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HomeMy WebLinkAbout2000-04-05Date. April 5, 2000 Place: Lansing Town Hall Board Room Time: 7:00 p.m. Agenda 1. Call meeting to order. 20 Roll Call. 3. Public Hearing - Water District # 17, Ext. # 6 (7:00 p.m.) 4. Privilege of the Floor: a. Tom Todd b. Anyone who wishes to speak 5. Resolution to allow Supervisor to sign contract change on Salmon Creek Road bridge. 6. Update on Vestal Asphalt, Inc. Lease agreement. 7. Review sales tax resolution request. 8. Cherry Road Sewer maintenance fee. (We charge $20.00 per unit for maintenance and at present have $79,700.00 in the account - do we keep it at $20.00 or change it)? 9. Board Member reports. 10. Executive Session if needed. 11. Adjournment. 55 April 05, 2000 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 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 Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Brad Griffin, George Totman, Victoria Freile, Charlie Nedrow, Dave Herrick, Larry Sharpsteen, Harlan Redder, Tom & Elsie Todd, Lyle & Kathleen Wadell, Pat Conlon, Phyllis DeFano, Fred & Shirley Stone (7:15 p.m.), and Pete & Jackie Larson (7:40 p.m.). PUBLIC HEARING - WATER DISTRICT 417, EXT. #6 Proof of Notice having been furnished the Public Hearing to discuss Water District # 175 Ext. #16 was called to order at 7:00 p.m. Mr. Herrick gave an overview of the District. Copies of the report were mailed to each landowner. Mr. Herrick stated that he has asked the Town Board to consider what procurement policy should be applied to this district. The Board would need quotations from three contractors and the project could start very quickly. Mr. John stated that after reviewing the cost of the project he suggested that the money would need to be collected up -front before the project can start. After some discussion with the residents that were present, the Supervisor will do a mailing tomorrow asking residents if payment in full could be received by the 1 st of June 2000. All persons desiring to be heard, having been heard, the Public Hearing was closed at 7:28 p.m. RESOLUTION ESTABLISHING WATER DISTRICT #17 EXT #6 RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: WHEREAS, a group of residents along Milliken Drive Extension having requested that the Town Board consider the creation of a water district extension to be known as "Water District 17 Extension 6" in the Town of Lansing, Tompkins County, New York, the request was duly presented to this Town Board together with the necessary map, plan and report of the Town Engineer, and WHEREAS, an order was duly adopted by the Town Board on the improvements proposed, the boundaries of the proposed district and thereof and specifying April 5, 2000 at 7:00 o'clock PM as the time and said Town of Lansing as the place where the said Board would meet to i to hear all persons interested in the subject thereof, concerning the same public hearing was published and posted as required by law, and March 22, 2000 reciting the estimated expense the said Town Hall in the consider the request and and said Order setting a WHEREAS, a hearing in the matter was duly held by the Board on this 5th day of April, J6 ' April 05, 2000 continued 2000, commending at 7:00 PM at 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, all of which 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 Katrina Greenly, 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 17 Extension 6; and it is further RESOLVED AND DETERMINED, that the establishment of a water district extension as proposed 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 17 Extension 6" 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 rights 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 Twenty -three Thousand Seven Hundred fifty and 00 /100 Dollars ($23,750.00), and with the estimated one time cost for a typical property within the Water District being $2,532.00 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, with two properties to pay a total of $3,500.00 and all residents having agreed to this plan of financing the cost of the proposed water district extension, 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 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 -9; and that such application shall be executed by and in behalf of the Town Board by the Supervisor of the Town. 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 SCHEDULE A Water District 17 Extension 6 Tax Map Parcels 12 -1 -1 12 -1 -3 12 -1 -6 12 -1 -8 12 -1 -10 12 -1 -2 12 -1 -4 12 -1 -7 12 -1 -9 12 -1 -11 57 April 05, 2000 continued COUNTY REPRESENTATIVE TOM TODD Tom Todd, County Representative for the Town of Lansing addressed the Board concerning the following five issues. I.Tobacco Money - Mr. Todd informed the Town Board that the County is receiving 1.4 million dollars in tobacco money annually. There is some controversy on what to do with this money. At the last human service meeting it was decided that 80% of the money would be applied to the debt service. The remaining 20% would be spent on an education campaign opposing tobacco. Mr. Todd stated that he favors applying the whole 1.4 million to the debt service. If any new programs are to be started to control the use of tobacco then it should be budget money and should be discussed at budget time. Meg Overstrom stated that she agreed with Mr. Todd. She stated that there were national programs and this would be a duplication of those programs. 2. New Tompkins County Library- There is a request for a new development with the cost being 1 million dollars and the Counties portion being $500,000 to install a huge array of solar cells on the roof of the new building. Mr. Todd is opposed to this stating that Tompkins County is not the ideal place for solar power. He stated that there would be a marginal payback if any. 3. Eme ency Radio System - There is a proposal that the County hasn't acted on. The whole new system would cost around a million dollars to equip all the emergency and police services in Tompkins County. Mr. Todd stated that he was not sure how he stood on this proposal and asked the Board for suggestions. The proposal in front of the County Board indicates that the County will pick up half of the costs. If the County picks up half of the cost then Lansing is picking up 20% of the 50 %. Mr. Todd is questioning whether the equipment that Lansing is going to receive would amount to anywhere near 20% of the total. Mr. Todd is going to contact Steve White to see what percentage Lansing is going to receive. Mr. Totman stated that the County will pick up 100% of the trucks and equipment and 50% on the individual portable radios. Mr. Todd stated that every time the County picks up 100 %, Lansing pays 20 cents on the dollar. Mr. Farkas stated that it would be logical that the County should do it by department or municipality. If the County knows the total of what it was going to cost Lansing and the County picked up 50% of that, not taking the whole thing with the County paying 50% and everyone else paying a percentage he would have difficulty with that. If it is going to cost Lansing $50,000 for the portable radios and the County picks up $25,000 and the Town of Lansing picks up the balance of $25,000 he would be in favor of that. If it were going to be strictly a percentage situation then certain municipalities will come out better then others. Mr. Todd stated that a municipality with a low tax base will benefit. Mr. John stated that communities with more agencies will benefit as well. Matt Shulman stated that if we consider emergency services, in this case radios, strictly on a per capita bases that will leave towns like Enfield, Danby, and Slaterville at a distinct disadvantage. Pat Conlon stated as long as the Town of Lansing pays 20% of the taxes then the sales tax should be apportioned the same way. Larry Sharpsteen stated that we are talking about total emergency services. Lansing has no police department and draws their total law enforcement support from the Tompkins County Sheriffs Department. Therefore Lansing has a responsibility to cover their portion of that cost. Mr. Todd stated that Lansing will be paying 20% of the Sheriffs Department cost. Lansing will be paying 20% of everything that the county does because that is the way the assessment is divided. This is the first year that the Town of Lansing's assessment has surpassed the Town of Ithaca. Next to the city of Ithaca, Lansing has the second largest tax base. 4. County Surplus for 1999 - Early in March the County Comptroller closed the books with a year end balance of over 12 million dollars. There should be a pretty modest tax increase if any, especially if you take the 1.4 million dollars and apply it to the debt service. 58 April 05, 2000 continued 5. Federal Program to Support Road and Bridge Construction - The Indian Falls Bridge in Lansing will be replaced by the County under this program. Another road project in the Town of Lansing will be North Triphammer Road. Mr. Todd is hoping this will be done this summer. The road was built in 1965 and was due to be rebuilt in 1995. LAND USE ORDINANCE Brad Griffin informed the Town Board that the Planning Board is reviewing the Land Use Ordinance for corrections and deletions which will be forwarded on to the Town Board for their review. One of the items they are reviewing is the extension of the site plan review for commercial activities for the RA zone. Mr. Griffin then turned the discussion over to Larry Sharpsteen. Mr. Sharpsteen stated that the initial proposal for the Land Use Ordinance to the Town Board by the Planning Board included a proposal for site plan review for all commercial and industrial enterprises in every zone of the town including the rural agricultural zone. After several meetings of the Town Board and the Planning Board and in the final document that was adopted by the Town Board, site plan review in the rural agricultural area was restricted to very few activities. The Planning Board would like to propose to the Town Board a modification of which would extend the blanket of site plan review to their original proposal that every industrial and commercial enterprise be taken place in the rural agricultural zone. One of the projects that would not have been covered by the Land Use Ordinance that has taken place in the rural agricultural zone is the salt storage facility in North Lansing. They have found that the oversight they were depending on from the State and DEC to make for both construction and ongoing monitoring of the site are non existent. One of the problems that have ensued was that the trust of the engineering project was to take care of the leachate from rain water. There is a second factor of a substantial airborne plume from the top of the pile from windblown residue when the canvas is pulled back and the pile is being worked, increased or shaped. There is no real structured procedure for monitoring. The Land Use Ordinance is not offering protection in the north end for people as in the rest of the Town. Mr. Sharpsteen stated that he doesn't think the Site Plan Review is a thing that chases away business or scares a responsible business away. In effect