Loading...
HomeMy WebLinkAbout2007-09-05Y.'• y { SPECIAL TOWN BOARD D MEETING Date% September 5, 2007 Time. 6:00 p.m, Place:Lansing Town Hall Board Room AGENDA 16 Call Meeting to Order . Roll Call Pledge of Allegiance 4, Public Hearing (6 :05) C D Ext. No 'I 5, Close Public Hearing 6, Bond Proposal 7, Privilege of the Floor 8, Town Counsel Report 91 Approve Minutes of August 15, 2007. 10. Any other business that may come before the Board 11. Executive Session if needed 121 Adjourn Meeting 229 231 S2.PTEMBER 5, 2007 The Lansing Town Board met in Special Session at the I..ansing 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. Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Debbie Crandall Guy Krogh ROLL CALL Supervisor Present Councilperson Present. Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Ralph and Carole Lobdel1, Beverly Abplanalp (6:12 p.m.) and Dan Veaner. The Supervisor led all present in the Pledge of Allegiance. OPEN PUBLIC HEARING ON CONSOLIDATED WATER DISTRICT EXTENSION #1: RESOLUTION 07 -177 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing on Town of Lansing Consolidated Water District Extension #1 is hereby opened at 6:05 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board , .. (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck:, Councilperson Connie Wilcox, Councilperson Stephen Farkas, Supervisor Mr. Krogh explained and reviewed the Engineer's Report. (Copy available at the Town Clerk's Office). Mr. Krogh explained that the reason for the Public I•Iearing was that CWD #1 Extension has increased. This is mainly due to inflation and increases in steel and gasoline prices. The increase in cost was 5777,200.00 to $970,000.00. Due to the 0% financing, the estimated maximum to be expended will increase, but such increase will not cross NYS Comptroller thresholds and is still well below the amount approved by the voters at the referendum held on Apri13, 2006. The amount per EDU is $427.00 amnially for 20 years or until the debt is consumed by the Consolidated Water District. Set time frame for joining the CWD is not known at this time. After a brief question and answer period the following resolution was adopted. CLOSE PUBLIC HEARING: RESOLUTION 07478 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all people desiring to be heard, having been heard, the Public Hearing was closed at 6:30 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 232 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of' Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor PRIVILEGE OF TIIE FLOOR: Letter front Carrie Jo Uhrovcik- Brown: Bev Abplanalp read the following letter on behal f of Carrie Jo Ulirovcik- BrovNni who was unable to attend the meeting tonight: To Whom I.t May Concern, I came to Catharpen Farms for the first time in 1991 through the learning web program. Catharpen farm and Carthsong gardens is where 1 spent many of weekends learning about all the rolls of farming. This time that i spent here was one of the most enjoyable and impressionable times of my life. 1 did this until I graduated in 1994. I have recently returned to the Catharpen Nnls as the mother of two and the Vice President of Marketing. As a youth i found the farm a place o1'peace and the endless enjoyment of learning. I returned there in hopes of sharing those memories with my two young children as well as creating some new ones. I want my children to learn how important it is to care for the animals and the garden with love and respect, l want them to learn that you can grow and eat food that is not loaded down with pesticides and hormones. There are not many places out there where they can observe and do the hands on learning it takes to make a lasting impression. in 1991 when I first arrived at the farm the one thing 1 remember was that there being plenty of fields and farm country around. It was quite shocking upon my return to see all the new developments taking place on Algerine Rd. Houses or homes can be built anywhere but by placing public water in an agricultural district one is pushing the farms out and bringing new dwellings in. This bothers me quite a bit as a mother. We need farms to survive and we need to teach our children about farming to ensure their futures. Lansing's history is based on farming and it seems that our heritage is being over looked for the soul purpose of making more bring for your buck. I want my children to know where they came from and the importance of farming but the way things are going it is impossible for one to make a living in a district that was suppose to be an agricultural place. With the increase ofhousing come the decreasing possibilities for the local farmer to expand a growing business. I believe that there is an expanding want and need for fresh organic food in our local and surrounding communities. Going green is all over and we are fortunate enough to be a part. of it. I was born and raised in Lansing. My (farther, Herb Beckwith, served and spent many hours on the Lansing Town Board standing up for what he believed in. I am proud to say that I hope to take his lead Laid stand up for what I believe in. Do not put public water down Algerine Road. You will be hurting to local economy by charging a property owner a fee even if they decide not to hook up. This money you are asking the property owners to fork over Could be used to expand their business. To help provide more for families and to say the least help make this world a better place 11or the future of our children. Sincerely, Carrie Jo Uhrovcik -Brown TONVN COUNSEL REPORT: Approve and Authorize Map, Plan and Rcport for Sewer Extension to Warren Road Business Park and related areas: R.ESOLUTiON 117479 iA RIE SOLUTION APPROVING AND AUTHORIZING PILE PA RAT 10 Y OF MAP, PLAN AND REPORT FOR SEWER EXTENSION TO THE WARREN ROAD BUSINESS PARR AND RELATED AREAS At a Special Meeting of the fawn Board of the Town of Lansing held in and for the Town of Lansing at the Lansing TQ)wrn ti al l on the 5`" day of September, 2007, the following members being p1meserlt; Stephen Farkas, Supervisor; 'Francis Shattuck, C'ouncilperson; Connie Wilcox, Councilper�;on; Martin Christopher, Councilperson; and the 1o11ow11rng motion for a Resolution was duly made by motion of Francis Shattuck and was duly seconded by Mrs. Wilcox, and the vote was as RAlows; Stephen Farkas — aye, v P Fmcis Shattuck — aye; Con nie Wil cox — aye; Martin Christopher — aye; and Matthew BesemJ.9 0 er � aye; and (he 1lowing Resolution therefore passed 5 =0, and was duly adopted: WHERE AS, several businesses in the Warren Road expressed an interest in a sewer extension to service the said has advised that, due to lot footprints and needed expansion: said Business Park, sewer �ervlces are needed or businesses Business Park have Business Park and TOAD for several businesses in the +will leave Lansing; mid WHEREAS , the Token has d1scussed the feasibility of a sewer extension to service sections of Warren Road And the Warren Road BUSI]less Park, and the Village of Lansing appears to support such an endeavor; and WHEREA ,upon petition of "transonic Systems. Inc., the To n desires to proceed with a Feasibility study and an Engineering, Map,1'1arl and Report ( "MPWt) to extend sewer services as aforesaid; and WHURE,AS, Transonic Systems, Inc. has executed a Developer's Agreement to pay for the costs of a feas1bIIity study and the MPR. upon such proposed extension in such manner as will prevent any part of the cost thereof from becoming a public charge; and WHEREAS, upon due deliberation upon this matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the 'Town orLansing hereby directs the Town Engineer to proceed with the preparation of a MPR for the creation and/or constrLlctEoll of a Sewer Extension/District i'or the Warren Road Business 1?ark, other businesses aild properties along Warren Road, and any other feasible extension fcrniations and service costs, including. but not limited to, the extension of services to high density areas near said Business park, such as, but not limited to, the Village Circle area, all in accord itll the requirement of Towli Law § 2,(] -c; and it is further RESOLVED, that the cost oCI- easibiIity study and M P R are 9oint]y authorized in a grass amount not to exceed $10,000.40; and it is further RES L ED. that in compliance with Town Law § 2.09 -c, a copy ()rsuch MPF be duly fired, upon completion; with the Town Clerk and the State Department of Health. 1 RA: "Type II Authorize Execution of {ail & Gas Lease, RE' S0LUTI N (!7480 RESOLUTION AUTHORIZING EXECUTION OF OIL & GAS LEASE AND SURFACE I PRO VE NTE A TS A GRE UNII NT(S) WITH ANSBRO PETROLEUM COMPANY . # a Special Meeting of the Town Board of (he T ),%�� of Lan held ill and I�or the Town of Lansing at the Lansing Town Hall on the 5`r` day of -September, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, CounciIpenon, Connie Wilc(}x, CounciIperso,,; Martin Christopher, Councilperson; and 3 233 234 iivlatthew Besemer, C runcilperson; and t]}e 1011owiing me�rnbers being absent: none; and the following motion for a resolution was duly made by motion of Cormie Wilcox, and was duly seconded by Matt Besemer; and the %jote was as Follows; Stephen Farkas — aye, Francis Shattuck — aye, Connic Wilcox — Aye; Harbin Cliristopher — aye; and Mutthety Besenier — aye; and the following Reselunon there -fore passed 5 -0} and was duly adopted: WHERE A , Ansbro PetroleUni is performing seismic testing in the area and requests that the Town sign a lease for subsurface oil and gas wining rights; and WHEREAS, Ansbro Petroleum desires to make. surface improvements upon only one pay -ceI of Town -owned ]and, as more particularlyr set forth In such - lease, which improvements wiIi consist of a wel l; and WHEREAS, the Town believes it is in the best interests of the residents Of the Town that ,such an Ijin pre vement be upon Town -owned property For, among other reasons, 1~111AlSEMA purposes; and HEREAS, upon deliberation upon the same, the Town Board of the Town of Laiv5mg has hereby RESOLVED, that the Supervisor andlor Deputy Supervisor be and hereby are each individually authorized to execute such Oil & Clas Lease Agreement and such Surface Jrnprovemcnt Agreernents by, for, and in the -narne c the Towrl of Lan sirsg as they deem in the best interests of the Town, subject' to the advance approval oFTo n Counsel as to the langruage. and Corm of cacti of such Agreement(s). SERA: "Type 1I Back -Lot Water Extensions: Guy Krogh discussed his concerm with the n urn ber of back= lot ex tensions being requested Enid the cost to the Town. Bud Shattuck stated that it was his understanding that the property owner's were being charged for the extensions. Laud Shattuck slated that they needed to find a balance point with the Committee, and create a formula, The Town Board will look at it in more depth- REQUEST FOR A BACK -LOT WATE11 E XTENS 10N* The Town 'Board has reeeIved a request from 7 houses for a back -lot water extension from the Lake Porrest Subdivision, The Town Board will review this with Dave Herrick, Town Engineer at the next regular meeting on September 1, 20079 APPR VE 1411NILITES 0 iF AUGUST 15, 20117 A copy of the minutes of August 15, 2007, having been furnished to the Board Members beibreharnd, the Supervisor asked ibr a motion to