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HomeMy WebLinkAbout2018-07-11 work session November 7, 2018 1 TOWN BOARD WORK SESSION MEETING LANSING TOWN HALL BOARD ROOM 29 AUBURN RD., LANSING, NY November 7, 2018 PLEASE NOTE: The primary purpose of the Town Board Work Session is to be informational/educational for the benefit of the Board Members. Public comment will be taken at the regular meetings when the items are scheduled on the agenda. The meeting was called to order at 6:30 p.m. by Supervisor, Edward LaVigne, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be Present: Andra Benson, Councilperson Katrina Binkewicz, Councilperson (Arrived 6:31) Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor Absent: No one absent Also Present: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway Superintendent, Charmagne Rumgay, Bookkeeper, Michael Long, Town Planning Consultant, Dan Veaner, Lansing Star, Andrew Sullivan, The Ithaca Times, Ted Laux, Patrick Jordan and Conrad Whyte, Insero &Co. CPAs LLP, Jay Franklin, Tompkins County Director of Assessment, Melanie Malone, Lisa Ruzicka, Tim Farrell, John Burger, Steven Smith, Aidan Knapp, Abby Craig, Gay Nicholson, Ruth Hopkins, Jason Littlefair, Erik Goehler, Cheyenne J-L, Ben Caveney, Doug Caveney, Suzanne Hinderliter, and a few other attendees. LAND SALE Supervisor, Edward LaVigne, reported the land across the road closed and the Town of Lansing received $337,500. He stated, next week Milton Meadows will start building. Supervisor, Edward LaVigne, thanked Town Counsel, Guy Krogh, Town Planning Consultant, Michael Long, and Zoning / Code / Fire Enforcement Officer, Lynn Day for their work on this. MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED 2019 ASSESSMENT ROLLS FOR TOWN WATER, LIGHTING, DRAINAGE, AND SEWER DISTRICTS Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON PROPOSED 2019 ASSESSMENT ROLLS FOR TOWN WATER, LIGHTING, DRAINAGE, AND SEWER DISTRICTS at 6:31 pm. Councilperson Katrina Binkewicz, seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Andra Benson, moved to CLOSE THE PUBLIC HEARING ON PROPOSED 2019 ASSESSMENT ROLLS FOR TOWN WATER, LIGHTING, DRAINAGE, AND SEWER DISTRICTS at 6:32 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED 2019 TOWN OF LANSING ASSESSMENT ROLLS AND PRELIMINARY BUDGET Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING ON PROPOSED 2019 TOWN OF LANSING ASSESSMENT ROLLS AND PRELIMINARY BUDGET at 6:33 pm. Councilperson Katrina Binkewicz, seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. November 7, 2018 2 MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Doug Dake, moved to CLOSE THE PUBLIC HEARING ON PROPOSED 2019 TOWN OF LANSING ASSESSMENT ROLLS AND PRELIMINARY BUDGET at 6:34 pm. Councilperson Joseph Wetmore, seconded the motion. All in Favor – 5 Opposed – 0 RESOLUTION APPROVING THE SPECIAL DISTRICTS BUDGET AND TOWN BUDGET FOR THE FISCAL YEAR 2019 Councilperson, Joseph Wetmore, stated he did not have time to review the hard copy of the budget and would like this postponed to the November 14, 2018 meeting. Supervisor, Edward LaVigne, noted the budget needs to be passed by November 8, 2018. The Preliminary Budget for Fiscal Year 2019 for Town of Lansing was available as a handout. Summary of Fiscal Budget by Fund for 2019 Councilperson Doug Dake, reviewed the following: Unexpended Appropriations Est Revenue Fund Balance Amt Raised by Tax General Fund Townwide 2,060,426.00 868,744.21 90,000.00 1,101,681.79 General Fund Outside Village 327,404.00 327,404.00 0.00 0.00 Highway Fund Townwide 1,238,718.00 241,222.17 0.00 997,495.83 Highway Fund Outside Village 1,552,315.00 1,452,315.00 100,000.00 0.00 TOTAL TOWN 5,178,863.00 2,889,685.38 190,000.00 2,099,177.62 Councilperson Andra Benson, reviewed the following: Unexpended Appropriations Est Revenue Fund Balance Amt Raised by Tax SDD1–Drainage District #1 3,010.00 10.00 0.00 3,000.00 SDD2–Drainage District #2 1,345.00 5.00 0.00 1,340.00 SDD4–Drainage District #4 2,760.00 10.00 0.00 2,750.00 SDD5–Drainage District #5 1,340.00 0.00 0.00 1,340.00 SDD6–Drainage District #6 3,740.00 0.00 0.00 3,740.00 SDD7–Drainage District #7 3,345.00 0.00 0.00 3,345.00 SDD8–Drainage District #8 7,602.00 0.00 0.00 7,602.00 SL1 – Ludlowville Lighting District 2,000.00 0.00 0.00 2,000.00 SL2 – Warren Road Lighting District 6,500.00 0.00 0.00 6,500.00 SL3 – Lakewatch Lighting District 9,000.00 0.00 0.00 9,000.00 SS1 – Warren Rd Sewer District 129,592.25 83,350.00 20,850.00 25,392.25 SS3 – Cherry Rd Sewer District 29,018.75 25,200.00 3,500.00 318.75 SW – Lansing Water District 1,308,811.67 770,300.00 0.00 538,511.67 TOTAL SPECIAL DISTRICTS 1,508,064.67 878,875.00 24,350.00 604,839.67 RESOLUTION 18-142 RESOLUTION APPROVING THE SPECIAL DISTRICTS BUDGET AND TOWN BUDGET FOR THE FISCAL YEAR 2019 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board duly held Public Hearings on November 7, 2018 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York and all persons thereat were duly heard; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposed Special Districts Budget and the proposed Town Budget are hereby adopted as the Town of Lansing Final Budget for the Fiscal Year 2019. November 7, 2018 3 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Nay Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on November 7, 2018. JAY FRANKLIN, TOMPKINS COUNTY DIRECTOR OF ASSESSMENT REAL PROPERTY TAX LAW SECTION 487 - SOLAR/WIND EXEMPTION OPT OUT Jay Franklin reported the following: New York State Real Property Tax Law controls town exemptions; most exemptions the town has to opt-in. Section 487, the town has to opt-out and specifies that the exemption only applies to value added by a solar array, wind turbines, farm waste energy systems, etc. The law treats small home solar panels the same as huge industrial solar arrays. The Town of Lansing previously chose to opt- out. It is safer being out of the exemption today, giving protection for industrial solar. If an industrial entity did come in, probably a pilot would be part of the discussion. Jay has not seen solar panels on a house adding to the value of it. The solar panels might be outdated, so the new owner may replace them and take advantage of the income tax credits. The Town of Lansing previously opted-out and may have already filed for the opt-out exemption through New York State Energy Research and Development (NYSERDA), but to be safe and maintain the exemption the Town may want to file again. Town Clerk note: The Town of Lansing’s previous opt-out was Local Law 13-4. Town Clerk, Debbie Munson, mailed Local Law 13-4 to NYSERDA and to New York State Department of Taxation and Finance on November 9, 2018. PATRICK JORDAN AND CONRAD WHYTE, INSERO & CO. CPAs, LLP Patrick Jordan and Conrad Whyte reported the following: Previously, Patrick handed out drafts of the audit. A few typographical errors were corrected and he again handed out “Town of Lansing, Overview of 2017 Audit” and “Town of Lansing Statement of Net Position December 31, 2017”. There are no “red flags” with this Audit. The following topics were discussed for clarification: Lansing Housing Authority is listed as a component unit; they are independent, but affiliated with the Town of Lansing. Fire District is not a component of the Town of Lansing and the Town has no oversight over them. The Town of Lansing must have a fire chief, so the Town appoints one. The purpose is to coordinate with the Town in the event of a disaster / emergency. A portion of the first payroll of 2018 goes back to 2017. Other postemployment benefits liability is $2,243,535, but the net impact on Governmental Accounting Standards Board (GASB) 75 is $2,185,743. This comes from an actuary report. Patrick Jordan will print the final audit reports; ready for approval at the next Town Board Meeting November 14, 2018. Supervisor, Edward LaVigne, and Town Counsel, Guy Krogh stated the Town has been in communication with Moody’s Investors Service and the Town should mail a copy to Municipal Solutions. November 7, 2018 4 RESOLUTION PROVISIONALLY HIRING JESSICA HALL, PART-TIME INFORMATION AIDE, IN THE TOWN CLERK’S OFFICE RESOLUTION 18-143 RESOLUTION PROVISIONALLY HIRING JESSICA HALL, PART-TIME INFORMATION AIDE, IN THE TOWN CLERK’S OFFICE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Clerk’s Office currently has a Part-Time Information Aide position available; and WHEREAS, an acceptable and qualified candidate was located, and is therefore proposed to be hired to fulfill such job requirement; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Jessica Hall be and hereby is provisionally approved to be employed as a Town of Lansing Grade 4, Step 1 Employee, as a Part-Time Information Aide, in the Town Clerk’s Office, with such employment to commence November 8, 2018 at the rate of $16.19 per hour on an as needed basis. RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Doug Dake - Aye Councilperson Joseph Wetmore - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on November 7, 2018. PRIVILEGE OF THE FLOOR Lansing Rod and Gun: Five (5) people spoke about Lansing Rod and Gun and stated the following:  In 2017 Gun Club submitted plan to Planning Board and Planning Board felt it was incomplete  June 2018 the Gun Club Attorney felt there was no problem with what the Gun Club was proposing o Gun Club withdrew their application  October 3, 2018 at Town Board Meeting, they were told: o No permit application was pending o Rod and Gun had submitted storm water plan with Town Engineer o There was a process and they needed to be patient  October 17, 2018 at Town Board Meeting, they were told: o A permit request was submitted September 28, 2018 o The Town had issued a building permit  Feel they were misled  This is lacking transparency  Interested in solution that works for all  Thought they had the support of the Board, especially when it involves public health  Lansing Rod and Gun should switch to steel shot November 7, 2018 5  Need to restore public’s trust to safeguard community health  Town Board needs to investigate issuance of building permit  Town has permitted Rod and Gun to do whatever they want  Told Board could not be bias, but the Board has conspired with the Gun Club Supervisor, Edward LaVigne, stated written comments may also be submitted later. Two documents were read and handed to Town Clerk, Debbie Munson. The documents are available in the Town Clerk’s Office for anyone to review. OUTSIDE USER AGREEMENTS Town Counsel, Guy Krogh reported the following regarding 132 Hillcrest Road:  Outside User Agreements are only good for one (1) year  Their Outside User Agreement has expired  They were in the process of lining up someone to drill directionally under the road  Already on the list to be approved for the extension of the CWD, but their Outside User Agreement expired  Water and Sewer Advisory Board recommends to extend their Outside User Agreement for another year  No easements are needed  Permit fee already paid Supervisor, Edward LaVigne, stated the normal procedure is to bring nine (9) or ten (10) outside users in to the CWD at one time. MOTION TO EXTEND THE EXPIRY DATE ON THE OUTSIDE USER AGREEMENT FOR 132 HILLCREST ROAD, FOR ANOTHER YEAR Councilperson Katrina Binkewicz, moved TO EXTEND THE EXPIRY DATE ON THE EXISTING OUTSIDE USER AGREEMENT FOR 132 HILLCREST ROAD, FOR ANOTHER YEAR. Councilperson Joseph Wetmore, seconded the motion. All in Favor - 5 Opposed - 0 LANSING ROD AND GUN Supervisor, Edward LaVigne, noted the Board was previously advised there is potential litigation and the Town could be put in jeopardy by discussing this openly. Town Counsel, Guy Krogh, stated there is a possible pending appeal for the Zoning Board of Appeals. Councilperson, Katrina Binkewicz, acknowledged that people feel misused, the Board is hearing you and getting more information. She stated, the Town is still proceeding with lead testing at Salmon Creek swimming hole, the edge of the swimming hole, and the edge of the lake where sediment piles up. Councilperson, Katrina Binkewicz, will find out the cost of testing. Supervisor, Edward LaVigne, will get contact information also. The following items were discussed: 1. What is the process of getting samples to test – how and where? 2. Town of Lansing should be responsible for testing public places. 3. Department of Environmental Conservation recommends people test their own wells including other bacteria as well. November 7, 2018 6 MOTION TO ENTER EXECUTIVE SESSION Councilperson Andra Benson, moved to ENTER EXECUTIVE SESSION TO DISCUSS POTENTIAL LITIGATION AND THE PERFORMANCE OF A SPECIFIC EMPLOYEE AT 7:59 PM. Councilperson Joseph Wetmore, seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Joseph Wetmore, moved to EXIT EXECUTIVE SESSION AT 8:45 PM. Supervisor Edward LaVigne, seconded the motion. All in Favor - 5 Opposed - 0 HONORARIUMS DISCUSSION 1. Considering a Kyle Dake Proclamation/Billboard. 2. Honoring retiring Judge Banfield with a Plaque at Holiday brunch. 3. Gus Isaacs is being honored in Auburn at Veterans Hall at 10:00 am on November 30, 2018 and, given his extraordinary service to the country, an honorarium and naming the new Town Center Road after him is likely. The suggested name was “Isaac’s Way.” ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:55 p.m. Minutes taken and executed by the Town Clerk. Honorariums Discussion minutes were taken by Town Counsel, Guy Krogh and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk