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HomeMy WebLinkAbout1977-07-120 July 12, 1977 The Lansing Town Board met in Regular Session at the Lansing Town Hall on July 12, 1977 at 8:00 P.M. with Supervisor McDermott presiding. ROLL CALL Wesley McDermott Supervisor Present Louis Bush Councilman Present Bert Hilliard Councilman Present Edward LaVigne Councilman Present Lee Naegely Councilman Present Lloyd Sharpsteen Highway Supt. Present Robert Williamson Town Atty. Present Jane Bush Horky Town Clerk Present Visitors: Zoning Officer Norman Stanton, Deputy Clerk Wanda Brink, Water Supt. James Howell and twenty -three 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 proposed uses of Federal Revenue Sharing monies, was called to order by Supervisor McDermott at 8:00 P.M. _473 Supervisor McDermott stated that proposed uses of said Federal Revenue Sharing monies included Services for the Aged and Highway Capital Equipment. Letter was received and read from the Commissioners of the Lansing Fire District requesting $30,000.00 of Federal Revenue Sharing monies towards the purchase of a new Ambulance. Paul Welch spoke on behalf of the Fire District and the need for a second ambulance. All persons desiring to be heard, having been heard, the Public Hearing was terminated at 8:20 P.M. A copy of the minutes of May 10,1977 having been furnished to the members of the town board beforehand, the Supervisor asked for a motion to propose corrections of errors or to accept same as submitted. RESOLUTION offered by Mr. LaVigne, seconded by Mr. Naegely, that the minutes as submitted by the clerk be approved. Carried Two resolutions received from the Village of Lansing, 1) Sewer Easement for Ithaca Associates, 2) Access to Orear Subdivision. Discussion, no action taken. Letter received from Louis Emmick on behalf of the Republican Committee, requesting that the custodians compensation be raised from $85.00 to $100.00 each, after set -up, plus mileage. Discussion held by the board. RESOLUTION offered by Mr. Bush, who moved its adoption, seconded by Mr. LaVigne: RESOLVED, that the custodians salary be increased to $100.00 each, after set -up, plus 12¢ per mile, effective immediately. Vote of Town Board . . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . . (Aye) Wesley McDermott, Supervisor RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that Wiley Sutphin be appointed the Democrat Custodian from July 155 1977 to July 15, 19780 I Carried Letter received from Philip A. Ross requesting that Ross Road be built -up in such a manner that it can be maintained (plowed) during the winter. The board discussed the condition of said road as well as exploring alternatives. Highway Supt. Sharpsteen was requested to submit his recommendations concerning Ross Road for the board's consideration. Letter received from Tompkins County Board of Representatives requesting the appointment of one ,youth board member to the County -Wide Youth Bureau. Request forwarded to Lansing Recreation Commission for their recommendation. Supervisor McDermott announced that AN ACT to amend the public housing law, in relation to creating and establishing the Town of Lansing housing authority and prescribing its powers and duties, had passed the Assembly and Senate, and is now before the Governor for executive action. Mr. & Mrs. Tracy Tobey appeared before the board to discuss the fly ash problem, stating that Mr. Murphy was not living up to his Agreement. Discussion held by the board. Supervisor McDermott to contact Mr. Murphy, Mr. Gingold, Mr. & Mrs. Tobey and the Town Board Members and set up a meeting to inspect and review the fly ash condition on the Tobey property. (Continued) f4 Continued July 12, 1977 Received from the N.Y.S. Electric & Gas Corp., an application for a license to operate a junk yard for use as a fly ash deposit site, located north of the Milliken Station Road. Members of the Board and Zoning Officer, Norman Stanton, discussed said application. Following resolution offered: RESOLUTION offered by Mr. LaVigne, seconded by Mr. Bush. RESOLVED, that the Town Board of the Town of Lansing will hold a Public Hearing on the junk yard application of the N.Y.S. Electric & Gas Corp., to operate a junk yard for use as a fly ash deposit site; located north of the Milliken Station Road, on N.Y.S. Electric & Gas Corp. property, area of site being approximately 25 acres. Said Public Hearing to be held at 8:00 P.M. on the 26th day of July, 1977. Carried Ralph Barnard requested the board to consider a contract to serve water, from District , #2 for a single family dwelling on property purchased from Arno C. Finkeldey located at Myers Road Rear. Town Attorney Williamson was asked to draw up a contract for the board's consideration at the meeting of July 26th. John Hartman discussed a second petition (filed July 13, 1977) opposing the cutting of trees in the Lansing Town Park. Mr.�Hartman presented pictures and read his article from the Ithaca Journal regarding the trees. Dennis Winters from the Environmental Management Council spoke against the tree cutting. Dis= cussion held by the board and persons present who wanted to be heard. Following resolution offered: RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mr. LaVigne: RESOLVED, that the resolution adopted June 14, 1977, "that the Town cut the trees along the dike at the Lansing Town Park ", be rescinded and the matter be referred to the Parks Commission for further study and recommendation to the Town Board. Vote of Town Board . . . (No) Louis Bush, Councilman Vote of Town Board . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . (No) Lee Naegely, Councilman Vote of Town Board . . . (Aye) Wesley McDermott, Supervisor Carried The following statements were made by Board Members as they cast their vote on the preceding resolution: Councilman Louis Bush: My opinion on cutting the trees remains the same. I still believe if the trees were cut along the dike, the ground leveled, graded, planted to lawn and trees replanted, the site would be much improved. Councilman Lee Naegely:-The number of trees in question would not effect the water supply. Would still agree to cutting trees along the dike, but no additional trees to be cut. Supervisor McDermott: The first petition presented to the Town Board on June 21st was confusing, the second petition discussed tonne did state the trees involved. In view of Mr. Hartman's second effort and the public interest shown, I an will- ing to rescind the resolution of June 14, 19770 RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mr. LaVigne: RESOLVED, that the following persons be reappointed to the Lansing Parks Commission: John Moravec term expiring December 31, 1977; Eric Trotter term expiring December 31, 1979; Norman Stanton term expiring December 31, 1977 and Bradley Griffin term expiring December 31, 19809 Unanimously carried. RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that Ina Sutfin be authorized to attend the Justice Clerk school in Binghamton, N.Y. on July 13th and that all necessary expenses be a town charge. Unanimously carried. RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that.the Highway Superintendent is hereby authorized to hire five additional part -time laborers. Unanimously carried. (continued) • • .a 3, Continued July 12, 1977'_ c� RESOLUTION offered by Mr. Bush, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that the Surfacing of Town Highways (Pursuant to Art. 8 -A Highway Law) submitted by the Highway Superintendent be approved as follows: Buck Road, Hillcrest Road, Benson Road, Armstrong Road and Collins*Road. Unanimously adopted. RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Hilliard: AUTHORIZING THE TOWN HIGHWAY SUPERINTENDENT TO ENTER INTO A,CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT OF A SAFER ROADS DEMONSTRATION PROJECT. WHEREAS, the Congress of the United States has through the Highway Safety Act of 1973 declared it to be in the national interest for Federal funds to be expended for a "Safer Roads Demonstration Program" as defined in Section 203 of such Act (Section 4055 Title 23, U.S.C.); and WHEREAS, the above mentioned Sections provide for the apportionment of Federal aid funds to the State for the purposes of carrying out the above identified demonstration projects; and WHEREAS, Section 405 of Title 23, United States Code, authorizes the State to enter into a formal agreement for such construction with the appropriate local officials of the Town in which such project is located; and WHEREAS, Sections 10 and 80 of the Highway Law authorizes the New York State Commissioner of Transportation to use moneys disbursed under the Federal Aid Highway Acts; therefore be it RESOLVED, that the Town Highway Superintendent be and he is hereby authorized to execute an agreement with the New York State Department of Transportation in order to undertake a Safer Roads Demonstration Project. Unanimously adopted. RESOLUTION offered by Mr. Bush, who moved its adoption, seconded by Mr. LaVigne: RESOLVED, that the Supervisor be and he is hereby authorized to expend from the Capital Reserve for Highway Equipment Fund, the sum of $58,443900 to pay for the New Trojan /Yale Loader Model 3000C. Vote of Town Board . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . (Aye) Wesley McDermott, Supervisor RESOLUTION offered by Mr. Naegely, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that the Supervisor be and he hereby is authorized and directed to cancel all policies with the Simpson Insurance Agency, effective as of July 1, 1977. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Louis Bush, Councilman . (Aye) Bert Hilliard, Councilman . (Aye) Edward LaVigne, Councilman . (Aye) Lee Naegely, Councilman . (Aye) Wesley McDermott, Supervisor RESOLUTION offered by Mr. Naegely, who moved its adoption, seconded by Mr. Bush: RESOLVED, that $2,633.00 be transferred from the Contingent Fund #A1990.4 to the Unallocated Insurance Fund , #A1910.4, to pay balance of insurance bill. Vote of Town Board . . . . (Aye Vote of Town Board . . . . (Aye Vote of Town Board . . . . (Aye Vote of Town Board . . . . (Aye Vote of Town Board . . . . (Aye Louis Bush, Councilman Bert Hilliard, Councilman Edward LaVigne, Councilman Lee Naegely, Councilman Wesley McDermott,Supervisor Supervisor McDermott stated that the Southern Cayuga Lake Intermunicipal Water Commission had requested a resolution authorizing the borrowing of $330,000.00 on Revenue Anticipation Notes. Mr. McDermott read the following explanation from Walter Schwan, Treasurer of the Commission: "In order to pay the interest due on the $8,000,000 Bond Anticipation Notes on February 10th we had to use money from the construction account. The 7.8% interest rate raised the total second year interest cost by $200,000 above estimates. Change orders raised the contract price by $112,000 and selling 20 -year bonds raised the first year principal payment by $75,000. The moneys borrowed on Revenue Anticipation Notes will have to be paid back out of annual revenue and it will tak% two years to retire them. We will have to renew part of the borrowing next year. (continued) 1 1 4 �. 'Continued July 12, 1977 The board members discussed the request from the SCLIWC for authorization to borrow $330,000.00 and the following resolution was offered: RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Naegely: RESOLVED, that the Chief Fiscal Officer of the Town of Ithaca is hereby author- ized to borrow, on behalf of the Towns of Lansing, Ithaca, and Dryden, and the Villages of Cayuga Heights and Lansing, on Revenue Anticipation Notes, a sum not to exceed $330,000, only as needed, for a period of one year, for the purpose of paying retainage due contractors between now and December 7, 1977, under the 5% 7 retainage provision of the contracts, the need for such borrowing arises out of ? (1) loss of water revenue due to late start -up of the system, (2) the 7.8% interest due February 10, 1977 on second year Bond Anticipation Notes of $8,000,000 and V) o t3) principal and interest payment due August 15, 1977 on $7,000,000 bonds. RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that Councilman Lee Naegely be excused from voting on the following Resolutions in regard to Petition No. 3, due to a Conflict of Interest. DETERMINATION - PETITION NO. 3 WHEREAS, a public hearing was held and the Village Board of the Village of Howard Johnson Motor Lodge in the said Petition No. 3 requesting annexation of to the Town of Lansing, which Petition, proposed to be annexed, is incorporated Carried by the Town Board of the Town of Lansing Lansing on the 9th day of May, 1977, at the Village and Town of Lansing, regarding certain territory of the Village of Lansing including the description of the territory herein in full by reference, and WHEREAS, the Town Board has examined the Petition hereinafter referred to as Petition No. 3 duly filed in the Town Clerk's Office March 17, 1977, and WHEREAS, the said Boards have heard all of those in attendance at said hearing both in opposition to said annexation and in favor of said annexation, and WHEREAS, the territory proposed to be annexed is included in the larger areas described in Petition No. 1 Vote of Town Board . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Edgard LaVigne, Councilman Vote of Town Board . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . (Aye) Wesley McDermott, Supervisor RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that Councilman Lee Naegely be excused from voting on the following Resolutions in regard to Petition No. 3, due to a Conflict of Interest. DETERMINATION - PETITION NO. 3 WHEREAS, a public hearing was held and the Village Board of the Village of Howard Johnson Motor Lodge in the said Petition No. 3 requesting annexation of to the Town of Lansing, which Petition, proposed to be annexed, is incorporated Carried by the Town Board of the Town of Lansing Lansing on the 9th day of May, 1977, at the Village and Town of Lansing, regarding certain territory of the Village of Lansing including the description of the territory herein in full by reference, and WHEREAS, the Town Board has examined the Petition hereinafter referred to as Petition No. 3 duly filed in the Town Clerk's Office March 17, 1977, and WHEREAS, the said Boards have heard all of those in attendance at said hearing both in opposition to said annexation and in favor of said annexation, and WHEREAS, the territory proposed to be annexed is included in the larger areas described in Petition No. 1 proposed to be annexed from the Village of Lansing to the Town of Lansing, and WHEREAS, no one at the hearing held March 29,.1977, appeared in opposition to the annexation of the territory described in Petition No. 1 which includes all of the territory in Petition No. 3, and WHEREAS, several persons appeared in opposition at the annexation hearing for the territory described in Petition No. 3, NOW, THEREFORE, on motion made by Edward LaVigne, seconded by Louis Bush, the Board hereby determines pursuant to paragraph 1, section 711 of the General Municipal Laws as follows: 1. That Petition be annexed included in No. 3 is a annexation smaller portion Petition No. 1, of the total area requested to the description of which is incorporated herein by reference as if set forth in full. 2. That the area requested to be annexed set forth in Petition No. 3 does not abut the territory described in annexation Petition No. 2. That Petition No. 2 is incorporated herein by reference as if set forth in full. 3. That Petition No. 2 was approved by the Town Board by Order filed in the Town Clerk's Office June 14, 1977. That since the territory described in Petition No. 2 does not abut the territory described in Petition No. 3, Petition No. 2 would be automatically eliminated from consideration for annexation to the Town of Lansing since none of its territory would border on Town territory. That such elimination would be arbitrary and discriminatory against those persons residing in the area described in Petition No. 2 who are desirous of annexing to the Town of Lansing. 4. That at the hearing held in Petition No. 1, which included in fact, a much larger territory, annexation. March 29, 1977,relative to the territory described the territory set forth in Petition No. 3 but was not one person appeared in opposition to said 5. That on information and belief Petition No. 3, which is a much smaller area proposed to be annexed to the Town of Lansing from the Village of Lansing, was prepared and distributed by members of the Village Government of the Village of Lansing. (continued) • Continued July 12, 1977 6. That at the hearing held May 9, 1977, relative to Petition No. 3, persons appeared in opposition to Petition No. 3 and wanted the larger territory as set forth in Petition No. 1 to be approved. That the territory described in Petition No. 1 abuts the territory described in Petition No. 2 and would therefore enable residents and owners of land of the territory described in Petition No. 2 to be annexed to the Town of Lansing. 7. That the Town of Lansing as a responsible municipal government wishes to respond, and as much as possible grant the requests of the Citizens living within the boundaries of the Town and abide by their requests; that as aforesaid, no one appeared at the hearing regarding Petition No. 1 in opposition to said annexation proposal; that persons residing in the Village area which would be annexed to the Town of Lansing, from the statements made at the public hearing, are desirous of coming back to the Town form of government, rather than be in a combined Town and Village Government; that said parties indicated their realization that there were certain debts including debts for water lines and appurtenances that they would still be responsible for should they be in the territory annexed to the Town of Lansing; that this presented no insurmountable problem, since the Town of Lansing was already responsible for the debts for the said water lines and appurtenances. 8. That this Board further, at the hearing held May 9, 1977, filed certain objections to the Petition No. 3 pursuant to Section 705 of the General Municipal Law, which objections are attached hereto and made a part hereof. That objections were placed on file with both Boards at the time of the May 9 hearing. 9. That based upon the foregoing it is the determination of this Board, that said Petition "for annexation entitled No. 3 does not comply in all respects with the provisions of Article 17 of the General Municipal Law and further, that on the basis of the Testimony taken at the hearing, which testimony is incorporated herein by reference and made a part hereof as if set forth in full, and on the basis of further considerations, including but not limited to those relating to the effects upon a) the territory proposed to be annexed, b) the adverse effect said approval would have on the Petition No. 2 previously approved by the Town Board of the Town of Lansing, c) the local government (Town of Lansing) to which the territory is proposed to be annexed, d) the remaining area of the local government (Village of Lansing) in which the territory is situated, and e) the Ithaca City School District, Lansing School D istrict, Lansing Fire District, Village of Lansing Water District (Lansing Water District No. 1) located partly in the territory proposed to be annexed that it is the Determination of this Board that it is NOT in the overall public interest to approve such annexation. Vote of Town Board . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . (Excused) Lee Naegely, Councilman Vote of Town Board . . . . (Aye) Wesley McDermott, Supervisor RESOLUTION DISAPPROVAL OF PETITION NO. 3 Resolved on motion made by Mr. Hilliard, seconded by Mr. Bush, that upon all of the testimony taken at the hearing on the proposed annexation of certain territory in the Village of Lansing to the Town of Lansing set forth and described in full in Petition No. 3, which hearing was held the 9th day of May, 1977, at the Howard Johnson Motor Lodge in the Village of Lansing, at which both members of the Town Board of the Town of Lansing and members of the Village Board of the Village of Lansing were present, that this Board hereby make the following findings with respect to the compliance of the Petition with the provisions of Article 17 of the General Municipal Law, and with respect to the effect of the proposed annex- ation on the overall public interest. FINDINGS: 1. The Board hereby incorporates in this Resolution the Determination re- garding Petition No. 3 adopted by Resolution of this Board on the 12th day of July, 1977. Said Determination is incorporated herein in full. 2. This Board hereby finds that the Petition with respect to Petition No. 3 regarding certain territory proposed to be annexed from the Village of Lansing to the Town of Lansing does not comply with Section 705 of the General Municipal Law and more specifically as set forth in "the written objections filed with both Boards on May 9, 1977. Copy of said objections are incorporated herein by ref. erence and made a part hereof. 3. The Board finds that the subject property of the annexation proceedings is located entirely in the Village of Lansing and the description thereof is attached to the Petition hereinafter referred to as Petition No. 3 and incorporated herein by reference. 4. That the Board finds that the territory which is proposed to be annexed from the Village of Lansing to the Town of Lansing as described in Petition No. 3 is in fact a smaller portion of the territory described in Petition No. 1. Petition No. 1 is incorporated herein by reference as if set forth in full. (continued) Continued July 12, 1977 5. This Board further finds and determines that the territory described in Petition No. 3 does not in fact border the territory requested to be annexed by petitioners in Petition No. 2. That as a result any approval of Petition No. 3, rather than Petition No. 1, would automatically eliminate Petition No. 2 from con- sideration for annexation. The territory described in Petition No. 2 is incorporated herein by reference. This Board finds such an approval of territory to be annexed which would automatically eliminate the territory described in Petition No. 2 would be arbitrary and would not be responsive to the wishes of the people who are re- questing that the territory described in Petition No. 2 be annexed to the Town. 6. At the hearing held March 29, 1977, concerning the request of the petitioners in Petition No. 1 to be annexed from the Village of Lansing to the Town of Lansing there was not one person who objected to said annexation of the territory described in said Petition. 7. That there is presently in the Town, and has been, a zoning ordinance which controls the overall planning and development of the area of the Town immediately to the north of the Village of Lansing; that a change in the boundary of the Village of Lansing in accordance with the requests set forth in annexation Petitions No. 1 and 2 would in no way adversely effect the relationship between the Town of Lansing and the Village of Lansing; that Town of Lansing has already issued and is respon- sible for the amortization of the debt for water systems in said territory and there would be no problem in the residents and owners of land in said territory to continue to pay their water.bills not only for amortization but also for operation and main- tenance. 8. That since no one in the territory described in annexation Petition No. 1 opposed annexation to the Town of Lansing it is the finding of this Board that it should not accept a lesser territory as described in Petition No. 3 to the Town of Lansing and omit everyone else in the territory described in Petition No. 1 from annexation, as well as all those in Petition #2. AND BE IT FURTHER RESOLVED, that based upon the foregoing findings and Deter- mination concurrently adopted by this Board on the 12th day of July, 1977, that this Board determines that the proposed annexation is NOT in the overall public interest. Vote of Town Board . . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . . (Excused) Lee Naegely, Councilman Vote of Town Board . . . . . (Aye) Wesley McDermott, Supervisor [•eat• The following Order was duly moved by Mr.,LaVigne, seconded by Mr. Hilliard and carried: the Town Board of the Town of Lansing having heard all parties inter- ested in Petition No. 3 requesting annexation of certain territory in the Village of Lansing to the Town of Lansing at a public hearing held the 9th day of May, 1977 at the Howard Johnson Motor Lodge in said Village of Lansing, at which hearing, members of the Town Board of the Town of Lansing were present as well as members of the Village Board of the Village of Lansing, and after reviewing the testimony taken at said hearing, both in favor of and in opposition to said annexation, and after considering its Determination adopted this 12th day of July, 1977; its Resolution containing its findings adopted July 12, 1977, and also the objections filed in writing relative to the Petition No. 3 in accordance with Section 705 of the General Municipal Law, this Town Board hereby ORDERS, that the proposed annexation of the territory described in Petition No. 3 incorporated herein by reference as if set forth in full is hereby disapproved, and it is further ORDERED, that the Determination and Resolution of this Town Board adopted the 12th day of July, 1977, including its findings with respect to non - compliance of the Petition and with respect to the effect of the proposed annexation on the overall public interest be and the same hereby are incorporated herein by reference as if set forth in full, and it is further ORDERED, that the Town Clerk of the Town of Lansing file this Order together with the Determination and Resolution and copies of the Petition, Notice, Written Objections, and the testimony of the minutes of the proceeding in the office of the Clerk of the Town of Lansing and the Office of the Clerk of the Village of Lansing. Vote of Town Board . . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . . (Excused) Lee Naegely, Councilman Vote of Town Board . . . . . (Aye) Wesley McDermott, Supervisor (continued) 40 41 1 i • Continued July 12, 1977 RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Town Attorney be and he hereby is authorized and directed to commence the required proceeding under Section 712 of the General Municipal Law, and apply to the Appellate Division of the Supreme Court for adjudication and determination on the law and facts on the issue of whether the proposed Annexation #1 and #2 is in the overall public interest. Vote of Town Board . . . . . (Aye) Louis Bush, Councilman Vote of Town Board . (Aye) Bert Hilliard, Councilman Vote of Town Board . (Aye) Edward LaVigne, Councilman Vote of Town Board . (Excused) Lee Naegely, Councilman Vote of Town Board (Aye) Wesley McDermott, Supervisor Town Board . . . . . (Aye) . Vote The Supervisor presented his monthly report. AUDIT RESOLUTION offered by Mr. LaVigne, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that General Fund bills #197 through #237 totalling $13,303.14 and Highway Fund bills #149 through #170 totalling $16,841.74 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. Vote of Town Board . . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . . (Aye) Wesley McDermott, Supervisor The meeting was adjourned at 12:26 A.M. to 8:00 P.M. July 26, 1977. � NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Lansing will hold a Public Hearing at the Town Hall, Town of Lansing, New York on, i July 12, 1977 at 8:00 p.m. on proposed fuses of. Federal Revenue Sharing monies. Proposed uses for Federal-,' Revenue Sharing includes Services for the /Aged and Higghway Capital Equip- ment. Any member of the public may make written or oral comments at the Hearing. ( By Order of the Lansing.Town Board 1 Jane Bush Horky, Town Clerk 711/77 July 26, 1977 The Lansing Town Board met in an Adjourned Meeting on July 26, 1977 to conduct a Public Hearing on Junk Yard Application received from New York State Electric & Gas Corp., and to conduct and act on any other business that may come before said board. Meeting held at the Lansing Town Hall at 8:00 P.M. 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 Town Clerk Present Visitors: Zoning Officer Norman Stanton, twenty -one Lansing Residents. New York State Electric & Gas Corp. Representatives present were: Paul Komar, Area Manager; Gary Wood, Site Design Engineer; Dave Budosh, Present Site Manager; Fred Stapleton, Environmentalist. The Supervisor called the meeting to order having the clerk take the Roll Call. PROOF OF NOTICE having been furnished, the Public Hearing on the Application from the New York State Electric & Gas Corp., for a license to operate a junk yard for use as a fly ash deposit site, was called to order by the Supervisor at 8:00 P.M.. The proposed site is located north of the Milliken Station Road, area being approximately 25 acres owned by the New York State Electric & Gas Corporation. Supervisor McDermott introduced Paul Komar, Area Manager for New York State Electric & Gas Corporation. Mr. Komar presented drawings consisting of location and site plans, site development plans, construction plans, final contour plans and road drainage detail plans. Mr. Komar discussed in detail, the existing conditions, the projected waste generation, alternative courses of action, the site analysis of the proposed project and the proposed operation of the facility. (continued)