HomeMy WebLinkAbout1999-02-03199
February 03, 1999
The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room
at 6:00 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 Absent
Councilman Present
Councilman Present
Town Clerk Absent
Deputy Town Clerk Present
Town Attorney Present
VISITORS: Pete Larson, Dave Herrick, George Totman and Katrina Greenly.
The Supervisor called the meeting to order and had the clerk take the Roll Call.
HIGHWAY SUPERINTENDENT - PETE LARSON
Mr. Larson addressed the Board with his concern with the damage on Drake Road. Mr.
Larson stated that on January 23, 1999 there was a truck accident on 34B in front of the
convenience store. The State Police detoured traffic over Drake Road. The traffic broke the
road up and he estimated the damage at $20,359.00.
Town Attorney Rich John recommended that Mr. Larson contact the Town Insurance and
they advised him that you could file a judgement through the Court of Claims.
After further discussion the following resolution was hereby adopted.
RESOLUTION, offered by Mr. Farkas and seconded by Mr. Beckwith:
WHEREAS, the Town Highway Superintendent has reported to the Town Board of the
Town of Lansing that a detour set up by the New York State Police on January 23, 1999, along
Route 34B sent traffic along Drake Road, including truck traffic in excess of the posted weight
limit for Drake Road, caused substantial damage to the road surface in the estimated amount of
$20,000, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town
Attorney to prepare notice to the State of New York of a claim by the Town of Lansing for
reimbursement of the cost of the road repair to Drake Road caused by the New York State Police
using it as a detour for truck traffic in excess of posted weight limit.
Vote of Town Board ... (Aye) Herbert Beckwith, 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
SALMON CREEK BRIDGE
Mr. Larson informed the Board that the County has scheduled a public hearing at 7:30
p.m. at the Lansing Town Board Room for a presentation on the replacement of Salmon Creek
Bridge. The County will advertise and send letters to surrounding homeowners.
WATER DISTRICT #7. EXTENSION #11
Mr. Herrick discussed the following:
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February 03, 1999, continued
At the December 16, 1998 meeting, the Town Board directed Mr. Herrick to review
Water District #7, Extension #I I to serve only Whipple, Moore, Ayers and Van Etten parcels
located at the eastern end of East Shore Circle. The residents are asking the Town to permit
individual service line extensions from the main on East Shore Drive in lieu of a Town -owned fl-
inch main. This approach constitutes a `Back Lot' district extension and is subject to the
Town's review policy. Mr. Herrick provided the Board with a copy of the policy. Mr. Herrick
evaluated the request against the policy and offered the following technical comments:
The four parcels all abut the boundary of Water District #7. To meet the policy
requirements each owner must deliver to the Town, evidence of an easement from their neighbor
for the water service. The service lines should stay outside of the East Shore Circle right -of- -way
but could run adjacent to it on private property.
There is approximately 325 feet of road to be included in the district extension, however,
as measured along the north side of East Shore Circle a conventional water main connected to
the Town main would be about 500 feet to reach the west property line of Whipple. In addition,
the highway crossing (by boring) needed to create a loop in the distribution system is at this end
of East Shore Circle.
There should be no negative hydraulic effects on the balance of the distribution system as
a result of these connections. Each line should be carefully sized though to minimize friction
loss which could create lower than expected residual pressures in the homes. Tube diameter
may need to be 1.5 inches.
Based on earlier studies it could cost $38,200 to extend an 8 -inch main to the west
property line of Whipple, including the highway boring. Installing four service lines, together
with jacking beneath the highway, may cost $28,100.
Mr. Herrick passed out a preliminary construction cost estimate for Option A: Water
Distribution Main Extension for a total of $38,200, and Option B: Water Service Extensions for
a total of $28,100.
After further discussion of the back lots Attorney John stated that this situation does not
seem to fit the reason the Board considered the back lot water district extension idea.
Mr. Cleveland stated that this was a hardship situation where they are totally out of
water.
After further discussion Attorney John will contact Audit & Control to see if the Town
could front the differential cost for an 8" main in the road right -of- -way and it would be a normal
water extension. The Town would front the difference in cost to the residents and if it was
extended the Town could be reimbursed. Mr. John will report back to the Board when the
information is received from Audit & Control.
WATER DISTRICT #174 EXTENSION NO.6
Dave Herrick passed out information on alternative 1 - extension from railroad to the
south line of 12.442.2 (Haring) The total estimated project cost would be $50,325.
