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HomeMy WebLinkAbout2004-01-2113 Regular Town Board Meeting Date: January 21, 2004 Time: 7:00 p.m. Place: Lansing Town Hall Board Room 2. Roll Call 3. Pledge of Allegiance 4, Public Hearing — 7:10 p.m. — Kraus/Radenberg Consolidated Water District 5, Public Hearing — 7:15 p.m. — Purposed Self- Storage Complex North Triphammer Road 6, Public Hearing — 7:30 p.m. — Snow Ordinance 7. Privilege of the Floor 8. Engineer's Report 9. Code Enforcement Officer's Report 10. Highway Superintendent's Report 11. Set Public Hearing — Ordinance No. 50 — Senior Citizen Exemption 12, Approve Audit 13, Approve Minutes - December 30, 2003 & January 02, 2004 14, Board Member Reports 15, Executive Session if needed 16. Adjournment 14 January 21, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. Stephen Farkas Marty Christopher Doug McEver Francis Shattuck Connie Wilcox Bonny Boles Rich John ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: Jack French, Dick Platt, Dave Herrick, John Bailey, John Hicks, Gary Wood, Scott Walters, Danielle Swinarski, Jack Sonnenburg, Rusdi Sumner, Nicholas Bellisario, Otis Phillips, John Young, Sarah Queau, Gracchus Babeuf and one other Lansing resident. The Supervisor lead all present in the Pledge of Allegiance. JOHN BAILEY — TOWN'S INSURANCE: Mr. Bailey stated that the replacement cost inspections were complete and he suggested that the Town increase the blanket coverage-by $ 1.5 million. This would increase the policy amount by approximately $ 2,500.00. Mr. McEver wants exact figures before the Board votes on it. Mr. Bailey will bring in these figures in the near future. PUBLIC HEARING — CONSOLIDATED WATER DISTRICT. Proof of Notice having been furnished by the clerk, the Public Hearing was opened at 7:10 p.m. All persons desiring to be heard, having been heard, the Public Hearing was closed at 7:13 p.m. The following Resolution was then offered: 04 -031 RESOLUTION Lead Agency Determination Kraus /Radenberg Consolidated Water District Extension At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21 st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, a petition and application has been made by the owners of Lot 27 at Ladoga Park, Julie Kraus and Paul Radenberg, for an extension of the Town of Lansing Consolidated Water District (hereinafter "Consolidated District ") to their property, thus extending the Consolidated District and changing its borders only as necessary to include said Lot 27; and WHEREAS, the construction proposed consists of the installation of approximately 100 linear feet of 1 inch tubing to connect to a single family cottage /residence, all in accord with a map, plan and report contained within an Engineer's Report prepared by the Town fit;; �_ IV Continued, January 21, 2004 Engineer, which report is now on file in the office of the Town Clerk of the Town of Lansing, and WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, ( "NYCRR ") and is a Type II action pursuant to NYCRR 617.5; and WHEREAS, as there are no other involved or interested agencies and the proposed action is wholly within the Town of Lansing; and WHEREAS, upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that the Town Board of the Town of Lansing be and hereby is appointed the Lead Agency for purposes of conducting and environmental review of the subject project pursuant to SEQR, and the Regulations promulgated thereunder. RESOLTUION — APPROVE SEQR: 04- 032RESOLUTION SEQR FINDING OF NEGATIVE DECLARATION Kraus/Radenberg Consolidated Water, District Extension At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21 st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, a petition and application has been made by the owners of Lot 27 at Ladoga Park, Julie Kraus and Paul Radenberg, for an extension of the Town of Lansing Consolidated Water District (hereinafter "Consolidated District ") to their property, thus extending the Consolidated District and changing its borders only as necessary to include said Lot 27; and WHEREAS, the Town Engineer was directed to prepare a map, plan and report, and the Town Board did duly adopt an Order reciting a description of the proposed boundary for such extension, the maximum amount proposed to be expended for such extension, the proposed method of financing, if any, and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on Cayuga Lake, and the Commission has determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the construction proposed consists of the installation of approximately 100 linear feet of 1 inch tubing to connect to a single family cottage /residence, all in accord with a map, plan and report contained within an Engineer's Report prepared by the Town Engineer, which report is now on file in the office of the Town Clerk of the Town of Lansing, and WHEREAS, a public hearing was duly held, after proper notice and publication, on January 21, 2004 whereat interested members of the public could comment upon the 16 Continued, January 21, 2004 Order and the proposed extension, and whereat evidence was heard for and against such extension; and WHEREAS, the matter contemplated is subject to State Environmental Quality Review ( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations, ( "NYCRR ") and is a Type Il action pursuant to NYCRR 617.5; 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, upon the evidence given at such public hearing, and upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated thereunder, and the Town Board, as lead agency hereby makes a negative declaration of environmental impact; and it is further RESOLU'T'ION — CONSOLIDATED EXTENSION: 04 -033 RESOLUTION Consolidated Water District Extension Kraus / Radenberg — Ladoga Park Lot 27 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21 st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, a petition and application has been made by the owners of Lot 27 at Ladoga Park, Julie Kraus and Paul Radenberg, for an extension of the Town of Lansing Consolidated Water District (hereinafter "Consolidated District ") to their property, thus extending the Consolidated District and changing its borders only as necessary to include said Lot 27; and WHEREAS, the Town Engineer was directed to prepare a map, plan and report, and the Town Board did duly adopt an Order reciting a description of the proposed boundary for such extension, the maximum amount proposed to be expended for such extension, the proposed method of financing, if any, and the fact that the plan, map and report were all on file with the Town Clerk for public inspection; and WHEREAS, the Town Engineer has reviewed all relevant materials and believes that the proposed extension is permissible as the property owners will pay for all costs associated with the extension, and therefore recommends the same; and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on 17 Continued, January 21, 2004 Cayuga Lake, and the Commission has determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the construction proposed consists of the installation of approximately 100 linear feet of 1 inch tubing to connect to a single family cottage /residence, all in accord with a map, plan and report contained within an Engineer's Report prepared by the Town Engineer, which report is now on file in the office of the Town Clerk of the Town of Lansing, and WHEREAS, the total project cost has been estimated to be less than $1,000.00, but with no portion thereof to be paid or payable by the Town or the Consolidated District; and WHEREAS, a public hearing was duly held, after proper notice and publication, on January 21, 2004 whereat interested members of the public could comment upon the Order and the proposed extension, and whereat evidence was heard for and against such extension; and WHEREAS, a certified copy of the notice of publication and posting has been filed in the Town Clerk's Office as required by Town Law §209- f(3)(a)(1); and WHEREAS, the improvements proposed, the boundaries of the proposed consolidated district extension, and the estimated expense thereof have all and each been reviewed and approved by the Town Engineer and the Town Attorney, and the proponents of the Consolidated District extension have agreed to pay all expenses incurred to install such extension of service to the subject parcel pursuant to Town requirements, and have agreed to reimburse the Town and the Consolidated District for expenses incurred in considering, approving, creating, and establishing such Consolidated District extension, such that there is no capital or other cost to the Town or the Consolidated District resulting from the establishment of this extension; and WHEREAS, the assessed valuation of the property affected hereby is $72,300.00, as based upon the 2003 assessment roll for the Town of Lansing, and valuations in the Town are at 100 %; and WHEREAS, upon the evidence given at such public hearing, and upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that (a) The petition, map, plan and report comply with the requirements of Sections 191 -a and 192 of the Town Law, and the notice of hearing was published and posted as required by law, and are otherwise sufficient; (b) The property and property owners within the proposed Consolidated District extension are benefited thereby; (c) The property and property owners benefited are included within the limits of the proposed Consolidated District extension; and (d) It is in the public interest to establish the Consolidated District Extension; and it is further RESOLVED that such Consolidated District extension is bounded and described as all of the property being Tax Map Parcel 34. -1 -27, also known as Lot 27 in Ladoga Park, and it is further RESOLVED, that the proposed improvement, including costs of rights of way, construction costs, legal and engineering fees and all other expenses, is to be paid for by the owners of said Lot 27, and no Town debt or Consolidated District debt is or will be created thereby, nor will any capital costs be incurred by the Town or the Consolidated District, and the estimated average annual cost of water for an average single family home within the district extension is in the amount of $316.00, and the estimated average 1 18 Continued, January 21, 2004 one time hook -up fees for installation and connection of the service line to such residence is in the approximate amount of $1,775.00; and it is further RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file this Resolution within 10 days with the Tompkins County Clerk, and, again within 10 days, to file a certified copy with the Department of Audit and Control in Albany, New York; and it is further am RESOLVED, that the proposed extension of the Town of Lansing Consolidated Water District for Ladoga Park Lot 27 be and is hereby approved, and the service extension herein mentioned be constructed and the service herein mentioned be provided for once the required funds are made available or provided for, with final approval to be (1) at the discretion of the Town Supervisor once he is satisfied that (a) all fees and expenses have been duly paid or reimbursed by the landowners, and (b) Town Engineer is satisfied with the installation, and (2) after the running of the permissive referendum_ period (see TL §209- e(3)), but however (3) subject to the approvals required, if any, from the Department of Audit and Control and the New York State Comptroller; and it is further RESOLVED that the Town Supervisor and Deputy Supervisor be and hereby are authorized to execute each and any applications or other documents required or necessary to create such Consolidated District extension; and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is subject to a permissive referendum as provided for in Town Law §209 -e(3), and is not subject to the approval of the State Comptroller pursuant to Town Law §209 -f(1). PUBLIC HEARING- PROPOSED SELF - STORAGE COMPLEX: Proof of Notice having been furnished by the clerk, the Public Hearing was called to order at 7:15 p.m. The following statements were made: Doug McEver: There has been no prior application prior to the new zoning ordinances that occurred in the Town of Lansing. Currently in that District, there is no allowance for self - storage units. He stated that if his understanding was correct, prior to coming to the Board, for the Board to have an open hearing or to make an approval, it should be going to the Zoning Board of Appeals for a zoning variance. If a variance were approved, then, it would come to the Board. He asked if he was correct in his assumption. Rich John: Stated that it does appear that way. Maylon Perkins has written a letter to Guy Krogh indicating that he did not think that the Public Hearing was appropriate for there to be a review tonight under a Public Hearing. Mr. John stated that the Board should NOT take any action tonight other than listening to any members of the public who might have a comment in the nature of a public information session. He confirmed to Mr. McEver that any Public Hearing, or any discussion other than information really was not necessary at this point. Gary Wood: The proposal is still the same, which includes seven (7) buildings, 18,000 square 4 Tr feet on 1.8 acres. The owners want to make reasonable accomaditions such as, landscape, buffers, etc. 04 -034 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: 19 Continued, January 21, 2004 RESOLVED, that everyone desiring to be heard, having been heard, the Public Hearing is closed at 7:22 p.m. Carried. Steve Farkas: Stated that at this point, it stands as it is. Francis Shattuck: Asked council to state if the Zoning Board of Appeals was the way to go. Rich John: Mr. John stated that it does appear that the new zoning ordinance would be in effect on any building application that is put in now and probably the Z.B.A. would be the right route. He felt it might make sense to have Guy Krogh, who has done the research on this, to write a letter in response to Mr. Perkin's letter. It was Mr. John's understanding that there has not been a building permit application as of yet. Francis Shattuck: Stated that they have been to the Planning Board and to the Town Board twice and did not feel that the Town should string them out. He felt the Town Board should get them going in the right direction. Gary Wood: Asked the Town Board if they were stating that the application that was submitted in September is void. Rich John: It was his understanding that no building permit application was ever filed and that is what would trigger a decision. An application for preliminary site plan approval would not do it. Felt Guy Krogh should respond to Maylon Perkins as he has done the research. Steve Farkas: The Town Board will have Mr. Krogh write a letter to Mr. Perkins. Francis Shattuck: Suggested the parties involved get with Mr. Platt to see if they could get on the Agenda for Thursday's (01/29) Z.B.A. meeting. RUSDI SUMNER — WATER ON LANSINGVILLE ROAD: Ms. Sumner stated that she had recently purchased 2.5 acres of land on Lansingville Road from Robert Leathers. (tax map #: 27. -1- 21.2). She wants to build a home on this property in the spring and understood that the municipal water service does not extend to this property. She asked the Board for their assistance in extending the water line to her property. After some discussion, it was decided that Ms. Sumner would go to her neighbors to get a right —of —way to run the water line to her property. This matter will be discussed in the future when Ms. Sumner gets feed back from her neighbors. 20 Continued, January 21, 2004 PUBLIC HEARING — SNOW ORDINANCE: Proof of notice having been furnished by the clerk, the Public Hearing on proposed Ordinance No. 50 was called to order at 7:30 p.m. No on appeared voicing any objections or comments, therefore the Public Hearing was closed at 7:31 p.m. and the following resolution was adopted: 04 -035 RESOLUTION Adoption of Snow Ordinance Town of Lansing Ordinance Number 50 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21 st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck— aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, upon and after review of the recommendations of the Highway Superintendent for an updated ordinance to address plowing and snow removal problems caused by vehicles and other obstructions left upon and in the roadway right -of -way; and WHEREAS, the Town Board of the Town of Lansing having found that it would promote and enhance public safety, and be in the best interests of the public, to reasonably regulate the standing and parking of vehicles and other objects on public roadways during and after snow events within the areas of the Town's jurisdiction; and WHEREAS, the Town Board of the Town of Lansing duly schedules, posted, published notice of, and conducted a public hearing on the proposed ordinance.on January 21, 2004 whereat members of the public and other interested persons could comment upon the proposed ordinance, and whereat the Town heard evidence in favor of and opposed to such proposed ordinance, and duly considered the terms, conditions, complaints, concerns and issues surrounding the adoption or amendment of such proposed ordinance; and WHEREAS, after review and discussion of each of the foregoing,premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the said proposed ordinance is in the public interest and would promote public safety; and it is further RESOLVED, that the Ordinance titled and printed below be and hereby is adopted by the Town of Lansing, effective immediately, subject to the publication requirements of law: TOWN OF LANSING SNOW ORDINANCE TOWN OF LANSING ORDINANCE NUMBER 50. Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the regulation of vehicles and objects parked, placed, located or standing in roadway rights -of -way, adopted January 21, 2003 and to become effective immediately. History: Ordinance No. 2, adopted December 6, 1958 (Removal and Storage of Vehicles), as amended by Ordinance No. 19, adopted February 10, 1976 (amending allowed towing and storage charges). 21 Continued, January 21, 2004 SECTION 1: Repeal and Effective Date: Ordinance No. 2 and Ordinance No. 19 be and are hereby repealed, and this Ordinance shall take effect immediately. SECTION 2: Purpose: The purposes of this Ordinance are to regulate the placement, t standing and parking of vehicles and other objects upon roads and highways during snow events and at all times when plowing and snow and ice removal are necessary so as to protect the public health and welfare by preventing accidents and effectively removing snow and ice from public roadways. SECTION 3: Definitions: The following definitions shall apply to this Ordinance: a. Vehicle: Each and every device in, upon, or by which any person or property is or may be conveyed, moved, drawn, or transported upon, through, or across any Roadway, including all licensed and unlicensed vehicles, all registered or unregistered vehicles, and all devices of conveyance whether operated by human power, a motor, or otherwise. Vehicles shall not be deemed "objects" as used in this ordinance. b. Snow Event: Any snowfall that is in progress; or during and 12 hours after any snowfall that exceeds 1 inch; or any amount of freezing rain, whether as sleet, ice, or as rain that freezes upon or after contact with the ground. C. Roadway: All, each, and every portion of the right -of -way of all, each, and every public road, route, and highway located within the Town of Lansing, including all Town roads and all County and State routes and highways, and also including but not limited to all paved, finished or driving surfaces, shoulders, ditches and culverts. SECTION 4: Restrictions: No standing or parking is permitted upon any Roadway during any Snow Event. No standing or parking is permitted upon any Roadway after any Snow Event until the completion of Town snow removal operations. Any Vehicle found to be in violation of this Subsection 4 shall be subject to citation or ticketing and /or removal or immediate towing. Each, any, and all objects, other than Vehicles, are subject to the same requirements as Vehicles, and any such object that is found to be in violation of this ordinance is subject to removal or immediate towing. SECTION 5: Powers of Highway Superintendent: The Town of Lansing Highway Superintendent shall have the power to cause or order the immediate removal of any Vehicle or object that (a) is in violation of Subsection 4 hereof, and /or (b) obstructs or interferes with the maintenance of any Roadway, regardless of whether such Vehicle or object is located in or upon the Roadway. SECTION 6: Fines and Penalties: For any first offense, the fine shall be $25.00. For any second offense within 6 months of any prior conviction under this Ordinance, a fine of not less than $25.00 and not more than $75.00. For any third offense committed within 6 months of any prior conviction under this Ordinance, a fine of $100.00. The fine may be waived by a Court of competent jurisdiction if the offense was unavoidable due to an emergency that prevented the owner and operator of the Vehicle, or the owner of the object, from moving, removing, or towing such vehicle. SECTION 7: Towing: The towing or removal of any Vehicle pursuant to this Ordinance may be performed by any licensed towing agency, by the Town Highway Department, or by any company the Town of Lansing may hire or contract with to provide Vehicle (and /or object) removal services. All towing and storage fees associated with the removal of such Vehicle shall be the sole responsibility of the owner(s) of any such Vehicle. The Town of Lansing shall neither be responsible nor required to (a) locate or notify any Vehicle owner of operator, or the owner of any object, that any Vehicle (or O 22 Continued, January 21, 2004 object) has been removed or towed, or (b) know, keep records of, or advise any owner or operator as to the location of any such towed or removed Vehicle or object. DAVE HERRICK — TOWN ENGINEER: Mr. Herrick went over work items for 2004 with the Board. Consolidated water EDU's: Mr. Herrick stated that the Board needs to amend schedule B and that cold storage units should not be charged any units. New Water System — Draft Policy: Mr. John went over the proposed draft for any additions or extensions to the consolidated districts. Mr. Shattuck stated that if the Town found there was a value to putting in piping even where there was not a district, if it improved the system, he would be in favor of it. He felt this is a possibility. Mr. McEver stated that he was in favor of putting in pipelines where there was not a district if it would help to improve the system. DICK PLATT — BUILDING AND ZONING OFFICE: Monthly Report: Down in Permits by 10 and down in project costs by $ 1,604,718.00. Mobile Home permit fees: Mr. Platt would like to reduce the cost of a building permit for mobile homes that are being placed on rental lots from 30 cents a square foot to a flat $ 150.00 fee. The following resolution was then offered: 04 -036 RESOLUTION Flat Fee for Mobile Home Permits At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, pursuant to New York State Law, the Town of Lansing has adopted a local law providing for the administration and enforcement of rules and regulations related to fire prevention and construction; and WHEREAS, by Local Law #3 of the year 1984, the Town of Lansing has adopted the Uniform Fire Prevention and Building Code to govern all building and construction inspections in the Town of Lansing; and WHEREAS, pursuant to Local Law #3 of the year 1984, the Town of Lansing Town Board is authorized to adopt a Schedule of Fees for building permits and permits issued pursuant to the Uniform Fire Prevention and Building Code; and 23 Continued, January 21, 2004 WHEREAS, the Town of Lansing wishes to consider the amendment of the Schedule of Fees for Mobile Homes placed upon rental lots, which are currently calculated upon a square footage basis; and WHEREAS, said calculations are sometime difficult to calculate, and such tecltnique creates a high permit cost to value ratio as compared to "stick- built" homes or permanently placed mobile homes; and WHEREAS, the Code Enforcement Officer believes that the revision of the Building Fee schedule would reduce Code Enforcement office costs, result in a fairer fee relative to value, and would otherwise be in the interest of the Town and its citizens; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that the Schedule of Fees adopted pursuant to Local Law #3 be and is hereby amended to provide for a flat fee of $150.00 for all Mobile Home building permit applications for Mobile Homes placed upon rental lots. Appoint Ronald Bicker as alternate to Z.B.A. Board: 04 -037 RESOLUTION Appointment (Bricker) to Zoning Board of Appeals At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, there is a vacancy for an alternate position on the Town of Lansing Zoning Board of Appeals ( "ZBA "); and WHEREAS, Ronald Bricker is qualified and willing to serve in such capacity as an alternate member of the ZBA; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that Ronald Bricker be and is hereby appointed as an Alternate Member of the ZBA effective January 21, 2004, with such appointment to expire December 31, 2007, with such service to be at the pleasure of this Board. Ron Ronsvalle — New Garage: Mr. Platt stated that Mr. Ronsvalle is building a new garage near the railroad track on Milliken Station Road ext. He will extend the existing road. He is in the right to do this but Mr. Platt fells there will be a lot of complaints as it is very close on the corner. Mr. French was concerned about a fire truck getting through. Mr. John stated that it is a private road and that the Town should stay out of it. JACK FRENCH — HIGHWAY SUPERINTENDENT: 24 Continued, January 21, 2004 Grade All. Danby has paid for the old Grade - All in full. County taking care of the roads. Mr. French stated that the County is doing a terrible job of taking care of the roads. They are only paving about 3 miles of roads per year.. Mr. French is concerned about the County roads in the Town of Lansing. He will meet with the County in about three months. The County has not paved a county road in the Town of Lansing in two years. Mr. French stated that he could pave a road for between $60,000.00 and $65,000.00 per mile, where the County is spending $300,000.00 per mile. PUBLIC HEARING - PROPOSED ORDINANCE NO. 51: 04 -038 RESOLUTION Senior Citizens' Tax Exemptions NOTICE OF PUBLIC HEARING for proposed ORDINANCE 51 (Repealing Ordinance 5) At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Shattuck; and the vote was as follows: Stephen Farkas - aye, Francis Shattuck - aye, Douglas McEver - aye, Connie Wilcox - aye, and Martin Christopher - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, current Lansing Ordinance Number 5 provides for partial real property tax exemptions for certain persons of limited income who are 65 year's of age or older or disabled, as specified and permitted by Real Property Law §467, as amended by Chapter 756 of the Laws of 1986; and WHEREAS, said Ordinance Number 5 has been previously amended by Resolutions dated November 30, 1970, March 11, 1972, February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1982, March 43, 1984, February 11, 1987, August 15, 1990, January 30, 1991, December 8, 1993, October 12, 1994, December 21, 1994, December 31, 1996, December 16, 1998, January 17, 2001 and October 16, 2002; and WHEREAS, the Town Board of the Town of Lansing has' developed a proposed Ordinance Number 51, which is intended to repeal Ordinance Number 5 and replace the same to provide for said partial real property tax exemption as permitted by law; and WHEREAS, said proposed ordinance, called Ordinance Number 51, in general terms, proposes to establish the following: (1) a repeal of Ordinance Number 5 in its entirety, and the passage of Ordinance Number 51 in the place thereof; (2) a.'definition of eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; (3) provides a schedule of exemptions based upon the combined income-'of the owners of real property; (4) specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; (5) specifies the application for eligibility procedures; (6) specifies fines for providing false statements; and (7) Continued, January 21, 2004 proposed that the proposed Ordinance Number 51 be and become effective immediately; and. WHEREAS, the Town now desires to call a public hearing to hear all persons interested in the subject thereof, and to consider the terms of, and the adoption or amendment of, such proposed ordinance; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of February, 2004, at 7:05 o'clock P.M., to consider the aforesaid proposed ordinance, and to hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. AUDIT APPROVAL; 04 -039 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Voucher Numbers: 1 —65 FUND TOTAL APPROPRIATIONS General Fund 29,218.71 Highway Fund 19,646.16 Lansing Lighting 1,252.86 Lansing Water Districts 21464.11 Town of Lansing Housing Rehab Program 21669.24 Trust & Agency 263659.81 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Frances Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES: A copy of the minutes of December 30, 2003 and January 2, 2004, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 04 -040 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Minutes of December 30, 2003 and January 2, 2004 are hereby approved as submitted. Carried. 25 2E Continued, January 21, 2004 BOARD MEMBER REPORTS MARTY CHRISTOPHER: Training in Rochester: He stated that his training was very positive and well worth it. CONNIE WILCOX. Training in Albany: She thanked the Board for allowing her to go and said it was great and learned a lot. Fire District: Steve White — New Chairman Bob Wagner — re- elected as Commissioner Howard Cahalan — re- elected as Secretary Mrs. Wilcox stated that only 14 voters turned out to vote. Looking at a new Fire Station for the Village of Lansing. Will keep up on this situation. Bolton Point. Attended her first meeting and stated that Bolton Point is looking into automated meter readings for commercial properties only. DOUG MCEVER: Water Resource Committee: Ed Marks want to increase the number of representatives in the W.R.C. The amount right now is at 28. Mr. Marks wants at least one representative from each Township and Village. Mr. McEver does not agree with this proposal. He stated that the DEC is happy with the way it is right now and does not want the WRC to get any further involved than what they are. Historic Building Meeting: Completed about 3/4 of the grant application. The amount of the grant is for about $ 1253000.00. FRANCES SHATTUCK: Painting the Town Hall: Pat Tyrrell suggested the Town Hall be re- painted. Mr. Shattuck contacted the Probation Department and they will send someone out tomorrow to look over the job. Mr. Shattuck stated that the workers would be supervised. There will be no labor costs to the Town. Electrical Costs. The Town budgeted $11,000.00 or $ 12,000.00 for Mr. Ferris and took in $ 16,000.00. 27 Continued, January 21, 2004 Personal Meeting: The first meeting will take place on January 30`h at 7:00 a.m. Committee members are Mr. Shattuck, Mr. Christopher and Sharon Bowman. TCAD Development Committee. 04 -041 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that Frances Shattuck is hereby authorized to enroll the Town of Lansing in the TCAD committee for a membership fee of not more than $ 1,000.00 for the year 2004. Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Frances Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor STEVE FARKAS. Appointments to the Tompkins County Fire, Disaster and EMS advisory committee for 2004. 04 -042 RESOLUTION Appointments to EMS At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has need to appoint its representatives to EMS, and sought qualified, interested and available candidates; and WHEREAS, after review and discussion of each of the foregoing premises and the candidates proposed or nominated for consideration therefor, the Town Board of the Town of Lansing has hereby RESOLVED, that Dale Oplinger be and is hereby appointed as a Representative on the Town of Lansing to EMS, with such appointment to expire December 31, 2004, with such service to be at the pleasure of this Board; and it is further RESOLVED, that Thomas Dorward be and is hereby appointed as a Representative on the Town of Lansing to EMS, with such appointment to expire December 31, 2004, with such service to be at the pleasure of this Board. Salt Point: Katrina Greenly will put together a committee to develop Salt Point. March 6, 2004.will be their first meeting. LAM Continued, January 21, 2004 Re Assessments: On or about February 9, 2004, the Tompkins County Assessment Department will be sending out new assessments. Mr. Farkas stated that there are approximately 4,300 properties in Lansing and that approximately 4,000 of them will go up at an average of 11.3 %. Mr. Farkas stated that we need to hold the County Legislature accountable. The Board was very upset about this and feels something needs to be done. Executive Session: 04 -043 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss the case of The Town of Lansing vs. N.Y.S. at 9:40 p.m. Carried. 04 -044 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Executive Session be terminated and the Regular Board Meeting be reconvened at 10:45 p.m. HIRE MAUREEN MUGGEO: 04 -045 RESOLUTION Hiring of Maureen Muggeo for Town Recreation Office At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 21st day of January, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye, Connie Wilcox — aye, and Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board had previously interviewed for a posted and advertised full time position duly created; and WHEREAS, said position, part-time clerk, was sought to be filled after rounds of interviews; and WHEREAS, an acceptable and qualified candidate was located, and said candidate, Maureen Muggeo, is proposed to be provisionally hired to fulfill such job requirements; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that Maureen Muggeo be and hereby is approved to be provisionally employed as a Town of Lansing Grade 4 Civil Service Employee, as a part-time clerk, with such employment to commence the first week of March, 2004 at the rate of $10.97 per hour. On motion, meeting adjourned at the call of the Supervisor at 10:50 p.m.