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HomeMy WebLinkAbout1994-05-18r3 • • MAY 18, 1994 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 8:00 p.m. with Supervisor Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney VISITORS: George Totman, Code Enforcement Herrick, Town Engineer, Pete Larson, Town Highway Bob Supko, Cargill Rep., Mr. and Mrs. John Horky, Bonnie Grover, Dan Broadway and Robert Kemple. Present Present Present Present Present Present Absent Officer, David Superintendent Gay Nicholson, The Supervisor called the meeting to order and had the clerk take the Roll Call. Mr. Robert Kemple, a resident of Whispering Pines Drive approached the Town Board concerning his road. He presented a petition signed by Whispering Pines residents that read as follows: We the undersigned petition the Town of Lansing to repair or pave Whispering Pines Drive. After a series of very bad winters, Whispering Pines Drive is in deplorable condition. We are advised that the Town of Lansing has accepted this road from the developer and has the responsibility for its upkeep. We have also been advised by Mr. Larson, Highway Department, that he does not intend to pave the street until the developer stops building. This will take many years at the present rate of development. Mr. Larson advises that they have scheduled a small section of the street for repair in June 1994. The road is, and has been for some time, in an offensive state of condition. The above situation is not acceptable to the residents of this area and we implore the Town of Lansing to pave and repair Whispering Pines Drive this spring. The present state of despair of the Whispering Pines Drive is impacting the value of our property and we seek relief from the Town of Lansing. The petition was signed by 31 residents and is on file in the Town Clerk's Office. Mrs. Kirby informed Mr. Kemple that the Town Board only allocates money to the Highway Department and cannot tell Mr. Larson what roads to fix. A discussion was held concerning the proposal made by Mr. Bailey regarding insurance to cover the Town of Lansing. Mrs. Kirby stated that there was only about a $400.00 difference between his proposal and Ithaca Agency's. Mr. Tvaroha would like to look into what percentage would go into the equity account and he felt it should be researched more before making a decision. It was also stated that with Mr. Bailey's proposal, the return on the workman's compensation would be immediate. It was felt that the Town should check with other municipalities that now have this insurance and get their input. Mr. Butler stated that the Town should also look into the aspect of exactly who would have to fill out all the forms and do all the paper work. It was the consensus of the Board to invite Mr. Bailey in again to expand on the issue. The proposed Water District No. 18 Public Hearing was called to order at 8:12 p.m. after being adjourned at the May 4, 1994 meeting. Mr. Herrick discussed the boundary changes. He stated that the new boundary would run along the north side of New York State Electric and Gas property line, down the center of Portland Point Road and once it got past the hoist house, it would go out into the lake. The line would now stop at the office building. Mr. Herrick stated that if anything was to happen southerly of this line, the continued May 18, 1994 district boundary would have to be extended. Mr. Supko stated the he had spoke with Dick Pinney and he indicated that he would has no problem with the location that Cargill had chosen to terminate the line. It was the consensus of the Board that Mr. Pinney put this in writing. Mr. Cleveland stated that he has talked to Mrs. Pinney and she informed him that she felt this might help them in the future. Mr. Herrick stated that if the line were to be extended 400 feet the buy -in fee would have to be re- enacted. Mr. Herrick felt the cost would be somewhere between $10,000.00 and $17,000.00 dollars for a buy -in but could not pin point it at this time. Mr. Supko stated that Cargill does not want to go through any more delays. There would be at least a one or two month one if the line was extended. Mr. Tvaroha stated that the Board should get a letter from the Pinney's stating that they are in agreement with the stated procedure and then make a notation that the letter is on file in the Tompkins County Court House that way if an abstract search is performed by any potential buyer, they would be advised that the condition exists where the line was not extended to the end of the property. The Town Board felt they should contact the Town's Attorney's to be sure the letter would protect them. Mr. Supko questioned Mr. Herrick if there would have to be another Public Hearing and /or waiting period since the southern boundary was redefined. Mr. Herrick stated that if the buy -in waiver was changed, the surrounding property owners should be notified and at least a thirty (30) day extension would have to take place. Mr. Herrick stated that if the buy -in waiver were not to be changed, he did not see any reason to readvertise in the Ithaca Journal. Mr. Cleveland stated that he was under the assumption that Mr. Herrick was going to redraw the district and have the main go to the end of the property. Mr. Herrick stated that he brought the main to the justified usage point. (The extra 400' is still an issue). Mr. Supko stated that he would be agreeable to either of the following: A. Mr. Pinney returning a letter to the Town Board if the Attorney's would agree that this was enough protection for the Town. B. Cargill installing the extra 400 feet. Mr. Supko will pursue getting a letter from Mr. Pinney before going the extra 400 feet. RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the Public Hearing be adjourned until the next Board Meeting on Thursday, May 26, 1994 at 7:00 p.m. Carried. Mr. John Horky approached the Board regarding his property that is in the Water District. He asked the Board to remove his three parcels of land from the district. He stated that he has paid $ 15,000.00 in the last five (5) years and that he does not have the water in his farm house. He stated that he feels he's been ripped off. He asked the Board to consider reducing his yearly bill by $ 4,000.00 - $ 5,000.00. If the Board cannot do this he stated that he will pursue the matter. Ms. Gay Nicholson presented a preliminary budget for the 2+ multi -use trail. The total estimate for this project is $ 313,794.00. The Board Members and the Highway Superintendent questioned some of her figures. It was the consensus of the Board that she should produce petitions instead of her phone survey's. Mr. Tvaroha would also like to see the phone surveys. It was also felt the matter of an annual maintenance cost should be • r- r continued May 18, 1994 investigated before any decisions are made. Mr. Cleveland asked if the Lansing Recreation had given their approval. Ms. Nicholson Town service. stated that they had not, but that Steve Colt backs them 100% The Town Board was also concerned with child safety and Ms. Nicholson stated that statistics show this not to be a problem. She asked the Board to be ready on June 1, 1994 to sign as an Agency for the project if they were in agreement with it. Mr. Larson stated that individuals are asking to adopt roads in the Town of Lansing and he felt the Town should have a contract in place, which he is working on now. It was felt that the Town may have to take care of the garbage that gets picked up as an additional Town service. Mr. Larson stated that he would like to set up a long term plan in regard to cleaning up the Salmon Creek banks from the railroad bridge to the lake. Mr. Larson will speak with the County and get back to the Board with his findings. Mr. Larson will soon be posting Luce Road and Searles Road for weight limits as a milk truck has been damaging these roads. As far as Whispering Pines is concerned, Mr. Larson stated that he told Mr. Kemple he would like to wait to pave the road until the development was 85 - 90% complete. He also stated that Mr. Thaler has said that he would complete the road that would connect Arrowood with Whispering Pines for the past three years and to date is not finished. Whispering Pines has not been scheduled for paving in 1994. Mr. Larson has also received a letter from people on Dutch Mill Road asking him to repave the road. Mr. Larson stated that if he has money left over, he may repair Dutch Mill Road and Whispering Pines at the end of this year. Mr. Larson and Mrs. Kirby will get together and write Mr. Kemple a letter. Mr. Herrick presented a draft contract agreement regarding Crooked Hill Road (Ludlowville Road). He went over this with the Board Members and stated that the Town needs to get involved with the adjoining landowners as soon as possible to get temporary right -of -way easements from them to allow for the construction that needs to take place. A date of November 15, 1994 has been set for the reopening of Crooked Hill Road and a date of July, 1995 has been set for the paving portion of it. Mr. Herrick questioned whether or not the amount budgeted for Crooked Hill Road should be in the specs or not. It was the consensus of the Board that this figure should be added to the specs. Mr. Herrick will have Rich John or Richard Thaler look the draft over for their approval before sending them out. Mr. Herrick also stated that he would like to have the specifications in the mail on May 26, 19946 Water District No. 17: Mr. Herrick has six (6) letters from • property owners asking to have all of their property put into the proposed district. He will also ask Gordon and Jeff Cook to put their request in writing. Mr. Herrick stated that he would like to go ahead and redraw the district boundaries. He informed the Board that there may be pressure problems on two (2) properties. He will send the property owners letters explaining this and have them sign them stating that they are aware of this. Mr. Herrick recommended that the Town Board hire a consultant to file a notice of intent to the Agriculture & Markets. This consultant will have to deal with Albany and the local Ag & Markets office. Mr. Herrick stated that Mr. Sovocool has asked that two of his parcels be included in the district and he did not see a problem with this as there would be no cost involved. The Town Board discussed the Horky situation and it was the consensus of the Board to have the Town Attorney write a letter to Mr. Horky's attorney explaining that he cannot be taken out of the r� continued May 18, 1994 district at this point. Mr. Horky will also receive a letter. Mr. Totman presented his monthly report. He also stated that beginning April 20, 1994, it is the responsibility for the Building Inspector to enforce the rules and regulations set by the American Disabilities Act. Mr. Totman stated that the Town needs to have something on paper to show that they are trying to cooperate with this matter. Mr. Totman suggest Mr. Thaler be contacted concerning this. A copy of the minutes of April 6, 1994 having been provided to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept them as submitted. RESOLUTION, offered Tvaroha: RESOLVED, that the approved as submitted. by Mr. Beckwith and seconded by Mr. minutes of April 6, 1994 are hereby Carried. AUDIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the bookkeeper be and hereby is authorized to pay the following bills$ General Fund 244 - 302 $ 29,602.34 Highway Fund 161 - 188 $ 29,613.63 Lans. Wr. Dists. 17 - 18 $ 565.74 Lans. Light Dists. 4 $ 1,185.12 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,offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized to make the following Budget Modification: General Fund As From contingency A1990.400 and from Town Hall Equipment a total of $ 1,000.00 for the purchase of a fax machine as budgeted. Vote of Town Board . . . Vote of Town Board . . . Vote of Town Board . . . Vote of Town Board . . . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor The operation and maintenance charge for Cherry Road Sewer District - Stage One was discussed and it was the consensus of the Board to keep the unit charge at $20.00. RESOLUTION offered by Mr. Beckwith and seconded by Mr. Cleveland. RESOLVED, that the Regular Board meeting be adjourned to go into Executive Session at 11:00 p.m. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the Executive Session be terminated and the Regular Session be reconvened at 11:03 p.m. Carried. Mr. Cleveland stated that Mr. Leo Mahool has approached him asking if the Town Board would be interested in leasing the land in Myers that is for sale with an option to buy. Mr. Cleveland will C L.J • 1 fl i continued May 18, 1994 invite Mr. Mahool in to explain what his intentions would be for the use of the land. The Town will then consider leasing it with the option to buy. On motion, meeting adjourned at the call of the Supervisor at 11:10 p.m.