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HomeMy WebLinkAbout1992-04-29 SPECIAL TOWN BOARD MEETING The Lansing Town Board met in Special Session at the Lansing Town Hall on April 29, 1992 with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Absent Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Absent Richard Thaler Town Attorney Present VISITORS: Dave Herrick, Marsha Lynch and Robert Lynch. The Supervisor called the meeting to order and took the Roll Call . Proof of Notice having been furnished, the Public Hearing on the Establishment of Lansing Water District No. 12 was called to order at 7 :00 P.M. All persons desiring to be heard, having been heard, the Public Hearing was terminated at 7 : 20 P.M. DUE TO INVALID INFORMATION ADVERTISED IN THE ITHACA JOURNAL, THE PUBLIC HEARING WAS CONSIDERED VOID. In the matter of the establishment of Lansing Water District No. 12 , Town of Lansing, County of Tompkins , State of New York, pursuant to Article 12-A of the Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of Lansing, relating to the establishment of a proposed water district in the Town, and WHEREAS, such map, plan and report dated May 22 , 1989 and revised March 25 , 1992 and further revised on April 1, 1992 have been duly filed in the Town Clerk's Office in said Town on June 7 , 1110 1989 and March 25, 1992 and April 2 , 1992 , and WHEREAS, said map, plan and report were prepared by T.G. Miller & Associates , P. C. , Engineers and Surveyors , Ithaca, New York, duly licensed by the State of New York, showing boundaries of the proposed district, a general plan of the water system and a report of the proposed method of operation, and WHEREAS, said map shows the proposed water district , water mains , fire hydrants and other related and necessary appurtenances, and WHEREAS, the boundaries of the proposed district are described in Exhibit "A" attached hereto and made a part thereof , and WHEREAS, the improvements proposed are as follows : SERVICE AREA - As shown on the map filed in the Town Clerk' s Office and described in Exhibit A the proposed water district will include approximately 223 acres of land, more or less, which encompass the Eastlake, Lakewatch and Cayuga Lake Highlands subdivisions. There are presently 92 residential lots in the subdivisions with a total , when fully complete of 107 . There are presently 29 homes within the service area and an additional vacant building lot and the property owned by the Lane Estate which will ultimately be serviced by the district . No property within the Lane Estate, comprising 39 acres, may be serviced by the district for non-agricultural use until the expiration of Agricultural District No. 9 in and for Tompkins County (January 1997) . 4111 POPULATION TO BE SERVED - The present population is 87 persons . The maximum population to be served in the proposed district is 415 . WATER SUPPLY - Treated water requirements, estimated not to exceed an average of 41 ,500 gallons per day, will be purchased from the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point Water Supply) . The Town of Lansing is one of the municipalities who own the system. The capacity of the Bolton Point supply is considered more than adequate to supply this district . 60 continued April 29, 1992 WATER SYSTEM TO BE CONSTRUCTED - As shown on the map filed with the Town Clerk, the facilities to be constructed will ultimately consist of some 19, 200 feet of 8 inch and 6 inch diameter ductile iron water mains together with valves, fire hydrants and other related and necessary appurtenances . Three main- line pressure reducing vaults will also be constructed. Individual water services for all existing homes and future lots will be installed to street right-of-ways . The existing 8 inch diameter water mains servicing the Eastlake, Lakewatch and Cayuga Lake Highlands subdivisions are being, and have been, constructed completely with private funds . No • part of the capital costs will be financed by the district for the existing water mains or any future water mains constructed within the remaining phases of the Cayuga Lake Highlands Subdivision. As each subdivision is completed, the newly constructed facilities will be transferred to the Town for ownership and maintenance. CONSTRUCTION CONDITIONS - The water mains will be constructed within existing road right of way or acquired easements . No unusual soil and/or construction conditions are anticipated to be encountered in the construction. Traffic will not be interrupted. Test borings will be taken to determine the extent and depth to rock and this information will be made available to bidders . PRELIMINARY ESTIMATE OF PROJECT COST - As shown below, the preliminary estimate of project cost , including an allowance for contingencies , engineering, technical , legal , and administrative costs is $ 835 ,000 . This estimate is based on prices received by the Town for other water projects bid during the past two years . Of this cost , $92 , 400 .00 will be borne by the district, the balance of $753,000 . 