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HomeMy WebLinkAbout1999-01-20192 January 20, 1999 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeffrey Cleveland Councilman Present Stephen Farkas Councilman Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: George Totman, Matt Shulman, Pete Larson, Dave Herrick, Pat Conlon, Bernard Thoma, Lori West, Mike Smith, Matthew Morse, Ben McLaughlin, Adam Littman, Charles Scott, Judy Bandas, Jane Sheldon, Zac Deuorto, Iain Osgood, Muhammad Zamir, Jon Noel, Karen Berger, Weirui Zhng, Connie Wilcox, Edward Wilcox, Anita Sullivan and about five other residents. The Supervisor called the meeting to order and had the clerk take the Roll Call. Mr. Larson informed the Board of the following: AGREEMENT TO SPEND HIGHWAY FUNDS The Town Board Members signed the following 1999 Agreement to Spend Town Highway Funds as follows: 1999 AGREEMENT TO SPEND TOWN HIGHWAY FUNDS TOWN OF LANSING COUNTY OF TOMPKINS Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected for the repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS: The sum of $250,580 may be expended for general repairs upon 91.08 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. IMPROVEMENTS: The following sums shall be set aside to be expended for the improvement of town highways: (a) On the road STORM RD (entire) a distance of 1.34 miles to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of $55,913 (b) On the road HILLCREST RD (entire) a distance of 1.45 miles to pave with hot mix asphalt, there shall be expended not over the sum of $531253 (c) On the roads STORMY VIEW DR, BEAN HILL LN, FOREST ACRES DR, SKYACRES DR a distance of 1.32 miles to pave with hot mix asphalt, there shall be expended not over the sum of $83319 (d) On the road EMMONS RD (entire) a distance of 1.18 miles to pave with cold mix asphalt, and surface treat with stone/oil there shall be expended not over the sum of $487237 (e) On the road AUTUMN RIDGE CIRCLE (original part) a distance of .40 miles to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of $163691 193 Continued, January 20, 1999 (f) On the road BUSH LANE a distance of .68 miles to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of (g) On the road DANDYVIEW HGTS a distance of .20 miles (h) On the road BECKWITH LANE a distance of .10 miles (entire) to pave with cold mix asphalt, and surface treat with stone/oil there shall be expended not over the sum of (entire) to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of (I) On the road NEWMAN RD (entire) a distance of 1.29 miles to surface treat with stone /oil, there shall be expended not over the sum of (j) On the road BROOKS HILL RD a distance of .65 miles (k) On the road SMUGGLER'S PATH a distance of .23 miles (1) On the road WATERVIEW HGTS a distance of .31 miles (m) On the road TEETER RD a distance of .22 miles (entire) to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of from Teeter Rd to Reach Run to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of (entire) to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of (Waterview Hgts to Smugglers's Path) to pave with cold mix asphalt, and surface treat with stone /oil there shall be expended not over the sum of $28,078 $ 8,346 $ 4,173 $11,354 $27,122 $ 9,598 $12,936 $ 9,180 SUMMARY: (1) GENERAL REPAIRS: $250.580 (2) 9.37 miles IMPROVEMENTS: $368,000 Mr. Larson stated that they had started to clean out the swimming area at Myers Park. Mr. Totman reported the following: MONTHLY REPORT: He presented his monthly report and stated that he was up 25 permits and also up approximately 2 million dollars from last year. CAR QUEST: Car Quest has moved into the old Auto Mart store on the corner of Peruville and North Triphammer Road. He said the building will be double the size of the old Auto Mart. Mr. Totman informed the Board that a person who is zoned R2 wants to sell some land and put a mobile home on it. He would like the Board to think about this and will bring it up at a later date. Mrs. Kirby will schedule a meeting and invite a representative from the Tompkins County Fire & EMS Service to explain the Emergency Communications Network. A copy of the minutes of December 16, 1998, having been furnished to the Board 194 Continued, January 20, 1999 Members, 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. Farkas: RESOLVED, that the minutes of December 16, 1998 are hereby approved as submitted. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the following Audits are hereby approved for payment: ABSTRACT NO. 13 - 12/31/98 VOUCHER NUMBERS 1093 -1139 PREPAY VOUCHER NUMBERS 1093 -1095 FUND TOTAL APPROPRIATIONS General 385771.95 Highway 185988.11 Lansing Water Districts 2,976.40 Town Hall Project 340.00 ABSTRACT NO. 14 - 12/31/98 VOUCHER NUMBERS 1140 -1157 FUND TOTAL APPROPRIATIONS General Highway Lansing Lighting Districts 1,965.93 12,643.70 1,311.00 ABSTRACT NO. I - 1/20/99 VOUCHER NUMBERS 1- 45 PREPAY VOUCHER NUMBERS I - 3 FUND TOTAL APPROPRIATIONS General Highway Lansing Water Districts Agency & Trust 21,634.25 3,918.46 2,367.11 2,000.00 Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board.. . (Aye) Jeffery Cleveland, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor BOND ANTICIPATION NOTE RENEWAL RESOLUTION Dated January 20, 1999 A RESOLUTION AUTHORIZING THE ISSUANCE OF $131,810.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE PURCHASE OF HIGHWAY EQUIPMENT, BEING TWO TEN WHEEL DUMP TRUCKS, TWO WING TOWER PLOW UNITS AND TWO BOX/SPREADER UNITS. 195 Continued, January 20, 1999 At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 20th day of January at 7:00 o'clock p.m. PRESENT: Jeannine Kirby, Supervisor Jeffrey Cleveland, Councilman Paul Butler, Councilman Stephen Farkas, Councilman Herbert Beckwith, Councilman The following resolution was offered by Councilman Jeffrey Cleveland, who moved its adoption, seconded by Councilman Herbert Beckwith, 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; 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 purchase of certain highway equipment, being two ten wheel dump trucks, two wing tower plow units and two box/spreader units, for the Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued $131,810.00 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 two ten wheel dump trucks, for which, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; b) The purchase of two wing tower plow units, for which, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; C) The purchase of two box/spreader units, for which, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $131,810.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $131,810.00. 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 the 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. 196 Continued, January 20, 1999 Section 4. It is hereby determined that subdivision 29 of paragraph (a) of Section 11.00 of the Local Finance Law applies to the specific object or purpose of the purchase of the equipment set forth herein, and that the period of usefulness thereof is ten 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 five 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 the 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: Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board. (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Stephen Farkas, Councilman (Aye) Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. 1.9 7 Continued, January 20, 1999 WATER DISTRICT NO. 12, EXT. is Mr. John explained that there is some question regarding the breakdown for town charges in this water district. He stated that nothing can be done until the agreement is signed by all parties. He will check into this and get back to the Board. PUBLIC REARINGo WATE XX9 INU. no Proof of Notice having been furnished, the Public Hearing regarding Water District No. 17, Ext. No.5 was called to order at 7:30 p.m. Mr. Herrick went over the boundaries with all parties present. Some questions brought up were as follows: Connie Wilcox: Half of the surveys sent out have not been returned so how can the Board look at a HUD Grant at this time? She stated that she DOES NOT want to be in the District at all and did not feel she should be responsible for financially helping those who did want the district. She also felt the Board should put this to a referendum vote. Jane Sheldon: Did not look like half do not want it. Councilman Steve Farkas: Was NOT happy with the number of responses to the survey and would be uncomfortable making a decision based on only 26 responses. Bernard Thoma: Felt the Town would need a commitment of financial backing before applying for a HUD Grant. He also felt the Town should go back to the original boundaries and start by trying to a receive a better letter from the Tompkins County Health Department. This should also include results of water tests done in the area. After some discussion, it was the consensus of the Board to go back to the original HUD district and basically start over. On motion the Public Hearing was closed at 8:13 p.m. and the following resolution was adopted: WHEREAS, the Town Board of the Town of Lansing having held an informational session and a public hearing with the affected residents of a proposed water district extension along Algerine Road, Ludlow Road and Lansing Station Road, referred to as Water District No. 17, Extension 5, and WHEREAS, the Town Board of the Town of Lansing has submitted a grant request to the United States Department of Housing and Urban Development for financial assistance for Water District 17, Extension 5, which request was denied in 1998 with the possibility of it being funded upon resubmission, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes Thoma Associates to prepare and resubmit the HUD grant application for Water District 17 Extension 5. 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) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor Mr. Herrick reported on the following: LAKE RIDGE WATER DISTRICT: Ron Ronsville and Fred Stone have indicated that they would like water. They will 198 Continued, January 20, 1999 contact the other landowners in their area. Mr. Herrick will put together a quick cost estimate for them to take to their neighbors. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:41 p.m. to discuss the Ottenschott situation and a letter from Mr. Perkins. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas: RESOLVED, that the Executive Session be terminated at 9:09 p.m. and the Regular Meeting be reconvened. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: WHEREAS, the Town of Lansing has obtained a judgement in the Town of Lansing Court for a violation of the Town of Lansing Junkyard Ordinance against Martin Ottenschott, the owner of property located in the Town of Lansing on Route 34B at 17 Ridge Road, and WHEREAS, the Town Board of the Town of Lansing has determined, after due consideration, that the Town of Lansing must take such steps as necessary to bring this property into compliance with the Town of Lansing Junkyard Ordinance, including legal action in the Supreme Court of New York State, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the Town Attorney to proceed with such legal actions as necessary to bring the property located in the Town of Lansing on Route 34B at 17 Ridge Road, owned by Martin Ottenschott, into compliance with the Town of Lansing Junkyard Ordinance, including legal action in the Supreme Court of New York State. 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) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Town Board of the Town of Lansing will hold a Public Hearing regarding a correction in the Zoning Ordinance. Said Public Hearing will take place at the Lansing Town Hall Board Room at 7:00 p.m. on the 3rd day of March, 1999. Vote Vote Vote Vote Vote (Note: The of Town of Town of Town of Town of Town ibove res Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) solution was rest Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Stephen Farkas, Councilman Jeannine Kirby, Supervisor Minded at the February 3rd, 1999 Special Meeting) On motion, meeting adjourned at the call of the Supervisor at 9:26 p.m.