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HomeMy WebLinkAbout1994-11-1614 November 16, 1994 The Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL Supervisor Pete Present Totman, David Councilman Pam Present Joel Councilman Mrs. Present Campbell, Councilman Trotter, Present LaVigne (9 :30 p.m.) Councilman Present five (5) Town Clerk George Present Town Attorney The Present called the VISITORS: Pete Larson, George Totman, David Herrick, Pam Stonebreaker, Joel Tallmadge, Mrs. Juracka, Fred Campbell, Eric Trotter, Richard Thaler, Andy LaVigne (9 :30 p.m.) Chuck Guttman, and about five (5) other Bill George residents. The Supervisor called the meeting to order and had the clerk take the Roll Call. The Notice of the Public Hearing on the Town of Lansing Special Districts proposed budget for the year 1995 having been advertised, the Public Hearing was called to order at 7 :00 p.m. All persons desiring to be heard, having been heard and no one voicing any objection, the Public Hearing was terminated at 7:04 p.m. RESOLUTION offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Town Board of the Town of Lansing has prepared the Assessment Rolls of parcels of land included in Lansing Water District No. 2, No. 3, No. 8, No. 9, No. 10, No. 13, No. 14 and No. 15 and Lansing Sewer District No. 2 and Lansing Light Districts No. 1, No. 2 and No. 3 and has apportioned and assessed such parcels of land in proportion in the amount of benefits the improvements shall confer upon the same the cost chargeable to said District in connection with the construction of public water, sewer and lighting systems therein which are payable in the year 1995 and therefore, pursuant to Section 239 of the Town Law, the Town of Lansing does hereby approve said Special Districts proposed budget for the year 1995. 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 Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor Pam Stonebreaker, a representative from the S.P.C.A. approached the Board with the dog control reports for the years 1992 through October of 1994. She stated that the Town's of Dryden and Danby are now on five year contracts and the rest of the Town's, other than Lansing are on single year contracts. She noted that Lansing's does not come up for renewal until December of 1995. She thanked the Board for their time and stated that if there were ever any questions, to call her. Mr. Larson reported on the following: 16 Orchard has about two (2) days left of clean -up on Crooked Hill Road. The upper part has been seeded but Mr. Larson was not sure it would take. If it does not, it is guaranteed and would be reseeded in the Spring. The guide rails are scheduled to be put in place on December 12, 1994 and the road would then be reopened. At this time it looks like it will be opened in mid December unless the County can install the guide rails sooner. 2. Mr. Larson and Steve Colt have met with the D.E.C. trying to get some emergency help where about 195 foot length of shore being i� • continued November 16, 1994 washed out in the Lansing Park. They have NOT been successful in receiving the necessary permits required. The D.E.C. wants the Town to go through the whole procedure. Mr. Larson stated that the Town will need to obtain the necessary permits as soon as possible. Mr. Larson also checked with the Army Corp of Engineers and they would not authorize the emergency permits either. 3. Mr. Beckwith informed Mr. Larson that Milliken Station now has full time guards on where the fishermen tend to park. 4. Lansing, -Dryden and Tompkins County have ironed out a joint purchase of f-a Shoulder Machine. The Board will look over the agreement and-hopefully pass a resolution to accept it at the next meeting. 50 The County is talking about closing the recycling center at the Highway Department. The Town Board stated that they did NOT want to see-this facility closed. It was the consensus of the Board to talk to Tom Todd regarding-this issue to see what the Town's options may be. Mr. Tallmadge of 871 Warren Drive approached the Board with concerns- regarding his land on Warren Road. He gave a lengthy presentation-and asked the Board for some help. His property was split by the new Warren Road and he stated that he now cannot sell it and would -1-ike- -the Town to abandon the old portion of Warren Road. He stated that he has tried to contact Mr. Tom LaVigne at Cornell Real Estate Department to try to make a deal with them but that Mr. LaVigne has not returned any of his phone - .calls. After a - lot - of di-s-cussion, it was the consensus of the Board to have Mr. Tallmadge write a letter to Cornell University explaining his problem and Mrs. Kirby would look it over and write a letter to Cornell supporting-his request. Proof of--Notice having been furnished, the bids for Deicing Salt for the Lansing Highway Department were opened and the bids were as follows: Akzo Nobel Salt Inc. P.O. %Box 352 - - - Clarks Summit, Pa. 18411 - Truck Delivery Minimum - truckload - 20 Tons Pi=ckup at our Retsof, N.Y. Mine Minimum pickup - 5 Tons Cargill- Salt 191 Portland Point Road Lansing,- N.Y. 14882 $ 40.28 per ton $ 41.00 per ton Bulk Rock - delivered $ 25.24/Ton Bulk Rock - picked up: $ 22.24/Ton Mixing Salt - delivered: $ 20.24 /Ton Mixing Sal- picked up. Salt $ 17.24 /Ton The Bill George residents approached the Board regarding the future of-their Road. The Town stated they would like to obtain a 36 foot right -of -way, rebuild the road and place guide rails where necessary. Some of the concerns of the residents were the following: 1. Did not want their flower gardens and /or trees disrupted or-removed. 2.0 -Did not-want to see 3. Did not want Mr. removed. guide rails. Cook's parking place disrupted or 4. They did not want the elevation of the road or driveways to change. 5. They did not want the road rebuilt but only repaired and 14� 148 continued November 16, 1994 maintained by the Town. 69 They were worried about their culvert pipes and who would pay for them if they were replaced. After a lengthy discussion it was the consensus of the Board to discuss having the Town repair the road and maintain it without any interruptions to the surrounding land except maybe placing guide rails near Mrs. Juracka's. The buses using this road were a big concern to the Board. Mrs. Kirby will contact Andrea Price, School Superintendent, regarding this. After all this takes place, Mrs. Kirby will write a letter and send it to all Bill George residents for their input. Mr. John would not recommend this procedure. Mr. Tatman gave his monthly report and reported the following: He stated that he has interviewed people for his part -time secretary and with the Boards approval would be hiring a woman on Monday who is not a Lansing resident. This person will be working an average of sixteen (16) hours per week. The County has appointed a Rural Affairs Committee who will be holding public informational meetings in different Towns. A fifty one (51) lot subdivision has been proposed to the Planning Board. This is proposed for John Horky's land on Hillcrest Road. This will be in three phases and have three new roads. RESOLUTION offered by Mr. Beckwith and seconded by Mr. Cleveland, RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 10:21 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 11:22 p.m. Carried. RESOLUTION offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, tl directed to make Budget. Budget Item # in the amount of Budget. Lat the bookkeeper is hereby authorized and the following Budget Modification to the 1.995 A4540.400 (Ambulance Fund), Line Item # A4540.4 $ 130,000.00 is to be removed form the 1995 Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board RESOLUTION offered Cleveland: . (Aye) . (Aye) . (Aye) . (Aye) (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor by Mr. Beckwith and seconded by Mr. RESOLVED, that the Supervisor, Jeannine Kirby and the Deputy Supervisor and Bookkeeper, Sharon Bowman, are hereby authorized to use the new service provided by the Tompkins County Trust Company entitled " Anytime Access" on all Town Account's except the Town Clerk's checking account number 07- 201 - 003 -007 and Tax Collector's checking account number 01- 101 - 082452. Vote of Town Board 0 . (Aye) Herbert Beckwith, Councilman • continued November 16, 1994 Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor Mrs. Kirby stated that she had a conversation with Stewart Messinger from the L.A. Group and that the Town Board should be seriously thinking of things that they should be asking them for. Mr. John felt we should start making inquires to the D.E.C. regarding sewer now as the process could be rejected or slowed up by them. BOARD RESOLUTION OF TOWN BOARD FOR PERMANENT FINANCING OF THE CONSTRUCTION OF LANSING WATER DISTRICT NO. 18 At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 16th day of November, 1994, at 7:00 o'clock P.M. PRESENT: Jeannine Kirby, Supervisor Herbert Beckwith, Councilman Jeffrey Cleveland, Councilman Paul Butler, Councilman Larry Tvaroha, Councilman The following resolution was offered by Councilman Herb Beckwith, who-moved its adoption, seconded by Councilman Paul Butler, to wit: Bond Resolution dated November 16, 1994. A resolution authorizing the issuance of $245,000 serial bonds of the Town of Lansing, New York,- for the construction of approximately 4,800 feet of- 8" diameter ductile iron water mains together with a polyethylene casing, valves, fire hydrants, water services to street right -of -ways and other related and necessary appurtenances in and for the Lansing Water District 18 of the Town of Lansing, Tompkins, New York at a maximum estimated cost of $245,000. WHEREAS, after a public hearing had been duly called, held and conducted on the 11th day of May, 1994, and continued on the 18th and-26th days of May, 1994, and the Town Board of the Town of Lansing adopted a resolution on the 26th day .of May, 1994, authorizing and approving the establishment of Water District No. 18-1or• the Town of Lansing and the construction of said water district improvements -therein,.and .- WHEREAS, pursuant to proceedings heretofore had and taken in accordance`with the provisions -of Article 12 -A of the Town Law of the-State of New York and more particularly in an Order dated May 26; 1994, the Town of Lansing, Tompkins County, New York has established- Lansing Water District No-. 18 of the Town of Lansing, and WHEREAS, the New York State Department of Economic Development has reserved lending authority for $245,000 in serial bonds to finance--the installation and construction of Water District 18, and WHEREAS, it is now desired $245,000 in serial bonds to pay construction of Water District Order of the Town Board, and-- to provide for the issuance of the cost of the installation and 18 in said Town pursuant to the WHEREAS, the Town and the property owners within Water District 18-have entered into and Inducement Agreement, executed by all parties, for the purpose of establishing the terms of financing and repaying a private activity bond of the Town of Lansing, which will-be used to fund the installation and construction of Water District 18, and 149 I 0 () continued, November 16, 1994 WHEREAS, all conditions precedent to the financing of the capitol project described in the Town Board Order of May 26, 1994 including compliance with the State Environmental Quality Review Act have been performed, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lansing, Tompkins County, New York, as follows. Section 1. For the purpose of paying the cost of the construction of said improvements as discussed in the aforesaid proceedings of Lansing Water District No. 18 in and for the.Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued, pursuant to the Local Finance Law, serial bonds of the Town of Lansing, Tompkins County, New York, in the principal amount of $ 245,000.000 Section 2. The estimated maximum cost of such object or purpose is $245,000. The plan of financing the same consists of the issuance of said serial bonds. Section 3. All other matters except as provided herein relating to such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 1.00 of the Local Finance Law, as the Supervisor shall determine. Section 4. It is hereby determined that subdivision 1 of paragraph a. of Section 11.00 of the Local Finance Law applies to the specific object or purpose of the construction of a water supply system, and that the period of usefulness thereof is 40 years computed from the date of the issuance of the first serial bond or the first bond anticipation note issued therefore. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years, but shall not exceed 20 years. Section 5. The full faith and credit of the Town of Lansing, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land in said Lansing Water District No. 18 especially benefitted by said improvements in conformity with the Inducement agreement entered into by the property owners with Water District 18, and such assessment and apportionment is in proportion to the amount of benefit which said improvements shall confer upon the same, and in the manner provided in Section 202 -a of the Town Law for the assessment of the cost of maintenance in a water district, and amount sufficient to pay the principal and interest of said bonds as the same becomes due. In the event that the annual collection of such assessments shall be less than the amount required to pay the principal and interest of said bonds as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obligated to see to the application of the purchase money. continued November 16, 1994 Section 7. The validity of such bonds or any bond anticipation note or notes issued thereon in anticipation of the sale of said bonds pursuant to this bond resolution may be contested only if such obligations were authorized for an object or purpose for which the Town of Lansing, Tompkins County, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication or such obligations were authorized in violation of the provisions of the Constitution. Section 8. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, • which is. hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in the forms provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Jeannine Kirby Herbert Beckwi Jeffrey Clevel Paul Butler vc Larry Tvaroha. voting aye th voting aye and voting aye ting aye voting aye The resolution was thereon declared duly adopted. A copy of the Minutes of July 20th, September 21st, October 5th, October 12th, October 19th, October 26th, November 2nd and November 9, 1994, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept them as submitted. RESOLUTION,. offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the minutes as stated above are hereby approved as submitted. Carried. AUDIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills with the exception of General Fund bill # 802 in the amount of $ 720.00 to the Lansing Central School as this was for services that have not yet been rendered: General Fund 718 - 809 $ 34,685.78 Highway Fund 387 - 421 $ 18,766.40 Lans. Wr. Dists. 40 - 41 $ 2,234.34 McKinney's 7 $ 530.68 Agency & Trust 103 $ 11000000 Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . : . (Aye) Larry Tvaroha, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the bookkeeper is hereby authorized to make the following Budget Modification: 15? continued November 16, 1994 Transfer of Funds: DA - Highway Amount: $ 51000900 From: DA5140.100 Misc. (Brush) Personal Services To. DA5130.400 Machinery - Contractual Expense For. Repair of Machinery Vote of Town Board . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Butler and seconded by Mr. Beckwith: BE IT RESOLVED, that the Lansing Town Board has set the 21st day of December, 1994 at 7:00 p.m. as the date for a Public Hearing to be held at the Lansing Town Hall to consider the amendment to Local Ordinance Na 5 of 1966 as amended, amending the same to provide for changes on tax forgiveness for the elderly. The schedule being as follows: ANNUAL INCOME OF OWNER OR PERCENTAGE ASSESSED COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to $ 17,500.00 50% $ 17,501.00 to $ 18,499.99 45% $ 18,500.00 to $ 19.499.99 40% $ 19,500.00 to $ 20,499.99 35% $ 20,500.00 to $ 21,399.99 30% $ 21,400.00 to $ 22,229.99 25% $ 22,300.00 to $ 23,199699 20% $ 23,200.00 to $ 24,099099 15% $ 24,100.00 to $ 24,999499 10% Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor Mrs. Kirby stated that Mr. Herrick has asked for approval to repair Dug Road Bridge where a pipe has a leak in it at a cost of 51000.00 to $ 6,000.00. The Town felt they should get a second quote on this before approval. On motion, meeting adjourned at the call of the Supervisor at 11:48 p.m.