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HomeMy WebLinkAbout2003-09-03343 SPECIAL TOWN BOARD MEETING Date: September 3, 2003 Time: 7 :00 p.m. Place: Lansing Town Hall Boardroom AGENDA 1. Call Meeting to Order. 2. Pledge of Allegiance. 3. Public Hearing — 7:05 p.m. — Water Consolidation. 4. Public Hearing — 7:20 p.m. — Special Permit — Keeping Horse Tax Parcel # 37.1 -2 -24.11 5. Privilege of the Floor. 6. Resolution — Amendment to Agreement — SCLIWC. 7. Resolution — Bids for Multi- Purpose Excavator. 8. Resolution — Approve Advertisement for Bids for Multi- Purpose Excavator. 9. Special Permit — Electric Power ie: Windmill. 10. Any other business to come before the Board. 11. Board Member Reports. 12, Executive Session if needed. 13. Adjournment. 344 September 3, 2003 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room 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 Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present The Supervisor lead all present in the Pledge of Allegiance. VISITORS: Jack French, Dick Platt, Rich John, Daniel Pace, Gloria Bowman, Betty & Warren Miller, Chuck Tanzola, Mary & Dorothy Krizek, Bert Hillard, Lori & Darrell Rhoads, John McNamara, Ron Bowman, Ralph Lobdell, Daniel Rice, Frank DeCarb, Claes Nyberg, Tom Ellis, Chuck Howell, Linda VanApeldoorn, Paul Kempkes, Ian Shelve, Paul Southard, Laura Green, Balint Korik, Dale & Kathy Riegle, Eric Gavitt, Connie Wilcox, William Sims, Lee Sims, Joe Toma, Fred & Shirley Stone, Melissa Fields, Judy Baxter, Susan Duerr, Michael Brown, Donna Cornelius, John Howell Bill Burin, David Cornelius, Beth Boyer, Michelle Randall, John Glennon, William Targosh, John McLean, Randy Reeves, David Allardice, Dave Herrick and a few other residents. WATER CONSOLIDATION PUBLIC HEARING: Proof of notice having been given, the Public Hearing was called to order at 7:05 p.m. The Supervisor opened the floor to any comments or questions. They were as follows: David Riegle: Stated that his bond is due to be paid off in 2009 and that he is not interested in paying for others to have water lines installed or subsidizing a developer. He was not opposed to consolidate for maintenance and upkeep, but not for further development. John McNamara: Wanted to make sure that in the future, the Algerine Road and Lansing Station Road area get some consideration. He also asked if there will be a water board in the future and Mr. Farkas stated that there would be one put into place. Dan Pace• Felt that if we do consolidate, it should be for maintenance and not for expansion. His debt is almost paid off and he felt that home owners like him, should be compensated for new owners. Ian Sheive — (speaking for his mother, Mirta): Stated that his mother is willing to accept public water but asked that the Board also look into sewer. Tom Ellis: Lower income districts received grants for their water districts and shouldn't be asked to pay now, as a lot of them cannot afford it. He stated that it is not fair to ask the people that are close to the end of paying off their debt to continue to pay for others. He asked if the debt retirement could continue on the tax bills at a lower price for future maintenance. He felt that the $ 150.00 per unit fee was unfair for multiple dwellings. As they hardly ever use 75% of the allowed usage. He felt this was an injustice as they are already paying through Bolton Point. He 345 Continued, September 3, 2003 felt it should be per bedroom instead of per dwelling. He felt there were a lot of problems with the proposed consolidation and that more problems will arise in the future. Clause Nyberg: Stated that he has seven apartment buildings and that it will cost him 7 times more for the infrastructure and that this was too expensive. He also stated that if sewer comes it would create a hardship and people won't be able to afford it. He felt that the basic idea was good but that it has problems. David Cornelius: Stated that he has already paid for the infrastructure through the price of his lot. He felt it was all right to consolidate for maintenance but not for all of the debts. Dick Baker He was hit very hard at the time the water district was put in on Warren Road as he has a fair amount of land. He felt the $ 150.00 fee was peanuts as he pays 10 times that. If there is a true hardship for people, that is fine but there are a lot of people living in these districts who can afford