scheduled to be inspected next week and open for the season on Monday June 30th. There will also be scheduled Open Swim time at the high school pool.  A ribbon cutting ceremony is set for tomorrow June 19th at 3:30 PM for the remodeling and make-over of the Ballfield restroom by the Girl Scouts. Included are new inside partitions, paint, hand driers, mirrors, drinking fountain, lights, paver walkway and new garden at the end of the building. It was a large project and very well done.  Boat loading chair lift project – has started with the installation of the chair base counter weight. All of the concrete has been donated by Cargill. The design and manufacturing of the lift has all been done via private donations. The lift is June 18, 2014 10 located at our transit dock and should be completed within a couple of weeks. Again, this is a very unique project that will help people with disabilities to access boats that are dockside.  Salt Point continues to thrive and improve. Our second LFL (Little Free Library) has been installed along with several new picnic tables and benches. The trails have been mowed and we have another newly hatched Osprey family in the nest. Check out the new Salt Point web site!!!!  Fireworks and entertainment are set for Thursday July 3rd. This logistics for this event have really developed over the past few years and does work well. This is also the same night of the Ithaca fireworks. A product of this year’s calendar. Councilperson Edward LaVigne stated that this is a community event funded wholly on donations and volunteers. The cost of the dumpsters are shared with the Lansing Lions Club as their chicken barbeque is held on July 4 th.  Concerts are set to start on July 10th.  Pathways – We have additional new energy with the added volunteer time from Ron Gardner. He is working on some drainage issues at several locations on the Town Trail. CONSIDER RESOLUTION APPOINTING GUY KROGH AS SECOND DEPUTY TOWN CLERK DISCUSSION- Counsel Guy Krogh stated that his office (Thaler & Thaler) has 30 to 40 large legal banker’s boxes that go back many years that need addressing. This appointment will make him a Town Official that will allow him to act on behalf of the town in relation to all the town records. He will donate his time to get them consolidated and organized to deliver to the Town Clerk, who will then prepare them for microfiching, and digitalization through TSSERR (Tompkins Shared Services Electronic Records Repository). Councilperson Edward LaVigne stated it was very generous of him to donate his time and thanked him for this service to the town. RESOLUTION 14-81 RESOLUTION APPOINTING SECOND DEPUTY TOWN CLERK TO ATTEND TO TOWN RECORDS MATTERS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing has recently participated in the consolidation and digitalization of Town records as part of a cooperative intermunicipal agreement subject to NYS funded grant, and substantial historical and other records have accumulated over the years in the private law office of the Attorney for the Town, and the Town would like to consolidate such records with all other Town records, but the sheer volume of records makes the same a daunting task; and WHEREAS, many such records are duplicative or have already passed the retention schedules mandated by NYS Archives, the NYSDOE, and Schedule MU-1; and WHEREAS, having the authority to address and act upon official Town records falls, as a matter of law to the Town Clerk, and rather than have the Clerk pour over thousands of documents she is not familiar with, the simpler solution is to have a temporary clerk appointed who is familiar with such documents and the legal requirements for the same so that the records may be consolidated, delivered, and ultimately recorded and digitized; and WHEREAS, upon due deliberation upon the foregoing, now therefore be it RESOLVED, that upon the advice, consent, and direction of the Town Clerk as the appointing authority under the Civil Service Law, Guy K. Krogh be appointed as a June 18, 2014 11 Second Deputy Town Clerk, to so serve in such position as a volunteer without compensation or benefits of any kind or nature, for the sole and only purposes of consolidating and organizing and delivering certain Town documents and records, and that upon taking and recording his oath of office, said Second Deputy Town Clerk shall complete such task 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 June 18, 2014. CONSIDER RESOLUTION TO APPROVE THE 2014 AMENDMENT TO THE MUNICIPAL COOPERATIVE AGREEMENT FOR THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM DISCUSSION- Councilperson Ruth Hopkins stated that this resolution is an amendment to the agreement that would allow more representatives from the labor group. RESOLUTION 14-82 RESOLUTION TO APPROVE THE 2014 AMENDMENT TO THE MUNICIPAL COOPERATIVE AGREEMENT FOR THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the “Consortium”), a municipal cooperative organized under Article 5-G of the New York General Municipal Law, and WHEREAS, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the “Agreement”; effective date of October 1, 2010) that provides for the operation and governance of the Consortium, and WHEREAS, Article 47 of the New York Insurance Law (the “Insurance Law”) and the rules and regulations of the New York State Superintendent of Insurance set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans, and WHEREAS, Section 4705(a)(8) of the Insurance Law provides that the governing board of self-insured municipal cooperative must include representation of unions, which are the exclusive collective bargaining representatives of employees covered by the plan offered by such self-insured municipal cooperative, and WHEREAS, Section K of the Agreement currently in place provides for representation on the Consortium’s Board of Directors (the “Board”) by the Chair of the Joint Committee on Plan Structure and Design (as defined in the Agreement), and WHEREAS, by Resolution adopted on September 26, 2013, the Consortium’s Board approved an amendment to the Agreement to (a) increase the number of labor representatives on the Board; and (b) provide for future increases to the number of labor representatives on the Board in the event the number of participants in the Consortium increases, as more fully set forth in the 2014 Amendment to the Municipal Cooperative Agreement attached hereto as Exhibit “A” (the “2014 Amendment”), and June 18, 2014 12 WHEREAS, Section T of the Agreement provides that any change or amendment to the Agreement shall require the unanimous approval of the Participants, as authorized by their respective legislative bodies, and WHEREAS, the Town of Lansing has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the attached 2014 Amendment, and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, on recommendation of the Government Operations Committee, that the Town of Lansing approves the following: Section 1. The 2014 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium attached to this Resolution is approved. Section 2. The Town Clerk of the Town of Lansing is hereby authorized to execute this Resolution to indicate its approval, deliver a copy thereof to the Board of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. Section 3. This Resolution shall take effect immediately. “EXHIBIT A” 2014 AMENDMENT TO THE MUNICIPAL COOPERATIVE AGREEMENT FOR THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM 5. The Union Members on the Joint Committee on Plan Structure and Design shall select from among the Union Members an individual to serve as an additional at-large voting Labor Member on the Board of Directors of the Consortium. If the number of municipal members on the Consortium rises to seventeen (17), the unions members of the Joint Committee on Plan Structure and Design shall select from among the Union Members an additional at-large voting Labor Member on the Board of Directors of the Consortium. The at-large voting Labor Member(s) along with the Joint Committee Chair shall collectively be the “Labor Representatives” as defined in Section C (11) of this Agreement. If the number of municipal members on the Consortium rises to twenty-three (23), the Union Members may select from among their members a third At-Large Labor Representative to serve as a Director. Thereafter, for every increase of five (5) additional municipal members added to the Consortium Union Members may select from among their members one (1) At-Large Labor Representative to serve as Director. Attached hereto as Addendum “B” is a table illustrating the addition of At-Large Labor Representatives as set forth in this Section. Any At-Large Labor Representative designated according to this section shall have the same rights and obligations as all other Directors. Addendum “B” Illustration of At-Large Labor Representative Calculation Total Number of Participants Total Number of At-Large Labor Representatives <17 1 17-22 2 23-27 3 28-32 4 33-37 5 38-42 6 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Supervisor Kathy Miller, and put to a roll call vote with the following results: June 18, 2014 13 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 June 18, 2014. CONSIDER RESOLUTION TO APPROVE §280-a APPLICATION FOR WOODLAND PARK DISCUSSION- Councilperson Edward LaVigne stated that Highway Superintendent, Jack French and Code Enforcement Officer Lynn Day have reviewed this and are supportive. RESOLUTION 14- 83 RESOLUTION RATIFYING AND APPROVING APPLICATION UNDER TOWN LAW § 280-a RELATING TO WOODLAND PARK BUILDING PERMIT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Steve Cardamone, applicant and developer of the Woodland Park PDA, made formal request and application for findings under Town Law § 280-a so as to allow a building permit in advance of the final dedication of the proposed public highway; and WHEREAS, said § 280-a requires certain findings to be made, each of which are based in and upon a public interest and public safety standard; and WHEREAS, subject to input and verification from the Town Highway Department, it was conditionally agreed that the application would be granted upon specified findings and requirements; and WHEREAS, among such findings and conditions, the Town Board did, and here again does, find and determine as follows: 1. The roadway in question is an officially mapped roadway by virtue of the existing PDA and site plan approvals. 2. The Chair of the Planning Board identified no special issues or objections relative to this application and the prior review of the project by the Planning Board. 3. The Town Highway Department has confirmed the condition of the roadway in question, its improvement as adequate in terms of travel, emergency access, large vehicle support, and roadway geometry. 4. Roadway improvements are 70% complete and, given the input of the Planning Board and Highway Department, and a site inspection by the Town Supervisor, it is determined that the roadway is suitably improved and that the goals of public safety embodied in § 280-a have been reasonably met in terms of the quality and sufficiency of access and the existing improvements. 5. However, while the roadway has been sufficiently improved it has not been formally dedicated or finally inspected for dedication, such that it is not yet a public highway. 6. Hence, a cash escrow deposit of $87,000 shall be required, as a condition of approval, prior to issuance of any building permit, so that sufficient funds exist to complete and dedicate the public highway and installed water lines and CWD improvements. The applicant shall receive the $87,000 of such deposit upon the completion of roadway dedication. June 18, 2014 14 7. It is determined that the roadway is but a month from formal completion, inspection, and dedication. Therefore, as a further condition of approval, all work needs to proceed with due diligence towards completion and dedication of the entirety of such roadway. Partial completion and partial dedication will not be accepted. The applicant must therefore also acknowledge that any delay in completion or dedication may result in the revocation of the building permit or the issuance of a stop work order. Applicant thus, as a further condition of approval, be required to acknowledge and agree that any such revocation or stop work order is and shall be without recourse against the Town or any of its agents, officers, or employees. Applicant shall further be required to agree that the building permit may then only be reinstated, or the stop work order lifted, upon completion and dedication of the subject public highway (and upon the cure of any other building permit or construction violation or defect). 8. No certificate of occupancy shall be issued for any structures constructed until the whole of the public highway has been formally offered for dedication and accepted, and the requisite deed and recording documents filed in the County Clerk's Office. 9. No other permits or approvals or exceptions will be granted prior to completion of, and the finalization and dedication of, such public highway. WHEREAS, and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the prior letter of approval of the Town outlining in similar form the bulk of the conditions and findings above stated by and hereby is ratified and approved by the Town and this Town Board; and it is further RESOLVED, that the required acknowledgement of conditions and related terms may be accomplished by the countersigning of a letter outlining such terms, that the Town Board will dispense with any need for a formal contract under all attendant circumstances, and that the escrow deposit may be made into and pursuant to the terms and conditions of the existing developer’s agreement between the applicant and the Town; and it is further RESOLVED, that upon the concurrence of the applicant with all the terms and conditions stated above, which findings, terms, and conditions are hereby incorporated herein, and upon the delivery of his signature verifying the same and the delivery of the requisite funds making such deposit, the Code Enforcement Officer is hereby directed to issue the requested building permit (assuming compliance with all other requirements there for); and it is further RESOLVED, that subject to such findings, terms, and conditions, the Town Board of the Town of Lansing, upon concurrence of the Chair of the Planning Board and the Town Highway Department, has granted the § 280-a application upon the facts, grounds, terms and conditions herein stated, and thus the Town Board thus duly declared and hereby so again declares that the mapped street is suitably improved, and its completion suitably guaranteed, such that a building permit may issue within the meaning of Town Law § 280-a. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, 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 Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 18, 2014. June 18, 2014 15 APPROVE AUDIT and BUDGET MODIFICATIONS DISCUSSION- Councilperson Ruth Hopkins asked if the budget modifications under General Fund B could be taken from Contingency rather than from Planner Pers. Bookkeeper Sharon Bowman stated that this is in excess of what was budgeted and the only place to take it from is the fund balance. She stated that in the absence of a planner or planning consultant the bulk of this is legal work that has to be done because we don’t have a planner in house. If we had a planner in house at least a portion of this would be covered and there would not be a bill for legal expenses. This will continue until the position is filled. RESOLUTION 14-84 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 006 DATED _6/18/14__ AUDITED VOUCHER #’s _0473 – 0571_ PREPAY VOUCHER #’s 0473 - 0475_ AUDITED T & A VOUCHER #’s 049 - 058_ PREPAY T & A VOUCHER #’s 049 - 050 _ FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 93,712.21 HIGHWAY FUND (DA&DB) $ 54,686.55 LANSING LIGHTING (SL1, 2 &3) $ 1,293.19 LANSING WATER DISTRICTS (SW) $ 57,944.25 TRUST & AGENCY (TA) $ 40,053.33 LANSING SEWER DISTRICTS (SS1, SS3) $ 10,813.38 DEBT SERVICE (V) $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A 06/18/2014 BOARD MEETING FROM TO FOR AMOUNT A1410.400 A1410.130 FROM TOWN CLERK CONTR TO PART-TIME