Mr. Herrick stated that he is waiting to hear from the neighbors in the area. At that time
a time will be set to come to a regular board meeting to discuss the extension.
SALT POINT
Rich John informed the Board that he wrote to the DEC regarding land next to Myers
Park known as Salt Point. He indicated in his correspondence with the DEC that the Town
wants to move forward on an agreement. He received a response that Clifford Creech is retired
and Leslie Wedge is the regional fisheries manager. Leslie Wedge indicated that they are still
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February_ 03, 1999, continued
waiting for a draft plan or conceptual diagram to be submitted by the Town. Mr. Beckwith
stated that he was reasonably certain that one was submitted to the DEC. Mrs. Kirby will
contact Cheryl Nickel to see if she has the plans that were done. The letter also stated that the
DEC has been approached by friends of Salt Point who are interested in a similar agreement
with their organization and the DEC. The letter indicated that negotiations were ongoing with
the Town and the DEC should develop a joint plan for the use of the property. The DEC
proposes that a Committee be formed to meet that goal. The DEC is inviting a representative
from the Town Board to participate in the Committee. Other members will include a member
from the Finger Lakes Land Trust, DEC Conservation Law Enforcement, DEC Fisheries and
possibly others.
Jeffrey Cleveland will represent the Town on this Committee.
BAN FOR MYERS BRIDGE
BOND RENEWAL RESOLUTION
A RESOLUTION AUTHORIZING THE ISSUANCE OF $5929800.00 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 3rd day of February, 1999 at 7:00 p.m.
PRESENT: Jeannine Kirby, Supervisor
Jeffrey Cleveland, Councilman
Herbert Beckwith, Councilman
Stephen Farkas, Councilman
The following resolution was offered by Councilman Stephen Farkas, who moved its
adoption, seconded by Councilman Herbert Beckwith, 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, and by
resolution of correction of the maximum maturity date dated September 2, 1998, authorized the
issuance of $616,000.00 serial bonds of the Town of Lansing which bonds having a maximum
maturity of the serial bonds 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 $592,800.00 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 11.00 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
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February 03, 1999, continued
exceed twenty years.
Section 2. The aggregate maximum estimated cost of the aforesaid specific objects
or purposes is $592,800.00. The plan of financing the same consists of the issuance of said
serial bonds in the amount of $592,800.00
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 the 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 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.
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February 03, 1999, continued
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) Jeffrey Cleveland, Councilman
Vote of Town Board ... (Aye) Stephen Farkas, Councilman
Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor
The resolution was thereon declared duly adopted.
The Board discussed the County Youth Program. Mrs. Kirby stated that the Town Board
feels very strongly about having our own program. Mrs. Kirby stated that the only time funds
may be needed is for handicapped children since Lansing does not provide this service for
handicapped.
After further discussion the following resolution was hereby adopted.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland:
RESOLVED, that the Town Board of the Town of Lansing does hereby appoint Barbara
Barry to the County Youth Program with the understanding to be prepared by the Town
Supervisor. Said term to run from January 01, 1999 - December 31, 2001.
Carried.
APPROVE MINUTES
A copy of the minutes of December 31, 1998 and January 06, 1999 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. Cleveland:
RESOLVED, that the minutes of December 31, 1998 and January 06, 1999 are hereby
approved as submitted.
Carried.
Carried.
PUBLIC HEARING ON PROPOSED REZONING
Mr. Totman asked that the Board rescind their resolution made on January 20, 1999, to
schedule a Public Hearing on Proposed Rezoning for March 3, 1999 and requested that it be held
on March 17, 1999 instead.
After further discussion the following resolution was hereby adopted.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland:
WHEREAS, the Town of Lansing has received a request from a landowner within the
Town of Lansing for the consideration of rezoning a portion of property he owns along Warren
Road from Residential One to Industrial/Research and the Town Board has agreed to consider
this request, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby schedules a public
hearing for March 17, 1999 at 7:00 p.m. to receive information and public comment on the
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February 03, 1999, continued
proposed rezoning, and it is
FURTHER RESOLVED, that the Town Code Enforcement officer prepare all notices
to all affected landowners as required by the laws of the Town of Lansing, County of Tompkins
and State of New York.
Vote of Town Board ... (Aye) Herbert Beckwith, 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. John reviewed the resolutions with the Town Board for the annual meeting in New
York City that he will be attending on February 14th - February 17th.
Meeting adjourned at the Call of the Supervisor at 7:15 p.m.
Minutes taken and executed by the Deputy Town Clerk.