it. Should be a way to figure out who cannot afford it and the ones that can afford it, should help out. On motion, the public hearing was closed at 7:32 p.m. Board Member Comments: Steve Farkas: Down the road, the consolidation will be a real benefit to everyone. There is a real need for sewer also and that when the costs for both is combined (approximately $ 650.00), it would be affordable for people. It will be beneficial down the road and only the people that benefit from it pay for it. Bud Shattuck: Agreed with Mr. Farkas. Stated that the Board has been working hard on this since June of 2002. Would only be consolidating the current water districts. There are a lot of environmental reasons to have water districts. Stated that he believes the method works. Katrina Greenly: Stated that it was a hard decision for her. Ludlowville will soon need repair. Not sure if it is fair to have multiple unit owners pay so much but it would be hard to rent apartments if you have sulfur water. Felt that what the Board has come up with is the best that she can see at this time. Mesz Overstrom: On the fence about this. Stated that she currently uses the minimum per quarter. She is paying about $ 79.00 per quarter. It the Town's surcharge is lowered, she will pay approximately $61.00 per quarter which would add up to about $ 72.00 per year savings. Stated that she has free water now and with the lower surcharge, would pay approximately $ 78.00 per year. She stated that the total Bond payment for this year would be $ 31700.00+ . The revenue that would be raised from the $ 150.00 per dwelling unit would add up to $ 364,000.00. The difference of the $ 47,000.00 would be applied to annual cost for administration, insurance and maintenance. In 2010, more of the revenue would be available to pay for the infrastructure. Doug McEver: Stated that he was one of the lucky ones as he has public water. Stated that he will be paying about $ 50.00 per year more than he is now. O & M cannot keep coming up with money for repairs. Did not feel it was a lot of money, therefore he was leaning towards it. 346 Continued, September 3, 2003 Mrs. Overstrom asked if a vote had to be taken tonight. Mr. John stated that it could wait a week. Mr. Shattuck felt they would need a real good reason to put it off. Mrs. Overstrom stated that she had concerns about charging an apartment the same way a house will be charged. RESOLUTION ESTABLISHING THE TOWN OF LANSING CONSOLIDATED WATER DISTRICT At a special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 3rd day of September, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson; the following Resolution was duly made by motion of Francis Shattuck, and seconded by Douglas McEver, and the vote was unanimous, with Meg Overstrom abstaining. WHEREAS, the Lansing Town Board, having established the Water Districts and Water District Extensions and having entered into contracts for water supply with individual property owners in the Town of Lansing, as shown on "Schedule A" attached hereto, which Water Districts, Water District Extensions and contract facilities, consisting of water mains, pumps, pressure reducing valves, storage tanks and related facilities, provide water supplies to properties within the Town of Lansing; and WHEREAS, the Lansing Town Board having considered a proposal to consolidate the various Water Districts, Water District Extensions and contract facilities shown on "Schedule A" into a single Consolidated District, wherein all property of the original Water Districts, Water District Extensions and contract facilities would become the property of the Consolidated District and the Consolidated District would assume and pay the indebtedness of each of the original Water Districts, Water District Extensions and contract facilities as if such indebtedness had been incurred subsequent to the consolidation and the Consolidated District would operate and maintain the existing water supply system; and WHEREAS, the Town Board having held public information sessions on July 17, 2002 and August 20, 2003 at its regular Town Board meetings for members of the public, and having sent a mailing to the record owner of each of the affected properties describing the consolidation, and by Resolution dated August 20, 2003, the Lansing Town Board having scheduled a public hearing for September 3rd, 2003, at 7:00 p.m. to receive public comment on the proposed