make corrections or to accept the game as submitted: R' SOLUTION 07481 RESOLUTION] offered by Mr. Christopher and seconded by Dvlrs- Wilcox; RE SOLV 91)1) that the minutes o-[' August 15, 20 07 are hereby approved as sublinitted. Vote of Town Hoard - - - (Abstained) Matt Besemer, C'ouncilperson Vote of Town Board , , - (Ave) Marty Christopher, Councilpersoin 4 Vote of Town Board. (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board. (Abstained) Stephen Farkas, Supervisor Adopt Final Order Establishing Increase in Extended Pursuant to Town Law $209 -h Re District Extension I num Amour RESOLTUION 07482 KMbVLU r.iurN A.UUFTING FINAL ORDER 1E MAXIMUM AMOUNT AUTHORIZLD TO B thorrized Con PU TOWN LAW &209 -h RE T018 N OF LANSING VSOLIDATED WATER DISTRICT' EXTENSION Water 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 51h day of September, 2007, the flowing members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, 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 Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — ave, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Beserner — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, in processing the Environmental Facilities Corporation bond funding closing the 1 "own has learned that, mainly due to inflation and increases in steel and gasoline prices, the cost of construction of the Town of Lansing Consolidated Water District Extension 1 ( "CWD Extension I") has increased; and WHEREAS, Town Law § 209 -h provides and details the procedures necessary to review and, if in the public interest, authorize an increase in the maximum proposed to be expended;and WHEREAS, due to the 0% financing, the estimated maximum to be expended will increase, but such increase will not cross NYS Comptroller thresholds and will still be well below the amount approved by the voters at a referendum held pursuant to Town Law § 209 -e upon April 3, 2006; and WHEREAS, the Town caused an updated Map, Plan and Report ( "MPR ") to be created and filed, which MPR was duly approved and adopted, and which MPR was the subject of an Order and Public Hearing pursuant to Town Law § 209 -h; and WHEREAS, pursuant to 'Town Law § 209 -h, a Public Hearing was duly noticed and held to consider an increase in the maximum amount to be expended for improvements in CWD Extension I upon September 5, 2007 at 6:05 p.m. at the I. ..ansing Town Hall, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject thereof were duly heard; and WHEREAS, the Town duly adopted an Order outlining the boundaries of the proposed district, describing the proposed improvements and the purpose(s) thereof, estimating the cost of the proposed improvements and setting forth the maximum amount proposed to be expended as $970,000.00, estimating the cost of hook -up fees, identifying the proposed method of financing and the particulars of issuance of a serial bond and the costs thereof. including the first year's cost inclusive of 0 &, Air fees, reciting the filing of the MPR, and establishing the afore - described public hearing, and WHEREAS, upon due deliberation upon the foregoing, and in compliance with Article 12 -A of the Town Law, the ToN +-n Board of the Town of Lansing has hereby 5 235 236 RESOLVED AND DETERMINED that the MPR complies with the requirements of Town Law, and the notice of hearing was published and posted as required by law and each was otherwise sufficient; and it is fiirther RESOLVED AND DETERMINED that it is in the public interest to increase the maximum amou-nt authorized to be expended to $970,000.00 for such district and improvements; and it is further RESOLVED AND DETERMINED that no additional SEQRA review is necessary or required due to the passage of time as no significant changes in the property or project have occurred or are proposed, and as the Town finds that conducting the prior SEQRA review as soon as was practicable or possible in relation to this project was and is consistent with the goals and requirements of SEQRA; and it is further RESOLVED AND ORDERED that the said District Extension hereinabove referred to shall be constructed at a cost not to exceed $970,000.00 which amount is proposed to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said District Extension, which the Town Board has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds; and it is further RESOLVED AND ORDERED that the Town Clerk file a certified copy of this Resolution with the Tompkins County Clerk and the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days of the adoption of this Resolution and Order; and it is further RESOLVED AND ORDERED that this Resolution be subject to permissive referendum as required by Town Law §209 -h. EXECUTIVE SESSION, RESOLUTION 07483 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 7:05 p.m. to discuss possible litigation. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote or Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen parkas, Supervisor RESOLUTION 07 -184 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Besemer: RESOLVED, that the Executive Session be terminated and the Special Meeting be reconvened at 7:10 p.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (.Aye) Vote of Town Board ... (Aye) ADJOURN MEETING: Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen parkas, Supervisor RESOLUTION 07 -1.85 2 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Special Meeting be adjourned at the call of the Supervisor at 7:12 p.m. Vote of Town Board ... (Ave) Vote of Town Board. (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen Farkas, Supervisor Minutes taken and executed by the Deputy Town Clerk. 7 237