HomeMy WebLinkAbout1995-08-30276
August 30, 1995
The
Lansing Town Board
met
Town Hall.
this project
in
Special Session
at
the Lansing
Town Hall
Beckwith
Board
Present
Room at 7:00
P.M.
Councilman
Present
with
Supervisor Kirby
Councilman
presiding.
VISITORS: Pete and Jackie Larson and George Totman.
The Supervisor called the meeting to order and took the Roll
Call.
Pete Larson discussed fill for the proposed Town Hall site.
He feels the cost will run above the $31,000.00 which was
originally proposed. He's waiting for figures from Dave Herrick to
present to the Board.
Mr. Larson has asked for a resolution at the next meeting to
transfer $10,000.00 from one account to another. Budget numbers
will be available at the regular meeting in October.
The Warmus situation was discussed. Attorney John, on behalf
of the Town Board, offered Mr. Warmus a $2,000.00 settlement to
correct the road right -of -way. We are waiting to hear back from
Mr. Warmus.
Discussion
was held on updated
ROLL CALL
Town Hall.
this project
Jeannine
Kirby
Supervisor
Present
Herbert
Beckwith
Councilman
Present
Paul Butler
this person's
Councilman
Present
Jeffrey
Cleveland
Councilman
Present
Larry Tvaroha
Councilman
Present
Bonita Boles
Town Clerk
Absent
Richard
John
Attorney
Present
VISITORS: Pete and Jackie Larson and George Totman.
The Supervisor called the meeting to order and took the Roll
Call.
Pete Larson discussed fill for the proposed Town Hall site.
He feels the cost will run above the $31,000.00 which was
originally proposed. He's waiting for figures from Dave Herrick to
present to the Board.
Mr. Larson has asked for a resolution at the next meeting to
transfer $10,000.00 from one account to another. Budget numbers
will be available at the regular meeting in October.
The Warmus situation was discussed. Attorney John, on behalf
of the Town Board, offered Mr. Warmus a $2,000.00 settlement to
correct the road right -of -way. We are waiting to hear back from
Mr. Warmus.
Discussion
was held on updated
figures for the proposed new
Town Hall.
this project
in the Milliken
The Board would
before approving
like an
a resolution
additional week to consider
for the project.
Councilman Cleveland left the meeting at 8 :15 P.M.
Discussion was had on the Milliken Road Extension Project.
The Board reviewed the draft agreement as to how the work would be
completed. Work would be complete within 12 months of the signing
of the agreement.
RESOLUTION, offered by Mr. Tvaroha who moved its adoption,
seconded by Mr. Beckwith:
RESOLVED, that
Fulkerson to prepare
the Town
a map to
Board does hereby authorize Al
show precisely the location of all
work to be completed
in the Milliken
Road Extension
Project.
should be
Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman
Vote of Town Board . . . (Aye) Paul Butler, Councilman
Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman
Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor
George Totman discussed the first house to the right after you
cross the railroad tracks in Myers. It is for sale and adjacent to
the Town Park. It has been asked by a Town Citizen if the house
could be purchased by a former owner and a monument be constructed
in honor of her husband and be dedicated back to the Town.
Mr. Totman discussed
the Town Board
a property
where 20
cars are being stored
and wondered if
they
should be
treated as
junk cars. It was
decided that the
cars
are part of
this person's
business.
RESOLUTION, offered by Mr. Tvaroha who moved its adoption,
seconded by Mr. Beckwith:
WHEREAS,
the Town Board
of the
Town of Lansing
has received
a
resolution from
the Town of
Lansing
Planning Board
requesting
an
277
August 30, 1995, continued
amendment to the Town of Lansing Subdivision Rules and Regulations
to eliminate Planning Board review of one lot subdivisions and lot
line alterations. Therefore it is
RESOLVED,
Regulations of
that the section of the
the Town of Lansing entitled
Subdivision Rules and
"Appendix I DEFINITIONS
1. Subdivision,
construction
GENERAL
(b)." is hereby amended as follows:
Any
parcel
that is
divided so as to create three or more
lots,
has
any
less
of which
than 300
is less than three
feet of frontage on
acres in area or
a public road; or,
Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman
Vote of Town Board . . . (Aye) Paul Butler, 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. Butler:
WHEREAS, the Town of Lansing is responsible under Local Law
No. 1 of the year 1988, entitled A Local Law Regulating Solid Waste
Management Facilities, for the regulation and permitting of solid
waste management facilities in the Town of Lansing, and
WHEREAS,
an amendment
the
to
Town Board of the
the Local Law
Town of Lansing is considering
to amend the definition of
construction
and
demolition debris
and demolition
building including
wastes
and other
denailed
to read as follows:
tree stumps.
Section 2. Definitions
CONSTRUCTION AND
DEMOLITION
DEBRIS -
Wastes resulting
from construction,
structures, land
road spoils and paving
include clean bricks,
masonry materials,
remodeling,
clearing,
materials.
clean
clean soil,
repair
and road
Such
concrete
rock,
and demolition
building including
wastes
and other
denailed
of
shall not
clean
lumber and
tree stumps.
following
regarding
Water Districts
is the Chapter
397
approved
of the Laws
RESOLVED, that the Town Board of the Town of Lansing shall
hold a public hearing on September 20, 1995 at 7:15 P.M. to receive
public comment on the proposed amendment to the Local Law No. 1 of
the year 1988, entitled A Local Law Regulating Solid Waste
Management Facilities.
Vote of Town Board . . (Aye) Herbert Beckwith, Councilman
Vote of Town Board . . (Aye) Paul Butler, Councilman
Vote of Town Board . . (Aye) Larry Tvaroha, Councilman
Vote of Town Board . . (Aye) Jeannine Kirby, Supervisor
Discussion
districts as well as
"below average
was had
regarding the
new
law signed
into affect
August
Control.
02, 1995
The
following
regarding
Water Districts
is the Chapter
397
approved
of the Laws
by Audit &
of 1995:
INTRODUCTION
On August 02, 1995 Governor Pataki signed into law Chapter 397
of the Laws of 1995. Chapter 397, which goes into effect September
01, 1995, amends the Town Law and the County Law by eliminating the
requirement for State Comptroller approval for the formation,
extension and increase in cost of "low cost" special improvement
districts as well as
"below average
expenses"
associated with
the
increase and improvement
amends the Town Law
of county
so that State
districts. Chapter 397 also
Comptroller approval for
the
establishment or extension
of a fire
district
would be required
only if indebtedness
is proposed to
be issued.
Prior to Chapter 397, the State Comptroller's approval was
required whenever financing was proposed for the establishment and
278
August 30, 1995, continued
extension
of town and county improvement
districts,
increases in
the maximum amount to be expanded for improvement
any proceeding
districts and
increases
and improvements of facilities
in county
districts.
The State Comptroller's office has estimated that
approximately 50% of district formation and extension approvals
will be eliminated as a result of these amendments.
Chapter 397 Amendments
Under the new law, the State Comptroller's approval will be
required only in those instances where financing is proposed and
the cost of the district or extension to the typical property or,
if different, the cost of the district or extension to the typical
one or two family home is above the average estimated cost to
typical properties or homes for the establishments or extension of
similar types of districts as may be annually computed.by the State
Comptroller.
This "cost" is the estimate that a tj
within the district or extension is expec
service, operation and maintenance and other
charges, related to the improvements in the
formation of the district or extension or, if
year in which both debt service and operation
will be paid.
rpical property owner
ted to pay for debt
charges, such as user
first year following
greater, in the first
and maintenance costs
Under the new amendments, the State Comptroller is required to
provide annual notice to towns and counties of the average cost
thresholds computed in accordance with Chapter 397. The first list
of such cost thresholds is expected to be completed and available
wi thin a few days and wi 11 be mai led by the Comptrol ler's off ice to
all towns and counties in the State.
The notice of the public hearing in connection with the -
establishment of a district or an extension must now include the
estimated cost of hook -up fees, if any, to, and the cost of the
district or extension to, the typical property and, if different,
the typical one or two family home.
The detailed explanation of how the estimated cost of hook -up
fees and cost to the typical property and, if .different, typical
one or two family home, was computed must be filed with the clerk
prior to the publication of the notice of public hearing.
The "typical" property or one or two family home is defined as
a property having an assessed value that approximates the assessed
value of the mode (the assessed value most frequently appearing on
the last completed final assessment role) of the benefitted
properties in the proposed district or extension that will be
required to finance the cost of the proposed improvements.
If financing is proposed and the cost thresholds are not
exceeded, State Comptroller approval is not required. Instead, the
clerk is now required to file with the State Comptroller a
certified copy of the order calling the public hearing on or about
the date of the publication of such order.
Chapter 397 applies only to county districts governed by the
County Law and town districts and extensions formed pursuant to
Articles 12 and 12A of the Town Law. The requirement for State
Comptroller approval for the formation of, improvement areas under
Article 12 -C of the Town Law has not been changed. Such approval
is required whenever indebtedness is proposed and the total
estimated expense of the improvement exceeds one -tenth of one per
centum of the full valuation or real property in the area of the
town outside of villages.
Chapter 397
applies
to
any proceeding
for which a notice of
hearing is published
after
September 01,
19950
1
I
August 30, 1995, continued
Discussion was held regarding people living on Emmons Road.
The Town does not have the pressure for that request. We will look
at this after Water District #17 is in place.
Discussion was held on the Ag District situation. Property
owners have until October 05, 1995 to file a request to be in or
out of the District.
Discussion was held on the Ambulance situation. The Board
decided to move ahead with a contract with Bangs Ambulance for
service and the Fire company for housing of the ambulance.
Discussion was had regarding the Time Warner document. The
Board decided not to take sides since it would not have an effect
anyway.
Councilman Cleveland returned to the meeting at 10:00 P.M.
RESOLUTION, offered by Mr. Beckwith who moved its adoption,
seconded by Mr. Cleveland:
RESOLVED, that the Special Meeting be adjourned to go into
Executive Session regarding Algerine Road and Sharon Bowman's
request.
Carried.
RESOLUTION, offered by Mr. Beckwith who moved its adoption,
seconded by Mr. Butler:
RESOLVED, that the Executive Session be terminated and the
Special Meeting be reconvened.
Carried.
RESOLUTION, offered by Mr. Butler who moved its adoption,
seconded by Mr. Cleveland:
WHEREAS, the Town of Lansing is considering the qualified
abandonment, pursuant to Highway Law Section 205, of a section of
the Algerine Road from its intersection with the Lansing Station
Road and continuing an approximate distance of one hundred forty
feet to the west, and
WHEREAS, there are two adjacent properties which would be
effected by a qualified abandonment, one parcel owned by Ruth Adams
(tax parcel no. 12 -1 -23.1) and the other parcel-owned by Ralph and
Eleanor Barnard (tax parcel no. 13- 2 -1.1), and
WHEREAS, the Town Board of the Town of Lansing wishes to
receive comment from the adjacent landowners, therefore, it is
RESOLVED, that the Lansing Town Board hold a public hearing at
the Lansing Town Hall on the 4th day of October, 1995 at 7:00 p.m.
on that date to consider the proposed qualified abandonment of a
portion of Algerine Road from its intersection with the Lansing
Station Road and continuing an approximate distance one hundred
forty feet to the west, and to receive comment from public, and it
is
FURTHER RESOLVED, that the Town Clerk of the Town of Lansing
send this notice of public hearing by regular mail to Ruth Adams
and Ralph and Eleanor Barnard.
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
Meeting adjourned at the call of the Supervisor at 10:40 P.M.
Minutes taken by the Supervisor and executed by the Deputy
Town Clerk.
279