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HomeMy WebLinkAbout2001-05-16C3 UM May 16, 2001 The Lansing Town Board. met in Regular Session at the Lansing Town Hall at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Herbert Beckwith Katrina Greenly Meg Overstrom Francis Shattuck Bonita Boles Richard John Supervisor Present Councilperson Absent Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: Pete Larson, John Bailey, Douglas McEver, Connie Wilcox, Thomas Kirby, Candis Bailey, Glenn Flinn and Tom Cramer. Mr. Gary Sloan of 117 Horizon Drive went over the Agreement between himself and the Town of Lansing regarding the placement of sewer lines with the Town Board. It was agreed that Mr. Sloan's portion of the agreement would be $ 6,975.00 plus the $ 4,000.00 hook -up fee that Mr. Sloan already paid. TOWN INSURANCE: John Bailey of Bailey Insurance went over the renewal of the Town's Insurance policy with the Board. He recommended the Town increase the uninsured motorist coverage to $ 1,000,000 per occurrence. He stated that the insurance policy renewal comes up June 1, 2001. He thanked the Board for allowing; him to renew the policy with them. CONSUELO BERNARD WATER BILL: Mr. Barnard has asked the :Board to waive the penalty on his high water bill due to a leak (approximately $ 800.00) until he gets it paid off. The Board agreed to this and approved the following resolution: RESOLUTION, offered by Mr. Shattuck and seconded by Katrina Greenly: WHEREAS, Consuelo Bernard, the owner of a residence at 23 Peruville Road located in the Town of Lansing, approached the Town with a concern about an unusually high charge on a recent water bill for the residence; and WHEREAS, it was determined that the high reading was due to an undetected water leak in the residence; and WHEREAS, the residence owner is willing to pay the charge provided payment could be made in installments; BE IT RESOLVED, that the Town Board agrees to allow Consuelo Bernard to pay the subject water bill charge in installrents; BE IT FURTHER RESOLVED, that the Town Board agrees to waive any late fees or penalties associated with the installment payments of subject water bill. Vote of Town Board.... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson REGULAR TOWN BOARD MEETING Date: May 16, 2001 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 20 Roll Call. 3. Privilege of the Floor. 40 Insurance Renewal - John Bailey 5. Water Bill - Consuelo Bernard 6. 8:00 P.M. - Public Hearing - Water District # 17, Ext. #8 7. Sewer Contract Vote - Six Signatures within Sewer Group, 8, Engineer's Report - Change Orders 9, Highway Superintendent's Report. 10. Code Enforcement Officer's Report. 11. Approve Audit. 12. Resolution to Approve Increase in Marriage License Fees. 13. Board Member Reports. 14. Executive Session if Needed. 15. Adjournment. 243 Continued, May 16, 2001 Vote of Town Board ...(Aye) Francis Shattuck Councilperson Vote of Town Board ...(Aye) Stephen Farkas, Supervisor SEWER NEGATIONS: Mr. Shattuck stated that at this point, there are three permanent owners of the Ithaca Sewer Plant being the Town of Dryden, the Town of Ithaca and the City of Ithaca. The Town of Lansing, Village of Lansing and Village of Cayuga Heights are bring considered for ownership. All Municipalities have agreed to change the policy of who signs on any further contracts, sub- contracts, etc. The following resolution was passed to allow the Town of Lansing to become one of the six signatures: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, an inter - municipal committee has organized and met to negotiate the agreements necessary to construct and operate a joint inter - municipal sewer system on behalf of the City of Ithaca, Town of Ithaca, Lansing and Dryden, and the Villages of Cayuga Heights and Lansing; and WHEREAS, the committee has decided to introduce a system for voting, with each involved municipality having one vote; BE IT RESOLVED, that the Town of Lansing participate as a voting member with one vote on the committee negotiating the inter - municipal sewer agreement. 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 CHANGE ORDERS FOR WATER PROJECTS• RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly: WHEREAS, the Town Board of the Town of Lansing has by prior Resolution, implemented a Water Systems Improvement Project, involving the Construction of Water District 19, Water District 12 Extension 2 and Water District 2 Extension 3; and WHEREAS, it has been determined that the implementation and use of pipes in the Project which are of sizes different from those specified in the original Project Plan would reduce the overall cost of the Project by $13,000; and BE IT RESOLVED, that Lansing Town Supervisor, Stephen Farkas, be authorized to sign change orders for the implementation and use of pipes in the Water Systems Improvement Project which are of sizes different from those specified in the original Project Plan thereby reducing the overall cost of the Project by $13,000. 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. Larson, Highway Superintendent, reported the following: Mr. Larson stated that he has received notification from New York State that they do not feel the speed limit should be lowered and will remain at 55 miles per hour. He stated that 244 Continued, May 16, 2001 Scofield Road will also remain as is. ADOPT -A- HIGHWAY PROGRAM: Mr. Larson has received his first request for this program which will be on Lansing Station , Ludlow, Bill George and Algerine Roads. He will post two signs at Algerine Road and 34B and at Lansing Station Road and 34B. He will sign the contract soon and get the signs on order. PAVING: The paving in Myers Park has been finished. Will start on Horvath Drive tomorrow. Triphammer Terrace and Cherry Road will follow. NORTH TRIPHAMMER ROAD PROBLEMS: Mr. Larson stated that he has received many complaints regarding the shape North Triphammer is in. He discussed this with the County and they informed him that they have received no complaints. Mr. Larson is now telling everyone to call the County with their complaints and to request in writing, what the status is. Mrs. Overstrom stated that she understands that they are not going to widen the road now, but will keep it the same width. CODE ENFORCEMENT OFFICE REPORT: Mr. Farkas stated that construction was up approximately 1 '/2 million dollars from last year and they have been very busy. AUDIT RESOLUTION: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following Budget Modification: VOUCHER NUMBERS: 365-463 PREPAID VOUCHERS: 365-366 FUND TOTAL APPROPRIATIONS General Fund $ 579809.23 Highway Fund $ 88,910.97 Lansing Lighting Districts $ 15324.52 Lansing Water Districts $ 25214.10 Town Hall Project $ 59743.46 Lansing Library $ 13836.09 Ottenschott Property $ 500.00 Budget Modification: FROM TO FOR AMOUNT A1990.400 A1430.400 Amtek contract payments $ 13,000.00 A1620,400 A1620.405 Repair window in Supv. Office $ 203.66 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson 245 Continued, May 16, 2001 Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor PUBLIC HEARING - WATER DISTRICT 17 EXTENSION 8: Notice having been furnished, the Public Hearing regarding Water District No. 17, Extension 8 was called to order at 8:00 p.m. All persons desiring to be heard, having been heard, the Public Hearing was closed at 8:01 p.m. and the following resolution was adopted: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly. WHEREAS, the Town of Lansing has established Water District 17 Extension 8 within the Town of Lansing to provide water service to a single residence on White Tail Crossing, being tax map parcel 25. -1 -1.2 in the Town of Lansing; and WHEREAS, the owner of the property has prepared a map, plan and report as well as prepared surveys and plans for the construction of the improvement; and WHEREAS, the Town Board of the Town of Lansing, having been designated as the lead agency for conducting environmental review of the proposed project, and having conducted such environmental review and after due deliberation having made a negative declaration of environmental impact; THEREFORE IT IS RESOLVED, that the Town Board of the Town of Lansing hereby finds that the proposed Water District 17 Extension 8 complies with the requirements of the New York State Environmental Quality Review Act and therefore makes a negative declaration of environmental impact. 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 ORDER AND RESOLUTION OF THE TOWN BOARD TOWN OF LANSING ESTABLISHING WATER DISTRICT 17 EXTENSION 8 WHEREAS, the owner of property along White Tail Crossing has requested the creation of a water district extension to be known as "Water District 17 Extension 8" in the Town of Lansing, Tompkins County, New York, that request having been duly presented to this Town Board together with the necessary map, plan and report prepared by the Engineer for the owner of the property, and WHEREAS, an order was duly adopted by the Town Board on April 18, 2001, reciting the improvements proposed, the boundaries of the proposed district and the estimated expense thereof and specifying May 16, 2001 at 8:00 o'clock PM as the time and the said Town Hall in the said Town of Lansing as the place where the said Board would meet to consider the proposed water district extension and to hear all persons interested in the subject thereof, concerning the same and said Order setting a public hearing was published and posted as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on this 16th day of May, 2001 commencing at 8:00 PM at the Town Hall in the said Town; NOW, upon the evidence given upon such hearing and upon motion of Meg Overstrom, Councilperson and seconded by Francis Shattuck, Councilperson, and unanimously passed, it is R Continued, May 16, 2001 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 a required by law, and are otherwise sufficient; (b) the proposed water district extension will be constructed to provide water service to single residence at tax map parcel 25. -1 -1.2 (c) it is in the public interest to establish the Water District 17 Extension 8; 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, the service therein mentioned be provided for, and the necessary easements and lands be acquired, upon the required funds being made available or provided for by the owner of the property; and it is FURTHER RESOLVED, that such district extension shall be designated and know as the "Water District 17 Extension 8" and shall be bounded and described as all of the property being Tax Map Parcel 25. -1 -1.2 located on White Tail Crossing in the Town of Lansing, 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 by the owner of tax parcel 25.- 1 -1.2; and it is FURTHER RESOLVED, that this Resolution is not subject to approval by the New York State Department of Audit and Control; and it is FURTHER RESOLVED, that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file this Order with the Tompkins County Clerk. 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 INCREASE IN MARRIAGE LICENSE FEE: WHEREAS, the fee for obtaining a Marriage License in the Town of Lansing is currently $18.00 and; WHEREAS, a motion was made by Meg Overstrom, Councilperson to raise the fee to $25.00, which was seconded by Katrina Greenly, Councilperson and the vote being unanimous, it is RESOLVED, that the fee for obtaining a Marriage License in the Town of Lansing will be raised from $18.00 to $25.00. 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 TOWN BOARD REPORTS: MEG OVERSTROM: 247 Continued, May 16, 2001 TOWN CENTER COMMITTEE: The Town Center Committee is now looking at two different strategic plans and would like input from the Planning Board and the Town Board. Mr. Shattuck felt the Committee should hold off until they look at Schedule 1 of the Zoning Laws. He also felt they should look at the sewer scoping project before going forward. The Board agreed the Committee should continue with the planning guidelines. KATRINA GREENLY: LIBRARY COMMITTEE: She reported that the last big work day is scheduled for Sunday and that the Library should open sometime in June. FRANCIS SHATTUCK: ECONOMIC DEVELOPMENT COMMITTEE: Mr. Shattuck stated that meetings have not begun as of yet. Mrs. Overstrom stated that she knows individuals that would like to be involved in the committee. SEWER COMMITTEE: The scoping is ready to be done and all Municipalities have agreed to pay their share. They are presently trying to figure out how much capacity is available and what the buy -in formula should be. Mr. Farkas would like to have a Public Information meeting in the near future. BEAN HILL LANE PROPERTY: Mr. John stated that the individual who made a purchase offer on the land would like to renegotiate the price. Mr. John will discuss this in Executive Session. WATER DISTRICT 12 EXTENSION 20 Mr. John stated that Water District 12, ext. 2 is in Agriculture District 1 and that Mr. Herrick has gone through the Notice of Intent process of notifying Ag and Markets and the DEC and the Tompkins County Ag Lands Protection Board. All have commented and are waiting for the Town Board to make a Resolution and authorize the Supervisor to certify that the requirements have been met to the Commissioner of Ag and Markets. The following resolution was than adopted. RESOLUTION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on the 16th day of May 2001, with the following members PRESENT: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson. ABSENT: Herbert Beckwith Councilperson, WHEREAS, Water District 12 Extension 2 is located within Agricultural District No. 1; and WHEREAS, the Town Board of the Town of Lansing has found that the requirements of Article 25AA of the Agriculture and Markets Law have been met with regards to Water District Continued, May 16, 2001 12 Extension 2, and, to the maximum extent practicable and consistent with social, economic and other essential considerations in the construction of this water district extension, adverse agricultural impacts identified in the notice of intent process will be minimized or avoided; and WHEREAS, the Town Board of the Town of Lansing reached this conclusion based upon several factors including the following: 1. There is no active farmland in this area. 2. The area is not contiguous to the actively farmed areas of the Town. 3. The area is predominantly residential. 4. The area will be removed from the Ag District in the next review. 5. The soil resources in this area limit profitable farming. 6. Under the Town Master Plan, preservation efforts for farmland are directed towards other areas of the Town, particularly in the north area of the Town where viable farming is occurring and the soil types can support continued agriculture at this time. 7. The Tompkins County Agriculture & Farmland Protection Board concurs that this water district extension will not have any adverse effect on farming activities. 8. The Commissioner of Environmental Conservation and the Advisory Council on Agriculture did not identify any adverse impacts. THEREFORE, based upon a motion of Francis Shattuck and seconded by Meg Overstrom with the vote being unanimous, it is hereby RESOLVED, that the Town Board adopt a Resolution certifying that Water District 12 Extension 2 meets the requirements of Article 25AA of the Agriculture and Markets Law; and it is FURTHER RESOLVED, that no lateral connections will be allowed from Water District 12 Extension 2 to allow water service to other lands without compliance with the requirements of Article 25AA of the Agriculture and Markets Law; and it is FURTHER RESOLVED, that Town Supervisor, Stephen Farkas, be authorized to send this Resolution and a letter to the Commissioner of Agriculture & Markets as certification that Water District 12 Extension 2 meets said requirements. 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 PUBLIC SALE - OTTENSCHOTT PROPERTY: Mr. John stated that the public sale was held on the foreclosure of the Ottenschott premises and the Town of Lansing was the ultimate bidder in the amount of $ 130,000.00. The following resolution was then offered: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Shattuck: WHEREAS, the Town of Lansing, as the holder of the mortgage on property owned by Martin Ottenschot being tax map parcels 31. -6 -9.1 and 31. -6 -10 located at 17 Ridge Road in the Town of Lansing was scheduled for a foreclosure sale on May 2, 2001, pursuant to a Judgement of Foreclosure and Sale; and WHEREAS, pursuant to said foreclosure, said premises was advertised to be sold at public auction on the 2nd day of May, 2001, at the Tompkins County Courthouse; and WHEREAS, Town of Lansing Town Supervisor, Stephen Farkas, bid $130,000.00 on 249 Continued, May 16, 2001 behalf of the Town of Lansing to purchase the subject property at the public auction; and WHEREAS, the Town of Lansing bid was deemed to be the highest bid received for the property, awarding said property to the Town of Lansing; BE IT RESOLVED, that the Town Board of the Town of Lansing hereby authorizes and approves the auctions taken by Town Supervisor, Stephen Farkas for the bidding and purchase at Public Auction on May 2, 2001 of tax map parcels 31. -6 -9.1 and 31. -6 -10 located on Ridge Road in the Town of Lansing; and it is further RESOLVED, that the Town Board of the Town of Lansing hereby authorizes and approves any and all additional related actions taken by Town Supervisor, Stephen Farkas on behalf of the Town of Lansing subsequent to the Public Auction of May 2, 2001 necessary to complete the purchase of tax map parcels 31. -6 -9.1 and 31. -6 -10 located at 17 Ridge Road in the Town of Lansing. FINANCING OF SEWER PROJECT: Mr. John stated that himself and Mr. Herrick had discussed the formula for financing the sewer projects within the Town and how it could be done in terms of buying blocks of capacity from SJS and what the legally correct way would be. He felt that the financing arrangements that Mr. Herrick suggested could be done under the law but he felt it would be a good idea to get the N.Y.S. Comptroller's opinion in the matter. The following resolution was then adopted: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: WHEREAS, the in connection with the formation of a joint inter - municipal sewer system between several municipalities in Tompkins County, including the Town of Lansing, the Town Board of the Town of Lansing is examining the system of financing the purchase of treatment capacity; and WHEREAS, the system for financing the purchase of treatment capacity adopted by the Town of Lansing will be subject to review by the New York State Department of Audit and Control; and WHEREAS, the New York State Department of Audit and Control, through the Comptroller, provides advisory opinions on questions of municipal finance; and WHEREAS, obtaining an opinion from the New York State Comptroller in advance of implementing a system of financing the purchase of blocks of treatment capacity would ensure that the Town of Lansing was proceeding in an appropriate manner; BE IT RESOLVED, that Town Attorney, Richard T. John, Esq. be authorized to seek an advisory opinion from the New York State Comptroller concerning the system contemplated for the financing of treatment capacity from the intermunicipal sewer project. 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 ALBERT LINDERBERRY REQUEST: Mr. Farkas stated that Albert Linderberry of Emmons Road in the Town of Lansing has filed a complaint with regards to the appearance of the road side along Auburn and Ridge Road from sign to sign. Mr. Linderberry is also contacting the State of New York and will begin a personal campaign over said issue. Mr. Farkas stated that this is a State Highway and that the Town Highway Department 250 Continued, May 16, 2001 does not have enough man power to physically pick up debris along said road. CELL TOWER: Mr. Tom Kirby asked the Town Board what the status was on the proposed Cell Tower Project. Mr. Farkas stated that SBA has requested that the proposal be tabled at this point but not withdrawn. RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel matter, a property issue and the payment of a bill submitted to the Town at 8:45 p.m. Carried. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:31 p.m. On motion, meeting adjourned at the call of the Supervisor at 9:32 p. �7