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HomeMy WebLinkAbout2015-10-21 October 21, 2015 1 REGULAR TOWN BOARD MEETING October 21, 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 6:01 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Kathy Miller, Supervisor Robert Cree, Councilperson Doug Dake, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: None ALSO PRESENT: Sharon Bowman, Deputy Supervisor, Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Deputy Highway Superintendent, Steve Colt, Parks and Recreation Superintendent, Dan Veaner, Lansing Star, Ted Laux, Connie Wilcox, Chris Williams, Matthew Dedrick, and a few other attendees. RESOLUTION TO REQUEST REDUCTION OF SPEED LIMIT ON ATWATER ROAD Supervisor Kathy Miller noted that prior to the meeting a resident submitted a petition for a speed limit reduction on Atwater Road resulting in the following resolution of support. RESOLUTION 15-110 RESOLUTION TO REQUEST REDUCTION OF SPEED LIMIT ON ATWATER ROAD The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing has received a request from the residents along Atwater Road concerned about excessive speeds, and a representative of the neighborhood has presented a petition signed by the residents in support thereof; and WHEREAS, Atwater Road is a Town Highway between Asbury Road and Route 34 at a distance of 0.5± mile. There is a rise approximately ¼ mile from the end of Route 34 that will hide a vehicle from view that presents a visibility hazard when pulling out of driveways. The road consists of many homes and several commercial businesses. This section of road is used by many non-resident drivers as a short cut going to and from North Triphammer Road and Route 34. The road is also used by joggers, walkers and bicyclists with limited or no shoulders on either side; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing supports the requested reduction in speed limit and hereby directs that the Town requests the New York State Department of Transportation to conduct a traffic study along Atwater Road in the Town of Lansing for the purpose of considering reduced speed to enhance safety. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Robert Cree – Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins – Aye Councilperson Edward LaVigne – Aye Supervisor Kathy Miller – Aye October 21, 2015 2 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015 THREE COLOR TRAFFIC SIGNAL AT ROUTE 34B AND NORTH TRIPHAMMER: Supervisor Kathy Miller informed the Town Board and public present that she and Michael Long, Planning Consultant met with the NYSDOT. She noted that it could take at least three years to install the three color traffic signal at this intersection and they will also be considering a roundabout. The NYSDOT noted that the arms of the light would be on land and only one easement is needed. Supervisor Kathy Miller stated that even though the Town Board was not in favor of this installation it did not make a difference in their decision. She would provide the study to the Town Board members for their review. MOTION TO OPEN PUBLIC HEARING – LOCAL LAW #7 – TOWN OF LANSING COMMUNICATIONS TOWER LOCAL LAW Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #7 TOWN OF LANSING COMMUNICATIONS TOWER LOCAL LAW at 6:10 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 No one addressed the Town Board. A copy of Local Law #7 was available online and at the meeting. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:11 pm. Councilperson Ruth Hopkins seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO OPEN PUBLIC HEARING – LOCAL LAW #8 – LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #8 LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING at 6:12 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 Dan Veaner stated he thought the town had a local dog law and was inquiring what happened to it. Counsel Guy Krogh noted that the dog law had periodically been amended since 2004 with the current one being when NYS Ag and Markets, as an unfunded mandate, turned over the licensing to municipalities, (counties and towns, not villages). He noted there were substantial infirmities beyond due process and it had some problems. The Parks Department was not able to write tickets for nuisance dogs in the parks as the dog law didn’t apply to dogs that were not on a leash. He noted that with the new local law, dog control will actually mean dog control. A copy of Local Law #8 was available online and at the meeting. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING at 6:14 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 October 21, 2015 3 TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER Mike reviewed the following report and it was made available as a handout. TOMPKINS COUNTY LEGISLATOR MICHAEL SIGLER REPORT FOR 10/21/2015 Hello and thanks for having me. It’s been a busy month at the County Legislature as we went through the budget. Last night we passed the budget. We adopted amendments to the County Administrator’s 2015 Recommended Budget and the Capital Program for the next five years. The vote was 10-2. The amended budget would increase the County tax levy 1.12%, compared to the 1.3% included in the Administrator’s budget, to meet the Legislature’s 2016 levy goal. The recommended tax rate of $6.73 per thousand is down by 1.77% from 2015. As part of the amended budget, the County Soil Waste Fee would increase by $3.00 from the 2015 level, to $55.00 per household, a dollar less than was in the Recommended Budget. The one thing I added in was a new Community Nurse for the Early Intervention program. I have some experience with this program and for me it’s the most valuable program at the county. The head of the department said he needed the position so I put in for it and there were enough votes to move ahead. The county roads will be getting a $100,000 boost over what was recommended which after the winter’s we’ve had is welcome and the county will be putting more money into a program that reintegrates those released from jail back into the community. This stemmed from the task force set up during the debate over the jail expansion. The Legislature will hold the public budget hearing on Tuesday, November 10 beginning at 7 p.m. at Legislature Chambers, located at the Governor Daniel D. Tompkins Building (Second Floor), 121 E. Court Street, Ithaca. The Legislature’s final budget adoption vote is scheduled for November 17, and changes may still be made prior to final adoption. Amendments to the Recommended Budget, as well as other information regarding the 2015 budget process, are available for review online at the County website at www.tompkinscountyny.gov/ctyadmin/2016budget. We heard findings from the latest survey on homeless you last night. The summary of findings from the fourth Independent Living Survey Project, conducted by the Tompkins County Youth Services Department, Cornell University’s Bronfenbrenner Center for Translation Research, and the Learning Web. Among the many findings, that the issue of housing is crucial, with a very unstable housing situation for young people. In the survey of 208 young people who met the definition of being homeless, one-third indicated that they don’t feel safe; many left home due to conflict; most citing employment concerns, with transportation often being a factor in employment. Substance abuse trends show a decline in use of such substances as marijuana and alcohol, but an increase in those including tobacco, cocaine, and heroin. Top current needs the youth identified included transportation, help finding and affordable housing, and help finding a job. October 21, 2015 4 Read the full study report, posted on the County’s website at www.tompkinscountyny.gov/files/ctyadmin/IndependentLivingSurvey Summary 2015.pdf. – Contact Director Amie Hendrix, Tompkins County Youth Services, 274-5310 Some good news on sales tax. Finance Director Rich Snyder reported a 1.68% increase in County share, compared to the third quarter of 2014, which he characterized as “fairly robust” growth after the year’s first two negative quarters. He noted that the third quarter receipts of $8,788,893 are “historically, the highest third quarter on record”. From earlier in the month: The Legislature approved a request from the Tompkins County Sheriff’s Office to appropriate more than $360,000 from the Contingent Fund to cover anticipated shortfalls in the 2015 budget related to overtime expense in the Road Patrol and Corrections Divisions, and inmate board-out costs. Thanks again for your time and thanks again to Marcia Lynch for her highlights which I draw liberally from for this report. Supervisor Kathy Miller was concerned about the intersection of Asbury and North Triphammer Roads and the blinking light. Mike Sigler will talk to Jeffrey Smith, Tompkins County Highway Director concerning this intersection. LANSING COMMUNITY LIBRARY REPORT – was available has a handout. Town Board Updates from Lansing Community Library October 21, 2015 1. On Tuesday October 27, 2015 at 4:30 PM,LCL is hosting a new story time for young adult readers that includes:  A discussion about the story line, characters, setting, etc.  An interactive part (role-playing, puppets and more)  A hands-on activity(crafts and make-and-takes) 2. The Come and GO Lego program, held every Saturday, continues to be well attended and will run through the fall. 3. The Library Garden has now been decorated for fall so we encourage everyone to go out and walk through it. 4. The Fall Book Sale will be a two day even this year for the first time. On Friday, November 6 the sale will be open from 4 to 7 PM. On Saturday, November 7, 2015, the Book Sale will run from 9 AM to 3 PM. 5. In conjunction with the Fall Book Sale, the Cornell Center for Materials Research Educational Outreach Program will again host Science Saturday at the Community Center, starting at 10 AM. 6. Our community-authored book idea, Heroes of Lansing, has taken a twist. LCL would like to publish stories about local heroes on its Facebook page. Stories (about 1-3 paragraphs) can be sent to LansingHeroes@gmail.com and pictures are particularly welcome. 7. The Tompkins County Board has approved an increase to their annual funding for rural libraries and the Finger Lakes Library System. The increase will be $1,400. 8. The Friends LCL are hosting an Artisan Fair is Friday, December 3 from 4-7 PM and Saturday, December 4, 10-5 PM. The vendor fee is $40 and there are still vendor spots available. Interested parties can find the application forms at the circulation desk. They will also be holding a raffle of a gift basket with artisan "wares" and selling donation "cards" to benefit the Friends. 9. Through October, the LCL artist display is Bowery & Basketry, the sculptural weavings of Gerry Monaghan. October 21, 2015 5 10. Upcoming programs include:  Fall Book Sale November 6 and 7, 2015  Science Saturday, November 7, 2015  Craft Fair, November 2015 PARKS AND RECREATION REPORT – STEVE COLT Steve reviewed the following report and it was made available as a handout: Parks & Recreation Department 10/21/15 Town Board Meeting RECREATION  Youth Soccer just completed their schedule this past Thursday, a week later than usual, due to the late Labor Day holiday this year. We had a really good turn-out this season with only one rain cancelation. We have great volunteer coaches!!!  Flag Football and Small Fry Football are still active with one more game to complete. We have very young teams this year that have shown great improvement.  We have a multitude of programs just starting or about to start for the late fall and early winter seasons. These include: Friday Indoor Soccer, Youth Yoga, Open Bowling, Fall Jump Around, Horse Riding & Handling Camp, Ski Club, Volleyball Camp, Adult Open Swim, Boys & Girls Basketball, Gymnastics, Adult Strength and Stretch, Cardio Step Class, Adult COED Volleyball.  These programs are listed on our web page and have been listed in the Ithaca Journal. We have registration forms in the schools and here in the Town Hall. We have also used the school’s email system to reach the Lansing school families directly.  Within a couple of weeks I will start to recondition our fall program equipment and replace what needs to be based on safety concerns or playability. PARKS  Our parks have finally slowed to an off season pace. The Columbus Day holiday was nearly sold out for camping in Myers Park. The weather was great, but camping is finished for the season. People will continue to exercise walk in the park all winter if weather permits.  The fall clean-up process has started. This is very important for us and directly impacts how the parks will look in the spring. Getting this work done now saves our crew a lot of time in the spring.  We have several memorial trees to pick up and install before we close in early November. Late fall is a great time of the year to plant and is also the best time of the year to purchase!!  Current art work that is hanging is from Ed Brothers (oil pastel paintings) and there will be an organized showing this Friday from 7 – 9 PM. PLANNING CONSULTANT REPORT – MICHAEL LONG – was made available as a handout. October 21, 2015 6  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, letter dated Jan 26, 2015 of issues, revisions currently underway o Site meeting to walk future Smugglers Path road extension – 5/7/2015 – o Request for 1 lot subdivision as an interim step before the entire subdivision is completed – Sept 28, 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 Field work completed 9/4/29015 with Dave Herrick on site. o Public Hearing date – after storm water plan revisions are approved by T.G. Miller…  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 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 – TBD.  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 Revisions are being made to the SWPPP materials. o Revised plan will remove flag lot condition as per Engineer Tim Buhl o SEQRA, Preliminary and Final Plat approvals – TBD.  Ag Plan – Follow up meeting – finalize report meeting June 1, 2015 o Joint Planning Board and Town Board meeting held– June 22, 2015 o Town Board Public Hearing Meeting – July 15, 2015 o Town Board establishes 2nd Public Hearing for Sept. 16, 2015 o Town Board to establish an Agriculture Committee as per the recommendations.  Eisenhut Subdivision / (Sciarabba) Flag Lot - Minor subdivision (2 parcels). October 21, 2015 7 o Sketch Plan review (Aug 10, 2015). o Planning Board waiver for length of driveway over 500 feet and waiver for shared drive) o Public Hearing required – Sept 14th. o Subdivision Approved - Sept 14th meeting.  Conway Subdivision ( Lansing Station) Flag Lot – Minor subdivision (2 parcels) o Sketch Plan Review (Aug 10, 2015). o Planning Board waiver required for 3 continuous flag lots o Public Hearing required – Sept 14th. o Subdivision Approved - Sept. 14th meeting.  Mirabito Holdings, Inc. – Site Plan Requested o 3 acre phased development – LP Gas storage facility o Preliminary Site Plan meeting – tentative Oct 26, 2015 o SEQRA, SWPPP and Site Plan approval – TBD.  A. Scott Piney – Peruville Road Site Plan to add 15 additional duplex buildings o SEQRA, SWPPP and Site Plan approval – TBD.  Comprehensive Plan – Wed. November 11, 2015 at 7:00 PM PRIVILEGE OF THE FLOOR No one addressed the Town Board. RESOLUTION SCHEDULING PUBLIC HEARING FOR THE PROPOSED SPECIAL DISTRICTS BUDGET FOR 2016 RESOLUTION 15-111 RESOLUTION SCHEDULING PUBLIC HEARING FOR THE SPECIAL DISTRICTS PROPOSED BUDGET FOR 2016 The following Resolution was duly presented for consideration by the Town Board: RESOLVED, that the Town Board of the Town of Lansing has prepared the Assessment Rolls of parcels of land included in the Lansing Consolidated Water Districts, CWD Ext. 1, and CWD Ext. 2 and Lansing Light Districts No. 1, No. 2 and No. 3 and the Lansing Drainage Districts, Pheasant Meadow, Whispering Pines, Lake Forest, Farm Pond Circle and Lansing Sewer Districts, Warren Road and Cherry Road and has apportioned and assessed upon such parcels of land in proportion in the amount of benefits the improvements shall confer upon the same the cost chargeable to said Districts in connection with the construction of Public Water, Lighting, Drainage and Sewer Districts, therein which are payable in the year 2016 and therefore, pursuant to Section 239 of the Town Law, the Town Board shall hold a Public Hearing at the Lansing Town Hall, 29 Auburn Road, Lansing, New York at 6:02 p.m., on the 4th day of November, 2015 to hear and consider any objections which may be made to said roll. 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 October 21, 2015. RESOLUTION SCHEDULING PUBLIC HEARING FOR THE PROPOSED BUDGET FOR 2016 October 21, 2015 8 RESOLUTION 15-112 RESOLUTION SCHEDULING PUBLIC HEARING FOR THE PRELIMINARY BUDGET FOR 2016 The following Resolution was duly presented for consideration by the Town Board: NOTICE IS HEREBY GIVEN, that the preliminary budget of the Town of Lansing, Tompkins County, New York for the fiscal year beginning January 1, 2016 has been completed and filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested persons at all reasonable hours and FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will meet and review said preliminary budget and hold a Public Hearing thereon at the Lansing Town Hall, 29 Auburn Road, Lansing, New York at 6:04 p.m. on the 4th day of November, 2015 and that at such hearing any person may be heard in favor of or against the preliminary budget as compiled or for or against any items therein contained and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 108 of the Town Law, that the following are proposed yearly salaries of elected Town Officials of this Town: Supervisor $ 30,306.00 Councilperson (4) Total $ 38,964.00 Each $ 9,741.00 Deputy Town Supervisor $ 3,447.00 Town Clerk $ 42,921.00 Highway Superintendent $ 72,162.00 Town Justice (2) Total $ 36,028.00 Each $ 18,014.00 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 Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. RESOLUTION ADOPTING LOCAL LAW #7 OF 2015 – TOWN OF LANSING COMMUNICATIONS TOWER Supervisor Kathy Miller asked Counsel Guy Krogh to review the Short Environmental Assessment Form and Project Information, Part 1 and Part 2. He noted that EAF maps are available. Within the Projection Information Part 1 the following Narrative Description of the Plan is provided: This action by local law proposes to update definitions, standards and procedures of review, and site planning for tower locations based upon the updates and amendments of the Telecommunications Law of 1996 (“TCA”), to establish locational prioritization reviews, to review tower height, lighting, safety, design, and colocation issues, to address site planning, NEIR, FCC permitting, and RFI requirements, to address traffic, intermunicipal, and emergency response plan issues, to address decommissioning requirements, to establish general review standards for existing and new towers, and to provide for the enforcement of such requirements, including by criminal process and fines. Given that tower site locations usually do not exceed 1 acre, no significant land resources are considered to be likely impacted by this local law, and the only resource impact would be visual impacts, the consideration of which will be reviewed upon a site October 21, 2015 9 specific basis under this local law by and through, among other requirements, a visual EAF addendum and site plan review. RESOLUTION 15-113 RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING AND ADOPTING LOCAL LAW NO. 7 OF 2015 TOWN OF LANSING COMMUNICATIONS TOWER LOCAL LAW The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town has long recognized a need to update its cellular tower ordinance given substantial changes in FCC regulations concerning the scope of authority to review, and process and procedures governing the review of, communications facilities and towers, including antennae, tower siting, and related issues, and for almost a year the Town has reviewed and developed an updated and modernized local law designed to comply with known changes in law and regulations; and WHEREAS, such local law proposes to update definitions, standards and procedures of review, and site planning for tower locations based upon the updates and amendments of the Telecommunications Law of 1996 (“TCA”), to establish locational prioritization reviews, to review tower height, lighting, safety, design, and colocation issues, to address site planning, NEIR, FCC permitting, and RFI requirements, to address traffic, intermunicipal, and emergency response plan issues, to address decommissioning requirements, to establish general review standards for existing and new towers, and to provide for the enforcement of such requirements, including by criminal process and fines; and WHEREAS, as this is not a reordering of any regulations but merely an update to an already existing regulatory scheme, this action is classified as an Unlisted Action under SEQRA such that an environmental review is required, and the Town did duly declare its intent to act as lead agency, prepare a SEAF and all EAF and ERM mapping to examine any potential environmental impacts; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, on the 21st day of October, 2015, to consider the adoption of proposed Local Law #7 of 2015 and the environmental impacts thereof, and all persons were duly heard and all evidence submitted duly considered; and WHEREAS, the County Planning Department issues its § 239 review and made no official comments and noted no negative county-wide or inter-community effects, and no notified involved agency has objected to the Town Board of the Town of Lansing acting as lead agency for this environmental review; and WHEREAS, on October 21, 2015, the Town of Lansing Town Board, in performing its reviewing agency functions in conducting an environmental review in accordance with Article 8 of the New York State Environmental Conservation Law and SEQRA: (i) pursued its thorough review of the project and the completed SEAF, as well as a review of all other documents prepared and submitted with respect to this proposed action; and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have any moderate or significant adverse impacts on the environment, including the criteria identified in 6 NYCRR Section 617.7(c); and (iii) reviewed the SEAF on the record; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or October 21, 2015 10 other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s master plan or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. After consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Town Board finds that the proposed action of approving and adopting Local Law #7 of 2015 – regulating cellular and communications towers in the Town of Lansing, will have no moderate or significant negative environmental consequences or impacts. 2. This declaration is made in accord with Article 8 of the New York State Environmental Conservation Law and SEQRA, and the regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, based upon: (i) its thorough review of the SEAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review; (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have any moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c); and (iii) its completion of the SEAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed actions, and determines that an Environmental Impact Statement is therefore not required. 3. A Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed SEAF and determination of significance shall be incorporated by reference in this Resolution. 4. Local Law Number 7 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.” 5. 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 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 Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. RESOLUTION ADOPTING LOCAL LAW #8 OF 2015 – LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING October 21, 2015 11 RESOLUTION 15-114 RESOLUTION APPROVING AND ADOPTING LOCAL LAW NO. 8 OF 2015 REGARDING THE LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, in 2009 and 2010 the State of New York mandated that municipalities assume almost all responsibility for dog licensing and control, and as a result the Town adopted local law #2 of 2010 for the purpose of meeting such mandate and amending the rules for dog control in the Town, and since such date several problems have arisen and been recognized relative to such local law, including insufficient fine levels, insufficient controls for the leashing of dogs, inadequate provisions for harboring dogs, and improper impounding requirements, and these problems have spilled over into public areas and Town parks, and a request for a new local law with meaningful controls and penalties was forwarded to the Town Board from the town constables and the Director of Parks and Recreation, among others; and WHEREAS, this updated local law proposes to supersede and amend Local Law No. 2 of 2010, the prior dog control local law, and to replace and amend the same by, among other things: (i) updating and adding definitions; (ii) specifying updated processes for dog licenses and renewals; (iii) adding administrative provisions covering lost, stolen, or decease dogs, making rules for purebred licenses and kenneling, prohibiting acts of cruelty to animals and dog licensure, requiring leashing, prohibiting nuisances and chasing, worrying, and attacking of animals, vehicles and persons, and prohibiting damage to property; (iv) addressing dangerous dogs and proceedings; (v) providing for nuisance abatement and remedial order procedures; (vi) addressing impoundments and enforcement, including increased levels of fines for violations as criminal procedures; (vii) providing for redemption and adoption processes consistent with the NYS Ag. and Markets Law; and (viii) making numerous provisions for administering such licensing and dog control requirements, including the adoption of a license and fee schedule for such law; and WHEREAS, this action is a Type II SEQRA Action pursuant to 6 NYCRR Parts 617.5(c)(20) and 617.5(c)(27), and therefore no environmental review is required; and WHEREAS, the Town Attorney and the Village of Lansing attorney duly communicated concerning this local law being enforced and effective within the Village, and the need for the Village to assent or otherwise qualify or authorize the same (given that the Town has no authority to impose its laws over an incorporated village), and Village Counsel noted provisions in the Village Code and the approval and consent of the Village, such that the prior practice of the Town handling all dog licensing and control matters throughout the Town, including in the Village, will remain as standard operating practice relative to dog control, as envisioned both in the NYS Agriculture and Markets law and in this local law; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, on the 21st day of October, 2015, to consider the adoption of proposed Local Law #8 of 2015, and all persons were duly head and all evidence submitted duly considered; and WHEREAS, upon consideration and deliberation upon such proposed local law, and upon the input, advice and consent from the Town Clerk and Court Justices, the Town board of the Town of Lansing has hereby resolved as follows: 1. Local Law Number 8 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.” 2. 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 upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal October 21, 2015 12 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 Edward LaVigne duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING, LOCAL LAW NUMBER 8 OF 2015 FEE SCHEDULE Adopted by Resolution of the Lansing Town Board October 21, 2015 The following fees and surcharges apply to Dogs as of the effective date of the resolution referenced above. Any terms appearing in this fee schedule shall be defined in accord with said Local Law #8 of 2015. 1. DOG LICENSE FEES: EACH ALTERED DOG: $ 14.00 EACH UNALTERED DOG: $ 22.00 NYS POPULATION CONTROL FEE (Per Altered Dog) $ 1.00 NYS POPULATION CONTROL FEE (Per Unaltered Dog) $ 3.00 2. PUREBRED LICENSE FEES: BASE PUREBRED LICENSE FEE (5 to 20 Dogs) $ 100.00 BASE PUREBRED LICENSE FEE (21+ Dogs) $ 200.00 NYS POPULATION CONTROL FEE (Per Altered Dog) $ 1.00 NYS POPULATION CONTROL FEE (Per Unaltered Dog) $ 3.00 3. LATE LICENSE RENEWAL SURCHARGE (after ticketing) $ 10.00 4. UNLICENSED SURCHARGE, FROM ENUMERATION: $ 15.00 5. REPLACEMENT IDENTIFICATION TAG FEE: $ 5.00 6. IMPOUNDMENT FEES: First Impoundment Base fee (includes day 1): $ 30.00 First Impoundment per diem fee: $ 10.00 Second Impoundment Base fee (includes day 1): $ 50.00 Second Impoundment per diem fee: $ 10.00 Third Impoundment Base fee (includes day 1): $ 100.00 Third Impoundment per diem fee: $ 10.00 Dangerous Dog Impounding and Handling base fee: $ 100.00 Dangerous Dog Impounding and Handling per diem fee: $ 20.00 RESOLUTION ACCEPTING DEDICATION OF THE FINISHED ROADWAYS, STORMWATER FACILITIES, AND EASEMENTS FOR THE CAYUGA WAY SUBDIVISION, BOTH AS THE TOWN OF LANSING AND AS AGENT FOR DRAINAGE DISTRICT #8 October 21, 2015 13 RESOLUTION 15-115 RESOLUTION CONDITIONALLY ACCEPTING DEDICATION OF THE FINISHED ROADWAYS, STORMWATER FACILTIES, AND EASEMENTS FOR THE CAYUGA WAY SUBDIVISION, BOTH AS THE TOWN OF LANSING AND AS AGENT FOR DRAINAGE DISTRICT #8 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Developers of the Cayuga Way Subdivision, being comprised of Cayuga Way and part of Lakeview Phase II (the so-called Phase III), being WB Realty Group, LLC and WB Property Group, LLC (jointly and together, the “Developers”), completed the whole of the roadway system for such subdivision and the as-built survey mapping for the same; and WHEREAS, the Town Highway Department has inspected such roads, and the drainage and supporting structures therefor, and has approved the same as ready for dedication as public highways, and the Town Engineer has concurred; and WHEREAS, the stormwater lots, ponds, swales and other facilities have been constructed and likewise approved, subject to only one repair as identified below and already communicated to the Developer, and the easements needed to support stormwater reporting, operation, and maintenance have been duly mapped in accord with the conditions of approval imposed by the Planning Board and the requirements of the SWPPP; and WHEREAS, based upon the easements and the roadways being dedicated in fee, the overall plan for dedication allows the Town and the CWD access to the water lines and improvements within such subdivision; and WHEREAS, the Attorney for the Town has examined title and the proposed dedication forms and maps and has approved the same, and the Developers have now formally offered for dedication certain lands and easements, and rights therein, all as memorialized in certain deeds and maps to be filed in furtherance hereof at the Tompkins County Clerk’s Office; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED that, since the as-built certified maps have been submitted to Bolton Point for review and approval, this proffer of dedication be and hereby is approved and accepted subject to the following conditions: (i) that Bolton Point approve the mapping as submitted; and (ii) that the Developer re-grade the uphill side of the detention pond in Cayuga Way to remove deep wheel ruts and restore positive drainage from the upland area into the pond, and thereafter seed and mulch the area to stabilize soils; and it is further RESOLVED, that upon satisfaction of such conditions (or the submission of acceptable plans or agreements to satisfy the same) the proposed dedications of lands, easements, and highways for and in connection with the Cayuga Way Subdivision, as approved in form by the Town Attorney, be and hereby are accepted by and in the name of the Town of Lansing, in its corporate capacity and as nominee for the to-be-formed Drainage District #8, as referenced in and required by the SWPPP for Cayuga Way, and the Attorney for the Town be and is hereby authorized to take such other and further steps as are or may be necessary to finalize the form of all such documents and to cause the same to be recorded in said County Clerk’s Office; and it is further RESOLVED, that the Attorney for the Town, the Town Supervisor, and the Deputy Supervisor be, and each is hereby, severally authorized to execute such documents and deeds as are necessary to finalize and record such dedications of record in the said October 21, 2015 14 County Clerk’s Office by, for, on behalf of, and in the name of the Town of Lansing and said Drainage District #8, as assignee from the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, 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 October 21, 2015. RESOLUTION AFFIRMING AND DECLARING PROPERTY LINE AND PROPERTY RIGHTS OF THE TOWN AND NEIGHBORING LANDOWNER (WILSON) AT LUDLOWVILLE PARK IN RESPECT OF ANCIENT PROPERTY LINE AMBIGUITY, PRIOR BOUNDARY LINE RESOLUTION, DE MINIMUS RULE, AND NEED TO CLARIFY TITLE AND ESTOP ALL INTERESTED PARTIES FROM MAKING ANY FUTURE ADVERSE CLAIMS IN RESPECT OF TITLE, INCLUDING ANY APPLICATION OR MISAPPLICATION OF THE PUBLIC TRUST DOCTRINE RESOLUTION 15-116 RESOLUTION AFFIRMING AND DECLARING PROPERTY LINE AND PROPERTY RIGHTS OF THE TOWN AND NEIGHBORING LANDOWNER (WILSON) AT LUDLOWVILLE PARK IN RESPECT OF ANCIENT PROPERTY LINE AMBIGUITY, PRIOR BOUNDARY LINE RESOLUTION, DE MINIMUS RULE, AND NEED TO CLARIFY TITLE AND ESTOP ALL INTERESTED PARTIES FROM MAKING ANY FUTURE ADVERSE CLAIMS IN RESPECT OF TITLE, INCLUDING ANY APPLICATION OR MISAPPLICATION OF THE PUBLIC TRUST DOCTRINE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, Ludlowville Park is a public park in the Town of Lansing that has an ancient past and which was comprised and built over many, many decades by individual pieces of land dedicated to the Town and as parkland, with title being traceable going back to the late 1800s through the 1940s, when the old flour mill and saw mill were key landmarks operating on a portion of the waters diverted from the falls to power such mills; and WHEREAS, Ludlowville Park has never been the subject of any federal or state funding with respect to land acquisition, improvements, general support, nor for any other purposes; and WHEREAS, in 1992 the Town of Lansing entered into a boundary line agreement with the then owner of 171 Ludlowville Road (TPN 26.-7-10) (as more particularly described below) to clarify an ancient boundary and eliminate any created confusion by transferring 0.05 acres to the Town, being land alread y and since 1947 in operation as parkland (and even including a swing set), and the Town transferred to said landowner 0.03 acres of land that was never used as parkland, but which was used residentially by such landowner, including by having a driveway over such lands (which driveway has existed since the early 1900s and is arguably shown in an 1886 Atlas); and WHEREAS, title conveyed several times and in 2014 (and at present) the owner is Donna Wilson, whose prior attorney alleged that the public trust doctrine precluded good title from being transferred by such boundary agreement absent approval by the New York State Legislature, and thus request was duly made of the Town to clear title; and October 21, 2015 15 WHEREAS, rather than accept that the public trust doctrine applied to lands never used as parkland, the Town directed its attorney to again research title and ascertain if there was a problem and what, in any case, may be a solution to avoid a dispute and provide comfort to the landowner that the Town could not, and would not, ever assert an adverse claim in title given this boundary line issue and the location of adjacent and neighboring parklands; and WHEREAS, such research, in a nutshell, revealed the following: (1) that the boundary line was and always had been indeterminate as it was not monumented, but was instead described in relation to a sluice from a now long gone grain mill (sometimes in title referred to as a “flour mill”); (2) since 1912, and again in 1947, the Town and the landowners throughout such times had established a boundary line based upon use and occupancy that established where everyone had historically thought the property line was located; (3) the description of the neighboring lands, now owned by Wilson, were also historically indeterminate as they were described as starting 15.5’ northeasterly of the outside corner of a blacksmith’s shop, which is also long gone; and equally puzzling is that the historical information shows two different blacksmith shops in Ludlowville, but neither in this location; (4) the public trust doctrine does not apply to lands never converted to public use or parklands, regardless of whether owned by the municipality, such that such lands, if ever owned by the Town (and all evidence to date suggests it was not so owned by the Town), were never placed within the public trust but remained owned by the Town in its proprietary capacity; and (5) the cases decided on this type of issue are rare, but they universally tend to declare that de minimus issues and transfers do not require legislative approval by the state, particularly where there is no impairment of, transfer of, or detriment to the public’s rights in, and use, and enjoyment of, such parkland (see further below); and WHEREAS, in 1992, and for reasons unknown, a surveyor noted an alternate potential location for the property line that was different than the historical and occupational use line, but because one of the parties was a municipality the more ready solutions of adverse possession, prescriptive rights, or encroachment agreements were not a viable solution, such that the then attorneys and the then Town Attorney entered into a boundary line agreement to forever solve the problem, and to fix the permanent property line in the location of occupational use, all in recognition of the fact that the line’s location was ambiguous, that the historical use line was the best evidence of what prior, but now deceased owners, intended, and the fact that the land was never considered or used as part of Ludlowville Park (even though the land to be “acquired” was a part of the park and the net effect of this documentation and fixing of the boundary was de minimus, but also technically increased the size of the park, or did not result in any potential argument that the public use or enjoyment was impaired, as the net land gain was 0.02 acres±); and WHEREAS, the only potential adverse claim against the land and title interests of Wilson would come from the Town, and while in the absence of assent a government is not generally subject to the equitable doctrine of estoppel, here the Town is expressly adopting this resolution and declaration to effect equitable and legal estoppel against any such claim, both in law and in equity, and the Town is hereby forever waiving its rights to any such adverse claim in title to Wilson and its rights to assert affirmatively or in defense any right of estoppel in respect of the location of the herein discussed property line; and WHEREAS, and further, in order to know whether the land was ever parkland subject to the public trust and its restrictions against alienation in the first place, one must per force, affirmatively establish that the Town actually owned the land, and secondly, one must establish whether the nature and degree of the alienation requires state legislative approval, as there are some known exceptions to the rules about alienability in respect of the public trust doctrine (which often prevents the alienation of public lands by certain sovereigns inferior to the State of New York); and WHEREAS, it is not possible to conclusively determine that the Town ever owned this gore of land, but it is indisputable that such gore of land was never part of Ludlowville Park; and October 21, 2015 16 WHEREAS, the deed that is relevant to the title of Wilson (but not to Ludlowville Park lands) is from 1912, and it begins the parcel description as starting 15.5' northeasterly of the corner of the old blacksmith's building, and in that era there were two blacksmith shops but neither exists or can today be located and no plotted boundary of such parcel then described in 1912 matches the known title or occupational lines of the park; and WHEREAS, the main body of Ludlowville Park was pulled together in 1947 based upon the dedication of multiple parcels, but again it is near impossible to map precise boundaries or locations as such deed(s) dedicates multiple parcels using the old flour mill and its raceway sluices as the measuring points, and such raceway sluices were located in a manmade, side creek that came off the Ludlowville Falls which purposefully diverted water from the top of the falls to create kinetic energy and force to run the old Ludlowville sawmill and flour mill, all before such diverted creek, farther downstream, rejoined the Falls’ pool and stream leaving the Falls area and then traversing under Dug Road; and such deeds also do not conclusively establish the exact location of the boundary line between the then Town-owned parkland and the land next door now owned by Wilson; and WHEREAS, despite some contrary conclusions in 2014 (the attorneys in 1992 were in accord that there was ambiguity, no transfer of parkland, and that a boundary line agreement was a title curative, not a “deed” in the traditional sense), since 1912 and 1947 everyone knew where the property line was—it was the historical occupational line used by both parties, but confusion arose in 1992 when a surveyor drew map lines that said that what the parties had been doing for 90 years might not be reflective of where the real property line was, but after again reexamining title it became clear that nobody did know where the actual line was, but as we were addressing small triangles of land that were proposed to be swapped to just let the parties do what they had been doing for up to 90 years, the Town Board at the time agreed to a boundary line agreement whereby each party would quit claim title to the land with uncertain ownership to the other party merely to cement the historical use and occupancy line as the final boundary line; and WHEREAS, the current Town attorney and the current attorney for Wilson have also each examined this title history and the cases set forth or referenced below, and concur that there is no proof the Town ever used any lands now purportedly owned by Wilson as parkland, that the de minimus rule applies in respect of this matter, and that the ghosts of title past shall be hereby exorcised and title forever made clear by these recitations, and the findings and declarations below; and WHEREAS, upon due deliberation and consideration of this matter, its 103 year history, and the rights and interests of the Town, Wilson, and the public in and to the Ludlowville Park, the Town of Lansing does hereby find, determine, order, and resolve as follows: 1. The boundary line between Ludlowville Park and the lands of Wilson at 171 Ludlowville Road shall now and forever hereafter be as shown in a certain survey map entitled “SURVEY MAP OF NO. 171 LUDLOWVILLE ROAD, TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK,” as drawn by T.G. Miller P.C., Lee Dresser, L.S. (#050096), and dated July 22, 2015 (as amended September 10, 2015 only to show the prior triangle areas referenced in prior survey map related to boundary agreement, as set out in reference 2 upon such map) (the “Survey Map”) 2. Triangle Area “A” is 1,528 ft2 (approximately 0.03 acres), as shown upon the Survey Map. There is no proof the Town ever owned Triangle Area “A” and Triangle Area “A” was never used by the Town as part of Ludlowville Park. Triangle Area “A” was quitclaimed by the Town to the predecessor in title of Wilson to verify and confirm the location of the existing property and occupational use line. 3. Triangle Area “B” is 2,384 ft2 (approximately 0.05 acres), as shown upon the Survey Map. There is no proof that Wilson or any of her predecessors in title ever used or owned Triangle Area “B” and the Town had, since at least as early as 1947, used the whole of Triangle Area “B” as part of Ludlowville Park, even improving the same from time to time, maintaining it as parkland, and regulating and using the land as public parkland, including having public use thereof and emplacing a swing set and playground October 21, 2015 17 thereupon at some indeterminate time in the 1970s and 1980s, and upon which a swing set and play area remain even to this day. Wilson’s predecessor in title quitclaimed Triangle Area “B” to the Town to verify and confirm the location of the existing property and occupational use line. 4. Thus, even if there was an actual transfer of land: (i) there was a net gain of approximately 0.02 acres in parkland; (ii) the transfer preserved land that was used in the public trust; (iii) the transfer did not effect a transfer of any lands within the park or the public trust; and (iv) in any case, the transfer would have been de minimus. 5. The Town hereby declares that the boundary line agreement filed in 1992 by and between the Town of Lansing and Toivanan (R.O.), entitled “BOUNDARY LINE AGREEMENT & MUTUAL QUIT-CLAIM,” as dated August 13, 1992 and filed in the Tompkins County Clerk’s Office at Liber 681 of Deeds, at Page 355 et seq., was principally a boundary line agreement that: (i) established the historical and occupational boundary line as the true boundary between such properties; (ii) did not affect any transfer of land or title; (iii) did not affect any alienation of parkland or land within the public trust; and (iv) contained quitclaim language only to clarify title and the meaning and purpose of such boundary line agreement. 6. Even if there was an ancillary transfer of land by the Town, whether known or unknown, the same is and remains a de minimus transfer and, under the public trust doctrine, such ancillary impact to lands that were not parklands falls within the ambit of the “de minimus rule” (sometimes spelled “de minimis,” following the traditional Latin spelling) as propounded by the New York Courts. An example is the famous Roosevelt Island Octagon project case: Moreover, even assuming, arguendo, that this shifting did constitute alienation of EQBA parkland, such alienation is properly deemed de minimus. The well-recognized maxim de minimus non curat the law does not concern itself with trifles has been applied in a variety of contexts where failure to adhere strictly to statutory requirements is excusable because the alleged violation is so insignificant as to be totally inconsequential. See, e.g., Dworman v. New York State Div. of Hous. and Cmty. Renewal, 94 NY2d 359, 704 NYS2d 192 (1999) (applying the de minimis exception to income verification filing requirements); Flora Co. Ingilis, 233 AD2d 418, 650 NYS2d 24 (2d Dep't 1996) (applying de minimis doctrine to excuse failure to comply with timing and filing requirements of CPLR); Staber v. Fidler, 110 AD2d 38, 493 NYS2d 161 (2d Dep't 1985) (applying de minimis doctrine to excuse failure to comply strictly with Election Law requirements); Carol Mgmt. Corp. v. Comm'r of Dep't of Hous. and Cmty. Renewal, 140 Misc2d 673, 531 NYS2d 839 (Sup. Ct. Queens County 1998) (approving agency's application of de minimis exception to excuse landlord's failure to comply strictly with New York City Rent Stabilization Code); Young v. Bd. of Zoning Appeals, 62 Misc2d 147, 307 NYS2d 895 (Sup. Ct. Nassau County 1970), aff'd 35 AD2d 430, 317 NYS2d 396 (2d Dep't 1970), aff'd 29 NY2d 685, 325 NYS2d 417 (1971) (applying the de minimis exception to excuse failure to comply strictly with setback requirements under zoning regulation). Furthermore, the Court of Appeals has held that it falls within a regulatory agency's discretion to determine whether or not the de minimis doctrine should be applied. See, e.g., Elkin v. Roldan, 94 NY2d 853, 704 NYS2d 201 (1999) (remanding matter to DHCR to consider ”in its discretion“ whether filing delay was so minimal as to be excusable under the de minimis doctrine). See, Roosevelt Is. Residents Assn. v Roosevelt Is. Operating Corp., 7 Misc.3d 1029(A), 2005 WL 1306479 (N.Y.Sup.), 2005 N.Y. Slip Op. 50811(U) (NY Co. 2005). This rule has been applied with some frequency, and in each case such facts and the appl ication of the de minimus rule supports the conclusion, legally and factually, that this boundary line agreement meets all standards of the de minimus rule. See e.g., Town of Riverhead v. County of Suffolk, 39 A.D.3d 537 (2nd Dept. 2007); Friends of Van Cortlandt Park v City of New York, 95 N.Y.2d 623 (2001) (in respect of an underground water treatment plant, the Court of Appeals noted that while there are ““de minimis” exceptions from the public trust doctrine, the magnitude of the proposed project does not call upon us to draw such lines in this case”; further citing Wigand v City of New York, (NYLJ, Sept. 25, 1967, at 21, col 5), a 1967 unreported Richmond County Supreme Court decision finding that installation of two underground water tanks, after which the area was to be completely restored “with beautification greater than that which originally existed” and 27 acres of parkland added, did not violate public trust doctrine). 7. As no right of public use or enjoyment of the Ludlowville Park was impaired or here occurred, as the park may have only increased in size and its existing public use October 21, 2015 18 features were preserved, and as there is no known actual transfer of land, let alone parkland, the Town declares and determined that this prior boundary line agreement is the quintessential de minimus situation the courts are talking about. 8. Further, and as a matter of construction and law, if there is an ambiguity in a contract or deed (or any number of other innumerable types of documents and agreements) the actions of the parties speak, and parole evidence is not barred, such that, here, the best evidence of the actual location of the property line is what the landowners actually did, and most importantly the predecessors in title. Since 1912, all landowners in the area treated the herein-affirmed property line as the true property line, and the prior boundary line agreement and these resolutions merely seek to affirm the location of such line. 9. The Town of Lansing thus hereby reaffirms such boundary location, and hereby declares the Town of Lansing forever estopped by fact, law, the equitable doctrine of estoppel, from claiming any alternate boundary line location. These resolutions shall be construed and applied to forever estop the Town from claiming any right or interest, direct or indirect, in fact or inchoate, in the lands of Wilson as depicted in such Survey Map, and the boundary line between the lands of the Town (known as Ludlowville Park) and the lands or Wilson shall now and forever hereafter be as depicted upon such Survey Map. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller duly, seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins -Aye Councilperson Edward LaVigne -Aye Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. RESOLUTION AND ORDER SETTING PUBLIC HEARING REGARDING TRIPHAMMER TERRACE CONSOLIDATED WATER DISTRICT IMPROVEMENT PROJECT TO EXTEND A WATER MAIN DOWN TRIPHAMMER TERRACE, AND TO CONSIDER POTENTIAL ENVIRONMENTAL IMPACTS THEREOF RESOLUTION 15-117 RESOLUTION AND ORDER SETTING PUBLIC HEARING REGARDING TRIPHAMMER TERRACE CONSOLIDATED WATER DISTRICT IMPROVEMENT PROJECT TO EXTEND A WATER MAIN DOWN TRIPHAMMER TERRACE, AND TO CONSIDER POTENTIAL ENVIRONMENTAL IMPACTS THEREOF The following Resolution was duly presented for consideration by the Town Board: WHEREAS, several properties along Triphammer Terrace are and have for years been within the CWD and paying taxes to the CWD for capital improvement costs, and the Triphammer Terrace corridor has seen steady residential and residential subdivision development for almost three decades, such that those within the CWD need water main connections for their homes, and there is a need to achieve benefits for the CWD by also closing the loop along Triphammer Terrace by connecting the two mains, one which terminates near Tahoe Trail and one that terminates near Aspen Way, especially as additional development is expected; and WHEREAS, the Town Board had previously referred this matter to the Water & Sewer Advisory Board and authorized a study of the area and, after solutions were so presented, the Town Board duly authorized the preparation of a map, plan and report (“MPR”) to identify, describe, and create a cost estimate as to a viable and feasible solution for extending a water main down October 21, 2015 19 Triphammer Terrace to service properties within the CWD, and the WSAB has reviewed and recommended proceeding to a public hearing to consider such project, its costs, and whether it is in the public interest; and WHEREAS, the project involves installing 1,280’ of 6” pipe, mainly between Aspen Way and Tahoe Trail, with two connections to existing mains, one hydrant assembly to enhance firefighting capabilities in such neighborhoods, and two sampling taps, along with the acquisition of easements for such mains from landowners along the westerly side of Triphammer Terrace (the “Project”); and WHEREAS, the easements to be acquired include a standard permanent waterline easement 15’ wide within the highway bounds of Triphammer Terrace (and generally within 5-10’ of the edge of existing pavement), together with a slightly larger temporary construction easement, more particularly affecting the following lands: (i) TPN 40.-4-14.331, being real property located at 88 Triphammer Terrace (Donald and Janice Viands, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the most southerly 200±’ of such front property boundary line and starting from an existing main crossing under Triphammer Terrace from the Tahoe Trail intersection; (ii) TPN 40.-4-13, being real property located at 80 Triphammer Terrace (Paul and Georgia Hotchkiss, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the entire front boundary line of such parcel, being 225±’; (iii) TPN 40.-4-14.321, being real property located at 66 Triphammer Terrace (Robert and Caroline Rasmussen, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the entire front boundary line of such parcel, being 403±’; (iv) TPN 40.-4-14.322, being real property located at 56 Triphammer Terrace (Richard Pinney and Carmelita Mix, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the entire front boundary line of such parcel, being 150±’; (v) TPN 40.-4-14.323, being real property located at 52 Triphammer Terrace (Todd and Susan Mix, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the entire front boundary line of such parcel, being 122±’; and (vi) TPN 40.-4-15.2, being real property located at 48 Triphammer Terrace (Floyd and Eileen Wilcox, R.O.), said easement being needed along the land at the front of such property, within highway boundaries and mandatory zoning setbacks, and being across the most northerly 100±’ of such front property boundary line, thereafter crossing under such road to connect with an existing main at the Aspen Way intersection; WHEREAS, the proposed cost of such water main and loop connection is $96,000, which amount is proposed to be financed through either the issuance of bond anticipation notes followed by a 20-year serial bond, or from capital reserves of the CWD. The overall financing plan will result in no tax increase in the CWD charge of $155 as this is a small Project compared to the overall debt of the CWD and existing tax and water charge revenues are sufficient to pay such BAN or serial bonds if obtained, such that the cost to benefitted properties will remain $353 per year, being comprised of the tax benefit assessment of $155 per year for capital costs, improvements, and capital debt retirement, plus four quarterly water bills averaging $49.50 as based upon 2016 water rates; and WHEREAS, the Town Board of the Town of Lansing is thus proposing to repair and improve the facilities of the Consolidated Water District by adding a main to service additional properties October 21, 2015 20 within the CWD and to close a loop along Triphammer Terrace, all as more specifically defined in the § 202-b Plan and Report for the Project (the “Engineering Study”); and WHEREAS, the Engineering Study for this Project be and is hereby approved and includes a description of the Project, the proposed infrastructure of such Project, and the costs thereof, amounting in all to a cost estimate of $96,000, which amount is hereby declared to be the maximum estimated cost to the CWD, and which costs shall be paid by issuance of BANs and 20-year serial bonds or the use of reserve funds, all as set forth in the MPR and as to be hereafter further specified in any final engineering analysis and cost study per Town Law § 202-b; and WHEREAS, in consideration of the public need for such repairs and improvements and the public interest so served thereby, and upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has duly RESOLVED AND DETERMINED, that 1. This action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests for Lead Agency status or review by any Involved Agency, as applicable; 3. The Involved Agencies are determined to be the Tompkins County Health Department and SCLIWC (Bolton Point); 4. The Town of Lansing Planning Board is determined to be the sole Interested Agency; and it is further RESOLVED AND ORDERED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of December, 2015, at 6:05 pm, to consider the Triphammer Terrace CWD Water Main Improvement Project and the environmental and potential environmental impacts thereof, the Engineering Study, and the costs thereof, each and all as required by Town Law § 202-b, and to thereat 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 AND DETERMINED, as follows: 1. The boundaries of the proposed Project include the above-described lands along Triphammer Terrace, on the westerly side thereof, mainly between Tahoe Trail and Aspen Way, all in accord with the map set forth in the said Engineering Study and the land survey and metes and bounds descriptions and maps as are on file in the Tompkins County Clerk’s Office for the each of the said tax parcel numbers within the CWD as afore-described; namely TPNs 40.-4-14.331, 40.-4-13, 40.-4-14.321, 40.- 4-14.322, 40.-4-14.323, and 40.-4-15.2; 2. The public improvements for such Project to be installed by the Town and CWD and include 280’ of 6” pipe, mainly between Aspen Way and Tahoe Trail, with two connections to existing mains, one hydrant assembly to enhance firefighting capabilities in such neighborhoods, and two sampling taps; 3. The maximum amount proposed to be expended by the Town of Lansing and the CWD for such Project is $96,000; 4. The one time estimated cost of connection, including hook-up fees, is estimated at $1,500.00 as each new connection will need to be made from the house to the curb stop, with an approximate permit connection fee of $250.00, ¾” meters estimated at $265.00 per meter, estimated 1”-2” service line extensions from the future curb boxes at approximately $35.00 per linear foot; October 21, 2015 21 5. The annual cost to the typical property is estimated to be $353.00. The typical property is a single family dwelling measured by EDUs, and such cost was thus calculated as follows: (i) $155.00 per EDU for CWD Capital Costs (which is the current rate – this Project does not propose any increase in such rates); plus (ii) annual water consumption fees of $198.00 per EDU (also not representing an increase in cost of the water). The Project cost is planned to be financed through the issuance of bond anticipation notes and a 20-year serial bond or through use of capital reserve funds, all subject to the final engineering and cost study per the requirements of Town Law § 202-b; 6. CWD financing is applicable to this Project in the form of 5-years of BANs and a 20-year bond issuance, in an amount not greater than $96,000; 7. The Engineering Study is on file for public review and inspection at the Office of the Town Clerk; 8. As aforesaid, the Public Hearing be and hereby is set for 6:05 p.m. upon December 16, 2015, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject hereof will be heard, the Town Board will take all evidence presented, and such other or further action as is required or permitted by law may be considered or taken; and 9. The Engineering Study describes in detail how the financing, hook-up costs, and other costs and expenses were estimated and computed, and therefore complies with Town Law §§ 202-b and 193 as it constitutes the detailed statement of costs and expenses as therein required; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk immediately cause a Notice of Intent relative to Lead Agency status to be issued and delivered to all Involved and Interested Agencies. 