HomeMy WebLinkAbout1994-09-21)26
The Lansing Town
Town Hall at 8:00 p.m.
Jeannine Kirby
Herbert Beckwith
Paul Butler
Jeffrey Cleveland
Larry Tvaroha
Bonita Boles
Richard John
SEPTEMBER 21, 1994
Board met in Regular Session at the Lansing
with Supervisor Kirby presiding.
ROLL CALL
Supervisor
Supervisor
Present
called the meeting to order and had the clerk
Councilman
Roll Call.
Absent
and
Councilman
3, Fiddler's
Present
Green
Councilman
Drainage
Present
Councilman
September
Present
1994
Town Clerk
Present
Town Attorney
Present
The
Supervisor
Town
called the meeting to order and had the clerk
take the
Roll Call.
and
VISITORS: Pete Larson, Highway Superintendent, Dave Herrick,
Town Engineer, Jim Eyster, Mr. Elmquist and three other Fiddlers
Green Residents, Andy LaVigne and George Totman, Code Enforcement
Officer.
The following letter was passed out to all Board Members:
To:
Lansing
Town
Board
From:
Kells Elmquist
and
3, Fiddler's
Green
Re:
Drainage
Problems
Date:
September
21,
1994
Margaret K. Ambry, Owners of Lot No.
on Fiddler's Green
During the heavy rains of last August many residents of Fiddler's
Green experienced damage from drainage water overflowing existing
ditches and culverts. This letter documents our drainage problems
and proposes some solutions to those problems.
Our driveway was washed down the hill by overflow water when the
culvert under the driveway of Baugh's (lot 13) could not handle the
extreme flow. Both the upper and lower drive were severely rutted
and driveway gravel washed on to the lawn. In a particularly
distressing development, water flowing off the drive followed our
entry stairs and struck the foundation of the house, splitting
there and continuing on both sides of the house through the lawn
and gardens. The drive was repaired with three loads of gravel, use
of a back hoe, and many hours of raking gravel out of the lawn.
Further down our lot the excess water washed over the cliff at the
exact point of our stairway down to the lake, washing the footings
from under our uppermost flight, and undermining a tree which fell
across one of the lower flights. This stairway begins at a point
approximately 100 feet south of the northwest lot line and original
drainage easement.
After the August washout, our neighbors produced the 1979 survey
map showing a drainage easement along the northwest boundary of our
lot, where it adjoins Deshler's (lot 4), and have asked to have a
culvert installed under Fiddler's Green road at this point so that
the primary flow will use this easement. We believe there are
considerable problems with this proposal. Unless the culvert and
ditch are carefully and properly installed it will exacerbate
rather than solve our problems and involve considerable maintenance
and expense for both ourselves and the Town.
Fiddler's Green is an old subdivision. We have owned land there
since 1979, and lived there since 1984. Contrary to the current
assertions, in the last 15 years there have been remarkably few
drainage - related problems. It is only during the most extreme
storms, usually coupled with already saturated ground, that
problems occur.
The primary problem with the existing drainage system is that the
majority of the flow from the entire eastern two- thirds of
E
G.
1
1`27
continued September 21, 1994
Fiddler's Green ends up in the ditch beside the Eyster /Metzger
driveway.
Problems with the 1979 Drainage Plan
Fiddler's Green actual fall line. The fall line on these lots
is S not SW as is shown on the map. The land was terraced long ago,
which has the effect of spreading drainage water side to side,
flooding large portions of the lower lots during storms. The lots
are considerable steeper at the top (near the road) of the lots
than further down the cliff edge.
Drainage easement. This falls on a natural point between our
lot and Deshler's. Water expected to stay within the easement
between lots 3 and 4 MUST BE IN A DITCH. If it is not so directed,
it will naturally flow directly toward our house, a situation which
we cannot allow. If we manage to divert it from eroding our
foundation, it will certainly wash out our stairway to the lake.
Diversion of additional water to our lot will cause us unnecessary
financial hardship.
- Power line to lot 44 There is an existing power line serving
Deshler's house coincident with the drainage easement, though no
deed -based easement exists on our lot. NYSEG maintenance of the
power line over the past years has produced layers of fallen trees
and limbs interspread with hedge -rose, honeysuckle and poison ivy.
A considerable clean -up would be required prior to installation and
maintenance of a drainage ditch. The existing power line does not
follow the lot line exactly, it veers slightly to the south, then
back to the west.
Existing structures on lot 4. Deshler's house, situated at
the top of the cliff, is roughly 50 feet from the lot line and
hence quite close to the drainage easement. Their satellite dish
antenna appears to be situated within the easement at the cliff
edge. Deshlers also have a path down to the lake that is coincident
with the easement.
Three Alternatives
1) The first alternative concentrates on fixing the problems with
the existing system:
- Public assistance for maintenance of existing ditch along SE
boundary of lot 2.
Larger culvert at Baugh driveway on Fiddler's Green road to
prevent recurrence of our driveway washout.
Larger Eyster culvert or bridge across existing ditch beside
Eyster /Metzger drive.
Flow dispensers (rocks in cages) installed with in existing
Eyster /Metzger ditch.
We believe this plan
maintenance but good acc
that maintenance, and div
The entire drainage from
this one ditch however.
has the
ess, via i
erts water
Fiddler's
Lowest initial cost, medium
ze existing drive, to perform
away from existing structures.
Green remains concentrated in
2) The second alternative is to implement the 1979 plan in the
following manner:
Build.new culvert under road coincident with lower easements,
2' to 3' in diameter.
Clean up power easement, so that ditch can be constructed and
maintained.
Dig-new di.t.ch and provide for maintenance access, assuming
this be done.in a 20 foot easement.
Move or fortify existing dish antenna.
Move Deschler path to lake.
Devise and get agreement on plan for long term maintenance of
the ditch.
1'8
continued September 21, 1994
We
believe
this plan
is the most expensive
initially,
will incur
the
most
maintenance
under the worst access conditions,
A unique feature of this
and divert
the
flows
water
closest
to
existing structures
and
dwellings.
clearing of first level
brush before
maintenance.
3) The third alternative takes advantage of a substantial natural
stream bed which is not shown on the 1979 map, and hence may not be
generally known.
First and most important, acceptance of this plan has to be
entirely up to Deshler's, but as of this date, they strongly
prefer it to plan 2.
- There is
beginning
stream bed obviously carried a large part of the flow
a substantial
100 feet
existing dry
below Fiddler's
stream bed on lot 4,
Green road. It is quite
deep -
6
to 8 feet
in places.
was installed.
- This
stream bed obviously carried a large part of the flow
off
Fiddler's
Green at
one time, and presumably
dried up when
the
road
was installed.
A unique feature of this
stream is that
it
flows
predominantly
southwest, rather than
south. The
lowest
stream
bed would require
clearing of first level
brush before
maintenance.
use.
taking
advantage
of the
existing
- The
stream bed
continues
south,
coming to a point where
the
stream
parallels
the drive,
15
feet from the drive edge.
200
feet
above the
house it
turns
south and crosses the Deshler
lowest
drive
40 feet
NW of the
house.
maintenance.
By
The plan to use this stream bed consists of:
- Build
existing
driveway
new
culvert
under road coincident with lower easements,
2'
to
culvert
3'
in
diameter.
Build new ditch 100' between culvert and existing stream bed.
- Replace
existing
driveway
get
culvert
by a larger 2' to 3' culvert
pipe.
This
culvert
is 30
feet in
length.
- Devise
believe
and
get
agreement on plan for long term maintenance of
the
ditch
would
and
culvert.
Remove the existing drainage easements on lots 3 and 4.
We
believe
concerns.
We look
this
the
plan
would
have medium
initial
or other's)
expense, but
would
have
they
the
with
lowest
first alternative
in the letter.
long
term
maintenance.
By
taking
advantage
of the
existing
stream
over
the
steepest part
of
the
slope, the top
part
will
Larson and Mr.
be
almost
the situation and
self-
maintaining.
The lower
the Board with
part
directs the
water
well
from
existing
structures,
and because of
the reduced
slope,
would
need
a
little
long
term care.
Thank you for your consideration
to discussing these problems and
you in the near future.
Sincerely,
of
our
concerns.
We look
forward
the
Board members.
solution
Mr.
(ours
or other's)
with
they
Kells A. Elmquist
Margaret K. Ambry
cc: Baugh, Deshler, Eyster, Finkeldey, Metzger
Mr. Larson reported the following to the Board:
•
Mr.
Eyster
discussed the above
matter with
the
Board members.
Mr.
Eyster
and Mr. Elmquist stated
that
they
did not agree
with
the
first alternative
in the letter.
They
preferred
the third
alternative.
It
was the
consensus of the Board
to
have
Mr.
Larson and Mr.
Herrick
look over
the situation and
then
get
back to
the Board with
their
recommendation.
Mr. Larson reported the following to the Board:
•
continued September 21, 1994
1. The annual auction was a success. They did $ 246,000.00 worth
of business. Over 600 people picked up tags. The Town will receive
1% of the $246,000.00.
29 Mrs. Joan Kobasa will be hired to fill Hazel Avery's position
at the Highway Department. She will be hired on a 90 day temporary
basis. The County will post an exam notice that Mrs. Kabasa will
have to take. Mr. Larson stated that applications were only taken
from Lansing residents.
RESOLUTION, offered by Mr. Cleveland and seconded by Mr.
Tvaroha:
RESOLVED, that a full time competitive position be created in
• the Town of Lansing entitled " Senior Typist ".
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
3. Mr. Larson will take the Town Board on the road trip on
October 3, 1994 at 5 :30 p.m. if Mr. Larson's schedule is free. He
will get back to Mrs. Kirby to confirm this date and time.
4. Snake Hill Road: The equipment has been brought in and the
guide .rails are being done. Restoration will probably start on
Monday of next week.
Mr. Herrick stated the following:
1. The people in Fiddler's Green are requesting 100 feet of
drainage way be connected to the natural swale. The Town may want
to maintain an easement on this. Mr. Herrick stated that the deed
runs to the end. Mr. Herrick felt that if the Town takes away the
water that the residents are indicating should not be there, the
size of the culvert that is farther down should be sufficient. Mr.
Larson questioned why this was not picked up on an as built.
2. Mr. H
No. 17 and
to. Albany
Protection
arrick presented the Notice
the Supervisor signed it.
and the Tompkins County
Board after he makes an ai
of Inte
Mr. Her
Agricu
rnendment
!nt for Water District
rick will send it off
lture and Farm Land
to the map.
39 Water District No. 12: DEC would like the next water line
project to fulfill the archaeological investigation requirement.
Dave .questioned the definition of "sight disturbance ". Mr. John
stated that sight disturbance is not applicable to residential
house construction but is for water lines. It was felt that housing
could continue and that Mr. Schlecht should be set as far as his
area in Cayuga Highlands Development. Mr. Herrick stated that this
WOULD apply to Nova Lane, Mr. Herrick stated that the SEQR process
for Nova Lane should be in touch with the Park and Historic
Preservation Office. Mr. John will check with the DEC again and try
to get better information as to whether it is constitutional or
not.
• 4. Water Systems Improvement Project: There were five or six
items that Masciarelli Construction did not complete. Bolton Point
has completed these for a total of $ 260.00. This fee was deducted
from Masciarelli's final payment. This completes all payments for
that project. The Town Board will discuss the terms of the
permanent financing for this project ( around $400,000.00).
5: 1995 Engineer's Budget: Mr. Herrick stated that services for
Bill George Road are included in his figures.
Mr. Totman presented his monthly report and stated the
following:
3
continued September 21, 1994
1. The Nalley family from Sharpsteen Road went to Court and were
fined $200.00.
2. Next Monday night the Armstrong's from Armstrong Road are
scheduled to appear in Court.
RESOLUTION, offered by Mr. Butler and seconded by Mr.
C1 evel and-:
WHEREAS, the Town of Lansing has created a Policy and
Procedure Guide for the Town of Lansing; and
WHEREAS, the Town Board has deliberated and has considered a
proposal to amend a portion of the Policy and Procedure Guide
entitled IV. Benefits (6) Sick time" so that the second paragraph
of that section reads as follows:
"One sick day per month
employees, up to a maximum
retirement after ten (10) years
of fifty (50) days ".; and
is accrued by regular -full time
of 100 days. Upon an employee's
employment sick days up to a total
WHEREAS, the Town Board has determined that it is in the best
interests of the Town of Lansing to amend the Policy and Procedure
Guide as above - mentioned, it is
RESOLVED, that the Town of Lansing Policy and Procedure Guide
be amended as above - mentioned.
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. Cleveland and seconded by Mr.
Butler:
RESOLVED,
that the
Town
Board of
the
Town
of Lansing does
hereby approve
the Negotiated
before
Work Plan
for
Bolton Point after the
recommendations
from the
Town
Engineer
are
noted
as follows:
- Page 2, Item 2 - Make reference to the letter /memo dated
September 23, 1992 from Mr. Wixom to Kevin Kauffman which
outlines the responsibility of S.C.L.I.W.C. and the Town
C.E.O. with respect to cross connection control.
Page 2, Item 3 - It should be stated that any repairs to
customer
-owner
property will
be
acknowledged
and authorized
by
the owner
of the property
before
the work
begins. Since
the
customer
is billed through
the Town this
step should
help
the Town
with collections.
Vote of Town Board . . . (Aye) Paul Butler, 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
RESOLUTION offered by Mr. Cleveland and seconded by Mr.
Butler:
October
be
BE IT
12,
held at
RESOLVED,
1994 at 7:00
the Town
that
p.m.
Hall
the Town
as the
to consider
Board has set the date of
date for a Public Hearing to
the amendment to Local
Ordinance
for
No. 5 of 1966
changes on tax forgiveness
as amended, amending the same to provide
for the elderly._ The schedule being
as
follows:
•
•
Continued September 21, 1994
ANNUAL INCOME OF OWNERS OR
COMBINED ANNUAL INCOME
OF OWNERS
UP
TO
$ 16,500.00
Agreement goes between the Town
of Lansing
try to get
and the Village,
negotiations
Mr.
under
Herrick
way
$
16,500.00
311 -
to
$
17,099999
.Lansing
Water
Districts
$
17,100.00
33
$
to
$
17,699.99
(Contingency)
$
17,700.00
Vote-of
to
$
18,299.99
Paul
Butler,
Councilman
$
18,300.00
Town
Board .
to
$
18,899.99
Councilman
Vote of
$
18,900.00
(Aye)
Larry
to
$
19,499.99
Vote of
Town
Board .
$
19,500.00
Kirby,
to
$
20,099.99
$
20,100.00
of Town
Board
to
$
20,699.99
Jeffrey Cleveland,
Councilman
$
20,700.00
to
$
21,299.99
Vote
of.Town_.Board
n
Vote of Town Board
Vote of Town Board .
Vote of Town Board . .
Vote of Town Board .
PERCENTAGE ASSESSED
VALUATION EXEMPT
FROM TAXATION
50%
45%
40%
35%
30%
25%
20%
15%
10%
(Aye) Paul Butler, Councilman
(Aye) Jeffrey Cleveland, Councilman
(Aye) Larry Tvaroha, Councilman
(Aye) Jeannine Kirby, Supervisor
As far
as the Intermunicipal
DB9901.900
Agreement goes between the Town
of Lansing
try to get
and the Village,
negotiations
Mr.
under
Herrick
way
will notify the Village and
very soon.
AUDIT RESOLUTION, offered by Mr. Tvaroha and seconded by Mr.
Cleveland:
RESOLVED, that the bookkeeper is hereby authorized and
directed.to pay the following bills:
General
Fund
DB9901.900
546 -
633
$
29,742.22
Highway
Fund
311 -
345
$
51,844.70
.Lansing
Water
Districts
31 -
33
$
10,770.74
From General
A1990.400
(Contingency)
to A1220.200
Vote-of
Town
Board .
(Aye)
Paul
Butler,
Councilman
Vote of
Town
Board .
(Aye)
Jeffrey
Cleveland,
Councilman
Vote of
Town
Board .
(Aye)
Larry
Tvaroha,
Vote
Councilman
Vote of
Town
Board .
(Aye)
Jeannine
Kirby,
Supervisor
RESOLUTION, o.ff.ered by Mr. Cleveland and seconded by Mr.
Butler:
RESOLVED, -that the bookkeeper is hereby authorized to make the
following.Budget Modifications:
i.
From Hwy
DB9901.900
(Transfer) to DB5110.400
_
$ 10;000.00
per
Mr.
Carson's
request.
20__
From General
A1990.400
(Contingency)
to A1220.200
.(Supervisor
equipment)
to
cover cost
of the new
computer
system
-
$
2;760.004
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
A copy .of. the minutes of July 6th, August 3rd and August 17th,
1994 having been. furnished to the Board Members beforehand, the
Supervisor-:as.ked _for. -a motion to make any corrections or to accept
the .same _as submitted.
RESOLUTION-of f ered by Mr. Butler. and seconded by Mr. Tvaroha:
RESOLVED�,_that,t.he minutes of July 6th, August 3rd and August
17, 1994 are:hereby. approved as.submitted.
Carried
Carried
Carried
1 3 1.
S
continued September 21, 1994
Mr.
Cleveland
stated
that
the
final
draft of the Personnel
Policy
should
construction
be passed
out to
all
Town
Employees.
RESOLUTION offered by Mr.
Tvaroha:
RESOLVED, that the Regular
Executive Session at 10:30 p.m.
RESOLUTION, offered by Mr
Butler:
Cleveland and seconded by Mr.
Meeting be adjourned to go into
Carried.
Cleveland and seconded by Mr.
RESOLVED, that the Executive Session be terminated and the
Regular Meeting be reconvened at 10:56 p.m.
Carried.
RESOLUTION offered by Mr. Tvaroha and seconded by Mr. Butler:
WHEREAS, the Town of Lansing Town Hall does not have
sufficient space and cannot comply with the most recent state and
federal laws, regulations and building codes: and
WHEREAS, the Town Board has deliberated and has considered a
proposal to seek designs for the construction of a new Town Hall;
and
WHEREAS, the Town Board may issue a Request For Proposal for
Architect and Engineering services without binding the Town to
enter into any agreement and the Town may reject any and all
proposals; and
WHEREAS, the Town Board has
interests of the Town of Lansing
potential designs of a new Town
proposals; it is
determined that it is in the best
to determine the feasibility and
Hall through a solicitation of
RESOLVED, that the
Town Supervisor
is authorized
to prepare a
Request For Proposal for
Architectural
Engineering services
for the
design and
construction
and post at the present Town
of a new Town
the
Hall;
Proposal for
and
it
is
FURTHER RESOLVED, that submissions in response to the Request
For Proposal shall be due at the Lansing Town Hall by 4:00 p.m. on
Friday, October 21, 19940
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
Mr.
Town Hall.
was the
FURTHER RESOLVED,
that
the Town
of Lansing authorize
the Town
Supervisor
to advertise,
circulate
and post at the present Town
Hall
the
Request For
Proposal for
Architectural and
Engineering
services
for the design and
construction
of a new Town
Hall and to
make
such
Request For
Proposal
available
at the present
Town Hall;
and
it is
FURTHER RESOLVED, that submissions in response to the Request
For Proposal shall be due at the Lansing Town Hall by 4:00 p.m. on
Friday, October 21, 19940
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
Mr.
Town Hall.
was the
LaVigne discussed the draft of the bid package for the new
He stated that it will be sent out to 71 Architects. It
consensus of the Board to hold a preproposal meeting on
October
to go over
3, 1994 at 3:00 p.m.
the Architect
It was
proposals
also the consensus of the Board
on November 15th and 16th.
On motion, meeting adjourned at the call of the Supervisor at
10:59 p.m.
'6" , '64�'
U
0