00 will be constructed by the subdivisions and recovered by the developers through the sale of subdivision lots . PRELIMINARY ESTIMATE OF PROJECT COST 650 linear feet of 8" and 6" Ductile Iron Watermain, Class 52 , including rock excavation, trenching, bedding, surface restoration and other incidentals at unit price of $46. /ft . $37 , 950 Fire hydrants , tapping valves and sleeves , main line gate valves and other related fittings at lump 1111 sum = $ 9, 900 1 Pressure Reducing Vault at lump sum = $ 27 , 000 Subtotal $ 74, 850 Allow for Contingencies , Engineering, Technical , Legal and Administrative Costs @ 27 . 5 + $ 17 , 550 Total Project Cost $ 92 , 400 And; WHEREAS, the operation will be as follows : METHOD OF OPERATION - The proposed water system extension will be connected at two locations on New York State Route 34 (East Shore Drive) to the existing Town of Lansing Water District No. 7 distribution system. Pressure will be provided by the 1 MG capacity Town water tank, approximate overflow elevation 1189 , located at Village Circle South east of Warren Road. Water is pumped to this tank by the Town pumping station located at Burdick Hill and North Triphammer Roads . The source of supply for the pumping station is the adjacent SCLIWC water tank. Due to changing topography and a wide variation in ground surface elevations , water main pressures in the existing Lansing water system at lower elevations are controlled by main line pressure reducing stations . Ground surface elevations in the proposed water district vary by approximately 400 feet and static water main pressures regulated by main line pressure reducing valves , will range between 35 and 115 p.s . i . Individual pressure • reducing valves will be required to be installed on each house service so pressures can be maintained in the 35 to 60 p. s . i . range; And WHEREAS, the method of financing will be as follows : METHOD OF FINANCING - The $92 , 400 project cost of the water district improvement is planned to be financed by the issuance of serial bonds to mature in annual installments , and said annual installments , which include repayment of principal and interest ,shall be assessed by a proposed formula as follows : 61 continued April 29, 1992 1 . Existing Dwellings Fronting on Water Mains A. Parcels 2 acres or less : Assessed one (1) unit per dwelling and one (1) unit for the dwelling lot . B. Parcels greater than 2 acres: Assessed one (1) unit for the dwelling lot . If enough frontage exists, additional one acre lots with a minimum of 150 foot frontage will be assessed one (1) unit for each lot . Any remaining unimproved rear land will be assessed one-sixth (1/6) unit per acre. 2 . Vacant Lots/Unimproved Land Fronting on Water Mains • A. General : For the purposes of assessment, vacant lots will be divided into one acre lots with a minimum of 150 foot frontage and assessed one (1) unit for each lot . Remaining unimproved rear land will be assessed one-sixth (1/6) unit per acre. 3 . Newly Built Houses and Apartments A. When additional houses and apartments or other buildings are built on a lot , they will be assessed as per the above formulae. ESTIMATED REVENUE REQUIRED - Assuming the project is financed with 30 year serial bonds at 8% interest and a minimum principal repayment at 80% of the average, the first year payment is calculated as follows : Principal Repayment $92 , 400/30 years x 80% = $ 2 , 464 . First year Interest Payment $92 , 400 x .08 = $ 7 , 392 . $ 9, 856 . ESTIMATED FIRST YEAR COST TO PROPERTY OWNERS TO FINANCE PROJECT COST - There are presently 140 . 3 assessment units served by water mains in the proposed district itemized as follows : Existing Dwelling on Lots - 28 homes x 2 = 56 units Vacant Frontage Lots - 70 lots x 1 = 70 units Unimproved Rear Acreage - 85 . 78 ac (1/6) = 14 . 3 units TOTAL = 140 . 3 units The first year cost per assessment unit to finance the project cost is : $9, 856/140 . 3 units = $70 . 25/ assessment unit A single family dwelling on a lot would be assessed 2 units and therefore the first year cost would be: $70 . 25 .unit x 2 units = $140 . 50 WHEREAS, the maintenance and operating costs are as follows : MAINTENANCE AND OPERATING COSTS - It is recommended that all costs for maintenance and operating be financed by charging users based- on metered water consumption and collected as a part of metered water billings . These costs, together with the cost of purchasing water from the Bolton Point supply are estimated at approximately $150 - $180 per household per year. ONE TIME CONNECTION CHARGES - -For each household: Bolton Point Water Supply connection fee, water meter, pressure reducer, etc . $ 475 . Water service line from curb box at street line to house (estimated average) $ 1000 . $ 1475 . *Note: The cost of any interior plumbing changes which may be required will vary for each house and are not included here; And, WHEREAS, the capital costs will have to be financed by bonding and the issuance of serial bonds and/or be paid by annual debts service assessments by those properties included in the district for the facilities . NOW, on motion of Herbert Beckwith, seconded by Jeffrey Cleveland, it is hereby ORDERED, that the Town Board of the Town of Lansing hold a public hearing at the Lansing Town Hall in said Town on May 20 , 1992 at 7 : 30 P.M. on that date to consider said map, plan and report and to hear all persons interested in the subject thereof concerning the same and to take such action thereof as is required or authorized by law. The adoption of the foregoing order was duly put to a vote and upon call the vote was as follows : Jeannine Kirby, -Supervisor - voting Aye Jeffrey Cleveland, Councilman - voting Aye Herbert Beckwith, Councilman - voting Aye 62 continued April 29 , 1992 Larry Tvaroha, Councilman - voting Aye The order was thereupon duly adopted. Copy of said resolution along with the legal description is filed in the office of the Town Clerk. ORDER OF TOWN BOARD SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON THE PURCHASE FROM NEW YORK STATE OF PROPERTY LOCATED IN THE TOWN OF LANSING 1111 ON THE NORTH SIDE OF NEW YORK STATE ROUTE 34 In the matter of the purchase of property from the State of New York Office of General Services as more fully described in Exhibit A attached hereto, pursuant to Section 64, Subdivision 2 of the Town Law. WHEREAS, the State of New York has offered to sell to the Town a parcel of land located on the north side of New York State Route 34, being a part of the premises formerly of the South Lansing Training School for Girls and subsequently abandoned by the Division for Youth as being surplus and consisting of 146 acres of land, more or less , having frontage on Conlon Road and New York State Route 34; and WHEREAS, a survey of the property to be purchased is on file with the Town Clerk; and WHEREAS, the purchase price is calculated at Seven Hundred Fifty Dollars ($750 . 00) per acre for a total of One Hundred Nine Thousand Five Hundred Dollars ($109, 500 . 00) ; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to acquire said property for the future use as recreational and government development; and WHEREAS, the acquisition costs will have to be financed by bonding and the issuance of serial bonds and/or paid from budgeted amounts from general revenues . NOW THEREFORE, on motion of Herbert Beckwith, seconded by Jeffrey Cleveland, it is hereby ORDERED, that the Town Board of the Town of Lansing hold a Public Hearing at the Lansing Town Hall in said Town on May 20 , 1992 at 7 :00 p .m. on that date to consider the purchase of said property and to hear all persons interest in said acquisition and to take such action thereafter and thereof as is required or authorized by law. The adoption of the foregoing Order was duly put to a vote and upon call the vote was as follows : Jeannine Kirby, Supervisor - voting Aye Herbert Beckwith, Councilman - voting Aye Jeffrey Cleveland, Councilman - voting Aye Larry Tvaroha, Councilman - voting Aye Copy of above resolution along with its legal description is on file in the office of the Town Clerk. Proof of Notice having been furnished, the Public Hearing on the establishment of Lansing Water District No . 7 , extension No. 9 was called to order at 7 : 30 p.m. Visitors attending said Public Hearing were as follows : Lou Marca, Harry Bortz , Tami Baida, Joanne Haviland, Richard Haviland, Lorraine Abraham, Abe Abraham, Barbara Abraham, Ron Bowman, Don Williams , Walt Sweazey, Sarah McKane, Toby Nalley, Julie Boles , Bob Caliel , Mr. Hardy, Norman Stanton, T. J. Barresi , Ann & Dennis Richards , Russell Nalley, Ethel & Aubrey Cratsly, Kim Jacobs , Frank Liguori , Dave Herrick, and one or two other Lansing residents . Town Engineer, Dave Herrick and his assistants Kim Jacobs and Frank Liguori gave their presentation of the proposed district . After a question and answer period a vote was taken among the residents that were present . The out come of the vote was 20 in 63 continued April 29, 1992 favor of the proposed district and 1 against it . All persons desiring to be heard, having been heard, the Public Hearing was closed at 8 : 40 p.m. In the matter of the establishment of Lansing Water District No. 7 , Extension 9, Town of Lansing, County of Tompkins , State of New York, pursuant to Article 12-A of the Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Lansing, relating to the establishment of a proposed water district in the Town; and WHEREAS, such map, plan and report have been duly filed in the Town Clerk's Office in said Town; and WHEREAS, said map, plan and report was prepared by T.G. Miller & Associates , P. C. , Engineers and Surveyors , Ithaca, New York, who are duly licensed by the State of New York, which showed the boundaries of the proposed district , a general plan of the water system and a report of the proposed improvements, the estimated expense of these improvements, the proposed method of financing, which map, plan and report are on file in the Town Clerk's Office for public inspection, and all other matters required by law to be stated; and WHEREAS, the map shows the proposed water district , water mains , fire hydrants and other related and necessary appurtenances; and WHEREAS, an Order was passed on April 10 , 1992 , designating April 29, 1992 , at 7 : 30 p.m. at the Town Hall in Lansing, New York, to consider the plan, map and report and to hear all persons interested in this matter and to take action as required by law; and WHEREAS, the said Order was published and posted as required by law; and WHEREAS, The Town Board has reviewed the State Environmental 11/0 Quality Review ( "SEQR") and by Resolution determined that the establishment of the water district will not result in any significant environmental impact ; and WHEREAS, a public hearing on the matter was held by the Town Board on April 29 , 1992 at the Lansing Town Hall as aforesaid, at 7 : 30 p.m. and the matter was fully discussed and all interested parties and persons were heard. Upon the evidence given at the hearing and upon a motion duly made by Councilman Jeffrey Cleveland, seconded by Councilman Herbert Beckwith, the following resolution was unanimously adopted. It is hereby determined that : (a) The notice of hearing was published and posted as required by law, and it is otherwise sufficient . (b) All the property and property owners within the proposed district are benefitted thereby. (c) All the property and property owners benefitted are included within the limits of the proposed district . (d) The establishment of this district is in the public interest . IT IS RESOLVED that the district as set forth in the map, plan and report be approved, that the requested improvement be constructed and that the necessary easements and lands be acquired upon the required funds being made available and provided for. IT IS FURTHER RESOLVED that this district shall be known as the Water District 7 , Extension 9 in the Town of Lansing and shall be bounded and described as follows : see Exhibit A on file in the Town Clerk' s Office. IT IS FURTHER RESOLVED that no costs or expenses shall be incurred for the proposed improvement until and unless a grant shall be received from an appropriate Federal or State agency or agencies in an amount sufficient to pay for all such costs and expenses to a maximum of Four Hundred Thousand Dollars . IT IS FURTHER RESOLVED that this resolution is subject to permissive referendum as provided in Town Law, Section 209-E in the manner provided in Article 7 of the Town Law. 64 continued April 29, 1992 IT IS FURTHER RESOLVED that establishment of Water District 7 , Extension 9 is subJect to approval by the New York State Department of Audit and Control . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor At a special meeting of the Town Board of the Town of Lansing held on April 29 , 1992 at the Town Hall in Lansing, New York, the 410 following resolution was made by Herbert Beckwith and seconded by Larry Tvaroha and unanimously passed. WHEREAS, it has been determined that the establishment of the Proposed Water District is an unlisted action under the State Environmental Quality Review Process ; and WHEREAS, a Short Form Environmental Assessment has been completed and reviewed by the Board. NOW THEREFORE BE IT RESOLVED, that the Town Board does hereby declare itself to be the Lead Agency for the purpose of coordinated review of the action; and be it further RESOLVED, that it is hereby determined that the action to extend the existing water district will not result in any significant adverse environmental impacts; and be it further RESOLVED, that a copy of the Negative Declaration be forwarded to all involved agencies including: - the State Comptrollers Office - the State Department of Environmental Conservation (Syracuse) - the State Department of Health, via County Health Dept . - the State Department of Transportation (Syracuse) - the United States Department of Housing and Urban Development (Buffalo) - the Town of Lansing Highway Department Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor At a special meeting of the Town Board of the Town of Lansing held on April 29, 1992 at the Town Hall in Lansing, New York, the following resolution was duly made by Larry Tvaroha and seconded by Jeffrey Cleveland and unanimously passed. BE IT RESOLVED, that Supervisor Kirby be and hereby is authorized and directed to execute the Grant Application for Small Cities Community Development Block Grant - 1992 for improvements for water supply in low to moderate income neighborhoods , in particular, extension to the North Myers Road neighborhood (Water District 7 , Extension No . 9) on behalf of the Town of Lansing; and be it further RESOLVED, that the Supervisor is authorized and directed to execute any and all other documents and certifications that may be required in the processing of this Grant Application; and be it further RESOLVED, that it is the intent of the Town of Lansing that grant funds received will be used by the Town for the proposed project to maximize benefits to low and moderate income households and persons ; and be it further RESOLVED, that the project construction will be primarily along existing highways with no dislocation of families , businesses , or any establishment except in case of emergency in which the town is prepared to provide shelter for dislocated parties for the period of time the need exists ; and be it further RESOLVED, that the Town Board will continue to pursue the policies of the Community Development Plan (copy of file in the Town Clerk' s Office) as a guide and basis for this application; and 65 continued April 29, 1992 be it further RESOLVED, that the Town Board will take the role of "Lead Agency" in determining whether an Environmental Impact Statement is required in connection with the project , and based on the information and analysis contained in an Environmental Assessment prepared in accordance with HUD - 399 - CPR requirements and in a SEQR Short Environmental Assessment Form, it is determined that the proposed project WILL NOT result in any significant adverse Environmental Impact and therefore not require an Environmental III Impact Statement . A vote being taken by roll call resulting in the following: Jeannine Kirby, Supervisor, voting Aye Herbert Beckwith, Councilman, voting Aye Jeffrey Cleveland, Councilman, voting Aye Larry Tvaroha, Councilman, voting Aye RESOLUTION offered by Mr. Cleveland and seconded by Mr . Beckwith: RESOLVED, that the special meeting be recessed while the Board goes into Executive Session at 8 : 50 p.m. Carried. RESOLUTION offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Executive Session be terminated at 9 : 30 p.m. and the special meeting be reconvened. Carried. After a lengthy discussion, the following resolution was made. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the Supervisor is hereby authorized and 1111 directed to pay the bill from L.R. S. Excavating in the amount of $ 3 ,080 .00 . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Nay) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor Mrs . Kirby will look into a Town wide lighting district and get back to the Board with her findings . On motion, meeting adjourned at the call of the Supervisor at 10 : 15 p.m. Minutes taken by the Supervisor and executed by the Town Clerk. \,. )ri( ), j 4110