HomeMy WebLinkAbout1988-11-16November 16, 1988 The Lansing Town Board met in Regular Session on November 16, 1988 at 8:00 P.M. at the Lansing Town Hall Boardroom with Supervisor Kirby presiding. Jeannine Kirby Herbert Beckwith Jeffrey Cleveland Louis Emmick Larry Tvaroha Richard.Thaler Bonita Boles ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Present Councilman Present Town Attorney Present Town Clerk Present Visitors: Howard Groat, Tom Miller, Mr. Brown, Andy LaVigne, Deb Crandall and Sharon Bowman. The Supervisor called the meeting to order having the clerk take the Roll Call, Mr. Tom Miller gave an update on the Water Districts in the Town. Mr. Daniel Brown asked the Board to allow him to contract for water on the old Myers Road. RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by Mr. Cleveland: RESOLVED that the Town Board hereby approves the execution of an agreement for the provision property. of water provided there is proof of an easement to Mr. Brown's Vote Vote Vote Vote Vote of of of of of Town Town Town Town Town Board . . Board . . Board . . Board . . Board . . . . . (Aye) . . . (Aye) . . . (Aye) . . . (Aye) . . . (Aye) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman. Louis Emmick, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor Howard Groat asked the Town Board for permission to bid the pipe for the water line to the Highway Garage. The Board decided he should contact Mr. Terpening to see if he would be interested in paying for the difference between a 6" pipe and a 8" pipe as this would increase the value of his land which meets the town property. Mr. Groat and the Town Board will meet at 8:00 A.M. at the Highway Garage on November 20, 1988 for the annual tour of the Town. RESOLUTION offered by Mr. Cleveland, who moved its adoption, seconded by Mr. Beckwith: RESOLVED that the Resolution in regard to the Proposed Lansing Water District No. 9 be amended and readvertised in it's correct form. 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) Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Louis Emmick, Councilman Larry Tvaroha, Councilman n) Jeannine Kirby, Supervisor Copy of said Resolution attached hereto and made a part thereof. Town Board members discussed the proposed 1989 Town Budgets and the following Resolutions were made: RESOLUTION ADOPTING GENERAL.FUND BUDGET offered by Mr. Emmick, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED, that this Town Board does hereby adopt such General Fund Pre- liminary Budget as originally compiled as the annual budget of this Town for the fiscal year beginning January 1, 1.989, and that such budget as so adopted be entered in detail in the minutes of the preceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk of this Town sh&ll prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board, together with the estimates, if any pursuant to Section 202 -a, subd. 2 of the Town Law and deliver one copy thereof to the Supervisorco•f this Town to be presented by her to the Board of Representatives of this County. Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING HIGHWAY FUND BUDGET offered by Mr. Beckwith, who moved its adoption, seconded by Mr. Cleveland: C continued November 16, 1988 RESOLVED, that this Town Board does hereby adopt such Highway Fund Preliminary Budget as originally compiled, as the annual budget of this Town for the fiscal year beginning on the 1st day of January, 1989, and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board, together with estimates, if any, adopted pursuant to Section 202 -a, subd. 2, of the Town Law and deliver one copy thereof to the Supervisor of this Town to be presented by her to the Board of Representatives of this County. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board .. (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING McKINNEY WATER DISTRICT BUDGET, offered by Mr. Cleveland, who moved its adoption, seconded by Mr. Emmick: RESOLVED that the McKinney Water District budget for the year 1989 in the amount of $1,069.00 be and the same hereby is adopted and approved and the tax rate for said budget is $ .7658 per thousand of assessed valuation is hereby adopted and approved. Vote of Town Board (Aye) Hereert Beckwith, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Louis Emmick, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board . . (Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING LUDLOWVILLE LIGHT DISTRICT BUDGET, offered by Mr. Beckwith, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED, that the Ludlowville Light District budget for the year 1989 in the amount of $ 1,300.00 be and the same hereby is adopted and approved and the tax rate for said budget is $ .6805 per thousand of assessed valuation is hereby adopted and approved. Vote of Town Board . . .