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HomeMy WebLinkAbout1999-05-19236 REGULAR BOARD MEETING The Lansing Town Board met in Regular Session at 7:00p.m. at the Lansing Town Board Room on May 19, 1999 with Supervisor Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Stephen Farkas Bonita Boles Richard John ROLL CALL Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney Present Present Present Present (7:30p.m.) Present Present Present VISITORS: Pete Larson, Dave Herrick, Matt Shulman, Andy LaVigne, Kim Davis, Dave Hardy, Robert Tallman and his associate, Nancy Stage, Martha Stage, Pat Conlon, Viola Mullane, Mahlon Perkins, Mary Krizek, Dorothy Krizek, Richard Krizek and Greg Valentine. The Supervisor called the meeting to order and had the clerk take the Roll Call. The Public Bid Opening for a new Town Hall, having been advertised, was called to order at 7:00 p.m. The bids were as follows: GENERAL CONTRACTOR Contractor Base Bid w /Alternate Paul Yaman Construction 6545500.00 - 20,000.00 S &W General Contractors of Tioga, Inc. 649,000.00 - 25,000.00 DJC General Contracting 7895000.00 - 25,000.00 Lomma Contracting Co. 69200.00 - 23,000.00 Welliver- McGuire, Inc. 604,000.00 - 14,000.00 P.S. Griswold Co., Inc. 6875117.00 - 20,000.00 Joe Orlando & Son Contracting, Inc. 5915000.00 - 36,000.00 ELECTRICAL Blanding Electric 89,500.00 Knapp Electric Inc. 725500.00 Matco Electric Co., Inc. 87,343.00 Panko Electric & Maint. Inc. 89,650.00 Nelson Electrical Contracting Corp. 793500.00 Shisler Electrical Contractor, Inc. 76,750.00 Patricia Electric, Inc. 90,000.00 Dittco Electric, Inc. 77,890.00 MECHANICAL DWB, Inc. Siracusa Mechanical, Inc. Sure -Temp Co., Inc. Kimble, Inc. Daniel J. D'Amico Plumbing & Heating Woodcock & Associates, Inc. G.J. Adams Plumbing, Inc. HMI Mechanical Systems, Inc. Airtech Heating AC Systems, Inc. LaFrance Plumbing & Heating Plumbing Heating 55,750.00 58,149.00 79,000.00 69,500.00 119,500.00 555700.00 139,000.00 123,600.00 45,875.00 109,269.00 115,700.00 46,906.00 On motion, the bid opening was terminated at 7:30 p.m. 237 Continued May 19, 1999 Mr. Tallman will review all bids and get together with the Supervisor as soon as possible. Mr. Larson reported the following: Started paving and has finished Autumn Ridge Circle. Will go to Cayuga Highlands and Bush Lane. Will then work in the gravel roads and the drainage at the intersection of Bean Hill Lane and Hillcrest. 2. Contract with Village of Lansing to share Water Repair Responsibility: Mr. John has gone over said contract and felt everything was in order to be executed. RESOLUTION, offered by Mr. Farkas and seconded by Mr. Beckwith: WHEREAS, the Town Board of the Town of Lansing has received a proposed contract from the Village of Lansing creating an agreement between the municipalities to allow the repair work of the water systems in the Village of Lansing to be performed by the Town Highway Department upon a request being made by the Village of Lansing for such work to be performed, and WHEREAS, the Town Board of the Town of Lansing having determined that it is in the interests of both the Town and Village of Lansing to enter into such an agreement having been reviewed by the Toiwn Attorney and the Mown Highway Sllperintclldent, and the 'fawn Board having deliberated thereon, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the Town Supervisor to enter into the proposed agreement for water systems repairs in the Village of Lansing to be performed by the Town Highway Department. Vote of Town Board. I . (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 Said Agreement reads as follows: AGREEMENT Concerning Water System Repairs and Maintenance THIS AGREEMENT is made this 19th day of May, 1999, by and between the VILLAGE OF LANSING, a New York municipal corporation having offices at 2405 North Triphammer Road, Ithaca, New York 14850 (the "Village "), and the TOWN OF LANSING, a New York municipal corporation having offices at 159 Auburn Road, Lansing, New York 14882 (the "ToNvn "). ` WHEREAS, the Village owns a water distribution systern within its boundaries (the "Village Water System "), which Village Water System is supplied by the facilities of the S,juthern Cayuga Lake Internrunicipal Water Commission ( "Bolton Point "); and WHEREAS, the Village and the Town are both member municipalities of Bolton Point; and WHEREAS, from time to time the Village finds it necessary or appropriate to perform repairs and /or maintenance to the Village Water System, but the Village ordinarily does not maintain the manpower or the equipment to perform this work itself and has in the past contracted for these services; and 238 Continued May 19, 1999 WHEREAS, the Village and the Town desire to establish an arrangement