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HomeMy WebLinkAbout1994-12-211�,u December 21, 1994 The Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Present Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL Supervisor Present This Ordinance Councilman Section 467 of the real Present of the State of New York Councilman Chapters 588 and 287 of the Present Councilman Present Councilman Present Town Clerk Present Town Attorney Present VISITORS: George Totman, Pete Larson, Linda Beckwith, Gay Nicholson and four other Lansing residents. (Andy LaVigne - 8:40 p.m.) The Supervisor called the meeting to order and had the clerk take the Roll Call. Proof of Notice having been furnished by the Town Clerk, the Public Hearing on proposed Lansing Ordinance No. 43 for the year 1994, the Public Hearing was called to order at 7:00 p.m. No one appeared voicing any objections, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7 :05 p.m. RESOLUTION offered by Mr. Butler and seconded by Mr. Tvaroha: RESOLVED, that the Ordinance of the Town of Lansing known as Ordinance No. 5 entitled 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, which Ordinance was adopted on August 9, 1966 and thereafter amended on November 30, 1970, March 11, 1975, February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1983, March 13, 1984, February 11, 1987, August 15, 1990, January 30, 1991, December 8, 1993, and October 12, 1994 is hereby further amended: SECTION 1. The provision of the Ordinance of the Town of Lansing adopted August 9, 1966, as amended from time to time, is hereby further 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 Chapters 588 and 287 of the Laws of 1989. Section 2. Pursuant to the provisions of Section 467 of the Real Property 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 owners. A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes 65 years of age after the appropriate taxable status date and before December 31 of the same year. ANNUAL INCOME OF OWNER OR PERCENTAGE ASSESSED COMBINED ANNUAL INCOME VALUATION EXEMPT FROM OF OWNERS TAXATION ---------------------------------- ------------------------ - - - - - -- Up to $ 171500.00 50% $ 17,501.00 to $ 18.499.99 45% $ 18,500.00 to $ 19,499.99 400 C7 0 15 7 continued December 21, 1994 $ 19,500.00 to $ 20,499.99 35% $ 20,500.00 to $ 21,399.99 30% $ 21,400.00 to $ 22,299.99 25% $ 22,300.00 to $ 23,199099 20% $ 23,200.00 to $ 24,099099 15% $ 24,100600 to $ 24,999.99 10% • 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 Ordinance 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 for in this Ordinance. Section 3. Application for such exemption must be made by the owner of the property on forms prescribed by the State Board to be furnished by the Tompkins 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 disqualify the applicant or applicants from further exemption for a period of five (5) years. Section 5. This Ordinance shall, in accordance with the provisions of Section 2 of Chapter 588 of the laws of 1989, be applicable to the town tax for the year 1995; and the provisions 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 posted filed with the Town Clerk. 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 Gay Nicholson informed the Board that she had received the Grant monies for the Trail Ways. She was informed NOT to spend any of the money until the Town Attorney has reviewed the whole grant and gives his approval. Ms. Nicholson also discussed the matter of burn barrels. She stated -that- the EMC committee will be putting together public education campaigns regarding this issue. They are also developing a brochure on this subject. She thanked the Board for allowing her to place-the article regarding burning in the Town Newsletter. She stated that she will deliver brochures made up by the EMC A J 8 continued December 21, 1994 Committee to Ludlowville and Myers and leave some at the Town Hall for anyone interested. It was the consensus of the Board that it would be better to educate people on what to burn than to eliminate burning all together. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: BE IT RESOLVED, that the Town hereby accepts an extension of a road designated as Pinney Lane as shown on a map made by Robert S. Russler Jr., dated July 28, 1992 entitled "Map of Survey Final Subdivision Plan for Richard A. and Florence Pinney ", subject to the provisions for a three year guarantee commencing September 9, 1993 of workmanship and materials in said roads. • 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. Beckwith and seconded by Mr. Tvaroha: BE IT RESOLVED, that the Town hereby accepts an extension of a road designated as Laura Lane as described in a Deed to the Town of Lansing from Alex Cima Jr., recorded in the Tompkins County Clerk's office on September 22, 1988 at Liber 640 of Deeds at Page 395, and as shown on a map of lands of Alex Cima Jr., made by T.G. Miller Associate, P.C., entitled " Final Subdivision Plat Lots 9 - 12, 14 - 16, 26 - 28, 29 - 34 The Horizons - Horizon, Alessandro, Rosina Drives, Leslie Lane, Town of Lansing, Tompkins County, New York" dated August 12, 1985 and filed in the Tompkins County Clerk's Office in file drawer 98. 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 Mr. Larson stated that he will be putting the-following Notice in the Ithaca Journal: NOTICE TO BIDDERS Mr. Larson stated was budgeted for is $ He also stated that th 9,600.00. Mr. Larson stated graded and paved at a that 12,90 e staff that later the state bid on the Pick -up 0.00 and he will be placing :e bid for the same truck in Crooked Hill is now open and date. Truck that his order. • 1993 was $ it will be After The Town of Lansing Highway Department will receive sealed bids at the Office of the Town Clerk, Lansing Town Hall, 29 Auburn Road, Lansing, N.Y. for one new unused rubber tire excavator. Said bids will be opened on January 18, 1995 at the regular meeting of the Town Board, Lansing Town Hall at 8:00 p.m. Specifications may be obtained at the Office of the Town Highway Superintendent, 10 Town Barn Road, Lansing, N.Y. The right to reject all bids is expressly reserved. Mr. Larson stated was budgeted for is $ He also stated that th 9,600.00. Mr. Larson stated graded and paved at a that 12,90 e staff that later the state bid on the Pick -up 0.00 and he will be placing :e bid for the same truck in Crooked Hill is now open and date. Truck that his order. • 1993 was $ it will be After some discussion regarding the Myers Road Bridge, the foll.owing resolution was duly made and unanimously passed: WHEREAS, the County is the owner of a bridge located in the Town of Lansing on Myers Road and crossing Salmon Creek, and • continued December 21, 1994 WHEREAS, the County closed the bridge on or about June 1, 1992, as a result of an inspection .V- Vote showing that the bridge was structurally unsafe, and (Aye) Paul Butler, Councilman WHEREAS, since closing the bridge, the County has determined in allocating priorities for the County budget, that it has insufficient funds to repair or replace the Myers Road bridge as well as other bridges throughout the County, and WHEREAS, New York State has recently closed the Route 34B Ridge Road bridge across Salmon Creek. This second bridge closing has created. a concentration of traffic through steep and narrow streets in the -Ludlowville neighborhood with resultant motor vehicle accidents. The detour has slowed.emergency response time for fire and ambulance service to the area of the Town of Lansing located north of Salmon Creek. The State has indicated that the Ridge Road bridge repairs will require continued detours for several months into the Spring. Therefore; it is RESOLVED, that the Lansing Town Board request the County to reconsider its budget priorities to include the adequate funding fior -:.the maintenance, repair and replacement when necessary of County.bridges. DATED.:_ Lansing, New York December 21, 1994 ote.of Town Board . . . (Aye) Herbert Beckwith, Councilman .V- 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 Mary Beth Holub, the Chairperson of the Agriculture Review Board who stated that the water line going up Route 34B IS a positive impact on the agriculture land. Mrs. Kirby did not totally agree with her statement. She felt that farmers could.sel.l lots to help them out financially. I.t was the consensus of the Board that Mr. Tom Todd should be speaking,-to this Board on the Town's behalf. Mr. Tvaroha felt that the local board should understand that the pipe could be run in the road right -of -way and Milliken Station could:-be the ONLY one in the District., and all others would be denied._water,-including anyone in the agriculture district. The Town Board wants letters sent to all residents in the Milliken Station Water District area and to the Local Agriculture Board calling for a special meeting. They also felt residents should contact Marty Luster and Tom Todd with their concerns. It. was felt this Special meeting should be called so the Agriculture Board could explain their position to the residents. Mr. Totman felt Mr. Luster should also be invited to this meeting. Mr. Cleveland stated that -Letter to the Board as _asked Drive. Mr. Larson looked at the be reopened. Mr. Joel Tallmedge did not write a regarding his property on Warren "old" road and felt it could easily Mrs. Kirby stated that Mr. Herrick would like the Board to pass a resolution to approve repairs needed on the Dug Road Bridge. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the Town Board hereby accepts Palongeli Construction's quote in the amount of $ 2,490.00 for repairs to the Dug Road Bridge after a formal written contract is signed between .the Town Attorney, Town Engineer and Palong.eli Construction. .Vote of Town Board 0 (Aye) Herbert Beckwith, Councilman Vote of Town Board 0 (Aye) Paul Butler, Councilman I G 0 continued December 21, 1994 Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha,,Councilman Vote of Town Board (Aye) Jeannine Kirby; Supervisor Mr. LaVigne handed out copies of the Town Justice's audit that was performed by his office. Mr. Totman handed out his monthly report and reported the following: 1. He stated that he is getting an awful lot of calls concerning burning and burn barrels since the newsletter went out. Mr. Totman stated that he is telling people that the Tompkins County Health Department has no power in this matter and that the power lies in the hands of the D.E.C. Mr. Totman stated that people feel since this issue was in the Town Newsletter, that it was the opinion of the Board which is not true. 2. The Planning Board is working on a Comprehensive Plan. 39 A Lansing resident has approached him to obtain a permit to put up a fence that is 8' high. The Ordinance states that no permit is needed for the fence that is under six foot high. He stated that there is nothing in the Ordinance that states what to do if a fence is over 6' high. Mr. Totman stated that he WILL NOT issue a permit for this fence. Mrs. Kirby stated that she had a phone call asking her opinion on Cornell's low level radiation dump located on Snyder Road. She felt Cornell was a responsible landowner and would take care of the problem. Mrs. Kirby received a letter from Tompkins County stating they would help out the Town if the Town would like to have a Community Garage Sale. Mr. John will look over the grant regarding the Trail Ways and the Town Board will wait until all easements are in place before taking the next step and before ANY money from the grant will be spent. The Town Board was concerned about the maintenance and liability aspect of this project. A copy of the minutes of November 16, 1994, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make any corrections or to accept them as submitted. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Town Board does hereby approve the minutes of November 16, 1994 as submitted. AUDIT RESOLUTION, offered by Mr Butler: RESOLVED, that the bookkeeper directed to pay the following bills: Carried. Beckwith and seconded by Mr. is hereby authorized and General Fund 822 - 881 $ 78,039.28 Highway Fund 429 - 464 $ 87,396.19 Lansing Wr. Dists. 44 $ 201.55 Lansing Agency & Trust 115 - 118 $ 31039.45 Repair Reserve Fund 2 $ 11022.00 Watchtower Escrow 4 $ 959.46 Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman 0 ]G1 continued December 21, 1994 Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor The following discussion was held concerning traffic control at the Rogues Harbor corner. Mr. John stated that the County has a standard form contract which asks the Town to indemnify the County. This would mean the Town would -have to carry the insurance. He stated that once a Deputy is employed, he is a deputy for ALL purposes. Doug Hagin from Ithaca Agency felt the Town would need to carry Police Officer Insurance which is a lot more expensive than insurance for Constables. Mr. Guest stated that he has no say in this matter as the County is self insured. Mr. John felt the cost would be $ 50.00+ per hour. He felt it would be easier to use Constables and have the Town contract with certain employees. The Town could then do a straight contract with Cargill. Mr. John felt this was a very complicated issue. The Town could hire the constables, take out constables insurance and then bill Cargill directly. It was the consensus of the Board that this would be the route to take. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Town Board of the Town of Lansing does hereby withdraw the contract the with Tompkins County regarding the matter of traffic for control new Town Hall. at the corner of the Rogues Harbor, Carried. RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, hereby authorize that the Town the Supervisor Board of the to negotiate Town of Lansing does with Cargill for Constables and to negotiate with Daniel Drew for the scheduling of the Constables and: plans BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized to sign said contract between the Town and Cargill, Inc. regarding this matter. 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 she has signed the contract between the Town and Tallman & Thomas for the plans for the new Town Hall. RESOLUTION offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, pursuant to Local Law # 1 of 1988, as amended, New York State Electric & Gas has made application to the Town of Lansing for renewal of a permit for 1995 to allow the disposal of up to 4,000 tons per year of fly ash from Cornell University into the fly ash maintenance facility located at Milliken Station in the Town of Lansing, therefore BE IT RESOLVED, that the Lansing Town Board hereby authorizes the Town's Code Enforcement Officer to issue a permit to New York State Electric & Gas Corporation to its application, upon its payment of the fee of $ .10 (ten cents) per ton, which fee will be paid in advance and adjusted pursuant to the scale reports submitted by N.Y.S.E.G. to the Code Enforcement Officer. This permit shall be good for one year from January 1, 1995 until 1 � r�- continued December 21, 1994 December 31, 1995. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Obstained) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor On motion, meeting adjourned at the call of the Supervisor at 10:10 p.m. x 1z' 4�0 X&)L '0 0