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HomeMy WebLinkAbout2002-02-0623 Date: February 06, 2002 Time: 7:00 p•m• Place: Town Hall Board Meeting Room Agenda 1. Cal Meeting to Order. 2. Pledge of Allegiance. 3. Privilege of the Floor. MEETING 40 Set Public Hearings for Better Housing 00 raa t* p.m. February March 20, 2002 at 7:00 p.m. office Clerk Position at Grade 4 in Salary Schedule. 5. Set Code O 6. Executive Session. X11 February 6, 2002 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 Katrina Greenly Douglas McEver Meg Overstrom Francis Shattuck Bonita Boles ROLL CALL Supervisor Councilperson Councilperson Councilperson Councilperson Town Clerk Present Present Present Present (7:37) Present Present Richard John Town Attorney Present VISITORS: Jack French, Richard P1att,Victoria Freile and one Boy Scout. PUBLIC HEARINGS FOR BETTER HOUSING GRANTS: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Shattuck: WHEREAS, the Town Board of the Town of Lansing has received a request from Better Housing of Tompkins County for support of a grant application to allow for Better Housing of Tompkins County to make loans for the repair and maintenance of homes owned by lower income residents of the Town of Lansing, and WHEREAS, the Town Board of the Town of Lansing supports the work of Better Housing of Tompkins County to provide assistance to lower income residents of the Town in maintaining properties and fostering an environment where residents can continue to own their own homes and keep them in reasonable repair, particularly the older housing stock of the Town of Lansing; and WHEREAS, the Town of Lansing Town Board wishes to participate in a grant program through 2002 Small Cities Program that would provide funding for Better Housing projects within the Town of Lansing and in connection therewith it is necessary to conduct a public hearing; therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby schedules two public hearings to receive input on the grant program through the 2002 Small Cities Program, to be held on February 21, 2002 and March 20, 2002 at 7:00 p.m. at the Lansing Town Hall. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, 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 UPGRADE CODE ENFORCEMENT OFFICER'S CLERK POSITION: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having considered a proposal to restructure the Code Enforcement Office Clerk's position to better reflect the job duties and responsibilities; therefore, it is hereby RESOLVED, that the Town. of Lansing Town Board hereby changes the civil service classification for the Code Enforcement Office Clerk to a grade four in the salary structure. 25 Continued, February 6, 2002 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, 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 INSURANCE FOR NOTARIES: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: WHEREAS, the Town of Lansing employs several individuals who are also notary publics and, as such, provide notarial services to residents of the Town of Lansing; and WHEREAS, when acting on behalf of the Town of Lansing as notary publics, the individuals involved assume certain liabilities for their actions, and WHEREAS, there is insurance available to the Town of Lansing which will provide protection from liability for Town employees who are acting as notary publics in their capacity as Town employees at an annual cost of $ 135.00, therefore, it is RESOLVED, that the Town of Lansing Town Board hereby authorizes the Town Supervisor to purchase insurance to provide liability protection to those Town employees who are notary publics at a cost not to exceed $ 135.00. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, 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 HEARING FOR GRANNY FLATS, RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: WHEREAS, New York State has recently added Section 469 to the Tax Law to create a tax exemption for increased assessed values of residential property, where the increased value is due to construction or reconstruction of living quarters for parents and grandparents; and WHEREAS, the Lansing Town Board believes such a tax exemption will provide some assistance to families who wish to have a parent or grandparent reside with them as well as to improve properties and the housing stock within the Town of Lansing; and WHEREAS, the Town of Lansing may pass a Local Law to adopt this tax exemption by local option pursuant to the New York State Home Rule Law, and the text of the proposed Local Law is as follows: Be it enacted by the Town Board of the Town of Lansing as follows: Section 1. This Local Law shall be entitled "Local Law No. 1 of the Year 2002" and shall authorize a Property Tax Exemption for Living Quarters for Parents and Grandparents Age 62 or Older, which shall read as follows: Exemption. Pursuant to Section 469 of the Real Property Tax Law, there shall be an exemption from taxation to the event of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living quarters for a parent or grandparent who is sixty -two years of age or older. Such exemption shall not exceed (a) the increase in assessed value resulting from construction or reconstruction of such property, or (b) twenty percent of the total assessed value of such property as improved, or (c) 26 Continued, February 6, 2002 twenty percent of the median sale price of residential property as reported in the most recent sales statistical summary published. by the state board for the county in which the property is located, whichever is less. Section 2. No such exemption shall be granted unless the residential property so constructed or reconstructed is the principal place or residence of the owner. Section 3. This Local Law shall take effect upon filing with the Secretary of State. WHEREAS, the Town Board of the Town of Lansing wishes to receive public input on the proposed local law, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby schedules a public hearing to receive public input on the proposed local law to be held on February 21, 2002 at 7:15 p.m. at the Lansing Town Hall. Vote of Town Board. (Aye) Katrina Greenly, Councilperson Vote of Town Board. (Aye) Doug McEver, 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 YEAR END BUDGET MODIFICCATIONS: RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the Town Board of the Town of Lansing dose hereby authorize the following Budget Modifications for they year 2001: FROM TO FOR AMOUNT A599 A1220.130 A1620.406 A1010.400 A1010.400 A1420.400 A1410.400 A1010.400 A1410.400 A1410.400 A 1440,400 A1620,404 A1620,404 A1630.100 A1630.100 A5132.410 A5132.410 A5132.410 A5132.410 A7020.404 A7110,110 A7110,110 A7110.110 A7140.410 A7140.405 A7140.400 A9901.900 Al 110.130 Al 110, 120 A1410.100 A1410.110 A1410.400 A1420,401 A1410.400 A1420.403 A1430.400 A1440,406 A1620.110 A 1620.400 Al 630.110 A1630.403 A5010.120 A5132.403 A5132.406 A5182.403 A7020.400 A7110.130 A7110.200 A7110.403 A7140.200 A7140.200 A7140.200 Add' l highway equip. Purchases Justices - Pers Sery - PT Clerk Justices - Pers Sery - Clerk Town Clerk- Pers.Sery Town Clerk- Pers.Sery Town Clerk- Contractual Sewer District Study Town Clerk- Contractual Water # 17, Ext. #5 Personnel Contractual (amtek) Engineer -Misc Water Ext. Town Hall - Highway Labor Town Hall - Contractual Comm Cntr - Highway Labor Comm Cntr - Electric Sr Typist Garage - Electric Garage - Gas Street: Lighting Rec Admin - Contractual Parks - Highway Labor Parks - Equipment Parks - Electric Playground - Equipment Playground - Equipment Playground - Equipment 78,000.00 (add'1 fund bal.) 2,215.75 5,109.32 109.30 975.93 1,223.67 500.00 575.64 62.50 13.14 1,782.50 1,182.40 973.29 97.20 94.03 340.84 405.15 794.76 159.59 37.91 2,351.09 1,706.90 191.55 2,074.00 1,500.00 232.25 27 A7140.400 A7310.100 A7310.110 A7320.110 A7320.420 A7320.400 A9010.800 A9030.800 A9040.800 A1990.400 A7180.400 A7310.400 A7310.400 A7310.400 A7320.410 A7320.410 A9060.800 A9060.800 A9060.800 A9901.900 Continued, February 6, 2002 Beach - Contractual 483.03 Youth Program - Contractual 15612.92 Youth Program - Contractual 628.56 Youth Program - Contractual 454.08 Youth Services - Contractual 25000.00 Youth Services - Contractual 36.00 Health Insurance 3,036.15 Health Insurance 45220.49 Health Insurance 13959.02 Transfers to HJ (Ottenschott) 33322.70 Appropriate Additional Fund Balance to Cover the Following: B3620.100 B3620.400 Inspector - Contractual 46.10 B3620.100 B8010.400 Zoning - Contractual 19111.70 DA5148.100 DA9060.800 Health Insurance DB5110,110 DB5110.400 D135112, 100 DB9010.800 DB9030.800 DB9040.800 DB9050.800 DB9089.800 DB599 DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance DB9060.800 Health Insurance SW8340.400 SW8320.400 Source of Supply - Contractual SW8340.400 SW8340.100 Highway Labor SW8340.400 SW9030.800 Social Security SS3- 8120.4 SS3- 8120.100 Personal Services SS3- 8120.4 SS3- 9030.800 Social Security SS3- 8120.4 SS3- 9089.800 Medicare 14,462.60 .87 1,269.53 1.65 1,765.58 455.80 702.00 1,454.38 131.99 73608.68 (Add'l Fund Bal.) 10,208.61 1,714.23 306.87 575.89 371.64 86.92 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board. (Aye) Doug McEver, 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 APPOINTMENT OF DANIEL KONOWALOW: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Shattuck: WHEREAS, the Lansing Town Board, having received a request from the Intermunicipal Tompkins County Transit Client Committee for assistance in conducting the North East Surface Transit Planning Project including participation by a Town representative; and WHEREAS, the North East Surface Transit project proposals would have a significant effect upon the residents of the Town of Lansing; therefore, it is hereby RESOLVED, that the Town of Lansing Town Board hereby appoints Daniel Konowalow to serve as a Town of Lansing representative to the Intermunicipal Tompkins County Transit Client Committee to assist in reviewing the North East Surface Transit Planning Proj ect. Wet Continued, February 6, 2002 Carried. USE OF THE OLD EGAN'S STORE BUILDING: RESOLUTION, offered b;y Mr. Shattuck and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board has received a request from a potential user of property located at the intersection of East Shore Drive and Auburn Road, being the former grocery store for information on whether the property is zoned for storage warehousing as an allowed use; and WHEREAS, under the Town of Lansing Land Use Ordinance a request for such use would require a site plan review; therefore, it is hereby RESOLVED, that the Town of Lansing Town Board hereby authorizes the Planning Board to conduct site plan review in the event that an application is received for use of the above - identified property as storage /warehouse space. Carried. MYERS ROAD BRIDGE BONDS. A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 517,800.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE: RECONSTRUCTION OF THE MYERS ROAD BRIDGE IN THE TOWN OF LANSING. RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: WHEREAS, the Town of Lansing has entered into an Agreement dated August 19, 1997, with the County of Tompkins for the joint reconstruction and financing of the Myers Road Bridge in the Town of Lansing; and WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the Town Board, by bond resolution dated November 19, 1997, and by resolution of correction of the maximum maturity date dated September 2, 1998, authorized the issuance of $ 616,000.00 serial bonds of the Town of Lansing which bonds having a maximum maturity of the serial bonds not to exceed twenty years, and by a Bond Renewal Resolution dated February 3, 1999, and by a Bond Renewal Resolution dated February 2, 2000, and by a Bond Renewal Resolution dated January 17. 