consolidation; and WHEREAS, the Town Board of the Town of Lansing having held a public hearing to receive public input on the proposed consolidation of the Water Districts, Water District Extensions and contract facilities on September 3, 2003 at 7:00 p.m. at the Lansing Town Hall, and due deliberation being had thereon; and WHEREAS, the Lansing Town Board having determined that the consolidation of the various Water Districts, Water District Extensions and contract facilities would provide administrative efficiencies for the Town; reduce costs of administration; reduce legal and engineering expense to the Town in planning, establishing and approving separate Water Districts and Water District Extensions; reduce interest expense incurred in the financing of future improvements to the Town water supply system; reduce the risks to the residents of future repair and upgrade costs; provide a more equitable method of funding the capital costs of the Town water supply system; and allow a greater degree of land use planning in the formation and establishment of future Water Districts and Water District Extensions; therefore, it is hereby RESOLVED, that the Notice of Hearing for the establishment of what shall be entitled the Town of Lansing Consolidated Water District was published and posted as required by law, and is otherwise sufficient; and it is FURTHER RESOLVED, that all the property and property owners within the proposed Town of Lansing Consolidated Water District are benefited thereby; and it is FURTHER RESOLVED, that all the property and property owners benefited are included within the limits of the proposed Town of Lansing Consolidated Water District; and it is 347 Continued, September 3, 2003 FURTHER RESOLVED, that it is in the public interest to consolidate the Water Districts, Water District Extensions and contract facilities identified on "Schedule A" attached hereto into a Town of Lansing Consolidated Water District; and it is FURTHER RESOLVED, that pursuant to New York State Town Law Section 206- a(1)(c), included in the costs of the Town of Lansing Consolidated Water District shall be all expenses of establishing the Consolidated District; and it is FURTHER RESOLVED, that the property and property owners within the Town of Lansing Consolidated Water District shall be assessed on a benefit basis to pay for the cost of the operations, maintenance and improvements related to the consolidated existing indebtedness, together with the consolidated operations and maintenance charges of the district; and it is FURTHER RESOLVED, the total indebtedness to be assumed by the consolidated district as of December 31st, 2003, totals $3,505,000.00, with the initial annual charge in the first year to pay the cost of the consolidated existing indebtedness, together with the consolidated operations and maintenance charges of the district, shall be $150.00 per Equivalent Dwelling Unit (EDU), with a single family residence constituting a single EDU, pursuant to the existing formula used by the Southern Cayuga Lake Intermunicipal Water Commission, identified as Schedule B — Definition of Units For Purposes of Connection Charges; and it is FURTHER RESOLVED, that the annual charge to pay the cost of the consolidated existing indebtedness, together with the consolidated operations and maintenance charges of the district for the Consolidated District, shall be subject to amendment by the Lansing Town Board pursuant to the requirements of the New York State Town Law; and it is FURTHER RESOLVED, that as of December 31, 2003, the existing amounts currently held by the Town of Lansing for the operation and maintenance of the separate Water Districts, Water District Extensions and contract facilities in the Town of Lansing shall be consolidated in the operation and maintenance account for the Town of Lansing Consolidated Water District; and it is FURTHER RESOLVED, that the contracts for water supply entered into by the Town of Lansing with individual property owners shall be consolidated into the Town of Lansing Consolidated Water District and the individual contracts shall cease; and it is FURTHER RESOLVED, that the requirement to make annual payments by the owner of the electric generating plant on Ridge Road pursuant to the Inducement Agreement entered into by the Town of Lansing with the New York State Electric & Gas Corporation, dated March 29th, 1996, for the provision of water supply