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HomeMy WebLinkAbout1987-02-27:tL11. February 27, 1987 The Lansing Town Board met in an Adjourned Meeting at the Lansing Town Hall on February 27, 1987 at 5 :00 P.M., Board . as called by the Supervisor. ROLL CALL Herbert H. Howell Supervisor Present Louis Emmick Councilman Present Bert Hilliard Councilman Absent Jeannine Kirby Councilwoman Present George Stevens Councilman Absent Supervisor Howell called the meeting to order having the clerk take the Roll Call. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Ms. Kirby: RESOLUTION - PROVIDING FOR PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT RESOLVED, that a public hearing on the Community Development Block Grant for the Hamlet of Ludlowville will be held before the Lansing Town Board on Wednesday, March 11, 1987 at 7:30 P.M. in the Lansing Town Hall, Lansing, New York, and be it further RESOLVED, that the Supervisor of this Lansing Town Board be and hereby is authorized and directed to publish notice of such hearing in the Ithaca Journal News. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . (Aye) Herbert Howell, Supervisor RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Ms. Kirby: RESOLVED, that 'the Supervisor be empowered to sign lease agreement with Vestal Asphalt, Inc., on behalf of the Lansing Town Board. Carried Said Agreement attached hereto and made a part thereof. RESOLUTION, offered by Ms. Kirby, who moved its adoption, seconded by Mr. Emmick: RESOLVED that the Supervisor be empowered to sign contract with the Tompkins County Highway Department for snow and ice removal, said agreement terminating December 31, 19910 Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . (Aye) Herbert Howell, Supervisor Said Agreement attached hereto and made a part thereof. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Ms. Kirby: RESOLVED, that the Supervisor be empowered to sign contract with N.Y.S. Division For Youth regarding public water. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . (Aye) Herbert Howell, Supervisor Said Agreement attached hereto and made a part thereof. On motion, meeting adgourned at the call of the Supervisor C: 4 1 ERT L WILLIAMSON DUMTr ATroRmar COURT nQuez JTNACA. N. Y. AGRESISNT AGREEMENT, made as of the 1st day of January, 1987, by and between the COUNTY OF T014PKINS, a municipal corporation of the State of New York, with main offices in the County Courthouse at 320 North Ticga Street, Ithaca, New York, hereinafter referred to as the "County," and the TOWN OF LANSING , a municipal corporation with the County of Tompkins, hereinafter referred to as the "Town." I W I T N E S S E T He WHEREAS, Section 135 -a of the State Highway Law authorizes a county to contract with a city, town, or village for the removal of snow from county roads, or for sanding or otherwise treating them for the purpose of removing the danger of ice and snow subject to the approval by resolution of the legislative bodies contracting for said services, and WHEREAS, the County wishes to contract with the Town for the removal of snow, sanding, or otherwise treating such County roads and State highway in said Town and neighboring towns as laid out before each snow season by the Commissioner of Public Works, NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The term of this agreement shall be for five years, to commence January 1, 1987 and terminating December 31, 1991, and may be extended by mutual written consent of both parties. If the Town does not intend to extend, it must notify the County in writing no later than July 1, 1990. 2. The County agrees to rent to the Town and the Town agrees to rent to the County Highway Department, tools or equip- ment for such purposes. Payment for same shall be $ 2,000600 per two -lane mile for the year 1987. Said payments shall be made on February 1, March 1, April 1, and December 1 of each year. The amount paid per two -lane mile will be adjusted each year by the percentage change in County billings to the State for snow and ice removal work performed during the preceeding year. M .. J 1 i 1 ERT le WILLIAMSON DUKTT ATTOIIN[T COUNT a40004 ITN"& N. T• 3. The Town shall credit the money received from the County to the respective funds in the Town budget that were charged with the objects of expense. 4. The Town shall keep records of approximately when snow removal work is performed on County roads, which records may be reviewed by County staff during business hours. 5. The Town shall indemnify, hold harmless, and defend the County against any and all causes of action brought against the County for damages or injuries to persons or property arising out of this contract. The Town shall provide to the County a certifi° sate of owners /contractors protective liability insurance in the name of the County, with a company with a BEST'S B+ rating, auth- orized to do business in the State of New York, with a minimum single limit of $500,000 bodily injury /property .damage. The cer- tificate shall contain evidence of auto liability for all vehicles with limits not less than $500,000 bodily injury /property damage. 6. During the term of this contract, if the County Highway Superintendent agrees that unusual circumstances have drastically altered the cost of snow and ice removal during any year, a one time payment will be negotiated. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Dated: Dated: Dated: Mary G. Call, Chairwoman Board of Representatives County of Tompkins /J supervisor: Town of--� William RoEbs, Commissioner Department of Public Works County of Tompkins e i THIS AGREEMENT is made by and between the TOWN OF LANSING, a runic ipal corporation organized and existing under the laws of the State of New York, with offices in Lansing, New York 14882, hereinafter referred to as the "Town ", and the STATE CF NEW YORK, acting through the Division for Youth, with offices at 84 Holland Avenue, Albany, New York 12208, hereinafter referred to as the "State ". WITNESSETH0 WHEREAS, the State maintains a residential care facility for youth, known as the Lansing Residential Center, in the Town of Lansing, hereinafter referred to as the "Facility "; and WHEREAS, the State is in need of public water to serve said Facility, and wishes to have access to the Town's water system; and WHEREAS, there is insufficient taxable real property within the area to justify the Town's creation of a water district and the construction of proposed improvements to provide the necessary water to serve the Facility; and WHEREAS, the State and the Town previously entered into an agreement whereby..the State reimbursed the Town for the design and preparation of construction documents by T.G, Moller Associates, P.C., 20 N. Aurora Street, Ithaca, New York 14850 for a proposed extension of the Town's water system to the Facility, in return for the Town's promise to have the extension constructed and to furnish water to the said facility] • h 4 i THIS AGREEMENT is made by and between the TOWN OF LANSING, a runic ipal corporation organized and existing under the laws of the State of New York, with offices in Lansing, New York 14882, hereinafter referred to as the "Town ", and the STATE CF NEW YORK, acting through the Division for Youth, with offices at 84 Holland Avenue, Albany, New York 12208, hereinafter referred to as the "State ". WITNESSETH0 WHEREAS, the State maintains a residential care facility for youth, known as the Lansing Residential Center, in the Town of Lansing, hereinafter referred to as the "Facility "; and WHEREAS, the State is in need of public water to serve said Facility, and wishes to have access to the Town's water system; and WHEREAS, there is insufficient taxable real property within the area to justify the Town's creation of a water district and the construction of proposed improvements to provide the necessary water to serve the Facility; and WHEREAS, the State and the Town previously entered into an agreement whereby..the State reimbursed the Town for the design and preparation of construction documents by T.G, Moller Associates, P.C., 20 N. Aurora Street, Ithaca, New York 14850 for a proposed extension of the Town's water system to the Facility, in return for the Town's promise to have the extension constructed and to furnish water to the said facility] • h i 1 -2- WHEPM%,9, the proposed extension, hereinafter referred to as the "iaprovements ", is described and defined in certain Contract Documents, titled : Town of Lansing 1bUVk ins Coun ty, New Yor]� II I -1 •1 •- •, 1. •- . -, s i 1 -2- WHEPM%,9, the proposed extension, hereinafter referred to as the "iaprovements ", is described and defined in certain Contract Documents, titled : Town of Lansing 1bUVk ins Coun ty, New Yor]� II I -1 •1 Auburn Kna�' wd Peruy j lle Road 1986 prepared by T.G. Miller Associates P.C., Engineers and Surveyors, 203 N. Aurora Street, Ithaca, New York 14850, consisting of 126 pages, plus Appendices "A" and "B ", consisting of the Rules and Regulations of the Southern Cayuga Lake Intermanicipal Water Commission Governing the Use and Supply of Water, and test boring results, respectively, and certain Plans, entitled: e !U 11 • -U '_1.. L •- •, 1. •- . -, -� Auburn Kna�' wd Peruy j lle Road 1986 prepared by T.G. Miller Associates P.C., Engineers and Surveyors, 203 N. Aurora Street, Ithaca, New York 14850, consisting of 126 pages, plus Appendices "A" and "B ", consisting of the Rules and Regulations of the Southern Cayuga Lake Intermanicipal Water Commission Governing the Use and Supply of Water, and test boring results, respectively, and certain Plans, entitled: e !U 11 • -U '_1.. L ' I �I • • :: •- '.9 _ ' I �I • • :: prepared by T.G. Miller Associates P.C., Engineers and Surveyors, 203 N. Auroraa Street, Ithaca, New York 14050 and approved by the New York State Division for Youths Paul Arndt, Director of Felcilities Planning and Development on December 10, 1986, with approval of updated f inal construc- tion documents on January 9, 1987, and by the Town of Lansing, Herbert H. Howell, Supervisor on August 8, 1986, all of which are incorporated herein by reference as if fully set forth herein, and shall be referred to as the Contract Documents and the Plans. NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, and in the prior agreement between the Town and the State, which is attached hereto and incorporated herein as Appendix B. the parties agree as follows: 1. The Town shall obtain bids and contract for the construction of the improvements, complete with hydrants, valves and other appurtenances, in accordance with the aforesaid Contract Documents and Plans. 2. The State agrees to pay the Town up to a sum not to exceed $208,000 for the actual construction costs (as hereinafter defined) of the aforesaid improvements. The Town shall be responsible for all actual construction costs exceeding $208,000. For the purpose of this agreement, the term actual construction costs shall mean and include: the amount of the construction contract award, all necessary and approved change orders on contract for up to ten percent -of the contract amount; and, such necessary engineering consulting services during construction and resident inspection as are approved by both too TaWi qpj the Sate. 1� shall not mein or include the estimated cost of -4- nineteen private service connections which are designed as part of the improvements. 3. Payments for all actual construction costs, not to exceed a total of $208,000, shall be made to the Town, after the Town has submitted, and the New York State Comptroller has approved, the Contractor's or the Engineer's fully documented invoices. The Town shall review each of the Contractor's and the Engineer's invoices to determine if the work for which the invoice is submitted has been completed according to the Contract Documents and Plans and if it conforms to relevant statutes, ordinances, rules and regulations, including, but not limited to the rules and regulations of the Southern Cayuga Lake Intermunicipal, Water Commission. The Town shall indicate acceptance and approval on each invoice in writing and shall then submit it to the Division. The Division will exert every effort to secure New York State Comptroller's approval, which -is a condition precedent, to payment, and to make payment on each fully accepted and ap- proved invoice within 45 days of receipt. 4. The Town agrees to own, operate and maintain the waterline improvements and to allow the Facility to make a service connection to its water distribution system. The State agrees to pay the Town an initial, one -time fee for the service connection, plumbing permit and meter instal- lation in the amount of $7,5000 The amount of said fee shall be computed according to the rate established by the Southern Cayuga Lake Intermunicipal Water Commission for user service connections to the Town water system. • Payment shall be due upon the State's completion of the service connection to the improvements. The State will also pay. the Town for a water meter, the cost of which shall be determined by the size and model required. 5. The Town agrees to provide the State with a continuous, adeem quate supply of potable water, which meets all NYS Health Department standards, at a minitrum house pressure of 60 p.s.i. 6. The State agrees to pay water use charges at the prevailing metered rates established by the Town, and which shall be the same as rates applied to all other users of the Town's water system. Such charges shall be paid quarterly. 7. No reimbursements, fees, charges, cost adjustments or payments other than those stated herein shall be due the Town from the State. B. The Town agrees to indemnify and hold harmless the State of New York and the Division for Youth from any and all liability, suits, causes of action, claims, damages, judgments and costs of every name aW description arising out of, resulting from, or in any way related to the work performed under this agreement for construction of the aforesaid ap- proximately 5,725 feet of waterline. The Town shall require the Contractor performing the work to purchase Owners' Protective Liability Insurance, to keep such coverage in effect for the duration of the work, and to add the Town of. Lansing. the People of the State of New York and the New York State Division for Youth as addiL-ional insureds on such policy. Coverage shall be purchased from a liability carrier licensed to do business in the State of New Yorke 99 This agreement shall not be binding upon the Division for Youth until it is approved in writing by the offices of the Attorney General and Comptroller of New York State. l0. #4 terms and conditions of Appendix A, which is attached hereto, are incorporated herein. For the purpose of Appendix At the Town 1 I 4- shall be kpoan as the Contractor. The Town shall incorpor ate the terms of Appendix A in its construction contract with the Contractor selected to perfofm the work. In witness whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives this 27th day of February __, 198 7 . Town of Lansing Herbert A. Howell, Supervisor Date February 27, 1987 New York State Division for Youth By Leonard G. Dunston, Director Date f' 1 1 0BERT I. WILLIAMSON COUNTY ATTORNEY COURT NOUB< ITNACA. N. Y. A G R E 8 K E N T AGREEMIPNT, made as of the 1st day of January, 1987, by and between the COUNTY OF T014PRINS, a municipal corporation of the State of New York, with main offices in the County Courthouse at 320 North Tioga Street, Ithaca, New York, hereinafter referred to as the "County," and the TOWN OF LANSING IF a municipal corporation with the County of Tompkins, hereinafter referred to as the "Town." W I T N E S S E T H: WHEREAS, Section 135 -a of the State Highway Law authorizes a county to contract with a city, town, or village for the removal of snow from county roads, or for sanding or otherwise treating them for the purpose of removing the danger of ice and snow subject to the approval by resolution of the legislative bodies contracting for said services, and WHEREAS, the County wishes to contract with the Town for the removal of snow, sanding, or otherwise treating such County roads and State highway in said Town and neighboring towns as laid out before each snow season by the Commissioner of Public Works, NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows. 10 The term of this agreement shall be for five years, to commence January 1, 1987 and terminating December 31, 1991, and may be extended by mutual written consent of both parties. If the Town does not intend to extend, it must notify the County in writing no later than July 1, 1990. 2. The County agrees to rent to the Town and the Town agrees to rent to the County Highway Department, tools or equip- ment for such purposes. Payment for same shall be $ 2,000.00 per two -lane mile for the year 1987. Said payments shall be made on February 1, March 1, April 1, and December 1 of each year. The amount paid per two -lane mile will be adjusted each year by the percentage change in County billings to the State for snow and ice removal work performed during the preceeding year. 0 1 DIIERT L WILLIAMSON COUNTY ATTORN9Y COURT NOUY[ ITHACA, N. Y. 3. The Town shall credit the money received from the County to the respective funds in the Town budget that were charged with the objects of expense.. 4. The Town shall keep records of approximately when snow removal world is performed on County roads, which records may be reviewed by County staff during business hours. 50 TAe Town shall indemnify, hold harmless, and defend the County against any and all causes of action brought against the County for damages or injuries to persons or property arising out of this contract. The Town shall provide to the County a certifi- cate of owners /contractors protective liability insurance in the name of the County, with a company with a BEST'S B+ rating, auth- orized to do business in the State of New York, with a minimum single limit of $500,000 bodily injury /property damage. The cer- tificate shall contain evidence of auto liability for all vehicles with limits not less than $500,000 bodily injury /property damage. 6. During the term of this contract, if the County Highway Superintendent agrees that unusual circumstances have drastically altered the cost of snow and ice removal during any year, a one- time payment will be negotiated. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Dated: Dated: Dated: Mary G. Call, Chair arrow Board of Representatives County of Tompkins Supervisor:- Town of � William Mobbs, Commissioner Department of Public Works County of Tompkins 1 LEASE 4GREEMENT THIS AGREEMENT, made this 27th day of February , 1987, by and between the TOWN OF LANSING, Lansing, New York, hereinafter referred to as the "Town ", and VESTAL ASPHALT, INC., hereinafter referred to as the "Company." WITNE SSE TH: WHEREAS, the Company has requested. that it be permitted to lease certain lands owned by, the Town no longer needed for public use; and WHEREAS, the Town has, by resolution adopted December 29, 1986, declared certain lands owned by the Town no longer needed for public use and desires to lease same to the Company on certain terms and conditions; and and WHEREAS, said resolution was adopted subject to permissive referendum; WHEREAS, no referendum was requested; NOW TH E RE F 0 R E, in consideration of the promises, conditions and covenants contained herein, the parties agree as follows: 1. The Town hereby leases to the Company an area of land on premises currently owned by. the Town and occupied by the Town Highway Department, said premises being approximately 200' x 200'. The location of the site is shown on the sketch attached hereto and made a part hereof. 2. The term of this Lease shall be for five years commencing on the day of Uri 1 1987, and expiring the -6t4' r` t zr` day of rv\Q✓vh , 1992. 3. The Company shall pay the sum of Two Thousand Four Hundred Dollars ($2,400.00) per annum as rental, payable monthly at the rate of Two Hundred Dollars ($200.00) per month on or before the lst day of each month during the term 1 of the Lease. Payment shall be made to the Town of Lansing at the Town Hall, Lansing, New York, on or before the 1st day of 8i2r, 1987, and on or before the 1st day of each succeeding month thereafter during the five -year term. The Company shall pay as additional rent for each year during the term commencing April 1, 1988, an amount equal to the annual rental multiplied by the percentage increase in the Consumer Price Index for the Buffalo Area for the preceding year, as published in the Wall Street Journal. The applicable increase in the Consumer Price Index shall be for the period from January to December of the preceding year. The increased rent shall be payable in equal monthly installments over each twelve month period commencing April 1, 1988. In no event will the lease rental be less than Two Thousand Four Hundred Dollars ($2,400.00) per annum. 