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Home My WebLink About2002-12-18�f REGULAR TOWN BOARD MEETING Date: December 18, 2002 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2. Pledge of Allegiance. 3. Public Hearing - 7:05 p.m. - Time Warner Cable Co. - Franchise Contract. 4. Privilege of the Floor. 5, Engineer's Report. 6, Highway Superintendent's Report, 7, Code Enforcement Officer's Report, 8. Appointment of Electrical Inspector effective January 1, 2003, 9. Appointment of Recreation Supervisor effective January 1, 2003. 10. Approve request to create an additional position of Principal Acct. Clerk/Typist Job title from Tompkins County personnel. 11. Approve travel to Association of Town Conference - $75 /day Travel Allowance pre -paid. 12. Approve Minutes of October 23rd and November 20th, 13, Approve Audit, 14, Board Member Reports, 15, Executive Session if Needed. 16. Adjournment. 178 December 18, 2002 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. Stephen Farkas Katrina Greenly Doug McEver Meg Overstrom Francis Shattuck Bonita Boles Guy Krogh S Supervisor Present Councilperson Present Councilperson Present Councilperson Absent Councilperson Present Town Clerk Present Town Attorney Present The Supervisor lead all present in the Pledge of Allegiance. VISITORS: Tony Hall, Dick Platt, Dave Herrick (7:20), Jack French, Connie Wilcox and a rep. from the Ithaca Journal. DKIZA On motion, the Public Hearing was opened at 7:05 p.m. Mr. Shattuck gave an overview of the proposed contract. He stated that the prices (except for basic) will be rising but that nothing else will change. No one voiced any objection and all persons desiring to be heard, having been heard, the public hearing was closed at 7:10p.m. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: WHEREAS, an application has been duly made to the Town Board of the Town of Lansing by Time Warner Entertainment- Advanced/Newhouse Partnership, a New York General Partnership, organized and existing under the laws of the State of New York, d/b /a Time Warner Cable with a local place of business located at 519 W. State Street, Ithaca, NY 14850, and holder of a cable television franchise in the Town of Lansing, for the approval of an agreement to renew Time Warner Entertainment- Advanced/Newhouse Partnership's cable television franchise for an additional ten (10) years commencing December 18, 2002, and WHEREAS, the Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings, and WHEREAS, a Public Hearing was held at 7:05 p.m. on December 18, 2002 at the Lansing Town Hall and notice of the hearing was published in the Ithaca Journal on December 6, 2002, now therefore, be it RESOLVED, that the Town Board for the Town of Lansing voted to approve the agreement to renew the Time Warner Entertainment- Advanced/Newhouse Partnership's cable television franchise on December 18, 2002, and be it FURTHER RESOLVED, that the Town Board of the Town of Lansing finds that: 1. The quality of time Warner Entertainment- Advanced/Newhouse Partnership's service is believed reasonable in light of community needs; and 2. Time Warner Entertainment- Advanced/Newhouse Partnership has the financial, legal and technical ability to provide the services, facilities and equipment as set 17° Continued, December 18, 2002 forth in its attached proposal; and 3. Time Warner Entertainment- Advanced/Newhouse Partnership can reasonably meet the future cable - related community needs and interests, taking into account the cost of meeting such needs and interests. BE IT FURTHER RESOLVED, that the Town Board of the Town of Lansing hereby renews the cable television franchise of Time Warner Entertainment- Advanced/Newhouse Partnership in the Town of Lansing for ten (10) years commencing December 18, 2002 and expiring December 17, 2012, BE IT FURTHER RESOLVED, that the Town Board of the Town of Lansing hereby confirms that this Franchise Renewal Agreement replaces the original franchise granted and all amendments thereto, and authorizes the Town Supervisor to execute the attached agreement on behalf of the Town. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor JACK FRENCH - HIGHWAY SUPERINTENDENT• EAST SHORE DRIVE WATER LINE• Mr. French stated that the pipes are in place but that they cannot proceed until the weather breaks. EMPIRE SOIL: Empire Soil will drill two wells on the old highway garage property. NYMIR: The Town's properties were inspected today by NYMIR and nothing was found at the Highway Department. The Library storage room needs to be cleaned out and there are a few minor things that need to be fixed at the Town Hall. He also stated that the playground equipment in the Ludlowville park needs to be removed. All of the water towers need to have fencing around them. DICK PLATT - CODE ENFORCEMENT OFFICER• He went over his monthly report and stated that they were down by 10 permits and down in project costs by $ 863,015.26 from last year. JUNK PROBLEMS: Mr. Platt will sit down with the Judges and discuss how these situations will be handled. ZBA BOARD: Mr. Platt stated that Steve White did not show up for the last meeting and that he has missed all meetings that took place this year. He stated that an alternate needs to be appointed so they can have a full board at the next meeting. FEE SCHEDULE: Mr. Farkas stated that the new fee schedule will be put in place at the close out meeting at 180 Continued, December 18, 2002 the end of the year. Mr. Platt would like a fee for fire inspections added to the fee schedule. The fee discussed would be $ 25.00 per inspection. 07414401 The sewer committee will meet tomorrow. Sterns and Wheeler will provide the Town with an up date from 1996. After the figures are received the Town Board will have to have work sessions to decide which way to go. u ' CL t%W 1 u M1 1 _N- Water District # 17 Extension # 7: T.G. Miller met with SCLIWC staff to discuss the system impacts of serving the Town of Genoa with upwards of 3000,000 gpd. Modifications to the Town's infrastructure will be expensive for dependable service and include the following: - Pine Grove Pump Station will need a third pump at 400 gpm or replace the two existing pumps. The pump run time (and electric use) will increase significantly. - Transmission of the 300,000 gpd should avoid the Village Circle Tank grid and use the Burdick Hill Tank system. This requires shifting the E. Shore Drive mains over to the Burdick Hill grid and connecting to Ridge Road via Drake Road. A new main on Atwater Road from Asbury to E. Shore Drive would be needed to serve customers on the crest (vicinity of restaurant) with higher pressure from the Village Circle system. - The increased level of disinfection by- products (THM's) at the north end of the Town's water system could trigger the need for carbon filtering. SCLIWC is apparently responsible for maintaining acceptable THM levels even if Cayuga County WSA is a bulk customer. - All of these factors, in addition to the expectation that Cayuga County WSA will assist the Lansing residents in lowering their annual debt charge, is going to result in a substantial bulk water rate. - SPDES General Permit for MS4's Workshop series at Syracuse University on January 7th for any interested Board Members. TGM will be attending. - Intermunicipal Sewer Committee At the last "Group of 6" meeting the committee conceded that an agreement for a partnership of all 6 municipalities was not progressing and therefore not likely to come to fruition. An alternate "business arrangement" was suggested that will deliver regional environmental benefits without resolving regional governance issues. The basic concept of the business alternative is to divert a flow out of the Village of Cayuga Heights collection system equivalent to the daily flows generated by the VCH customer base in the Towns of Ithaca and Dryden. An amendment to the SJS service area will have to be adopted by the current Ithaca Area Water Treatment Plant owners to accept the diverted flow. The following issues know face the Town of Lansing with respect to treatment at VCH: - Will the Town expect to become an owner /partner in the VCH plant? - If there is no partnership in VCH then what assurances will the Town require so that another moratorium won't occur? - A new agreement must be considered for long -term treatment at VCH. Does the Town want to continue as a 1.5x rate customer? - Will the Town be expected to bail -out VCH for the apparent lack of system maintenance (I&I) and overextended customer base which is necessitating the immediate diversion of 0.738 mgd? 181 Continued, December 18, 2002 Noel Desch and Hall have drafted a partnership proposal for the VCH plant in an effort to develop a more "regional" solution for the Lansing's and VCH, however, it is likely to meet some resistance at VCH. It is imperative that the future relationships with VCH be worked out know. Additional funding for the balance of the Town's local project costs will be further explored with USDA Rural Development. In 1998 the Town received notification from RD that the project would be eligible for funding on a "funds available" basis. At that time it was expected that loans would be offered. TGM has contacted RD recently and advised them of the latest Bond Act grant funds and the remaining local costs. Margaret West will forward the current pre - eligibility determination application for the Town to process and return. The emphasis should be to obtain grant funds to bridge the difference between the current EDU cost (721 +) and the State Comptroller's threshold ($569). RICK PINNEY - BACK LOT EXTENSION ON ROSS ROAD: Mr. Pinney stated that he had contacted his neighbors and that none of them were interested in forming a water district. The Board looked over the map that Mr. Pinney provided. Mr. Herrick stated that a brief Engineer's report need to be prepared along with filling out the environmental assessment form. After this is done, a Public Hearing could be scheduled. APPOINTMENT OF ELECTRICAL INSPECTOR• RESOLUTION, offered by Mrs. Greenly and seconded by seconded