where by the repair and the maintenance of the Village Water System may be performed by the Town in accordance with the term set forth in this Agreement; NOW THEREFORE, for the good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the Village and Town hereby agree as follows: 1. The Village shall notify Bolton Point that in the event that any work is necessary on the Village Water System, Bolton Point shall contact the Village concerning the need to perform such work. In the event that the Village is unable to perform such work itself, the Village may contact the Town in order to arrange for the Town to perform such work. In the case of each instance that work needs to be performed on the Village Water System, the Village shall determine, in the Village's sole discretion, whether or not to engage the Town to perform such work. 2. In the case of each job to be performed under this contract Agreement, the Village shall notify the UFPL, as required in accordance with applicable UFPL rules and regulations, prior to commencement of any excavation, unless Bolton Point has notified the UFPL prior to contacting the Village of Lansing concerning the necessary work. Once the UFPL has been notified, if Bolton Point or the Village determine that the work should proceed immediately, and prior to receipt of UFPL authorization to proceed, the decision to proceed without UFPL authorization shall be made by whichever of Bolton Point or the Village has contacted the UFPL. If work proceeds without UFPL authorization, and if in the course of the work any utility line is cut or otherwise damaged, the entity that has made the decision to proceed without UFPL authorization shall be liable for any damages resulting from such line having been cut or otherwise damaged. 3. In the event that work to be performed under this Agreement shall require the removal of any landscaping, trees or brushes on private property, the Village shall notify the property owner concerning the need for such removal. In the event that any work performed in accordance with this Agreement results in the necessity to restore the surface of the site of the work, the Village shall perform such restoration at the Village's expense, including the installation of any necessary topsoil and seeding of the site. 4. In the event that material is excavated from the site of work performed in accordance with this Agreement, the Village shall make a reasonable effort to provide a site for dumping such material. If the Village cannot identify a dump site, the Town shall dump the excavated material at the Town's highway maintenance facilities, or suclt.other location as dumping of such material is permitted in accordance with all applicable laws and regulations. 5. The operator of any equipment used in connection with performance of the work under this Agreement shall be responsible for any damage to such equipment or any repairs or maintenance required to be performed on or to such equipment as a result of its use in performing such work. 6. 'File Village shall provide appropriate traffic control measures, such as flagging, as necessary for the work in accordance with this Agreement during regular business hours. For work performed in accordance with this Agreement outside of regular business hours, the Town shall take all usual reasonable precaution for traffic control in the vicinity of the work site. 239 Continued, May 19, 1999 7. The Town shall bill the Village for work performed in accordance with this Agreement for labor, calculated at the standard or overtime labor rate, as the case may be, then in effect for Town laborers. The Town shall deliver to the Village by January 31st each year a schedule of the Town's labor rates for such calendar year. The Town shall not charge any fringe benefits for laborers to the Village. 8. In the event that any materials are required in order for the Town to perform the work under this Agreement, (a) such materials shall be provided by the Village, or (b) if the Village is not able to provide such materials, obtained by the Town from vendors with whom the Village has an account and billed directly by such vendor to the Village, and (c) if the Village is not able to provide such materials and no vendor with whom the Village has an account is. able to provide such materials, then the Town shall purchase such materials and bill the Village for such materials at the Town's cost for same without surcharge or markup. 9. In the event that any parts are necessary in order for the Town to complete the work on the Village Water System to be performed under this Agreement, such repair parts shall be provided by Bolton Point, and the Village shall pay Bolton Point directly for such parts. 10. The Town shall not charge the Village for use of equipment or machinery in connection with performing work under this Agreement, and the Town shall not collect any administrative charges in connection with work performed hereunder. 1 1. Within ten (10) days of completing a job performed in accordance with this Agreement, the Town shall deliver to the Village a repair order for such job. The Village shall pay the charges set forth on such order at the Village's next audit cycle. 12. This Agreement shall be effective upon the date set forth above. This Agreement shall remain in effect for a period of one (1) year from its commencement, and the term of this Agreement shall be renewed automatically for successive one (1) year periods unless either party has delivered to the other, not less than ninety (90) days prior to the expiration date of the then current term, written notice of termination of this Agreement. Either party may terminate this Agreement upon ninety (90) days notice to the other. 13. This Agreement is the entire Agreement between the Village and Town concerning the sfibject matter hereof No prior representation or agreement shall be binding upon the parties, other than as set forth herein, and no modifications of this Agreement shall be binding unless in writing and executed on behalf of the party to be bound. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. (All Board Members signed said Agreement) Mr. Herrick reported the following to the Board: FRANKLIN AND MAPLE DRIVE AREA: In response to the petition that was submitted for water, Mr. Herrick gave the Board a copy of a document that was put together regarding this area in January of 1997. `�40 Continued May 19, 1999 (Said document was an application to the New York State Drinking Water Revolving Fund) In 1997, Peruville Road residents were included in the survey. Mr. Herrick stated that if these people were removed it would end up costing more as nine dwelling units would be lost. Mrs. Kirby will invite the residents of this area to the June 2, 1999 meeting at 7:30 p.m. Mr. Beckwith will contact Mrs. Linda Caliel to discuss the possibility of applying for a HUD Grant, EAST SHORE CIRCLE WATER. Mr. Herrick has discussed the situation with Audit & Control. He stated that this could be declared "excess facilities" and then be reimbursed later when a developer decides to develop the empty land. It was decided by the Board to invite the residents to the June 2 "d meeting (6:30 p. in.) GEORGE TOTMAN'S MONTHLY REPORT: Mrs. Kirby presented the Board with copies of Mr. Totman's monthly report and stated that he was up about two million four hundred and forty dollars and 15 permits ahead of last year. REZONING A SECTION OF WARREN ROAD. Nancy Stage read the following letter to the Board: Date: May 19, 1999 To: The Town of Lansing Board from: Nancy J. Stage — Resident/Property Owner Re: The John Stevens's property between Warren and Hillcrest Roads in the Town of Lansing under consideration for re- zoning from R1 to IR. Please allow me to emphasize,one more time my opposition to the re- zoning of the John Stevens' newly subdivided property (Oct. 22, 1998) adjoining my residence at 39 Ilillerest Road. L To quote a Board Member, "it is unlikely that Lot 3 will be sold for residential development" was given as a reason to re -zone it from R1 to L /R. .John Stevens' desire to obtain a new zoning classification of Industrial /Research to make his property "more" marketable (more'valuable) serves him well but it is not a legitimate premise under which this change should be effectuated. Re- zoning under these circumstances gives preference to one property owner at the expense of another and over the objections of the neighborhood residents. One contiguous property owner probably has more of an investment in a sole residence at stake than Mr. Stevens has outstanding in Lots 2 and 3 combined? 2. What is the understanding that Mr. Perkins referred to in his letter to George Totman of January 18, 19999 Did this understanding enable Mr. Stevens' to list his residential Lot 3 at S 225,000.00 (a commercial versus rc ;idcntial asking price) in Nov., 1998? 3. "There is more than one residential parcel that would be impacted by the zoning change as evidenced by the protests registered at the public comment meetings. 2q1 Continued May 19, 1999 4. As a resident property owner I favor the Comprehensive Land Use Plan as adopted on ,July 1, 1998 and especially the RI classification of the property under review. The market place and the neighborhood have not changed substantially since the Plan's adoption and thus re- zoning from R1 to IR is not called for. To change the zoning negates the direct and implied citizen support for the current designation of R1. 