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Home My WebLink About1998-11-04151 November 04, 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 Herbert Beckwith Paul Butler Jeffrey Cleveland Stephen Farkas Bonita Boles Debbie Crandall Rich John ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Absent Councilman Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Sharon Bowman, George Totman, Don Hartill, Cliff Buck and Chris Nabinger. The Supervisor called the meeting to order and had the clerk take the Roll Call. PUBLIC HEARING FOR SPECIAL DISTRICTS BUDGET Proof of Notice having been furnished by the Town Clerk the Public Hearing on the proposed SPECIAL DISTRICTS for the Town of Lansing for the year 1999 was called to order at 7:00 P.M. All persons desiring to be heard, having been heard, Mr. Beckwith moved to terminate the Public Hearing at 7:05 P.M., seconded by Mr. Butler. Carried. RESOLUTION TO ADOPT SPECIAL BUDGET RESOLUTION ADOPTING SPECIAL DISTRICT BUDGET, offered by Mr. Beckwith and seconded by Mr. Farkas: RESOLVED, that the Lansing Water District No. 2, Ext. No. 2, No. 3, No. 8, No. 9, No. 10, No. 12, Ext. No. 1, No. 13, No. 14, No. 15, No. 17, No. 17 Ext. No. 1, No. 17, Ext. No. 2, No. 17, Ext. No. 3, No. 17, Ext. No. 4, No. 18 and Lansing Lighting District No. 1, No. 2 and No. 3 for the year 1999, are hereby approved and adopted. Vote of Town Board ... (Aye ) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Councilman Vote of Town Board ... (Nay) Jeannine Kirby, Supervisor LETTER FROM STATE COMPTROLLER'S OFFICE The Board along with Sharon Bowman discussed the letter from Patrick A. Carbone, Principal Examiner of Municipal Affairs of the Office of the State Comptroller, State of New York. The following observations concerning the Town of Lansing's review of the 1999 preliminary budget were given: Townwide General Fund revenue - Refund of Prior Year Expense (A -2702) Townwide general fund estimated revenues include $111,000 for repayment of sewer study costs paid in prior years from this fund. The actual receipt of this revenue is contingent 15.2 November 04, 1998, continued upon certain factors, the entering into an intermunicipal agreement among the town and several other municipalities; the establishment of sewer districts within the town; and the inclusion of these "first instance" costs in the approved sewer project capital budget. We noted that although similar estimates were included in the two previous years' budgets, revenues from this source were not received. In order to cover these revenue shortfalls, additional amounts from general fund surplus and county sales taxes were provided as funding sources. We caution the Town Board that if the factors noted above do not materialize in 1999, there may again be a revenue shortfall. If this happens, there may be insufficient alternative funding sources to cover the shortfall. We also point out that this repayment revenue, if/when received, is not a recurring revenue that will be available to fund recurring costs in future budgets. Keeping this in mind, the Town Board should reconsider this revenue estimate in the 1999 budget. Townwide General Fund Contingency Appropriation The preliminary budget as revised through October 16, 1998 included appropriations for contingencies aggregating $11,520 in the Townwide general fund. This is about 1.2% of total Townwide general fund appropriations. Town Law, 107(2) authorizes the Town Board to include an appropriation for contingencies not in excess of ten percent of appropriations, excluding debt service and judgements. While including an appropriation for contingencies in the Townwide general fund is permissive and not mandatory, its purpose is to provide the town with a cushion against unforeseen expenditures and/or revenue shortfalls. We believe that consideration should be given to possibly increasing the amount appropriated for contingencies. Mrs. Kirby stated that they were concerned about the grant that the Town received and receiving money from that this year. Mrs. Kirby and Mrs. Bowman informed them that there were funds coming from. Watch Tower and that they were quite confident it will be fulfilled. Mrs. Bowman stated that Mr. Carbone indicated that if the Town gets to the fourth quarter and we have not recognized these revenues, but we have received some written confirmation from the State of New York about the grant award, that the Town could in anticipation of that money, do a revenue anticipation note. Mr. Carbone did not recommend that the Town do a loan from the New York State Revolving Fund because the Town would have to pay this back. Mrs. Kirby and Mrs. Bowman stated that Mr. Carbone has been very helpful and good to work with. Mr. John stated that he has received papers from Wilkie Fan and Gallagher and Dave Allerdice has talked to them. Wilkie Farr and Gallagher has indicated that there was a way to do a bond resolution to pay the cost of planning in connection with the sewer. They have prepared documents for the Town to do that. Mr. John stated that David Allerdice was going to get in touch with Mrs. Bowman to see if this needed to be done in 1998 or 1999. Mrs. Bowman stated that this needed to be done in 1999 as a budgetary issue. After further discussion it was the consensus of the Board to wait to pass the bond resolution until after the first quarter in 1999. PUBLIC HEARING FOR PRELIMINARY BUDGET Proof of Notice having been furnished by the Town Clerk, the Public Hearing for the proposed Preliminary Budget was called to order at 7:15 P.M. All persons desiring to be heard, having been heard, Mr. Beckwith moved to close the Public Hearing at 7:16 P.M and seconded by Mr. Butler. Carried. 153 November 04, 1998, continued RESOLUTION TO APPROVE PRELIMINARY BUDGET RESOLUTION ADOPTING GENERAL FUND BUDGET, offered by Mr. Butler and seconded by Mr. Beckwith. WHEREAS, this Town Board has met at the time and place specified in the Notice of the Public Hearing on the General Fund Preliminary Budget and heard all persons desiring to be heard thereon; now therefore be it RESOLVED, that this Town Board hereby adopts such General Fund Preliminary Budget as the annual budget of this Town for the fiscal year beginning the 1 st day of January, 1999, and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board, together with the estimates, if any adopted pursuant to Section 202 -a, subd. 2 of the Town Law and deliver one copy to the Supervisor of this Town to be presented by her to the Board of Representatives of the County. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING HIGHWAY FUND BUDGET offered by Mr.Butler and seconded by Mr. Farkas: WHEREAS, this Town Board has met at the time and place specified in the notice of the Public Hearing on the Highway Fund Preliminary Budget and heard all persons desiring to be heard thereon; now therefore be it RESOLVED, that this Town Board hereby adopts such Highway Fund Preliminary Budget as originally compiled, as the annual budget of this Town for the fiscal year beginning the 1 st day of January, 1999, and that such budget as adopted be entered in detail in the minutes of the proceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk shall prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board together with the estimates, if any, adopted pursuant to Section 207 -a, subd. 2, of the Town by her to the Supervisor of this Town to be presented to the Board of Representatives of this County. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor Hook Up Fees in the Cherry Road Sewer District Mrs. Kirby questioned the $4,000.00 hook -up fees and what they are used for. Mr. John stated that these fees are for operation and maintenance within this district. Mrs. Kirby asked if these fees could be used when sewer is available. Mr. John stated the sewer lines that the Town has been collecting the money on has been dry for many years. It was unknown what the conditions of the pipes were and there had been no O &M collected because there were no users. These amounts were collected to fund and 154 November 04, 1998, continued and create an operations and maintenance account for the Town sewer system. Since there hasn't been any operations and maintenance expense it has been growing earning interest. Mrs. Kirby stated that the money was just sitting there waiting for sewer to happen. Mr. John stated that it does apply to the sewer that is in place now. Mrs. Kirby asked to have the resolution clarified. Mr. John stated that the resolution does clarify what the money is to be used for, as he stated above. The original resolution was passed on June 30, 1993. Mrs. Bowman stated that what the Town was looking for was to maneuver the money over into the general fund to recoup the $111,000 for repayment of sewer study costs, but this could not be done. Senior Exemption The Town Board discussed and passed a resolution increasing the senior exemption. (It was later discovered that the Town Board needs to hold a Public Hearing and this will be done at the next regular meeting. Disabilities Exemption Mrs. Kirby stated that the disability exemption is something new this year. The Town Board members were given copies of this information pertaining to this exemption. They will review it and discuss it at the next regular meeting. Discussion on Bolton Point Water Rates Mrs. Bowman has faxed the information to Dave Herrick, Town Engineer. The Board will wait for Mr. Herrick's recommendation and discuss it at the next regular meeting. Constables Insurance Coverage Mr. John discussed the Constables Insurance Coverage with the Town Board. After further discussion Mr. John will have John Bailey give him a report concerning the insurance coverage and report back to the Board at the next regular meeting. Lakeview Subdivision Road Guarantee Mr. John reported to the Board on behalf of Mr. Larson on the Lakeview Subdivision Road guarantee. Mr. Larson has written to the developer in regards to a couple of soft spots in the road and has not received a reply. Mr. John then wrote a letter to the developer and to this date has not received a reply. After further discussion it was the consensus of the Town Board to have Mr. John write a letter to the developer stating that the Town Board is considering the step of not issuing building permits until a response is received. Mr. John will set a time limit on a response. Mr. John discussed the Bolton Point Road Rip -Rap with Mr. Larson and the Town Board. Mr. Larson has stated that the amount of rip rap is not sufficient due to a tree being in the way. Mr. Larson and Mr. Herrick 5s major concern was that the tree could fall over and cause problems. Mr. Larson stated that the same amount of rip rap would need to be put in at a cost of $4,000.00. The other alternative would be to remove the tree and put rip rap in place at a cost of $500.00. It is Mr. Larson's recommendation to remove the tree and put in rip rap at a cost of L 155 November 04, 1998, continued $500.00. The Board agreed with Mr. Larson's recommendation and authorized Mr. John to write a letter to Mr. Orear's attorney explaining the situation and try to get him to do this. Autumn Ridge Road Extension Mr. John reported that he has received the papers on the Autumn Ridge Road Extension. Mr. John has written a letter to Peter Grossman outlining all of the issues that needed to be addressed. Mr. John stated that W. Larson indicated he would like to see the papers. After further discussion the Board will wait to see what progress has been made and will put it on the agenda in two weeks for the next regular meeting. Cayuga Vista Drive Rich John informed the Board that he has written Randy Marcus outlining the drainage area and the concerns that remain. After further discussion the following resolution was hereby adopted. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas: WHEREAS, the Town Board of the Town of Lansing has received a request from the developer for the dedication of Cayuga Vista Road and the extension of Woodsedge Drive as a part of the Lansing Business and Technology Park, and WHEREAS, the Town Highway Superintendent, Town Engineer and Town Attorney have performed the inspections of the roads and reviewed the legal documentation for the transfer of the roads to the Town, and have approved the condition of the roads and the legal description thereof, and WHEREAS, as a part of the acceptance and dedication of the roads by the Town, there are additional issues regarding the transfer of a drainage easement to the Town that are not yet resolved, and WHEREAS, the Town Board of the Town of Lansing wishes to accept the dedication of the Cayuga Vista Road and the extension of Woodsedge Drive to the Town of Lansing at this time so that the roads may be opened to traffic and the Town may issue building permits within the Lansing Business and Technology Park, therefore, it is RESOLVED, that the Town Board of the Town of Lansing accepts the dedication of Cayuga Vista Road and the extension of Woodsedge Drive to the Town of Lansing, pursuant to the following conditions: approval and acceptance of the related drainage easement by the Town Attorney, Town Engineer and the Town Highway Superintendent, and subject to a one year guarantee of the roads by the developer, such guarantee to run from the time of acceptance and recording of the deeds for the roads, and it is FURTHER RESOLVED, that until the drainage easement is accepted by the Town Attorney, Town Engineer and Town Highway Superintendent, the Town Code Enforcement Officer shall be authorized to grant building permits for new construction, but shall not approve any Certificates of Occupancy within the Lansing Business and Technology Park until the drainage easement is accepted by the Town. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor Meeting adjourned at the call of the Supervisor at 8:00 P.M. Minutes taken and executed by the Deputy Town Clerk.