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HomeMy WebLinkAbout1977-01-111: January 11, 1977 The Lansing Town Board met in Regular Session at the Lansing Town Hall on January 11, 1977 at 8 P.M. with Supervisor McDermott presiding. ROLL CALL Wesley McDermott Supervisor Present Louis Bush Councilman Present Bert Hilliard Councilman Absent Edward LaVigne Councilman Present Lee Naegely Councilman Present Robert Williamson Town Attorney Present Jane Bush Horky Clerk Present Visitors: Marvin Paige and James McKane. The Supervisor called the meeting to order at 8 P.M. having the clerk take the Roll Call. Marvin Paige appeared before the board and requested the following Town Roads ® be included in the Ordinance Regulating Snowmobiles: Buck Road westerly from Route 34 to Conlon Road, Bower Road from Route 34 to Conlon Road and Searles Road from 59 Searles Road westerly to Conlon Road. Discussion held by the board. RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Town Board hold a Public Hearing on a proposed Amendment to the Ordinance Regulating Snowmobiles, to include in Section 3, subdivision (3) (b), Buck Road westerly from Route 34 to Conlon Road, Bower Road from Route 34 to Conlon Road and Searles Road from 59 Searles Road westerly to Conlon Road, as Town Roads designated for snowmobiles. Said Public Hearing to be held on Febr- uary 8th, 1977 at 8:00 P.M. Carried RESOLUTION offered by Mr. Bush, seconded by Mr. LaVigne: RESOLVED, that the Supervisor be authorized and directed to have the town records and justice records audited by the Town Board and file his report under (Town Law 181 (3)• Carried RESOLUTION offered by Mr. Naegely, seconded by Mr. Bush: RESOLVED that the bonds of Public Officials be approved as to the amount. Carried APPOINTMENT OF CONSTABLES: MOTION by Mr. LaVigne and seconded by Mr. Naegely that Michael Brill and William Burin be appointed Constables for the year 1977. Carried MULTIPLE HOUSING INSPECTOR: MOTION by Mr. Bush and seconded by Mr. Naegely that the Lansing Fire Chief and Assistants be appointed Multiple Housing Inspector for the year 1977. Carried FIRE WARDENS: MOTION by Mr. LaVigne and seconded by Mr. Bush that the Supervisor appoint the Fire Chief and Company Captains of the Town as Fire Wardens. Carried ATTORNEY FOR THE TOWN: MOTION by Mr. Bush and seconded by Mr. LaVigne that the Attorney for the Town be on an as needed basis and that Robert Williamson be consulted as needed. Carried DESIGNATION OF OFFICIAL NEWSPAPER: MOTION by Mr. LaVigne and seconded by P?r. Bush that the Ithaca Journal T.ews be designated as the official newspaper for the Town of Lansing. Carried with Mr. Naegely casting dissenting vote. DESIGNATION OF BANK DEPOSITORIES OF TOWN FUNDS: MOTION by Mr. Bush and seconded by Mr. LaVigne that the Tompkins Co. Trust Co. and the First National Bank be designated as the depositories for the Town of Lansing. Carried RULES OF ORDER MOTION by Mr. LaVigne and seconded by Mr. Naegely that Robert's Rule of Order be followed, however, when special roll call votes are requested, voting to be in alphabetical order and the Supervisor voting last. (continued) Carried SALARIES OF TOWN OFFICERS. Continued January 11, 1977 RESOLVED by Mr. LaVigne and seconded by Mr. Bush that salaries of Town Officer's as compiled in the General Town Budget for 1977 be as follows: Officer Lloyd Sharpsteen Wesley McDermott Floyd Ferris Fred Spry Louis Bush Bert Hilliard Edward, LaVigne Lee Naegely Jane B. Horky Office Salary Highway Supt. $13,934. Supervisor 4,500. Town Justice 3,604. Town Justice 4,240. Councilman 14)500. Councilman 19500. Councilman 19500. Councilman 1,500. Town Clerk 11,4180 Budget Officer 254. Town Historian 300. Amount 00 $1,161. 00 375. 00 300. 00 353. 00 125. 00 125. 00 125. 00 125. 00 951. 00 21. 00 150. 150. & Time of Payment 16 per month 00 per month 33 per month 33 per month 00 per month 00 per month 00 per month 00 per month 50 per month 16 per month 00 June 1, 1977 00 Dec. 15, 1977 Voting Machine Custodians 1111anded 7/..a/77 85.00 each after setup Election Inspectors 2.50 per hour AND BE IT FURTHER RESOLVED, that the Supervisor be authorized to pay the above salaries on the 15th day of each month and the last payroll December'15, 1977, salaries to be adjusted to meet budget requirements. d Carried MILEAGE ALLOWANCE: MOTION by Mr. Naegely and seconded. by Mr. Bush that the Town Officer's and Highway Superintendent be allowed the sum of 12� per mile for the use of their automobiles in the performance of their official duties. Carried TIME OF REGULAR BOARD MEETINGS: MOTION by Mr. Naegely seconded by Mr. LaVigne that the regular board meetings of the Lansing Town Board be held on the 2nd Tuesday of each month at 8 :00 P.M., any additional meeting required shall be held on the 4th Tuesday of month. AUTHORIZATION FOR HIGHWAY-SUPT. TO PURCHASE ITEMS: MOTION by Mr. Bush and seconded by Mr. Naegely that authorized to purchase equipment, tools and implements, amount of 81,500.00 without prior approval. METHOD OF CLAIMS TO BE PRESENTED FOR PAYMENT: Carried the Highway Supt. be tires and tubes in the Carried MOTION by Mr. LaVigne and seconded by Mr. Bush that vouchers for claims for General Fund and Highway Fund be presented and audited in accordance with (Town Law A.T. 103), this inspection will take place by the town board at the beginning of each regular meeting. Carried ASSOCIATION OF TOWNS ANNUAL MEETING: MOTION by Mr. LaVigne and seconded by Mr. McDermott that the Town Board and Town Officials be authorized to attend meeting in New York on February 21, 22, 23, 1977 and that necessary expenses be a town charge. Mr. Naegely named delegate and Fred Spry be named alternate. Carried • APPOINTMENT OF ZONING AND ORDINANCE ENFORCEMENT OFFICER MOTION by Mr. LaVigne and seconded by Mr. Naegely that Norman Stanton be appointed Zoning and Ordinance Enforcement Officer effective as of January 1, 1977 and to serve at the pleasure of the board. Carried APPOINTMENT OF BUDGET OFFICER: MOTION by Mr. McDermott and. seconded by Mr, Naegely that Jane Horky and. Wanda Brink be appointed Budget Officer's for the year 1977. Carried RESOLUTION offered by Mr. Bush, seconded by Mr. Naegely, that the Supervisor is hereby authorized to purchase Certificates of Deposits with town monies at his discretion. Carried RESOLUTION offered by Mr. LaVigne, seconded by Mr. Bush: RESOLVED, that the Supervisor, in lieu of preparing his financial report under kfTown Law § 29 (10) shall submit to the Town Clerk by March 1, 1977, a' copy of the report to the State Comptroller required by section 30 of the General Municipal Law. Carried Continued Continued January 11, 1977 jL TOWN ORDINANCES: TOWN BOARD REAFFIRMS SAME: No. 1 Bingo - May 24, 1958 No. lA Bingo - July 8, 1963 No. 2 Removal and storage of vehicles - December 6, 1958 No. 3 Trailer Park Ordinance - November 5, 1962 (Amended fee deleted). No. 4 Regulate and .License the hawking and peddling of goods - March 8, 1966 No. 5 Provide for partial tax exemption of real property owned by certain persons with limited income and who are over 65 years of age - August 9, 1966 No. 7 Ordinance licensing and regulating junk ,yards - November 21, 1967 No. 8 Ordinance providing for the amendment of partial tax exemption of real property owned by certain persons with limited income and who are 65 years of age - November 30, 1970 No. 9 Ordinance to regulate operation of snowmobiles - December 22, 1970 No. 10 Ordinance regulating street excavation of town roads - June 11, 1971 No. 11 Ordinance - Mobile Home Park - April 4, 1972 No. 12 Land Use Control Ordinance - June 28, 1973 No. 13 Amendment of the Land Use Control Ordinance - April 30, 1974 No. 14 Amendment of the Mobile Home Park Ordinance - June 11, 1974 No. 15 Amendment of the Land Use Control Ordinance - October 29, 1974 No. 16 Amendment of Ordinance providing for partial tax exemption of real property owned by certain persons with limited income and who are 65 years of age - March 11, 1975 No. 17 Amendment to Land Use Ordinance - Flood Plain - June 10, 1975 No. 18 Amendment of the Land Use Control Ordinance - September 30, 1975 No. 19 Amendment of the Removal and Storage of Vehicles - February 10, 1976 No. 20 Amendment of the Ordinance to Regulate Operation of Snowmobiles - Feb. 10, 1976 No. 21 Amendment to the Mobile Home Park Ordinance - June 10, 1976 No. 22 Rules and Regulations for the Town Parks - August 10, 1976 LOCAL LAWS: TOWN BOARD REAFFIRMS SAME: No. 1 No. 1 No. 1 No. 2 No. 3 No. 1 No. 1 Rules and regulations and penalties Water Dist. #1 - June 14, 1966 Regulation of traffic at Triphammer Shopping Plaza - November 6, 1969 Board of Ethics - January 8, 1971 Code of Ethics - January 8, 1971 Regulating signs - July 9, 1971 Amending the Sign Local Law of Town of Lansing - April 4, 1972 Repeal of Local Law No. 3, adopted July 9, 1971 and Local Law #1 adopted April 4, 19720 - July 17, 1973 No. 1 Amending Local Law #1 of the year 1966 Rules, Regulations & Penalties Water Dist. #1. - April 30, 1974 RESOLUTION offered by Mr. Naegely, who moved its adoption, seconded by Mr. LaVigne: WHEREAS, it is the intention of the Town Board of the Town of Lansing to establish a Youth Recreation project and WHEREAS, the Town Board of the Town of Lansing is about to submit an application for such project to the New 'ork State Youth Commission for its approval, reimbursement of funds expended on such project as provided by Chapter 56 of the Laws of 1945 as amended; now therefore be it RESOLVED, that such application is in all respects approved and Wesley McDermott, Supervisor is hereby directed and authorized to duly execute and to present said application to the NYS Youth Commission for approval. Section 2. This resolution shall take effect immediately. Carried RESOLUTION offered by Mr. Bush, tt;ho moved its adoption, seconded by Mr. Naegely: RESOLVED, that Wesley McDermott, Supervisor of the Town of Lansing be authorized and directed to duly execute application to the N.Y.S. Recreation Council for the Elderly for its approval and reimbursement of funds of said project for the year 1977. Carried RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that Wesley McDermott, Supervisor, be authorized and directed to duly execute application for permit to maintain and operate public bathing beach for year 1977. Carried APPOINTMENT OF LANSING REPRESENTATIVES TO TOMPKINS COUNTY PLANNING BOARD: MOTION by Mr. Naegely, seconded by Mr. McDermott, that Stanley Weeks be named delegate and Viola Miller be named alternate to represent the Town of Lansing to the Tompkins County Planning Board. Carried (,continued) Continued January 11, 1977 PRESENTATION OF TOWN OFFICER'S REPORTS: REPORT.OF TOWN.CLERK -. 1976 Conservation Licenses Issued Void Licenses Free Fish Free Hunt Free Big Game Lost License Certificates Archery Stamps Jr. Archery Licenses TOTAL LICENSES ISSUED Dog Licenses Issued (Includes lost tage, transfers, & Seeing Eye Dog) Kennel Licenses (10) Void Licenses Marriage Licenses Certified Copies Searches Delinquent Dog List Junk Licenses Building Permits Temp. Trailer Park Permits Machine Copies Postage Refund 1311 Amount submitted to 7 County Clerk 29 40 Amount submitted to 41 Supervisor 4 108 3 1543 $9,249.75 $363.25 i54o Amount Submitted to County Treasurer$3,888.60 1 1541 34 44 Amount submitted to Supervisor Amount submitted to Supervisor Amount sub witted to NYS Health Dept. Grand Total Submitted to Supervisor 1976 Grand Total Submitted to Other Departments GRAND TOTAL January Supplement (1977) paid to Tompkins Co. REPORT OF RECEIVER OF TAXES - 1976 Total amount paid to Supervisor Total amount paid to Tompkins County $384.75 $51.00 19.00 44.00 1,387.63 1.00 13.35 96.00 14,542.98 25.00 120.00 286.70 2.58 $639.63 $570,469.07 304,639.36 Total taxes collected $875,108.43 Franchise taxes collected by County 512,014.52 L.V.R.R. not collected by County 75171.09 Tax return by collector to County 72,020.19 TOTAL TAX WARRANT $19466,314.23 Penalties on taxes paid to Supervisor $39272061 REPORT OF ORDINANCE OFFICER - 1976 I. ZONING ORDINANCE 1. Building Permits A. Issued - 15 B. Denied - 1 C. Appeals: Granted - 1 2. Sign Permits A. Issued - 8 (includes 11 signs) B. Denied - 1 C. Appeals: Granted - 1 D. Pending - 1 E. Above includes one sign to H & H Block, in the Lansing Plaza. Issued - 28 December. 3. Flood Plain A. Studies completed - 2 (data sent to the engineering consultants to the Federal Insurance Administration) II JUNK YARD ORDINANCE 1. Licenses Issued A. New - 3 B. Amended - 1 C. Renewed - 5 2. Declassified - 9 3. Legal Actions - 1 (pending) (continued) 0 • 19.00 1,387.63 13,155.35 14,542.98 1,037.90 $570,469.07 304,639.36 Total taxes collected $875,108.43 Franchise taxes collected by County 512,014.52 L.V.R.R. not collected by County 75171.09 Tax return by collector to County 72,020.19 TOTAL TAX WARRANT $19466,314.23 Penalties on taxes paid to Supervisor $39272061 REPORT OF ORDINANCE OFFICER - 1976 I. ZONING ORDINANCE 1. Building Permits A. Issued - 15 B. Denied - 1 C. Appeals: Granted - 1 2. Sign Permits A. Issued - 8 (includes 11 signs) B. Denied - 1 C. Appeals: Granted - 1 D. Pending - 1 E. Above includes one sign to H & H Block, in the Lansing Plaza. Issued - 28 December. 3. Flood Plain A. Studies completed - 2 (data sent to the engineering consultants to the Federal Insurance Administration) II JUNK YARD ORDINANCE 1. Licenses Issued A. New - 3 B. Amended - 1 C. Renewed - 5 2. Declassified - 9 3. Legal Actions - 1 (pending) (continued) 0 • Continued January 11, 1977 113 REPORT OF ORDINANCE OFFICER (continued) III MOBILE HOME PARK ORDINANCE 1. Issued A. Temporary Permits - 10 B. Temporary Licenses - 8 2. Amendments adopted - 1 ( #21) 3. Legal Actions - 1 (pending) IV. SUBDIVISIONS 1. Sketch Plans approved by the Planning Board - Minor - 2 2. Amendments adopted - 1 (pending implementation) V. EXPENSES 1. Mileage - 1067.1 2. Mail, printing and film - $96.73 - -- 3— Typist =10 hours------------------- - - - - -- 1976 ANNUAL REPORT OF TOWN JUSTICE FREDERICK SPRY Completed Sm. Claims & Parking Fines Cases V &T Civil Criminal Conservation & Dogs Collected Jan. 83 63 4 6 2 8 $625.00 Feb. 78 62 1 12 2 1 611.00 March 116 105 1 10 -0- -O- 13380.00 April 117 91 2 13 8 3 13865.00 May 88 64 1 19 3 1 1,000.62 June 96 88 -o- 6 -0- -0- 15643900 July 90 74 -o- 16 -0- -O- 1,914.00 Aug. 66 53 1 11 -0- 1 750.00 Sept. 78 63 1 9 1 5 19155.00 Oct. 94 78 2 7 2 6 29005.00 Nov. 103 73 -O- 12 4 14 1,562.00 Dec. 160 101 1 22 -O- 36 2,332.00 1,169 915 14 143 22 75 $149837.62 Monies returned by State $5,523.12 (First nine months only). The above consists of cases completed in 1976, not total cases held. Monies held in bail December 31, 1976 $109746.72. Notable comments on the progress of Judge Spry's Court in 1976: 1976 has been a busy year, both in total cases, and the diversity of the types of cases handled. Fortunately we have had a few new tools, and laws, to work with, a few of which are working to better the situation. To start with, the Tompkins County Probation Department introduced a program called "Diversion ". I was the first Justice Court in the County to use it, after a trial run in the Ithaca City Court. This "Diversion" program is used mostly in criminal cases, and used only on defendants with no past records. Upon referal (before plea) by the Justice to the program, the Probation Department runs a record check, determining defendants eligibility. Then the department sets up a counseling and community work program for the defendant, which runs for about two months in duration. Upon a successful completion of the program, a motion, concurred in by the D.A.'s Office and Justice, to dismiss charges which leaves the defendant with a clean criminal record. I have referred 71 cases to this program and an convinced it is working very well. In the exceptions, only 3 in number, the defendants were brought back to Court, and were processed in the regular way, facing the usual money or jail sentences. The District Attorney's Office has asked not to use this program in DWI arrests, a theory I am not in full agreement on, but have respected their wishes. In fair- ness to the District Attorney's Office, they are concerned about establishing a record for the drinking driver, to use in future "Plea Bargaining" sessions, or possible Felony charges. The new "working license" program, supplemented by the State's Alcoholic Education Program, has been a new law that has completely changed the approach to the way DWI cases are being handled. I am not in a position to evaluate its success, only to note that defense attorney's seem to be very active in using it instead of jury trials. One thing for sure is that the pressure is on the success of the educational part of the program, and my experience on these types of educa- tional programs hasn't been to promising to date. New speed zone laws, (namely the Village) speed zone on Triphammer Road, have produced much activity in Court, which should level off, as motorists become more aware of the situation. I have been handling these cases no different than any speeding case in other parts of town. In my opinion, the end result of the Village Ordinance will bring the results desired by the Village Board. (continued) Continued January 11, 1977 The new "Dog Leash" Law in the Village has been enforced with good results. This is a well written dog law,.and I believe working very well, preventing many problems in dog cases which have always been very frustrating to any Town Justice. Parking in fire lanes in our various shopping center.areas has always been a problem. The Village of Lansing has printed a new form for the parking ticket, which has worked very well. Using a mail reply, set fine ticket, has increased the response to the Court from the violators. Also they have given James Howell a responsibility to watch for violators and ticket same. I think we are making progress in this problem. The response to tickets still is running at a too low percentage, this of course is true all over and seems to be a problem with no one complete solution. But if we clear the fire lanes, that is the important factor. Again I used the Tompkins County Youth Court in certain cases involving first offender youths and again with excellent results. I have given talks to Scout Groups, Explorers and the Tompkins County Youth Court with the idea of giving youth a understanding of the Justice Court System and what to expect from it. In conclusion, may I- say, I am still trying to establish a Justice Court system in Lansing second to none. In 1976, as in all years, the people of Lansing have been most cooperative and helpful. No Judge can be successful with- out the support of the people, the Town Board, the Village Board and the District Attorney's Office, Sheriff and State Police, and also the Tompkins County Bar Association and its members. Respectively submitted by Frederick J. Spry, Justice Supervisor McDermott reafirmed the following Liaison Officers: Councilman Louis Bush - - - Highway Department Councilman Edward LaVigne - Water Districts Councilman Bert Hilliard - Lansing Parks RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that the Lansing Parks Commission be and they are hereby authorized to enter into a contract with Varga Backhoe of Lansing for driving pile in the Town Park not to exceed $500.00 and be it further RESOLVED, that they enter into a contract with LRS Excavating, Inc. of Lansing, not to exceed $2,000.00 for the dredging of the Town Park channel. Carried The board discussed a proposed Local Law for the Town of Lansing dealing with notice to the Town of Lansing of defective and unsafe conditions in the Town Highway, etc., before a Civil Action may be maintained against the Town for damages or injury to person or property by reason of said defect. Following resolution offered: RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Town of Lansing hold a Public Hearing at 8:30 P.M. on the 8th day of February 1977, on a proposed Local Law for the Town of Lansing dealing with notice to the Town of Lansing of defective and unsafe conditions in in the Town Highway, etc., before a Civil Action may be maintained against the Town for damages or injury to person or property by reason of said defect. Carried Letter received from Anne Davis, Trustee of the Village of Lansing, inform- ing the Town Board that the Village Board had passed a Motion "requesting the Town of Lansing to create another election district in the Village of Lansing, and that this new district #7 include the area of the village south of Route 13. The Board of Trustees also requests that the Town provide two teams of election inspectors on local registration days, for both districts 6 and 7, during presidential and Congressional election years." Discussion held by the board. RESOLUTION offered by Mr. Naegely, who moved its adoption, seconded by b r Mr. LaVigne: c� RESOLVED, that Jerilea D. Burke be appointed as a Member of the Lansing Planning Board for a five year term beginning January 1, 1977. Carried Letter received from the Tompkins Health Department regarding Lansing Water Dist. #2 public water supply. Said letter referred to James Howell. Letter received from T.G. Payne, Director of Assessment concerning "Opinion of Counsel Concerning Business Investment Exemption Law as it may apply to Real Property owned by Electric, Gas, Telephone or other Utility Companies. " (continued) 0 1 • 1 Continued January 11, 1977 Letter received from the State Board of Equalization and Assessment concerning Public Hearings on 1977 Agricultural Value Factors for Computing Agricultural Value Assessment Ceilings. Letter received from Frank R. Liguori, Commissioner of Planning concerning NYS Environmental Qualtiy Review Act (SEAR). Letter received from Robert J. Freeman, Executive Director of the State of New York, Committee on Public Access to Records. Subject of the letter concerned the Open Meetings Law. Supervisor presented his monthly report. AUDIT RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that General Fund bills #1 through #12, totalling $5,917.77 and Highway Fund bills #1 through #7 totalling $12,958.90 be and the same are hereby approved for payment, and be it further RESOLVED, that Water District #2 bills be and the same are hereby approved for payment. Carried On Motion, meeting adjourned at 10:45 P.M. /�� February 8, 1977 The Lansing Town Board met in Regular Session at the Lansing Town Hall on February 8, 1977 at 8:00 P.M. with Supervisor McDermott presiding. Wesley McDermott Louis Bush Bert Hilliard Edward LaVigne Lee Naegely Robert Williamson Lloyd Sharpsteen Jane Bush Horky ROLL CALL Supervisor Present Councilman Absent Councilman Present Councilman Present Councilman Present Town Attorney Present Highway Supt. Present Clerk Present Visitors: Zoning Officer Norman Stanton and eleven visitors. The Supervisor called the meeting to order at 8:00 P.M. having the clerk take the Roll Call. Proof of Notice having been furnished, the Public Hearing on the proposed Amendment to the Ordinance Regulating Snowmobiles, to include in Section 3, subdivision (3) (b), Buck Road westerly from Route 34 to Conlon Road, Bower Road from Route 34 to Conlon Road and Searles Road from 59 Searles Road westerly to Conlon Road, as Town Roads designated for snowmobiles, was called to order by Supervisor-McDermott. John Place, residing at 142 Bower Road, appeared before the board and spoke against Bower Road being designated for snowmobiles. Mr. Place stated that the curves and hills on Bower Road made it diffucult to stop for snow- mobiles, spoke of the added liability and felt the noise disruptive to the environment. Marvin Paige, on behalf of the Snowmobile Clubs, spoke in favor of amending the Ordinance to include the new roads designated, stating that said roads were accessible to the snowmobile trails. All persons desiring to be heard, having been heard, the hearing was terminated at 8:30 P.M. Proof of Notice having been furnished, the Public Hearing on a proposed Local Law for the Town of Lansing dealing with notice to the Town of Lansing of defective and unsafe conditions in the Town Highway, etc., before a Civil Action may be maintained against the Town for damages or injury to person or property by reason of said defect, was called to order by Supervisor McDermott. Attorney Williamson reviewed the Local Law in detail with the board members and persons present. All persons desiring to be heard, having been heard, the hearing was terminated at 8:45 P.M. icontinued)