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HomeMy WebLinkAbout1993-11-03 3' November 03 , 19931 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7 : 00 P.M. with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeff Cleveland Councilman Present Larry Tvaroha Councilman Present illBonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present VISITORS : Andy LaVigne, Sharon Bowman, Pete Larson, Steve Colt , Doug Volbrecht , George Totman and Dave Herrick. The Supervisor called the meeting to order and had the clerk take the Roll Call . Proof of Notice having been furnished by the Town Clerk, the Public Hearing on the PROPOSED SPECIAL DISTRICTS FOR THE TOWN OF LANSING FOR THE YEAR 1994 was called to order at 7 : 00 P.M. All persons desiring to be heard, having been heard, Mr . Beckwith moved to terminate the Public Hearing at 7 : 05 P.M. , seconded by Mr . Butler. Carried. RESOLUTION ADOPTING SPECIAL DISTRICT BUDGET offered by Mr . Tvaroha who moved its adoption, seconded by Mr . Cleveland: RESOLVED, that the Lansing Water District No . 2 , No. 3 , No. 8 , No . 9 , No. 10 , No . 13 , No . 14 and No . 15 and the Lansing Sewer District No. 1 and No. 2 for the year 1994 , are hereby approved and adopted. Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland Vote of Town Board . . . (Aye) Larry Tvaroha , Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor RESOLUTION ADOPTING LUDLOWVILLE LIGHT DISTRICT, WARREN ROAD BUSINESS PARK LIGHT DISTRICT AND LAKE WATCH DEVELOPMENT LIGHT DISTRICT offered by Mr . Beckwith who moved its adoption, seconded by Mr . Butler: RESOLVED, that the Ludlowville Light District , Warren Road Business Park Light District and the Lake Watch Light District budget for the year 1994 is hereby approved and adopted. Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler , 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 Proof of Notice having been furnished by the Town Clerk, the Public Hearing on the PROPOSED TOWN BUDGET FOR THE YEAR 1994 was called to order at 7 : 15 P .M. 1111 All persons desiring to be heard, having been heard, Mr . Butler moved to terminate the Public Hearing at 7 : 17 P.M. , seconded by Mr . Tvaroha. Carried. RESOLUTION ADOPTING GENERAL FUND BUDGET offered by Mr . Beckwith who moved its adoption, seconded by Mr . Cleveland: 32 6 November 03 , 1993 , continued WHEREAS, this Town Board has met at the time and place specified in the notice of Public Hearing on the General Fund Preliminary Budget and heard all persons desiring to be heard thereon; now therefore be it RESOLVED, that this Town Board hereby adopts such General Fund Preliminary Budget as originally compiled as the annual budget of this Town for the fiscal year beginning on the 1st day of January , 1994, and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify in duplicate, copies of said annual budget as adopted by this Town Board, together with the estimates , if any adopted pursuant to Section 202-a , subd. 2 of the Town Law and deliver one copy thereof to the Supervisor of this Town to be presented by her to the Board of Representatives of the County . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, 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 RESOLUTION ADOPTING HIGHWAY FUND BUDGET offered by Mr . Tvaroha who moved its adoption, seconded by Mr . Butler WHEREAS, this Town Board has met at the time and place specified in the notice of Public Hearing on the Highway Fund Preliminary Budget and heard all person desiring to be heard thereon; now therefore be it RESOLVED, that this Town Board hereby adopts such Highway Fund Preliminary Budget as originally compiled, as the annual budget of this Town for the fiscal year beginning the 1st day of January 1994 , and that such budget as adopted be entered in detail in the minutes of the proceedings of this Town Board, and be it FURTHER RESOLVED, that the Town Clerk of this Town shall prepare and certify in duplicate , copies of said annual budget as adopted by this Town Board together with the estimates , if any, adopted pursuant to Section 202-a, subd. 2 , of the Town by her to the Board of Representatives of this County . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler , 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 Dick Thaler congratulated the Board for having a NO tax increase . Mr . Totman asked the Board what the new Town owned land across from the current Town Hall could be used for . Mrs . Kirby replied for recreation and government purposes only . Mr . Totman informed the Board that Jon Nedrow is going to make a proposal to the Board to run a Farm Reclamation Machinery Sales operation . Mr . Nedrow will be looking for permission to do this . Dave Herrick passed out the Engineer ' s Report for Water District No . 2 , Extension No . 2 . There will be a Public Hearing on November 17 , 1993 at 7 : 15 P.M. David will do a mailing to the Ladoga residents notifying them of the cost . Mr . Herrick passed out a map concerning the Cargill water project . Mr . Herrick discussed the different options of running the water down through Myers or down Portland Point Road. r ,+ November 03 , 1993 , continued There is approximately 2600 feet of old asbestos cement pipe on Myers Road and Old Myers Road. One of the options that Cargill had considered when they looked at alternatives for the water supply was tieing into the Town system from Lakeshore Road up to the bottom of Old Myers Road. The limitation is that the 6" line is not large enough to satisfy Cargill 's fire insurance needs . It may still be an option for Cargill to participate with the Town and with District #2 to improve the main and increase the size of it . Hydraulically its not a big difference whether they use this route or Portland Point . Dave preferred that Cargill use the Myers Road connection because it is fed directly from the Wilson Road tank . Cargill would have to use a pressure reducing station if the Portland Point Road option is used. There would be approximately $31 , 800 . 00 in buy in fees that would go back to District #2 . If District #2 were to replace the pipe from a 6" pipe with an 8" main and also replace the service connection on that main the total project cost would be $128 , 500 . If Cargill were to pay the entire cost from and 8" pipe to a 12" pipe and also if they were to pay half of the cost of the main replacement their cost would be $49, 450 . 00 . The rest of the cost comes from the combination of buy in fees and utilization of any funds in the Operations and Maintenance account . Mr . Thaler asked if the present residents in Water District #2 would not have to pay any additional amount of money to benefit the new line. Mr. Herrick stated that was correct . Mr. Thaler noted that the new line would also service Ladoga as well as Cargill and any other services along the lake. Mr. Thaler asked what this would do as far as the cost to Cargill . Mr . Herrick stated that the cost in comparison to Portland Point as relatively the same. Mr. Thaler will get an opinion from the Bond Council concerning the project . It was also stated that Mr. Herrick should look into the possibilities of interest on Wilderness Road. The Town should know the outcome of the HUD Grant concerning the Myers area by November 25 , 1993 . Proof of Notice having been furnished by the Town Clerk the PUBLIC HEARING on the SENIOR CITIZEN TAX EXEMPTION was called to order at 8 : 00 P.M. All persons desiring to be heard, having been heard, Mr. Beckwith moved to terminate the meeting at 8 : 02 P.M. , seconded by Mr . Butler. RESOLUTION, offered by Mr . Cleveland, seconded by Mr . Butler : �'j BE IT RESOLVED that the following amendment to Ordinance No . i,\ 5 for the year 1966 is hereby duly adopted by the Town Board. AMENDMENT TO TOWN OF LANSING ORDINANCE NO. 5 �� FOR THE YEAR 1966 \.e ORDINANCE NO. 37 The Ordinance of the Town of Lansing known as Ordinance No . 5 v� entitled ORDINANCE OF THE TOWN OF LANSING, PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH • LIMITED INCOME WHO ARE 65 YEARS OF AGE OR OVER, which Ordinance was U C� adopted on August 9, 1966 and thereafter amended on November 30 , , \ 1970 , March 11 , 1975 , February 14 , 1978 , June 27 , 1979 , September ' 2 9, 1980 , July 30 , 1982 , March 13 , 1984 . February 11 , 1987 , August 15 , 1990 , and January 30 , 1991 is hereby further amended. v\� SECTION 1 . The provision of the Ordinance of the Town of Lansing adopted August 09, 1966, as amended from time to time, is \, hereby further amended to read as follows : SECTION 1 . This Ordinance is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended by 32 November 03 , 1993 , continued Chapters 588 and 287 of the Laws of 1989 . SECTION 2 . Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins , owned by one or more persons , each of whom is 65 years of age or over , or real property owned by husband and wife, one of whom is 65 years of age or over , shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or combined income of the owners . A person otherwise qualifying for such exemption shall not be denied such h exem P tion if such person becomes 65 years of age after the appropriate taxable status date and before December 31 of the same year . ANNUAL INCOME OF OWNER OF PERCENTAGE ASSESSED VALUATION COMBINED ANNUAL INCOME OF OWNERS EXEMPT FROM TAXATION More than $15 , 400 but less than $16 , 000 45 percent $16,000 or more, but less than $16, 600 40 percent $16 , 600 or more , but less than $17 , 200 35 percent $17 , 200 or more, but less than $17 , 800 30 percent $17 , 800 or more, but less than $18 , 400 25 percent $18 , 400 or more, but less than $19 , 000 20 percent $19 , 000 or more, but less than $19, 600 15 percent $19 , 600 or more, but less than $20 , 200 10 percent This partial exemption provided by this Ordinance shall , however , be limited to such property and persons as meet the conditions , qualifications , exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York . This Local Law shall be administered in accordance with said sections of the Real Property Tax Law, as now adopted, and as they may be amended from time to time, and the provisions of said sections as provided in Section 467 shall be applicable to the effectuation of the exemption provided for in this Ordinance . SECTION 3 . Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Tompkins County Assessment Department and shall furnish the information and be executed in a manner required or prescribed in such forms and shall be filed in the Assessment Department Office on or before the appropriate taxable status date . SECTION 4 . Any conviction of having made a willful false statement of the application for such exemption shall be punishable by a fine of not more than $100 . 00 and shall disqualify the applicant or applicants from further exemption for a period of five (5) years . SECTION 5 . this ordinance shall , in accordance with the provisions of Section 2 of Chapter 588 of the laws of 1989, be applicable to the town tax for the year 1993 , and the provisions of said law shall govern the granting of an exemption under Section 467 , notwithstanding any contrary provisions of the section. SECTION 2 . This ordinance shall be entered in the minutes of 329 November 03 , 1993 , continued the Town Board and published in the Ithaca Journal and a copy thereof posted on a sign board maintained by the Town Clerk of the Town of Lansing pursuant to Subdivision 6 of Section 30 of the Town Law and affidavit of publication and posted filed with the Town Clerk. Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler , Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman BOND ANTICIPATION RENEWAL NOTE RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,036,500 .00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO APY THE RENEWAL OF A BOND ANTICIPATION NOTE IN THE AMOUNT OF $1,086,500 .00 USED TO PAY FOR THE ERECTION AND INSTALLATION OF TWO WATER TANK FACILITY PUBPS, WATER LINES TO SERVICE ALL OF THE WATER DISTRICTS WITHIN SAID TOWN, AND THE COST OF PURCHASE OF FOUR PIECES OF EQUIPMENT FOR THE TOWN HIGHWAY DEPARTMENT. WHEREAS, the Town of Lansing, Tompkins County, New York has issued a Bond Anticipation Note to the Tompkins County Trust Company in the amount of $1 , 086, 500 . 00 (Bond Anticipation Note 1992) ; and WHEREAS, Bond Anticipation Note 1992 becomes due on November 12 , 1993 together with interest at the rate of 3 . 3% per annum; and WHEREAS, the Town Board is desirous of renewing said Bond Anticipation Note less a principal payment on that portion attributed to the purchase of equipment for the Town Highway Department in the amount of $50 ,000 . 00 . 111 NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Lansing, Tompkins County , New York hereby authorizes the Supervisor to execute and deliver such documents as are necessary to renew Bond Anticipation Note 1992 in an amount of $1 , 036,500 . 00 with the Tompkins County Trust Company with interest thereon at the rate of 3% per annum for one year; and be it further . RESOLVED, that the Supervisor cause to be paid the interest on Bond Anticipation Note 1992 together with $50 ,000 . 00 on principal allocated to that portion of said Bond uses for the purchase of four pieces of equipment for the Town Highway Department; and be it further RESOLVED, that the Supervisor be and she hereby is authorized to execute and deliver such documents as are necessary to effectuate the purposes of this Resolution; and be it further RESOLVED, that all of the provisions in the Bond Resolution dated November 4 , 1992 in connection with the Bond Anticipation Note 1992 are designated to apply to the Bond Anticipation Renewal Note to be executed by the Supervisor and designated as Bond Anticipation Renewal Note 1993 , 1-93 . The question of the adoption of the foregoing resolution was duly made by Paul Butler and seconded by Jeffrey Cleveland and put to a vote on roll call , which resulted as follows : Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler, 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 Dave Herrick gave a report on the Town' s operation and maintenance revenue. At this point and time the total amount November 03 , 1993 , continued received through surcharges is $72 , 445 . 00 compared to $55 , 435 . 00 last year . The revenue is up about 31% . Mr . Thaler informed Mr . Herrick to contact Sharon Bowman, bookkeeper to segregate some of the money to reduce the bands and reduce the principal retirement of the debt . Dave Herrick informed the Board that the Enichen property on East Shore Drive has been sold to a Forrest Smith. Forrest Smith has contracted with Paolangeli to fix the water service. In May the Town passed the resolution not to exceed $1 , 500 . 00 for this service . Mr . Herrick has drafted a letter to Mr . Smith informing him of this . Dave will make sure that the water will no longer be trickling through the lines for freezing purposes and that this will no longer be a credit through Bolton Point . Dave Herrick discussed the Notice of Intent for Water District #17 vs Ag District #9 . He has gone through the Ag Law and has studied the pertinent sections that impact the Town in its ability to create Water District #17 . He has notified Jeannine in a letter that the cost to prepare the preliminary and final notice of intent will be $6 , 300 . 00 . This is needed in order to move forward with the establishment of Water District #17 . Mr . Herrick will send a letter to NYSEG informing them of the charge . It was the consensus of the Board to have Mr. Thaler send a letter to NYSEG and have them met with Mr . Herrick to possibly look at an alternate route to reduce some of the Ag District . Mr . Herrick passed out a letter from Joanne L . March of the New York State Department of Environmental Conservation to his office in regards to Lansing Water District No . 1 , Extensions 3 & 4 . The contents of the letter stated that Water District No . 1 in the Village of Lansing is an unpermitted district . Mr. Thaler informed the Board that a new final order needs to be done on Water District 7 Extension 6 (Town Barn Ext . ) . The Board discussed Mrs . Kim' s release on her $5 ,000 . 00 letter of credit which expired at the end of October 1993 . Mr . Thaler will contact Phil Winn, Mrs . Kim' s attorney notifying him that the Town Board anticipates that the bond is still in effect because the road has not been completed to the satisfaction of the Town pursuant to the agreement . Mr . Herrick will be copied on this letter . A copy of the minutes of September 29th, and October 6 , 1993 having been given to the Board Members beforehand, the Supervisor asked for a motion to accept as submitted or to make any corrections . RESOLUTION , offered by Mr Beckwith who moved its adoption, seconded by Mr . Butler : RESOLVED, that the minutes of September 29th and October 6 , 1993 are hereby approved as submitted. Carried . A letter has been received from the LA Group indicating that it would be $5 , 000 . 00 through scoping . Mr . Thaler has sent a letter to the Watch Tower people asking them to put the $5 ,000 . 00 in escrow and giving them the name and address of the LA Group people that they should contact . Mr . Thaler has given the LA Group David Herrick ' s name as being the Town Engineer . Mr . Thaler suggested that any work that he does be kept as a separate charge . Mrs . Kirby read the following letter from Harry Carlson, Regional Director of Transportation to Assemblymen Martin A. Luster : In response to your request on behalf of Richard Thaler, we have investigated the route 34 and route 34B intersection and route 34b and Triphammer Road intersection and determined that the November 03 , 1993 , continued installation of an all -way type of stop control at both intersections would be the most appropriate solution at this time . We will plan to install the all -way stop operations at both intersections as soon as possible. When an exact date is selected, you will be notified. Upon the implementation of the all-way stop controls , we will closely monitor this corridor to determine if any additional measures are appropriate. On motion, meeting adjourned at the call of the Supervisor . Minutes taken and executed by the Deputy Town Clerk .