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HomeMy WebLinkAbout2003-11-05L Special Town Board Meeting Date: November 5, 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 — 7:05 p.m. — Wind Mill 4, Public Hearing — Town Budget Fiscal Year 2004 7:30 Special Districts 7:40 Preliminary Budget 5. Privilege of the Floor: 6. Resolution — SCLIWC — Supply Water to Town of Ulysses 7. Resolution — SCLIWC — Water Districts in the Town of Lansing and Dryden. 8, Approve Minutes of September 3rd & 17th, October 8th, 15th, 22nd, and 29th, 2003, 9. Board Member Reports. 10, Executive Session if Needed. 11. Adjournment. 407 November 5, 2003 The Lansing Town Board met in Special 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 Bonny Boles Guy Krogh ROLL CALL Supervisor Councilperson Councilperson Councilperson Councilperson Town Clerk Town Attorney Present Present (7:04) Present Absent Present Present Present VISITORS: Jack French, Pat Farkas, Marty Christopher, William Targosh, Connie Wilcox, Judy Scott, Jennie Daley, Gary Tyrrell, Edward Wagner, Pat Tyrrell, Steve Colt, Dick Platt, Sharon Bowman and Bill Burin. The Supervisor lead all present in the Pledge of Alegiance. PUBLIC HEARING ON TARGOSH WIND MILL: Proof of Notice having been furnished, the Public Hearing was called to order at 7:05 p.m. It was decided that the tower would be lowered to 100 feet and the color would be gray /white. SEAR FOR THE TARGOSH WIND MILL PROJECT, Mr. Shattuck read and answered all the questions in the SEQR application. APPROVE TARGOSH PROJECT: 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 5th day of November, 2003, the following members being present: Stephen Farkas, Supervisor; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; and Francis Shattuck, Councilperson; and the following members being absent: Meg Overstrom, Councilperson; and the following Resolution was duly made by motion of Douglas McEver, and seconded by Katrina Greenly, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — nay, Katrina Greenly — aye, Douglas McEver - aye, and the following Resolution therefore passed 3 -1: 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 23.- 1 -4.2), 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 facility, thus requiring a special permit in a RA zone; and WHEREAS, the Town Board desired public input upon the issues surrounding the potential environmental and other impacts of a windmill in an RA zone along Lansing Station Road, and thus scheduled public hearings (duly scheduled, noticed, and advertised as required by law) that were held upon September 17, 2003 and November 5, 2003, to allow the public, neighbors of the affected parcel, and interested parties to make comment upon the proposed special use permit and the environmental assessment of the project, and the Town Board having duly weighed and considered all public comment received, both oral and written; and L 1 y'. r 409 Continued, November 5, 2003 WHEREAS, the Town having also held a public information session upon September 24, 2003, and WHEREAS, as there are no other involved or interested agencies and the proposed action is wholly within the Town of Lansing, the Town Board of the Town of Lansing was duly designated as the lead agency for conducting an environmental review of the proposed project, and; WHEREAS, the Town Board having conducted a State Environmental Quality Review and having completed an Environmental Assessment Form, and the Town Board having reviewed the proposal in light of the Town's Zoning and building policies, and after due deliberation thereupon, having made a negative declaration of environmental impact; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing be and hereby does memorialize its prior designation of the Town of Lansing as the lead agency for SEQR review, and it is further RESOLVED, that the Town Board of the Town of Lansing hereby finds that the proposed windmill project, as modified, including (1) a 20 foot reduction in height, (2) the painting of the turbine and blades in colors designed to obscure the silhouette of the windmill (generally, gray and/or gray- white), and (3) the location of the structure in the southerly portion of the lot (as originally proposed), complies with the requirements of the New York State Environmental Quality Review Act, and the Town Board, as lead agency, subject to such agreed modifications, hereby makes a negative declaration of environmental impact; and it is further RESOLVED, that the Town Board hereby acknowledges that qualified experts and laymen could disagree about this matter, and the manner in which decisions should be weighed and made, but that finds that the granting of the proposed special use permit would not adversely affect the quality or character of the affected neighborhood, that the sight impacts are minimal and have been mitigated, that windmills are an allowed use in an agricultural zone, and that there is a strong New York State public policy to permit and encourage the development, testing and use of alternative energy sources; and it is further RESOLVED, that the Targosh Special Use Permit r allow the construction of a windmill, subject to requirements or restrictions now or hereafter imposed Mr. Shattuck stated that he wanted to explain against wind power but he felt the majority of the therefore, he voted no. BOARD MEMBER REPORTS: Francis Shattuck: Teleconference: equest be and hereby is granted to the above conditions and other by the Planning Board. his vote. He stated that he was not neighborhood was opposed to it, Mr. Shattuck stated that he attended a teleconference on where the money is regarding infrastructure for water and sewer. Time Line for Plan Development• October 2003 Conduct HAZNY assessment. Early November 2003 Select consultant. Nov. 2003 — Jan. 2004 Consultant begins Plan preparation January 23, 2004 Consultant presents rough draft of Plan to Planning Group. February 2004 Review draft Plan and submit written comments to consultant. February 27, 2004 Submit draft Plan to SEMO (requirement of SEMO grant). 410 Continued, November 5, 2003 March - June 2004 Consultant prepares final draft of Plan and ensures that it Meets state and federal requirements. June 2004 Consultant presents final draft of Plan to Planning Group. June - July 2004 Review draft Plan and submit written comment to consultant. July 30, 2004 Submit final draft Plan to SEMO /FEMA (requirement of SEMO grant). Aug. - Sept. 2004 Revise final Plan per SEMO and FEMA comments. Sept. - October 2004 Adopt Plan and begin Plan implementation. Nov. 1, 2004 Plan must be adopted and implementation of Plan must be initiated to meet requirements for future hazard mitigation funding. PLAN FOR NEW EXTENSIONS: Mr. Shattuck informed the Board that a plan needs to be in place by December 31, 2003 regarding new water district extensions. Steve Farkas: Sewer• Mr. Farkas stated that he would be regenerating the Sewer Committee in the near ftrture. 2004 BUDGET HEARINGS: The Notice of Public Hearing having been advertised as required by Town Law, the Public Hearing on the Special Districts was called to order at 7:30 p.m. No one appeared to voice any comments or corrections to the proposed budget. APPROVE 2004 SPECIAL DISTRICTS BUDGET: RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that the Special Improvement Districts for the year 2004, as follows, are hereby approved and adopted. Water District ( "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 -15 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. 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, and Lansing Tax Parcel Nos. 37.1 -1 -14, 37.1- 1 -9.4, 37.1- 1 -1.8, 37.1- 7 -7.2, 30 -1 -16.3, 32 -1 -22.1, and 27 -1 -33; all of which are now part of the "Town of Lansing Consolidated Water District. 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 FOR 4: The Notice of Public Hearing having been advertised as required by Town Law, the Public Hearing was called to order at 7:40 p.m. No one appeared to voice any comments or concerns to the proposed budget. 411 Continued, November 5, 2003 APPROVE PRILIMINARY BUDGET FOR THE YEAR 2004: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: WHEREAS, the Town Board has met at the time and place specified in the Notice of Public Hearing on the General Fund and Highway Fund Preliminary Budget and all persons desiring to be heard, having been heard, thereon, now therefore it be RESOLVED, that this Town Board adopts such General Fund and Highway Fund Preliminary Budgets as the annual budget of this Town for the fiscal year beginning the first day of January, 2004, and that such budget as so adopted be on file in the Lansing Town Clerk's Office, and be it FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board, together with the estimates, if any adopted pursuant to Section 202 -a, subd. 2 of the Town Law and deliver one copy to the Supervisor of this Town to be presented by him to the Board of Representatives of the County. 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 Letter from concerned resident: Mr. Farkas read the following letter which was dropped off before the meeting started tonight. November 5, 2003 To The Lansing Town Board: As a long time Town of Lansing resident and taxpayer, I am greatly concerned with current trends toward increased spending in the face of a poor economy. Like many of my friends and neighbors, this all due to over valuation of property because of low interest rates and the ability of people to buy what they would not otherwise be able to. At some point those people who have paid high prices for overvalued property will be unable to pay the taxes. The town is, due to higher assessments, getting additional money without an increase in the taxes. I have not had a cost of living increase in my pay or a raise in three years, however all of my expenses, including auto insurance, health insurance, cost of transportation to and from work, food, electric, and school taxes have increased twofold or better. At this point the outlay is beginning to affect how I live, what I eat, and everything else in my life. My employer, also effected by the economy, has suffered slow business, has implemented layoffs, cutbacks, and other reductions in spending just to survive. I can't just go and ask for a raise because I need money to pay taxes when those same taxes and increases also impact them. I am grateful to have a job! After reviewing the proposed budget I have the following comments: 412 Continued, November 5, 2003 1) There should be NO INCREASE IN SALARIES across the town. Salaries should be held to the 2003 level for another year. 2) ALL Capital spending should be put on hold until the economy improves. 3) What are the SPECIAL ITEMS (Page 9) and why are they increasing $ 23,365.69? What is the basis for this increase. 4) All Town of Lansing employees covered by Health Insurance should pay at the very minimum a 30% share of the expense of that insurance. 5) The taxpayers should not have to reimburse the Town's retirement funds because of Stock Market Losses. Almost everyone, including myself, have also suffered those same losses with no reimbursement. An increase of $ 42,902 in one year is outrageous. 6) I believe that the mid -set of USE IT OR LOOSE IT must change. Departments that can run economically should be applauded and not penalized with a reduction in the allocation the following year. All excess monies in any allocated fund should remain in that fund as surplus in the event that there are overruns at some point and not just put back into the "GENERAL FUND" for others to spend. Thank you for your time and for the work and time you have spent in developing this Proposed budget. I truly hope you will take my comments as constructive and realize that I am in fear of not being able to pay the proposed increased taxes. Sincerely Gail Van Wicklen Mrs. Greenly excused herself at 7:56 p.m. due to illness. WATER SUPPLY TO TOWN OF ULYSSES: RESOLUTION REGARDING SCLIWC AND ULYSSES 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 5th day of November, 2003, with the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; and Douglas McEver, Councilperson; and the following members being absent: Katrina Greenly, Councilperson and Meg Overstrom, Councilperson; and the following Resolution was duly made by motion of Francis Shattuck, and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, and Douglas McEver —aye; and the following Resolution therefore passed 3 -0: WHEREAS, the Town of Ulysses ( "Ulysses ") has approached the Town of Ithaca ( "Ithaca ") and the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission ") requesting that Ulysses be permitted to purchase Water from Ithaca that will be supplied by the Commission to service Water District Number 3 ( "WD #3 ") in Ulysses, said WD #3 being a water district formed to alleviate a long- standing water potability problem that has plagued the Hamlet of Jacksonville for many years; which water district would also provide water for other residents in the southern part of Ulysses; and WHEREAS, Ithaca has expressed a willingness to provide such water if the other member municipalities of the Commission authorize Ithaca to so act by amending the Intermunicipal agreement pursuant to which the Commission was formed and operated (the " Intermunicipal Agreement "); and 413 Continued, November 5, 2003 WHEREAS, a proposed agreement so amending the Intermunicipal Agreement has been provided to the Town Board of the Town of Lansing for review and consideration (the "Amendatory Agreement "); and WHEREAS, Ulysses, as lead agency, has concluded and environmental review of the proposed district and the provision of water to such district pursuant to Part 617 of the implementing regulations of the State of New York pertaining to Article 8 of the New York State Environmental Conservation Law (the State Environmental Quality Review Act or "SEQR "), and has determined that the creation of such district, the construction of the related water system, and the obtaining of water for such district would not have a significant effect upon the environment and could be processed without further regard to SEQR; and WHEREAS, the time such determination was made it was not clear that Ulysses would be utilizing water from the Commission's water treatment plant and other facilities; and WHEREAS, now that it has been determined that Ulysses may need water from the Commission's facilities, Ulysses has supplied to all member municipalities of the Commission its original documentation supporting its initial determination, together with supplemental information, indicating that the water may now come from the Commission's facilities, and has requested concurrence with Ulysses' designation as lead agency and with its findings that there will be no significant environmental effect resulting form the supplying of water to the district by the Commission and Ithaca; Now, therefore, be it RESOLVED, that the Town Board of the Town of Lansing concurs with the designation of the Town of Ulysses as lead agency for the environmental review of the creation, construction, and supplying of water to Ulysses WD #3; and it is further RESOLVED, that the Town Board of the Town of Lansing, after review of the Full Environmental Assessment Form, and related materials supplied by Ulysses, concurs with the findings of Ulysses that there is no significant adverse environmental effect by having the Commission supply water to Ulysses, as proposed, and sees no reason to disturb the findings so made by Ulysses in this regard; and it is further RESOLVED, that the Town Board of the Town of Lansing approves the Amendatory Agreement, as submitted to this meeting, authorizing Ithaca to sell water obtained from the Commission's facilities to Ulysses; and it further RESOLVED, that the Supervisor and /or Deputy Supervisor are authorized and requested to take such steps, and to execute such documents, as they, in the exercise of their reasonable discretion, deem necessary or appropriate in order to effect the intention of the foregoing resolutions. ACCEPT WATER RATES IN THE TOWNOF LANSING: RESOLUTION REGARDING SCLIWC WATER RATE SCHEDULE 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 5th day of November, 2003, with the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; and Douglas McEver, Councilperson; and the following members being absent: Katrina Greenly, Councilperson, and Meg Overstrom, Councilperson; and the following Resolution was duly made by motion of Douglas McEver and seconded by Francis Shattuck, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, and Douglas McEver —aye; and the following Resolution therefore passed 3 -0: WHEREAS, the Town of Lansing is a party to an amended, supplemental, restated and consolidated agreement of municipal cooperation for the construction, financing and operation of an intermunicipal water supply and transmission system (the "Intermunicipal Agreement "), pursuant to which the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission ") was formed, created, and under which such Commission operates, which Intermunicipal Agreement is dated as of June 5, 1979, as the same has been amended from time to time; and M Continued, November 5, 2003 WHEREAS, a proposed agreement to amend the Intermunicipal Agreement has been provided to the Town Board of the Town of Lansing for review and consideration (the "Amendatory Agreement "); and WHEREAS, pursuant to the Intermunicipal Agreement each municipality agreed to pay water revenues to the Commission based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Intermunicipal Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule, and such Amendatory Agreement proposes to change the Water Rate Schedule as of the I" day of January 2004; and WHEREAS, the Intermunicipal Agreement provides that the Water Rate Schedule may not be changed by the Commission without the written agreement of all the parties to the Intermunicipal Agreement; and WHEREAS, the Town of Lansing has reviewed and analyzed such Amendatory Agreement, and desires to consent to the same to change the Water Rate Schedule as of the 1st day of January, 2004. NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Lansing approves the Amendatory Agreement, as submitted to this meeting, authorizing the changes to Exhibit I of Schedule A to the Intermunicipal Agreement, to change water rates and the Water Rate Schedule effective January 1, 2004; and it further RESOLVED, that the Supervisor and /or Deputy Supervisor are authorized and requested to take such steps, and to execute such documents, as they, in the exercise of their reasonable discretion, deem necessary or appropriate in order to effect the intention of the foregoing resolution. BOARD MEMBER REPORTS — CONTINUED: Francis Shattuck: Lap Top: The Town has bought a new Lap Top Computer and a LCD projector to be used at Town meetings. General Code: Mr. Shattuck stated that he would like to put town records on cd's, disc's, etc. so they are easily accessible. On motion, meeting adjourned at the call of the Supervisor at 8:05 p.m.