HomeMy WebLinkAbout2000-01-19REGULAR TOWN BOARD MEETING DATE: January 19, 2000 PLACE: New Town Hall Board Room TIME: 7:00 p.m. 1. Call Meeting to Order. 2. Roll Call. 3, Public Hearing - Water District 12, Ext. 2 (East Shore Circle /Teeter Rd.) 4. Privilege of the Floor: A. Pete Larson Be George Totman C. Anyone else who wishes to speak 5. Resolutions commending Jeannine Kirby, Jeff Cleveland and Paul Butler for their years of service. 6. Audit Resolution, 7. Old Business, 8, New Business. 9, Board Members reports if any. 10. Executive Session of needed. 11. Adjournment. 19 January 19, 2000 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room with Supervisor Farkas presiding. ROLL CALL Herbert Beckwith Councilperson Present Katrina Greenly Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson Present Stephen Farkas Supervisor Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: George Totman, Pete Larson, Dave Herrick, Mr. and Mrs. Darrell Rhoads, Connie Armstrong, Elizabeth Whipple, Wallace & Helen Avery, Lyle Wadell, Mark & Helene Croft, Aline Shulman, Wayne Lucas, Sarah VanEtten, Wylie Schwatz, Bill Kane, Victoria Freile, Kenneth Kough, Amanda Kalk, Andy LaVigne, Jessi Hopkins, Koyo Aswu and Michelle Swinenisti. The Supervisor called the meeting to order and had the clerk take the Roll Call. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on proposed Water District No. 12, Extension No. 2, having been advertised was called to order at 7:00 p.m. Carried. Mr. Herrick gave an overview of the proposed Water District. The following comments and concerns were then presented: Mark Croft: This would cause undo financial hardship to his mother, Helene Croft and therefore stated that he was opposed to the proposed district. Ken Kough: Mildly against the proposed district as the cost is too extreme. Meg Overstrom asked what the numbers were on the petition that was turned in to the Town. Mr. John stated that the majority were in favor of the project. Mr. John stated that he has talked to the Croft's attorney who suggested there was a possibility that Better Housing may be able to do a decreasing loan. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: RESOLVED, that the Public Hearing on Proposed Water District No. 12, Extension No. 2 be terminated at 7:15 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: ORDER AND RESOLUTION OF THE TOWN BOARD, TOWN OF LANSING, ESTABLISHING WATER DISTRICT 12 EXTENSION 2 WHEREAS, a group of residents along East Shore Circle having petitioned for the creation of a water district extension to be known as "Water District 12 Extension 2" in the Town of Lansing, Tompkins County, New York, the said petition was duly presented to this 20 Continued January 19, 2000 Town Board along with the necessary map, plan and report of the Town Engineer, and WHEREAS, an order was duly adopted by the Town Board on December 30, 1999 reciting the filing of said petition, the improvements proposed, the boundaries of the proposed district and the estimated expense thereof and specifying January 19, 2000 at 7:00 o'clock PM as the time and the said Town Hall in the said Town as the place where the said Board would meet to consider the petition and to hear all persons interested in the subject thereof, concerning the same and said Order setting a public hearing was established and posted as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on this 19`h day of January, 2000, commencing at 7:00 PM a the Town Hall in the said Town and considerable discussion upon the matter having been had and all persons desiring to be heard having been duly heard including many of the petitioners in person, a majority of such petitioners speaking in favor of the establishment of the proposed district: NOW, upon the evidence given upon such hearing and upon motion of Herbert Beckwith, Councilperson, seconded by Francis Shattuck, Councilperson, and unanimously passed, it is RESOLVED AND DETERMINED, that (a) the petition, map, plan and report comply with the requirements of Sections 191 -a and 192 of the Town Law and the notice of hearing was published and posted as required by law, and are otherwise sufficient; (b) all the property and property owners within the proposed district extension are benefited thereby; (c) all the property and property owners benefited are included within the limits of the proposed district extension; and (d) it is in the public interest to establish the Water District 12 Extension 2; and it is further RESOLVED AND DETERMINED, that the establishment of a water district extension as proposed in said petition be approved; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such district extension shall be designated and known as the "Water District 12 Extension 2" and shall be bounded and described as all of the properties shown on Schedule A, and it is further RESOLVED, that the proposed improvement, including costs of right of way, construction costs, legal and engineering fees and all other expenses shall be financed as follows: the maximum amount proposed to be expended for the said Water District, as stated in the said Town Engineer's Map, Plan and Report, is the sum of One Hundred Sixty -Seven Thousand Four Hundred and 00 /100 Dollars ($167,400.00), and with a proposed financing term of twenty years and an estimated bond rate of 5.50 %, the estimated annual cost for a typical property within the Water District is $778.20 plus the estimated average annual cost of water in the amount of $316.44, and estimated average one time hook -up fees for connection of the service line to the residence in the amount of $1,175.00, and it is further RESOLVED, that this resolution is subject to permissive referendum as provided in Town Law 209 -e in the manner provided in Article 7 of the Town Law, and it is further RESOLVED, that this resolution is subject to approval by the New York State Department of Audit and Control, and it is further RESOLVED, that the Town Clerk of this Town shall within ten days after the adoption of this resolution file certified copies thereof in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to create such district as provided for by the Town Law, Section 209 -g; and that such application shall be executed by and in behalf of the Town Board by the Supervisor of the Town. 21 Continued January 19, 2000 CHEDLUE A Water District 12 Extension 2 Tax Map Parcels 37.1 37.1 -7 -20 -7 -19 37.1 -7 37.1 -7 -21.1 -12.2 37.1 37.1 -7 -16 -7 -17 37.1 -7 -12.1 37.1 -7 -14 37.1 -7 -18 in 37.1 -7 -13 it 37.1 -9 -3 37.1 -7 -27 reasons: 37.1 -7 -22 37.1 -9 -5 37.1 -9 -1 Vote of Town Board. (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Dave Herrick, Town Engineer, reported the following: 37.1 -9 -6 37.1 -7 -11 37.1 -7 -15 37.1 -7 -21.2 WATER 17, EXT. 6 - ( Lake Ridge): Both Carnes and Defano have indicated support for the one - payment option to finance the project costs. Mr. Herrick recommended finalizing the Engineer's Report and proceeding with the district formation process. He also suggested the Board may want to have all landowners sign a valid petition similar to the East Shore Circle one. Mr. Beckwith requested Mr. Herrick have a map, plan and report ready for the February 2nd meeting. WATER 7, EXT. 5 (Hicks subdivisionZ Mr. Farkas has a memo that outlines the next steps to take to consider removing a specific Agriculture District permit condition. Mr. Shattuck was concerned what this may cost the Town. It was the feeling of the Board to have Mr. Farkas sit down with Mr. Hicks to find out exactly what Mr. Hicks' intentions are before going forward with the process. Mr. Larson reported the following: DRAKE ROAD, Mr. Larson asked Mr. John if there had been any response to the claim against the State. Mr. John stated that he will look into it and get back with his findings. AGREEMENT TO SPEND HIGHWAY FUNDS: The Town Board signed the agreement to spend Highway funds. Said agreement on file in the Town Clerk's Office and in the Highway Department. WATER LINE - MYERS ROAD: Mr. Larson stated that the replacement water line in Myers will begin sometime after school is out. The line will run on the opposite side of the road than the present one. Mr. Farkas stated that the traffic is very busy in the summer and felt all residents should be notified before the work begins. Mr. Larson stated that this is a policy of his and he will notify all residents. LOCAL SPEED LIMIT CONTROL• Mr. Shattuck stated that the Town of Danby is promoting local control of speed limits and asked Mr. Larson his opinion Mr Larson stat e d th t h ' a i N 1. Can become political e s OT in favor of it for the following reasons: 1. Can become political 22 Continued January 19, 2000 2. The Highway Superintendent may not have the expertise to determine the speed limit on any given road. Mr. Larson stated that this request has been brought before the Legislature many times and has always been turned down. Mr. Larson would like to see an "area" speed limits instead. Mr. John stated that if the State sets a speed limit and there is an accident, the State is liable. BOND ANTICIPATION NOTE RENEWAL RESOLUTION Dated January 19, 2000 A RESOLUTION AUTHORIZING THE ISSUANCE OF $87,873.00 SRRIAL 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. 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 January, 2000, at 7:00 o'clock p.m. PRESENT: Stephen Farkas, Supervisor Herbert Beckwith, Councilperson Katrina Greenly, Councilperson Francis Shattuck, Councilperson Meg Overstrom, Councilperson The following resolution was offered by Councilperson Herbert Beckwith, who moved its adoption, seconded by Councilperson Katrina Greenly, 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 $87,873.00 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 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 23 Continued January 19, 2000 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 $87,873.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $87,873.00. 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 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 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 he shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obligated to see to the application of the purchase money. Section 8. The validity of such bonds or any bond anticipation note or notes issued thereon in anticipation of the sale of said bonds pursuant to this bond resolution may be contested only if such obligations were authorized for an object or purpose for which the Town of Lansing, Tompkins County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this 04 Continued January 19, 2000 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 8 1. 00 of the Local Finance Law. The questions 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, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Mr. Totman reported the following: MONTHLY REPORT: Compared to 1998, the fees are up $ 3,596.26, estimated building cost is up 2,789,856.50 and the department is 8 building permits ahead of 1998. OTTENSCHOTT JUNK YARD: The Court gave Mr. Ottenschott 60 days to clean up his property on Ridge Road which will run out at the end of the week. Mr. John and Mr. Totman did not feel the clean up process has been successful. bills: AUDIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher Numbers: 1 -48 Prepaid Number: 1 General Fund Highway Fund Lansing Water Districts Town Hall Project $ 1068.40 6,690.80 7,085.45 95,993.75 Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board. (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board. (Aye) Stephen Farkas, Supervisor G PAUL BUTLER: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: WHEREAS, the Town Board of the Town of Lansing has had the benefit of the services of Jeannine Kirby serving as the Supervisor and Councilwoman over the past 14 years, Jeffrey 25 Continued January 19, 2000 Cleveland serving as a Councilperson over the past 12 years, and Paul Butler serving as a Councilperson over the past 8 years; and WHEREAS, through their terms in office, the Town of Lansing experienced significant growth in population and tax base, with the related growth in roads, water systems, houses, school facilities, stores and new businesses, which growth requiring careful planning and decision making from the Town government; and WHEREAS, among the various projects which these Board members contributed to, they provided particular guidance, support and effort in the creation and extension to the Town's public water system, securing grant funds from New York State and the Federal government for projects to assist low and moderate income residents of the Town, the development of many new roads, subdivisions, homes and businesses in the Town, the expansion and improvement of recreational opportunities for the residents including continued planning and development of the Town Park system, the construction of a new Town Hall for the Town, participation in planning the proposed expansion of the Town sewer system, the planning and resolution of issues to allow the implementation of Town wide zoning after literally decades of consideration, and coordination and communication with the Town Planning Board to further the long range comprehensive planning for the future development and growth of the Town; and WHEREAS, as members of the Board, Jeannine Kirby, Jeffrey Cleveland and Paul Butler provided sound financial advice for the residents of the Town, making the difficult decisions necessary to maintain a history of low tax increases and good fiscal management during their terms in office, while at the same time allowing for the growth of Town services to the residents, such that they have left office with the Town having set up accounts with surplus funds to allow sound planning and financial management into the future; and WHEREAS, as representatives of local government and for the benefit of the residents of the Town, they generously gave of their time for several purposes, not least of which was in attending many meetings, beyond the meetings of the Town Board itself, to make sure that the residents of the Town understood Town actions and had opportunities for input, Town services were properly planned, funded and provided, and the Town was properly represented in County and New York State matters as well as within the Town; WHEREAS, it is the desire of the present members of the Lansing Town Board to acknowledge and recognize the fine example of community service provided by Jeannine Kirby, Jeffrey Cleveland and Paul Butler; therefore it is RESOLVED, that the Town Board of the Town of Lansing hereby commends Jeannine Kirby, Jeffrey Cleveland and Paul Butler on behalf of the Town of Lansing for their exemplary service and stewardship of Town affairs during their tenures on the Town Board of the Town of Lansing. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor ROAD RUNNER, Mr. Beckwith stated that he has had contact with Stan Smith in Syracuse regarding Time Warner Cable coming in for Road Runner. Mr. Beckwith informed Mr. Smith that the price that was quoted to the Town in the amount of $ 1,375.00 was too excessive. Mr. Smith agreed and will reestablish and fax Mr. Beckwith a new price quote. 26 Continued January 19, 2000 CENSUS: Mr. Shattuck reminded the Board about the census. He stated that this is VERY important. He would like to see the Town's population be at least 10,000 and the County's at 100,000. This would help a lot when applying for loans, etc. On Friday, Mr. Totman and Mr. Shattuck will meet with the people who will be setting up the people who will be performing the testing. Mr. Farkas suggested the Town Board set up times where people could come to the Town Hall for help in filling out the census forms. CROFT vs TOWN OF LANSING: Mr. John stated that he received a decision regarding Croft vs the Town. The Judge dismissed the action. REALIGNMENT OF BEAN HILL: Mr. John felt it was time to remarket the parcel of land owned by the Town on Bean Hill Lane. Mr. Larson stated that it was not complete as of yet. Mr. Larson felt that the land at the bottom of Myers Hill should be marketed at the same time. ASSOCIATION OF TOWNS APPOINTMENTS: It was the decision of the Board that Meg Overstrom be named voting delegate and Francis Shattuck be named alternate to the Association of Town Meeting to be held in New York City on February 23, 2000, TOWN COMMITTEES: Mr. Farkas appointed the following as chairpersons to the following committees: 1. John Howell Old Town Hall Committee: Mr. Howell and his committee will be given a maximum of one year to decide the out come of the old Town Hall. 2. Katrina Greenly Evaluating Natural Areas: Mr. Totman informed Mrs. Greenly that the County has completed such a study. Mrs. Greenly will look into this. 3. Meg Overstrom Town Center: Mrs. Overstrom will look into what has already been done and continue from there. LIGHTHOUSE AT MYERS POINT: Mr. Colt is looking into grant money to finish the Light House and also for UC Point. Mr. Beckwith will help in the UC Point matter as he had previously worked on this project with the DEC and Larry Tvaroha. DISHWASHER AT COMMUNITY CENTER: Mr. Farkas stated that the dishwasher at the Community Center is unrepairable and a new one needs to be purchased. Mrs. Frankie Lechner has offered to contribute to a new one. Mr. Farkas felt the Lions Club would also contribute. A new one would cost approximately $ 2,800.00 but will get three price quotes before purchasing and/or making a decision. Continued January 19, 2000 TOWN WEB PAGE: Mrs. Overstrom felt the Town's web page needs to be upgraded as soon as possible. The Supervisor, Town Clerk and Recreation Director will need to get together in the near future. EXECUTIVE SESSION RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:31 p.m. to discuss a personnel matter and a legal matter regarding illegal land in the Town. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:09 p.m. On motion, meeting adjourned at the call of the Carried. 27 �s February 02, 2000 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 6:30 P. M. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call, Stephen Farkas Herbert Beckwith Katrina Greenly Meg Overstrom Francis Shattuck Bonita Boles Debbie Crandall Rich John ROLL CALL Supervisor Present Councilman Present Councilwoman Present Councilwoman Present Councilman Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: George Totman, Andy LaVigne, Victoria Freile, Charlie Nedrow, Aline, Matt and JP Shulman, Tom Dorward, Brad Griffin, Roger Schnock, Valeria Coggin, Dennis Griffin, Robert Wagner, Lee Shurtleff, Jack Miller, Stephen White, Brian Wilbur, Barbara Blanchard, Peter Meskill, and Steve Whicher, EXECUTIVE SESSION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 6:30 P.M. to discuss the Ottenschott case. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: RESOLVED, that the Executive Session is terminated at 6:45 P.M. and the Special Meeting be reconvened. Carried. NEXT TOWN BOARD MEETING Mr. Farkas stated that the next Regular Town Board meeting will be held on Thursday, February 17, 2000 at 7:00 P.M. at the Lansingville Fire Hall. SURPLUS PROPERTY The Fire District has approached Mr. Farkas requesting that their surplus property be consolidated with the Town's. Mr. Farkas stated that the Town will hold a joint sale in the spring to sell the surplus property. REQUEST FOR A PUBLIC PHONE Mr. Farkas stated that there has been a request for a public phone in the Town Hall. He informed the Board that there will be a public phone installed between the two doors so there will be access to it at anytime. PARTICIPATION OF AFRICAN AMERICANS IN THE CIVIL WAR Mr. Farkas stated that on Friday, March 3rd the Lansing Community News / Town of Lansing will be sponsoring a reading given by the church of the Nazarene on the participation of the African Americans in Tompkins County in the Civil War. Nancy Raza will be taping the reading and it will be made available for Public Television on Cable Channel 13. The Lansing