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 Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. RESOLUTION APPOINTING MAUREEN COWEN AS AN ALTERNATE TO THE ZONING BOARD OF APPEALS RESOLUTION 15-118 RESOLUTION APPOINTING MAUREEN COWEN AS AN ALTERNATE TO THE ZONING BOARD OF APPEALS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, there is a vacancy for an alternate position on the Town of Lansing Zoning Board of Appeals (ZBA); and WHEREAS, the ZBA has recommended that Maureen Cowen be appointed to fill the vacancy term on said Board as an alternate; and October 21, 2015 22 WHEREAS, Maureen Cowen is qualified and willing to serve in such capacity as an alternate member of the ZBA; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that Maureen Cowen be and is hereby appointed as an Alternate Member of the ZBA effective October 21, 2015 and expiring December 31, 2015, (replacing Donna Scott) to serve at the pleasure of this Board. 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 October 21, 2015. RESOLUTION HIRING JAMAR B. REDMOND, MOTOR EQUIPMENT OPERATOR EFFECTIVE 11/9/15 RESOLUTION 15-119 RESOLUTION PROVISIONALLY HIRING JAMAR R. REDMOND AS MOTOR EQUIPMENT OPERATOR The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Highway Superintendent is retiring, and there is a need for a Motor Equipment Operator (MEO) at the Town of Lansing Highway Department; and WHEREAS, the MEO position was posted and several applications and resumes were reviewed; and WHEREAS, said position has been classified and deemed as a Civil Service Non- Competitive position by the Tompkins County Department of Personnel; and WHEREAS, Jamar B. Redmond has been identified as a qualified candidate and has previously completed the required training necessary; and WHEREAS, the Deputy Highway Superintendent, Charlie “Cricket” Purcell recommends that Jamar B. Redmond be hired as a MEO at the Town of Lansing Highway Department; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby: RESOLVED, that Jamar B. Redmond be and hereby is approved to be employed as a MEO, Grade C, in the Town of Lansing Highway Department, effective November 9, 2015, at a rate of $19.31 per hour. 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 October 21, 2015 23 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. APPROVE AUDIT RESOLUTION 15-120 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills: CONSOLIDATED ABSTRACT # 010 DATED _10/21/2015__ AUDITED VOUCHER #’s 992 -1095 PREPAY VOUCHER #’s 992 -1002 AUDITED T & A VOUCHER #’s 78 - 87 PREPAY T & A VOUCHER #’s 78 - 80 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 81,694.40 HIGHWAY FUND (DA&DB) $ 289,783.43 LANSING LIGHTING (SL1, 2 &3) $ 1,336.86 LANSING WATER DISTRICTS (SW) $ 10,743.33 TRUST & AGENCY (TA) $ 37,496.96 WARREN ROAD SEWER DISTRICTS (SS1-) $ 60.21 CHERRY ROAD SEWER DISTRICT (SS3-) $ 0.00 CAPITAL PROJECT BPWTP (HB) $_ 527,668.68 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 Supervisor Kathy Miller - Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on October 21, 2015. BOARD MEMBER REPORTS Doug Dake Emergency Preparedness Committee: Doug noted he was not able to attend the meeting. Dan Ferguson and the committee continue to work on the draft report and have moved on to the appendixes. TC3 Soccer: October 21, 2015 24 Doug reported that his daughter plays on the TC3 soccer team and they had just won the conference championship!! Edward LaVigne – No Report Robert Cree – No Report Ruth Hopkins Part Time Planner: Ruth noted that in recent days she has been asked if she knew whether there has been money saved by hiring a part time planner. She reported that after researching the accounting reports, correcting for inflation and comparing the expenses from 2012 when there was a full time person, she found that expenses in the planning and zoning account are projected to be $9,000 higher in 2015 than they were in 2012. She noted she did find that the part time planner portion of the expenses are less, but the legal and zoning expenses are greater. In addition the revenues from permits and developers have increased 60% over 2012. She stated in her opinion this shows a greater need for a full time planner to help guide and administer the additional work. She noted the current contract for the part time planner calls for a minimum of 14 hours in the office and the town has suffered because day to day questions must wait for a time when the planner is available. Ruth also noted that the Supervisor is performing work normally done by the planner. Examples given are, getting water distribution easements and responding to citizen concerns on planning, zoning and storm water issues Ruth offered to share the information on her findings. Kathy Miller Heath Insurance Consortium: Kathy reported, from the last consortium meeting, that they are in very good financial shape. She noted municipalities and counties can join the consortium if it is contiguous with Tompkins County and there has been discussion to allow others to come in. The increase for the town this year was 3% when many others increased by 15%. Bolton Point Rate Change: Kathy reported that Bolton Point continues to work on the rate change in regards to the 10,000 gallon minimum charge. Bone Plain Road Water: Kathy reported that things are moving along and completion is anticipated for early spring of 2016. Monthly Report The Supervisor submitted her monthly report for the months of August and September, 2015 to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT Guy Krogh October 21, 2015 25 PDA: Guy informed the Town Board that he is working with Michael Long on preparing the zoning mapping for the five PDA’s (Planned Development Areas). They are working with Tompkins County GIS. Guy noted that they will be done by local law and will follow in the months to come. ADJOURN REGULAR MEETING TO BUDGET WORK SESSION Regular Meeting adjourned to a Budget Work Session at the call of the Supervisor at 6:55 p.m. Budget Work Session adjourned at the call of the Supervisor at 7:55 p.m. RECONVENE REGULAR TOWN BOARD MEETING Regular meeting was reconvened at the call of the Supervisor at 7:56 p.m. RESOLUTION SCHEDULING PUBLIC HEARING ON LOCAL LAW #9 OF 2015 A LOCAL LAW TO REPEAL LOCAL LAW #5 OF 2015 AND REINSTATE THE TAX CAP LIMITS ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C RESOLUTION 15-121 RESOLUTION SCHEDULING PUBLIC HEARING UPON PROPOSED LOCAL LAW #9 OF 2015 A LOCAL LAW TO REPEAL LOCAL LAW #5 OF 2015 AND REINSTATE THE TAX CAP LIMITS OF GENERAL MUNICIPAL LAW § 3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, on June 17, 2015, the Town Board adopted a local law to override tax cap limits set forth in GML § 3-C (Local Law #5 of 2015), and due to other NYS legislation allowing certain limited tax refunds under stated conditions, one of which is that no tax cap override may be in place at the time of adoption of a final budget for 2016, the Town Board has decided to repeal Local Law #5 of 2015, the Tax Cap Override Local Law; 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 a Public Hearing will be held at the Lansing town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on November 4, 2015 at 6:06 p.m. to consider the adoption of proposed Local Law #9 of 2015, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law and at least 5 days before such public hearing. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Supervisor Kathy Miller - Aye October 21, 2015 26 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on October 21, 2015. ADJOURN REGULAR MEETING Meeting adjourned at the call of the Supervisor at 7:57 p.m. Minutes taken by the Town Clerk and Deputy Supervisor (after budget work session) and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC