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HomeMy WebLinkAbout2015-05-20 May 20, 2015 1 REGULAR TOWN BOARD MEETING May 20, 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 Munson, Deputy 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: Town Counsel, Guy Krogh, Highway Superintendent, Jack French, Parks Superintendent and Recreation Director, Steve Colt, Lansing Star, Dan Veaner, Village of Lansing, John O’Neill, Connie Wilcox, Dan Adinolfi, Ted Laux, Maura McCartney, Tompkins County Legislator, Mike Sigler, Katrina Binkewitcz, Stephanie Behler, Suzanne Hinderliter, Marlaine Darfler, Dave and Joyce Heck, Bill Hinderliter, Steve Franco, Brian Manning, and a few other attendees. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER TOMPKINS COUNTY LEGISLATURE REPORT Update for May 20, 2015 Hi and thanks for having me again, Before I get to our meeting highlights, there’s some news from the Hornbrook Road incident. Tompkins County will receive assistance from the U.S. Justice Department for a technical review of the two-and-a-half-day barricading incident. That standoff ended January 2, after David Cady was found dead inside the house from a self -inflicted gunshot wound. The technical assistance, which will be provided to the County at no cost, will include an after-action technical review and will identify "lessons learned" based on best practice. The program will also assist in identifying strategies for improving community relations. The entire exercise is estimated to take six to eight months once a final plan is in place. In relation to that incident, former Undersheriff Derek Osbourne has written a scathing 9 page letter condemning the Sheriff Ken Lansing for his actions that night and for his general running of the Sheriff’s department. The Sheriff is an elected official as you know and while the legislature funds the department, it does not oversee the Sheriff. The voters do that. It’s unclear yet what the legislature reaction will be to the letter and if any action will be taken if there is an avenue for action available. At the May 5th Meeting, Legislature Adopted its 2016 Financial Goal. It directs the County Administrator Joe Mareane to prepare a recommended operat ing and capital budget that can be supported with a tax levy increase of 1.3%. The 1.3% levy increase, which equals approximately $600,000 over the 2015 property tax levy, would meet the currently estimated State-imposed property tax cap for Tompkins County, 1.3%. It’s unclear yet, what that will mean for the tax rate, but it is estimated that, based on current data, the 1.3% levy increase would increase the cost for a median-valued $165,000 county home by approximately $15.00. That should come back to voters as will be under the cap. May 20, 2015 2 The Legislature approved a new Local Law to establish a sustainable energy loan program in Tompkins County. The program will provide property assessed clean energy (PACE) financing for local energy-related improvement projects by implementing the Energize NY Benefit Financing Program. The PACE program offers low-cost long-term financing for energy efficiency and renewable energy projects, supporting up to the entire project cost, for existing properties owned by a commercial or not-for-profit entity, with repayments collected by the municipality through a charge on the tax bill. While commercially owned multi-family residential properties are among the types covered, non-commercial residential properties are not. The Legislature, by unanimous vote amended the County’s Capital Program to incorporate a $575,000 renovation to the first-floor lobby area of the County’s Mental Health Building and the Legislature approved nine separate bond resolutions, authorizing up to a little over $7 million in bonding, to finance of a range of projects, all authorized as part of the County’s Capital Plan. In what seemed to be the most divisive vote of the night the Legislature, by a split vote of 6-7 turned down a proposed new Local Law that would have allowed the sale of sparkling devices in restricted periods during the year. I voted against it in large part because our Lansing Fire Chief came out strongly against it. The Legislature, without dissent, passed a resolution in honor of former County Board of Representatives Member Stuart Stein, who passed away in June of last year and was remembered at a memorial service May 3. At last night’s meeting, the legislature voted down NY State moving ahead with a single payer plan for healthcare. It is a bill currently in front of the Assembly. I expect it to pass at the legislature’s next meeting. I voted against this. My reasons are manifest. The bill before the county legislature says people will be able to keep their current doctors. I not only don’t believe that, I don’t think that’s how other countries run their single payer plans. It’s being touted as “Medicare for All” while I see it as “Medicaid for All.” I see a new tax on those people between 26 and 65 who will then still have to buy private healthcare insurance. I don’t foresee teachers, municipal workers as just two examples, giving up their very good and hard fought for benefits for this system. Lastly, this new bill says the ACA money will go to support it. It’s unclear if not only that can legally happen, but if after the Supreme Court rules next month, if those subsidies will be available to NYS. The proposals to redevelop the old Library are in the last stage. The three proposals are posted for review on the County web site at: http://www.tompkinscountyny.gov/planning/community-planning/oldlibrary. The committee will next meet in early June, with the goal of presenting a recommendation to the full Legislature by its June 19 meeting. Lastly, there will be two public hearings coming up you all will be interested in. “Repowering Alternatives to Utility Transmission Reinforcements” have been scheduled at the Lansing Middle School July 29th. You can expect many people for and against the repowering of the Cayuga Power Plant to be there. I’m not sure on the exact time, but will get that to you as it gets closer. Thank you, Mike Sigler WATER AND SEWER ADVISORY BOARD – DAN ADINOLFI WATER and SEWER ADVISORY BOARD REPORT May 20, 2015 – Dan Adinolfi May 20, 2015 3 The Water and Sewer Advisory Board (AB) met on May 12, 2015. We had a number of guests at this month’s meeting. First, we spoke with the Coleman’s from Emmons Rd. They were looking for guidance on connecting their property to the existing water district on their road. Based on their needs, the state of the district, and the fact that there are no engineering issues with including their property, the AB recommends to the Town Board that an Outside User Agreement be created for the Coleman’s Emmons Rd. property. Next, a number of residents from Lansing Station Road inquired about adding additional properties on Lansing Station Rd. to the water system. The AB offered some history as well as some advice regarding the steps needed and costs of a district extension versus the creation of individual Outside User Agreements. The residents plan to poll their neighbors to gauge interest in the creation of a district extension, and the AB made itself available to answer any questions that may arise throughout that process. The AB moved on to a discussion of the Bone Plain Rd. water tank project. A wide majority of the necessary easements have been signed by the affected residents, though there are still a very small number unsigned or unavailable residents. Considering the schedule of the project and the need for the project to begin the construction phase very soon, the AB recommends to the Town Board that they move forward with holding public hearing to begin the process of acquiring the necessary land rights through the eminent domain law for the remaining affected properties. One other item was briefly discussed, which was a new set of standards for Bolton Point's requirement that the water district should be documented with "as-built" drawings of the water district's infrastructure. These new requirements may cause some additional costs for the Town, and Dave Herrick requested that the AB discuss and analyze these new requirements as a group. We shall do so at our next meeting. The next meeting of the Water and Sewer Advisory Board will be on June 9, 2015, at 7:00PM at the Town Hall. There are two people left to sign the Bone Plain Rd. Water Tank Project. Supervisor Kathy Miller and Town Counsel Guy Krogh think both people will sign. LANSING COMMUNITY LIBRARY REPORT Lansing Community Library Updates to the Lansing Town Board May 20, 2015 Submitted by Susie Gutenberger, Read by Marlaine Darfler 1. The library participated in the East Shore Festival of the Arts, at the beginning of the month. That was our large program for the month. 2. The Finger Lakes Library System is conducting a search for a new Director. They hope to have someone hired by July. 3. Our Summer Reading Kick Off/ with Hilby and the semi-annual book sale will be held Saturday, June 20th. 4. Our tax levy increase was overwhelmingly supported with a vote of 187 yes – 23 no. 5. We will swear in the new trustees at our June Board of Trustees meeting. 6. Here is an overview of our yearly statistics, from our 2014-2015 annual report: 35,000 people visited the library 3,836 Lansing residents have a library card 16,000 visits were made to the library website 61,568 items were checked out by Lansing patrons 26,881 items in our collection May 20, 2015 4 PARKS AND RECREATION REPORT – STEVE COLT Parks & Recreation Department 5/20/15 Town Board Meeting RECREATION  Our LBP and LSP teams are playing and have completed half of their schedule. Our program concludes on June 13th. This year we are planning to include some of Jump Around bounce houses at the fields on the last day.  I will be hosting the annual regional Travel baseball meeting on Wednesday May 27th. This meeting allows coaches from around the area that have 10U and 12U teams, to meet and schedule summer games with other coaches/towns.  We are also taking registrations for BABE RUTH and PREP baseball and will also be registering for upper level travel softball too. Unfortunately, last night I found out that we have the ONLY PREP team in the area.  The Art Show took place on May 1st with some added excitement when the fire alarm went off and fire trucks made an appearance. All went well after the alarm was shut off and reset.  The Summer Program Booklet has been out now for over a we ek and we have already collected just under $30K in program fees. Registrations continue to come in daily.  The Town Hall Ballfields are in great shape. Currently we are putting tile on the floors in the restroom. This will improve the appearance and be much more durable and easier to keep clean. Damp concrete floors have never held any floor paint… PARKS  Our park grounds are looking really good and get better every day. We have removed some really large leaning trees in the campground area. Th e stumps have been cleared and new grass will be planted over those areas.  We continue to take many calls each day for pavilion rentals and camping. The month of July is basically sold out!  The Health Department inspected the Park on May 5 th and we have passed and waiting for our hard copy permit. Camping opened for the season on the 8 th and we will start charging admission over the Memorial Day Holiday.  On May 13th a crew of Cargill employees volunteered to work at Salt Point as they did last year under the direction of Katrina Binkewicz. They accomplished a lot along with planting all of the trees and plants donated by the DEC.  On May 12th I met with Lev and Pete Saltonstall to review several locations and some details with regards to King Ferry Winery attending our Myers Park Concert Series. Steve reported that a coach has asked him to have an AED on the property. Supervisor Kathy Miller said this has been looked into in the past and the machine and training was going to cost thousands. She said Town Clerk Debbie Crandall brought back some May 20, 2015 5 information from the NYS Town Clerk’s Conference and the Town Board will look into this. The Fire Department may be able to do the training. A new park bench has already been built and donated to the Town. This replaces the Leopold Park Bench which was stolen from Salt Point on April 6, 2015. PLANNING BOARD PROJECT UPDATE Planning Board Project Updates to the Lansing Town Board May 20, 2015 Submitted by Michael Long  Cayuga Farms (102 dwelling Unit - Site Plan Approval) – o Requested DEC review of package system – follow up approvals needed. o Public Hearing – January 12, Meeting held open for additional comments. o Meeting (3/5/15) with DEC Cortland (Dave H. Guy, Mike, Kathy M) o Letter issued to Tim Buhl –revisions needed site plan, Orenco system…etc. o Orenco mtg. held April 23 to review system concepts, overview, etc... o Tim Buhl -updated site plan submitted 5/6/2015 – sent electronically PB o TG Miller reviewing SWPPP with changes o NYS DEC Letter from Fred Gillette - received 5/11/2015 for “Innovative Systems Design Standards” process to apply. o SEQR Negative Declaration – DEC approval? o Site Plan approval required –.  Novalane – Jack Young o Preliminary Plat subdivision plan with turn around extension of Smugglers Path. o SEQR – classified as an “Unlisted Action” and will have resolutions available. o Public Hearing opened Feb 9th for the “Flag Lots” – still open. o Storm Water Plan SWPPP reviewed by TG Miller, revisions currently underway o Site meeting to walk future Smugglers Path road extension – 5/7/2015 – o Preliminary and Final Plat approvals. TBD  West view Partners, Boris Simkin – Major Subdivision – 4 Lots. o Designated a Major subdivision (4 lots and ROW issues) – phase plan completed by T.G. Miller with ROW access and future roads included (drawing dated 12/15/2015). o Revised Subdivision Plan - submitted to TG Miller Storm Water Plan for 4 lots. o Revised 239 Review from County – response 50 foot buffer 3/30/2015 o SWPPP plan reviewed by TG Miller, recommended changes, waiting on revisions. o Public Hearing date – TBD after storm water plan revisions…  Whispering Pines VI – Subdivision 28 lots - Richard Thaler o Revised Plans being developed by engineer. (submitted 3/26/2015) o 239 Review from Tomkins County – letter dated 4/24/2015 with 100 foot setback from stream bank. o Storm Water Review – T.G. Miller currently underway – Lot #7 ok with drainage easement. Balance of site still being reviewed. o Water District Extension –Town Board Public Hearing held 4/15/2015 with Town Board Approval required May 20, 2015 6 o Lot #7 – Treat as VI - #1A – Flag Lot public hearing 5/11/2015 and requesting Final Plat / SEQR approval and site plan approval 5/11/2015 meeting. o Public Hearing – Open May 11, 2015 – SEQR and Subdivision o SEQR / Preliminary Platt / Final Platt  Advanced Design – Site Plan o 3,000 sf addition to extend building o Additional Site Plan information requested o 239 Review – letter received 4/16/2015 o Planning Board review April 27th Meeting – neighbors notified o SEQR / Public Hearing /Site Plan Approval– May 11th meeting. o Basic SWPPP required for 3,000 SF addition and Full SWPPP required for further site / building development part of site plan approval conditions.  Forest Circle Drive – Major subdivision of 17 lots. o Tompkins Co. 239 review has been completed. o Storm water plan revisions requested T.G. Miller. o Will require a variance as 1 lot is less than 150 foot of road frontage. o Required Public Hearing – establish date….  Tompkins Trust Company – Drive up kiosk unit – 700 sf asphalt expansion o Application submitted o 239 Review request submitted 4/20/2015 o Notices sent to property owners 5/4/2015 for June 8th meeting o SEQR / Site Plan approval tentative June 8th meeting  AES Solar Farm 2.9mw– proposed by FLS Energy o Submitted site plan application- / NYSERDA application o Requested additional information o 239 Review TBD o SEQR /Site Plan approvals TBD  Lansing Redemption Center – 3100 N. Triphammer Road (Red Barn) – Site Plan Approval o 239 Review requested 5/6/2015 o Tentative approval June 8, 2015  Comprehensive Plan – Wed. May 13th at 7:00 PM o Topic - discuss potential future zoning changes ”  Ag Plan – Follow up meeting – finalize report meeting – TBD? First week in June Supervisor Kathy Miller thanked Michael for this great report. PRIVILEGE OF THE FLOOR Two Town of Lansing residents addressed the Town Board with concerns on the Fracking Ban. Both residents asked the Town Board to schedule the Public Hearing on the Fracking Ban soon. One resident stated that the town should protect the Lansing citizens, environment, plants, animals, streams, groundwater and the lake which Lansing uses for drinking water. The resident reported that Senator Mike Nozzolio said that fracking is a different issue and does not affect the repowering of AES. The resident stated that we should not depend on the NYS moratorium. RESOLUTION ESTABLISHING PUBLIC HEARING FOR REVIEW OF ANNUAL STORM WATER REPORT May 20, 2015 7 RESOLUTION 15-61 RESOLUTION ESTABLISHING PUBLIC HEARING FOR REVIEW OF ANNUAL STORM WATER REPORT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town’s Annual Storm Water Report is prepared and due for the required annual review pursuant to Local and State Laws and related regulations; and WHEREAS, a copy thereof is or will be timely filed in the Office of the Town Clerk for public review; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of June, 2015, at 6:05 o’clock P.M., to consider the Annual Storm Water Report, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. SEQRA: Type II The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. RESOLUTION APPROVING HEALTH INSURANCE BENEFIT UPDATES AND AMENDMENTS TO § 800 OF THE TOWN OF LANSING EMPLOYEE HANDBOOK Councilperson Ruth Hopkins stated a date on page Section 800-5 needs to be changed. She stated the effective date of January 1, 2016, for newly elected officials, should be amended to January 1, 2015. Amended date duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Robert Cree. RESOLUTION 15-62 RESOLUTION APPROVING HEALTH INSURANCE BENEFIT UPDATES AND AMENDMENTS TO § 800 OF THE TOWN OF LANSING EMPLOYEE HANDBOOK The following Resolution was duly presented for consideration by the Town Board. WHEREAS, with the Town being a member of the intermunicipal healthcare consortium and other changes having occurred in benefit requirements, as well as other desired changes to certain rights, duties, elections and benefits of employees and other qualified officials of the Town, the Personnel Committee and Town Board have been updating the Employee Handbook, and certain changes therein are in need of prompt approval due to the need of eligible employees to make elections by certain required dates; and May 20, 2015 8 WHEREAS, the Town Board has reviewed these changes at several times, including at its last two meetings, and the Town Board has made final proposed recommendations, which recommendations have been incorporated into the Employee Handbook and are now ready to be formally approved and adopted; 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 revised and amended § 800 et seq. of the Employee Handbook, as presented in its final form to this meeting, be and hereby is approved, and the Town Personnel Committee and Personnel Officer shall update the Employee Handbook accordingly and ensure that the updated language hereby approved is promptly distributed to all Town employees and public officials. The question of adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, 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 May 20, 2015. RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW #5 OF 2015 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C RESOLUTION 15-63 RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW #5 OF 2015 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a budget for the fiscal year 2016; 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, 2016 and ending December 31, 2016 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-C; and WHEREAS, this proposed Local Law if adopted pursuant to subdivision 5 of General Municipal Law § 3-C which expressly authorizes the Town Board to override the tax levy limit by the adoption of a Local Law approved by a vote of at least sixty percent (60%) of the Town Board; and WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 17th day of June 2015 at 6:07 o’clock P.M., to consider public input and comments upon such proposed Local May 20, 2015 9 Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. The question of the adoption of such proposed Resolution was duly motioned by 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 May 20, 2015. RESOLUTION ENDORSING THE DEVELOPMENT AND SUBMISSION OF A SINGLE, COUNTYWIDE GOVERNMENT EFFICIENCY PLAN, ESTABLISHING TOMPKINS COUNTY AS LEAD ENTITY IN THE DEVELOPMENT OF THE PLAN Councilperson Ruth Hopkins suggested the towns should write the Governor and tell him that we’ve already been doing this with the Health Consortium. All towns have to be on board and Supervisor Kathy Miller believes they are. Councilperson Ruth Hopkins stated that TCCOG needs to find more ways to save money. Tompkins County Clerk Maureen Reynolds has saved the county a lot of money. RESOLUTION 15-64 RESOLUTION ENDORSING THE DEVELOPMENT AND SUBMISSION OF A SINGLE, COUNTYWIDE GOVERNMENT EFFICIENCY PLAN, ESTABLISHING TOMPKINS COUNTY AS LEAD ENTITY IN THE DEVELOPMENT OF THE PLAN The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the State of New York enacted legislation creating a Property Tax Freeze Credit as a part of the 2015 Budget; and WHEREAS, the new law encouraged local governments to generate long-term property tax relief by sharing services, consolidating or merging, and implementing operational efficiencies; and WHEREAS, the law provides a “freeze credit” to qualified homeowners that is equal to the increase in propert y taxes levied by a taxing jurisdiction that limits any increase in its tax levy to a property tax cap set by State law and develops and implements a Government Efficiency Plan (“Plan”) determined to be compliant by the New York State Division of Budget; and WHEREAS, to be determined compliant by the State, a Government Efficiency Plan must document actions that have been, or will be, taken that will result in a sustained three-year savings, beginning in 2017, that are equivalent to at least 1% of the comb ined 2014 property tax levies of all signatories to the Plan; and WHEREAS, in year one of the program, homeowners received a Freeze Credit if their local government stayed within the property tax cap; and May 20, 2015 10 WHEREAS, in year two of the program, homeowners will receive the Freeze Credit for taxes from any taxing jurisdiction that stays within the property tax cap and that also puts forward a compliant Government Efficiency Plan; and WHEREAS, while allowing local governments to submit individual Plans, the St ate has encouraged local governments to submit a single, countywide plan that achieves a savings of at least 1% of the combined property tax levies of all of the participants; and WHEREAS, the State will recognize only savings associated with actions impl emented after January 1, 2012; and WHEREAS, prior to 2012, local governments in Tompkins County pioneered shared services, mergers, and consolidations including the centralization of the property tax assessment function, a fully consolidated public safety dispatch and interoperable communication system, a consolidated public transit system, a two-county community college and, most recently, an inter-municipal health benefits consortium that continue to generate multiple millions of dollars in annual savings for taxpayers within Tompkins County; and WHEREAS, in response to the State’s directive, the Tompkins County Council of Governments (TCCOG) formed a shared services committee that continues to explore a variety of prospective shared services, but recognizes that time and careful thought is required to ensure that any shared service initiative will result in lower costs and higher quality; and WHEREAS, it is now estimated that savings well in excess of 1% of the $88.4 million levied by all local governments within Tompkins County in 2014, including the County itself, will be achieved and sustained during the period 2017-2019 by a combination of savings associated with a dependent eligibility certification process undertaken by every municipal member of the Health Benefits Consortium and changes made by Tompkins County to the cost structure of its health benefit plan; and WHEREAS, additional efficiencies may be identified by participating municipalities that may also be included in a countywide plan; and WHEREAS, in a resolution enacted April 23, 2015, the Tompkins County Council of Governments found that a consolidated countywide Plan that documents savings in excess of 1% of the combined 2014 property tax levies of all local governments within the County is the most efficient and effective way to respond to the State’s directive and has therefore endorsed the development and presentation of a single countywide Government Efficiency Plan that includes all local government within Tompkins County; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing endorses the designation of Tompkins County as lead entity in the development and submission of the Government Efficiency Plan and agrees to be a signatory to that Plan. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Edward LaVigne, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. RESOLUTION APPOINTING SANDRA DENNIS CONLON TO THE TOWN OF LANSING PLANNING BOARD AS AN ALTERNATE MEMBER May 20, 2015 11 Councilperson Ruth Hopkins thanked everyone that applied. She stated it’s great that people show interest in town government. RESOLUTION 15–65 RESOLUTION APPOINTING SANDRA DENNIS CONLON TO THE TOWN OF LANSING PLANNING BOARD AS AN ALTERNATE MEMBER The following Resolution was duly presented for consideration by the Lansing Town Board: WHEREAS, the Town of Lansing Planning Board currently has a vacancy for an Alternate member due to Deborah Trumbull being appointed as a Regular Planning Board member on March 9, 2015; and WHEREAS, after advertising said Alternate Planning Board member vacancy and reviewing applications, the Town of Lansing Planning Board at their April 27, 2015 Planning Board meeting, has recommended that Sandra Dennis Conlon be appointed to fulfill the unexpired term of Deborah Trumbull as an Alternate member; and WHEREAS, the appointment requires Sandra Dennis Conlon to complete the mandatory NYS training requirements; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly hereby RESOLVED, that Sandra Dennis Conlon be appointed as an Alternate member of the Town of Lansing Planning Board to fill the unexpired term of Deborah Trumbull effective May 20, 2015 – December 31, 2015. The question of the adoption of such proposed resolution was duly motioned by Councilperson Doug Dake, 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 May 20, 2015. RESOLUTION APPROVING COLEMAN OUTSIDE USER AGREEMENT FOR CONSOLIDATED WATER DISTRICT RESOLUTION 15-66 RESOLUTION APPROVING COLEMAN OUTSIDE USER AGREEMENT FOR CONSOLIDATED WATER DISTRICT The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Water and Sewer Advisory Board (“WSAB”), in accord with its duties and functions as assigned by the Town Board, has considered certain outside user requests for the Consolidated Water District (“CWD”), and the WSAB has issued a recommendation to approve an outside user request for the lands of Coleman (88 Emmons Road), 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 CWD “inside users” to cover capital costs; and May 20, 2015 12 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 an outside user agreement (the “Agreement”) for Coleman be and hereby is approved, and that permission is given to tap into CWD water mains once the Agreement is in a form approved by Town Counsel and fully executed by all parties; but subject to the continuing requirements of such Agreements that the installation be at the expense of the applicant, that the applicant approve any future boundary change or district extensions covering their lands, and that the applicant is 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 such Coleman 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 Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. RESOLUTION SCHEDULING PUBLIC HEARING AND ENVIRONMENTAL REVIEW OF LOCAL LAW #6 of 2015 IMPLEMENTING FURTHER AMENDMENTS TO LAND USE ORDINANCE TO EFFECT OIL AND GAS/HVHF DRILLING BAN Councilperson Edward LaVigne asked Supervisor Kathy Miller to table this motion until the NYS PSC gives us information regarding re-powering AES. Councilperson Edward LaVigne is concerned with the timing of this. He stated that AES is the Town of Lansing’s number one taxpayer. He requested that the town wait a few months until the PSC gives us an answer on re-powering AES. Supervisor Kathy Miller said she did not know why it was taking so long for the Town of Lansing to receive a response from the PSC; Dunkirk was done very quickly. She stated maybe it’s taking longer because there is a local group here that is negative; NYSEG does not support this. Supervisor Kathy Miller informed the Town Board that Senator Nozzolio and Representative Reed both have said the re-powering of AES and Hydrofracking are different issues. She also stated that the gas / distribution line is another separate issue. Supervisor Kathy Miller stated that she believes NYSEG is in favor of the gas / distribution line. Supervisor Kathy Miller informed the Town Board that The Drilling Committee asked for this and that’s why she’s bringing it to this meeting. Town Counsel Guy Krogh reported that Governor Cuomo announced banning certain types of Hydrofracking in NYS. He informed the Town Board that a law is a legislative act; this cannot be done by the DEC or the Governor. He further stated that there are a number of laws pending to do this, but none have been passed. He reported there is no NYS ban and he doesn’t believe a ban will be created. Town Counsel Guy Krogh stated NYS wants to finish the draft environmental impact statement process which was opened to study the process on a state wide basis. He also May 20, 2015 13 stated that since this process is state wide there’s no chance for anyone to go forward with any drilling, as long as it is open. He reported that there is pressure now to close the environmental impact statement process because the health commissioner thinks there maybe potential health risks. He informed the Town Board that there’s no way to measure health issues on a state wide basis, so certain types of Hydrofracking (on a state wide basis) couldn’t be approved. He apprised the Town Board that once the environmental statement process is closed, people will be able to apply for a permit to do an environmental review on a site specific basis. He stated that probably when they close the environmental statement process, there will not be a state wide ban. He informed the Town Board that conventional drilling can be done now. Councilperson Edward LaVigne stated that he is concerned with the timing. He stated the number one taxpayer in this County is AES. Councilperson Edward LaVigne stated that he doesn’t want the PSC to be swayed by what the town does now and would like to wait a few months until the PSC gives us an answer. Several Town Board Members discussed moratoriums and bans. Town Counsel Guy Krogh informed the Town Board that they are both prohibitions, but not sure they will help. Councilperson Ruth Hopkins stated that she doesn’t understand the relationship between the PSC and Hydrofracking Ban. She stated that Senator Nozzolio and Representative Reed both stated the PSC decision has nothing to do with the Hydrofracking Ban. She also stated that Senator Nozzolio and Representative Reed stated the PSC decision is economic; there will be an impact on the Town of Lansing, but it’s economic and not about Hydrofracking. She informed the Town Board that The Town of Lansing residents asked for protection and would like the Hydrofracking Ban, to protect against possible associated activities such as waste disposal that could occur. Councilperson Robert Cree stated he would hate to have Senator Nozzolio be wrong on this. He stated it would be a shame to have this influence the PSC decision. Town Counsel Guy Krogh stated that most of the people on the PSC are from the energy sector and they might be influenced by this. He stated that Councilperson Edward LaVigne’s concern has come up in several places, not just in Lansing. Town Counsel Guy Krogh informed the Town Board that there are good arguments for both sides and for the timing. Councilperson Edward LaVigne made a motion to postpone this discussion until July and then possibly have the public hearing in August or September. Supervisor Kathy Miller stated that she would like the PSC to make their decision soon. She asked Councilperson Edward LaVigne if he wanted to postpone Councilperson Ruth Hopkins motion. Councilperson Ruth Hopkins stated that there is already a motion from Councilperson Edward LaVigne. Town Counsel Guy Krogh informed the Town Board that technically they have a motion by Councilperson Ruth Hopkins to schedule a public hearing which was seconded by Kathy Miller, so that motion either needs to be withdrawn or amended. Supervisor Kathy Miller withdrew the motion that was made by Councilperson Ruth Hopkins. Supervisor Kathy Miller confirmed with Councilperson Edward LaVigne his motion to postpone this discussion until July and then possibly have the public hearing in August or September. Councilperson Robert Cree duly seconded Edward LaVigne’s motion. Town Counsel Guy Krogh stated that technically it was Councilperson Ruth Hopkins motion, so she will have to consent to withdrawing it. He also stated if that happens, then there is a motion made by Councilperson Edward LaVigne to reconsider this matter at the July meeting, which has been seconded. He also stated if you withdraw Councilperson Ruth Hopkins motion, then you can vote on Councilperson Edward LaVigne’s motion. He continued stating, if you don’t withdraw Councilperson Ruth Hopkins motion, then you vote on that motion and then vote on Councilperson Edward LaVigne’s motion. May 20, 2015 14 Councilperson Ruth Hopkins withdrew her motion. No roll call taken. RESOLUTION 15- MOTION WITHDRAWN BY COUNCILPERSON RUTH HOPKINS, NO ROLL CALL TAKEN RESOLUTION SCHEDULING PUBLIC HEARING AND ENVIRONMENTAL REVIEW OF LOCAL LAW #6 of 2015 IMPLEMENTING FURTHER AMENDMENTS TO LAND USE ORDINANCE TO EFFECT OIL AND GAS/HVHF DRILLING BAN The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town is considering a ban of certain oil and gas activities in the Town, including drilling using high volume hydrofracking methodologies, and such prohibition seeks to ban related support industries and the ability of any person or entity to dump or emplace byproducts of HVHF processes, such as flowback or brine waters, on lands within the Town of Lansing; and WHEREAS, the full amended text of these proposed changes is on file at the Town Clerk’s Office, and as these Land Use Ordinance amendment considers changes that are material in terms of changing allowed uses within existing zones, the same is classified as a Type I Action under SEQRA, and the same will also require referral to and review by the Tompkins County Planning Department under GML § 239-l, et seq., as well as compliance with the special publication requirements of Town Law § 265 once and if such local law is adopted; and WHEREAS, upon due consideration, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1. This action is classified as a Type I Action pursuant to SEQRA; 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for coordinated environmental review, subject to consent or any requests regarding such coordinated review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are: the Town of Lansing Planning Board; The Town of Lansing Zoning Board of Appeals; the Village of Lansing; the Town of Groton; the Town of Locke; the Town of Genoa; the Town of Dryden; the County of Tompkins; the County of Cayuga; the NYS Regional Director of Parks in the Finger Lakes Region; NYSDEC; NYS Office of Parks, Recreation and Historic Preservation; the NYS Department of Agriculture; the Tompkins County Planning Department; the Clerk of the Tompkins County Legislature; and 4. The Interested Agencies are determined to be: the U.S. Army Corps of Engineers; the Cayuga Lake Watershed Intermunicipal Organization; the Tompkins County Highway Division; NYSDOT; and it is further RESOLVED, that the Town Clerk issue a Notice of Intent to each and all of the Involved Agencies and Interested Agencies, including therewith a copy of the proposed local law and the FEAF; and it is further RESOLVED, that the Town Clerk provide with such Notice of Intent a request to County Planning for a review under the General Municipal Law § 239-l, et seq.; and it is further RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of July, 2015, at 6:05 pm, to consider the adoption of proposed Local Law #6 of 2015, entitled “ May 20, 2015 15 AMENDMENTS TO TOWN OF LANSING LAND USE ORDINANCE TO CLARIFY AND EXPRESSLY PROHIBIT CERTAIN NATURAL GAS DRILLING AND SUPPORT LAND USES AND ACTIVITIES,” and to thereat hear all persons interested in the subject hereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk. The question of 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: Councilperson Robert Cree Councilperson Doug Dake Councilperson Ruth Hopkins Councilperson Edward LaVigne Supervisor Kathy Miller Accordingly, the foregoing Resolution was withdrawn by Councilperson Ruth Hopkins, no roll call was taken, and was not adopted on May 20, 2015. RESOLUTION POSTPONING THE CONSIDERATION OF SCHEDULING PUBLIC HEARING AND ENVIRONMENTAL REVIEW OF LOCAL LAW #6 of 2015 IMPLEMENTING FURTHER AMENDMENTS TO LAND USE ORDINANCE TO EFFECT OIL AND GAS/HVHF DRILLING BAN RESOLUTION 15-67 RESOLUTION POSTPONING THE CONSIDERATION OF SCHEDULING PUBLIC HEARING AND ENVIRONMENTAL REVIEW OF LOCAL LAW #6 of 2015 IMPLEMENTING FURTHER AMENDMENTS TO LAND USE ORDINANCE TO EFFECT OIL AND GAS/HVHF DRILLING BAN The following Resolution was duly presented for consideration by the Town Board. WHEREAS, After a lengthy discussion on setting a public hearing and not adopting the proposed resolution, Councilperson Edward LaVigne recommended to postpone consideration of the scheduling of a public hearing and environmental review of Local Law #6 of 2015 until the July 15, 2015 Regular Town Board Meeting, and WHEREAS, upon due consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, to postpone consideration of the scheduling of a public hearing and environmental review of Local Law #6 of 2015 implementing further amendments to land use ordinance to effect oil and Gas/HVHF drilling ban until the July 15, 2015 Regular Town Board Meeting. The question of 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 Ruth Hopkins - Nay Councilperson Edward LaVigne - Aye Supervisor Kathy Miller – Nay Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. May 20, 2015 16 BAILEY PLACE INSURANCE – STEVE FRANCO Stephen Franco, President of Bailey Place Insurance, presented and reviewed with the Town Board the Town Insurance. Mr. Franco stated that Bailey Place Insurance has insured the Town of Lansing since 1995. Mr. Franco reported that they go out to the market every three years to get the best rates and the town is currently with NYMER. He stated that generally, there is no increase in the renewals. Mr. Franco told the Town Board that NYMER has a lot of free services that they can take advantage of. He stated there are regional seminars and webinars that are available to attend. Mr. Franco stated that Cyber Insurance is available, but the town does not have that coverage. He suggested the Town Board talk with the Town IT Department to find out how secure the town is. Councilperson Robert Cree asked if they would come back and discuss Cyber Insurance with our Tech Committee. Mr. Franco said they would come back with additional information regarding Cyber Insurance. Supervisor Kathy Miller said the Town Board would contact them about Cyber Insurance. Councilperson Ruth Hopkins said the Town Board should talk with TCCOG about Cyber Insurance. Councilperson Ruth Hopkins asked Mr. Franco if they would review our emergency plan. Mr. Franco said they would review our emergency plan. The Town Board thanked Mr. Franco for the review and presentation and for coming to tonight’s meeting. FINDINGS UNDER EMINENT DOMAIN PROCEDURE LAW §§ 204 AND 206(E) AND RESOLUTION AUTHORIZING TOWN COUNSEL TO COMMENCE FORMAL PROCEEDINGS TO VEST TITLE IN TOWN AND CONSOLIDATED WATER DISTRICT TO LANDS NEEDED FOR PUBLIC WORKS PROJECT KNOWN AS THE BONE PLAIN WATER TANK IMPROVEMENT PROJECT Town Counsel Guy Krogh stated there are only two very small easements that are needed. He stated one is in the highway right of way of a county highway and the other one is a fifteen-twenty foot wide easement which is in the setback area. He stated it’s likely that these easements will be signed before the Town spends any more money. He informed the Town Board that the bond resolution still needs to be done and officially put out for bid. RESOLUTION 15-68 FINDINGS UNDER EMINENT DOMAIN PROCEDURE LAW §§ 204 AND 206(E) AND RESOLUTION AUTHORIZING TOWN COUNSEL TO COMMENCE FORMAL PROCEEDINGS TO VEST TITLE IN TOWN AND CONSOLIDATED WATER DISTRICT TO LANDS NEEDED FOR PUBLIC WORKS PROJECT KNOWN AS THE BONE PLAIN WATER TANK IMPROVEMENT PROJECT The following Resolution was duly presented for consideration by the Town Board. WHEREAS, the Town formally approved the construction of the Town of Lansing Consolidated Water District (“CWD”) improvement project commonly known as the Bone Plain Water Tank Project (the “Project”), which Project was previously described in a Town Law § 202-b Public Interest Order as a Project benefitting a large area of the central part of the Town, which for over a decade has had issues with water pressure and supply, to the point where the Tompkins County Health Department has demanded system upgrades to the CWD system to benefit the CWD generally and to improve water pressure and capacity in areas near and along Bean Hill Lane, Forest Acres Drive, Hillcrest Road, Grandview Drive, Placid Terrace, Pheasant Way, Whispering Pines Drive, Arrowood Lane, Village Circle, Warren Road, Springbrook Circle, and Farrell Road, and further public interests and benefits were found in an increased water supply for peak demand needs, and better firefighting capacities; and May 20, 2015 17 WHEREAS, the Project consists of: (i) generally, the creation of a new pump station near the existing Village Circle Tank and the construction of a transmission main extension to a new Bone Plain Road Water Tank; and (ii) specifically, 8,300’ of 12” pipe, with valves and hydrants, running to Bone Plain Road, 1,440’ of 12” main for a low pressure transmission main to allow switching over the existing parallel 10” distribution main to the new higher pressure zone, 620’ of 12” main to connect mains on Village Circle and Springbrook Circle, the acquisition of 1.5 acres of land along the south side of Bone Plain Road, just past the Town Line, being part of Town of Dryden TPN 30.-1-1-12, the installation of temporary systems, mains, lines, and pneumatic pumps and storage to keep the CWD functional during construction, connections to the Warren Road mains, a piping loop along Hillcrest Road, new piping to the Bean Hill water tank, and 1,700’ of 8” mains along Village Circle; and WHEREAS, in accord with Article 12 of Town Law a public hearing was duly held and the project specifically approved as being, among other things, within the public interest as such term is used in Article 12 of Town Law and Article 2 of the Eminent Domain Procedure Law (“EDPL”), and as part of a Final Order approving the Project as being within the public interest, the Town Board, as lead agency, conducted a detailed environmental review of the Project as a Type I Action and duly issued a negative declaration, and this further action is within the scope of the already reviewed and issued project approval and environmental determination; and WHEREAS, as the project location or parameters have not changed, but only an EDPL process is needed to vest rights in easements in the Town and the CWD, the Town Board has determined that no new or supplemental review is required under SEQRA; and WHEREAS, since such final order of approval and such negative declaration of environmental impacts in January, 2014, the Town has prepared project specifications, examined and finalized routing, purchased the land for the water tank, obtained approvals from neighboring municipalities, and obtained all but two remaining easements for water lines; and WHEREAS, the Town has (more than) twice notified (or tried to notify) such landowners of the request for an easement, sent and discussed draft easements and, despite such efforts and in some cases making substantial requested changes to such easements, the said needed easements have not been returned such that the Town does not possess the rights it needs to proceed with the Project to benefit thousands of residents in terms of needed water pressure, water system capacity, and enhanced firefighting capacity, such that the Town has no alternative but to now proceed under the EDPL; and WHEREAS, upon due consideration thereupon and the Findings Statement accompanying this Resolution, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board, as the condemning authority, as defined under and construed by the EDPL, hereby finds and declares as follows: 1. The Town previously declared and now again declares this Project as being within the public interest, and that the taking of easements as mapped in relation to the Project are necessary for the implementation of the Project, are in the public interest, and are minimally drawn to only serve the public interest served by this Project. 2. Pursuant to EDPL §§ 204(B) and 206(A), and as part of the Article 12 water district improvement process, including § 202-b therein, the Town has already made declarations and findings consistent with the public interest requirements of the EDPL, including defining: (i) the public use, benefit or purpose to be served by this public project; (ii) the approximate and exact locations for the proposed public project and the reasons selected for such locations; (iii) the general effect of the proposed project on the environment and the residents; and (iv) other factors relevant to this Project and water district expansion, including costs, local and regional impacts, typical property fiscal impacts and hook-up costs, and literally dozens of other findings. May 20, 2015 18 3. The Town, pursuant to EDPL § 301 and generally, has successfully obtained easements for all but two properties, as follows: i. Owner #1: Richard A. Blood and Judith A. Blood, of 177 Scofield Road, Freeville, NY 13068. A permanent easement is sought on Owner #1’s lands. Due to being only one of two properties between the proposed water tank and the Town of Lansing to the east, and given topography, roadway layouts, and alternate routing locations surveyed and considered, there was no other way to get to Scofield Road other than to cross this parcel, and the point of crossing is as minimal as is possible relative to land and other impacts and within the roadway rights-of-way and zoning setbacks at all locations. The easement sought is a permanent easement, approximately 20’ wide and approximately 90’ long (a portion of which is within a highway right -of-way), and comprises approximately 0.04 acres. Copies of the proposed easement description and a map depicting the location of the easement are annexed to the Findings Statement signed by the Town Supervisor as Exhibit A. Although the Town has made numerous and repeated attempts to reach an agreement with Owner #1 for this easement, including special visits to the property by the project engineers and the Town Supervisor, and discussions over the terms of the easement with the Town Supervisor and Deputy Supervisor, no easement has been granted and Owner #1 remains unwilling to grant the Town an easement for the water line. The Town has examined the possibility of re-engineering the design in that area to avoid the necessity for an easement over the property of Owner #1, but the alignment of the water lines on neighboring properties is such that there is no accommodation which can be made, and the easement is required for the project to proceed. ii. Owner #2: Joanne McMillen, 132 Farrell Road, Ithaca, NY 14850. A permanent easement is sought on Owner #2’s lands. Due to being only one of four properties between the proposed water tank main along Farrell Road and the crossover to an interconnection with the Village Circle Water Tank, and given topography and roadway layouts and alternate routing locations surveyed and considered, there was no other way to get from the Project water tank to the Village Circle tank other than to cross this parcel, and the point of crossing is as minimal as is possible and wholly located within the roadway rights-of-way. The easement sought is a permanent easement, approximately 10’ wide and approximately 200’ long, and comprises approximately 0.05 acres. Copies of the proposed easement description and a map depicting the location of the easement are annexed to the Findings Statement signed by the Town Supervisor as Exhibit B. Although the Town has made numerous and repeated attempts to reach an agreement with Owner #2 for this easement, including special visits to the property and many attempts to locate the owner, including discussions with her children and other relatives, no easement has been granted and Owner #2 is presumed to be unwilling to grant the Town an easement for the water line. The Town has examined the possibility of re-engineering the design in that area to avoid the necessity for an easement over the property of Owner #2, but the alignment of the lines on neighboring properties is such that there is no accommodation which can be made, and the easement is required for the project to proceed. 4. The following findings are made with respect to the Project: May 20, 2015 19 i. The Project will result in a public use, a public benefit, and will serve a public purpose by providing municipal water service to the various residential and commercial properties situate within the CWD, including by increasing the water capacity of the system, reducing system costs by more efficiently managing inter- tank flows to have water available for peak demand periods, providing increased water pressures and capacities for firefighting purposes, and by increasing water pressures for a large part of the CWD that, due to usage changes, increasing density, and topography has had low water pressure problems documented for over a decade. ii. By adding capacity and increasing water pressure, and by updating the CWD systems generally relative to water pumping and management, the facilities of the CWD will meet metrics and standards acceptable to and required by the Health Department, as well as augment the health and safety of the residents for many future years. iii. The project’s general effect on the environment has already been determined as part of a review pursuant to the State Environmental Quality Review Act. The Town determined that the project would not have a significant adverse impact on the environment. Any effects on residents of the locality of the Project will be positive, due to the ability to provide a secure and clean water source, in some cases replacing wells that have water quality and aquifer refill and recharge issues. iv. The Town Board hereby determines that the Project, and these eminent domain proceedings, are necessary and appropriate for the establishment of the facilities of the CWD and this Project. v. The Project is located in an area proximate to the location within the CWD where a high pressure zone was needed, and the precise location for a ground tank was limited only to certain areas of sufficient elevation to create the needed pressures. As well, location was limited by access, routing, and property availability limitations. While a raised tower was considered, location and cost considerations, as well as substantially more maintenance, risk, and environmental impacts, prevented such option from being a viable option. Thus, the new ground tank is located on elevated lands owned by the Town on Bone Plain Road, and the water mains then connect westerly to Scofield Road, then southerly down Scofield Road crossing Asbury Road, then travel southerly along private property along a portion of Scofield Road long ago abandoned until reaching to Farrell Road, then the water mains westerly along Farrell Road to the Village Circle area to interconnect with the Village Circle water tank, and then to continue westerly to Warren Road and northerly up Warren Road to connect to an existing CWD main, along and together with remote bridging to extend the pressure zone to other areas of the CWD. vi. In furtherance of the requirements of the EDPL, and as a required prerequisite to obtaining lawful rights of entry to cause the preparation of appraisals, and as prerequisites to Article 4 vesting procedures to be commenced against such property owners in the Tompkins County Supreme Court, the Town makes the following findings in respect to each of such Owners: (i) one easement is 20’ wide and only approximately 90’ long and is partly within highway rights-of-way and partly adjacent thereto, but also within the setback and bulk dimensional areas, such the land cannot be built upon or substantially improved by the Owner #1; (ii) another such easement is 10’ x 200’, but actually located wholly within the highway right of way, but as it is a highway by use an easement is still needed even though there is no authority for such Owner #2 to use or improve the easement area; (iii) the Town has no plans for the future improvement or the erection of surface improvements upon any such lands; (iv) the only improvement will be 8”-12” inch water mains buried underground, plus related required appurtenances, upon lands that cannot be otherwise improved or built upon and for which even the Town, as the condemning authority, has no plans to improve May 20, 2015 20 (such as above ground pump stations, sidewalks, ditches, etc.); (v) all surface disturbances are temporary only, and in one case well away and barely visible from the home situate upon such land; (vi) the land is being used for a governmental and not any private or commercial purposes; (vii) the amount of land taken in each instance is minor, each being approximately a twentieth of an acre; (viii) no structures or buildings are required to be removed by such Project; and (ix) the use, enjoyment, and utility of the lands of the owners thereof will not be impaired by an underground water line, which line will also substantially benefit such properties by allowing them in the near future to obtain a public water supply and to be protected by firefighting capacity (thus also reducing the insurance risk rating for the home and substantially enhancing the life safety and property protection of and for such owners). vii. Accordingly, and pursuant to the authority provided by law to the condemning authority, the Town of Lansing hereby declares under EDPL § 206(E) that these takings, and each of them individually, are de minimus takings as such term is defined and construed under law. 5. The Town Clerk is hereby ordered to: (i) publish a synopsis of these findings in accord with EDPL § 204, including by publishing the synopsis in at least 2 successive issues of the Town’s official newspaper, and such publication notice shall also state that copies of this determination and these findings will be forwarded to any person requesting a copy without cost; and (ii) deliver a copy of these findings and determinations, together with this Resolution, to the above landowners identified more particularly above as Owner #1 and Owner #2. 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 Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. RESOLUTION AUTHORIZING THE ISSUANCE OF A $83,000 BOND ANTICIPATION RENEWAL NOTE #01-15 Supervisor Kathy Miller informed the Town Board that this comes along every year and pertains to our water district debt renewal. She stated that we look for the lowest interest rate. RESOLUTION 15-69 RESOLUTION AUTHORIZING THE ISSUANCE OF A $83,000 BOND ANTICIPATION RENEWAL NOTE #01-15 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring, constructing and equipping the improvements to be included in Extension No. 2 to the Town of Lansing Consolidated Water District (the “District”), consisting principally of the construction of a water distribution system covering a portion of Drake Road in the Town and the installation of water lines and meters, including valves, curb stops, original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements to provide municipal water services to the affected areas within said District, engineering and other preliminary costs, legal expenses and other costs incidental to the financing thereof (the “Project”), all of which Project expenses were authorized by a Final Order forming the District and funded by a Bond Resolution dated May 21, 2008, and which obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note (“BAN”) #01- May 20, 2015 21 09 (in the amount of $145,000.00), as renewed by a Bond Anticipation Renewal Note (“BARN”) #02-10 (in the amount of $137,400.00), by a BARN #01-11 (in the amount of $133,500.00) dated June 17, 2011; by a BARN #01-12 (in the amount of $94,483.75) dated June 15, 2012; by a BARN #01-13 (in the amount of $90,000.00), dated June 14, 2013; and by a BARN #10-14 (in the amount of $87,000.00), which BARN #01-14 is hereby being partially paid and the balance thereof renewed; and WHEREAS, BARN #01-14 is approaching its maturity date and such financing must be renewed or the debt thereof paid, and in compliance with the Local Finance Law, th e Town Board has decided to partially pay-down the debt pursuant to Local Finance Law § 23.00 by making a principal and interest payment thereupon (in the amount of $4,000.00, plus interest) and issuing a BARN for the balance thereof; and WHEREAS, the Town has contacted several lending institutions to find the lowest rates, and has determined that the Chemung Canal Trust Company, Elmira, New York, has the best rates and terms for proposed BARN #01-15, to be issued in the amount of $83,000 for one year at a 1.85% interest rate (non-callable); and WHEREAS, this action is classified as a Type II Action under SEQRA and, as such, no environmental review is necessary or required; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, and in compliance with Local Finance Law § 38.10, and other requirements of law, the Town Board of the Town of Lansing has hereby RESOLVED, that Section 1. BARN #01-15 hereby authorized is for the payment of indebtedness relating to the purchase and acquisition of goods to construct the Project for the District. Section 2. The said BARN hereby authorized was authorized pursuant to a Bond Resolution dated May 21, 2008, which Bond Resolution was duly issued under the Local Finance Law, with such Project having been subject to permissive referendum as required by law. Section 3. It is hereby determined that the cost of indebtedness relating to the objects and purposes of this Resolution is $87,000.00 (plus interest); said amount i s hereby appropriated and the plan for the financing thereof shall consist of the payment of $4,000.00 in principal, plus interest, and the issuance of up to $83,000.00 as a principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law. Section 4. The Town of Lansing hereby authorizes the expenditure of up to $87,000.00, plus interest thereupon, for the payment of the obligations relating to the Project, which amount shall be paid in part by the issuance of BARN #01-15, together with a principal payment to be made in relation thereto in the amount of $4,000.00 (to be applied to the payment of BARN #01-14, together with accrued interest). Section 5. No other BANs or BARNs are issued and outstanding for the payment of the indebtedness relating to the Project (except BARN 01-14, which is being paid in full as herein duly authorized). Section 6. The BARN authorized by this Resolution is a renewal of BARN #01 -14, issued June 13, 2014. Section 7. The BARN authorized by this Resolution shall be dated June 12, 2015, and shall mature and be and become due and payable upon June 11, 2016. Section 8. The BARN hereby authorized is for an assessable improvement of or within the Town, namely, the Town of Lansing Consolidated Water District Extension Number 2. May 20, 2015 22 Section 9. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created is hereby authorized pursuant to § 165.10 of the Local Finance Law for the purposes described in this Resolution. The Town shall reimburse such expenditures with the proceeds of the BARN authorized by this Resolution. This Resolution shall constitute a declaration of official intent as required by United States Treasury Regulation § 1.150-2. Other than as specified in this Resolution, no money is, or is reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New York, is hereby irrevocably pledged to the payment of the principal of and i nterest on said Bonds and the BARN hereby authorized, as the same may hereafter respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest due and payable in such year. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing in the manner provided by law for taxation or general taxation thereupon. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied, or the Town shall take such other action as is permitted or required by law to assure the timely payment of such obligations. Section 11. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of BANs and renewals thereof (in anticipation of the issuance and sale of the serial bonds) was and is hereby again delegated to the Town Supervisor, as Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law and the Bond Resolution aforesaid. 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 Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 20, 2015. APPROVE AUDIT RESOLUTION 15-70 Councilperson Edward LaVigne moved that the Bookkeeper is hereby authorized to pay the following bills. CONSOLIDATED ABSTRACT # 005 DATED _05/20/2015__ AUDITED VOUCHER #’s 355-470 PREPAY VOUCHER #’s 355-368 AUDITED T & A VOUCHER #’s 32 - 41 PREPAY T & A VOUCHER #’s 32 - 36 FUND TOTAL APPROPRIATIONS May 20, 2015 23 GENERAL FUND (A&B) $ 95,065.95 HIGHWAY FUND (DA&DB) $ 32,286.72 LANSING LIGHTING (SL1, 2 &3) $ 1,360.13 LANSING WATER DISTRICTS (SW) $ 177,341.89 TRUST & AGENCY (TA) $ 38,463.41 LANSING SEWER DISTRICTS (SS1, SS3) $ 452.56 DEBT SERVICE (V) $ 0.00 Councilperson Robert Cree seconded the motion and it was carried by the following roll call vote: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on May 20, 2015. BOARD MEMBER REPORTS Robert Cree stated that the Personnel Meeting was cancelled this morning. He had nothing to report. Doug Dake stated that Michael Long has a nice report of what the Planning Board has been looking at the past month. They’ve been working hard and there is a lot of potential work. CO’s and permits are moving along nicely. He reported that the Emergency Committee Meeting was last night and the following people attended: Bill Miller, Lynn Day, Katrina Binkewitcz, Lee Shurtleff, Scott Purcell and Dan Ferguson. He stated there is a lot of work to be done to come up with an Emergency Preparedness Plan. He informed the Town Board that some things will need to come to the Board. Doug stated that they also need to look at the NIMS issue and he would like to discuss this before the next meeting. He reported that he had a great meeting with Jack French, Cricket Purcell, Dave Herrick and Don Harner concerning the Autumn Ridge Storm Water Issue. He informed the Town Board that they’re looking at different options and trying to get some easements. Ruth Hopkins stated that there is new interest for the Health Consortium. She stated that the work TCCOG is doing is great. She reported that Scofield Rd has been partially successful with Time Warner Cable. Councilperson Ruth Hopkins reported that Supervisor Kathy Miller, Tompkins County Legislature Mike Sigler, and she were busy for three hours with Tax Assessment concerns on May 18, 2015. She stated that Michael Long’s report from the Planning office is great. Edward LaVigne stated that the library report has been read and is available on the table in the back of the room. Kathy Miller stated that the Ag Committee, Planning Board, and Town Board Members will be meeting on June 1, 2015 at 7:00 pm. to work on the Ag Plan. She reported that May 20, 2015 24 Michael Long has spoken with Monika Roth and he has some good ideas. She informed the Town Board that there are some disagreements with the farmers. She stated that the Consortium has been working on the MCA’s (agreements with the towns) and they are almost done. She stated that once the new changes come through, they will need to be signed. She also stated that their administrative overhead is very small. Monthly Report The Supervisor submitted her monthly report for the months of March 2015 and April 2015, to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT Guy Krogh Bone Plain Water Project Town Counsel Guy Krogh informed the Town Board that the project will be going out to bid soon. Funding needs to be in place as a bond is required. He will contact the Harris Beach Office in Rochester with the initial information. MOTION TO ENTER EXECUTIVE SESSION Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS A CONTRACTURAL MATTER WHERE PUBLIC DISCLOSURE WOULD IMPAIR TERMS OR PRICE FOR THE TOWN AT 7:56 PM. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Doug Dake moved to EXIT EXECUTIVE SESSION AT 9:23 PM. Councilperson Edward LaVigne seconded the motion. All in Favor - 5 Opposed - 0 ADJOURN MEETING Councilperson Doug Dake moved to adjourn the Meeting at 9:24 p.m. Councilperson Edward LaVigne seconded the motion. All in Favor - 5 Opposed - 0 Minutes taken by the Deputy Town Clerk and executed by the Town Clerk and Deputy Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC Debbie Munson