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HomeMy WebLinkAbout1997-02-12226 FEBRUARY 12, 1997 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John VISITORS: George Totman Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney and Matt Shulman. Present Present Absent Absent Present Absent Present The Supervisor called the meeting to order and took the Roll Call. George Totman discussed various issues regarding the zoning plan and the comments he has received about the process and the people involved. The Town Board is unhappy with what the Planning Board has developed, but is not sure what they would like to see in it's place. Mr. Totman indicated that a new hardware store is going in near the Triphammer and Peruville Road intersections. The Town Board discussed Mrs. McKane's claim that the water main pipe is on her property. Rich John is negotiating an easement to correct this situation. The Town Board discussed the Town Hall committee. All people responded who were asked. Ten of the fifteen said they would be on the committee. They are Cheryl Nickel, Louise Bement, Joyce Henniger, Geoff Wright, David and Joan Hardie, Lawrence Conlon, Robert Baker, Richard (Kim) Davis and Chris Burris. The following declined to be on the committee: Gay Nicholson, Kevin Kauffman, Jeff Clark, Alex Cima and Norma Sill. The group who has agreed to be on the committee will hold their first meeting on February 24, 1997 at 7:30 p.m. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: WHEREAS, New York State, pursuant to Real Property Tax Law Section 458 -a, has raised the amounts available for tax exemptions for veterans, and WHEREAS, the Town of Lansing is considering the passage of a local law to provide for tax exemptions for veterans who own property within the Town of Lansing, as follows: Be it enacted by the Town Board of the Town of Lansing as follows: Section 1. The purpose of this law is to establish an alternate veterans exemption level for the Town of Lansing pursuant to New York State Real Property Tax Law Section 458 -a. Section 2. Pursuant to the provisions of Section 458 -a of the New York State Real Property Tax Law, the alternate veterans exemption level as of the 1997 tax assessment roll shall be $100,000.00. Section 3. A final determination that any part of this law is invalid shall not effect other parts of this law and such other parts shall continue to be valid and enforceable. Section 4. This law shall take effect immediately. I� 0 continued February 12, 1997 THEREFORE, IT IS the adoption of the RESOLVED, that above - mentioned a public local hearing to consider law shall be held on February 28, 1997 at noon at the Lansing Town Hall. Vote of Town Vote of Town Vote of Town Board Board Board (Aye) (Aye) (Aye) Herbert Beckwith, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION, Tvaroha: offered by Mr. Beckwith and seconded by Mr. WHEREAS, the Town of Lansing owns an approximately 152 acre parcel of farmland located in the Town of Lansing with frontage on Route 34 and Conlon Road, being identified as tax map parcels 31 -1- 9, 31 -1 -14,1, and 31 -1 -16.2, and WHEREAS, the Town of Lansing is seeking bids for the rental of the farmland for the 1997 growing season, therefore, it is RESOLVED, that this notice of intent to solicit bids be advertised and the Town shall receive bids, in the form of a per acre price for the entire parcel submitted to the Town Clerk at the Town Hall through March 5, 1997 at 4:00 p.m., and FURTHER RESOLVED, the Town Board reserves the right to reject any and all bids received. Vote of Town Vote of Town Vote of Town Board Board Board (Aye) (Aye) (Aye) Herbert Beckwith, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION, Tvaroha: offered by Mr. Beckwith and seconded by Mr. RESOLUTION IN SUPPORT OF REQUEST OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL COMMISSION FOR SPECIAL LEGISLATION AUTHORIZING A JOINT CAPITAL RESERVE FUND WHEREAS, the Southern Commission (the "Commission ") agreement along with the Towns the Villages of Cayuga Heights New York, for the purposes maintaining, and operating wat( for the member municipalities Cayuga Lake Intermunicipal Water is a body formed by intermunicipal of Dryden, Ithaca, and Lansing, and and Lansing, all in Tompkins County, (among others) of constructing, :r supply and transmission facilities of the Commission; and WHEREAS, the Town of Lansing is one of the parties to the agreement establishing the Commission and is a member of the Commission; and WHEREAS, The commission supervised the construction of such facilities some twenty years ago: and WHEREAS, the age of such facilities, as well as the increased demand for water and related services from the Commission's facilities, has resulted in needed capital improvements to the system: and WHEREAS, the Commission and the Town of Lansing believe it is prudent and appropriate to establish a joint Capital Reserve Fund to permit accumulations of moneys to fund some of the needed capital improvements: and WHEREAS, there is some question as to the legal ability of the member municipalities to create such a joint fund without special state legislation authorizing such a fund, and in particular for Towns to create such a fund without the necessity of a permissive 221 228 continued February 12, 1997 referendum: and WHEREAS, the inability to create a joint will greatly handicap the construction, enlargement of the facilities which provide w the five municipalities, as well as, on occas other municipalities in Tompkins County: and capital reserve fund replacement, and ater to residents in ion, to residents in WHEREAS, the Town of Lansing finds by reason of the foregoing that there exists a necessity for the passage of the law annexed hereto entitled " An Act to Amend the General Municipal Law to Authorize Certain Municipalities in Tompkins County to Jointly Establish a Capital Reserve Fund" pursuant to which authority is given to the Commission and its member municipalities by joint agreement to establish a capital reserve fund for capital improvements as defined in the General Municipal Law, such establishment to be authorized without the need for any referenda: and therefore, it is RESOLVED, that the Town of Lansing hereby schedules a public hearing to consider and receive public comment on the proposed New York State legislation to be held the 19th day of March, 1997, at 7:00 p.m. at the Lansing Town Hall. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: WHEREAS, the Town of Lansing is considering the formation of a sewer district in the Town of Lansing consisting of collector mains, laterals, tanks, a treatment plant and discharge facilities, and WHEREAS, a portion of the plan of the sewer system involves the treatment of brine from the Cargill, Inc. mine located in the Town of Lansing through dilution and discharge into.-Cayuga Lake, and WHEREAS, a determination of the feasibility of the brine dilution process and its effect on Cayuga Lake is an important consideration in the evaluation of the overall plan for the formation of the sewer district and is required by the New York State Department of Environmental Conservation, and is WHEREAS, an engineering firm, Sterns & Wheeler, located in Syracuse, New York has developed a computer model of Cayuga Lake that will predict the effect of the dilution of brine into Cayuga Lake, and Sterns & Wheeler has presented a proposed scope of work and an estimate of the cost to perform the computer modeling in an amount not to exceed $ 10,000.00, and WHEREAS, the Town of assistance from Cargill, Inc. modeling, and Cargill, Inc. proposal presented by Sterns paid by Cargill, Inc. towards credited towards Cargill, Inc sewer district if it is const Lansing has requested financial in paying the cost of the computer has agreed to pay the cost of the & Wheeler, provided that any amounts the cost of the computer modeling by .'s share of the capital cost of the ructed, therefore it is RESOLVED, that the Town Board of the Town of Lansing authorizes the acceptance of the proposal submitted by Stearns & Wheeler in an amount not to exceed $ 10,000.001 to pay the costs of the computer modeling study required in connection with the formation of the sewer district in the Town of Lansing, and it is FURTHER RESOLVED, that any amounts paid by Cargill, Inc. C I 1 CI continued February 12, 1997 towards the cost of the computer modeling be credited towards Cargill, Inc.'s share of the capital cost of the sewer district if it is constructed. Vote of Town Vote of Town Vote of Town Board Board Board (Aye) (Aye) (Aye) Herbert Beckwith, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION, Tvaroha: offered by Mr. Beckwith and seconded by Mr. WHEREAS, the Town of Lansing supports a broad range of agriculture, residential and business uses, and WHEREAS, the Town of Lansing has experienced widespread growth that has brought business and residential uses into close contact with agriculture activities, the Town of Lansing is considering the passage of a local law as follows: Be it enacted by the Town Board of the Town of Lansing as follows: SECTION 1, LEGISLATIVE INTENT AND PURPOSE a. The Town Board of the Town of Lansing finds that farming is an essential activity within the Town of Lansing. b. Farming, as defined herein, reinforces the special quality of life enjoyed by residents of the Town, provides the visual benefit of open space and generates economic benefits and social well -being within the community. Therefore, the Town of Lansing emphasizes to newcomers and non - farmers that this Town encourages agriculture and requests newcomers and non - farmers to be understanding of the nature of day to day operations. C, It is the general purpose and intent of this Local Law to maintain and preserve the rural tradition and character of the Town of Lansing, to permit the continuation of agricultural practices, to protect the existence and operation of farms, and to encourage the initiation and expansion of farms and agricultural businesses. d. For the purpose of reducing future conflicts between farmers and non - farmers, it is important that notice to be given to future neighbors about the nature of agricultural practices. SECTION 2. DEFINITIONS a. "Farm" - includes livestock, dairy, poultry, furbearing animal, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses, or other similar operations used primarily for the raising of agricultural or horticultural commodities. b. "Agricultural Practices" - includes all activities conducted on a farm, necessary to the operation of a farm. SECTION 3. THE RIGHT TO UNDERTAKE AGRICULTURE PRACTICES Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farms, may lawfully engage in farming practices within the Town of Lansing at any and all such times and all such locations as are reasonably necessary'to conduct the business of farming. For any activity or operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge and improved technologies. 229 230 continued February 12, 1997 SECTION 4. NOTICE TO PROSPECTIVE NEIGHBORS The following notice shall be included in building permits, special permits, permits issued in Site Plan Review and in any other situation where a permit is required to be used by the Town of Lansing and on plats of subdivisions submitted for approval pursuant to Town Law Section 276 and the Land Subdivision Rules and Regulations of the Town of Lansing, New York. "This property may border a farm, as defined in Town of Lansing Local Law No._ of the year a Local Law known as The Right to Farm Law. Residents should be aware that farmers have the right to undertake good or acceptable farm practices which may generate dust, odor, smoke, noise, and vibration." SECTION 5. SEVERABILITY CLAUSE a. If any part of this Local Law for any reason is held to be unconstitutional or invalid, such decision shall not effect the remainder of this Local Law. b. Nothing contained herein shall be construed as being inconsistent with any other local law, ordinance, rule or regulation of the Town of Lansing, the intention of this local law being to supplement and complement other local laws, ordinances, rules or regulations. SECTION 6. EFFECTIVE DATE This Local Law shall be effective immediately upon filing, as provided by the Municipal Hall. Home Rule Law. THEREFORE, adoption of IT IS the RESOLVED, that a public above - mentioned local law hearing to consider the shall be held on March 19, 1997 at 7:15 p.m. at the Lansing Town Hall. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor The Lakeview Subdivision was discussed. A plan was discussed that has been worked out between Mr. Larson and the developer. It was stated that the Board did not feel the Road guarantee should be retroactive back to November of 1996. Mr. John will contact Attorney Jim Baranell. This matter will be discussed at a later date. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the Regular Board Meeting be adjourned to go into Executive Session to discuss the Jay O'Rear subdivision which could mean possible litigation. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the Executive Session be terminated and the Regular Session be reconvened. Carried. On motion, meeting adjourned at 10:00 p.m. Minutes taken by the Supervisor and executed by Clerk. the Town u