by Mr. McEver: WHEREAS, the New York State Building Code requires that electrical work performed in the Town of Lansing is safely installed; and WHEREAS, by Resolution dated November 20, 2002, the Town Board of the Town of Lansing authorized the creation of the position of Electrical Inspector for the Town of Lansing using the job description for the Civil Service position prepared by Tompkins County; and WHEREAS, Floyd Ferris had applied for the position of Electrical Inspector for the Town of Lansing and his application and qualifications have been reviewed by the Lansing Town Board; therefore, it is RESOLVED, that the Town Board of the Town of Lansing approves the application of Floyd Ferris and appoints him to fill the position of Electrical Inspector for the Town of Lansing, effective January 1, 2003. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPOINTMENT OF FCREATION SUPERVISOR• RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: WHEREAS, the Town Board of the Town of Lansing has examined and considered the administrative requirements of the Town of Lansing Recreation Department; and WHEREAS, by Resolution dated November 20, 2002, the Town Board of the Town of Lansing authorized the creation of the position of Recreation Supervisor for the Town of Lansing; and WHEREAS, Patrick Terrell had applied for the position of Recreation Supervisor for the Town of Lansing and his application and qualifications have been reviewed by the Lansing Town 182 Continued, December 18, 2002 Board; therefore, it is RESOLVED, that the Town Board of the Town of Lansing approves the application of Patrick Terrell and appoints him to fill the position of Recreation Supervisor for the Town of Lansing, effective January 1, 20034 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor 010 41-1 1 !_ V ' 1 Z Mr. Farkas stated that the end of year meeting will be held on December 30, 2002 at 5:00 p.m. at the Lansing Town Hall Board Room. RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: WHEREAS, the Town Supervisor has presented a request to hire a person in a permanent position of Principal Account Clerk/Typist in the office of the Town Supervisor; and WHEREAS, this account clerk/typist position would be a Civil Service position; and WHEREAS, the Town Supervisor has demonstrated the need for such a position; therefore, it is RESOLVED, that the Town Board of the Town of Lansing create a Civil Service position for an account clerk/typist to work in the office of the Lansing Town Supervisor based on the Civil Service Exam scheduled in October of 2002, and will advertise the position as required by Town Law. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Fammittaig; 11 1 - -- RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: WHEREAS, the employees of the Town of Lansing will be attending the New York State Association of Towns conference and training session in New York City from February 16th through February 19, 2003; and WHEREAS, the Town Board of the Town of Lansing supports attendance at the State Association of Towns conferences and training sessions, and such annual attendance is of benefit to the Town of Lansing; therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes a per diem amount of $75.00 for the expenses related to meals and transportation of Town employees while attending the New York State Association of Towns conferences and training sessions. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson X33 Continued, December 18, 2002 Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES: A copy of the minutes of October 23rd and November 20, 2002, having been furnish to the Board Members beforehand, the Supervisor asked for a motion to make changes or to accept the same as submitted. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the minutes of October 23rd and November 20, 2002 are hereby approved as submitted. Carried. AUDIT APPROVAL: RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Vouchers: Pre -Pays: 1145 - 1241 1145 FUND TOTAL APPROPRIATIONS General Fund 32,426.67 Highway Fund 42,593985 Lansing Lighting 15249.74 Lansing Water Districts 829812.61 Cherry Road Sewer 309115045 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor BUDGET MODIFICATIONS: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: RESOLVED, that the bookkeeper is hereby authorized and directed to make the following Budget Modifications: AMOUNT A1620.406 A1620.400 Buildings - Contractual 580.26 A1620,406 A1620.404 Buildings - Telephone 458.59 A16200406 A16300400 Comm. Center - Contractual 16535 A7110.110 A7110.400 Parks - Contractual 81000000 A7110,110 A7140.400 Playground/Rec. Fields 327.20 A7110.110 A73104400 Youth Program - Contractual 15889,11 SW1990.400 SW8310.400 Admin. - Contractual 135.54 SW1990.400 SW8310.402 Admin. - Legal 337.50 SW1990.400 SW8320.400 Source of Supply 6 230.10 1.84 Continued, December 18, 2002 Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor 1 :.:_I ji! A 1_. ll- i-- 1 113.0 01 7u. Mr. McEver reported that 44 puzzles went to the Gossett Center for Christmas and that the Gossett Center thanked the Town very much. �:�i' �:•_. iii The sub - committee for the floating classroom is progressing to the point to where they now have members from Wells College as well as people from Trumansburg High School system. Funds are now available for five (5) jaunts to demonstrate what they will be doing. This will probably take place sometime in April. Cornell University and Ithaca College is also interested in using it for their science classes. Mr. McEver felt this will really take off next year and hopefully it will help develop a lot of grants. The County has presented a personal water craft program that they are trying to get through. He stated that they have now decided to go through the State of New York to be granted the lead agency over the lake so that they can make laws in reference to speeds, distances from the lake and just about any thing else they want to do. Mr. McEver stated that he does not agree to a lot of what is being reported. He does not feel that a lot of the documented figures are right. They want the Town to give their opinion to them by January 17, 2003. The Board will get together to put something in writing at the end of the December 30th meeting. Mrs. Greenly had nothing to report. He felt adequate time has been given to make a decision on the sewer problem. There are two (2) pieces left to the new zoning changes. The Planing Board hopes to meet with the Village of Lansing to go over all of the changes. There have not been enough Planning Board Members in attendance at a couple of meetings. The State allows an alternate and the Planning Board is in favor of this. They recommended that Brian Ivery become an alternate and that the following appointments be made: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. McEver: 185 Continued, December 18, 2002 WHEREAS, the Town of Lansing Planning Board has a current vacancy created by the resignation of Brad Griffin from the position he held on the Planning Board; and WHEREAS, the Town Board has received and reviewed the applications of candidates for appointment to the Planning Board to fill the vacancy and had duly considered such applications; therefore, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby appoints Tom Ellis to fill the remainder of the term of office on the Town of Lansing Planning Board created by the resignation of Brad Griffin, commencing on January 1, 2003. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor REAPPOINT DAVE HATFIELD TO THE PLANNING BOARD: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. McEver: WHEREAS, by Resolution of the Town Board of the Town of Lansing dated February 7, 2000, David Hatfield was appointed to Town of Lansing Planning Board to fill the vacancy created by the resignation of David Lippert; and WHEREAS, the term of this appointment is due to expire as of December 31, 2002; and WHEREAS, David Hatfield has expressed interest in continuing to serve on the Town of Lansing Planning Board; therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby appoints David Hatfield to a seven year term on the Town of Lansing Planning Board, to run through December 31, 2009. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: WHEREAS, the Planning Board for the Town of Lansing has experienced low attendance turn out at Planning Board meetings; and WHEREAS, members of the Planning Board have requested the creation of two alternate member positions to ensure better representation at Planning Board meetings; therefore it is RESOLVED, that two alternate member positions be created on the Town of Lansing Planning Board. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor 186 Continued, December 18, 2002 RESOLUTION, offered by Mrs. Greenly and seconded by Mr. McEver: WHEREAS, by prior Resolution of this date, two alternate member positions were created for the Town of Lansing Planning Board; and WHERE, the Town Board has received and reviewed the applications of candidates for appointment to the Planning Board to fill these positions and has duly considered such applications; therefore, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby appoints Brian Ivery to one of the alternate member positions on the Town of Lansing Planning Board, with such appointment to commence on January 1, 2003 and run through December 31, 2009. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson. Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas,. Supervisor Mr. Farkas thanked Dave Hemck for all of his work in 2002. Cornell Extension wants to run a horticulture program at the Gossett Center. Different areas around the Town could benefit from this. Mr. Farkas suggested a specific unit at the Girls School. He felt it would be a good thing for the community. ULIN RESOLUTION, offered by Mrs. Greenly and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personal matter at 9:38 p.m. Carried. RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:57 p.m.. On motion, meeting adjourned at the call of the Supervisor.