(Aye) Herbert Beckwith, Councilman Vote of Town Board . . .(Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . .(Aye) Louis Emmick, Councilman Vote of Town Board . . .(Aye) Larry Tvaroha, Councilman Vote of Town Board . . .(Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING THE WARREN ROAD BUSINESS PARK LIGHTING DISTRICT BUDGET offered by Mr. Emmick, who moved its adoption, seconded by Mr. Beckwith: RESOLVED, that the Warren Road Business Park Lighting District budget for the year 1989 in the amount of $ 3,791.00 be and the same is hereby adopted and approved. Vote of Town Board . (Aye) Herbert Beckwith, Councilman Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . (Aye) Louis Emmick, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman RESOLUTION offered by Mr. Tvaroha, who moved its adoption, seconded by Mr. Cleveland: WHEREAS, the Tompkins County Division of Assessment filed as Assessment Roll for the Town of Lansing.Water District No. 2 on and before September 15, 1988, and WHEREAS, after proper notice a Public_ Hearing was held on November 2, 1988, and all persons desiring to be heard, having been heard and no one appearing objecting to said Water Distric No. 2 Assessment Roll, now therefore be it RESOLVED, that the Assessment Roll as prepared be filed for Lansing Water District No. 2 and the same is hereby approved, affirmed and adopted pursuant to Section 239 of the Town Law for the year 1989, and be it further RESOLVED, that the formula used for the basis of extending the Assessment Roll for Lansing Water District No. 2 for the year 1989 be: Unit Charge: 161.81 per living unit or equivalent where water is considered available, and the same is hereby affirmed and adopted by the Town Board. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Louis Emmick, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Cleveland, who moved its adoption, seconded by Mr. Emmick: November lb, 1988 continued WHEREAS, after proper notice a Public Hearing was held on November 2, 1988, and all persons desiring to be heard, having been heard and no one appearing objecting to said Sewer District No. 2 Assessment Roll, now therefore be it RESOLVED, tiha.t the Assessment Roll as prepared be filed for Lansing Sewer District No. 2 and the same is approved, affirmed and adopted pursuant to Section 239 of the Town law for the year 1989, and be it further RESOLVED, that the formula used for the basis of extending the Assessment Roll for Lansing Sewer District No. 2 for the year 1989 be: Assessed Valuation Charge: $ .2430 per thousand on land and buildings. Unit Charge: $ 11.91 per unit or equivalent where sewer is considered available, and the same is hereby affirmed and adopted by the Town Board. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Louis Emmick, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by Mr. Emmick: RESOLVED that the Bookkeeper is hereby authorized to transfer $ 11,000400 from Highway Fund DA5120.400 (Bridges - Contr.) to DA5130.400 (Machinery - Contr.) Vote of Town Board . .(Aye) Herbert Beckwith, Councilman Vote of Town Board . .(Aye) Jeffrey Cleveland, Councilman Vote of Town Board . .(Aye) Louis Emmick, Councilman Vote of Town Board . .(Aye) Larry Tvaroha, Councilman Vote of Town Board.. .(Aye) Jeannine Kirby, Supervisor Mrs. Kirby stated that the Town Historian would like to place a historic marker at the " old " Asbury church. The Board decided this was agreeable if the present owners agreed. RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by Mr. Emmick: RESOLVED that the written Application submitted by the N.Y. State Electric & Gas Corp. for lighting the streets and public places of the Warren Road Business Park District, Town of Lansing be, and the same hereby is, approved, and a majority of members elected to this Board be, and they are hereby authorized and directed to direct and execute the same in the name and in behalf of the Town of Lansing, Warren Road Business Park Lighting District. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Louis Emmick, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Cleveland, who moved its adoption, seconded by Mr. Tvaroha: RESOLVED that the written Application submitted by the N.Y.S. Electric and Gas Corp. for the .Horizon's Estate for lighting the streets and public places of the Horizon's Estates Lighting District Town of Lansing, be and the same hereby is approved, and a majority of members elected to this Board be, and they are hereby authorized and directed to execute the same in the name and in behalf of the Town of Lansing, Horizon's Estates Lighting District. Vote of Town Board . (Aye) Herbert Beckwith, Councilman Vote of Town Board , (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . (Aye) Louis Emmick,Councilman Vote of Town Board , (Aye) Larry Tvaroha, Councilman Vote of Town Board , (Aye) Jeannine Kirby, Supervisor The Board members discussed a letter they received from Sailing Adventures asking permission to run their business in the Town Park in Myers. After some discussion, the board decided against this. Mrs. Kirby will send a letter in regard to this. Mrs. Kirby stated that Conrail has filed an objection in regard to their equalization rate. A copy of the Minutes of November 2, 1988, having been furnished to the board members beforehand, the Supervisor asked for a motion to propose corrections or to accept same as submitted. continued November 16, 1988 RESOLUTION offered by Mr. Erimick, who moved its adoption, seconded by Mr. Beckwith: RESOLVED that the minutes as submitted by the clerk are hereby approved. Carried. AUDIT RESOLUTION offered by Mr. Tvaroha, who moved its adoption, seconded by Mr. Emmick: RESOLVED that General Fund Bills # 687 through # 765 totalling $ 32,078.40 and Highway Fund Bills # 403 through # 436 totalling $ 64,314.12 are hereby approved for payment. Vote of Town Board . . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Supervisor • Mr. Thaler stated that he would draw up a contract between the Town and Lorraine Bard for her services as dog warden for the year 1989. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Beckwith: RESOLVED that Connie Conlon be appointed to serve the unexpired term of Gary Argetsinger on the Lansing Housing Authorty effective immediately and expiring July 11, 19920 Carried. After a long discussion concerning the Annex it was decided that the WIC program would be allowed to continue through 1989 at a $ 10.00 per use charge. The Insurance aspect of this will be discussed with Bob Briggs and a meeting will be held to reorganize the fee schedule and any other, matters that may come up concerning the Annex. The Town Board decided that the Regular December Meeting would be held on December 7, 1988 and the final audit meeting will be held on December 28th. RESOLUTION offered by Mr. Beckwith, who moved its adoption,seconded by Mr. Tvaroha: RESOLVED, that the Town of Arrowood Lane ( .04 miles ) and ( .09 miles). Vote of Town Board'. . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Lansing hereby accepts the first phase of the second phase of Whispering Pines Drive. (Aye) Herbert Beckwith, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Louis Emmick, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor The possibility of the Town owning the State Land in Myers was discussed and Mrs. Kirby was authorized to write a letter to the State to make an application stating that if and when they are ever interested in abandoning it, the Town would be interested in purchasing it for the price of $1.00. Carried. On motion, meeting adjourned at the call of the Supervisor. .tit � 1'.l e ORDER AND RESOLUTiO,N OF THE TOWN BOARD, TOWN OF LANSING ESTABLISHING WATER DISTRICT NO. 9 At a meeting of the` Town Board of the Town of Lansing; held at the Lansing Town HallI on November 2, 1988 at 8:00P. m. Present: Jeanine Kirby, Super- visor; Louis Emmick, Coun- cilman; Jeffrey Cleveland, Councilman; Larry Tvaroho, Councilman; Her Beck -, with, Councilman. In the matter of the establish- ment of Lansing Water District` No. 9, Town of Lansing, Coun -; ty of Tompkins, State of New' York, pursuant to Article 12 -Ai of the Town Low. WHEREAS, a map, plan and, report have been prepared in such monner and in such de- tail as has heretofore been; determined by the Town Board of the Town of Lansing, relating to the estabhshmentl of a roposed water district ini the Town; and WHEREAS, such map, ptanl and report have been dulyy filed in the Town Clerk's Of- fice in said Town; and WHEREAS, said map, plan and report was prepared by T.G. Miller & Associates, P.C., Engi- neers and Surveyors, Ithaca, New York, who are duly li censed by the State of New York, which. showed the' boundaries of the proposed district, a general plan of the I water system and a report of the proposed improvements; the estimated expense of these improvements, the pro- posed method, of financing, which map, plan and report are on file in:the Town Clerk's! Office' for public inspection, I and all other