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HomeMy WebLinkAbout2005-09-21Regular Town Board Meeting Date: September 21, 2005 Time: 6:00 p.m. Place: Lansing Town Hall Boardroom Agenda 1, Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Privilege of the Floor a) Anyone wishing to address the Board. 5. Engineer's Report 6. Highway Superintendent's Report 7. Code Enforcement Officer's Report 8. Parks and Recreation Department Report 9, Approve Audit 10. Approve Minutes of August 17, 2005 11. Board Member Reports 12. Executive Session if Needed 13. Adjourn Meeting 225 226 September 21, 2005 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Absent Lorraine Schmitt Town Attorney Present Visitors: Jack French, Dave Herrick, Dick Platt, Rachel Jacobsen, Jack McNamara, Michele and Dan Brophy, Winona Krom, Chris Nill, Barb Bennett, Mary Boles, Elmer Fethers, Alan Bordenet, Fred Miller, Joyce Cima, Joyce Henniger, Connie Mabry, Don & Sherrie Norman, Ev Davis, Kathleen Caryl, Beverly Abplanalp, Matt Besemer, Norm Worsell, Michelle Canfield, Dan Konowalow, Betty Matyas, Jeanne and Bill Bishop, Scott Bishop, Ron and Maxine Bowman, Joan Hass, Dave Heck, Maureen Cowen, Dale Baker, John Anderson, Judy Drake, Brian & Christine Flannigan, Alice Farkas, Bob Marcus, Doreen Mack, David Taube, Karen Bishop, Jennifer Carter, Scott Morse, William Hindeliter, Gregory Lawrence, David and Kevin McNiff, Julie Campagnolo, Jason McGory, Steve Colt and a couple other residents. The Supervisor lead all present in the Pledge of Allegiance. Proposed Water District in the Algerine Road Area: Beverly Abplanalp read the following letter to the Board and all present: 166 Algerine Road Lansing, NY 14882 September 21, 2005 Re: Privilege of the floor Dear Board Members & Town Supervisor, I signed a petition in May 2005 that among other things states that I am a resident: "who lives within a proposed "initiative" for a municipal water supply referred to as NO. 17 Extension No. 5 ... municipal water (is) unnecessary for the quality of life we (residents) enjoy here" and that 1 "want to spend my money on other things ". This is not the first time in the last ten years that I have voiced my opposition to bringing public water into an agricultural district!!! However, this is a completely unnecessary use of my time to repeatedly state the obvious —And I quote from the petition: "We know that municipal water historically leads to future development and raises estate costs and speculation." My signature, and that of 38 or 39 other residents that tarn aware of, demonstrate our ongoing opposition to an extension of municipal water in our rural and agricultural neighborhood. I DO NOT WANT MUNICIPAL WATER. I EXCLUDE MYSELF FROM THE "PROPOSED WATER DISTRICT NO. 17 EXTENSION NO. 5 I EXCLUDE MY RESIDENCE AND LAND. 227 Continued, September 21, 2005 I REFUSE TO PAY FOR MUNICIPAL WATER AND THE COSTS TO DISCUSS AND PLAN FOR AS WELL AS TO CONSTRUCT AND TO SERVICE AND TO MAINTAIN A MUNICIPAL WATER DISTICT. I signed the petition and instruct you, my elected representatives in Lansing to abandon this nonsense, vote no to a water district that would run through our residences and lands including farm land. We are the overwhelming majority of the people who live along the eastern %2 of Algerine Rd. between RT 34B and approximately Ludlow Rd. The petition also speaks to previous exclusions from the many, many editions of the map of the No. 17 Extension No. 5 municipal water supply, including %2 of the lake front properties that were removed from the map many years ago already: FURTHER, WE NOTE THAT ON VARIOUS EDITIONS OF MAPS OF THE PROPOSED DISTRICT CERTAIN LANDS HAVE ALREADY BEEN REMOVED; THEREFORE, IT IS IMPERATIVE THAT OUR RESIDENCES AND OUR LANDS BE EXCLUDED FROM ANY CURRENT OR FUTURE MAP AND COST ANALYSIS. We supposedly live in a democracy. Every resident within the school district can vote on the school budget. They get one vote each. Elected officials are subject to the vote of residents who live in the district they would like to represent. Each resident gets one vote. I must restate that we live in a democracy and I know of no democracy that gives the same individual multiple votes as did Mr. McNamara in his survey /petition of who wants public water. If there were such an immediate health crisisI am told that a member of the health department contacted by Mr. McNamara wrote a letter making such a claim for water front residences --- clearly all these lakefront residences would be back on the map! Mr. McNamara no longer lives at the lake, although he claims he represents residents here. I understand that he successfully sold his lakefront home for over $400,000 —must not have been too much of a water crisis to prevent the sale. Further most of the lakefront homes are assessed in some cases 4, 5, and 6 or more times the value of the residences that do not want municipal water. Realizing that public water exists at the power plant and could be extended south along the lakefront, is a more democratic option to address these alleged health needs; however suspending the sale of properties with health crisis