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HomeMy WebLinkAbout1995-03-15MARCH 15, 1995 The Lansing Town Board has met Town Hall Board Room at 7:00 p.m. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John in Regular Session at the Lansing with Supervisor Kirby presiding. ROLL CALL Supervisor PresMt Councilman Pre§E1t Councilman Absent Councilman Presmt Councilman Present Town Clerk Present Town Attorney PteSent VISITORS: Peter and Jackie Larson and David Herrick. The Supervisor called the meeting to order and had the clerk take the Roll Call. Mr. Larson informed the Board of the following: 1. The wash -out project at the Lansing Park has been finished. Mr. Larson gave the Board a copy of the costs involved in this project. He stated that he DID feel this was a permanent solution. 2. Gravel has been hauled in to a couple of campsites at the park that have previously bids been wet areas. 39 Mr. Larson received a letter from New York State regarding the stated bid for salt for the 1995 -1996 season. The Town will accept bids on their own sometime in October of 1995. 4. The new excavator is in and the light package is being Corrective work may have to be done in a couple of places in the installed on it. 54 The pickup truck has been picked up. (This was bought on the State bid) 6. Mr. Larson and Mr. John will go to Milliken Station Road Extension this job tomorrow morning to look over the road situation. Corrective work 7. Mr. Larson discussed this summer. It was the consensus Larson to obtain three (3) having the Town of the written quotes Highway Board to for said Garage painted authorize Mr. job and bring his may recommendation have to pay back prevailing to the Board. Mr. John wages. stated that this job letter Mr. Herrick informed the Board of the following: 1. Water District the No. 2 - Extension No. 2 and No. 18: The mains Kauffman made drafted a letter for corrections and authorized Mrs. Kirby's signature. the Supervisor to sign the corrected 2, EXTENSION 2 letter and mail it to the are in and they will start putting in the services next week. Corrective work may have to be done in a couple of places in the Ladoga area at a later date. 2. Portland Point Water District: This is about 40% complete. 3. Bolton Point was positive in regard to extending the water line to the Town of Genoa. (Genoa is an established water district) Kevin The Board Kauffman made drafted a letter for corrections and authorized Mrs. Kirby's signature. the Supervisor to sign the corrected 2, EXTENSION 2 letter and mail it to the Supervisor for the Town of Genoa. (Letter on file in the Supervisor's Office), BOARD RESOLUTION OF TOWN BOARD FOR PERMANENT FINANCING OF THE CONSTRUCTION OF LANSING WATER DISTRICT NO. 2, EXTENSION 2 The following resolution was offered by Councilman Jeffrey Cleveland, Beckwith, who moved its adoption, to wit. seconded by Councilman Herb 201 continued March 15, 1995 Bond Resolution dated March 15, 1995. A resolution authorizing the issuance of $ 114,000.00 serial bonds of the Town of Lansing, New York for the construction of approximately 1,850 linear feet of 8 inch diameter ductile pipe, 1,850 linear feet of 8 inch polyethylene casing, 50 linear feet of railroad crossing, valves, fire hydrants, water services to street right -of -ways and other related and necessary appurtenances in and for the Lansing Water District 2, Extension 2 of the Town of Lansing, Tompkins, New York at a maximum estimated cost of $ 114,000.00. WHEREAS, after a public hearing had been duly called, held and conducted on the 11th day of November, 1993, and the Town Board of the Town of Lansing adopted a resolution on the 20th day of July, 1994 authorizing and approving the establishment of Water District No. 2, Extension 2 for the Town of Lansing and the construction of said water district improvements therein, and WHEREAS, pursuant to proc accordance with the provisions the State of New York and more 20, 1994 the Town of Lansin established Lansing Water Dist of Lansing, and eedings heretofore of Article 12 -A of particularly in an g, Tompkins County rict No. 2, Extensi had and taken in the Town Law of Order dated July New York has on 2 of the Town WHEREAS, it is now desired to provide for the issuance of $ 114,000.00 in serial bonds to pay the cost of installation and construction of Water District No. 2, Extension 2 in said Town pursuant to the Order of the Town Board, and WHEREAS, all conditions precedent to the financing of the capital project described in the Town Board Order of July 20, 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. 2, Extension 2, 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 $ 114,000.00. Section 2. The estimated maximum cost of such object or purpose is $ 114,000.00. 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. Subject to the provision of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be �J n • 0 continued March 15, 1995 sold in such manner, as consistent with the pro% Section 6. The Lansing, Tompkins County to the payment of the pr the same become due apportioned and assessed in said Lansing Water benefitted by said i apportionment is in prop improvements shall confe in Section 202 -a of the maintenance in a water c principal and interest c the event that the annua less than the amount req said bonds as they shall that surplus moneys not Section 7. The for sale, conducting the delegated to the Supery sale, conduct the sale < shall deem best for the that in the exercise of fully with the provision; rule of the State Comptr bonds. The receipt of the the . purchaser of such be the application of the n may be prescribed by said Supervisor, isions of the Local Finance Law. full faith and credit of the Town of New York, are hereby irrevocably pledged .ncipal of, and interest on, such bonds as and payable. There shall be annually upon the several lots and parcels of land District No. 2, Extension 2 especially nprovements, and such assessment and )rtion to the amount of benefit which said upon the same, and in the manner provided Town Law for assessment of the cost of istrict, and amount sufficient to pay the f said bonds as the same becomes due. In 1 collection of such assessments shall be tired to pay the principal and interest of become due, the Town Board shall direct otherwise appropriated be applied. )owers and duties of advertising such bonds sale and awarding the bonds, are hereby isor who shall advertise such bonds for nd award the bonds in such manner as she nterests of said Town, provided, however, these delegated powers she shall comply of the Local Finance Law and any order or Dller applicable to the sale of municipal Supervisor shall be a full acquittance to nds who shall not be obligated to see to .irchase mnnev_ Section 8. 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 9. 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 form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a roll call which resulted as follows: Jeannine Kirby, voting aye Herbert Beckwith, voting aye Jeffrey Cleveland, voting aye Larry.Tvaroha, voting aye The resolution was thereon declared duly adopted. A RESOLUTION. - AUTHORIZING THE ISSUANCE OF $ 250,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE PURCHASE OF A 1994 GRADEALL XL 4100 HYDRAULIC EXCAVATOR, A .DOUBLE DRUM ROLLER ( MODEL DB 110 ) , A 1995 FORD HALF TON, PICK -.UP TRUCK AND A 1993 INGERSOLL RAND DIESEL POWERED DOUBLE.DRUM ROLLER-AND A ROAD SHOULDER WIDENER FOR SAID TOWN. The following resolution was offered by Councilman Jeffrey Cleveland, who moved its adoption, seconded by Councilman Larry Tvaroha, to wit: WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; .and WHEREAS, it is now desired to authorize the financing of such capital projects, 203 201 continued March 15, 1995 NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Lansing, Tompkins County, New York as follows: Section 1. For the specific objects or purpose of paying the costs of the purchase of a 1994 Gradeall XL 4100 Hydraulic Excavator, a 1995 Ford Half Ton Pick -Up Truck, a 1993 Ingersoll Rand Diesel Powered Double Drum Roller and a Road Shoulder Widener for the Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued $ 250,000.00 in serial bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned among such items of equipment in accordance with the maximum estimated cost of each. Such items of equipment are as follows: a) The purchase of a 1994 Gradeall XL 4100 Hydraulic Excavator at a maximum estimated cost of $ 174,764.81. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 15 years, b) The purchase of a Double Drum Roller (Model 110), at a maximum estimated cost of $ 79,949.00. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized fcr said purpose will not exceed 15 years; c) The purchase of a 1995 Ford Half Ton Pick -Up Truck at a maximum estimated cost of $ 13,068.00. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 15 years; d) The purchase of a 1993 Ingersoll Rand Diesel Powered Double Drum Roller at a maximum estimated cost of $ 25,000.00. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 15 years. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $ 292,781.81. The plan of financing the same consists of the issuance of said serial bonds in the amount of $ 250,000.00 and the balance to be paid with monies budgeted for said equipment and monies in the capital reserve fund. 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 the Local Finance Law, as the Supervisor shall determine. Section 4. It is hereby determined that subdivisions 28, 29 and 91 of paragraph a. of Section 11.00 of the Local Finance Law apply to the specific object or purpose of the purchase of the equipment set forth herein, and that the period of probable usefulness thereof is 15 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 15 years. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. • continued March 15, 1995 Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The full faith 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. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable each year. There shall be levied on all the taxable real property in said Town a tax sufficient to pay the principal and interest on such obligations as the same becomes due and payable. 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 7. 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 of money. Section 8. 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 9. 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, voting aye Herbert Beckwith, voting aye Jeffrey Cleveland, voting aye Larry Tvaroha, voting aye The resolution was thereon declared duly adopted. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: WHEREAS, the Town of Lansing has issued a Request For Proposals dated February 2, 1995 for professional engineering and surveying services for Water District No. 7 extension No. 9 within the Town of Lansing, and • WHEREAS, the Request For Proposals was advertised and posted as required by law, and WHEREAS, the Town has received one response to the Request For Proposals from T. G. Miller, P.C., Engineers and Surveyors, the Town Engineers, to perform the engineering and surveying services at a cost not -to exceed Thirty -Nine Thousand Fifty Dollars ( $ 391050.00)8 WHEREAS, Engineers and engineering and the proposal submitted by T.G. Miller, P.C., Surveyors, the Town Engineers, to perform the surveying services satisfies the requirements of 20 2C0 continued March 15, 1995 the Town of Lansing, the applicable law and the point system established in the Request For Proposals, therefore, it is RESOLVED, that the Town B accepts the Proposal submitted Surveyors, the Town Engineers surveying services for Water Di the Town of Lansing, at a cost Fifty Dollars ($ 39,050.00)0 Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Water District No. be on Warren and Betty Mi in the Town of Lansing. oard of the Town of Lansing hereby by T.G. Miller, P.C., Engineers and to perform the engineering and strict No. 7 extension No. 9 within not to exceed Thirty -Nine Thousand . (Aye) Herbert Beckwith, Councilman . (Aye) Jeffrey Cleveland, Councilman . (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor 17: Mr. Herrick recommended the tank site ller's property located at 1242 Ridge Road The top four sites were as follows: First Choice: (Site C) Warren and Betty Miller property at 1242 Ridge Road. Second Choice: (Site B) Worsell property on Emmons Road. Third Choice: (Site A) Benson property towards Ludlowville. Fourth Choice: (Site D) Aason property on Jerry Smith Road. Mr. Herrick stated that if Genoa turns out to be a factor, the fourth choice would become his first choice if the Town would have to provide good fire flow. If it does not have to meet good fire flow, then site C would stay as his first choice. It was the consensus of the Board to stay with Mr. Herrick's first choice (Site C) as it was felt that the Town of Genoa would not receive word from Albany for quite some time to come. Mr. Herrick showed the Board two different models for water tanks. One was an elevated and the other was a sphere type. Mrs. Kirby stated that she would contact Warren and Betty Miller regarding the purchase of a piece of their land for a future tank site. She will get back to the Board with the results of her conversation. Mr. Herrick gave the Town Board a copy of the map for the site plot for the cemetery pump station. Mr. Herrick stated that the approximate bid date for Water District No. 17 would be sometime in July and construction would start sometime this summer. Mrs. Kirby stated that herself and Mr. Herrick met with Mr. Alan Buttle of the Environmental Facilities Corp. regarding sewer in South Lansing. A meeting will be set up between Mr. Buttle, the Town Board and the residents interested in sewer in the South Lansing area. Mr. Herrick has drafted a letter for Mr. Jerram of the Water Board Committee to approve and send to Drake Road residents regarding water in their area. • RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that an Informational Meeting will be held on March 29, 1995 at the Lansing High School - Room 101 at 7:00 p.m. to hear any input or concerns regarding the proposed Jehovah Witness Watchtower project at the Kingdom Farm. Vote of Town Board . . . (Aye) Herbert Beckwith, 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 2 0'7 continued March 15, 1995 The Town Board directed the Town Clerk to advertise the preceding notice in the Moravia Shopper, the Freeville Shopper and the Ithaca Journal. A discussion was held concerning the Lansing Senior Citizens 461003.37 207,482.37 762.16 27,502.35 49,206.45 organization. They seem to be having problems with Lansing Herbert Jeffrey Larry Tvaroha, Jeannine Beckwith, Cleveland, Kirby, Councilman Councilman Councilman Supervisor residents verses out -of -town senior citizens. The Board felt they might want to make provisions for Lansing residents but also felt this should be handled by the Senior Citizen Group, not the Town Board. A copy of the minutes of January 25th and February 15th, 1995, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the minutes of January 25th and February 15th, 1995 are hereby approved as submitted. Carried. 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. General Fund Highway Fund Water Districts Cap. Fund Wr. Cap.-Fund Wr. 2, Ext. 2 18 111 - 72 - 8 - 1 - 1 - 153 109 10 2 2 $ $ $ $ $ 461003.37 207,482.37 762.16 27,502.35 49,206.45 Vote Vote Vote Vote of of of of Town Town Town Town Board . . Board . . Board . . Board . . (Aye) (Aye) (Aye) (Aye) Herbert Jeffrey Larry Tvaroha, Jeannine Beckwith, Cleveland, Kirby, Councilman Councilman Councilman Supervisor RESOLUTION offered by Mr. Cleveland and seconded by Mr. Beckwith. WHEREAS, a project for the Libertyville Trail, P.I.N. 3950.08, funded for in Title 23 U.S. Code,. as amended calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non - federal funds; and WHEREAS, the Town of Lansing desires to advance the above project by making a commitment of 100% of the non - federal share of the costs of the Libertyville Trail, now therefore; it is RESOLVED, that the Lansing Town. Board hereby approves the • above subject project; and it is hereby further RESOLVED, that the Lansing Town Board hereby authorizes the Town of Lansing to pay 100% of the non - federal share of the cost of the Libertyville Trail work for the subject or portions of the subject; and it is further RESOLVED, that the sum of S 65,859.00 is hereby appropriated to cover the cost of participation in the above phase of the project; and it is further RESOLVED, that in the event the full non - federal share costs of the project exceeds the amount appropriated above, the Town of 2c� continued March 15, 1995 Lansing Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Department of Transportation. RESOLVED, that the Supervi hereby authorized to execute al the Town of Lansing with t] Transportation approving of providing for the Municipality' its participation in the cost project. sor of the Town of Lansing be and is 1 necessary Agreements on behalf of ze New York State Department of the above - mentioned project and s administration of the Project and of the local share of the subject RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreements in connection with the Project. Vote of Town Board . . . (Aye) Herbert Beckwith, 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 the recycling center at the Town Highway Garage will stay open at least until June 24th, 1995. Mr. Tvaroha suggested money available the Town contact Superior to see if it might be possible that the Town could contract with them as it is their dumpster taking located in at the Highway Garage. Mr. John had some questions regarding Cooperative Extension. This will be discussed at a later date in a meeting between the Cooperative Extension Representatives and the Town Board. Mr. Kirby stated stated that she had received he a letter from Assemblyman to the Thruway Martin thanking Luster stating that there is No money available recognizing for a light the at the Rogues Harbor intersection as a member item. Lake RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland. RESOLVED, that the Town Board does hereby adjourn the Regular Meeting to go into Executive Session to discuss Personnel Matters at Bolton Point and also to discuss a matter which involves the Town Attorney. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Executive Session be terminated at 9:18 p.m. and the Regular Meeting be reconvened. Carried. Mr. Tvaroha stated that he will send a letter to the Thruway Authority, thanking them for recognizing the problem of the water level of the Cayuga Lake and for taking action in this matter. He will also give them Mrs. Kirby's name as a contact person for any future matters that may come up. On motion, meeting adjourned at 9:20 p.m. at the call of the Supervisor. xa, • 1