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HomeMy WebLinkAbout2003-02-2022-5 REGULAR TOWN BOARD MEETING DATE: February 20, 2003 TIME: 7:00 p.m. PLACE: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2, Roll Call, 39 Privilege of the Floor: A) Anyone wishing to address the Board. 4. Engineer's Report. 5. Highway Superintendent's Report. 6. Code Enforcement Officer's Report, 7, Small Cities Grant Application - Set Public Hearing for March 5, 2003 and March 19, 2003 - 7:05 p.m. 8. Review Information - Municipal Electric Alliance. 9. Set -up a Computer Technology Committee - Enter as a Service Agreement with Spider Technology Solutions 10, Approve Audit, 11. Board Member Reports. 12. Executive Session if Needed. 13. Adjournment. 226 February 20, 2003 The Lansing Town Board ;met in Regular 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 Doug McEver Meg Overstrom Francis Shattuck Bonita Boles Debbie Crandall Guy Krough ROLL CALL Supervisor Present Councilperson Absent Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present Visitors: Jack French, Dick: Platt, Connie Wilcox, Dave Grygio, Barry Kasonic, Andy Sciarabba, Bill & Jeff Ryan, Tony Hall and Dan Konowalow. The Supervisor lead all present in the Pledge of Allegiance. Supervisor Farkas asked if anyone would like to address the Board, no one responded. Dave Herrick, Town Engineer was absent but asked the Town Board to pass the following Resolution. RESOLUTION, offered by Mr. McEver and seconded by Mrs. Overstrom: RESOLVED, that the Town Board of the Town of Lansing does hereby authorize the Town Supervisor to execute the notice of intent for coverage under a SPDES GENER_Ai PERMIT for Storm water discharges from small municipal separate storm sewer systems. 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 The Highway Department has been busy plowing and sanding roads. The Highway Department has received notice from the State that they have approved a 35 mph speed limit from 34B to Lansing Station and Algerine Road. The tank on the Ottenschott property was found. Safety Clean will remove the tank. There have been two water :main breaks in the Village. Mrs. Overstrom asked what the policy of the Highway Department was on plowing roads when school was canceled. Mr. French replied that it did not make a difference if schools were closed or not they kept the same schedule. 22 February 20, 2003, continued HIMMUM Debbie Crandall opened and read the following bids. Stadium International Trucks - No Bid Roberts Equipment - Plow Equipment - $23,993.00 Beam Mack Sales - 10 Wheel Truck - $82,100.00 Cycon - Spreader Box - $32,581.00 TRS - Snow Removal Equipment - $26,998.00 - $538.00 option one Spreader Box - $30,999.00 Mr. French will review the bids and make a recommendation at the next Board meeting. CODE ENFORCEMENT OFFICER'S REPORT Jerry 2003 Report: 3 Permits down from last year Down in project costs by $27,423.45 Mr. Shattuck requested that the monthly report include the price per project. SEOR FOR CHILD CARE PROJECT RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: WHEREAS, a proposal to build an addition to the Rink/Field to provide for an attached private child care center in the Town of Lansing was presented by the Builder, Barry Kasonic; 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; and WHEREAS, the County of Tompkins also performed a 239 review of the proposed project and had issued a negative declaration of environmental impact; therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby finds that the proposed child care addition located at 1767 East Shore Drive in the Town of Lansing 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) 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 SITE PLAN REVIEW RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: WHEREAS, a proposal to build an addition to the Rink/Field to provide an attached private child care center in the Town of Lansing was presented by the Builder, Barry Kasonic; and WHEREAS, a site plan was reviewed and approved by the Town Planning Board, who, because the project is an addition, had waived the Public Hearing requirement; therefore, it is 228 February 20, 2003, continued RESOLVED, that the Town Board of the Town of Lansing, upon the recommendation of the Town Planning Board, approves the site plan proposed for the said child care center located at 1767 East Shore Drive, in the Town of Lansing. 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 Mr. French informed the Board that when Amtek reviewed the positions at the Highway Department that they found there is no such position as truck driver. Therefore, the following resolution was hereby adopted. RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: WHEREAS, the Town is re- naming employee positions so as to have job titles and descriptions match those of the County, at the recommendation of the Town's consultant, and WHEREAS, the purpose of matching job titles is to promote a consistent and logical employment structure for civil servants and other employees for the Town, and WHEREAS, the Town currently had two employee positions designated as Truck Driver, and there is no such designation by or corresponding position in the Tompkins County job titles, nor in the Tompkins County's hiring guidelines and job descriptions, and WHEREAS, by Resolution dated February 5, 2003 the Town Board reserved the right to classify or re- classify existing affected employees consistent with current Town probationary practices, employment practices, and job requirements; it is hereby RESOLVED, that the employee positions currently designated as Truck Driver shall be re- classified as follows: 1. An entry level position, with a six -month probationary period, to be designated as "Laborer ". To qualify for this position, the employee must have a permit for a CDL. The employee will then be required to obtain the CDL by the end of the six -month probationary period. 2. After passage of the probationary period and the securing of the CDL, the "Laborer" could then be classified as a "Machine Equipment Operator "s and it is FURTHER RESOLVED, that Town of Lansing Employee, Mike Moseley, having met the criteria outlined in No. 1 above, be classified as "Laborer" for a six -month probationary period, effective as of the date of hiring, and it is FURTHER RESOLVED, that Town of Lansing Employee, Brad George, having met the criteria outlined in No. 2 above, be classified as a "Machine Equipment Operator ", effective March 3, 20030 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 Boar... (Aye) Stephen Farkas, Supervi Board sor 229 February 20, 2003, continued SMALL CITIES GRANT PUBLIC HEARINGS RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: 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 the 2003 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 public input on the grant program through the 2003 Small Cities Program, to be held on March 5, 2003 at 7:05 p.m. and on March 19, 2003 at 7 :05 p.m. 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 MUNICIPAL ELECTRIC ALLIANCE The Town Board discussed the municipal electric alliance and then adopted the following resolution: RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: WHEREAS, the Town of Lansing has the opportunity to enter into a short-term contract, renewable in March of 2004, with the Municipal Electric Alliance; and WHEREAS, a benefit of membership in the Municipal Electric Alliance would be an approximate savings to the Town of $600.00 per year in electrical costs; therefore it is RESOLVED, that the Town of Lansing enter into the Municipal Electric Alliance for a one -year contract, renewable in March of 2004. 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 NATURAL GAS AGREEM NT The Board discussed joining the Natural Gas Agreement. The Board decided to remain as we are and no action was taken at this time. Spider Technology Solutions 230 February 20, 2003, continued After the Board reviewed the agreement it was decided that the open bid process applied. Mrs. Overstrom will head the Computer Technology Committee. The committee will due research on the needs of the building and report back to the Board by the end of March. bills: RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher Numbers Prepay Voucher FUND General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer 38 - 147 38 -54 TOTAL A PPROPRIAT 49,731.71 543,915.37 1,257.22 1,878.64 462.44 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 .._ & W,RC - Tompkins County has sent down their Comprehensive Plan Outline. This will be revised over the next two years. Personal Water Craft - He has contacted two of the committee members and has convinced them to start lightening up on what their requests were. They have agreed to go to a vessel zone where it is congested which pretty much leaves Lansing out of it. Rather then going 500' out with the reduction in speed they are going to 200'. Instead of singling out the jet skis they are going after all pollution of water crafts in the lake. The reason they decided to do that was that he brought to their attention the 1979 decision by the Attorney General's Office to what the laws could be adjusted by and by whom they could be adjusted by. They read that and understood they were going overboard. They are looking at another 60 days to receive a revised program. Ii_ielm loo No reports at this time. Department of Assessment - A Town Supervisor and Town Board member can no longer sit on the Assessment Review Board. The Town Board has asked for volunteers from the community. The Board asked if there were any volunteers. David Grygiel and Connie Wilcox volunteered to serve on the Assessment Review Board, therefore the following resolution was adopted: WHEREAS, the Town Board of the Town of Lansing, has been approached concerning the need for an Assessment Review Committee; and WHEREAS, the Town Board agrees that such a committee would be beneficial to the community; and M February 20, 2003, continued WHEREAS, it was suggested that members of the committee should be citizen appointments, as opposed to sitting Board members, as the presence of sitting Board members would present a possible conflict of interest; and WHEREAS, two Lansing citizens, David Grygiel and Connie Wilcox, have volunteered to serve on such a committee; therefore, it is RESOLVED, that the Town Board of the Town of Lansing establish a "Local Advisory Board of Assessment Review "; and it is FURTHER RESOLVED, that Town of Lansing citizen volunteers, David Grygiel and Connie Wilcox, be appointed to serve on the newly established "Local Advisory Board of Assessment Review" for the Town of Lansing. Vote of Town Board ... (Aye) Doug McEver, Councilman Vote of Town Board ... (Aye) Meg Overstrom, Councilman Vote of Town Board ... (Aye) Francis Shattuck, Councilman Vote of Town Board ... (Aye) Stephen Farkas, Supervisor DECALS RESOLUTION The DECALS resolution has been adopted by the New York State Town Clerks Association Executive Committee asking the Legislature to increase our commission. Mr. Shattuck read outlined parts of the following resolution and it was adopted by the Board. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: RESOLUTION urging the Legislature of the State of New York to INCREASE the fee retained by municipalities for issuing hunting and fishing licenses under the Department of Environmental Conservation Automated Licensing Services (DECALS) program. WHEREAS, the issuance of hunting and fishing licenses /stamps by local governments is a valuable and necessary service to the state; and WHEREAS, Town Clerks must be aware of and carefully follow the mandates of the Environmental Conservation Law and the New York State Department of Environmental Conservation in connection with the issuance of licenses and/or stamps; and WHEREAS, Towns face considerable liability for any failure to properly issue and record such licenses, for failure to properly file the required reports, and for failure to comply with all other requirements of the new legislation; and WHEREAS, Towns must maintain a separate telephone line, equipment and space as a condition of participation in the DECALS program; and WHEREAS, the State only pays for the installation of such required additional telephone line, but not for the added monthly cost of maintaining such line; and WHEREAS, Towns participating in the DECALS program must now also issue free Deer Management Permits, for which no percentage or fee is returned to the Town at all; and WHEREAS, Towns currently receive no more than 5.5% of the fee for issuance of resident licenses and 1.1 % for issuing non- resident licenses in compliance with the law and all procedural requirements; and NOW, THEREFORE, BE IT RESOLVED, that the New York State Town Clerks 232 February 20, 2003, continued Association, representing the clerks of nearly all of the 932 Towns of the State, pause in its deliberations at its December 1, 2002, Regional Meeting to urge in a unified voice that the Legislature of the State of New York pass, and the Governor sign into law, legislation to increase compensation to local governments representing the State with those citizens purchasing licenses under the DECALS program by: 1. Increasing the percentage retained for license issuance from 5.5% to 15% (for resident licenses), such increase to help defer the cost of the monthly telephone line service charge incurred by the Towns. 2. Paying a percentage on combination licenses and permits issued. 3. Paying $1.00 to the municipality for each deer management issued for free by the Towns. 4. Establishing a 10% commission reimbursement to the Towns to cover the loss of revenue directly resulting from the DECALS issuance of sporting licenses to Town residents. 5. Establishing an ombudsman and information agency or office within NYS Department of Environmental Conservation as a resource for residents to go to with questions or problems relating to DECALS issued licenses; and BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Governor, the Attorney General, the Temporary President of the Senate, the Speaker of the Assembly, the Majority Leader of the Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly, and the Chairpersons and members of the Senate and Assembly Environmental Conservation Committees. 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 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, CPLR 4545 codifies the "Collateral Source Rule ", and currently provides that public and municipal entities, such as and including the Town of Lansing, cannot claim the benefit of a reduction in the award or. verdict, granted an alleged injured plaintiff, even though non - municipal entities can claim such benefit under CPLR 4545; and WHEREAS, the Town of Lansing has received a request from the Association of Towns to support the Collateral Source Bill S.622/A.3483 sponsored by Senator Volker and Assembly members Weisenberg and Sidikman, that would eliminate the current unintended inequity in CPLR 4545; therefore it is RESOLVED, that the Town Board of the Town of Lansing will lend its support to an application by the Association of Towns to support Collateral Source Bill S.622/A.3483 to change the current provisions in CPLR 4545, and authorizes the Town's counsel, Thaler & Thaler, to write to such State Senators, Members of the Assembly, and others, to express the Town's support for such Bills. 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 February 20, 2003, continued Sewer - City and the Town of Ithaca are coming to terms. They have one week from today to hit the deadline that was served to them. Count, Comprehensive Plan - Future Land Development third draft. Mr. Shattuck passed this out to the Board members to review. They will meet next week on this. Hazard Mitigation Meeting - Mr. Shattuck is still reviewing the information on this meeting. Steve Farkas Advisory Committee - There will be a meeting next week to review what can be done with the 150 acres that the Town owns across the road. Andy LaVigne and Rich John are heading the short term committee. They are looking into grant money for a feasibility study. Ottenschott Proper - The tank will be removed from the property. The Town will not own the property at the end of March when the BAN comes due. Sewer Committee - Mr. Farkas praised Noel Desch on his commitment and time spent on this committee. EXECUTIVE SESSION RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned at 8:35 p.m. to go into Executive Session to discuss a personnel matter. Carried. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:00 p.m. Carried. On motion meeting adjourned at the call of the Supervisor. Minutes taken and executed by the Deputy Town Clerk.