facilities to the electric generating plant on Ridge Road shall survive and shall not be merged into the Town of Lansing Consolidated Water District until the payments due under that Inducement Agreement are fully paid; and it is FURTHER RESOLVED, that the rights, powers and duties related to the Town of Lansing Consolidated Water District would be held by the Lansing Town Board and no offices of commissioners are hereby created; and it is FURTHER RESOLVED, that consolidation of the separate Water Districts, Water District Extensions and contract facilities in the Town of Lansing, pursuant to New York State Town Law Section 206, shall occur on December 31" of 2003; and it is FURTHER RESOLVED, that this Resolution for the consolidation of Water Districts, Water District Extensions and contract facilities shall be subject to a permissive referendum, pursuant to the requirements of Section 206 and 206 -a of the New York State Town Law, with the costs of any election called for thereby being a charge against the Water Districts and Water District Extensions affected in equal amounts, regardless of size, population or assessed valuation. 348 Continued, September 3, 2003 WD No. 2 Ext. 4 WD No. 2 Ext. 1 WD No. 2 Ext. 2 WD No. 2 Ext. 3 WD No. 3 Parcel No. 37.1-1-14 WD No. 4 Lansing Tax Parcel WD No. 5 WD No. 6 WD No. 6 Ext. 1 WD No. 7 WD No. 7 Ext. 1 WD No. 7 Ext. 2 WD No. 7 Ext. 3 WD No. 7 Ext. 4 WD No. 7 Ext. 5 WD No. 7 Ext. 5 -1 WD No. 7 Ext. 6 WD No. 7 Ext. 7 WD No. 7 Ext. 8 WD No. 7 Ext. 9 WD No. 7 Ext. 10 WD No. 7 Ext. 11 WD No. 7 Ext. 12 WD No. 8 WD No. 9 WD No. 10 WD No. 11 WD No. 12 WD No. 12 Ext. 1 WD No. 12 Ext. 2 WD No. 13 WD No. 14 WD No. 15 WD No. 16 WD No. 17 WD No. 17 Ext. l WD No. 17 Ext. 2 WD No. 17 Ext. 3 WD No. 17 Ext. 4 WD No. 17 Ext. 6 WD No. 17 Ext. 8 WD No. 17 Ext. 9 WD No 17 Ext. 10 WD No. 18 WD No. 19 Lansing Tax Parcel No. 37.1-1-14 Lansing Tax Parcel No. 37.1 -1 -9.4 Lansing Tax Parcel No. 37.1 -1 -1.8 SCHEDULE A 349 Continued, September 3, 2003 SCHEDULE B DEFINITION OF UNITS FOR PURPOSES OF CONNECTION CHARGES Single family house ......................... ..............................1 unit Two family house ........................... ..............................2 units Multiple dwellings .......................... ..............................1 unit for each dwelling unit Mobile home park ........................... ..............................1 unit for each mobile home space Commercial property ...................... ..............................1 unit for each store or separate (not otherwise defined) ...place of business School - education, non - residential . ..............................1 unit for each 10 students or faculty Group living accommodations ........ ..............................1 unit for each 3 beds or 3 occupants (e.g., dormitories or other facilities where groups of generally unrelated persons reside) Motels ............................................. ..............................1 unit for each sleeping room Boarding houses and rooming houses ...........................1 unit for each sleeping room or for each two occupants, whichever results in more units Professional offices ......................... ..............................1 unit for each office Gas Stations .................................... ..............................1 unit for each service bay or stall Industrial ........................................ ............................... l unit for each 16,000 cubic feet or part thereof of water estimated to be consumed annually Restaurants and food service establishments ................1 unit plus 1 unit for each 5,000 square feet of building floor area Any use or occupancy which is reasonably susceptible of inclusion in more than one category shall be deemed to be in the category resulting in the largest number of units. The final determination of the applicable category shall rest with the Commission. Any uses not specifically defined may be defined by the Commission. SPECIAL PERMIT — HARNER/RANDALL: Mr. Platt stated that Mrs. Randall wanted to board her horse on her land but did not have enough land as required by the rules and regulations. Mr. and Mrs. Harrier gave the Board a statement saying they will allow Mrs. Randall to use some of their land so that she would be able to board her horse. It was stated that if the Harrier's sell their land the agreement would be null and void. The following resolution was then offered: RESOLUTION At a special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 3rd day of September 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson; the following Resolution was duly made by motion of Francis Shattuck, and seconded by Meg Overstorm, and the vote was as follows: Stephen Farkas in favor; Katrina Greenly in favor; Douglas McEver in favor; Meg Overstrom in favor; and Francis Shattuck in favor, and the following resolution was therefore passed: W1 Continued, September 3, 2003 WHEREAS, the Town had referred the Special Use Permit request of Elsie Harper (George and Elsie Harper TP 37.1 -2- 24.11), to allow for the building of a stable and stabling for one horse (owned by Michelle Randall), to the Planning Board for review and recommendation; and WHEREAS, after due inquiry and investigation, the Planning Board recommended issuance of said permit; and WHEREAS, the Hamer's have agreed to rent Randall stabling and pasture grounds, and neighbor Don Hamer (TP 37.1 -2 -15) has agreed to provide pasturage as well if necessary; and WHEREAS, a public hearing (duly scheduled, noticed, and advertised as required by law) was held upon September 3, 2003 to allow the public, neighbors of the affected parcel, and interested parties to make comment upon the proposed special use permit, and no citizen having voiced any objection thereto, and the Town Planning Board and the Town Board having determined that the granting of the proposed special use permit would not adversely affect the quality or character of the affected neighborhood; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Harper Special Use Permit request be and hereby is granted to allow the construction of a stable and the stabling of one horse upon the subject parcel, subject to any requirements or restrictions now or hereafter imposed by the Planning Board. SCLIWC — ADMENDMENT TO AGREEMENT. RESOLUTION At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 3rd day of September, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Meg Overstrom, Councilperson; Douglas McEver, Councilperson; and Francis Shattuck, Councilperson; and the following members being absent: none; and a motion was duly made by motion of Francis Shattuck, and seconded by Katina Greenly, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Meg Overstrom — aye, and Douglas McEver - aye, and the following Resolution having therefore passed: WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York on its own behalf and on behalf of the water districts located within the Town of Dryden, the Town Board of the Town of Ithaca, Tompkins County, New York, on its own behalf and on behalf of the Town -wide water benefited area of the Town of Ithaca, the Town Board of the Town of Lansing, Tompkins County, New York on its own behalf and on behalf of the water districts located within the Town of Lansing, the Village of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York, (all of the above - identified parties being collectively or individually referred to herein as "Municipalities" or a "Municipality "), entered into an Intermunicipal agreement concerning the creation and operation of a water supply and transmission system as the Town of Dryden (then acting on its own behalf and on behalf of Dryden Water District 1), the Town of Ithaca, the Town of Lansing (then acting on its own behalf and on behalf of McKinney's Water District), the Village of Lansing, and the Village of Cayuga Heights executed an Amended, Supplemental, Restated, and Consolidated Agreement of Municipal Cooperation for Construction, Financing, and Operation of an Inter - Municipal Water Supply and Transmission System as of June 5, 1979; and WHEREAS, said agreement has been amended and supplemented on several occasions since its execution (the original agreement, the amended and restated agreement, and all amendments thereto, hereinafter being collectively referred to as the "Intermunicipal Agreement "); and WHEREAS, it has been brought to the attention of the Town of Lansing and the Municipalities that certain provisions of the Intermunicipal Agreement pertaining to voting by the governing body need to be amended to conform to current New York law; and WHEREAS, the Municipalities wish to acknowledge the possibility of sales of water from the Bolton Point System to other non - member municipalities, and the Town of Lansing desires the same; and 351 Continued, September 3, 2003 WHEREAS, since the execution of the Amended Agreement in 1979 there have been formed a number of water districts in the Town of Lansing (and in the Town of Dryden as well); and WHEREAS, the Intermunicipal Agreement as executed as of June 5, 1979, provided in paragraph 17 that additional water districts may become parties to the agreement and may have water supplied to them upon execution of a supplemental agreement including said water districts; and WHEREAS, the parties wish to fulfill the requirements of such paragraph 17 and ratify the authorization to provide water to such water districts, and it is in the best interests of the Town of Lansing to so amend the Intermunicipal Agreement; and WHEREAS, the Town of Lansing (as well as the Town of Dryden) wishes to incorporate said districts into the service area of the water treatment plant and transmission facilities that are governed by the Commission; and WHEREAS, the Municipalities wish to make for a more simplified manner by which future water districts in the Town of Dryden and the Town of Lansing may be included with the service area and made subject to the requirements and obligations that accompany inclusion in said service area; and WHEREAS, there are in existence certain arrangements with the City of Ithaca and Cornell University for the provision of emergency supplies of water to and from the Commission's facilities; and WHEREAS, the parties wish to confirm these arrangements and to clarify the authorization to provide emergency water supplies to the City and Cornell University; and WHEREAS, the Municipalities that are parties to the Intermunicipal Agreement have collectively agreed to amend the Intermunicipal Agreement to incorporate the above concerns; and WHEREAS, the Town of Lansing has reviewed such proposed amendments, and wishes to approve and ratify the same; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed amendments to the Intermunicipal Agreement, copies of which are available at the Town Clerk's Office, be and hereby are accepted and approved by the Town of Lansing; and it is further RESOLVED, that the Supervisor and /or Deputy Supervisor of the Town of Lansing be and hereby are authorized to execute such amendments by and on behalf of the Town of Lansing. SCHEDULE A: WD No. 2 WD No. 2 Ext. 1 WD No. 2 Ext. 2 WD No. 2 Ext. 3 WD No. 3 WD No. 4 WD No. 5 WD No. 6 WD No. 6 Ext. 1 WD No. 7 WD No. 7 Ext. 1 WD No. 7 Ext. 2 WD No. 7 Ext. 3 WD No. 7 Ext. 4 WD No. 7 Ext. 5 WD No. 7 Ext. 5 -1 WD No. 7 Ext. 6 352 Continued, September 3, 2003 WD No. 7 Ext. 7 WD No. 7 Ext. 8 WD No. 7 Ext. 9 WD No. 7 Ext. 10 WD No. 7 Ext. 11 WD No. 7 Ext. 12 WD No. 8 WD No. 9 WD No. 10 WD No. 11 WD No. 12 WD No. 12 Ext. 1 WD No. 12 Ext. 2 WD No. 13 WD No. 14 WD No. 15 WD No. 16 WD No. 17 WD No. 17 Ext. 1 WD No. 17 Ext. 2 WD No. 17 Ext. 3 WD No. 17 Ext. 4 WD No. 17 Ext. 6 WD No. 17 Ext. 8 WD No. 17 Ext. 9 WD No. 17 Ext. 10 WD No. 18 WD No. 19 Lansing Tax Parcel No. 37.1 -1 -14 Lansing Tax Parcel No. 37.1 -1 -9.4 Lansing Tax Parcel No. 37.1 -1 -1.8 Lansing Tax Parcel No. 37.1 -7 -7.2 Lansing Tax Parcel No. 30 -1 -16.3 Lansing Tax Parcel No. 32 -1 -22.1 Lansing Tax Parcel No. 27 -1 -33 PERMISSION TO SELL EXISTING GRADE -ALL TO DANBY: RESOLUTION At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 3rd day of September, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Meg Overstrom, Councilperson; Douglas McEver, Councilperson; and Francis Shattuck, Councilperson; and the following members being absent: none; and a motion was duly made by motion of Meg Overstrom and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Meg Overstrom — aye, and Douglas McEver - aye, and the following Resolution having therefore passed: WHEREAS, the Town Highway Department has indicated a scheduled need for a new multi- purpose excavator; and WHEREAS, the existing excavator has exceeded its scheduled useful life and there are interested buyers at or above fair market value; and WHEREAS, the Highway Supervisor has determined that the first best use of the existing Excavator is to sell the same, especially in light of continuing repairs and maintenance costs; and WHEREAS, the Highway Supervisor has inquired of potential buyers what they would be willing to pay for the used excavator; and best offer received, and believes that such sale at such price reasonably reflects the current fair market value of such excavator given its mileage and condition, and represents a sale upon the most advantageous terms negotiable for the Town of Lansing; and WHEREAS, the Town of Danby has offered $50,000.00 for the same, and the Highway Supervisor deems that the best offer received, and believes that such sale at such price reasonably reflects the current fair market value of such excavator given its mileage and 353 Continued, September 3, 2003 condition, and represents a sale upon the most advantageous terms negotiable for the Town of Lansing; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing shall sell its used excavator to the Town of Danby for the sum of $50,000.00; and it further RESOLVED, that the Highway Supervisor be and hereby is authorized to sign such documents as are necessary to effect such sale, including but not limited to a bill of sale and the Certificate of Title. ADVERTISE FOR BIDS ON MULTI - PURPOSE EXCAVATOR: RESOLUTION At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 3rd day of September, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Meg Overstrom, Councilperson; Douglas McEver, Councilperson; and Francis Shattuck, Councilperson; and the following members being absent: none; and a motion was duly made by motion of Meg Overstrom, and seconded by Katrina Greenly, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Meg Overstrom — aye, and Douglas McEver - aye, and the following Resolution having therefore passed: WHEREAS, the Town Highway Department has indicated a scheduled need for a new multi- purpose excavator; and WHEREAS, the existing excavator has exceeded its scheduled useful life and there are interested buyers at or above fair market value; and WHEREAS, the low interest rates mitigate in favor of consideration of the acquisition of the excavator this fiscal year; and WHEREAS, there is a demonstrated need for the excavator, the cost of which is already a part of the Highway Department budget; and WHEREAS, the Town of Lansing, by and through the Highway Department, has developed recommended specifications for a multi - purpose excavator (copies of which are available upon request from the Town Clerk); and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, the Town Board of the Town of Lansing has hereby RESOLVED, that the specifications be and are hereby adopted for the purpose of seeking public bids upon a multi - purpose excavator; and it is further RESOLVED, that, after due notice and /or publication as required by law, the Town of Lansing will open the bids received at a regular meeting of the Town Board of the Town of Lansing, to be held at 7:00 p.m. at the Lansing Town Hall at 29 Auburn Road, Lansing, New York, on October 15, 2003; and it is further RESOLVED, that the Town Clerk advertise the bids by publication in accord with the General Municipal Law, specifying the date, time, and location where such bids will be opened and where specifications may be obtained, together with all other bid and notice requirements as may exist at law. WINDMILL ON LANSING STATION ROAD: Mr. Targosh went to the Planning Board with a request to eject a windmill on his property and the Planning Board asked that he obtain a special permit. The following Public Hearing was then set: RESOLUTION 354 Continued, September 3, 2003 At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on the 3rd day of September, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Meg Overstrom, Councilperson; Douglas McEver, Councilperson; and Francis Shattuck, Councilperson; and the following members being absent: none; and a motion was duly made by motion of Meg Overstrom and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Meg Overstrom — aye, and Douglas McEver - aye, and the following Resolution having therefore passed: WHEREAS, the Town Code Enforcement Officer had referred the Special Use Permit request of William J. Targosh, of 57 Lansing Station Road (TP #s 23. -1 -4 and 21- 142), to allow for the building of a windmill for personal electric production to the Planning Board; and WHEREAS, the Planning Board determined that the proposal qualified as a transmission line, thus requiring a special permit in a RA zone; and WHEREAS, the Town Board desires public input upon the issues surrounding the potential environmental and other impacts of a windmill in an RA zone along Lansing Station Road, and desires to allow the public and potentially affected neighbors to voice their opinions and concerns relative to the said application; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a public hearing upon the Targosh Special Use Permit request be and hereby is established and scheduled for 7:05 p.m. on September 17, 2003, at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York, CHANGE PINNEY LANE TO FIDDLERS RIDGE: RESOLUTION At a special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 3rd day of September 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; Meg Overstrom, Councilperson; and Francis Shattuck, Councilperson; the following Resolution was duly made by motion of Francis Shattuck, and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas in favor; Katrina Greenly in favor; Douglas McEver in favor; Meg Overstrom in favor; and Francis Shattuck in favor, and the following resolution was therefore passed: WHEREAS, the residents of a dedicated town highway named Pinney Lane desire to change the name of their road to Fiddler's Ridge due to postal confusion with Penny Lane, in Ithaca; and WHEREAS, the Town Board having previously reviewed this matter and having referred the same to Richard Platt, Lansing Code Enforcement Officer, for a recommendation upon the same; and WHEREAS, the said Code Enforcement Officer determined that there was no impediment to such name change, and recommends the same; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that, pending proper notification of 911 and the completion of other required steps, the Town of Lansing hereby approves the re- naming of Pinney Lane to Fiddler's Ridge, and the Town Code Enforcement Officer and the Town Highway Department be and hereby are authorized to take and perform such steps as are necessary to effect such name change. BOARD MEMBER REPORTS: Continued, September 3, 2003 DOUG MCEVER: Floating Classroom: The floating classroom is doing well. Wells College may wind up being the lead agency as they can get grants and could house it there. Personnel Water Craft Committee: Still working on the proposed document to go to the County. Cayuga Lake Watershed: Having trouble getting a quorum together for the meetings. They will try to amend their by -laws so they can have six people instead of nine. The amount of paying members is down to 15. MEG OVERSTROM: Nothing to report at this time. KATRINA GREENLY: Historical Building: Stated that the need for preserving historical records and having a place for Louise Bement to work on the records is the Town's responsibility. She stated that the Town should build a post & beam barn. After the building is built, the Town could then apply for a grant. Mr. McEver and Mrs. Greenly asked that $ 22,400.00 be put into the budget for this building. This will be discussed when the budget process takes place. Book Sale: The Library made $ 850.00 in one day during their book sale. Lansing Recreation Department complaints: She stated that she was not at the meeting where complaints about a coach/Lansing Recreation Department were brought up but that next week, on Wednesday at 6:30 p.m., there will be a working meeting where all parties involved will meet with the Board to try to get at the facts. FRANCIS SHATTUCK, Budget Meeting: Mr. Shattuck stated that Budget Meetings are scheduled for Thursdays at 2:30 p.m. for the next three Thursdays. STEVE FARKAS: Copies — Town Clerk's Office• Mr. Farkas stated that the Town Clerk has requested a copy machine as the one in the office is not worth fixing and they use it quite frequently. Mr. Farkas stated that he would talk to the bookkeeper about this and get one this year once money to purchase this is found. Small Cities Grant: The Town of Lansing has been awarded a $400,000.00 grant for the improvement of sub standard housing. This money is for the year 2004. Better Housing of Tompkins County will control and move the grant money. The Town has to provide an oversight committee. Mr. McEver will be one person on this committee. Sewer• 355 356 Continued, September 3, 2003 The comment period is over and in mid October the DIS should hopefully be approved. He stated that he is cautiously optimistic that a plan will be in place by the end of the year. EXECUTIVE SESSION: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:45 p.m. 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 9:12 p.m. Carried. On motion, meeting adjourned at the call of the Supervisor at 9:15 p.m.