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HomeMy WebLinkAbout1998-09-02126- September 02, 1998 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 P.M. with Supervisor Kirby presiding. Jeannine Kirby Paul Butler Herbert Beckwith Jeffrey Cleveland Bonita Boles Debbie Crandall Richard Thaler ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Pete Larson, George Totman, Jim & Eva Sweazey, John Marabella, Matt Shulman and Sharon Bowman (7:45 P.M.) The Supervisor called the meeting to order and had the clerk take the Roll Call. qhe 20!011 2044 Ago 011Q mInale 06 SUCH" in ll emefy 06 COldnelift4m IC41v l 204""4 S P4,W11g, INCRINUOR to /han�osrl 09 l a"V 204POA 7 RESOLUTION At a special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on September 2, 1998, the following members, being present: Jeannine Kirby, Supervisor, Jeffrey Cleveland, Councilman; Paul Butler, Councilman; and Herbert Beckwith, Councilman; the following Resolution was duly made by motion of Jeffrey Cleveland and seconded by Paul Butler, and the vote was unanimous. WHEREAS, Larry Tvaroha has served as a councilperson on the Town Board of the Town of Lansing for the last decade, and, WHEREAS, in that time, Larry Tvaroha has served the people of the Town of Lansing with intelligence, dedication and wisdom, giving generously of his time to contribute unselfishly to the needs of our community, and, WHEREAS, among his other accomplishments for the Town, Larry Tvaroha acted as the Deputy Supervisor of the Town Board, the Town Board's liaison with the Town Planning Board, the Sewer Committee, the Town Parks, the New York State Department of Environmental Conservation and the Board of Zoning Appeals, and he was the representative of Region 7 on the New York State Fish and Wildlife Management Board, as well as serving on several volunteer boards and organizations in and around his community, and WHEREAS, the Town Board of the Town of Lansing wishes to note with appreciation Larry Tvaroha's outstanding work in preparing the zoning amendments recently adopted by the Town, his efforts to improve and expand the Town Park system, his expertise in the budgeting process, and his devotion to the work of running the Town of Lansing in an efficient, economical, productive, and representative manner, and WHEREAS, the Town Board of the Town of Lansing notes with great sadness the untimely passing of Larry Tvaroha, NOW, THEREFORE, it is RESOLVED, that the Lansing Town Board, individually and on behalf of the Town of Lansing, commends and thanks Larry Tvaroha for his dedicated community service to the Town 127 September 02, 1998, continued Board and the residents of Lansing. His presence on the Town Board will be missed for all of the reasons stated herein, but also for his good humor, good sense and as a friend. Dated: September 2, 1998 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 Jeannine Kirby, Supervisor JIM & EVA SWEAZEY REGARDING A DRAINAGE PROBLEM Jim and Eva Sweazey approached the Board concerning their drainage problem at 114 Sperry Lane. Mrs. Sweazey read a letter to the Board in regards to their problem. She stated that there are two major problems. # 1. With the development of Fiddlers Green and from the drainage of these ditches it has now and has been causing severe erosion on their property. The culvert and pipes come together at the dead end sign and enters their property. Two years ago Pete Larson with Town approval had a ditch dug pass the spring. However, even after working diligently to maintain the ditch and to save the swale around the pond it has been to no avail. It has become a ditch running from ground level to 12 to 16 inches deep, due to the force and amount of water from the two pipes and ditch. Mr. Sweazey had to gear the water towards the natural ditch by the woods. This ditch runs along Sweazey property and into the lake. The Sweazey's asked the Board if a covered drainage ditch along with a swale in the area described would carry this amount of rushing water, they would like to think it would. #2. This involves another culvert on Fiddlers Green that drains on the property of Dan & Carol Baugh of 50 Fiddlers Green. The water runs on the adjoining property which is their property. They find the erosion and ditch from all the water to be devastating to their property. They would like Baugh's and the Town Board to voice their opinion to help solve this problem. When this is resolved they would appreciate that this gully like area was filled in. Mrs. Sweazey then passed out to all Board members detailed pictures of the problem with explanations on the backside. Mr. Larson, with the help of a small map, also explained the problem with the Board. Mr. Larson stated that himself and Mr. Cleveland have looked at the problem. Mr. Larson stated that he does not know