4. The Company shall prepare the site and will erect four liquid asphalt storage tanks with a maximum height of thirty (30) feet; a truck scale; a building to accommodate a small office and garage area, heating equipment, pump and other equipment necessary to pump, circulate and handle liquid asphalt emulsions. The Company shall have access to the leased premises prior to April 1, 1987, for site preparation and erection of facilities. Within sixty (60) days upon termination of the lease, the Company agrees to remove the tanks, scale, building and other personal items of equipment from the leased premises. In the event the Company does not remove same or reach agreement with the Town on disposition of the aforesaid items, the Town may remove and dispose of same and charge the cost thereof to the Company. 5. The Company will pay any and all real estate taxes assessed against the leased parcel, if any, immediately upon receipt of notice of said taxes from the Tow n. 1 1 1 6. The Town grants the Qompany the right to use the driveways currently on the premises used by the Town for ingress and egrees to the public highways. 7. The Company agrees to erect the facilities in conformance with guidelines for the establishment of any New York State D.O.T. approved terminal for liquid bituminous materials and to use the leased area for a New York State approved site as a primary source for manufacture and distribution of such materials. In the event the Company desires to use the premises for any other use, it must first obtain the written consent of the Town Board, 8. The Company shall not sublet nor assign this lease to any third party without the express written consent of the Town Board. 9. The Company agrees to indemnify and hold harmless the Town from. any and all liabilities, suits, causes of action, claims, damages, judgments and costs of every name and description arising out- of the terms of this lease. The Company shall provide the Town with a certificate of its liability insurance naming the Town as an additional insured on the policy. Limits of said policy shall be a minimum $1,000,000.00 bodily injury and property damage. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. By: By: TOWN OF LANSING VESTAL ASPHALT, INC. •fib ' . 1 I. tl' , O II! U us LAJ Ir r . I LO Ila 1r) O �l - ,:,r �.. , y. .. • 'Y ;�!(.L 1 u.u....l'•r•.. �'••� : •.��-- +'+`�.•?•. �ti. wL` ''. ._T•�r -.. 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Jam« •.v I � v fL r= o I • m m I i. i r= o I • m m I �l 1 ORDINANCE AMENDMENT TOWN OF LANSING ORDINANCE NO. 34 Ordinance of the Town of Lansing, County of Tompkins and State of New York, providing for amendment to Ordinance No. 5, ordinance of the Town of Lansing, providing for a partial tax exemption of real property owned by certain persons with limited income who are 65 years of age or over, adopted August 9, 1966, which ordinance was amended November 30, 1970, March 11, 19759 February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1982, and March 13, 1984. SECTION 1. The provision of the ordinance of the Town of Lansing adopted August 9, 1966, as amended, is hereby amended to read as follows. Section 1. This ordinance is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended by Chapter 756 of the laws of 1986. Section 2. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or combined income of the 1 - 2 - owners. Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION Up to $12,025.00 50% More than $12,025.00, but less than $12,525.00 45% $12,525.00 or more, but less than $13,025.00 40% $13,025.00 or more, but less than $13,525.00 35% $13,525.00 or more, but less than $14,025.00 30% $14,025.00 or more, but less than $14,525.00 25% $14,525.00 or more, but less than $15,025.00 20% This partial exemption provided by this ordinance shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. This Local Law shall be administered in accordance with said sections of the Real Property Tax Law, as now adopted, and as they may be amended from time to time, and the provisions of said sections as provided in Section 467 shall be applicable to the effectuation of the exemption provided for in this ordinance. Section 3. Application for such exemption must be made by the owner or all of the owners of the property on forms pre. scribed by the State Board to be furnished by the Tompkins - 3 - County Assessment Department and shall furnish the information and be executed in a manner required or prescribed in such forms and shall be filed in the Assessment Department Office on or before the appropriate taxable status date. Section 4. Any conviction of having made a willful false .statement of the application for such exemption shall be punishable by a fine of not more than $100.00 and shall dis- qualify the applicant or applicants from further exemption for a period of five years. Section 5. This ordinance shall, in accordance with the provisions of Section 2 of Chapter 756 of the laws of 1986, be applicable to the town tax for the year 1988, and the provi. sions of said law shall govern the granting of an exemption under Section 467, notwithstanding any contrary provisions of the section. SECTION 2. This ordinance shall be effective immediately. SECTION 3. This ordinance shall be entered in the minutes of the Town Board and published in the Ithaca Journal and a copy thereof posted on a sign board maintained by the Town Clerk of the Town of Lansing pursuant to Subdivision 6 of Section 30 of the Town Law and affidavit of publication and posting filed with the Town Clerk. BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING