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HomeMy WebLinkAbout2003-03-19241 REGULAR TOWN BOARD MEETING Date. March 19, 2003 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2. Pledge of Allegiance. 3. Public Hearing - Small Cities Grant - 7:00 p.m. 4. Privilege of the Floor: A) Anyone wishing to address the Board. 5. Engineer's Report, 69 Highway Superintendent's Report. 7. Code Enforcement Officer's Report. 8. Board Member Reports, 9. Executive Session if needed. 10. Adjournment. 242 March 19, 2003 The Lansing Town Board :met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Deputy Supervisor Shattuck preceding. The Deputy 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 Krough ROLL CALL Supervisor Absent Councilperson Absent Councilperson Present Councilperson Present Councilperson/Dep. Supv. Present Town Clerk Present Town Attorney Present VISITORS: Stacey Crawford, Susan Brock, Ron Babuka, David Poles, Dick Platt, Jack French and Dan Konowalow. The Deputy Supervisor lead all present in the Pledge of Allegiance. Proof of Notice having been furnished, the Public Hearing on the Small Cities Application was opened at 7:00 p.m. Stacey Crawford went over the qualifications for a small cities grant. She stated that over 70 residents have signed up and the grant will only satisfy approximately 17 - 20 homes. The total grant will be for $ 400,000.00 but only about $ 340,000.00 will go towards construction. All persons desiring to be heard, having been heard, the Public Hearing was. closed. The following resolution was then offered: Resolution Authorizing Submission of a 2003 Small Cities Application Under Title I of the Housing and Community Development Act of 1974 RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: WHEREAS, the Housing and Community Development Act as first passed by Congress in 1974 and subsequently amended by the National Affordable Housing Act (NAHA) of 1990 provides for a program of Community Development Block Grants for Small Cities; and WHEREAS, Town of Lansing is an eligible applicant under said Act and amendments; •I WHEREAS, Town of Lansing has complied with all program planning, citizen participation and application preparation requirements outlined in applicable Federal and State regulations; and WHEREAS, the Small Cities application requires certain certifications and disclosures to be submitted as part of the application; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Lansing, being the governing body thereof, as follows: 1. That the Deputy Supervisor be and is hereby authorized and directed to submit a 2003 Small Cities application to the Governor's Office for Small Cities for the Lansing Town -wide Housing Rehabilitation Project, and to act as the authorized representative of the Town of Continued, March 19, 2003 Lansing and to provide such technical information as may be requested; and 2. That the Deputy Supervisor be and is hereby authorized and directed by the Town Board of the Town of Lansing to execute on behalf of the Town of Lansing any such certifications and /or grant agreements as may be required to accept the grant and the proposed project. Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Deputy Supervisor Privilege of the Floor: First Flight Aviation, Inc Ron Babuka, David Poles and Susan Brock approached the Board with a request for the Town to help them with a problem with First Flight Aviation, Inc. which is operating training sessions for people learning to fly ultra lights from Al White's runway on VanOstrand Road in the Town of Lansing. Some of the complaints were: Time of Sessions Using the same areas over and over Flying too low in the neighborhood After some discussion, the Board authorized and directed Dick Platt to send a certified I to cease and desist to First Flight Aviation and also to Alvin White. The Board wanted to make sure the letter was mailed on March 20, 2003. This matter will be discussed at a later date. ENGINEER' Development off Cherry Road: Mr. Shattuck stated that there is a development going in off of Cherry Road (back of the Horizon's Development) and that they have requested five (5) sewer permits form the Village of Cayuga Heights. Without these permits it will be hard to develop this area. Mr. Herrick will report on this at a later time. HIGHWAY SUPERINTENDENT• Mr. French asked the Board to approve a culvert permit resolution for the Town but it was decided to look at what other Town's charge. It was decided that Mr. French will look into this and get back to the Board at the next meeting. Water Line on East Shore Drive: The weather has been a factor in finishing the new water line but it will be completed as soon as the weather allows. Ottenschott property - tank removall• A buried tank has been removed and everything is looking good. Mr. French felt the tests will be fine. C011E ENFORCEMENT OFFICER: Monthly Report: 244 Continued, March 19, 2003 Mr. Platt stated that he was down by 3 permits and down in estimated project costs from last year by $ 41,886.00. Richard Thaler Property: Mr. Platt stated that Steve Cardamone would like to build two houses on lots in Whispering Pines that are not developed as of yet. The road is not complete and as of today there is only a rough base there. Richard Thaler asked Mr. Platt to issue a building permit but Mr. Platt refused unless the Town Board authorized him to do so. Mr. Shattuck stated that Town Law says the road has to be built before a building permit can be issued. He stated that Mr. Cardamone would like to build a house on each side of the proposed road. He stated that the road cannot be put in until June due to weather but they would like to start the building process now. Mr. Shattuck stated that in the past a building permit is not issued until the road is done. When the road is finished, there will be nine homes on it. He stated that Mr. Thaler has offered to put up money to cover the cost of the road prior to building the road so that if something goes wrong, the Town can take his money and build the road. Mr. Shattuck stated that he has discussed this with Mr. French, Mr. Herrick and Mr. Platt. Mr. Shattuck felt that if Mr. Thaler wanted to have the first two houses built (one on each side), he could put up the money for the total lineal foot from the farthest point from where it starts to contact the existing road to the farthest end of the lot lines of the properties he wants to go at $125.00 per foot. He stated that the Town could issue the building permits with a clause in them that would state that CO's would not be given until the complete road is done. Mrs. Overstrom asked Mr. French what his opinion of this matter was. Mr. French stated that he was totally against having RMS building the road to the property line, build two houses then build the road to the next property line. He felt if the Town let one contractor do this, they would have to let others also. He stated that his own preference would be to see the whole road built before any building permits are issued. He felt the Board would be setting a precedent by doing this. Mrs. Overstrom totally agreed with him. Mr. McEver asked the Town Lawyer the following: We made a Law stating that. the roads have to be completed first, now we are making an exception because the person is putting the money up first. If an individual gets hurt on the job and one of our emergency vehicles cannot get to him and the guy suffers more damage because we have not complied with our own rules, aren't we then liable? Mr. Krough felt that an aggressive attorney looking for a deep pocket would name the Town under those circumstance. He stated that the reality is that the Town would probably not be held responsible but even the fact that a claim existed would ultimately increase the insurance cost to the Town in the coming years. Mr. McEver asked what would happen if the emergency vehicle, because the road is not completed up to specs, winds up off to the side of the road with a patient in it - then are we liable? Mr. Krough said "yes ". Mr. McEver stated that he could not possibly accept it. Mrs. Overstrom agreed with him. Mr. French felt that the way the road is right now, there would be no way an emergency vehicle could get up it. Mr. Shattuck did not feel a vote needed to be taken as it was pretty clear a full majority of the three of them would not vote in the affirmative, therefore Mr. Shattuck will call Mr. Thaler in the morning to let him know that the road will have to built to spec's. GUY KROUGH: Ottenschott property: Mr. Krough stated that they are trying to get the closing date set before the BAN renewal come up. He asked the Board to authorize the Deputy Supervisor to execute necessary papers at the closing in the Supervisors absent. The following resolution was then offered: RESOLUTION, offered by Mr. McEver and seconded by Mrs. Overstrom: WHEREAS, pursuant to a foreclosure proceeding, the Town of Lansing obtained title to a property in the Town of Lansing by a Deed dated May 3, 2001, the property being identified as —'e" 45 Continued, March 19, 2003 17 Ridge Road with tax map parcel numbers 31. -6 -9.1 and 31. -6 -10; and WHEREAS, by Resolution of the Town Board of the Town of Lansing, dated November 20, 2002, the Town Supervisor was authorized to list the above - described property for sale with a real estate agency, with an asking price of no less than $ 175,000.00; and WHEREAS, the Town Board of the Town of Lansing has received a Purchase Offer and has entered into negotiations with the prospective purchaser of the above - described property and has determined a fair market price for the property, being the amount of One Hundred Eighty Thousand Dollars ($ 180,000.00) for the purchase of the property; and WHEREAS, the Town Board of the Town of Lansing, having been designated as the lead agency for conducting environmental review of the property, and having conducted such environmental review and after due deliberation having made a negative declaration of environmental impact, therefore, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby finds that the property proposed to be sold by the Town of Lansing at 17 Ridge Road, tax map parcel numbers 31. -6 -9.1 and 31. -6 -10 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; and it is FURTHER RESOLVED, that the Town Board of the Town of Lansing authorizes the sale of the property at 17 Ridge Road, tax map parcel numbers 31. -6 -9.1 and 31. -6 -10, for a sum of One Hundred Eighty Thousand Dollars ($ 180,000.00), and authorizes the Town Supervisor and the Deputy Town Supervisor to execute such documents as necessary to complete the sale of the property, and it is FURTHER RESOLVED, that the sale is subject to a Request for a Permissive Referendum by the residents of the Town. Vote of Town Board. , . (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Deputy Supervisor Amendment to the Collateral Source Rule: Mr. Krough informed the Board that there is a big push and that a lot of municipalities are basically creating a coalition to push for an amendment to CPLR4545 (nicknamed the Collateral Source Rule). He stated that the way it works is that if an injured platiff is awarded $10000.00 by a jury for medical cost and suffering, but they have already received $50,000.00 or their medical bills from their insurance company, then they could only recover the other $ 50,000.00. They would get a credit for the collateral source from insurance that helped them pay for their loss. Because of a twist in the Legislation, the collateral source rule does not apply to Municipal Entities. New York Law Department has asked for support in Senate Bill 622 and Assembly Bill 3483. Tompkins County and the City of Ithaca have already approved this. AUDIT RESOLUTION: RESOLUTION, offered by Mr. McEver and seconded by Mrs. Overstrom: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher Numbers: 148-232 Prepay Vouchers: 148- 151 246 Continued, March 19, 2003 FUND TOTAL APPROPRIATIONS General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Ottenschott property clean -up Vote of Town Board. . Vote of Town Board. . Vote of Town Board. . 34,702.20 35,303.74 1,257.86 6%018.85 409.12 (Aye) Doug McEver, Councilperson (Aye) Meg Overstrom, Councilperson (Aye) Francis Shattuck, Deputy Supervisor BOARD MEMBER REPORTS: Doug McEver: Personal Water Craft: 34.66 The Water Craft Committee is looking for one rep. from each township to get together for a couple of meetings to discuss the situation and to try to come to an agreement on what would and what would not be allowed. Mr. McEver felt this was a good idea and he will represent the Town of Lansing. The County is looking into a Water craft zone which would ban jet skis all together. Mr. McEver does not think a County can do this but will look into it and get back to the Board. Meg Overstrom: Inventory of all computer hardware and software in the Town Offices: Mrs. Overstrom stated that she has done an inventory on all computer hardware and software in the Town Hall and at the Town Highway Garage. She stated that Sharon Bowman gave her a quick assessment of the amount of money that has been spent in the last three years. She said that the purpose of this is to have a policy or process in which everyone goes through to purchase computer equipment. She would like everyone to have the same type including software. She felt that every so often, money needs to be set aside for new purchases. A time line and budget needs to be set up. Mrs. Overstrom will add a replacement value to her spread sheet and get a copy to all Board Members. Mrs. Overstrom stated that someone authorized Mrs. Bowman to get multiple quotes before all of the information was collected. She stated that the original quote from Spider Tech. is still the least expensive of all of them. Concerns were availability and the number of people that would be involved. She stated that Mrs. Bowman felt John (from Spiders Tech) was her first choice. Mrs. Overstrom was also concerned about how experienced he is with networking and getting a server for the Town. Mr. Shattuck stated that he thought he was the head of the Computing Center and that he was MCSE certified. After some discussion, it was felt that more information needed to be obtained before awarding a contract. Francis Shattuck: Planning Board: The new code changes and snaps will be available and given to Town Board Members as soon as Mrs. Jacobson gets them ready after the meeting on March 24, 2003. On motion, meeting adjourned at the call of the Supervisor at 8:31 p.m.