2001, having issued serial bonds and renewals thereof, and by this resolution; it is resolved as follows: 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 object or purposes of paying the costs of reconstruction of the Myers Road Bridge in the Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued $ 517,800.00 serial bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned among such costs of construction in accordance with the maximum estimated cost of the improvement. Pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the reconstruction of the Myers Road Bridge in the Town of Lansing, Tompkins 29 Continued, February 6, 2002 County, New York, the aforesaid specific object or purpose is twenty years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed twenty years. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $ 517,800.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $ 5175800.00. 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 10 of paragraph a. of Section 1 1.00 of the local Finance Law applies to the specific object or purpose of the cost of construction set forth herein, and that the period of usefulness thereof is twenty years computed from the dated of the issuance of the first serial bond or the first bond anticipation note issued thereof. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed twenty years. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such note 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 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, an action, suit or proceeding contesting such validity is commenced with 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 30 Continued, February 6, 2002 purpose, together with a notice of the Town Clerk in the form 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: Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, 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 LIBRARY RENOVATIONS: Mrs. Greenly stated that the basement of the Library will be renovated and that there is $ 25,000.00 in the budget to perform the renovations. ANNEX TABLES: Mr. French stated that 14 tables were delivered today and that his department will label them as Town property soon. TCAT BUS LINE: Mr. Shattuck stated that the bus line in Lansing may be extended in the future. Mrs. Overstrom suggested a representative from TCAT make a presentation to the Board regarding this matter and she will set up a meeting soon. EXECUTIVE SESSION: RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: RESOLVED, that the Regular Session be adjourned to go into Executive Session to discuss the old Highway Garage at 7:50 p.m. Carried. RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:29 p.m. Carried. OLD HIGHWAY GARAGE: RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: WHEREAS, the Town Board of the Town of Lansing, having received a proposed Stipulation from the New York State Department of Environmental Conservation entitled "Stipulation Pursuant to Section 17••0303 of the Environmental Conservation Law and Section 176 of the Navigation Law," the purpose of which is to reach an agreement upon the terms of a clean up of a petroleum spill on property located at Auburn Road in the Town of Lansing: and WHEREAS, the Town of Lansing having been the owner of the property located near the intersection of Auburn Road and the Old Peruville Road, being known as the Old Highway Barn, which property was used by the Town of Lansing Highway Department up until 1968 as the Town Highway Barn, including the possible underground storage of petroleum products; and 31 Continued, February 6, 2002 WHEREAS, the Town of Lansing sold the property in 1987, wherein the property was ultimately transferred to the current owner of the property, Stuart Lewis, and the current owner has requested the Town participate in the investigation and remediation of the contamination; and WHEREAS, the Town having received a report of contanimation on the property and having participated in the investigation thereof and having received a report from the RETEC Group, Inc., dated January 15, 2002 regarding the results of testing of soil samples on the premises, and the Town Board having communicated with the Department of Environmental Conservation concerning the results; and WHEREAS, the Department of Environmental Conservation has recommended the placement of two monitoring wells on the premises to allow future assessment of any further contamination on the premises; and WHEREAS, the Town Board has received a proposal from Empire Soils (under Proposal No. CNY 030) for the placement of two monitoring wells on the property and for follow up testing of samples taken from the wells, at an estimated cost of $ 3,800.00; and WHEREAS, the Town Board of the Town of Lansing having duly deliberated upon the results of the tests performed to date, and upon the results of its own investigation of the potential causes of the contamination, and WHEREAS, the proposal Stipulation with the Department of Environmental Conservation does not act as an admission of liability, but provides for an agreement to facilitate the clean up and monitoring of the property, therefore it is RESOLVED, that the Town of Lansing Town Board hereby authorizes the Town Supervisor to execute the Stipulation with the New York State Department of Environmental Conservation entitled " Stipulation Pursuant to Section 17 -0303 of the Environmental Conservation Law and Section 176 of the Navigation Law" to facilitate the clean up and monitoring of the above identified property; and it is FURTHER RESOLVED, that the Town Supervisor is authorized to execute an agreement with Empire Services (under Proposal No. CNY 030) for the placement of two monitoring wells on the property and for follow up testing of samples taken from the wells, at a cost not to exceed $ 35800.00. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, 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 On motion, meeting adjourned at the call of the Supervisor at 8:30 p.m. / ,s�� y 16e4J2