5, Existing utility line easernents in conjunction with the I/R designation will require a minimum 60' front lot -line set back and force a development foot print much closer to the back lot -line creating a burdensome intrusion to the existing residence at 39 Hillcrest Road. Lot 3 is not deep enough to allow for appropriate berm development at the front and rear of the lot. 6. Warren Road — County Highway 121 starts to narrow at the beginning of Mr. Stevens' Cast property line (1981 easement). Obviously the County/State did not envision Lot 3 on Warren as similar to the more industrial development to the East. If Lot 3 is re -zoned to IR a burdensome and dangerous traffic pattern will result. 7. The IR developments South of the proposed site all have very significant set- backs on very deep lots preserving and protecting the rural /residential atmosphere on the West side of Warren Road North of Route 13. Information from Viola Miller (long time Planning Board Member) contradicts Mr. Totman's assertion that the Planning Board intended to have like zoning on both sides of Warren Road. She further indicates that the County Property zoned I/R is zoned I/R in error as the land is designated as forever vacant as an approach to Tompkins County Airport, 8. The only IR classification on the narrowed section of Warren Road is the Dutch Mill Road Industrial Park, a park development where no industrial, commercial or- research concerns FRONT on Warren Road. The configuration of Lot 3 demands that any building Front on Warren Road. It does not appear this parcel is large enough to accommodate a park development. Thus the like properties on either side of Warren Road argument is not applicable in effectuating a zoning change to 1 /11. 9. There is a residence just to the South of the existing Industrial Park which indicates that residential development exists and is compatible within 100 feet of what already exists and demonstrates further residential development is possible. In fact five (5) new single family /owner occupied residences have been built within .5 mile of Lot 3 since 1993. This refutes the public statement that all residential development is taking place in North Lansing. 10. Additional health and safety concerns include the quality of my existing well water upon which I am dependent and the impact of sewer drainage given that the water table is at or near the surface ten months out of the year. Run off from Lot 3 is predominately across my property to the ditch on Hillcrest. The site is very wet even supporting a healthy crop of cattails. Industrial /Research sewage disposal is a major safety concern in comparison to residential sewage disposal. 1 1. Currently light, noise, and other environmental factors are at an intrusive level and any further Industrial /Research development would adversely affect residential property values including my residential ro ver which has been Improved significantly over the last five years, and adjoining neighbors on Hillcrest and Warren Roads. I do not believe John Stevens has any intention of developing Lot 2 for his personal use explaining his perception that only one residential parcel would be affected by a re- zoning to I /R. 12. An appraiser has indicated that I stand to suffer a significant decrease in the market value of my property if Lot 3 is re -zoned I /R. I have improved this 242 Continued May 19, 1999 13. property well into the six figures over the last rive years. It was suggested that I purchase Mr. Stevens' Lot 3. I am not able to do so given the extent of improvements I have already made to 39 Hillcrest Road and by extension to the surrounding properties. It was also publicly suggested that existing residences could be demolished and replaced by I/R structures. 39 Hillcrest Road is my primary and only residence. I am not in a position (now or in the foreseeable future) to relocate :and raise the residence at 39 Hillcrest Road (my home) to sell the lot as I /R. The 1/R market (specifically the existing I/R Park) is not saturated. The demand is not evident for yet another I/R lot as 4 lots are currently for sale in the Park. 14. Mr. Stevens' Lot 3 is surrounded by Residential Property (111): 16 on the West by my residence (Rl) and Mr. Stevens' new Lot 2 (RI) 2* on the South by the historical 1918 home and the LaBar's Residential Property (R1) — even though it is zoned IR (perViola Miller a mistake made at the time the County purchased a portion of their property for the vacated airport approach) 3* on the North by the Krizek's 25 acres of (111) 4* on the East Warren Road V2 R1 and ''V2 L/R providing an effective boundary to the Residential Neighborhood. 15. 100% of the contiguous property owners and a majority of the neighbors protested this change in writing. No one spoke in favor of Mr. Stevens' request. 