matters required9 by law to be'stated; and WHEREAS, the map shows the' proposed water district, water mains, fire hydrants and other related and necessary appur- tenances; and WHEREAS, tan Order was passed on--October 19, 1988, i designating November 2, 1988 at 8:00p.m. at the Towni Hall in Lansing, New York, to consider the plan,' map and report and to hear all persons interested in this matter and to take action as required byi law; avid WHEREAS, the said Order was'; published and posted as re-, quired by law; and WHEREAS, a public hearing on the molter was held by the Town Board on November 2, i 1988, at the Lansing Town Hall as aforesaid, at 8:00p. m. and the matter was fully discussed and all interested parties and j persons were heard. Upon the evidence given of the hearing and upon a mo- I tion duly made by Coun- cilman Emmick, seconded by Councilman Beckwith, the fol- lowing resolution was unani- mously adopted. It is hereby determined that: (a) The notice of hearing was published and posted as re- quired by law, and it is other- wise sufficient. (b) All the property and prop- erty owners within the pro -' posed district are benefited thereby. (c) All the property and prop- erty owners benefited are in- I eluded "within the limits of the proposed district. (d) The establishment of this district is in the public interest. It is further determined and resolved tho' the district as set forth in the map, plan and re- port be approved, that the re- quested improvement be con- structed and that the necessary easements and lands be acquired upon the required funds being made available and provided for. It is further resolved that this district shall be known as the Water District 9 in the Town of Lansing and shall be bounded and described as follows:__ t LANSING (T) WATER DISTRICT t NO. 9 All that tract or parcel of land situate in the Town of tonsfng, County of Tompkins, State of New York being descrlbe8,as follows: Beginning at a point in ',the north boundary of Lansing (T) Water District No. 5, and at the southwest_ corner of tax parcel 39 -1 -50; Thence, along 'the boundary of tax parcel 39 -1 -50; east 1223 feet; north 108 feet, east 1200 feet; north 528 feet; west 548.6 feet; north 550.5 feet to a northeast corner thereof and at a point in the south bound- ary of tax parcel 39- 1- 38.Q,1,' Thence, west along the south boundary of tax parcel �9 -1- 38.2 a distance of 656.4 feet, , more or less to a point 70 fget, more or less south of''the southeast corner of tax parcel 39 -2- 38.15; Thence, north a distance of 70. feet, more or less to the south- east corner of 'tax parcel 39 -1-- 38.15 and continuing no along the east boundaries of tax parcels 39 -1 -38.15 and 38.14 a further distonce,of 510 1 feet, more or less to the north- east corner of fox parcel 3911- 38.14; Thence, west 135 feet, north 60 feet west 60 feet to a point in the east boundary of tax porcet 39 -1 -38.7; Thence, north along the east" boundary of tax parcel 39 -1- , i38.7 a distance of 180 feet,, more or less to the, northeast corner thereof, and at a point in the •south boundary of fox parcel 39 -1 -20.4; ;Thence, easterly along the j south boundaries of tax par- ( eels 39 -f -20.4, 20.62, 20.64, 20.61 and 20.63 a distance of 1650 feet, more or less to the I southeast corner of tax parcel 39- 1-20.63; Thence, northerly along the east boundary of tax Parcel 39 -1- 20.63; a distance of 638 feet to a point 182 feet soulk:' Of the south line of Farrell Road; Thence, easterly parallel to i the south line of Farrell Road 1 and 182 feet south there from a distance of 452 feet, more of less to the southwest corner of +I tax parcel 39-1-15; Thence, east 208 feet and north 182 feet along the south and east boundaries of tax pgrcel 39 -1 -15 to the south j line of Farrell Road; Thence, east along the south line of Farrell Road a distance of 220 feet, more of less to a i point'.opposite and 50 feet south'of the southwest corner ; of tax parcel 39- 14; ( i Thence, :north a di�tonce of M 1000 feet more or less.to the norfheas9corner of tax parcel 39 -1 -38.2 and at a point in the south bou�dory of tax parcel, 39 -1'7; Thence, west. along the south boundaries of.tox parcels 39- 1 -7, 5.1 a distance of 2,700 feet, more or less;lo the south j east corner of f6x parcel 39-1 - 2.2; Thence, northerly'glong the easterly boundary 6f tax par - cel 39- 1 -2.2, 2.8,,2.6;''2 7, 2.9 to the southeast corner, of tax parcel 39- 1 -1.1; f is Thence westerly `along the south boundary, of `tax parcel 39 -1.1 to a point in said south boundary being a distance of 325 feet from the centerline of 'Warren Road. Thence, north parallel fo:'the (centerline of Warren kood and 325 feet east therefrom a distance fof 475 feet, more or less to the south line of Asbury Road; Thence, west along the south line of Asbury Rood a distance of 425 feet, more or less to the west line of Warren Road. Thence, northerly along the i east boundary of tax parcel 38 -1 -25.2 a distance of 250 feet, more or less, to a point, being the northeast corner of said parcel; Thence, westerly along the north boundary of tax parcel's, 38 -1 -25.2; 25.1 and 25.9 to the east line of Benson Rood; Thence, west on the proton- ; gation'•of 41he north boundary of tax parcel 38 --1 -25.9 a dis- tance of 450 feet, more or less, to a point; Thence, southerly a distance of.550 feet to a point 300 feet south of the south line of As- bury Road; Thence, easterly parallel . to the centerline`of Asbury Road and 325 feet south therefrom Ito a point being 325 feet west 'of the centerline of Warren 'Rood; -- - - (hence, south parallel to the : enterline of Warren Road and 325 feet west thereform a iistance of 300 feet, more or es$ to the westerly proton - g0tion of the north line of tax aarcel 40 -3 -3; Thence, east a distance of 117 feet, more or less to the north- west corner of tax parcel-39-1- (Thence, south along the west boundaries of tax parcels 40- i 3 -3, 41 5, 6, 7, Be 9, 101 11, 12 and 13 a total distance of 1441' feet, more or less to the south- west corner of tax parcel 40 -3- 113; (Thence „continuing south par - allel with Warren Road a dis- Lance of 410 feet, more or less i, to the northwest corner of tax j parcel 41 -2 -4; Thence, south along the west boundary of parcel 41 -2 -4 a distance of 1125 feet to the southwest corner thereof-and at a point in the north line of tax parcel 41 -2 -5; Thence, west on the north boundary of tax parcel 41 -2 -5 a distance of 117 feet, more or Iless to a point located 300 feet ;west of the center of Warren (Thence, south parallel to the ;center of Warren Road and 300 feet west therefrom, a dis- tance of 2500 feet, more or 4 less to a point in the south I boundary of tax parcel 44 -1 -4; Thence, southwesterly a'dis- lance of 260 feet, more or less to the northeast corner of fox parcel 44 -1 -5.1 Thence, southeasterly along the east boundary of tax par- cel 44- 1 -5.1, a distance of 450 feet, more or less to the south- east corner thereof and at o point in the north boundary of parcel 44 -1 -20.2; (Thence, west along the north boundary of parcel 44 -1 -20.2 !and crossing Hillcrest Road a total distance of 200 feet, I more or less to the northwest learner thereof and the lands i of Tompkins County and the boundary of Lansing (T) Water (District No. 5; (Thence, south, east, south and northerly along the northerly boundary of'Lansing (T) Water District No. 5 to the point or place of beginning. and in- cluding the following tax par - ,cell 44 -1 -20.2, 19, 14, 15 and 116; 'The above described parcel ;containing an area of 310 acres, more or less. It is further resolved that the proposed improvement, in- i'cluding construction costs, cost of acquisition of lands and I easements, legal and engi- neering fees and all other ex- penses, be financed by the is- suance of serial bonds of the Town of Lansing to mature in a j number of annual instal - Iments not exceeding twenty i (20) years as may pe deter - mined by the Town Board, the cost of constructing Water Dis- trict 9 to be assessed by the Town Board in as close a pro - I portion to the benefit to which )each lot or parcel which de- rive from the improvement as is possible. It is further resolved that this resolution is subject to permis- sive referendum as provided in Town Low, Section 209 -E in the manner provided in Arti- cle 7 of the Towh Law. It is further resolved that es- roblishment of Water District 9 is subject to approval by the New York State Department of Audit and Control. 'STATE OF NEW YORK ss: COUNTY OF TOMPKINS s I, BONITA BOLES, Town Clerk of the Town of Lansing, Tomp- kins County, New York,., do hereby certify that I have com- pared the proceeding resolu- tion with the original thereof filed in my office in the Town Hall, Town of Lansing, Tomp- kins County, New York, and that the some is a true and correct copy of said original ' "and the whole thereof. Il,further certify that all mem- , bers of the Town Board had due notice of the meeting at which said resolution was adopted. In testimony whereof, I have hereunto set my hand and af- fix the seal of the Town this 9th day of November, 1988. BONITA BOLES, Town Clerk Town of Lansing Tompkins County, New York November 17, 1988 D r` J F-9 Ell