water issues might be a first step. I cannot remain to hear further presentations or discussions tonight. I am in a college class tonight, Wednesday night, for the entire semester. I will not pay for water, nor will I be included in any formula to distribute costs, and my land is to be removed from all maps of public water districts. Sincerely, Beverly Abplanalp Mr. Farkas asked Dave Herrick to move forward with the presentation. Mr. Herrick explained the proposed district. Mr. Herrick explained that the plan tries to leave out donut holes. A question and answer period followed and the following resolution was then � offered: Set Mir, Water Di RESOLUTION 05 -177 No. 1. Resolution Establishing Public Hearing Regarding Petition of Residents of Algerme and Lansing Station Road Areas for Formation of CWD Extension #1 228 Continued, September 21, 2005 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 September, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, residents in the above -noted area have petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and a petition signed by over 80% of the proposed affected property owners for the establishment of a proposed CWD Extension ( "CWD Extension 1 ") covering a portion of Lansing Station Road and Algerine Road in the Town of Lansing, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town had previously authorized the Town Engineer to prepare preliminary cost estimates for the same by Resolution Number 04 -197 of November 4, 2004, and the Town Engineer having expressed no special concern other than EDU costs thereof; and WHEREAS, the Town Board met with the affected residents to share the information received from the Town Engineer, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project, and WHEREAS, the expansion of the CWD into the affected areas was deemed to be in the public interest by Resolution Number 05 -111 of May 18, 2005, and by said same Resolution, the Town authorized the Town Engineer to proceed with the preparation of a map, plan and report ( "MPR ") for the construction of a water district extension along Algerine and Lansing Station Roads (as shown in the residents' application materials upon a map designated as District 17, Extension 5); and WHEREAS, said MPR has been reviewed and deemed preliminarily feasible; and WHEREAS, no request for a permissive referendum was received relative to the MPR as permitted by Town Law Article 7, and Town Law §§ 190 -c, 209 -q, as applicable, and together with any other general or other New York State law, regulation, or requirement permitting or requiring a referendum upon this matter; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED, that a Public Hearing be and hereby is established for consideration of CWD Extension 1 for 6:06 p.m. upon October 19, 2005 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted 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 and posted in accord with law. Drake Water Petition Winona Krom presented a petition to the Board asking for public water on Drake Road as soon as possible. A discussion was held regarding the possibility of using a f : 229 Continued, September 21, 2005 larger than normal pipe and if used, could the difference come from the consolidated budget. Mr. Herrick will update his figures and get back to the Board. Establish Town as Lead Agency: RESOLUTION 05 -178 Resolution Establishing the Town Board of the Town of Lansing as Lead Agency for SEQRA Review of Proposed CWD Extension 1 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 September, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, residents in the Algerine and Lansing Station Road areas have petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and a petition signed by over 80% of the proposed affected property owners for the establishment of a proposed CWD Extension ( "CWD Extension 1 ") covering a portion of Lansing Station Road and Algerine Road in the Town of Lansing, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the construction proposed consists of the installation of water lines, valves, pumps, and related appurtenances to provide municipal water services to the affected areas, all in accord with a preliminary map, plan and report prepared by the Town Engineer; 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 I action pursuant to NYCRR 617.4; and WHEREAS, the proposed action is wholly within the Town of Lansing, but the Town none - the -less will issue NOIs to determine if any other interested or involved agency desires to also serve as a lead agency; 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 as a Lead Agency for purposes of conducting an environmental review of the subject project pursuant to SEQR, and the Regulations promulgated thereunder. i Lake Ridge Road Petition: A petition was presented to the Board at the last meeting for a water extension. Per Mr. Shattuck's request, residents came to support the petition. Mr. Herrick will now update his figures and get back to the Board at the next meeting. L30 Continued, September 21, 2005 Jack French — Monthly Report: Empire Soils: Mr. French