how to resolve the problem. Mrs. Kirby stated that the previous Town Board in 1979 should of made the developer, Mr. Finkelday, correct the drainage problem before the Town Board accepted the road. After further discussion it was the consensus of the Board to have the Town Engineer, Dave Herrick and Harry Mussel of Soil and Water Conservation look at the problems, do a study and report back to the Board with a report of their recommendations. Mr. Larson will contact Mr. Herrick and Mr. Mussel and have them meet with Mr. Sweazey. JOHN MARABELLA. REPRESENTATIVE FROM NYSEG Mr. Marabella informed the Board that as part of the U.S. Department of Energy Agreement there is a requirement that NYSEG will provide money for a Recreational Town Project. NYSEG had proposed to put a fisherman access near the Milliken Station plant. It would of required 20 parking spots and a bridge over the tracks down to the shore line. NYSEG 128 September 02, 1998, continued tried to get the DEC involved in operating and maintaining it. NYSEG was concerned about the liability of having them on their property. NYSEG sent a lease agreement to DEC and they did not accept it. Now NYSEG is looking for an alternative. Mr. Marabella asked the Board if there were any current approved projects that NYSEG could fund to meet this requirement of the Department of Energy. Mr. Marabella stated that one of the requirements was that the money be spent in 1998 or put aside. Mr. Marabella stated they would then need written documentation that NYSEG has funded this amount of money for this project so they can fulfill the requirement. Mr. Thaler stated that the Town Board needed a copy of the requirement from the U.S. Department of Energy to review before a commitment could be made. Mr. Marabella will get a copy of the agreement to the Board. RESOLUTION DECLARING LARRY TVAROHA'S VACANCY ON THE LANSING TOWN BOARD RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: WHEREAS, Larry Tvaroha during his term of office as a Councilman on the Town Board of the Town of Lansing died on August 27, 1998, and WHEREAS, the untimely passing of Larry Tvaroha creates a vacancy on the Town Board and the Town Board of the Town of Lansing is in agreement that the vacancy should be filed for the term of office from September 2, 1998 through December 31, 1998, therefore, it is RESOLVED, that the Town Board of the Town of Lansing declares a vacancy for the term of office from September 2, 1998 through December 31, 1998, and further declares that it intends to fill the vacancy. 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 Jeannine Kirby, Supervisor REAPPOINTMENT OF LIAISON OFFICERS RESOLUTION, offered by Mr. Butler and seconded by Mr. Cleveland: RESOLVED, that Fred Rogers be appointed as Liaison Officer for the Intermunicipal Sewer and Outer Municipal Water Board. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that Paul Butler be appointed as Liaison Officer for the Planning Board. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that :Herbert Beckwith be appointed as Liaison Officer to oversee the Town Hall Construction and work with Department Heads to make sure each department is properly designed and efficient. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: 1 ?_9 September 02, 1998, continued RESOLVED, that Jeff Cleveland be appointed as Liaison Officer for the Lansing Park. Carried. PETE LARSON, HIGHWAY SUPERINTENDENT Mr. Larson stated that they are finishing chipping the brush and the wood chips will be made available to Lansing residents for mulch. There are two piles, one at the Highway Garage and one at the Gravel Bank. GEORGE TOTMAN, CODE ENFORCEMENT OFFICER Mr. Totman passed out an application form for Cell Towers for the Board to review. The Town currently does not have one. Mr. Totman also suggested that the fee be figured the same as the cost of building permits. ALLEGATIONS MADE CONCERNING M 1C CLEVELAND'S SEAT Mr. Thaler stated that his office was asked to research and give a legal opinion to the Board concerning certain allegations that have been made as to whether or not Mr. Cleveland's seat should be vacated. Mr. Thaler stated that it is his legal opinion that it does not have to be vacated. Mr. Cleveland has filed with the Town Attorney, a statement that it is his intent that his domicile is in the Town of Lansing, that he is a temporary resident outside of the Town, and as a result his seat is not vacant. Mr. Thaler has communicated that to Elizabeth Cree at the County Board of Elections and to Mr. Kazinsky in Albany and they have accepted his opinion and he asks the Town Board to accept it as well. TOWN CENSUS Mrs. Kirby informed the Board she has received correspondence on the census. Mrs. Kirby asked Mr. Totman if he remembers in 1990, when they worked on this, if in other Towns they form committees to work on the census? Mr. Totman stated that it changes from year to year and he would have to research it before he could comment on it. BULK MAILING PERMIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Town Board authorizes the bookkeeper to renew the Town's Bulk Mailing Permit. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) APPROVE MINUTES Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Jeannine Kirby, Supervisor A copy of the minutes of July 1, 1998 and August 5, 1998 having been given 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. Beckwith and seconded by Mr. Butler: 130 September 02, 1998, continued RESOLVED, that the minutes of July 1, 1998 and August 5, 1998 are hereby approved as submitted. BOND RESOLUTION BOND RESOLUTION DATED SEPTEMBER 02, 1998 Carried. Carried. A RESOLUTION AUTHORIZING THE ISSUANCE OF $616,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE RECONSTRUCTION OF THE MYERS ROAD BRIDGE IN THE TOWN OF LANSING. At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 2nd day of September, 1998 at 7:00 o'clock p.m. PRESENT: Jeannine Kirby, Supervisor Jeffrey Cleveland, Councilman Herbert Beckwith, Councilman Paul. Butler, Councilman The following resolution was offered by Councilman Herbert Beckwith, who moved its adoption, seconded by Coumcilman Jeff Cleveland, to wit: WHEREAS, the Town of Lansing has entered into an Agreement dated August 19, 1997, with the County of Tompkins for the joint reconstruction and financing of the Myers Bridge in the Town of Lansing; and 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, the Town Board, by bond resolution dated November 19, 1997, authorized the issuance of $616,000.00 serial bonds of the Town of Lansing with a maximum maturity of the serial bonds not to exceed five years, which maximum period should have been twenty years, and WHEREAS, it is now desired to authorize the financing of such capital projects with a maximum maturity of the serial bonds herein authorized not to exceed twenty years; 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 purposes of paying the costs of the reconstruction of the Myers Road Bridge in the Town of Lansing, Tompkins County, New York, there are hereby authorized) to be issued $616,000.00 serial bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned among such costs of construction in accordance with the maximum estimated cost of the improvement. Pursuant to subdivision 10 of paragraph a of Section 1. 1.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the reconstruction of the Myers Road Bridge in the Town of Lansing, Tompkins County, New York, the aforesaid specific object or purpose is twenty years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed twenty years. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purpose is $616,000.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $616,000.00. 131 September 02, 1998, continued 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 10 of paragraph a. of Section 11.00 of the Local Finance Law applies to the specific object or purpose of the cost of construction set forth herein, and that the period of usefulness thereof is twenty 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 not exceed twenty 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. 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 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. 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 become 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 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 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 vote on roll call which resulted as follows: Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman 132 September 02, 1998, continued Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. TOWN ANNEX PURCHASED BY PAUL WELCH Mrs. Kirby informed the Board that Paul Welch has purchased the Town Hall Annex. Mrs. Kirby will have Mr. Welch attend the next Town Board meeting on September 16, 1998 and Mr. Thaler will draw up a new lease. runs through October 6, 1998. EXECUTIVE SESSION Mr. Welch will honor the current lease which RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 7:55 P.M. to discuss Town Personnel and the Budget. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith. RESOLVED, that the Executive Session be terminated at 8:40 P.M. and the Special Meeting be reconvened. Carried. BUDGET MEETINGS The Town Board will meet with Department Heads and hold Budget workshops on the following dates: September 9, 1998 - Wednesday at 7:00 P.M. September 15, 1998 - Tuesday at 7:00 P.M. Both meetings to be held at the Lansing Town Hall Board Room. Meeting adjourned at the call of the Supervisor at 8:55 P.M. Minutes taken and executed by the Deputy Town Clerk: 7 �7