it is an assurance that they are going to have a workplace that is going to enable them to be on a level playing field with their competitors and going to have a workplace that is going to make their product or site as attractive to customers as any other place. The Site Plan Review items that we are concerned about are not architectural consideration and not landscaping. They are strictly looking for potential pollution, light interference, noise, and traffic safety. These are items that are covered under Site Plan Review for the rest of the town and they would like have to it extended. Mr. Griffin stated that a Site Plan Review may in some cases trigger a SEQR requirement. This means an additional workload either for the Town Board or Planning Board. As for the division of those duties, the Town Board remains the body that is directly accountable. The Planning Board is an advisory board and not directly accountable. Mr. Griffin stated that he thinks they are looking down the road to see a real need for Site Plan Review within the Town. Whatever Board does these things would require a very clear understanding of the limits and jurisdiction to exercise it precisely and fairly. The purpose of Site Plan Review in conjunction with SEQR is not to have the Planning Board stymie or stonewall development, it is not their purpose and he knows it is not the Town Boards either. Supervisor Farkas asked that the Planning Board submit in writing the recommendations to the Town Board. Mr. Griffin stated that this would be a part of a total package for the Town Board's review. Mr. Sharpsteen stated that any Land Use or development does require a SEQR review at some level. mom April 05, 2000 continued SALES TAX Mr. Farkas referred to the copy of the request from Mike Lane of the Planning Intermunicipal Coordination Committee about the issue of dropping sales tax on clothing and shoes under $110.00. The Committee is looking at dropping the sales tax as other counties around them. Mr. Farkas asked the Board to consider this for a possible resolution at the next regular board meeting. Mr. Shattuck stated that he had faxed Jim Tull (Pyramid Mall) a copy for the request asking his opinion. He his waiting to hear back from him and will share it at the next meeting. CONTRACT CHANGE ON SALMON CREEK ROAD BRIDGE Mr. Farkas stated that the Board had passed a resolution last fall on the contract for the Salmon Creek Bridge. Mr. Farkas received a call from them stating that there were grammatical errors in the contract and the changes needed to be signed. Mr. John stated that a resolution to do this was not necessary and Mr. Farkas will sign the changes. CHERRY ROAD SEWER MAINTENANCE FEE Debbie Crandall informed the Board that the Town of Lansing's current charge for sewer is $20.00 per unit. She asked the Board if the Town would like to keep the charge the same and if there is any major operational and maintenance expenditures anticipated for next year. Dave Herrick, Town Engineer stated that there will be maintenance work done on the system, cleaning, flushing and possibly replacing manholes. Mr. Herrick recommended to the Board that the fees remain the same and then revisit the balance at the end of next year. It was the consensus of the Board to keep the maintenance fee for Cherry Road sewer at $20.00 per unit. BOARD MEMBER REPORTS Meg Overstrom: TOWN CENTER - the next meeting of the Town Center Committee is April 11, 2000 at the Town Hall Board Room from 6:30 p.m -8:30 p.m.. LANSING HOUSING AUTHORITY Speed Limit Reduction on Woodsedge Drive: They are asking for an update on the request of the speed limit reduction on Woodsedge Drive. Mr. Larson stated that it takes six months to a year to resolve. At this point he has not heard anything from the State. Lansing Ambulance Sign - The residents are concerned that Paul Welch has put up a sign outside his house at 159 Auburn Road that says Lansing Ambulance. They are concerned that if people thought this was a Lansing Ambulance location then people would be stopping there for emergency medical treatment. They asked what the Board had approved. Mr. Farkas stated that he agrees that the sign should not be there, but there is nothing he can do about it. At this time nothing has been brought forth to the Board for consideration for an ambulance service. Mrs. Overstrom stated that the group that was at the meeting was split 50/50 on whether they want another ambulance service in Lansing. TOWN OF LANSING WEB PAGE - Lyle Wadell has been making strides with the Town of Lansing Web page. The Board thanked him and commended him for a job well done. Katrina Greenly: PURCHASE AND DEVELOPMENT RIGHTS WORKSHOP - Mrs. Greenly and Mrs. Overstrom attended the seminar on the Purchase and Development Rights. They passed the re April 05, 2000, continued information onto Mr. Shattuck. It was a good seminar with speakers speaking on what the Town of Ithaca is trying to put together for the purchase and development rights. Speakers presented what they were able to successfully do with the Town by some of the development rights. LIBRARY COMMITTEE - The library committee is trying to develop a budget for starting a reading center in the Town this year. In addition to the budget costs for potential renovation of the old Town Hall if indeed, if that is the way the town is going. Francis Shattuck: PLANNING BOARD - The Board is looking to change the land ordinance codes and planning done on roads and development. Mr. Shattuck contacted Dave Herrick to bring maps, zoning, road, aquifer, natural resources, etc. Instead of bringing 6 or 7 maps Mr. Herrick is going to do an overlay of the maps. Hopefully they will be meeting twice a month. CENSUS - The Town of Lansing is equal to or ahead of the suggested rate. The date for stopping to report is April 11, 2000. After that date the people will be going door to door for the information. Herbert Beckwith: INTERMUNICIPAL CABLE COMMISSION - The next meeting for the commission is on June 7, 2000, CAYUGA MEDICAL CENTER - The necessary paper work has been filled out and sent in. Mr. Beckwith will be attending the Annual Meeting for the Cayuga Medical Center on April 27, 2000. Stephen Farkas: INTERMUNCIPAL SEWER - Mr. Farkas is waiting for verification on the dollar amount that was put in the Ithaca Journal and what it stands for. It appears that things are moving along. There is a special meeting of the SJS on Friday. CAYUGA LAKE TRAILS - Tompkins, Cayuga and Seneca Counties are doing a joint venture to promote tourism in the area. Mr. Farkas went to a meeting at the winery on Slaterville Road and brought back a conceptual drawing of South Lansing. TOWN CENTER - Mr. Farkas told Mrs. Overstrom that at her meeting on the Town Center to inform the attendees that if they intend to move the ballfields across the road and replace it with commercial property that this is a dead issue. He has been approached by residents with this rumor and this will not happen. Mrs. Overstrom stated that she will discuss it with them. TOWN TOUR Mr. Shattuck asked if there was a date for the Town tour. Mr. Larson will check on the availability of the Senior Citizens Van. It was the consensus of the Board to schedule the tour on a Sunday. A date for the tour will be set later. LAKERIDGE WATER DISTRICT The Town Board reviewed the map of the district with Town Engineer Dave Herrick. After further discussion the following resolution was thereby adopted: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: WHEREAS, the residents along Route 34B in the area known as Lake Ridge, having requested that the Lansing Town Board consider the creation of a water district to provide water 0, April 05, 2000, continued service to their homes, and WHEREAS, the Town Board wishes to receive a preliminary estimate of the costs for the construction of the proposed water district, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a preliminary estimate of cost for the construction of a water district extension along Route 34B in the area known as Lake Ridge, and that such proposed water district be designated as Water District 17 Extension 7. 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 EXECUTIVE SESSION RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 8:38 p.m. to discuss the Ottenschott Property, Vestal Asphalt Lease and Sarah McKane Litigation. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: RESOLVED, that the Executive Session is terminated at 9:12 p.m. and the Special Meeting be reconvened. Carried. LEASE AGREEMENT WITH VESTAL ASPHALT Mr. John stated that the Town has negotiated the terms of the lease agreement with Vestal Asphalt. The terms of the lease are the same as the prior lease, five year term with an option of a five year renewal at the end of the original five years, except for the rent is increased to $8,250 per year up from $7,500. The rent will be renegotiated at the end of the lease term. Outside of the lease agreement there has been an additional agreement that Vestal Asphalt will provide some equipment to assist the Town in a Recreation Department Project. RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: WHEREAS, the lease for the property rented to the Vestal Asphalt Corporation has expired and the Vestal Asphalt Corporation has indicated it's wishes to exercise the option to continue the lease under the terms as negotiated by the Supervisor, and WHEREAS, the Town Attorney has prepared a proposed lease with the changes as negotiated between the Vestal Asphalt Corporation and the Town of Lansing, and the Town Board being in agreement with the proposed extension of the lease, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby approves the terms of the lease with the Vestal Asphalt Corporation and directs the Town Supervisor to execute the lease on behalf 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 M April 05, 2000, continued Vote of Town Board ... (Aye) Stephen Farkas, Supervisor OTTENSCHOTT PROPERTY RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Beckwith: WHEREAS, the Town Board of the Town of Lansing has entered into an Assignment Agreement with the Manufacturers & Traders Trust Co. On February 18, 2000, and such Assignment Agreement contained a contingency regarding the Town having an opportunity to obtain environmental assurances on the property, and WHEREAS, the Town Board has authorized an investigation of the subject premises to attempt to identify the presence of environmental contaminants pursuant to the terms of the Assignment Agreement, and the Town Board has discussed the results of the investigation and wishes to proceed with the assignment of the mortgage on the subject premises, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby approves the removal of the environmental inspection contingency from the Assignment Agreement with the Manufacturers & Traders Trust Company and directs the Town Supervisor to proceed with the execution of the necessary documents on behalf of the Town of Lansing to conclude the assignment. 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 Meeting adjourned at the call of the Supervisor at 9:20 p.m. Minutes taken and executed by the Deputy Town Clerk. .1