CLERK $ 500.07 INCREASE PART-TIME CLERK AS NEEDED A2705 A7320.110 FROM GIFTS&DONATIONS TO YTH SVCS PERSONAL SVCS DONATION TO LYS-YEP PROGRAM $ 2,000.00 BUDGET MODIFICATIONS June 18, 2014 16 GENERAL FUND B 06/18/2014 BOARD MEETING FROM TO FOR AMOUNT B8020.100 B8010.402 FROM PLANNER PERS TO ZONING-LEGAL SVCS $ 5,165.00 LEGAL SERVICES COVERING PLANNER FUNCTIONS B8020.100 B8020.402 FROM PLANNER PERS TO PLAN BD LEGAL SVCS $6,042.50 LEGAL SERVICES COVERING PLANNER FUNCTIONS BUDGET MODIFICATIONS WATER FUND SW 06/18/2014 BOARD MEETING FROM TO FOR AMOUNT SW1990.400 SW8310.401 FROM CONTENGENCY TO WATER ADMIN-ENGINEERING $ 6,642.62 UNANTICIPATED ENGINEERING SVCS SW1990.400 SW8340.400 FROM CONTENGENCY TO TRANSMISSION & DISTRIBUTION UNANTICIPATED EXPENSES $ 13,370.90 Supervisor Kathy Miller 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 June 18, 2014. BOARD MEMBER REPORTS Doug Dake Roof Repair at the Town Hall Doug along with Lynn Day were able to look at the insulation and the roof. A piece of plywood came loose from the framing and a small 3x3 area of mold was found. It has been remedied at this point with waterproofing. The roof is in decent shape compared to the age of the roof. The insulation is normal and in good repair. There was no evidence of mold anywhere and no interior problems. The drip cap needs repair and Lynn Day is working on estimates that he will discuss at the Work Session Meeting in July. Within 15 years the entire roof will need attention. In the future if the courtroom expansion is done the possibility of replacing the roof could be explored at that time. The bidding process was discussed along with the possibility of adopting a Best Value Local Law. Guy Krogh stated that if you do not adopt this Local Law you have to go with the lowest responsible bidder rule or whatever is stated in the projects. The Town Board will discuss this further at a Work Session Meeting. Edward LaVigne July 3rd Fireworks The fireworks will be held on Thursday, July 3rd at Myers Park along with entertainment for the evening. Bone Plain Road Project Ed received the file from Sharon Bowman and is working with Guy Krogh and Dave Herrick on the Bone Plain Road Project along with Jack French. This pump station will be able to take pressure off until lines can be hooked up. Things are going well. June 18, 2014 17 Ruth Hopkins Tax Cap Ruth has been looking at the numbers in regards to the tax cap and will have more information by July 1st. TC Consortium Health Insurance and Retirement Benefit Ruth has been working with Sharon Bowman and Debbie Crandall on the Consortium’s health insurance benefits for next year and the health insurance for retirees that they are offering. The goal is to offer a good health plan at a reasonable contribution rate. Robert Cree Cash Management Brochures from Chemung Canal Trust Robert had attended a meeting with Chemung Canal Trust on procedures for Cash Management. He provided the handout material that was given at the meeting for Bookkeeper, Sharon Bowman to review. Kathy Miller NYSEG Gas Service Kathy has been meeting with representatives and working with NYSEG in regards to updating gas service. Completion is expected to be in 2015. Bolton Point Kathy stated that Bolton Point is still researching a new minimum bill with projection to be in 2016. Planner Search Kathy asked how the search for the part-time planner is going. Ed stated it is still in the works and three have applied. He thanked Kathy for moving the hiring of the temporary contractor for the Comprehensive Plan to the Work Session in July. Monthly Report The Supervisor submitted her monthly report for the month of May, 2014 to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT Guy Krogh Material for Work Session Guy had previously provided material for the Town Board to review and discuss at the next Work Session Meeting. Robinson Road Matter Guy informed the Town Board that all of the final documents on the Robinson Road matter have been approved and are being signed in California and sent. There will be a resolution authorizing the official execution of this at the next regular meeting. Sharon Bowman Sharon informed the board that the Union Steward from the Highway Department informed her that all union members have received correspondence from the Teamsters Local 317 President, effective August 1, 2014 the Teamsters Local 317 is disclaiming interest in representing the Town of Lansing. The Town of Lansing has not currently received notification. Drop In Program June 18, 2014 18 Sharon stated that there are going to be staffing changes in the Drop In Program. The jobs will be posted on the Town’s website and the County website. No Cost Flu Clinics Sharon informed the board that she will be sending out a memo to staff that is enrolled in the Greater Tompkins County Municipal Health Insurance Consortium to determine if there are subscribers that would be interested in a no cost flu clinic that could be held at the Town of Lansing. MOTION TO ENTER EXECUTIVE SESSION Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS SENSITIVE CONTRACT NEGOTIATIONS AT 7:32 PM. Councilperson Edward LaVigne seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Robert Cree moved to EXIT EXECUTIVE SESSION AT 8:24 PM. Supervisor Kathy Miller seconded the motion. All in Favor - 5 Opposed - 0 Meeting adjourned at the call of the Supervisor at 8:25 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall