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Home My WebLink About2015-11-04 November 04, 2015 1 SPECIAL TOWN BOARD MEETING November 04, 2015 A Special Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:01 p.m. The meeting was called to order by the Deputy Supervisor, Sharon Bowman and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Robert Cree, Councilperson Doug Dake, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: Kathy Miller, Supervisor ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Deputy Highway Superintendent, Connie Wilcox, Charles Crandall, Dan Veaner, Lansing Star, Nina Drake, Jared Strait, Mike Koplinka-Loehr, Ted Laux, John O’Neill, Village of Lansing, Anastasia Miesner, Nathanial Fleishman and a few other attendees. MIKE KOPLINKA-LOEHR – SOLAR UPDATE Mr. Koplinka-Loehr informed the Town Board that Mike Roach from RER Energy had reviewed the town’s electric bills in regards to his solar presentation that was given at the September 16, 2015 Regular Town Board meeting. His findings determined that the 220K solar PV system would fully meet the needs. Mr. Koplinka-Loehr noted that unfortunately third party investors, (who would get the tax credits and accelerate the depreciation which the town wouldn’t benefit from), are generally not getting involved in systems less than 500K. He noted if the town wanted to consider community solar (citizens could buy into a centralized solar array and get a credit on their home electric bill) than a partnership array could very well work. He emphasized that starting a community solar array would take a lot of work and would likely take a while to organize. Mr. Koplinka-Loehr informed the Town Board that TST BOCES, on behalf of the Lansing Central School District is still looking for a site for their 1.5MW solar PV array. He noted that this would benefit all town taxpayers by keeping electricity rates low to the Lansing School District for 25 years. He asked the Town Board to consider the possibility of the town leasing the needed 7 acres of land at $500.00 an acre per year for 25 years. The Town Board thanked him for the update. MOTION TO OPEN PUBLIC HEARING ON THE PROPOSED SPECIAL DISTRICTS BUDGET FOR 2016 Councilperson Ruth Hopkins moved to OPEN THE PUBLIC HEARING ON THE PROPOSED SPECIAL DISTRICTS BUDGET FOR 2016 at 6:04 pm. Councilperson Robert Cree seconded the motion. All in Favor - 4 Opposed - 0 No one addressed the board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING ON THE PROPOSED SPECIAL DISTRICTS BUDGET FOR 2016 at 6:05 pm. Councilperson Edward LaVigne seconded the motion. All in Favor - 4 Opposed - 0 November 04, 2015 2 MOTION TO OPEN PUBLIC HEARING ON THE PROPOSED BUDGET FOR 2016 Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON THE PROPOSED BUDGET FOR 2016 at 6:06 pm. Councilperson Ruth Hopkins seconded the motion. All in Favor - 4 Opposed - 0 No one addressed the board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING ON THE PROPOSED BUDGET FOR 2016 at 6:07 pm. Councilperson Edward LaVigne seconded the motion. All in Favor - 4 Opposed - 0 MOTION TO OPEN PUBLIC HEARING ON LOCAL LAW #9 OF 2015 Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING ON LOCAL LAW #9 OF 2015 TO REPEAL LOCAL LAW #5 OF 2015 AND REINSTATE THE TAX CAP LIMITS ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C at 6:08 pm. Councilperson Edward LaVigne seconded the motion. All in Favor - 4 Opposed - 0 No one addressed the board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Ruth Hopkins moved to CLOSE THE PUBLIC HEARING ON LOCAL LAW #9 OF 2015 TO REPEAL LOCAL LAW #5 OF 2015 AND REINSTATE THE TAX CAP LIMITS ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C at 6:09 pm. Councilperson Edward LaVigne seconded the motion. All in Favor - 4 Opposed - 0 RESOLUTION ADOPTING LOCAL LAW #9 OF 2015 RESOLUTION 15-122 RESOLUTION ADOPTING LOCAL LAW #9 OF 2015 – A LOCAL LAW TO REPEAL LOCAL LAW #5 OF 2015 AND REINSTATING THE TAX CAP LIMITS OF GENERAL MUNICIPAL LAW § 3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, on June 17, 2015, the Town adopted a local law to override tax cap limits set forth in GML § 3-C (Local Law #5 of 2015), and due to other NYS legislation allowing certain limited tax refunds under stated conditions, one of which is that no tax cap override may be in place at the time of adoption of a final budget for 2016, the Town Board has decided to repeal Local Law #5 of 2015, the tax cap override local law; and WHEREAS, a public hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on November 04, 2015, to consider the adoption of proposed Local Law #9 of 2015, and all persons interested therein were duly heard and all evidences were taken; and WHEREAS, since this action is a Type II SEQRA action for which no environmental review is required, and upon due consideration thereupon, the Town Board of the Town of Lansing has hereby November 04, 2015 3 RESOLVED, that Local Law #9 of 2015 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”; and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the State Records and Law Bureau, Department of State, 41 State Street, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins -Aye Councilperson Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on November 04, 2015. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 9 OF 2015 A LOCAL LAW TO REPEAL LOCAL LAW NUMBER 5 OF 2015 AND REINSTATE THE TAX CAP LIMITS ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as “Local Law Number 9 of 2015”. It is the intent of the Local Law to repeal Local Law Number 5 of 2015, and to thus reinstate the limits on the amount of real property taxes that may be levied by the Town of Lansing pursuant to General Municipal Law §3-C, SECTION 2: EFFECT: This Local Law hereby thus repeals in its entirety said Local Law Number 5 of 2015, and declares the same of no force or effect, and thus the Town of Lansing repeals the prior tax cap override local law of the Town of Lansing and reinstates the tax levy limits imposed by General Municipal Law §3-C. SECTION 3: SEVERABILITY: If any portion this Local Law, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this Local Law shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. SECTION 4: EFFECTIVE DATE: This Local Law shall take effect immediately. November 04, 2015 4 RESOLUTION APPROVING THE SPECIAL DISTRICTS BUDGET AND TOWN BUDGET FOR THE FISCAL YEAR 2016 Deputy Supervisor, Sharon Bowman reviewed the following SPECIAL DISTRICTS and FISCAL BUDGET for 2016: SDD1 – Drainage District #1 Pheasant Meadow – 0.00 SDD2 – Drainage District #2 Whispering Pines – 0.00 SDD4 – Drainage District #4 Lake Forest – 0.00 SDD5 – Drainage District #5 Farm Pond Circle – 0.00 Appropriations Est Revenue Amt Raised by Tax SL1 – Ludlowville Lighting District 2,500.00 2,500.00 SL2 – Warren Road Lighting District 5,800.00 5,800.00 SL3 – Lakewatch Lighting District 9,250.00 9,250.00 SS1 – Warren Rd Sewer District 68,795.25 45,614.00 23,181.25 SS3 – Cherry Rd Sewer District 25,268.75 24,950.00 318.75 SW – Lansing Water District 1,220,959.32 739,100.00 481,859.32 TOTAL SPECIAL DISTRICTS 1,332,573.32 809,664.00 522,909.32 Unexpended Appropriations Est Revenue Fund Balance Amt Rasied by Tax General Fund Townwide 1,891,585.13 831,229.54 34,000.00 1,026,355.59 General Fund Outside Village 295,050.00 295,050.00 0.00 0.00 Highway Fund Townwide 1,418,128.00 361,324.91 250,000.00 806,803.09 Highway Fund Outside Village 1,312,535.52 1,312,535,52 0.00 0.00 Debt Service Fund 0.00 0.00 0.00 0.00 TOTAL TOWN 4,917,298.65 2,800,139.97 284,000.00 1,833,158.68 Councilperson Ruth Hopkins noted that the Special Districts is lower as the town has retired three major bonds. RESOLUTION 15-123 RESOLUTION APPROVING THE SPECIAL DISTRICTS BUDGET AND TOWN BUDGET FOR THE FISCAL YEAR 2016 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board duly held Public Hearings on November 04, 2015 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 2016. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Doug Dake and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Nay Accordingly, the foregoing Resolution was approved, carried, and duly adopted on November 04, 2015. RESOLUTION HIRING BRONWYN LOSEY, AS A PART-TIME RECREATION ASSISTANT IN A SUBSTITUTE CAPACITY FOR THE LANSING DROP IN PROGRAM November 04, 2015 5 RESOLUTION 15-124 RESOLUTION HIRING BRONWYN LOSEY, AS PART-TIME RECREATION ASSISTANT TO ACT IN A SUBSTITUTE CAPACITY FOR THE LANSING DROP IN PROGRAM The following Resolution was duly presented for consideration by the Town Board. WHEREAS, there is a need for a Part-Time Recreation Assistant to act in a substitution capacity when the need arises as the Lansing Drop In Program operates with three employees at all times; and, WHEREAS, said position, Part-Time Recreation Assistant, for the Lansing Drop In Program were sought to be filled; and WHEREAS, the Town Board had previously interviewed for the posted and advertised part-time position, and WHEREAS, an acceptable and qualified individual was located, and are therefore proposed to be hired to fulfill such job requirement; and WHEREAS, after review and discussion of such proposal, the Town Board of the Town of Lansing has hereby RESOLVED, that Bronwyn Losey be and hereby is approved to be employed as a Town of Lansing Grade 2 Employee, as Part-Time Recreation Assistant, to act in a substitute capacity for the Lansing Drop In Program, with such employm ent to commence 11/04/2015 at the rate of $11.52 per hour. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Councilperson Ruth Hopkins - Aye Councilperson Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on November 04, 2015. CHART FROM THE TOMPKINS COUNTY ASSESSMENT DEPARTMENT Councilperson Ruth Hopkins provided the following chart from the Tompkins County Assessment Department that showed tax rate ranking: Muni School Combined Rate Median Value Taxes Tax Rank Tax Rate Rank # of Parcel Average Town School__ Cayuga Heights Ithaca 33.360373 330,000 11,008.92 1 8 866 367,193 15.199273 18.1611 TOV Lansing Ithaca 27.365649 365,000 9,988.46 2 25 131 365,878 9.04549 18.1611 V Lansing Ithaca 28.345345 265,000 7,511.52 3 22 571 286,184 10.184245 18.1611 Ithaca Ithaca 37.91485 190,000 7,203.82 4 3 3635 205,623 19.75375 18.1611 Ulysses Ithaca 27.589178 245,000 6,759.35 5 24 432 335,898 9.428078 18.1611 TOV Ithaca Ithaca 31.582502 210,000 6,632.33 6 12 3385 231,085 13.421402 18.1611 Trumansburg Trumansburg 38.866778 180,000 6,096.02 7 5 539 185,274 14.848778 19.018 V Dryden Dryden 39.938727 145,000 5,791.12 8 2 584 153,235 17.15182 22.7869 Dryden Ithaca 28.26841 200,000 5,653.68 9 23 1058 218,898 10.10731 18.1611 TOV Lansing Lansing 30.881849 175,000 5,404.32 11 13 2479 234,478 9.20454 21.6773 Danby Ithaca 29.978511 180,000 5,396.13 10 14 1018 203,311 11.817411 18.1611 Dryden Dryden 32.89421 150,000 4,934.13 12 9 2184 158,038 10.10731 22.7869 Ulysses Trumansburg 28.446078 170,000 4,835.83 13 20 870 190,666 9.428078 19.018 Danby Spencer VE 29.910681 150,000 4,486.60 14 15 125 162,552 11.817411 18.09327 V Groton Groton 40.55477 110,000 4,461.02 15 1 644 110,066 19.065624 21.489146 V Freeville Dryden 35.94049 120,000 4,312.86 16 4 164 123,421 13.15359 22.7869 Caroline Candor 33.540993 125,000 4,192.62 17 7 135 127,275 11.58849 21.9525 Caroline Ithaca 29.749593 135,000 4,016.20 19 17 970 148,207 11,588493 18.1611 Dryden Groton 31.596177 125,500 3,965.32 18 11 108 142,120 10.10731 21.488867 Groton Groton 32.565663 120,000 3,907.88 20 10 923 127,294 11.076796 21.488867 Enfield Trumasburg 29.297649 130,000 3,808.69 22 18 274 150,564 10.279249 19.0184 Groton Dryden 33.863696 110,000 3,725.01 23 6 315 118,682 11.076796 22.7869 Newfield Newfield 28.967309 125,000 3,620.91 24 19 1521 136,044 10,89154 18.075769 Enfield Ithaca 28.440349 115,000 3,270.64 25 21 806 124,791 10.279249 18.1611 November 04, 2015 6 ADJOURN SPECIAL MEETING TO BUDGET WORK SESSION The Special Meeting adjourned to a Work Session at the call of the Deputy Supervisor at 6:16 p.m. Topics of Discussion: Lynn Day 1. Split Property Town/Village (a) .76 acres in the Village of Lansing with a home. 1.21 acres in the Town of Lansing with a request to build on the 1.21 acres. Access to the property is through the Village (b) Assessment Department will not consolidate the property without the Town Relinquishing the property (c) Question Remains: Do the owners get a Variance through the Village and another one from the Town of Lansing (d) Counsel Guy Krogh noted that the owner could apply for a 280A 5 Variance He recommended that the Town and the Village review all the properties that have these problems. (e) Counsel Guy Krogh noted that the Town and Village could jointly agree and have one Planning Board handle it and the other one would send a designated representative. The 280A 5 variance would involve the town property as that would be declared the development area. The property owner would need a 15 foot right-of-way driveway along the property edge. The Town Board would declare the development area, not the planning board. (f) Lynn Day will meet with the Village. 2. Lynn Day – Clarification on Employee, Vacation and Comp-Time Work Session adjourned at the call of the Deputy Supervisor at 6:30 p.m. RECONVENE SPECIAL TOWN BOARD MEETING Special meeting was reconvened at the call of the Deputy Supervisor at 6:31 p.m. MOTION TO ENTER EXECUTIVE SESSION Councilperson Robert Cree moved to ENTER EXECUTIVE SESSION TO DISCUSS A PARTICULAR EMPLOYEES LEAVE BENEFITS AT 6:33 PM. Councilperson Edward LaVigne seconded the motion. All in Favor - 4 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Edward LaVigne moved to EXIT EXECUTIVE SESSION AT 6:51 PM. Councilperson Robert Cree seconded the motion. All in Favor - 4 Opposed - 0 MOTION TO ADJOURN MEETING Councilperson Doug Dake moved to adjourn the Special Town Board meeting at 6:51 p.m., seconded by Robert Cree. All in Favor – 4 Opposed - 0 Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall, RMC