met with representative from Empire Soils regarding the old Highway Garage. Mr. French stated that they would like to take more samples. It was decided that Mr. French, Mr. Krogh, Mr. Herrick and Mr. Farkas will set up a meeting with Empire Soils very soon. Pump House — Pheasant Way. The wrong motors were delivered and the right ones should be here soon. Solar Panels. Everything is complete except the electric, which will get started on Monday. Auction• Mr. French stated that the Town only had small items in the auction this year but still made $ 1,279.00 and they also made $ 4,103.00 from commission. Oil Tanks: The oil tanks at Cayuga Emulsions are gone. Dick Platt — Monthly Report: Monthly Report: Mr. Platt reported that they are down by 5 permits and up in project costs by $3039869.00. Whispering Pines: A new sub - division in Whispering Pines will be opening up soon along with a few other small sub - divisions. NYSBOC: Mr. Platt attended a NYSBOC meeting and at that meeting STOBA donated $ 2,000.00 to the Katrina relief fund. Steve Colt — Monthly Report: Mr. Colt read the following report: Parks & Recreati ®n Department 9/21/05 Town Board Meeting RECREA TION Our Fall programming is now in full swing. • The JR Small Fry team got off to a great start this past weekend at Newfield. We will be partnered with Watkins this season as they did not have a JR team and we did not have a SR team. The YFL games conclude on October 30` . • Flag Football for 2nd and 3`d graders is up and running and will have games against other teams in our area soon. 231 Continued, September 21, 2005 • Our JR Small Fry Cheerleaders are also very good and will cheer at all 7 games. • Recreation Fall Soccer is underway with 33 different teams playing 4 days a week. • Our Horseback riding program at Finale Farm has also started. Late Fall and winter programs are now being planned and include the Ski Program, Bowling, Basketball, Gymnastics and Skating. Much of the Ski program has been redesigned by Greek Peak and we will be offering an informational meeting on Tuesday evening September 27`h at 7:45 PM. A Greek Peak representative will be at the meeting. PARKS Most all of our grounds are finally green again and we have started mowing, after about a 2 month stoppage. • We met with NYMIR's Tom Weisbeck, a loss control specialist, today for our annual review of our areas. We have already corrected two items that he noticed in one of our playgrounds at Myers Park.. I have also volunteered to host a Youth Sports Civility workshop when NYMIR is ready to conduct one for our area. • I will be meeting again soon with the Lion's Club regarding the possible donation of a bandstand/gazebo for Myers Park. • We are considering limited winter boat storage at Myers Park.. Logistics and fees are still being considered. • The Norm Stanton memorial trees were picked up and planted today. Fourteen trees were purchased from his memorial fund. His son Nathan and I had been in contact for several months in preparation for this memorial project. • We are continuing to take camping reservations and will do so as long as the weather allows. We hope to make it into October. We have surpassed last seasons camping mark and have done so with 8 LESS sites than we had last year. • Our camping and pavilion rental rates will be going up for next year and those rates will be announced next month once we do our final wrap up of the season. AUDIT RES. 05479 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: Audited Vouchers: 912-1073 PrePay Vouchers: 912-914 APPKOPRIATI General Fund 55,716.24 Highway Fund 1463853.00 Lansing Lighting 1,118.16 Lansing Water Districts 935712.58 Cherry Road Sewer 1,282.11 Better Housing For TC 51219.30 Trust and Agency 375714.03 BUDGET MODIFICATIONS: FROM TO FOR AMOUN' A2680 A5132.405 Ins. Recovery to Building Repair 6646.00 Increase Revenue: J A3120.402 A3120.410 PWC Police to PWC Contractual 780.00 A1990.400 A1320.400 Contingency to Independent Auditing 43500.00 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson 232 Continued, September 21, 2005 Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approval of Minutes: A copy of the Minutes of August 17, 2005, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. Res. No. 05 —180 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the minutes are hereby approved as submitted. Carried. BOARD MEMBER REPORTS: Marty Christopher. Technology Committee. Hopefully, a technology Budget will be in place for the year 2006. Basement Renovations: The wall in the basement of the Town Hall is complete and the electrical work will start soon. Storalle in the Basement. Mr. Farkas informed the Board that he authorized the bookkeeper to allow Mr. Colt to spend money for shelves and storage. Connie Wilcox: Fire Department: Mrs. Wilcox will attend a meeting tomorrow where a discussion of incorporating will be discussed. Bolton Point: Bolton Point set a record this summer in water production. They have been very busy with the North Triphammer Road construction project. Lansing Housing Authority: Some work is being done to the sun porch and to the kitchen at Woodsedge. They have hired a new person to do the bookkeeping. Doug McEver: WRC: Roxanne Johnston has been given the Moorehouse award. 233 Continued, September 21, 2005 Town of Caroline: The stream restoration process in the Town of Caroline is almost complete. Cayuga Inlet Clean -up: A clean -up of the water at the Cayuga Lake Inlet will take place on September 24th beginning at 9 :00 a.m. Historical Building: Mr. Platt and Mr. McEver have almost completed the electric work and hopefully, by November 1 ", it will be completed and a date can be set for a grand opening. Bud Shattuck: Appointment of New Recreation Assistant: RESOLUTION 05 -181 Resolution Appointing New Recreation Assistant 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 September, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, 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; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Karyn Yahn has been appointed as the new Director of the Drop In Center Program, thereby leaving vacant the Recreation Assistant's position; and WHEREAS, after interviews for a new Recreation Assistant, a qualified candidate by the name of Lori McKenna was selected; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that Lori McKenna be and hereby is hired as the Recreation Assistant, with compensation therefor to be paid at the rate of $32.00 per day. Appoint New Drop In Program Director: RESOLUTION 05 -182 Resolution Appointing New Drop In Program Director 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 September, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: L34 Continued, September 21, 2005 WHEREAS, Doris Caskey was the Director of the Drop In Center Program, and she resigned from such position just prior to the Fall 2005 opening of the Center; and WHEREAS, Karyn Yahn is qualified and has agreed to undertake such Directorship; and WHEREAS, after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that Karyn Yahn be and hereby is appointed as the Director of the Drop In Center Program, with compensation therefor to be paid at the rate of $43.00 per day Recognition of Domestic Partners: A discussion was held and Mr. Christopher felt that a one year commitment was not long enough to be considered partners. The rest of the Board felt the one year period was adequate and asked the Attorney to prepare something for the next regular meeting in October. The Board also stated that they would like to see this policy in place by January 1, 2006. Retirement Benefits: The Personnel Committee has discussed retirement benefits. Mr. Shattuck explained these proposed benefits and recommended the Town Board accept them. Request from the Judges: The Judges have asked the Town to create a new position in the Court Office. Mr. Shattuck stated that this position will be a civil service position and the employee will have to be one of the top three on the test. Length of Swimming Pool permits: Mr. Shattuck stated that he received a letter from Bonny Boles stating that the Town's length for a swimming pool permit is 3 months when other Towns are no less than l year. The Town also charges $50.00 per 3 month period, which makes the total for a year $ 200.00. Other Town's charge between $50.00 and $ 96.00. Mr. Shattuck asked Mr. Platt his opinion. Mr. Platt stated that he did not feel the fees should be changed nor did he feel the time period should be changed but they could look at 120 days vs. 90. Mr. Shattuck asked if the concrete was inspected. Mr. Platt stated that it was but that it was not an issue, safety is the issue. He did state that if there was a temporary fence and an electrical inspection complete, a temporary permit could be given until the permanent fence was installed. Mr. Shattuck suggested that Mr. Platt, who is the president of the Southern Tier Building Officials, bring this matter up when they meet again. Letter from David Squires: The Town Clerk had forwarded on a letter she received from Mr. Squires at the County Budget and Finance Office. The Town Clerk explained that all Town Clerk's now collect the Town and County taxes from January 1St through May 31St of each year. The County has informed the Clerk's that their collection will end the last day of March beginning in 2006. Mr. Shattuck asked the clerk if this would make a difference in her budget and she stated that it would and that she would have the figures to the Board tomorrow. 1 9 Steve Farkas: County Board Meeting: L Continued, September 21, 2005 Town Official's spoke with County Officials at their meeting about Police coverage and road patrol in Tompkins County. Mr. Farkas stated that it is atrocious. There are usually only two (2) cars on the roads at night. He also stated that the County Roads are in real bad shape and they are a safety hazard. RES. No. 05 -183 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel matter at 8:29 p.m. Carried. RES. No. 05 -184 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:51 p.m. Carried. RES. No. 05 -185 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 8:52 p.m. Minutes taken and executed by the Town Clerk. Carried. 235