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HomeMy WebLinkAbout2015-04-15 April 15, 2015 1 REGULAR TOWN BOARD MEETING April 15, 2015 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 Edward LaVigne, Councilperson ABSENT: Ruth Hopkins, Councilperson ALSO PRESENT: Deputy Supervisor, Sharon Bowman, Town Counsel, Guy Krogh, Highway Superintendent, Jack French, Parks Superintendent and Recreation Director, Steve Colt, Lansing Star, Dan Veaner, Lansing Ledger, Glynis Hart, Connie Wilcox, Dan Adinolfi, Liz Miller, Claes Nyberg, Ted Laux, Maura McCartney, Shea McCartney, Tompkins County Legislator, Mike Sigler, Larry Fabbroni, Jr., Katrina Binkewitcz, Lydia Krogh and a few other attendees. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER TOMPKINS COUNTY LEGISLATURE REPORT Update for April 15th, 2015 Hi. Thanks for having me again. If you haven’t filed your taxes, there’s still time! The biggest news out of the legislature is its support for a joint program to provide a Community Outreach Worker for the Ithaca downtown area. By unanimous vote (Legislator Martha Robertson and Nate Shinagawa excused), the Legislature appropriated $20,000 for that purpose from the Contingent Fund, set aside last fall as part of the County’s 2015 budget process, as part of a partnership involving the City of Ithaca, the Downtown Ithaca Alliance (DIA), and Family and Children’s Service. The Community Outreach Worker Program will target the State Street/MLK corridor extending to Meadow Street, and including the Ithaca Commons and Cayuga Street from the Library through DeWitt Park. The City of Ithaca has allocated $20,000 and the DIA $10,000 toward the joint initiative. Family and Children’s Service has committed to serve as the employer of the Community Outreach Worker. Initially I questioned why the county was paying for this at all. This does seem like a policing issue. The issue arose in large part it’s suspected because of the commons rebuild and people were looking for a new hang out. They started congregating near the library. I don’t want the security guards in the library outside of the library and frankly, the police station is literally a stones throw from there. If the police are not a deterrent to some of the issues that have arisen, a new approach seems needed. This was tried, basically putting a social worker on the street to talk with people who may be having a crisis, in other cities and it work well. There will be a lot of oversight on this position and we’ll see how it works. The library is a county building and I want people to feel safe going there. I don’t think many of these people need a talking to by police, but more of what’s going on here and is everyone, yourself included safe. The other big news is we unanimously approved a three-year Tentative Bargaining Agreement between the County and the Civil Service Employees Association Local 1000, Blue Collar Unit, which covers the County’s Blue Collar employees. The new three-year contract, which runs from January 1, 2015 through December 31, 2017, in part April 15, 2015 2 will provide annual salary increases of 2.25% for each of the three years. The contract, which was ratified by union membership March 30, represents the first contract agreement reached between the County and its employee unions. The Legislature scheduled public hearings on two proposed Local Laws, to take place at its next meeting April 21. One proposed law under provisions of State law would permit the sale of sparkling devices in restricted periods during the year. That measure passed 11-1, Legislator Will Burbank voting no, saying that while the devices are safe enough, they are not harmless, and can cause the risk of fire and injury, especially to children. The other proposed law would ban the sale, application, and disposal of waste associated with oil and natural gas exploration, extraction, and storage activities. That measure was approved without dissent among those present. (Legislators Martha Robertson and Nate Shinagawa were excused.) Also, The Legislature voted to accept and pledge to participate in strategies that will lead to fulfillment of the 2015 Tompkins County Economic Development Strategy, prepared on behalf of the County in a two-year process by Tompkins County Area Development (TCAD). The strategy represents an update of Economic Development Strategies adopted by the Legislature in 1999 and 2006, and carries forward to guide local economic development over the next five years. Supervisor Kathy Miller stated that she hoped that they would be encouraged to stay and hoped they are working on ways to keep them here. She asked if they were supportive of the natural gas line. Legislator Mike Sigler stated they are supportive of the natural gas line and this would be a way to keep them here. To wrap up, we will have our annual budget retreat Monday, April 27th. We’ll see where we start for this year and I’ll let you know how it progresses. Thanks, Mike Sigler MOTION TO OPEN THE PUBLIC HEARING FOR LOCAL LAW #4 OF 2015 Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING ON LOCAL LAW # 4 OF 2015 AMENDING A PROVISION OF LOCAL LAW NO. 1 OF 2013 REGARDING THE VILLAGE CIRCLE-VILLAGE SOLARS PDA LOCAL LAW at 6:10 pm. Councilperson Robert Cree, seconded the motion. All in Favor - 4 Opposed - 0 Supervisor Kathy Miller stated there was no program change. Counsel Guy Krogh stated that in the previous Local Law there was a typo of 12 units and it should read 18 units. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:12 pm. Councilperson Robert Cree, seconded the motion. All in Favor - 4 Opposed - 0 MOTION TO OPEN THE PUBLIC HEARING UPON PUBLIC INTEREST ORDER FOR CWD BOUNDARY CHANGE Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING UPON PUBLIC INTEREST ORDER FOR CWD BOUNDARY CHANGE TO INCORPORATE REMAINING LANDS OF THE PROPOSED WHISPERING PINES PHASE 6 SUBDIVISION, CURRENTLY UNDER REVIEW at 6:13 pm. Councilperson Robert Cree, seconded the motion. All in Favor - 4 Opposed - 0 April 15, 2015 3 Supervisor Kathy Miller stated that this was an extension of the Consolidated Water District boundary. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:14 pm. Councilperson Robert Cree, seconded the motion. All in Favor - 4 Opposed - 0 WATER AND SEWER ADVISORY BOARD – DAN ADINOLFI WATER and SEWER ADVISORY BOARD REPORT April 15, 2015 – Daniel Adinolfi The Water and Sewer Advisory Board (AB) met on April 7, 2015. The AB welcomed two residents to the meeting. First, we talked with the Banfields from Marina Rd. They were interested in hooking into the water district, and the AB walked them through the process and offered some advice on how to proceed. Similarly, Mr. Jacobs of Collegeview Homes joined us to discuss adding a planned residence on Lansing Station Rd. Again, the AB offered some guidance on how best to move forward. Moving on to a discussion of the Bone Plain water tank project, the AB discussed the fact that many of the needed easements have been obtained, and a few more are waiting for some follow-up. The project is still on schedule for getting these easements, and we hope to have all those we need by the end of April. Further discussion of analysis of the administrative costs associated with sewer hook-ups was tabled to the next meeting, which will be on May 12 th 2015 at 6:30 PM. LANSING COMMUNITY LIBRARY REPORT – ELIZABETH MILLER Lansing Community Library Updates to the Lansing Town Board April 15, 2015 Submitted by Elizabeth Miller 1. Save the Date! For the LCL semi-annual book sale and the kick off to the Family Summer Reading Program on June 20, 2015. The book sale will be downstairs at the library and the Summer Reading kick- off event will be Hillby the Skinny German Juggling Boy at 11:00 AM in the Town Hall. The Summer Reading theme this year is “Every Hero Has a Story”. This joint event drew in almost 450 people last year and we hope to draw more this year. 2. On Saturday, April 25, 2015 at 11:00 AM Senator Nozzolio will be visiting the library and we have planned a charter day celebration and thank you to him for his support of our Lansing Library. We will start with a cider and donut reception for the contributors to this year’s logo contest, with all the logo submissions on display in the children’s room. Then local 4-H youth will be presenting their projects from the Public Presentations Program. April 15, 2015 4 3. April 12 to 18 is National Library Week with the theme “Unlimited Possibilities@ Your Library”. The library will again accepted canned food and donations in lieu of fines, with all proceeds donated to the Lansing Food Pantry. 4. “Babies Belong at the Library!” is the tag line of the new Tompkins County “Baby Card” which was launched this month. All babies born in Tomkins County will now receive the new Baby Card. In recognition of this family friendly initiative, there will no longer be overdue fines on children’s board books. 5. We are again partnering with the East Shore Festival of the Arts for their opening event on May 1st, from 6:00 to 9:00 PM. The library will remain open during this time and feature artist exhibits. 6. The LCL annual meeting is April 27, 2015 at 7:00 PM where we will celebrate the receipt of our permanent charter and introduce our library history project. This will be followed by the annual trustee election and vote on April 28, 2015, from 9:00 AM to 8:00 PM. So far we have three incumbent candidates for the three open board positions. We will be asking for a $10,000 increase to our budget, to cover traditional costs increases in utilities, maintenance and staffing, as well as additional funding to support staff changes and an increase in library hours in 2016. PRIVILEGE OF THE FLOOR – No one addressed the Town Board. PARKS AND RECREATION REPORT – Steve Colt Parks & Recreation Department 4/15/15 Town Board Meeting RECREATION  Our LBP Baseball and LSP Softball programs have had the respective coaches meeting and team selection. Games start on May 2nd and currently teams have NOT practiced yet due to weather and field conditions. The T-BALL programs will have team selection and coaches meetings on Wednesday April 29th.  In total we have 300 youth baseball and softball players. This number will most likely grow before the games start.  Adam Heck is running a new 6U & 8U soccer program for us this spring. We were hoping for 20 players and have almost 60 at this point. Hopefully we will get good weather to get all of these programs started.  This year’s Art Show is set for Friday May 1st. It is sure to be another good one. Robin Schuttenberg always does a great job with writing grants and managing the logistics of this show.  This summer’s Program Booklet should be ready by the first week in May. We are getting plenty of calls every week asking, and Robin Schuttenberg has come up with another great looking cover!  This Sunday, here in the board room at 1 PM there is a special event. The local cook book “Dish It Up” will be dedicated to Louise Bement and Carolyn April 15, 2015 5 Montague. Recipes along with samples and the community stories behind the recipes will be shared. The cookbook will be available to purchase for $10.00.  A new Kripalu Yoga program is going to be offered on Tuesday evenings in the Community Center. This will be a 10 week program. PARKS  The park grounds are actually in good shape making it through the very hard winter. We have NOT connected the water meter and turned on the water yet. We are hoping for no leaks, but due to the extreme cold, it will be interesting to see if we will have more than usual….  The summer concert schedule is complete and attached. With this line-up we could break last summer’s attendance records. We need to be lucky with the weather on Thursday nights!  We are having some dog issues in the parks. Again, patrons are allowing dogs to run off leash and are also not cleaning up after their dogs. I have asked Dennis Griffin, our park security person to start now to warn and then write tickets for these two issues. Should this not rectify the current habits, then I will ask the board to have our parks pass a “NO DOG” rule/law. This is most certainly something that we do not want to do, but the current situation is so disrespectful that it will have to be considered.  Our town’s leash law and dog control laws are not what most believe them to be. Guy has done considerable work pertaining to the town’s dog control language and NEEDS to be adopted. Counsel Guy Krogh stated the town used to have a leash law, but in 2010 when the NYS Department of Ag & Markets moved the unfunded mandate of licensing of dogs to the towns, all the towns in the county adopted a uniform local law for dog control. This local law has several serious flaws in it. The only dog control for the park appears in the local rules and regulations for the park. The current Local Law #2 for the Year 2010, Licensing, Identification & Control of Dogs in the Town of Lansing doesn’t have any type of leash law or leash rule or confinement of control law that can be enforced and the violation is $25.00. The Town Board will discuss this further at the Work Session Meeting on May 6 and try to amend and update the current local law.  Geoff Dunn from Tompkins County Solid Waste has offered us the opportunity to host a pilot Public Space Recycling Station here in the Town Hall Parking Lot. I have attached all of the details and photos. The only other station is located at the TC Public Library. The goal of this program is to increase access to recycling in public spaces, allowing residents and visitors to divert more waste throughout the county. Information appears below.  On Wednesday, April 22nd at 7 PM, Dr. Kevin McGowan will give a talk entitled Birds of Salt Point, Why Cayuga Lake Is So Special A talk About Birds and Birding. This event is FREE and will take place in the Town Hall large meeting room.  Stolen Leopold Park Bench from Salt Point. Information appears below.  Toni Adams from Cargill Deicing Technology will be sending a crew of volunteers to work under the direction of Katrina Binkewicz at Salt Point. April 15, 2015 6 WANTED STOLEN LEOPOLD PARK BENCH This handmade bench was taken from the Salt Point Natural Area on April 6th. It has a plaque on it saying “In Appreciation of Friends of Salt Point” although the thieves probably removed this evidence. The bench was made for the community’s enjoyment by volunteers. If you have information regarding the whereabouts of this bench, please call the Town Hall at 607-533-7388. Lansing Parks & Recreation Department invites you to bring your dinner, coolers, and lawn chairs and enjoy pleasant Thursday evenings on the lake at Myers Park listening to some great bands. 2015 Myers Park Concert listing: July 9– 6:30 – Iron Horse Leads off the season this year and is sure to get it all started with a big crowd. If you like “Southern Rock” you can’t miss this concert. Featuring Lansing’s own Mark Armstrong and band mates Ron Brock, Mike Caloroso, Shawn Manning and Steve Peck. Plan on getting to the Park early! July 16 – 6:30 – Bad Alibi Bring your dancing shoes for this one! Bad Alibi will play the best Classic Rock tunes of the 70’s & 80’s you will all remember. Band members are Lansing’s own Scott Hollister on drums and Rob Romano on keyboard and vocals, along with veteran musician Rick Kline on bass and Kenny Romer on guitar. April 15, 2015 7 July 23 – 6:30 – Bad JuJu “A musical marriage of old school & modern rock done right”. Band members are Shannon Rae (lead vocals), Marty Flynn (lead guitar, vocals), Jim Dagnesi (bass guitar, vocals) and Carl Sangiacomo (drums). Bad Ju is proof that Rock and Roll is still alive and well…. July 30– 6:30 –Jorge T. Cuevas & The Caribe Jazz All-Stars Some of the best musicians you will hear anywhere! Their Latin jazz style will inspire thoughts of sunny Caribbean seascapes and hot dance floor improvisation and rhythms! This music will make you move. Lansing’s very own Alejandro Bernard-Papachryssanthou is brilliant on keyboards, Matt Clauhs is awesome on sax and flute, Doug Robinson plays a rock solid bass and Jorge T. Cuevas will keep you on the edge of your seat with burning tempos and intricate rhythms. Their unbelievable sound will have them instantly on your FAVORITES LIST! August 6 – 6:30 – The Destination Band is a 9-pc. dance band with its musical focus in the genres of R&B, Latin influenced material, Swing and Funk/Disco. Three outstanding vocalists and four horns set this group apart from virtually every other group in the CNY area. The band’s “A”-list repertoire is built around the power of the horns. No other group in the area can match the dynamics and crowd motivating force of The Destination. August 13 – 6:30 – Steve Southworth and The Rockabilly Rays Return from last year with a great show and a huge crowd. A long time favorite and the ultimate tribute to the legends of the 1950’s and early 1960’s and boast a HUGE play list! August 20– 6:30 –Tailor Made Central New York’s premier Country act with a smattering of great Classic Rock! Playing the local scene since 1994 and have opened for: Sammy Kershaw, George Jones and even Molly Hatchet. One of the best shows you will see this summer and always a great time! Admission is free but donations will be appreciated! Ludlowville Park Concerts July 17 - 6:30 - Kip and Rich – For the past decade, Kip & Richy have been spending their summers touring around the Finger Lakes entertaining their fans with a mix of new and old tunes. Richy’s AMAZING guitar playing and Kip’s vocals and backing guitar keep their fans returning year after year! July 31 - 6:30 - Marty & Shannon – Locally raised, and a regional favorite! Great originals and covers! Super talent with a large following. Bring your lawn chairs and get to the park early. Lansing Lion’s Club ICE CREAM SOCIAL night. Public Space Recycling in Tompkins County Pilot Program Overview Through this program, recycling bins and signage will be available to the community, in public spaces with high volumes of pedestrian traffic. Existing programs throughout the United States have found success in increasing waste diversion by simply placing bins and signs in public spaces, near existing trash bins, for convenience. The goal of this program is to increase access to recycling in public spaces, allowing residents and visitors to divert more waste throughout the county. Logistics Recycling receptacles, to be placed near existing trash receptacles, will be provided through funding from Tompkins County Solid Waste (TCSW). Working in partnership with municipalities and businesses in pilot areas, TCSW will designate high traffic areas in multiple locations, using criteria from research of similar programs. Considerations for choosing locations include maintenance needs and ease of service throughout the April 15, 2015 8 seasons. Tompkins County seeks a phased approach to implementing the program, starting with one location and later adding new sites. Bins in public spaces will be serviced through Casella, as part of the current residential curbside contract; research of other programs has shown that collection as part of existing routes increases program success. Bin locations might include public spaces such as the Ithaca Commons in 2014, Myers Park in Lansing, or walkable commuter spaces, like Main Street in Trumansburg, or one of the main TCAT Bus Stations. In order to evaluate the effectiveness of this program, TCSW staff will monitor contamination of the public space recycling system, in collaboration with Casella and local partners, varying by location. Research of similar programs throughout North America shows that monitoring for contamination, either by program staff or haulers, is important to the overall success of the program; collaboration between TCSW staff and other stakeholders is also vital to managing bins in public spaces. Outreach To notify the public about this new opportunity, the Communication and Administrative Coordinator will utilize a series of outreach tools. This could include, but is not limited to:  Information posted on RecycleTompkins.org and Facebook  Press Releases & Public Service Announcements  Developing a bookmark about the Public Space Recycling program, including pilot locations  A ribbon cutting ceremony to promote the program and gain awareness of locations  Tabling at events in public spaces that pilot this program  Signs on bins, explaining the program and acceptable items Expansion The public space recycling program will expand, as funding allows, with locations in high-traffic areas, such as parks and community centers, throughout Tompkins County. If the pilot locations show positive results, such as increased waste diversion and public education, additional locations may be set up with bins. April 15, 2015 9 Councilperson Doug Dake asked if this would be composting as well, the same as the Village of Lansing currently offers. He also suggested placing this at the park. Steve Colt stated that is was just as proposed and that if this works well here there could be one possibly placed at the park. This location is a 12 month location. Supervisor Kathy Miller asked how often it would be checked. Steve Colt stated that was his main concern and he was assured that it would be maintained properly. He stated the only other place this is located is at the Tompkins County Library. April 15, 2015 10 RESOLUTION ADOPTING LOCAL LAW #4 OF 2015 RESOLUTION 15-56 RESOLUTION ADOPTING LOCAL LAW #4 OF 2015 REGARDING MINOR AMENDMENTS TO THE VILLAGE CIRCLE-VILLAGE SOLARS PLANNED DEVELOPMENT AREA LOCAL LAW AND MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS IN RELATION THERETO The following Resolution was duly presented for consideration by the Town Board. WHEREAS, by Local Law No. 1 of 2013 the Town enacted Planned Development Area zoning for the Village Circle-Village Solars Planned Development Area (“PDA”), which local law also effectively adopted and implemented a previously reviewed and approved site plan for such PDA, and the Town and the Developers have discovered that due to underground utilities the location of 6 units needs to be changed and an amended site plan and application was accordingly delivered to the Planning Board, which fully reviewed such application and approved the same; and WHEREAS, in relation to such review it was further discovered that Local Law No. 1 of 2013 limited site development to no more than 12 units per building, even though buildings were designed throughout the site plan to have up to 18 units, and research into such issue revealed that the number 12 remained inserted in such local law despite being a typographical error and such number all along should have been 18; and WHEREAS, this proposed amendatory local law is an Unlisted Action under SEQRA and the Town Board, as the sole involved agency for such a local law will need to conduct an environmental review and has caused to be prepared a SEAF, mapping, and related environmental documentation; and WHEREAS, a public hearing to consider the proposed local law was duly held upon the 15th day of April, 2015, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency in this uncoordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s master plan and/or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter has already been referred to County Planning for a § 239 review and County Planning noted no negative county-wide or intermunicipal impacts and had no official or unofficial comments or recommendations in respect of this local law and site plan; and WHEREAS, upon due consideration, the Town Board of the Town of Lansing has hereby RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – amending the boundaries of the CWD - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the April 15, 2015 11 New York SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED, that Local Law Number 4 of 2015 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 (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the State Records and Law Bureau, Department of State, 41 State Street, Albany, New York 12231). The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Edward LaVigne -Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 15, 2015. TOWN OF LANSING LOCAL LAW NO. 4 OF 2015 A LOCAL LAW AMENDING A PROVISION OF LOCAL LAW NO. 1 OF 2013 REGARDING THE VILLAGE CIRCLE-VILLAGE SOLARS PDA LOCAL LAW By Resolution dated April 15, 2015 the Town Board of the Town of Lansing hereby adopts the following local law and, accordingly, be it enacted by the Town Board of the Town of Lansing as follows: Section 1. Amendment to Local Law No. 1 of 2013. Section 3(A)(2)(a)(1) of Local Law No. 1 of 2013 be and hereby is amended to read: “Single family residential dwellings and multi-family dwellings not to exceed 18 units in any one structure or connected but independent structures.” April 15, 2015 12 The proposed changes to the underlying site plan, as reflected in the amended site plan relocating 6 units be and hereby is approved, and any reference in Local Law 1 of 2013 pertaining to the site plan or the incorporation thereof into such local law shall be and be deemed to relate to such site plan, as amended. Section 2. Effective Date. This local law shall take effect immediately. RESOLUTION MAKING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR CWD BOUNDARY CHANGE AND ISSUING CONDITIONAL PUBLIC INTEREST ORDER APPROVING CWD BOUDARY CHANGE FOR UNINCORPORATED AREAS OF WHISPERING PINES SUBDIVISION PHASE 6 RESOLUTION 15-57 RESOLUTION MAKING DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR CWD BOUNDARY CHANGE AND ISSUING CONDITIONAL PUBLIC INTEREST ORDER APPROVING CONSOLIDATED WATER DISTRICT BOUNDARY CHANGE FOR UNINCORPORATED AREAS OF WHISPERING PINES SUBDIVISION, PHASE 6 The following Resolution was duly presented for consideration by the Town Board. WHEREAS, a petition and proposed map, plan, and report duly sealed by a NYS licensed engineer (“MPR”), has been submitted by applicant Richard Thaler to extend the Consolidated Water District (“CWD”) to all of the lands of the proposed Whispering Pines Phase 6 Subdivision, as a portion of the land in such proposed subdivision is already in the CWD and some lands are not in the CWD, and this process will close a loop or hole in the CWD mappings and will bring an additional 59.19 acres and up to 27 new EDUs into the CWD, said acreage being part of TPN 40.-3-2.12, a 66.47 acre parcel located along Warren Road between Tiger Lily Lane and Asbury Road; and WHEREAS, the Town duly issued a Public Interest Order pursuant to Town Law §§ 209- c and 209-d finding that the proposed extension was in the public interest, and the Town Board further: (i) determined and described the boundaries of the proposed district extension(s), (ii) described the improvements to be made; (iii) described the cost of the public improvements; (iv) described the connection fee for the typical user, including permit costs; (v) described the first-year’s and annual user costs for the extension; (vi) described the financing, if any, applicable to the project; (vii) declared the MPR incorporated into the Public Interest Order and Resolution, noted that such MPR described in detail how the financing, hook-up costs, and other costs and expenses, were estimated and computed, and noted that the MPR was filed at the Town Clerk’s Office as required by law; and (viii) declared and scheduled a public hearing to consider the said Public Interest Order; and WHEREAS, the afore-referenced public hearing to consider the proposed CWD Boundary change was duly held upon the 15th day of April, 2015, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard and where after the Town Board considered an uncoordinated SEQRA review of this Unlisted Action as the Town Board is the only involved agency; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of April 15, 2015 13 value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s master plan and/or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, the Town desires to proceed towards establishment of the CWD boundary extension, and finds that all proceedings to date have been in compliance with said Town Law Article 12-A and §§ 209-c and 209-d, and that this extension is in the public interest; and after conducting the aforesaid public hearing and in consideration of all evidence reviewed and considered thereat and otherwise, the Town Board of the Town of Lansing has hereby duly RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – amending the boundaries of the CWD - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED AND DETERMINED, that: (i) the Notice of Public Hearing was published and posted as required by law and was otherwise sufficient; (ii) all property and property owners within the proposed extension of the CWD are benefited thereby; (iii) all benefited properties and property owners are included within the said extension; and (iv) the establishment of said extension is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said CWD extension are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of all that land identified as 59.19 acres of a 66.47 acre parcel located along Warren Road between Tiger Lily Lane and Asbury Road, TPN 40.-3-2.12, as shown and described in the MPR on file at the Town Clerk’s Office, and as shown and described further in the deeds so described at the Tompkins County Clerk’s Office, to which reference is hereby made; which maps and descriptions are expressly herein incorporated; and it is further RESOLVED AND DETERMINED, that the construction and improvements identified in the afore-described Public Interest Order and Resolution be and the same are hereby approved and authorized, and the provision of services of the CWD be and the same are hereby authorized and to be provided to such areas of district extension after issuance of the Final Order of formation of this district extension, and the CWD shall incorporate the above-described lands by boundary amendment; and it is further RESOLVED and ORDERED, that this Resolution is subject to permissive referendum pursuant to Town Law §209-e and Town Law Article 7, and that the Town Clerk publish April 15, 2015 14 and post a Notice of Referendum as soon as is possible and at least within 10 days of the date of this Resolution. The question of 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 Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 15, 2015. RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN ANNUAL HIGHWAY WORK PERMIT WITH THE NYSDOT RESOLUTION 15-58 RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN ANNUAL HIGHWAY WORK PERMIT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing, hereinafter referred to as “Permittee” from time to time receives permits from the New York State Department of Transportation, hereinafter referred to as the “NYSDOT” and otherwise conducts activities and operations upon highways and/or within right-of-way controlled by the State of New York for such purposes as the obstruction, installation, construction, maintenance and/or operation of facilities; and WHEREAS, Permittee’s access and operation upon state right-of-way is conditioned upon compliance with Highway Law Sections 52,103,203 and/or 234, including the conditions that Permittee assumes all responsibility for (a) the temporary control of all modes of traffic (including motorized and non-motorized travel) affected by Permittee’s operations, (b) complete restoration of state facilities to their condition prior to permitted use of activity, and (c) all claims, damages, losses and expenses; and NOW, THEREFORE in relation to all operations and/or actions undertaken within the state right-of-way, Permittee hereby agrees to the following terms and conditions: 1. Permit Applications. Excepting only activities undertaken to protect public safety because of emergency conditions or incidents, Permittee shall provide timely written notice to NYSDOT of operations or activities affecting state right-of-way. Under normal circumstances, a minimum of five business days’ notice shall be provided. Notification of emergency activities shall be provided to NYSDOT as soon as practicable after the activity. The Permittee shall apply for project-specific permits for activities not allowed under any existing annual permit. Such application shall identify proposed project locations, desired dates/hours, proposed work/activities, traffic control, and site restoration. 2. Applicable Rules, Regulations & Conditions. Permittee shall comply with all of the laws, rules and regulations applicable to construction, maintenance activities and operations and shall further comply with such terms and conditions that may be imposed by NYSDOT in connection with permitted activity or operations. Temporary Traffic Control, highway safety appurtenances, and restoration of state facilities shall be completed in accordance with NYSDOT regulations and standards. 3. Site Restoration. Permittee shall, at its own expense, promptly complete the work allowed under each permit and, within a reasonable time, restore State property damaged by its work/activities to substantially the same or equivalent condition as existed before such work was begun as determined by the Commissioner or his/her April 15, 2015 15 designee. In the event that the Permittee fails to so restore damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Permittee, may restore the property to substantially the same or equivalent condition as existed before the Permittee’s work/activities, in which case, Permittee agrees to reimburse the reasonable expenses in connection therewith. 4. Payment & Release of Liens. Permittee shall be responsible for the payment of all costs and materials relating to its work in the public right-of-way, and agrees to defend and save harmless NYSDOT against any and all lien claims made by persons supplying services or materials to Permittee in connection with Permittee’s work. 5. Indemnity. In addition to the protection afforded to NYSDOT under any available insurance, NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site or in any way associated with Permittee’s activities or operations, whether undertaken by Permittee’s own forces or by contractors or other agents working on Permittee’s behalf. To the fullest extent permitted by law, the Permittee agrees to defend, indemnify and hold harmless the State of New York, NYSDOT, and their agents from and against all claims, damages, losses and expenses, including but not limited to, claims for personal injuries, property damage, wrongful death, and/or environmental claims and attorney fees arising out of any such claim, that are in any way associated with the Permittee’s, activities or operations under any and all permits issued using this Undertaking. FURTHERMORE, Permittee hereby warrants that the obligations of this Undertaking are backed by the full faith and credit of Permittee. Permittee may insure or bond any of the obligations set forth herein, or may rely upon self-insurance, budgeted funds, or funds for general operations. WHEREAS, this Undertaking shall be applicable to all permitted activities and operations undertaken after the date of execution and work initiated while this Undertaking is in effect. This Undertaking may be revoked by the Permittee or rejected by NYSDOT upon thirty days written notice but will continue to apply to all permitted activities/operations that were permitted by virtue of this Undertaking. Unless terminated for the purpose of future activities/operations, this Undertaking shall have a term of twenty (20) years and shall be kept on file to facilitate the issuance of future permits to which it will apply; and WHEREAS, upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing agrees to the terms of this Undertaking, and has caused its execution by authorization of the Town Supervisor. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 15, 2015. RESOLUTION APPROVING WHITING, BLOOD AND MAPES OUTSIDE USER AGREEMENTS FOR CWD RESOLUTION 15-59 RESOLUTION APPROVING WHITING, BLOOD, AND MAPES OUTSIDE USER AGREEMENTS FOR CONSOLIDATED WATER DISTRICT April 15, 2015 16 The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town Board previously, and in accord with existing local laws pertaining to water and sewer districts and services within the Town, appointed a water and sewer advisory board (“WSAB”), and in accord with its duties and functions the WSAB has considered certain outside user requests for the Consolidated Water District (“CWD”) arising in connection with the Bone Plain Water Tank Project, and the WSAB has issued a recommendation to approve such outside user requests, subject to approval by Town Counsel of the final form of agreement, including that the applicant be required to support future extensions as well as pay a rate that will equalize payments to make them comparable to inside the CWD users to cover capital costs; and WHEREAS, the Town’s CWD Local Law only allows outside users to receive water from the CWD or any of its extensions when approved by the Town Board and an adequate contract for services is executed that complies with law in several material respects; and WHEREAS, said action is a Type II SEQRA action for which no environmental review is required, and upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the outside user agreement for Blood, Mapes, and Whiting, be and hereby are each severally approved, and that permission is given to tap into C WD water mains once constructed, and this resolution and approval are and remain subject to all requirements in such outside user agreement, including that the installation be at the expense of the Applicants, that the applicants approve any future boundar y change or district extensions covering their lands, and that the Applicants are responsible to obtain and pay for all easements, approvals, and permits necessary therefor; and it is further RESOLVED, that the Town Supervisor or Deputy Town Supervisor be and each is severally authorized to execute each such outside user agreement by, for, on behalf of, and in the name of the Town of Lansing. The question of adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded b y Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 15, 2015. APPROVE AUDIT and BUDGET MODIFICATIONS RESOLUTION 15-60 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 004 DATED _04/15/2015__ AUDITED VOUCHER #’s 252-354 PREPAY VOUCHER #’s 252-260 AUDITED T & A VOUCHER #’s 24 - 31 PREPAY T & A VOUCHER #’s 24 - 26 April 15, 2015 17 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 63,956.14 HIGHWAY FUND (DA&DB) $ 153,363.54 LANSING LIGHTING (SL1, 2 &3) $ 1,384.39 LANSING WATER DISTRICTS (SW) $ 8,691.73 TRUST & AGENCY (TA) $ 34,592.48 LANSING SEWER DISTRICTS (SS1, SS3) $ 2,358.54 DEBT SERVICE (V) $ 0.00 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 Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on April 15, 2015. BOARD MEMBER REPORTS Doug Dake stated he had nothing to report at this time. The Planning Board meeting was cancelled due to members attending the training conference in Lake George. The Emergency Preparedness Committee meeting is scheduled for April 20, 2015. Edward LaVigne stated the seniors are doing well. The monthly library meetings are a great addition to the Town Board meetings. He is working with Emily Franco on the April 27th event at the library. Robert Cree stated the Personnel Committee will be bringing information to the Work Session meeting on May 6th in regards to Section 8 (Employee Benefits) to finalize for adoption by the Town Board at its Regular Meeting on May 20th. It is the intent to approve all the other changes together at a later date. Kathy Miller stated that she will not be able to attend the library event on April 25th with Senator Nozzolio but she hoped that other Town Board members would attend. Kathy stated that Jack Rueckheim will be retiring from Bolton Point the end of May 2015. Current production manager Joan Foote will be replacing Jack to take the General Manager position. Bolton Point is currently looking for a production manager to fill Joan’s vacancy. Kathy praised Sharon Bowman, Guy Krogh, and Dave Herrick for their work on the Bone Plain Road easements. The large seven month project could not have been done without them, they have done a yeoman’s job NYSEG’s Robert Pass has met with Kathy and Mary Ann Sumner, Dryden Town Supervisor in regards to the language in their easements. NYSEG is currently making changes and she is waiting to see the final document. The Town of Lansing has requested an easement on Bone Plain Road from NYSEG for the Bone Plain Road project. NYSEG is asking for $2,000.00 and Kathy has asked Robert Pass to look into the charge to the town. April 15, 2015 18 Monthly Report The Supervisor submitted her monthly reports for the months of January, and February 2015 to all Board Members and to the Town Clerk. Sharon Bowman thanked all the organizations along with Glynis Hart, Dan Veaner, Steve Colt, All Saints Church, Lansing United Methodist Church, St. George Orthodox Church, Lansing Library and others that will be getting the word out on the upcoming cookbook dedication to Louise Bement and Carolyn Montague on Sunday, April 19th in the Town Hall Boardroom at 1:00 p.m. Sharon displayed the cook book that will be available for sale on Sunday for a fee of $10.00 a senior discount will also be available. The event is sponsored by the Town of Lansing and Lansing Loves to Read and there will be sweet treats for all. Louise Bement will also be presenting the history of cooking. She was hopeful that many will turn out to honor these two women. Sue Munson has registered for the NYS Comptroller’s Training Session the middle of May. Items to be discussed at the next Work Session meeting will be the Tax Cap Override and the lease on the town owned property on Auburn Road, (across from the Town Hall). TOWN COUNSEL REPORT Guy Krogh stated in September there was a request from Jack Jenson and his attorney to expand the boundary of the drainage district in Farm Pond Circle. With Jack’s untimely passing he has not heard anything further on this. Guy asked the Town Board to review the draft updated Telecommunications and Cell Tower Law. It has been reviewed by Michael Long, Town Planner and his comments have been incorporated. There is also a draft amendment to the Zoning Ordinance that adds five clauses. The definitional changes are bigger which puts in place an oil and gas ban which the Town Board should review and consider. Guy stated that half of the Bone Plain Road easements are signed, there are another third that are promised or in the mail, this leaves 3 or 4 still up in the air. Guy will send a third letter. Doug Dake asked if everyone has to sign one. Guy stated that whoever doesn’t they would proceed by eminent domain specifically for that property. Dan Veaner asked when construction is anticipated to start. Kathy stated that Dave Herrick has indicated this summer after the bidding process with completion in the fall. MOTION TO ENTER EXECUTIVE SESSION Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS SENSITIVE CONTRACTUAL MATTERS AT 6:57 PM. Councilperson Robert Cree seconded the motion. All in Favor - 4 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Supervisor Kathy Miller moved to EXIT EXECUTIVE SESSION AT 7:46 PM. Councilperson Doug Dake seconded the motion. All in Favor - 4 Opposed - 0 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 7:47 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC