HomeMy WebLinkAbout2015-06-17 June 17, 2015
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REGULAR TOWN BOARD MEETING
June 17, 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 Deputy Supervisor, Sharon Bowman and opened with the Pledge of
Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following
to be
PRESENT:
Robert Cree, Councilperson Doug Dake, Councilperson
Ruth Hopkins, Councilperson Edward LaVigne, Councilperson
ABSENT: Kathy Miller, Supervisor
ALSO PRESENT: Sharon Bowman, Deputy Supervisor, Cricket Purcell, Deputy
Highway Superintendent, Guy Krogh, Town Counsel, Steve Colt, Parks and Recreation
Superintendent, Dan Veaner, Lansing Star, Connie Wilcox, John O’Neill, Village of
Lansing, Ted Laux, Claes Nyberg, Dan Adinolfi, Chris Williams, Susie Gutenberger,
Mike Sigler, Tompkins County Legislator, Ibe Jonah, and a few other attendees.
WATER AND SEWER ADVISORY BOARD – DAN ADINOLFI
WATER AND SEWER ADVISORY BOARD REPORT
JUNE 17, 2015
The Water and Sewer Advisory Board (AB) met on June 11, 2015.
We had a few guests at this month’s meeting. First, we spoke with the Rasmussen’s
from Triphammer Terrace. With their property already in the water district but
without water service, they asked what would be involved with having water service
added to their property. The AB considered the engineering and work involved,
and asked that the Rasmussen’s talk to their neighbor, also without water service to
see if they are also interested in having it. The AB also wanted to consult with the
Highway Department to understand the costs of various engineering plans,
factoring in the possible interest of the Rasmussen’s neighbor. Once these details
are understood, water service should be provided through the typical process.
Next, two residents from Lansing Station Road, Steve Nedrow and LeAnn Bennett,
asked about obtaining water on Lansing Station Rd. The AB discussed the process
that has been ongoing for the Lansing Station Rd. residents looking to get water
service. Though it would make sense, both financially and organizationally, to bring
in new Outside Users together even if there is no formal water district extension, the
rules and law force individual property owners to have individual Outside User
Agreements and run separate service lines. That said, the time required to go
through a district extension process might be longer than individuals may be
comfortable with, or the district extension process may fail. The AB suggested that
Mr. Nedrow and the Bennetts work with the other residents in the neighborhood to
complete the petition process that was discussed at the last AB meeting, and to have
the residents report back to the AB at its July meeting. At that point, the AB will
have a better understanding of the interest in a water district extension, and we can
advise residents accordingly. To cover the possibility that a district extension may
not be feasible, we also suggested that the Bennetts move forward with the process
of requesting an Outside User Agreement, though such an agreement will not be
signed by the Town Board until after the option of a district extension has been
factored out.
Finally, the AB discussed some changes to the standards for Bolton Point’s
requirement that the water district should be documented with “as-built” drawings
of the water district’s infrastructure. The most substantial change to the existing
rules was a rule that required developers to submit the as -built drawings before any
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testing could be done to a new water system addition. This will help reduce the
likelihood of Bolton Point taking over a new water system addition without having
the documentation necessary to maintain that addition safely. After some discussion
about this and some minor changes to the language in the rules, the AB agreed that
these changes were useful and necessary for the water system.
The next meeting of the Water and Sewer Advisory Board will be on July 9, 2015 at
7:00 p.m. at the Town Hall.
Councilperson Edward LaVigne asked the distance between the existing waterline and
the Nedrow and Bennett properties. Mr. Addinolfi stated that they are a group where the
current waterline ends. The Bennett and Jetty properties are on the east side and the
Nedrow property is on the west side. Mr. Addinolfi believes there are currently seven
names on the petition as they were asked to get as many names as possible.
Councilperson Ruth Hopkins asked what decides a formal water district extension versus
an outsider user agreement extension and if there is a cost consideration before that
decision is made.
Counsel Guy Krogh stated there are guidelines that exist in the NYS Comptroller’s rules.
He noted the Town of Lansing has a consolidated water district and user local law that
specifies the three findings that must be made to create an extension or to look at an
outside user as follows:
1. The financial feasibility and cost structure of the proposal and the impacts.
2. Engineering Report.
3. Public Interest.
Counsel Guy Krogh stated that all of these factors are considered and within the scope of
the Water and Sewer Advisory Board who makes a recommendation to the Town Board.
He noted that the Town Board has the authority to make the final decision.
MOTION TO OPEN PUBLIC HEARING – ANNUAL STORM WATER REPORT
Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON THE
ANNUAL STORM WATER REPORT at 6:12 pm. Councilperson Doug Dake
seconded the motion.
All in Favor - 4 Opposed - 0
No one addressed the Town Board.
MOTION TO CLOSE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Robert Cree moved
to CLOSE THE PUBLIC HEARING at 6:13 pm. Councilperson Ruth Hopkins
seconded the motion.
All in Favor - 4 Opposed - 0
MOTION TO OPEN PUBLIC HEARING – LOCAL LAW #5 OF 2015 TO
OVERRIDE THE TAX LEVY LIMIT
Councilperson Ruth Hopkins moved to OPEN THE PUBLIC HEARING ON LOCAL
LAW #5 OF 2015 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN
GENERAL MUNICIPAL LAW §3-C at 6:14 pm. Councilperson Robert Cree
seconded the motion.
All in Favor - 4 Opposed - 0
No one addressed the Town Board.
June 17, 2015
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MOTION TO CLOSE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Doug Dake moved to
CLOSE THE PUBLIC HEARING at 6:15 pm. Councilperson Edward LaVigne
seconded the motion.
All in Favor - 4 Opposed - 0
A resident had signed up to speak during the Public Hearing but was neglected to be
called upon to speak at the appropriate time and was allowed to speak after the Public
Hearing closed. The resident encouraged the Town Board to be aware of what was
currently going on in regards to the Property Tax Cap. They referred to last minute tax
cap changes being considered during the legislative session today, including pilots and
BOCES. The resident stated the Town Board is looking to override the tax cap when
there are currently no rules and regulations in place. The resident stated it was a lot of
excess work and expense for the Town Board and was not very beneficial to the taxpayer.
Deputy Supervisor Sharon Bowman stated that she had supplied the following as a
handout on the back table:
PLEASE NOTE: Space is left blank as the following scanned document did not allow it
to be moved up.
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June 17, 2015
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MOTION TO OPEN PUBLIC HEARING – LOCAL LAW #6 OF 2015 TO
IMPLEMENT MINOR AMENDMENTS TO THE UNSAFE BUILDING LOCAL
LAW
Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON LOCAL
LAW #6 OF 2015 – AMENDMENTS TO TOWN OF LANSING UNSAFE
BUILDINGS LOCAL LAW, LOCAL LAW #5 OF 2004, TO CORRECT
TYPOGRAPHICAL ERROR AND CLARIFY THAT ALL ADMINISTRATIVE
APPEALS ARE TO THE TOWN BOARD at 6:17 pm. Councilperson Ruth Hopkins
seconded the motion.
All in Favor - 4 Opposed - 0
Counsel Guy Krogh explained the need for clarification of adopting Local Law #6. He
noted there was a typographical error that referred to the Town Court instead of Town
Board. He noted this minor change needed to be corrected by Local Law.
June 17, 2015
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MOTION TO CLOSE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Edward LaVigne
moved to CLOSE THE PUBLIC HEARING at 6:20 pm. Councilperson Robert Cree
seconded the motion.
All in Favor - 4 Opposed - 0
LANSING COMMUNITY LIBRARY REPORT – SUSIE GUTENBERGER
Lansing Library Report to the Town of Lansing:
Our Summer Reading Kick Off/ with Hilby and the semi-annual book sale will be held
Saturday, June 20th. There will be face painting and ice cream along with a book give
away.
The library participated in the Lansing Loves to Read Zero to Three Jubilee. We supplied
teen workers and family crafts.
The Finger Lakes Library System hired a new director, Sarah Gligouwski. She will start
work in July. We expect some enhanced services from the system, once Sarah is trained.
We are having some masonry repair work done to the exterior of the building this month.
We continue to work on redoing the highway side facade of the library.
5,088 items were checked out by 626 Lansing patrons this month.
842 patrons logged into our public computers this month.
14 new Lansing patrons were added this month.
Approximately 1,600 people visited the library this month.
Councilperson Edward LaVigne asked if the masonry repair work had a special fund.
Librarian, Susie Gutenberger stated that Senator Nozollio had given $10,000.00 two
times that was earmarked for the restructuring of the building front. The masonry work
that is being done is only a few hundred dollars and is taken out of the existing budget of
$1,500.00.
Councilperson Edward LaVigne asked if people could donate to the library and if it could
be designated to a specific area. Susie Gutenberger noted there is a form to complete and
when a check is written, it can be designated on the form where they would like it to be
used.
Councilperson Edward LaVigne asked if the library sent out a mailer in regards to
donations. Susie Gutenberger stated that the Friends of the Library group sent out a
Valentine’s letter and raised donations that purchased two public computers. Mr.
LaVigne noted that in the next Town’s Newsletter there could be a page designated for
donations where monies could be raised for various groups such as Lansing Community
Council, the Library, Lansing Recreation, and Lansing Fire Departments along with other
community charities. He noted that this would save all the other charities money.
Councilperson Doug Dake asked if volunteer labor is used on any of these projects at the
library. Librarian Susie Gutenberger noted that over fifty volunteer hours are used each
week. She stated that one of the staff members is a volunteer along with many volunteers
at the books sales, gardening and numerous special programs. Councilperson Doug Dake
asked if any of the maintenance work and projects involve volunteers. Ms. Gutenberger
informed the board that there is a volunteer Friends Maintenance Committee who three
times a year organize work parties for maintenance projects. She noted there is a
volunteer form at the library and can also be found on their website.
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TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER
TOMPKINS COUNTY LEGISLATOR – MIKE SIGLER’S REPORT – 06/18/2015
Hello and thanks for having me again.
After five hours of hearing from voters and debating the development of the old library
site, we came to… no decision. We ended in a stalemate last night at 6 to 6. We had two
members missing so it looks like they will be the ones deciding it although I think some
members who were there don’t have a strong feeling either.
I was on the committee choosing the developer and I went with Travis Hyde. They’re
proposal gives you 60 units as opposed to 22 with the Franklin proposal. The Franklin
plan has garnered a lot of public support and is a solid plan. I think both plans will work,
but the Travis proposal also accommodates Lifelong and develops 3 lots instead of just
the library site.
Legislators Nathan Shinagawa, Will Burbank, Carol Chock, Dooley Kiefer, Dan Klein,
and Leslyn McBean-Clairborne voted no; Legislators Peter Stein and Kathy Luz Herrera
were excused and we’ll have to see on July 7th how they’ll vote.
More than 70 people fill Legislature Chambers, and roughly half of them spoke, nearly
all speaking in favor of the Franklin Properties team project as most appropriate for the
site and for the community. The Franklin project would adapt the structure of the existing
Old Library to accommodate 22 market-rate condominium units, as well as medical
offices and a wellness center, a community meeting room, and a café.
Either way, the county will get almost a million dollars for the property and it will go
back on the tax rolls.
Don Barber, executive director of the Greater Tompkins County Municipal Health
Insurance Consortium, provided an update report to the Legislature on the Consortium,
which began to operate in 2011.
Among operation highlights, the Consortium, a successful shared services program,
received $36 million in premiums and paid $29.8 million in claims, resulting in $3.85
million in net income and approved a premium rate increase of only 5% for 2015.
You can read the Consortium’s 2014 Annual Report at
http://tompkinscountyny.gov/…/Annual%20Report-May%201%20201….
The Legislature set July 7 as the date of public hearing on the Tompkins Cortland
Community College 2015-2016 operating budget. The hearing will begin at 5:30 p.m. at
Legislature Chambers, located in the Governor Daniel D. Tompkins Building, 121 E.
Court Street (second floor), Ithaca.
At the June 2, 2015 meeting Amy Wilson Guerreri was been appointed Tompkins County
Commissioner of Personnel following a national search. The appointment is for an initial
six-year term, as is required under provisions of New York State Civil Service Law.
The county also reconfirmed its support and preference for a single-payer approach to
health care coverage in New York State. I repeated my skepticism about the proposal,
calling its assumptions unrealistic, and characterizing it as a system that would ultimately
hurt the middle class. I won’t re-litigate it here, but it’s unclear how a state that can’t pay
for the “single payer” is has in place, Medicaid, without the counties, would be able to
expand that system to everyone. Mind you too, I don’t believe this would be Medicare
for all, but Medicaid for all and I’m not sure our seniors would approve.
We also set the 2016 Budget Guidelines. The fiscal targets for County departments will
be equal to the amount provided by the 2015 budget for discretionary programs and
mandated responsibilities, less any one-time or reallocate costs, and also by changes such
as negotiated wage growth and changes in fringe benefit rates.
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Lastly, The Legislature, by unanimous vote, scheduled a public hearing on an updated
Tompkins County Agriculture and Farmland Protection Plan. The hearing will be held
July 7, 5:30 p.m., at Legislature Chambers, located in the Governor Daniel D. Tompkins
Building (second floor), 121 E. Court Street, Ithaca. Legislators heard an overview of the
proposed plan update from Monika Roth of Cooperative Extension. Read more about the
draft plan and view the plan itself at http://www.tompkinscountyny.gov/planning/rural-
resources.
Thanks,
Mike
PLANNING CONSULTANT REPORT – MICHAEL LONG – (Available for
handouts but was not present at the meeting)
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 Requested DEC to review proposed ORENCO system and site plan.
Revised plan shows 80 foot and 85 foot setbacks.
o ORENCO system does not treat “phosphorus” and it is an intermittent
stream. NYS DEC is also reviewing the setback requirements.
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, Meeting
held on 4/8/2015 – still 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.
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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 completed.
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 – Completed May 11, 2015 – SEQR and Preliminary Plat
Subdivision approved.
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 Approved May 11, 2015 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 June 1, 2015 –
o proposed Joint PB and Town Board Meeting – tentative June 22, 2015
Global Phoenix Computers (IDA / Costich Engineers– tie into existing sewer
system and 151 additional car parking lot
o 239 review requested 6/4/2015
PARKS AND RECREATION REPORT – STEVE COLT
Parks & Recreation Department
6/17/15
Town Board Meeting
RECREATION
June 17, 2015
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Our spring LBP and LSP baseball and softball season ended this past Saturday.
We arranged to have a few extra attractions from Jump Around Inflatable’s at
the fields for the players and families. The event went very well and we look to
continue this in the upcoming years.
It should be noted that both Pat Tyrrell and Troy Hradisky arrived at the fields
before 7 AM on Saturday to make the fields playable. It had rained all night and
their efforts made the early games possible.
The “Travel Season” started this week. We have a 12U Softball team, two 10U
baseball teams and two 12U baseball teams. These teams will play games
against other towns through the end of June and the month of July.
The Summer Recreation Program registration forms have been coming in a
steady pace. Last year at this time we had taken in around $65K in fees. As of
now we are over $73K in fees. We still have room in most of our programs and
this is due to the amount of offering that we have.
Late Summer and Fall packets went out today.
PARKS
Our beachfront inspection by the Tompkins County Health Department is set for
Wednesday June 24th. The swim area is set to open for the season on Monday
June 29th.
Another volunteer work crew from Cargill is scheduled to continue working at
Salt Point today under Katrina’s direction. These volunteer teams from Cargill
are extremely productive! Steve stated the FOSPC (Friends of Salt Point
Committee) is a great committee!
The Fireworks are set for July 3rd with the rain date of July 5th.
Concerts are scheduled to start on July 9th.
Lake levels are very near flood stage for us now. There is also a lot of debris
floating in the marina and in the lake.
PRIVILEGE OF THE FLOOR
REPORTS FROM LIAISON OFFICER – CONNIE WILCOX – LANSING
HOUSING AUTHORITY AND THE LANSING FIRE DEPARTMENTS:
Lansing Housing Authority
Woodsedge is at full occupancy. There is awaiting list of 20 for one bedroom
apartments and 6 for two bedroom apartments.
A study was done by Liberty, a division of CRM and they determined that a
second building is not needed at this time.
Looking into an addition to the Community Room. If all attend an event there is
not enough room. A capitol need assessment needs to be done as reserve funds
from Rural Development would like to be used versus borrowing money. There
is already a debt for the elevator project which raised the rents.
Building is well maintained and is in great shape. Chris Stout is the new
Superintendent at Woodsedge.
The seniors are a very active group which now consists of younger tenants
starting at age 55.
June 17, 2015
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Raised beds for gardens were done through gift funds. Kathy Wadell has been
very involved with this along with Chris Stout. This year compost and mulch
were purchased.
Lansing Fire Departments
New training structure tower is behind Central Fire Station. This will be used by
Tompkins County and neighboring towns. This is a great asset as training was
previously done in Ithaca. The state mandates for training hours are a lot. The
approximate cost of the project is $80,000.00
A $300,000.00 (approximate) extensive renovation is being done at Station #4 in
North Lansing.
The two projects have been planned for a long time and money has been set aside
for these.
A new pumper is being purchased at a cost of approximately $730,000.00.
New windows are being installed at Central and Station #3
Connie commended the Fire Departments and noted there has been long term
planning and no additional debt will incur for any of these projects along with no
increase in taxes. The fire district tax rate has been lowered by two cents this
year.
There is a sound long term plan in place.
A resident addressed the town board noting four issues they were concerned with.
1. Last month the town board minutes did not note people’s names that spoke at
the meeting. They would like to see people’s names listed.
2. Asked if the NYS Girls School had been removed from the sell list.
3. Wanted to know the status of the NYSEG 500 acres that were being
considered for a state land park.
4. Encouraged the Town Board to have a more interesting website, containing
a monthly calendar with pictures and events along with including historical
information on Lansing.
Deputy Supervisor Sharon Bowman noted that the NYS Girls School has been removed
from the sellable list.
Councilperson Ruth Hopkins stated that the 500 acre NYSEG property is on hold. She
noted that NYSEG did not want to address the issue of selling the land.
Deputy Supervisor Sharon Bowman noted that there have been multiple conversations in
regards to the Town’s website. She stated it will cost more money and someone to
provide the service. Deputy Supervisor Sharon Bowman stated that they need someone
on staff to dedicate 10 hours a week to the website and they currently do not have
someone. Dan Veaner, (Town’s current website provider) noted that the website can
provide all the requested services, but more funding would be required.
LABOR DAY SOCCER TOURNAMENT REQUEST
Tournament organizer Ibe Jonah, after meeting with the Town of Lansing Planning
Board, addressed the Town Board requesting permission to hold a Labor Day Soccer
Tournament on the Lansing fields, (Grantchester Youth Soccer Fields) off of East Shore
Drive (Ithaca Youth Soccer Club, Inc./John F. Young). Mr. Jonah noted that he was here
tonight in front of the Town Board asking for forgiveness after the Planning Board
formally voted unanimously by resolution to make an exception for the tournament
request including recommending it for approval to the Town Board.
After discussions, it was the consensus of the Town Board to accommodate the request to
allow the tournament which will be a Men’s Open, 30, 40 and 50 age divisions. The
tournament will bring around 450 participants using the Lansing fields and one other
location in Tompkins County. It was noted that the event will bring tourism revenue to
local businesses, along with providing exposure to youth players watching professional
tournament players.
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Counsel Guy Krogh noted there was not a recommendation from the Planning Board by
resolution to the Town Board for approval. He noted because of the classification of club
use, it will require site plan review and a special permit. Counsel also noted that because
of the number of conditions and restrictions the four steps below were discussed along
with presenting them several weeks ago to Planning Consultant Michael Long and the
Planning Board:
1. Classify the fields as a non-commercial park or playground.
2. Amend the special use permit requiring an environmental and 239 review and
still call it a club.
3. Choose not to enforce it noting the condition prohibiting the use is
questionable.
4. Ask the ZBA for a variance.
The option of reclassifying the property was discussed. Counsel Guy Krogh stated that
this would require the Town of Lansing Zoning Officer to make a determination. He
noted that once a determination is made anyone who disagrees has the option to appeal it
to the Zoning Board of Appeals.
It was the consensus of the Town Board to discuss this further at the Joint Town and
Planning Board meeting on June 22nd to expedite the request.
Ibe Jonah, Tournament Organizer thanked the Town Board for their consideration on his
request.
RESOLUTION APPROVING THE 2015 ANNUAL STORM WATER REPORT
RESOLUTION 15-73
RESOLUTION APPROVING 2015
ANNUAL STORM WATER REPORT
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town’s Annual Storm Water Report is prepared and due for the required
annual review pursuant to Local and State Laws and related regulations; and
WHEREAS, a copy thereof was timely filed in the Office of the Town Clerk for public
review; and
WHEREAS, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road,
Lansing, New York, being in the Town of Lansing, on the 1 7th day of June, 2015, at 6:
P.M., to consider the Annual Storm Water Report, and all persons interested in the
subject thereof were duly heard, and a summary and review thereof was duly had; and
WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansin g
has hereby
RESOLVED, that the 2015 Annual Storm Water Report be and hereby is approved, and
once placed into its final form for submission to NYSDEC by the Town’s Highway
Department, said report may be signed and certified by the Highway Superintendent or
Deputy Highway Superintendent, by, for, on behalf of and in the name of the Town of
Lansing, and the same shall be thereafter duly filed with the NYSDEC.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Robert Cree, 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
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June
17, 2015.
June 17, 2015
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RESOLUTION ADOPTING LOCAL LAW #5 OF 2015 TO OVERRIDE THE TAX
LEVY LIMIT
RESOLUTION 15-74
RESOLUTION ADOPTING LOCAL LAW #5 OF 2015
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, the proposed Local Law #5 of 2015 proposes to authorize the Town Board
override the limit on the amount of real property taxes that may be levied by the Town of
Lansing, County of Tompkins, for the fiscal year beginning January 1, 2016 and ending
December 31, 2016, so as to allow, if necessary or desired, a real property tax levy in
excess of the “tax levy limit” as defined by General Municipal Law §3-C; and
WHEREAS a public hearing was duly held upon June 17, 2015 at the Lans ing Town
Hall, 29 Auburn Road, Lansing, New York, whereas the public was invited to comment
upon the proposed Local Law, and whereat all persons interested in the subject were duly
heard and all evidence submitted, if any, was duly received; and
WHEREAS, upon due deliberation thereupon, and in consideration of all discussions and
matters arising from or in relation to the aforesaid public hearing, the Town Board of the
Town of Lansing has hereby resolved, and thus be it so enacted, as follows:
RESOLVED, that Local Law Number 5 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 the adoption of such proposed Resolution was duly motioned by
Councilperson Ruth Hopkins, duly seconded by Councilperson Robert Cree, and put to a
roll call vote with the following results:
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June
17, 2015.
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 5 OF 2015
TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN
June 17, 2015
14
GENERAL MUNICIPAL LAW §3-C
Be it enacted by the Town of Lansing as follows:
SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as
“Local Law, Number 5 of 2015”. It is the intent of Local Law Number 5, of 2015 to
override the limit on the amount of real property taxes that may be levied by the Town of
Lansing, County of Tompkins pursuant to General Municipal Law §3-C, and to allow the
Town of Lansing, County of Tompkins to adopt a Town budget for (a) Town purposes,
and (b) any other special or improvement district, and Town improvements provided
pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year
beginning January 1, 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.
SECTION 2: AUTHORITY: This Local Law is adopted pursuant to
subdivision 5 of General Municipal Law §3-C, which expressly authorizes the Town
Board to override the tax levy limit by the adoption of a Local Law approved by vote of
at least sixty (60%) of the Town Board.
SECTION 3: TAX LEVY LIMIT OVERRIDE: The Town Board of the Town
of Lansing, County of Tompkins is hereby authorized to adopt a budget for the fiscal year
2016 that requires a real property tax levy in excess of the limit specified in General
Municipal Law §3-C.
SECTION 4: SEVERABILITY: If any clause, sentence, paragraph,
subdivision, or part of this Local Law or the application thereof to any person, firm or
corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to
be invalid or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, or part of the Local Law or in its application to the
person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
SECTION 5: EFFECTIVE DATE: This Local Law shall take effect
immediately upon filing with the Secretary of State.
Adopted June 17, 2015
RESOLUTION ADOPTING LOCAL LAW #6 OF 2015 TO IMPLEMENT MINOR
AMENDMENTS TO THE UNSAFE BUILDING LOCAL LAW
RESOLUTION 15-75
RESOLUTION ADOPTING LOCAL LAW #6 OF 2015 MAKING MINOR
AMENDMENTS TO EXISTING UNSAFE BUILDINGS LOCAL LAW
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, by Local Law No. 5 of 2004 the Town enacted an Unsafe Buildings Local
Law (UBLL) and it has been discovered that a typographical error references the Town
Court instead of the Town Board as an administrative review body, and the purpose of
this local law is to simply correct such change; and
WHEREAS, a public hearing was duly conducted concerning the subject matter of this
Resolution and held upon the 17th day of June, 2015, at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, being in the Town of Lansing, whereat all persons
were duly heard and all evidence taken and received; and
WHEREAS, this matter does not fall under the jurisdiction of General Municipal Law for
review under § 239, et seq., and this local law is a Type II Action under SEQRA (6
NYCRR §§ 617.5(20), (27)) such that no environmental review is required, and therefore,
upon due consideration, the Town Board of the Town of Lansing has hereby
June 17, 2015
15
RESOLVED, that Local Law Number 6 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 the 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
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June
17, 2015.
TOWN OF LANSING LOCAL LAW #6 OF 2015
AMENDMENTS TO TOWN OF LANSING
UNSAFE BUILDINGS LOCAL LAW,
LOCAL LAW #5 OF 2004, TO CORRECT TYPOGRAPHICAL ERROR
AND CLARIFY THAT ALL ADMINISTRATIVE APPEALS
ARE TO THE TOWN BOARD
Section 1 - Title. This local law shall be known as Local Law #6 of 2015.
Section 2 – Purpose & Findings. The intent and purpose of Local Law #6 of
2015 is to promote the public health, safety, protection and general welfare of the
Town of Lansing and its residents and visitors by amending the Town of Lansing
Unsafe Buildings Local Law to correct a typographical error that lists the Town
of Lansing Justice Court as an administrative appeals body. Such error is a
typographical error that has remained unnoticed for years as there have been
few incidents of uncooperative landowners. The fact of a typographical error is
plain from the language of § 28 of such Local Law, and due to the fact that the
Town has no authority under New York law to assign duties to the courts of the
New York State Unified Court System. This Local Law is thus adopted pursuant
to the authority of the New York State Constitution Article IX, Town Law § 130,
General Municipal Law § 78-b, Municipal Home Rule Law § 10, and the Statute
of Local Governments.
Section 3. Amendments to Unsafe Buildings Local Law.
A. Section §9(g) of Local Law #5 of 2004 be and hereby is amended to read as
follows:
“(g) a time and place for a hearing, if an objection is filed, to be held between
5 and 20 days after the objection is filed, before the Town Board, and”
June 17, 2015
16
B. Section 10 entitled “Hearings” be and hereby is amended to read as
follows:
“In the event of an Emergency, the hearing date may be accelerated by order
of the Town Board, which such order may be granted ex parte upon a
showing of good cause by any party. At any appeal or hearing under this
Local Law (except those arising under Article 78 of the Civil Practice Law and
Rules) the initial burden of proof shall be upon the Town of Lansing, which
shall be required to show by a fair preponderance of the evidence that the
building or structure is an Unsafe Building, a Hazardous Building, or that an
Emergency exists. If that burden is met, the Owner, or other aggrieved
Person, may rebut the Town of Lansing’s showing by the introduction of
evidence that establishes by a fair preponderance of the evidence that the
building or structure is not an Unsafe Building, Hazardous Building, or that
an Emergency does not exist. At any criminal hearing or trial, the Town of
Lansing shall have the burden of proof to show, beyond a reasonable doubt,
that any Person charged with a violation of this Local Law violated any one
or more terms or requirements of this Local Law.”
Section 4. Severability. If any word, phrase, sentence, part, section,
subsection, or other portion of this Local Law, or the application thereof to any
Person or to any circumstance, is adjudged or declared invalid or unenforceable
by a court or other tribunal of competent jurisdiction, then and in such event
such judgment or declaration shall be confined in its interpretation and operation
only to the Persons and facts and transactions then in issue and to the provision
of this Local Law that is directly involved in the controversy in which such
judgment or declaration is rendered, and such judgment or declaration of
invalidity or unenforceability shall not affect or impair the validity or
enforceability of the remainder of this Local Law or the application hereof to any
other Persons or circumstances. If necessary as to such Person or circumstances
such invalid or unenforceable provision shall be and be deemed severed from
this Local Law, and the Town Board hereby declares that it would have enacted
this Local Law, or the remainder hereof, even if, as to particular provisions and
Persons or circumstances, a portion hereof is severed or declared invalid or
unenforceable.
Section 5. EFFECTIVE DATE. This Local Law shall take effect immediately.
APPROVE AMENDED AUDIT FROM MAY 20, 2015 GENERAL FUND (A&B)
Information Aide Sue Munson informed Deputy Town Clerk Debbie Munson that
mistakenly a reimbursement had been processed twice in the amount of $31.00 resulting
in the amended amount below.
RESOLUTION 15-76
Councilperson Robert Cree moved to approve the following amended General Fund
(A&B) item line:
FUND TOTAL APPROPRIATIONS
GENERAL FUND (A&B) $ 95,034.95
Councilperson Ruth Hopkins 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
June 17, 2015
17
Accordingly, the foregoing Resolution was approved, carried and duly adopted on June
17, 2015.
APPROVE AUDIT and BUDGET MODIFICATIONS
RESOLUTION 15-77
Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the
following bills and to make the following budget modifications.
CONSOLIDATED ABSTRACT # 006
DATED _06/17/2015__
AUDITED VOUCHER #’s 471-576
PREPAY VOUCHER #’s 471-477
AUDITED T & A VOUCHER #’s 42 - 50
PREPAY T & A VOUCHER #’s 42 - 45
FUND TOTAL APPROPRIATIONS
GENERAL FUND (A&B) $ 176,201.65
HIGHWAY FUND (DA&DB) $ 94,889.87
LANSING LIGHTING (SL1, 2 &3) $ 1,315.76
LANSING WATER DISTRICTS (SW) $ 158,774.50
TRUST & AGENCY (TA) $ 38,299.03
LANSING SEWER DISTRICTS (SS1, SS3) $ 6,795.68
DEBT SERVICE (V) $ 0.00
BUDGET MODIFICATIONS
GENERAL A FUND
June 17, 2015
FROM TO FOR AMOUNT
A1990.400 A1430.400 FROM CONTINGENCY TO PERS-CONTRACTUAL 500.00
WELLNESS W EDNESDAY EXPENSES
A1990.400 A9040.800 FR CONTINGENCY TO WORKERS COMP INS 2,713.36
INCREASE IN WORKERS COMP INS
A1990.400 A1930.400 FR CONTINGENCY TO JUDGEMENTS & CLAIMS 6,847.25
COURT ORDERED REFUND OF TAX LEVY 2012/2013
BUDGET MODIFICATIONS
GENERAL B FUND
June 17, 2015
FROM TO FOR AMOUNT
B599 B9040.800 FR FUND BAL TO WORKERS COMP INSURANCE 224.38
INCREASE IN WORKERS COMP
June 17, 2015
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BUDGET MODIFICATIONS
HIGHWAY DA FUND
June 17, 2015
FROM TO FOR AMOUNT
DA599 DA9140.800
FR FUND BALANCE TO WORKERS COMP
INSURANCE 629.04
INCREASE IN WORKERS COMP INSURANCE
DA599 DA1930.400 FR FUND BALANCE TO JUDGEMENTS & CLAIMS 6,325.17
COURT ORDERED REFUND OF TAX LEVY 2012/2013
BUDGET MODIFICATIONS
HIGHWAY DB FUND
June 17, 2015
FROM TO FOR AMOUNT
DB599 DB9040.800 FR FUND BALANCE TO WORKERS COMP INS 404.66
INCREASE IN WORKERS COMP INSURANCE
BUDGET MODIFICATIONS
WATER SW FUND
June 17, 2015
FROM TO FOR AMOUNT
SW1990.400 SW9040.800 FR CONTINGENCY TO WORKERS COMP INS 460.56
INCREASE IN WORKERS COMP INSURANCE
Councilperson Doug Dake seconded the motion and it was carried by the following roll
call vote:
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried and duly adopted on June
17, 2015.
BOARD MEMBER REPORTS
Robert Cree & Ruth Hopkins
Personnel Committee
The committee continues to meet and are working hard on revising the Town of Lansing
Employee Handbook. There is a long list of revisions to review with counsel. Ruth noted
that the committee tweaked section 800 that was approved by resolution at the May
meeting and this will be adopted when the final revisions are made.
Doug Dake
Emergency Preparedness Committee
The last Emergency Preparedness Committee meeting was cancelled last night. Doug
reported that the Town Board had previously passed a NIMS Resolution in 2006,
therefore a new one is not needed. The next meeting will be, Tuesday July 7th.
Planning Consultant Report
As liaison to the Planning Board, Doug asked if there were any questions on the report.
He noted that the highlights were in yellow and they continue to be very busy.
June 17, 2015
19
Autumn Ridge
Doug reported that things are moving along as T.G. Miller has a lot of the specifications
completed.
Town Hall
The outside work on the front entrance of the Town Hall should be completed next
month. Sidewalks along with new planters will be installed.
Edward LaVigne
Ed reported that the seniors are doing well. The highway crew is working on the front
steps of the library.
Debbie Crandall
Minutes
Debbie addressed the question of listing individual names under privilege of the floor in
the minutes. She noted that the change in listing residents names and addresses in the
minutes changed several years ago based on the information from classes she attended (at
the Town Clerk’s Annual Conferences) given by Robert Freeman (Executive Director of
the NYS Committee on Open Government). Mr. Freeman’s recommendation was not to
list names and addresses in Town Board minutes as she could legally be held responsible
if something was to happen to an individual based on information in the minutes. She
noted that names of individuals could be named under a Public Hearing. She stated that
if people had concerns or questions they could contact Mr. Freeman and she would
supply the number (518-474-2518).
Ruth noted that she has a copy of a statement made by Robert Freeman that she keeps in
her notebook. She stated that Debbie’s information is correct on his advice. She also
noted that if the Town Board wishes to, they can put a motion forward to have these
statements included in the minutes.
Guy noted that if at a meeting an individual states they are against something, submits a
statement and requests it be included in the minutes, you are not supposed to include this.
Ruth stated that a lot of towns do include statements. Guy stated that it is still a record
and something that should be retained, but it is not a part of the official proceedings, it is
a submission. He noted that the recommendation from the Committee on Open
Government agrees that you do not include statements in your minutes.
Guy stated that there are a lot of things that are considered best practices recommended
by the NYS Comptroller, Attorney General, Committee on Open Government along with
issues ensuring the Personal Privacy Protection Law. These entities are the authoritative
decision making bodies that advise NYS as well as its subdivisions and agencies on how
to apply the Opens Meeting Law, Personal Privacy Protection Law and Foil. He noted
that generally if they say you shouldn’t do this than you shouldn’t.
Guy also stated that the Town Board is a Legislative Body and they can direct that the
minutes can be taken however they wish. Formal procedures can be adopted and policies
describing what can be required as minutes, but there are limits to this as the position of
Town Clerk is an elective position. The board can’t dictate everything that is done with
minutes but it can describe what is process and procedure for the town in general.
Debbie noted that she does keep all the letters on file in the vault. The names and
addresses are whited out and it is also noted in the minutes that they are available for
review in the Town Clerk’s Office. She noted that anyone is welcome to come and
review them.
It was noted that the Town of Lansing does a very good job with its minutes.
June 17, 2015
20
Guy noted that before you consider or develop a policy for Lansing and waive the risks
and benefits of including people’s names and private information, even if it is not
technically confidential or personal, the board should understand why the committees and
agencies make their recommendations. He noted that you should always error in favor of
following the guidelines.
Kathy Miller - Absent
Monthly Report
The Supervisor had previously submitted her monthly report for the month of May, 2015
to all Board Members and to the Town Clerk.
Sharon Bowman
Preliminary Budget Meetings
Sharon was following up on an email that was sent from Kathy inquiring when the board
wanted preliminary budget meetings. Some Board Members indicated they wanted them
at the work session meetings and Kathy was concerned with scheduling them at work
session meetings as they had been time consuming. It was the consensus of Board
Members that were present, to try to work them in on the work session meeting night as
time allowed.
Bone Plain Road Water Tank Project
Sharon noted that she has been working with Guy and Municipal Solutions to get a
resolution in place and have bids advertised in order to award the bid at the July regular
meeting. Guy noted that he is working with bond counsel to get things in place for July.
TOWN COUNSEL REPORT
Guy Krogh
Guy noted that he is working on the updated Subdivision Local Law as well as the Dog
Local Law.
The Planning Board is very busy and the Town Board should anticipate in September and
October to approve roadway dedications, drainage districts, etc.
MOTION TO ENTER EXECUTIVE SESSION
Councilperson Ruth Hopkins moved to ENTER EXECUTIVE SESSION TO
DISCUSS A SPECIFIC EMPLOYEES PERFORMANCE AT 7:45 PM.
Councilperson Robert Cree seconded the motion.
All in Favor - 4 Opposed - 0
MOTION TO EXIT EXECUTIVE SESSION
Councilperson Edward LaVigne moved to EXIT EXECUTIVE SESSION AT 9:00
PM. Councilperson Ruth Hopkins seconded the motion.
All in Favor - 4 Opposed - 0
ADJOURN MEETING
Meeting adjourned at the call of the Deputy Supervisor at 9:01 p.m.
Minutes taken and executed by the Town Clerk.
Respectfully submitted,
Debbie S. Crandall, RMC
Lansing Town Clerk
