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HomeMy WebLinkAbout1995-06-21243 JUNE 21, 1995 The Lansing 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 Absent Paul Butler Councilman Present Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: David Herrick, Pete Larson and George Totman, The Supervisor called the meeting to order and had the clerk take the Roll Call. Mr. Larson spoke about the following: 16 A tentative date of June 27th has been set for hauling material from Myers Park to Cornell University. 2. Mr. Larson stated that he would like to schedule road improvements for sometime in July or August, therefore the following resolution was adopted: RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the bookkeeper is hereby authorized and directed to transfer $ 90,000.00 from DB9901.9 (Reserve) to DB5112.4 (Hwy. Improvements) so that Mr. Larson can schedule repairs on some Town roads. 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 recommended to the Town Board that Mrs. Joan Kobasa receive a raise in pay as he feels this is warranted. No dollar amount was suggested. Mr. Herrick reported the following to the Board: 14 Water District No. 17: The Dunkle survey for the tank lot has been completed. He would like to continue with the design process. 2. After some discussion regarding the tank site and the Cemetery Association it was the consensus of the Board to have Mr. John contact Mrs. Frankie Lechner to set up another meeting on July 5th, 1995 to try and work out something so he could go ahead with the Water District. 3. District No. 7 Ext. No. 9. The Tompkins County Highway • Department is responsible for preparing a preliminary structural design for the Myers Road Bridge that the Town could rely on to finish up the water main design. As of the first week in June, they had not accepted a consultant to perform the work. Mr. Herrick recommended that Mrs. Kirby ask Mr. Mobbs how this is progressing. RESOLUTION offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss the situation with the County and their potentially revoking their resolution which authorizes them to take care of the bridges. (7:38 p.m.) Carried. 24� continued June 21, 1995 RESOLUTION, of f ered by Mr. Tvaroha and seconded by Mr . But 1 er RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 7:50 p.m. Carried RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: WHEREAS, in 1946, pursuant to the New York State Highway Law, ' the Tompkins County' Board of Representatives resolved to take over the bridges having a span greater than 25 feet located outside of the City of Ithaca, and . WHEREAS, the County of Tompkins, through its Highway Department, has had the responsibility for repair and maintenance of bridges having a span greater than 25 feet located outside of the City of Ithaca over the past 49 years, and WHEREAS, repairing and maintaining these bridges is an essential function of Tompkins County government which involves responsibility for the safety and well being of all Tompkins County residents, and WHEREAS, the County of Tompkins Board of Representatives has ceased allocating sufficient funds to properly maintain the Tompkins County bridge system leading to the closure of several bridges and the inevitable closure of others, and WHEREAS, the failure to maintain and repair the bridge system in a timely manner has greatly reduced the life span of the bridges in Tompkins County and tremendously increased the cost of repair, and WHEREAS, the failure to repair and maintain the bridges has led to long detours and limited access to many areas of the County. These detours are not only inconvenient to the residents, but create a dangerous situation for rural residents in that response and return times for emergency vehicles has been impeded, and WHEREAS, the failure to repair and maintain the bridges has created a potential liability for the County of Tompkins in that the danger of accidents and bridge failures is increased, and WHEREAS, the County of Tompkins has failed to present a budget or plan which would accomplish either reopening of the closed bridges or performing the postponed repairs and maintenance on the bridges which are still open, and WHEREAS, in preparing the Board of Representatives is cons revoke its 1946 resolution, statutory responsibility which maintenance of bridges within t the repairs and maintenance it this cost and potential liabili County budget for 1996, the County idering passing a new resolution to thereby attempting to avoid its it undertook for the repair and he County, to avoid the expense of undertook to provide and to shift ty to the Towns, therefore, be it RESOLVED, that the Town Board of the Town of Lansing opposes any attempt by the Tompkins County Board of Representatives to revoke its 1946 resolution in which it assumed responsibility for repair and maintenance of bridges in the County having a span greater than 25 feet located outside of the City of Ithaca, and be it FURTHER RESOLVED, that the Town Board of the Town of Lansing takes the position that the Tompkins County Board of Representatives does not have a basis under the law to revoke its prior 1946 resolution which assumed responsibility for repair and r continued June 21, 1995 maintenance of bridges in the County having a span greater than 25 feet located outside of the City of Ithaca, Jeffrey Cleveland, Councilman particularly where Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Tompkins County has failed to perform its statutorily mandated responsibility for repair and maintenance of the bridges, and be it FURTHER RESOLVED, the Town Board of the Town of Lansing requests that the Tompkins County Board of Representatives acknowledge bridge repair and maintenance as an essential function of government by allocating sufficient funds in the 1996 budget to repair and maintain the bridges it has assumed responsibility for, and be it FURTHER RESOLVED, the Town Board of the Town of Lansing requests that the Tompkins County Board of Representatives • acknowledge bridge repair and maintenance as an essential function of government by preparing a plan for the reopening of the closed bridges and performing the postponed repairs and maintenance on the bridges which are still open, and be it FURTHER RESOLVED, the Town of Lansing agrees to work with other Towns in Tompkins County to ensure safe and reliable bridges for the residents of Tompkins County. 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 4. Ladoga Landing was in agreement with the water mains going across their property but they had three conditions: 16 They would like the water main to be installed along the north edge outside of the stone driveway and the driveway be returned to the preconstruction condition. 2. The easement along the easterly property line be returned to grass with bollards and planted vegetation at each end to limit unauthorized vehicle access. 3. The trench excavation soil would be available from the contractor at Ladoga Landings request to use as grading purposes (This item would be strictly between the contractor and Ladoga Landing), 58 TOWN OF GENOA WATER REQUEST. Kevin Kauffman has drafted proposals to address the issue of ownership of Bolton Point. Two proposals have been made as follows: 16 Based on todays current capacity and consumption and the amount of money each municipality has contributed to the plan that the capacity be broken up based on the formula that takes these factors into account. 2. Leave things as they are, pay as you go and each municipality would continue to have an undivided share in the capacity of the facility - first come, first serve. Mr. Herrick recommended to the Town Board that the Town of Lansing go along with the second proposal. This matter will be discussed at a Committee Meeting on Monday. It was the consensus of the Board to have Mr. Herrick attend this meeting and report back to them. 6. VILLAGE CIRCLE TANK: Mr Tank Industry Consultants to of Dryden, Village of Lansing this together, there would be the Town of Lansing's share following resolution was then . Herrick has received a quote from evaluate three tanks, being the Town and Town of Lansing. If all three do a savings to each municipality with to be approximately $ 4,560.00. The adopted. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: RESOLVED, that on recommendation from David Herrick, the Town �L continued June 21, 1995 of Lansing does hereby authorize Paul Butler, Councilman Tank Industry Town Consultants to evaluate Jeffrey Cleveland, Councilman and analyze the Village Board . . . Circle tank at a price not to exceed $ 4,560.00 which could install would two come out of cost the 51% O & M Account. 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 7. DISTRICT NO. 21 EXT. NO. 2: LRS Excavating has completed their punch list in the Ladoga area. There were two (2) complaints as follows: 1. Mr. Bennett was concerned about a splice repair that took place. Mr. Northrup was satisfied with the repair so Mr. Herrick recommended that Mr. Bennett be notified by letter stating that if there is a short in that line in the future caused by that splice, we would have to repair it out of the O & M fund. 2. Mr. Egbert was not satisfied with the way the stone was put back. Mr. Northrup disagreed with Mr. Egbert as he felt the stone was in as good or better condition than it was in the beginning. Mr. Larson did bring in some more gravel to satisfy Mr. Egbert. It was the consensus of the Board to pay for this out of the O & M Account. Mr. Cleveland will contact Mr. Egbert regarding this. Mr. Mahool thanked Mr. Herrick and stated he was satisfied with the gravel job. 82 asked felt CHANGE Town ORDER SURVEY of - WATER Town of DISTRICT does NO. 18: Change Mr. but felt Herrick originally rejected two as he the Town Highway L.R.S. for their price figures on four (4) items was too high and also Department could do the jobs. He felt the Town could install Vote two (2) bollards could (L.R.S. do the fabrication cost was $ 1,035.00). of hydrant flags 51% He (L.R.S. also felt price the was Town over $100.00 each). Mr. Herrick recommended that L.R.S. do: 1. Install railing on top of the pressure reducing vault at a cost of $ 855.60. 29 Install black top collars around the water main valve boxes at a cost of $ 1,635.00, making the total change order amount $ 2,490.60 which would be a Water District No. 18 project cost. RESOLUTION offered by Mr. Butler and seconded by Mr. Cleveland. RESOLVED, that the Town Board SURVEY of RESULTS: the Town of Lansing does hereby authorize Change Order No. 1 for Board Water District of No. 18 in the amount of $ 2,490.60. ROAD SURVEY RESULTS: 26 responded out of Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor 94 DRAKE ROAD SURVEY RESULTS: 26 responded out of 42 surveys. He did He also stated that 120 of not feel this was a good response. those who responded were low to moderate income and you would need 51% for HUD's approval. Mr. Herrick will send out a second questionnaire to those who did not respond. Mr. Totman handed out his monthly report stating he was even in permits with last year and ahead in dollars by $ 1,841,801.00. (This figure does not include $ 3,873,962.00 from N.Y.S.E. & Gas permit in 1994). He also informed the Board of the following: 1. Mr. Gillmore who lives across the road from 36 Mill Street is having a serious problem with the people who live there. Mr. Totman will do what ever he can to help Mr. Gillmore with this problem. 2. Mr. Totman spoke to a man from the Department of State CI 247 continued June 21, 1995 regarding the Ice Skating Rink who informed Mr. Totman that if the Town did not pass a resolution stating that the Code Enforcement Office would be responsible for inspections in public assembly areas, the State would handle it. The following resolution adopted by the Board: was then RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the State of New York has responsibility for the inspection of places of public assembly in the Town of Lansing pursuant to Article 17 of the New York State Labor Law, and WHEREAS, the • New York State enforcing the pro, Law and the rules Code Enforcement Town Labor vision; adopt Office of Lansing, pursuant to Section 472 of the Law, may assume the responsibility for of Article 17 of the New York State Labor ed thereunder, through the Town of Lansing therefore it is RESOLVED, that the Town of Lansing shall assume responsibility for enforcing the provisions of Article 17 of the New York State Labor Law and the rules adopted thereunder, through the Town of Lansing Code Enforcement Office and a duly certified copy of this resolution shall be sent to the Commissioner of the Department of Labor. 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 1994 that he the time. Th on their own is expected Totman stat voted for bi e Local Law s property. Mr. to be put int ed that the County passed a Local Law in Lt did not realize the severity of it at tates that a person cannot bury anything Totman stated that a "Member" resolution o place soon. 4. Mr. Totman stated that the Tompkins County Planning Board has a committee entitled "Tompkins County Planning Federation" who is represented by Town's with Planning Boards and he strongly recommended that the Town appoint someone to this Board. Mrs. Kirby will contact Mr. Larry Sharpsteen and have the Lansing Planning Board appoint a member or members to this Board. 5. Mr. Totman received a letter from Atty. George Pfann who is representing Donald and Ruth Swearingen. He believes a spring is located on subdivision Lot 36 and extends southwesterly across Lots 26, 15 and 13, under the road and continues through Lot 12 to the Swearingen property. Mr. John will research this and get back to the Town Board. It was the consensus of the Board to allow Mr. Rich John to attend a meeting on the Drug and Alcohol situation. A discussion was held regarding leaving the decision of the • lake level up to the authorities of the State. No action was taken at this time. 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 with a correction on the third requisition from L.R.S. which should not have 200 cubic yards of stone added in the amount of $3,700.00. General Fund 320 - 385 $ 100,572.03 Highway Fund 198 - 239 $ 161,806.67 Lans. Wr. Dists. 16 - 17 $ 11057.24 245 continued June 21, 1995 McKinney Water 4 $ 153.43 Cap. Fund Wr.2 -Ext.2 9 $ 1,339900 Cap. Fund Water 18 8 $ 17,536.60 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 A copy of the minutes of April 19th, May 3rd, 17th, 24th and May 31, 1995 having been furnished to the Board Members beforehand, and May 31st, the Supervisor asked for a motion to make corrections or to accept as the same as submitted. IV Section 6 dealing with the treatment of sick days upon RESOLUTION offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED that the minutes of April 19th, May 3rd, 17th, 24th and May 31st, 1995 are hereby approved as submitted. Carried. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Butler: WHEREAS, the Town board of the Town of Lansing has, by prior resolution, adopted a Policy and Procedure Guide for the Town of Lansing, and WHEREAS, the Town Board of the Town of Lansing, after due of of of of Town Town Town Town Board . . . Board . . . Board . . . Board . 0 . consideration, has decided to amend the Policy and Procedure Guide with respect to Article IV Section 6 dealing with the treatment of sick days upon retirement, therefore it is RESOLVED, that the Town of Lansing shall amend the second paragraph of Article IV Section 6 of its Policy and Procedure Guide to read as follows: One sick day per month is accrued by regular full -time employees, up to a maximum of 100 days. Upon retirement the dollar value of accumulated sick time (based upon the employee's rate of pay at the time of retirement) will be applied toward the cost of the retired employee's portion of the health insurance premium. No payment for accumulated sick time will be made for a non - retirement termination. 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. John stated that he talked to Roger Sovocool and he is willing to take around a letter Mr. John drafted to all residents south of the culvert on Bill George Road for their approval. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the Town Board of the Town of Lansing hereby authorizes Town Justice, William Burin to attend a Justice School in Canton, New York July 24th through July 28, 1995 and BE charge. IT FURTHER RESOLVED, Vote Vote Vote Vote of of of of Town Town Town Town Board . . . Board . . . Board . . . Board . 0 . that all charges are to be a Town (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor 1 • • • continued June 21, 1995 RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: RESOLVED, Executive Session that to the Regular Meeting discuss Highway be adjourned to Superintendent and go into Highway Secretary matters at 9:40 p.m. Meeting be Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Executive Lansing hereby of Joan Kabasa Session be terminated at 9:41 p.m. and the the first pay period Regular Meeting be reconvened. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, authorizes the that the Town bookkeeper to increase Board of the Town of the hourly pay Lansing hereby of Joan Kabasa to $ 8.78 per 1995. hour effective the first pay period after July 1, 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 Mrs. Kirby informed the Board that as of July 1, 1995 Larry Tvaroha will replace Sharon Bowman as Deputy Town Supervisor. On motion, meeting adjourned at the call of the Supervisor at 9:46 p.m.