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HomeMy WebLinkAbout1995-04-1921� April 19, 1995 The Town Board met in Regular 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 Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: George Totman, Pete and Jackie Larson, David • Herrick, Roger Sovocool, John Haring, Ronald Ronsvalle and Harlan Redder. The Supervisor called the meeting to order and had the clerk take the Roll Call. Mr . Roger Sovocool , Mr. John Haring, Mr . Ron Ronsval l e and Mr . Harlan Redder approached the Board regarding two problems in the Milliken Station Road Extension area. The first problem concerns the two culvert pipes that the Town installed years ago and the second is in regard about 500 feet of road at the foot of Milliken Station hill that crossed the railroad tracks. Mr. Sovocool read some passages from old minute books beginning in 1952. These concerned the bridge and maintenance of the road and culverts. He stated that the railroad furnished to the Town, two (2) large concrete pipes and railroad curbing and the Town would do the work. He also stated that the Highway Superintendent was authorized to build a Highway above the railroad. Mr. Sovocool stated that he was concerned about the dangerous condition of the two side by side pipes and the heavier run off from the creek since the new Milliken Road has been completed. He would like to see one large open culvert installed. Mr. John Haring showed the Town Board pictures of the area the night of August 18, 1994 when there was 4 inches of rain. Mr. Haring also asked why the Town could take over Bill George Road and not their road. Mr. John stated that this was a different situation. Mr. Sovocool also stated that he would like to see the Town take over the road if possible. Mr. Haring asked the Town to do minimal repairs to the road and he also would like to see the Town take over the road. Mr. Tvaroha asked Mr. Haring and Mr. Sovocool if they felt it was a Town Road or a Private one and they both felt it was a Town Road. Mr. Tvaroha would like to work on one problem at a time. Mr. Larson felt that the tree located on or near Mr. Ronsvalle's property would be a big problem. Mr. Cleveland felt the Town should do something with the culverts. Mr. Larson and Mr. Herrick will review the situation and get a price on a single low profile pipe and get back to the Board with • their findings. Mr. John will also do some research and get back to the Board. Mr. Larson informed the Board of the following: 1. Bidding has taken place on the road widener, therefore the following resolution was offered: RESOLUTION offered by Mr. Beckwith and seconded by Mr. Butler: WHEREAS, the Town of Lansing has entered into a Municipal Cooperation Agreement dated December 20, 1994 with the County of Tompkins and the Town of Dryden for the joint purchase of a Roadwidener, and 218 continued April 19, 1995 WHEREAS, one bid was received and opened from the Syracuse Supply Company of Vestal, New of One Hundred Sixty Three Thousand Dollars ($163,000.00), within the amount budgeted for this purchase, Departments from the three municipalities on March 23, 1995 York in the amount which is and the Highway have recommended acceptance of the Board . . . bid, and Herbert Beckwith, Councilman Vote Vote WHEREAS, under the Municipal Cooperation Agreement, the municipalities have agreed to apportion the cost of the Roadwidener as follows: County of Tompkins $ 96,170 Town of Dryden $ 39,120 Town of Lansing $ 27,710 • Now therefore it is, RESOLVED, that the Town of Lansing approve acceptance of the bid for the Roadwidener and authorize the County of Tompkins to proceed with the purchase of the Roadwidener and to authorize reimbursement to the County of Tompkins for the Town of Lansing's apportioned share of the cost in the amount of Twenty Seven Thousand Seven Hundred Ten Dollars ( $ 271710.00) Vote The repair of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote is of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote Jeffrey of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote (Aye) of Town Board . . . (Aye) Jeannine Kirby, Supervisor 2. The repair of list Board . . . (Aye) came in Vote from of Bolton Point regarding the water lines and this Paul Butler, is Vote almost of Town finished (Aye) Jeffrey Cleveland, Councilman Vote up. 3. Brush and limb pick -up will start Monday. 4, Mr. Larson seems to think a driveway is being built on top of water lines off of Cherry Road in the Town. A letter will be addressed to the owner stating that this is happening, the Town may have to dig up his driveway if there is ever a problem in the future with the water lines as the Town has a right -of -way (filed 11/11/94). Mr. Totman will look over the situation and get back to the Board. Mr. Herrick reported the following: 12 The rock is very solid on Emmo if the tank could be placed on the John the Miller property on Ridge Road. Mrs. John will contact Mr. Dunkle regarding this process should take place as soon Mr. Herrick stated that the L ns Road and wou Dunkle propert, Kirby, Mr. Her this matter. as possible. ong Assessment ld be better 7 instead of rick and Mr. It was felt Form is the next step. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: RESOLVED, that the Town Board of the Town of Lansing does • hereby authorize and direct the Supervisor to review and sign the Long Environmental Assessment Form when she is satisfied with the contents of it. 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 Mr. Herrick stated that he met with the County Highway Department and they will be getting a preliminary bridge design back to Mr. Herrick by May 13, 1995. He stated that the financing • n U continued April 19, 1995 for the project is critical. Armstrong's were brought into Mrs. Kirby stated that she has discussed this situation with Barbara Blanchard and is waiting to find out if the County would reimburse the Town within five (5) years, with interest if the Town fronted the money for the Myers Road bridge repair. She will report back to the Board when she rules has the answer. to have The Town received the water supply permit for Water District No. 12. The archaeological portion was waved so that the permit could be obtained. It also stated that any future development of any lots or any future water mains extensions in this district has to have an archive survey completed. The Town Board felt a letter should be written to the new Commissioner, making him aware of this. Mr. John will prepare said letter to the new Commissioner and also to Mr. Lane, Mr. Malloy, Mr. Schlecht, Mr. Hallburg, Mr. Mahool and Mr. Leathers (landowners) explaining this situation. Mr. Totman reported the following: 1. He handed out his monthly report which stated the following: As of 04/19/95 Permits Estimated Costs 1994 26 1995 29 116841121.00 Last fall the Armstrong's were brought into 2,498,171.00 were given until Spring to clean up their property. Ahead of 1994 by three (3) permits and $ 814,050.00. (The above figures are without the one permit we had last year from NYSEG for $ 38,739.62. 2. Last fall the Armstrong's were brought into Court and were given until Spring to clean up their property. Mr. Totman will keep the Board informed. He also had the Nalley's in Court last fall and will keep in touch with them to keep their property in order. pools and hand it out to people instead of having Town of Lansing 3. The Directory is in the computer up to October, 1992. This will include tax map numbers. 5o Mr. Totman would like the following two ( 2 ) things in the Sign Ordinance changed: 10 The term: signs in "excess of 9 square feet needs to be clarified ". 2. Would like to change the statement that say's a sign must be 10 feet from the road right -of -way. He would like this removed from the ordinance as he feels it serves no purpose. Rich John will proceed with this. 6. Mobile Homes are not listed in the Ordinance. Mr. Totman has a person who would like to replace her single wide mobile home with a double wide. In the zoned area, non - conforming use means you can keep using it but you cannot expand it. It was the consensus of the Board to have Mr. Totman check with other Town's regarding this matter. They also suggested he send the lady to the Zoning Board of Appeals to see if they would allow her to replace her single wide with a double wide. Mrs. Kirby stated 4. Mr. Totman stated Town Board that he made up some rules and regulations for swimming pools about two (2) years ago and has been going by them to date. He would like to set a date for a Public Hearing for Local Law No. 2 to enforce these rules and regulations. Ithaca Agency. It was After some discussion, it was the consensus of the Town Board to have Mr. Totman copy the New York State code for swimming pools and hand it out to people instead of having Town of Lansing rules was and regulations. to have 5o Mr. Totman would like the following two ( 2 ) things in the Sign Ordinance changed: 10 The term: signs in "excess of 9 square feet needs to be clarified ". 2. Would like to change the statement that say's a sign must be 10 feet from the road right -of -way. He would like this removed from the ordinance as he feels it serves no purpose. Rich John will proceed with this. 6. Mobile Homes are not listed in the Ordinance. Mr. Totman has a person who would like to replace her single wide mobile home with a double wide. In the zoned area, non - conforming use means you can keep using it but you cannot expand it. It was the consensus of the Board to have Mr. Totman check with other Town's regarding this matter. They also suggested he send the lady to the Zoning Board of Appeals to see if they would allow her to replace her single wide with a double wide. Mrs. Kirby stated that the Town Board has a scheduled meeting with Mr. Doug Hagin concerning the Insurance the Town carries with Ithaca Agency. It was the consensus of the Board to have Mrs. Kirby cancel this meeting as they did not feel it was necessary to have 219 220 continued April 19, 1995 him come in. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith$ RESOLVED, that the Town Board of the Town of Lansing does hereby accept the proposal from T. G. Miller Assoc.,p.c. for the sub - contract with Peter Novelli for engineering services for Lansing Water District No. 17, Extension No. 10 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 A copy of the minutes of April 5, 1995, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the minutes of April 5, 1995 are hereby approved as submitted. Carried. AUDIT RESOLUTION: offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the Town Board does hereby authorize and direct the bookkeeper to pay the following bills: General Fund 169 - 239 $ 74,427.65 Highway Fund 114 - 152 $ 118,743.02 Water Districts 12 $ 11872.77 Cap. Fund Wr. . 2, Ext . 2 4 - 6 $ 691009e4`7 Cap. Fund - Wr. # 18 4 - 5 $ 901586.77 McKinney's Wr. Dist. 2 $ 11500.00 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. Beckwith and seconded by Mr Butler: RESOLVED, that the Town Board of the Town of Lansing does hereby authorize the expenditure of up to $ 150.00 by the Supervisor of the Town of Lansing for the cost of a luncheon attended by other Supervisors, Mayors and Cornell reps. Said luncheon takes place about once every six weeks and is paid for by a different Municipality each time. 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 (Abstained) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized to make the following Budget Modification: • continued April 19, 1995 Amount. From: To: a lawsuit having Ruth Juracka, Petitioners, $ 31281.48 A8745.100 A8745.400 & Rip Flood & Erosion Flood & Erosion Rap used as back - Personal Services - Contractual Shale fill on North shoreline Board of the Town of Lansing, Respondent, of Lansing Intervenor Park along Salmon Creek outlet. Vote Vote Vote Vote Vote of of of of of Town Town Town Town Town Board Board Board Board Board . . . . . . . . . . . . . . . (Aye) (Aye) (Aye) (Aye) (Aye) Herbert Paul Butler, Jeffrey Larry Jeannine Beckwith, Councilman Councilman Cleveland, Councilman Tvaroha, Councilman Kirby, Supervisor RESOLUTION offered by Mr. Butler and seconded by Mr. Tvaroha: • RESOLVED, that the Town Board of the Town of Lansing does hereby approve the agreement submitted by T.G. Miller for engineering services for the proposed new Town Hall. 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 Mr. Cleveland questioned what the actual Town cost would be for the Trailways project. Mr. John stated that the land donated by the Fire Company, School and church could be used. Mr. Cleveland stated that someone was interested in operating a sandwich truck on the ball fields. The clerk is to find a set of specifications and give to Mr. Cleveland. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Regular Session be adjourned to go into Executive Session to discuss the Bill George Road situation at 9:58 p.m. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Executive Session be terminated at 10:10 p.m. and the Regular Meeting be reconvened. Carried. • RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: WHEREAS, Juracka and a lawsuit having Ruth Juracka, Petitioners, been commenced versus entitled Anthony the Town and J. Town Board of the Town of Lansing, Respondent, and Eric Trotter, Intervenor Index Number 89 -1001, RJI 89 -0667 venued in the County of Tompkins, State of New York, the Honorable Walter J. Relihan, Jr., presiding, and WHEREAS, the Petitioner, Anthony J. Juracka having died March 31, 1990, and the Petitioner, Ruth Juracka, by the decedent's last will and testament dated June 19, 1981, having been appointed executrix of the Estate of Anthony J. Juracka, and continued April 19, 1995 WHEREAS, this matter is currently set down for trial to commence on May 08, 1995, and WHEREAS, the Town of Lansing has solicited the opinions of, and conducted several public meetings with, the residents of the Bill George Road Extension and those residents have all indicated that the roadway in its present condition is safe and rebuilding the roadway to current Town of Lansing specifications is neither desired or required and would not benefit the community and the public in general, and Court WHEREAS, for the the New York State Appellate Division Third Department has determined in Danial of the Supreme versus Town of Delhi, 185 that there AD2d 500 (3rd Dep't 1992) is no benefit to the that upon a community and finding by the public the in Town general, open the a road to Town is not required by Highway Law Section 189 a three rod right of way, and to and WHEREAS, the wish to enter parties into to the lawsuit a Stipulation and have Order reached an to settle agreement this case 2upo.n the record, and or now, therefore, public in general, the residents of it is not desired Extension, or requested and it is RESOLVED, Lansing specifications that rebuilding to a three the road to the current Town rod right of way is not required of by Highway Law Section 189 and will not benefit the community or the by public in general, the residents of and such action the Bill George is Road not desired Extension, or requested and it is FURTHER RESOLVED, that the Town Board of the Town of Lansing authorizes the Supervisor of the Town of Lansing to sign the Stipulation and Order settling the lawsuit, and it is FURTHER RESOLVED, that the Bill George Road Extension shall be a Town Road of the Town of Lansing and the Town of Lansing shall be responsible for maintenance, repair and snowplowing of the road. The Town may improve the driving surface, replace and /or expand the culverts under the road, improve the existing guardrail at the entrance at the northern end (the portion of the roadway that runs along tax map parcels 24 -2 -18, 24 -4 -1 and 24 -4 -2) and add a guardrail at the turn around at the southern end of the Bill George Road Extension (the portion of the roadway that runs along tax map parcel 24 -5 -3), but shall otherwise limit construction and improvements to the current width of the road. The Town specifically agrees to not place guardrails along the portion of roadway 4-6, 24 that -5 -1.1 runs along and 24- 5 -1.2, tax map parcels 24 -4 -3, 24 -4 -4, 24 -4 -5, 24- and it is FURTHER RESOLVED, that the Town Board makes this resolution based upon the condition that the Petitioner, Ruth Juracka, individually and on behalf of the Estate of Anthony J. Juracka, and the Intervenor, Eric Trotter, shall execute the necessary documents to release and discharge the Town of Lansing, the Town Board of the Town of Lansing, its employees, agents, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the Town of Lansing, the Town Board of the Town of Lansing, its employees, agents, successors and assigns it ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from beginning of the world to the day of the date of the Stipulation and Order, limiting the foregoing to those events and conditions giving rise and surrounding Anthony J. Juracka and Ruth Juracka, Petitioners, versus the Town and Town Board of the Town of Lansinq, Respondent, and Eric Trotter, Intervenor Index Number 89 -1001, RJI 89 -0667 Tompkins, State of New York, the Honorable presiding. venued in Walter J. the County Relihan, of Jr., • • continued April 19, 1995 Vote of Town Board . . . (Aye) Vote of Town Board . . . (Aye) Vote of Town Board . . . (Aye) Vote of Town Board . . . (Aye) Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor Mr. Tvaroha recommended the Town amend the Town Policy to include a new sick leave policy. Mr. Tvaroha will write this up in common language and discuss it with the Highway Department. On motion, meeting adjourned at the call of the Supervisor at 10:21 p.m. • L 2�:3