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HomeMy WebLinkAbout2003-04-162_55 Date: April 16, 2003 Time: 7:00 p.m. Place: Lansing Town Fall Board Room AGENDA 1. Call Meeting to Order. 2. Pledge of Allegiance. 3. Privilege of the Floor: A) Anyone wishing to address the Board. 4. Engineer's Report. 5. Highway Superintendent's Report. 6. Code Officer's Report. 7. Resolution to Amend the Employee Handbook - Medical Insurance 8. Approve Audit. 99 Board Member Reports. 10. Approve Minutes - January 2nd, February 5th & 20th, March 5th, 19th, 28th and April 2, 2003. 11. Executive Session if needed. 12. Adjournment. 256 April 16, 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 Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: John Bailey, Jack French, Connie Wilcox and Dave Herrick. The Supervisor lead all present in the Pledge of Allegiance. CHANGE TO EMPLOYEE HANDBOOK: Mr. Farkas stated that the resolution to amend the Employee Handbook regarding Medical Insurance is withdrawn at this time. JOHN BAILEY - BAILEY INSURANCE: Mr. Bailey informed the Board that he felt it was important to clarify to them the reality of how the George B. Bailey Agency has been compensated for the business placed with the New York Municipal Insurance Reciprocal since 1995. He stated that the Agency had a choice in 1995 to be paid a 10% commission by NYMIR. NYMIR either pays 10% or they pay nothing, they will not pay an agent anything in between. He stated that his Agency chose not to receive compensation from NYMIR and charged a service fee each year for their service's. Said fee is paid one time each year and there are no additional fees charged for service. Mr. Bailey stated that the Town of Lansing has saved $11,753.00 over the past eight (8) years by the George B. Bailey Agency charging an annual service fee versus receiving compensation from NYMIR. He stated that this information should shed light on the situation and that he is always happy to address any concerns the Board may have. . Mr. Bailey also stated that a check in the amount of $ 4,129.30 has been mailed to the Town as a result of an internal audit where it was discovered that the Town's Account included Broker fees that NYMIR included in the premium for the 2002 -2003 policy period. These broker fees should not have been charged as the Town pays a consulting fee directly to the George B. Bailey Agency, Inc. Mr. Farkas apologized to Mr. Bailey that the intergirity of his Agency was questioned and that he appreciated Mr. Bailey coming forward. DAVE HERRICK - TOWN ENGINEER: Proposed Town of Lansing Water District Consolidation: Mr. Herrick went over the draft letter that will go out to all of the larger users. He stated that they will then have the opportunity to schedule an appointment with the Supervisor and himself to go over any questions they may have. Mr. Herrick also stated that all water district customers will receive a similar letter explaining the proposed water district consolidation. This will happen at a later date. Mr. Herrick stated that the Town may want to consolidate only the existing water districts at this point in time, that way, it could be completed within the year. 257 Continued, April 16, 2003 Cherry Road /Horizon Development: The Cox family had proposed a subdivision in the Cherry Road /Horizon Development area. The Village of Cayuga Heights would have to give the Town of Lansing additional sewer permits to make this a go. Mr. Herrick spoke to the Village of Cayuga Heights and they would not agree to give the Town any additional permits at this time. The subdivision is now on hold. JACK FRENCH - HIGHWAY SUPERINTENDENT: Old Highway Garage: The results from the tests taken from the two wells came back with no contamination. East Shore Drive Waterline: The Highway men are still working on the line that is being installed on East Shore Drive as there is a small leak which has not yet been found. Brush and Limb Pick -up: Town of Lansing: Village of Lansing New gas tank: Week of April 28th Week of May 5th Cortland Pump is waiting to receive the necessary permits from the DEC. In the meantime, Cortland Pump has donated a temporary 500 gallon tank. Mr. French stated that the total cost will be $ 10,106.00, therefore the following resolution was offered: RESOLUTION, offered by Mr. McEver and seconded by Mrs. Greenly: WHEREAS, the Town Highway Superintendent of the Town of Lansing had requested that the Town Board authorize an expenditure not to exceed $10,000.00 for the purpose of removing and disposing of an underground 4,000 gallon gasoline storage tank, conducting the required environmental testing and replacing it with an above - ground 1,000 gallon gasoline storage tank; and WHEREAS, installing a new above ground 1,000 gallon gasoline storage tank will better meet the needs of the Town Highway Department and Lansing Fire Department, ensure that the gasoline supply is replaced on a regular