16. This specific re- zoning request has been denied twice previously. 17. A Board Member mentioned that Mr. Stevens' property hadn't received and offers for residential development in at least 10 years. Has Mr. Stevens actively marketed the property at a realistic selling price for a residential lot? I do not recall any signage until six months ago on either Lot 2 or 3. Thank you for your consideration. Mr. Beckwith stated that he had discussed the re- zoning possibility with the Tompkins County Assessment Board and that they were more concerned with the way it is right now with the possibility of rental units or condominiums going in. The Assessment felt this would be more detrimental to the surrounding homes than possibility a transition type business. Mrs. Stage stated that she lived in a city with a very strong Planning Board that was very careful about what kind of multi- family dwellings went into boundary areas and controlled those very specifically with landscaping and numbers (size of multi- dwellings that went in). She stated that she would prefer this option. Mr. Krizek stated that the Town Board should respect the Planning Board's decision. Mr. Pat Conlon stated that any change from residential would adversely affect Nancy Stage's property. He asked the Board Members how many had visited the site and stated that Lot 9 3 a narrow lot which does not give much space on the south end of the lot. He felt that any non - residential unit would affect the surrounding properties. Viola Miller stated the following: Normally a change in the zoning is brought about when someone comes to a board with a very "REAL" project that would fit the area and work into the area at which time a change can be made and probably one that would be acceptable to all the neighbors. She did not feel that Mr. Stevens has brought a reasonable request to the Board to change the zoning until lie can come up with a project that the neighbors would like to see. She also stated that a mistake was made regarding the LaBar property as it is classified as Industrial land and that it is CLEAR ZONE LAND, not Industrial, therefore it cannot be used to put ANY type of building on it. 1 243 Continued May 19, 1999 Mr. Conlon asked if there was site plan review in the I/R Zone. Mrs. Kirby stated that site plan review could be used in this situation and felt the Board would definitely do so along with a P.D.A. Mr. Conlon stated that the subdivision survey map stated inside the parcel, "proposed 5.26 acre parcel to be re -zoned Industrial ". He stated that Mr. Totran's stamp was on this map as it was a subdivision of two (2) parcels. He stated that the map was dated May 18, 1989 and that Mr. Totman's stamp was dated October 22, 1998. Ile asked: 1. Does Mr. Totman work from an eleven year old map when he approves one lot subdivisions? 2. How can "pending zoning" be put on a survey map? 3. George's letter of February 9, 19991 to the County Planning Department stating that it was an oversite by the Planning Board and was incorrect. He stated that at NO time was this lot ever considered to be changed. He stated that lie REALLY objected to Mr. Totman's statement. 4. John Stevens was one of the most vocal opponents to the Business Park. This is a classic case that anyone in the room would do the same thing if we were an owner- occupied resident as Mr. Stevens was when a development tried to go into a residential neighborhood. Once lie became a nonresident owner, lie became an investor and a speculator. Ile felt it was morally wrong and did not believe that the Board, in good conscience, could vote in Mr. Stevens favor. Mrs. Miller informed Mr. Richard John that the airport land is zoned I/R which is incorrect and it should be Clear Zone Land which is the land south of Hillcrest, in the corner. This restriction was made at the County level when the land was purchased. (The County took three (3) parcels at this time by emanate domain). Mr. Jolm felt it was very important to find out exactly what this land is zoned before the Board makes a decision. Mr. Conlon suggested taking the I/R land adjoining the parcel on the south, which is the LaBar land and the house next to them, along with Mrs. Stage's and Mr. Stevens parcel and sell it all together. In the mean time, he stands to opposing the re- zoning of the parcel in question. Mr. Greg Valentine, a Corporate Pilot stated that the north west corner of Warren and Cherry Road may be in the Clear Zone. Mr. Perkins stated the following: a) A multi- family dwelling, apartment or condenimium does not require a site plan review in R/1. b) The five new residences that Mrs. Stage refereed to were not on Warren Road. c) The more desirable part of the property is more to the north, therefore being farther away from the Stage property. d) Any development of the Stevens property would be an impact. e) Need to have an appraisal of the property before and after. The project itself will dictate whether or not there will be an impact. 1) An individual ought to be able to do with his property what lie wants. g) Ile urged the Board to approve the proposed re- zoning of his client's parcel. NIr. Perkins submitted the following letter: May 14, 1999 Jeannine Kirby, Supervisor Town Board Members Town of Lansing Box 186 Lansing, New York 14882 RE: Application of John Stevens for Re- Zoning Property on Warren Road Dear Supervisor Kirby and Town Board Members: Please allow this letter to respond to some of the comments which we heard at the "]own Board Meeting on May 5, 1999. 24-4 Continued May 19, 1999 The record is clear that Mr. Stevens had always intended his property to be re- zoned to IR following the change of the zoning across the road in connection with the Dutch Mill Road project. Mr. Stevens' porperty is now bordered on the south and east by an IR zone and the re- zoning of his property to that classification is a very small step in the eyes of the master plan. We do not believe that a soluiton to this problem is to ask a future buyer of the property to make application to the Zoning Board of Appeals for a use of the property which is not allowed by the zoning regulation. Use variances are rarely granted and as a practical matter no buyer will be willing to invest in the purchase of the property without being sure that it could be used for one of the uses allowed in the IR zone. We agree that Mr. Cleveland's comment that little if any residential development has or will occur along major arterial roads in the town. Such development will more likely occur along secondary or local roads such as Hillcrest. Having both sides of Warren Road zoned IR in this location is a very logical, rational approach to this zoning question. We believe the entire request re -zone the property to IR is supported by rational considerations. Mr. Stevens is sympathetic to the concerns expressed by Mrs. Stage about development in her backyard. Unfortunately we would expect to hear the same concerns if the Stevens property were developed for its current lawful uses at the maximum density allowed for residential or other development. In other words, Mrs. Stage bought only a portion of Mr. Stevens' property knowing that he would be selling the rest of it. We believe that her concerns with respect to privacy and protection of her property can be best addressed by requiring that the existing hedgerows on the north and south of the Stevens property be left in place at the time the property is developed that it be a condition of site plan approval that a berm be constructed along her east line, similar to the berms along Warren Road. Furthermore, we challenge anyone to produce competent empirical proof that the re- zoning of property from one classification to another, in and of itself, has an impact on adjacent property values. Rather, we believe that property may be affected by the condition in which the property is maintained after it is developed. Clearly, developed properties that are maintained in a neat and attractive appearance will not have the same impact, if any, on property values than properties which are developed without the benefit of site plan review and the imposition of conditions attached during that deliberative process. For the record we are enclosing photographs taken of the vegetation from the south of the Stevens' property looking north, from the north lookin south and from the west looking east toward the Stage property. As can be seen from these photographs, there currently exists the beginnings of a substantial vegetative border on both the north and south of the property. On the whole we believe that Mr. Stevens has demonstrated the appropriate rational basis upon which you can base your decision to re -zone his property to the same zoning classification which currently borders it on two sides, meaning that the property fronting on Warren Road would be of the same zoning classification on both sides of that road. If we can provide you with further information to aid you in your consideration of this request, please feel free to contact me. Very truly yours, Mahlon R. Perkins Mr. John stated that he would have an answer regarding the "clear zone" matter at the June 2, 1999 meeting. Continued May 19, 1999 Mr. Conlon stated that after the new zoning ordinance was passed, it was decided to let things lie for a year before making any changes and it has only been a few months. A discuss was held concerning the Town's Insurance carrier. After a short discussion, the following resolution was offered: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas: WHEREAS, since 1995, the Town of Lansing has been a member of the New York Municipal insurance Reciprocal, NYMIR, an insurance company owned and funded by New York State municipalities in order to provide insurance coverage to its members, and WHEREAS, as a member municipality, the Town of Lansing has paid a capalization charge to NYMIR over the past four years with the payment due in 1999 being the final year of payment by the Town of Lansing, and WHEREAS, the Town Board of the Town of Lansing has received a proposal for insurance coverage for the Town of Lansing from a private insurance company that quotes a lower premium for the 1999 -2000 policy period, and WHEREAS, that Town of Lansing has received steadily reduced premiums from NYMIR since joining the reciprocal in 1995, as a result of a good claims rate and the growth in the number of municipal members of NYMIR, and it is anticipated that future premiums will continue to be competitive with private insurance, and the possibility exists of returns on premiums to the member municipalities, and the Town of Lansing would lose the benefit of the capitalization charge already paid if it were to leave NYMIR for more than one year, therefore it is RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Supervisor to secure insurance for 1999 -2000 through NYMIR. Vote of Town Vote of Town Vote of Town Vote of Town Vote of Town Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Stephen Farkas, Councilman Jeannine Kirby, Supervisor Mrs. Kirby stated that she would like to invite Monica Krispen to the June W11 meeting to discuss the Farm Land Protection Program. She will also talk to Kathy Valentino from the Town of Ithaca regarding this issue. Mrs. Kirby stated that three (3) people showed up for Grievence Day. AUDIT RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: VOUCHER NUMBERS 298 -394 PREPAIDS VOUCHER NUMBERS 298 -301 Fund Total General Fund 37,796.65 Highway Fund 53,824.81 Lansing Lighting Districts 1,330.88 Lansing Water Districts 2,352.33 Town Hall Project 101.89 iltions 245 246 Continued May 19, 1999 Capital Fund Highway Equip. Reserve 92,247.00 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 A copy of the minutes of April 21, 1999, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept same as submitted. RESOLUTION, offered by Mr. Butler and seconded by Mr. Farkas: RESOLVED, that the Minutes of April 21, 1999 are hereby approved as submitted. Mr. Farkas suggested that some type of recognition be given to Frankie Lechner and all of the volunteers that worked on the Community Center. The following resolution was then offered: RESOLTUION, offered by Mr. Farkas and seconded by Mr. Butler: WHEREAS, the Town of Lansing owns a historical building located on Auburn Road adjacent to the present Town Hall, known as the Grange from its former use as part of the Grange farming organization, and WHEREAS, the Grange has served our community as a useful meeting place for many community groups such as the Boy Scouts, Girl Scouts, Lansing Lions Club, Finger Lakes Decorative Artists, 4I4, Singing Sweethearts, New York State Draft Horse Association, Lansing Recreation, Lansing Cemetery Asscciation, as well as for dance groups, private parties, Town Board and Town Planning Board meetings, political party meetings and as a voting place at election time, and WHEREAS, the Grange serves as the site for the Lansing Drop In Center, a local cooperative community day care center, and WHEREAS, the Town Board of the Town of Lansing received a proposal from a volunteer group in our community led by Frankie Lechner to provide materials and labor to repair acid maintain the Grange including re- siding, replacement of windows and refurbishing the interior, and WHEREAS, these volunteers donated hundreds of hours of time, money and expertise to preserve the building and keep it properly maintained for the residents of the Town of Lansing and at no cost to the taxpayers of the Town, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby expresses its appreciation and gratitude to all those who contributed their time, money and effort to the Grange project, including Frankie Lechner for her leadership and further directs that this resolution be posted and published within the Town. 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 Mr. Farkas stated that Larry Sharpsteen, the Town's representative 247 Continued May 19, 1999 to the Tompkins County Environmental Council, has informed Mr. Farkas that the County Legislator wants to make all representatives appointed by the County Legislator. At present, there are 24 reps., 12 being appoint by their Town's and 12 appointed at large. The Board opposed this and made the following resolution with copies to each County Legislator and to all Planning Board Members: RESOLUTION, offered by Mr. Farkas and seconded by Mr. Beckwith: WHEREAS, the Tompkins County Board oversees the Environmental Management Council as a Committee Associated with County Government with representatives appointed by each of the municipalities within the County to consider environmental issues and assist in the development of environmental policy, and WHEREAS, the County Board has received a proposal to amend the process for appointment to the Environmental Management Council to allow the County Board to make at large appointments rather than having the separate municipalities make the appointments, and WHEREAS, the Town Board of the "Town of Lansing wishes to retain the right to make appointments to the Environmental Management Council, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby determines that it wishes to retain the right to make appointments to the Environmental Management Council, and authorizes the 'I'own Supervisor to deliver a copy of this resolution to the Tompkins County Board of Representatives. Vote of Town Board ... (Aye) 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 Stephen Farkas, Councilman Jeannine Kirby, Supervisor Mr. Cleveland stated that he was very concerned about using Town wide monies to fund the water main in East Shore Circle. He was concerned about setting a president. Mr. John stated that there is land in this area that is far more apt to be developed than in most cases and that if and when it is developed, the Town will be reimbursed. Mr. Beckwith stated that the County has tried to pass a resolution regarding the Tompkins County Airport that would state that all Fire Departments that are called out for mutual aid would not be covered under insurance until they reached the site. Mr. Beckwith stated that the law does NOT read this way. The resolution was NOT passed but there will be another meeting held at noon next Tuesday (6/25) regarding this situation. Mr. John stated that June 01 is the motion date on the- Ottenschott matter. Mr. John also stated that there may be another way io finance highway equipment. It could be put into a statortory installment Bond which acts like a BAN but it does not come up every year to be renewed. You could do this for up to five years which would save all of the transactional costs associated with the renewals each year. The interest rate would probably be slightly higher. Rich will look into this and decide how to handle the BAN resolution for the new Highway truck. BOND RESOLUTION Dated May 19, 1999 A RESOLUTION AUTHORIZING THE ISSUANCE OF S 921247.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE PURCHASE OF HIGHWAY EQUIPMENT, BEING A TEN WHEEL DUMP "TRUCK. 248 Continued May 19, 1999 At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 19`h day of May 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 Herbert Beckwith, who moved its adoption, seconded by Councilman Jeffrey Cleveland, 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 cost of the purchase of certain highway equipment, being a ten wheel dump truck, for the Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued $92 ,247.00 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Such items of equipment are as follows: The purchase of a ten wheel dump truck, 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; Section 2. The aggregate maximum estimated cost of the aforsaid specific objects or purposes is $ 92,247.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $ 92,247.00. 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 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 28 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 usefullness thereof is fifteen years computed from the date of the issuance of the first bond or the first anticipation note issued therefore. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed love years. Section 5. Subject to the provisions of the Local Fianatice 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 clue and payable. In the event that the annual collection of such assessments shall be less than the amount required to pay the principal and Continued May 19, 1999 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 other 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 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: Jeannine Kirby voting aye .Jeffrey Cleveland voting aye Herbert Beckwith voting aye Stephen Farkas voting aye Paul Butler voting aye The resolution was thereupon declared duly adopted. On motion, the meeting was adjourned at 9:16 p.m. at the call of the Supervisor. 249