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HomeMy WebLinkAbout2016-01-04 January 04, 2016 1 2016 ORGANIZATIONAL MEETING January 4, 2016 An Organizational Meeting of the Town Board of Lansing was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:03 p.m. The meeting was called to order by the Supervisor Edward LaVigne, and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Edward LaVigne, Supervisor Andra Benson, Councilperson (6:08 p.m.) Katrina Binkewicz, Councilperson Robert Cree, Councilperson Doug Dake, Councilperson ABSENT: None VISITORS: Town Counsel, Guy Krogh, Lyle & Kathleen Wadell, Connie Wilcox, Highway Superintendent, Charlie “Cricket” Purcell, Lansing Star, Dan Veaner, Ted Laux and a few other attendees. RESOLUTION AUTHORIZING TERMS AND EXECUTION OF CONSULTING AGREEMENT AND THE HIRING OF CHARMAGNE RUMGAY AS AN INDEPENDENT CONSULTANT-BOOKKEEPER-IN-TRAINING FOR THE TOWN SUPERVISOR’S OFFICE: RESOLUTION 16-01 RESOLUTION AUTHORIZING TERMS AND EXECUTION OF CONSULTING AGREEMENT AND THE HIRING OF CHARMAGNE RUMGAY AS AN INDEPENDENT CONSULTANT-BOOKKEEPER-IN-TRAINING FOR THE TOWN SUPERVISOR’S OFFICE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the newly elected Town Supervisor has identified and wishes to hire a bookkeeper as an exempt civil service class employee, with the date of first hire as a town employee to be February 1, 2016; and WHEREAS, the bookkeeper position is currently held by Sharon Bowman, who desires to stay in position until her 30 years of civil service are duly credited within the NYS retirement system, which 30 years shall be met in mid - to late January, 2016; and WHEREAS, though already qualified for the position by County Personnel, the proposed new employee, Charmagne Rumgay, still has need for flexibility in working hours during this transition period, and she still has need to obtain suitable training and experience; and WHEREAS, upon due deliberation of the foregoing and needs and best interests of the Town, the Town Board of the Town of Lansing has hereby determined, and thus be it so RESOLVED, that Charmagne Rumgay is authorized to be hired as an independent contract consultant in training, to be hired on an hourly basis on the following terms until the date of future appointment in civil service, which is expected to be made effective February 1, 2016: 1. Pay will be set at $25 per hour, up to a maximum of 36.5 hours per week. 2. Her work schedule shall be submitted weekly to and approved by the Supervisor, and the Supervisor shall confirm and verify all time worked. 3. A short-form independent contractor/consulting agreement shall be generated to clarify that this is a contract position and not a civil service position, that it is “at will” employment, and that no benefits accrue except as specifically set forth in such contract. 4. The final form of the agreement must be approved by Town Counsel. January 04, 2016 2 5. Once so approved by counsel, and upon compliance with the above parameters, the Town Supervisor be and is hereby authorized to sign such agreement by, for, on behalf of, and in the name of the Town of Lansing. The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 4, 2016. 2016 TOWN BOARD ORGANIZATIONAL RESOLUTIONS: The following Resolutions were duly presented for consideration by the Town Board: RESOLUTION 16-02 RESOLVED, that the Supervisor is authorized and directed to have all Town financial records and Justice Court records and dockets audited in accord with law; and it is further RESOLVED, that the Supervisor make a report thereof to the Town Board, file his findings and reports with the Town Clerk, and file an official certified report in accord with law, all as referenced or required by or under General Municipal Law § 30 and Town Law §§ 29 and 123; and it is further RESOLVED, that the Supervisor be authorized and permitted, in lieu of preparing his financial report under Town Law Section 29 (10), to submit to the Town Clerk, by March 1, 2016 a copy of the report to the State Comptroller required by Section 30 of the General Municipal Law. RESOLUTION 16-03 RESOLVED, that the bonds of Public Officials be approved as to the amounts and company: to wit, Peerless Insurance Company and $20,000.00 for employees, $20,000.00 for Deputy Superintendent, $850,000.00 for the Lansing Receiver of Taxes. RESOLUTON 16-04 RESOLVED, that Harris Beach LLP be approved as Bond Counsel for the Town, and that they be consulted on an as needed basis. RESOLUTION 16-05 RESOLVED, that the Tompkins Trust Company, HSBC, Fleet Bank, M&T Bank, Troy Commercial Bank, JPMorgan Chase Bank, and Tioga State Bank be designated as the depositories for the Town of Lansing. RESOLUTION 16-06 RESOLVED, that the Supervisor, and Councilperson Robert Cree, are authorized to sign checks drawn on all accounts except the Justice Accounts, Town Clerk’s, and the Lansing Receiver of Taxes and that the Town Clerk, be authorized to sign checks on the Town Clerk’s checking account and the Lansing Receiver of Taxes checking account and the Supervisor be authorized to sign checks on the Lansing Sewer District account and that Town Justices, be authorized to sign checks on the Town Justice accounts at the Tompkins Trust Company; and it is further. January 04, 2016 3 RESOLVED, that the Supervisor, Co-Budget Officer, Bookkeeper, and Information Aide be authorized to make transfers on all Town accounts and wire transfers that are necessary throughout the year except the Lansing Receiver of Taxes checking account, the Town Clerk’s checking account and the Town Justice accounts at the Tompkins Trust Company; and it is further. RESOLVED, that the Supervisor, Co-Budget Officer, Bookkeeper, and Information Aide, are hereby authorized to use the services provided by the Tompkins Trust Company entitled “Anytime Access and Internet Banking” on all Town accounts except the Town Clerk’s checking account, Lansing Receiver of Taxes checking account and Town Justice accounts; and it is further RESOLVED, that the Town Clerk and Deputy Town Clerk are authorized to make inquiries on the Lansing Water and Sewer District accounts and the Court Clerks are authorized to make inquiries on the Town Justice accounts. RESOLUTION 16-07 RESOLVED, that the Robert’s Rules of Order (for deliberative assemblies, 11th Edition) are followed, however: (i) requested, voting be in alphabetical order with the Supervisor voting last; and (ii) the technical formalities of the parliamentary process may be dispensed of unless formal request is made for formal procedure by a majority of the Town Board. RESOLUTION 16-08 RESOLVED, that the Town of Lansing Board will hold the Regular Town Board Meeting on the third Wednesday of each month at 6:00 PM. Work Session meetings as needed will follow the Regular Town Board meeting. Meetings will be held at the Town Hall Board Room, 29 Auburn Road, Lansing, New York, with additional Special Meetings to be held as needed. RESOLUTION 16-09 RESOLVED, that the Town Officers, Authorized Personnel, and Highway Superintendent are hereby allowed the allowable rate by the IRS for the use of their private personal automobiles in the performance of their official duties. RESOLUTION 16-10 RESOLVED, that the Highway Superintendent be authorized to purchase equipment, tools and implements not to exceed the amount of $2,500.00 without prior notice or approval. RESOLUTION 16-11 RESOLVED, that the vouchers for claims for General Fund and Highway Fund be presented and audited in accordance with the Town Law Article 8, and any related provisions, rules or regulations of the State Comptroller, said presentation and audit to take place by the Town Board at the beginning of each Regular Town Board meeting. BE IT FURTHER RESOLVED, that in accord with the certification and other requirements of Town Law §118, the Supervisor be and hereby is authorized to make payment upon utility bills, postage, freight and expense charges, prior to the audit of vouchers conducted pursuant to Town Law §118 (2) RESOLUTION 16-12 RESOLVED, that Supervisor, Edward LaVigne be named Budget Officer and that Bookkeeper, Sharon Bowman be named Co-Budget Officer for the year 2016 to serve at the pleasure of the Town Board. January 04, 2016 4 RESOLUTION 16-13 RESOLVED, that Debbie S. Crandall be named Lansing Receiver of Taxes and that Debbie Munson be named Deputy Lansing Receiver of Taxes effective January 1, 2016 – December 31st 2016. (Town Law §24) RESOLUTION 16-14 RESOLVED, that the annual salaries for Town Officers as compiled in the General Town Budget for 2016 be as follows: Supervisor Edward LaVigne $30,306.00 Deputy Supervisor REMOVED $ 3,447.00 $0.00 Councilperson Andra Benson $ 9,741.00 Councilperson Katrina Binkewicz $ 9,741.00 Councilperson Robert Cree $ 9,741.00 Councilperson Doug Dake $ 9,741.00 Highway Superintendent Charlie Purcell $72,162.00 Town Justice John Howell $18,014.00 Town Justice W. David Banfield $18.014.00 Town Clerk Debbie S. Crandall $42,921.00 and it is further RESOLVED, that the Supervisor be authorized to pay the above salaries. RESOLUTION 16-15 RESOLVED, that the Town Board hereby establishes the following standard hours per month, as required for determination of retirement benefits for Town Officials: Court Clerk, Senior Court Clerk, 7.3 hrs/day 36.5 hrs/week Cleaner, Secretary to Highway Superintendent, Recreation Supervisor, Code Enforcement, Planning & Zoning Clerk, Deputy Town Clerk, Information Aide Bookkeeper, Town Clerk, Director Parks & Recreation 8 hrs/day 40 hrs/week Zoning, Code, Fire Enforcement Officer, Highway Superintendent, Motor Equipment Operator, Mechanic Town Justice *based on a 6 hr/day 33 hrs/month Councilperson *based on a 6 hr/day 41.04 hrs/month Supervisor *based on a 6/hr day 80 hrs/month * Part-Time & Seasonal Employees are based on a 6 hour work day as established by the Town Board Resolution dated August 1, 1990. RESOLUTION 16-16 RESOLVED, that the Supervisor may direct the investment of general funds, special district funds, and highway money not obligated or required for immediate expenditure or distribution, in United States Treasury Bills, savings accounts, time deposit or time certificates of deposit through the Town’s official depository banks, with said deposits or investments to be payable or redeemable at the option of the Supervisor within such times as the proceeds may be needed to meet expenditures for which the monies were provided, all pursuant to the provisions of the Investment Policy of the Town. RESOLUTION 16-17 RESOLVED, that the Town Clerk and Deputy Town Clerk are authorized to issue Handicapped Parking Permits. January 04, 2016 5 RESOLUTION 16-18 RESOLVED, that the Ithaca Journal be designated as the official newspaper for the Town of Lansing. RESOLUTION 16-19 RESOLVED, that Supervisor, Edward LaVigne be appointed voting member for the Greater Tompkins County Municipal Health Insurance Consortium’s Board of Directors, and Bookkeeper/Co-Budget Officer, Sharon Bowman appointed as the alternate, while Councilperson Robert Cree shall serve as delegate to Joint Benefits Committee for the year 2016. RESOLUTION 16-20 RESOLVED, that the Attorney for the Town is Guy K. Krogh, and that he, and his firm, Thaler and Thaler be consulted on an as needed basis. RESOLUTION 16-21 RESOLVED, that the Town Board of the Town of Lansing does hereby appoint Ciaschi, Dietershagen, Little, Mickelson & Company LLP as the Town Accountant(s) for the year 2016, with the Town to obtain services on an as needed and upon request basis. RESOLUTION 16-22 RESOLVED, that the Town Engineer for the Town of Lansing be David A Herrick, P.E., of T.G. Miller, PC, and he and his firm be consulted on an as needed basis. RESOLUTION 16-23 RESOLVED, that Supervisor, Edward LaVigne be the officer and member of the Association of Towns of the State of New York and that Councilperson Robert Cree, to be the alternate. RESOLUTION 16-24 AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING OF HIGHWAY SERVICES WITH TOMPKINS COUNTY WHEREAS, the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work (services) to political subdivisions, and WHEREAS, General Municipal Law Section 119 provides that municipalities may enter into cooperative purchasing agreements to jointly bid needed services, and WHEREAS, General Municipal Law Article 5-G, Section 119 states that “any agreement entered into hereunder shall be approved by each participating Municipal Corporation or district by a majority vote of its governing body” NOW THEREFORE, BE IT RESOLVED, that the Town of Lansing is hereby authorized to participate in the County bid for purchasing highway materials and services as required for the operation of the Town Highway Department. BE IT FURTHER RESOLVED, that the Town reserves the right to participate in the State bid if the State bid is lower. RESOLUTION 16-25 RESOLVED, that the following year 2016 – Agreement to Spend Highway Funds be approved. January 04, 2016 6 RESOLUTION 16-26 RESOLVED, that the Town Clerk’s Office be the official depositories for all Town Accounts except the Town Justice Accounts. RESOLUTION 16-27 RESOLVED, that the Town Clerk/Receiver of Taxes is appointed the keeper and auditor of the three (3) Petty Cash Funds in the Town Clerk Office, one (1) for Water and Sewer, one (1) for Town Clerk and one (1) for Receiver of Taxes. RESOLVED, that the Park Superintendent and Recreation Director is appointed the keeper and auditor of the Petty Cash Fund in the Parks and Recreation Department. RESOLVED, that the Bookkeeper is appointed the keeper and auditor of the Petty Cash Fund in the Supervisor’s Office. RESOLUTION 16-28 RESOLVED, that in reference to the Town’s Procurement Policy, Department Heads will attend a mandatory training session on purchasing and bidding. The training will focus upon the current requirements of law. RESOLUTION 16-29 RESOLVED, that, in addition to any Enforcement Officers identified in such law or ordinance, the persons filling the following positions be and are hereby confirmed and appointed as Enforcement Officers for the following Local Laws and Ordinances: Local Law #2 of 2004 (Highway Excavation & Construction): The Town Highway Superintendent, or his or her designees; the Deputy Highway Superintendent, or his or her designees; and any Town Code Enforcement Officer. Local Law #5 of 2004 (Unsafe Buildings): Any Town Code Enforcement Officer; and any Town Building Inspector. Local Law #7 of 2004 (Business Inventory Storage): Any Town Code Enforcement Officer; and any Town Building Inspector. Local Law #1 of 2005 (Stormwater), as amended by Local Law #6 of 2009: Any Town Code Enforcement Officer (who shall also act as ECO thereunder). As amended by Resolution 13-90: Any Highway Superintendent. Local Law #3 of 2006 (Mass Gatherings): Any Town Code Enforcement Officer; any Town Building Inspector; any Town Constable (whether an employee or contractor); and the Director of Parks & Recreation. Local Law #4 of 2006 (Lock Boxes), as amended by Local Law #6 of 2009: Any Town Code Enforcement Officer; any Town Building Inspector; any Fire Inspector, Fire Captain, or Fire Marshall of the Town or any Fire District (or similar geographic district or area) affecting or located within the Town. Local Law #6 of 2006 (Code Enforcement), as amended by Local Law #8 of 2009: Any Town Code Enforcement Officer; and any Town Building Inspector. Local Law #2 of 2007 (Parks Rules and Regulations): The Director of Parks & Recreation, or his or her designees; any Deputy Director of Parks & Recreation, or his or her designees; and any Town Constable (whether an employee or contractor). Local Law #6 of 2007 (Illicit Discharges): Any Code Enforcement Officer (who shall also act as SMO thereunder). January 04, 2016 7 Local Law #2 of 2008 (Subdivisions): Any Town Code Enforcement Officer; and any Town Building Inspector. Local Law #9 of 2009 (No Smoking on Certain Town Property): Any Town Code Enforcement Officer; any Town Building Inspector; and any Town Constable (whether an employee or contractor). Local Law #1 of 2011 (Sewer Law): Any Town Code Enforcement Officer; any Town Building Inspector; and any Town Constable (whether an employee or contractor). Local Law #5 of 2012 (Excavation & Construction in Municipal Roadways & Highway Rights of Way: Any Highway Superintendent. Local Law #3 of 2013 (Bingo & Games of Chance): Any Town Clerk. Local Law #1 0f 2014 (Sign Local Law): Town Code Enforcement Officer Local Law #3 of 2014 (Regulate Outdoor Storage and Junkyards): Any Enforcement Officer Local Law #4 of 2014 (Mobile Home Park Local Law): Any Enforcement Officer Local Law #1 of 2015 (Amendments to and Restatement of Town of Lansing Land Use Ordinance): Any Enforcement Officer Local Law #3 of 2015 (Providing for Amendments to the Town of Lansing Code Enforcement Local Law to Incorporate Amendments Regarding Wood Trusses and Timber construction as Mandated by Executive Law § 382-b) Town Code Enforcement Officer Local Law #6 of 2015 (Amendments to Town of Lansing Unsafe Buildings Local Law, Local Law #5 of 2004, to Correct Typographical Error and Clarify that all Administrative Appeals are to the Town Board) Any Enforcement Officer Local Law #7 of 2015 (Communications Tower Local Law): Any Enforcement Officer Local Law #8 of 2015 (Licensing, Identification and Control of Dogs in the Town of Lansing) Town Clerk and Any Enforcement Officer ORGANIZATIONAL RESOLUTIONS 16-02 - 16-29 RESOLUTION 16-30 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Organizational Resolutions 16-02 – 16-29 are hereby approved as presented, and BE IT FURTHER RESOLVED, that these Organizational Resolutions be and remain subject to amendment throughout the year by the Town Board. The question of the adoption of such proposed Organizational Resolutions were duly motioned by Councilperson Katrina Binkewicz, 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 Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly the foregoing Resolutions were approved, carried, and duly adopted on January 04, 2016. January 04, 2016 8 REVIEW AND RECOGNIZE THE PLANNING BOARD AND ZONING BOARD OF APPEAL OFFICERS FOR 2016 PLANNING AND ZONING BOARD OF APPEALS OFFICERS: The Town Board recognized the following 2016 Planning Board Officers and Chair of the Zoning Board of Appeals: 2016 Town Planning Board Officers: 2016 Zoning Board of Appeals: Tom Ellis, Chairman Henry “Hurf” Sheldon Jr – Chairman Norman “Lin” Davidson, Vice-Chair RESOLUTION APPOINTING MEMBERS TO, AND AMENDING MEMBERSHIP OF THE COMPREHENSIVE PLAN ADVISORY COMMITTEE The next meeting of the Comprehensive Plan Committee will be January 13, 2016 at 6:00 p.m. RESOLUTION 16-31 RESOLUTION APPOINTING MEMBERS TO, AND AMENDING MEMBERSHIP OF THE COMPREHENSIVE PLAN ADVISORY COMMITTEE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board had duly appointed a Comprehensive Plan Committee, consisting of several public officers, citizens and others, and due to changes in the composition of the committee, the composition of the Town Board, the departure or death of original committee member, and a desire to bring the process towards closure, the Town Board desired to clarify and define an updated membership roster for such committee; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has decided and determined as follows, and therefore be it RESOLVED, that the charge of the Comprehensive Plan Committee shall remain unchanged and that its official membership roster shall read as follows until further determination of the Town Board: Community Members: Thomas Butler Maureen Cowen Susan Miller Duane R. Smith Philip Snyder Joseph Wetmore Connie Wilcox -Chairman Christopher Williams Town Officials and Staff: Town Board: Edward J. LaVigne, Supervisor and Katrina Binkewicz Planning Board: Gerald Caward, Larry Sharpsteen, Sandra Dennis Conlon, Lin Davidson Planning Consultant: Michael Long The question of adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, 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 Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye January 04, 2016 9 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 4, 2016. RESOLUTION PROVISIONALLY HIRING CAROLYN A. FABI AS PART-TIME TYPIST IN THE TOWN CLERK’S OFFICE RESOLUTION 16-32 RESOLUTION PROVISIONALLY HIRING CAROLYN A. FABI, PART-TIME TYPIST 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 Typist position available; and WHEREAS, said position in the Town Clerk’s Office was advertised and sought to be filled; 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 Carolyn A. Fabi be and hereby is provisionally approved to be employed as a Town of Lansing Grade 4 Employee, as a Part-Time Typist, in the Town Clerk’s Office, with such employment to commence January 5, 2016 at the rate of $14.83 per hour on an as needed basis. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 4, 2016 MOTION TO ENTER EXECUTIVE SESSION Supervisor Edward LaVigne moved to ENTER EXECUTIVE SESSION TO DISCUSS A CONTRACT AND SALARY AND PAYMENT TO A PARTICULAR PERSON AT 6:30 PM. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Supervisor Edward LaVigne moved to EXIT EXECUTIVE SESSION AT 7:20 PM. Councilperson Doug Dake seconded the motion. All in Favor - 5 Opposed – 0 RESOLUTION AUTHORIZING EXECUTION OF LEGAL COUNSEL ENGAGEMENT LETTER FOR 2016 RESOLUTION 16-33 RESOLUTION AUTHORIZING EXECUTION OF LEGAL COUNSEL ENGAGEMENT LETTER FOR 2016 The following Resolution was duly presented for consideration by the Town Board: January 04, 2016 10 WHEREAS, in consequence of the appointment of Guy K. Krogh as Town Counsel for 2016, and upon a review of the terms of the 2016 engagement letter as submitted, and upon due deliberation upon the foregoing and the needs and best interests of the Town, the Town Board of the Town of Lansing has hereby determined, and thus be it so RESOLVED, that the Town Supervisor be authorized to execute the 2016 counsel engagement letter as presented and reviewed at this meeting. The question of adoption of such proposed Resolution was duly motioned by Robert Cree, 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 Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 4, 2016. ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 7:22 p.m. Minutes taken and executed by the Town Clerk. Respectfully Submitted, Debbie S. Crandall, RMC