basis, and will facilitate monitoring the tank for potential environmental contamination; and WHEREAS, the Town Board passed a Resolution on March 28, 2003 authorizing the above transactions, directing the whole cost thereof not to exceed $ 10,000.00; and WHEREAS, it has come to the Town Board's attention that the cost of the project will be $ 10,106.00, more or less; and WHEREAS, and after review and discussion of such circumstances and proposals to address the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the March 28, 2003 Resolution be and hereby is amended, changing the costing limits of the project to $ 10,106.00; and it is further RESOLVED, that the Town Board approves the new cost of $ 10,106.00 for the aforesaid projects and installations. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson 258 Continued, April 16, 2003 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 Culvert Permit Fee: Mr. French stated that all of the Town's he contacted, do have a culvert permit fee. He stated that himself and Mr. Platt have discussed this and feel that a $ 25.00 fee would be significant at this time. The Board agreed and offered the following resolution: RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: WHEREAS, the Town Highway Superintendent of the Town of Lansing has requested that the Town of Lansing permit and fee schedule include a line item for culvert permit inspection fees; and WHEREAS, it has been deemed vital to proper water flow and drainage, as well as human health and safety, that culverts be properly installed and inspected pursuant to a permit process; and WHEREAS, the Town Board requested that the Highway Superintendent and the Building and Zoning Officer consult with the Town Engineer and make a recommendation and proposal relative to the permit fee to be charged; and WHEREAS, and after review and discussion of such circumstances and proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing fee and permit schedule be amended to include a $ 25.00 fee for a culvert permit, and related inspections, for up to three inspection visits to the site to insure proper installation of the culvert; and it is further RESOLVED, that if 3 inspection visits are made and the installation is not properly done, then an additional inspection fee of $ 25.00 is due for any further inspections required by the Town. Vote of Vote of Vote of Vote of Vote of Town Board ... (Aye) Town Board ... (Aye) Town Board ... (Aye) Town Board ... (Aye) Town Board ... (Aye) Overtime Hours: Katrina Greenly, Councilperson Doug McEver, Councilperson Meg Overstrom, Councilperson Francis Shattuck, Councilperson Stephen Farkas, Supervisor In all of 2002, the Highway Department had a total of 2,215 overtime hours. To date, in 200' ) they have 2,82' ) overtime hours. TOWN CODE ENFORCEMENT OFFICER'S REPORT: Mr. Platt was absent but a copy of his monthly report was handed out to all Board Members and it was stated that project costs were up from last year by $ 509,311.20 and equal in the number of Building Permits issued. AUDIT: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: 259 bills: Continued, April 16, 2003 RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following AUDITED VOUCHERS: PREPAY VOUCHERS: 233 -330 233 -236 FUND TOTAL APPROPRIATIONS General Fund $ 531658.35 Highway Fund 116,241.17 Lansing Lighting 1,257.86 Lansing Water Districts 5,292.61 Cherry Road Sewer 424.58 Capital Projects (Ottenschott Property) 7,592.70 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 APPROVE MINUTES: A copy of the minutes of January 2nd; February 5th and 20th, March 5th, 19th and 28th and April 2, 2003, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: RESOLVED, that the minutes of January 2nd, February 5th and 20th, March 5th, 19th and 28th are hereby approved as submitted, and BE IT FURTHER RESOLVED, that the minutes of April 2, 2003 are hereby approved after the following correction is made to the resolution regarding the Whispering Pines building permits: The fourth paragraph of the resolution of April 2, 2003 is hereby amended to read: "WHEREAS, the road is over 50% completed, and as the road completion date is expected to be May 15, 2003, and as the sub -base is installed and can support ambulances and other emergency vehicles, and as the builder in question is a reputable builder who has built quality homes in Lansing for over 20 years, and due to unexpected and unusual weather patterns that necessarily delayed the proper completion of the road; and" Carried. BOARD MEMBER REPORTS: DOUG MCEVER Nothing to report. MEG OVERSTROM: Lansing Housing Authorijy Barbara Blanchard has proposed a study to confirm or reaffirm thoughts about a second building. A special meeting will be held next Wednesday to discuss this. 260 Continued, April 16, 2003 Computer Agreement: Mrs. Overstrom will follow up on this as she still has unanswered questions that need to be answered before an agreement can go any further. KATRINA GREENLY: Library: The Lansing Elementary School has been busing classes to the library and the library then issues them cards which has raised the number of books being taken out. The Library is looking for more volunteers. FRANCIS SHATTUCK* Land Use Ordinance: A copy was passed out to Board Members to look over and make notes or changes. May 7th will be a working meeting with the Planning Board. Cell Tower Ordinance: This ordinance will be gone over at the April 28th Planning Board Meeting. Two Recommendations from the Planning Board: Daniel Boles: The following resolutions were offered upon recommendation from the Planning Board: RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: WHEREAS, resident Daniel Boles of 234 Myers Road sought a special use permit from the Planning Board to allow the stabling of 1 horse at his residence, upon his property (Tax Parcel # 32. -1 -426, which is located in an R2 District, which is not an allowed use without a special permit; and WHEREAS, the Planning Board reviewed the proposal and waived a public hearing, and WHEREAS, the requested special use permit is recommended by the Planning Board after it was determined that the proposed use would not adversely affect the neighborhood or its characteristics; and WHEREAS, and after review and discussion of such circumstances and proposals; the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing hereby grants the special use permit application of Daniel Boles, specifically allowing the stabling and keeping of 1 (one) horse at the subject parcel, subject to any conditions and requirements imposed by the Planning Board. Carried. Steve and Diane Lauzun: RESOLUTION, offered by Mr. McEver and seconded by Mrs. Overstrom: WHEREAS, residents Steve and Diane Lauzun of 26 Mill Street, tax parcel # 26. -5 -15) located in an R2 District, sought a special use permit from the Planning Board to allow their 261 Continued, April 16, 2003 home architectural business to relocate to an auxiliary building, and WHEREAS, a Professional Office is not an allowed use in said R2 zone without a special permit, and WHEREAS, said auxiliary building is known as the "Old Blacksmith Shop" (the whole barn), and is deemed suitable for such renovation and use; and WHEREAS, the Lauzun's need for the special use permit arose due to the expansion of their family and their need for more living space; and WHEREAS, the requested use permit is recommended by the Planning Board after it was determined that the proposed use would not adversely affect the neighborhood or its characteristics; and WHEREAS, the Planning Board completed a SEQR review upon April 14, 2003, and issued -a negative declaration, and WHEREAS, and after due discussion of such circumstances and proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing hereby grants the special use permit application to Steve and Diane Lauzun, hereby allowing the relocation of their Professional Office to the Old Blacksmith's Shop (their barn), subject to any requirements or conditions set forth by the Planning Board. Carried. STEVE FARKAS: Mr. Farkas thanked everyone for all that was done during his time away. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:00 p.m. to discuss a personnel matter and possible litigation. Carried. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: RESOLVED, that the Executive Session be terminated at 8:28 p.m. and the Regular Meeting be reconvened. Carried. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. McEver: WHEREAS, the Town of Lansing entered into a Purchase Agreement with James Bentkowski for the land at 17 Ridge Road (the old Ottenschott property) after due notice and a public hearing thereupon, which said Purchase Agreement required a closing on or before March 30, 2003, which date has now long passed; and WHEREAS, it has come to the Town Board's attention that there is a delay not caused by the Town, and upon consulting with its Realtor and Counsel, the Town Board considers it in the best interests of the Town of Lansing to make time of the essence and select a firm closing date, after which the Town of Lansing may offer the property to a back -up buyer (the prior second highest bidder, who maintains an interest in the property); and 262 J Continued, April 16, 2003 WHEREAS, and after review and discussion of such circumstances and proposals to address the same, the Town Board of the Town of Lansing has hereby RESOLVED, that Counsel for the Town of Lansing shall promptly communicate to the Buyer, all Realtors, and all involved Attorneys, that time is now made of the essence by the Town of Lansing, and that the closing and transfer of title shall occur no later than April 30, 2003, said date being more than 30 days after the Resolution of Sale, and after Publication, all as required by Town Law Sections 90 and 91. 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.