No preview available
HomeMy WebLinkAbout1995-09-20284 September 20, 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. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL Supervisor Present Councilman entitled Present Councilman - Annual Present Councilman fee of Present Councilman $ 11.50 Present Town Clerk Present Town Attorney Present VISITORS: David Herrick, George Totman, Mr. and Mrs. Robert Whipple and Linda Graham, The Supervisor called the meeting to order and had the clerk take the Roll Call. Proof of Notice having been furnished, the Public Hearing on Proposed Local Law #2 for the year 1995, which Local Law entitled " Amendment to Local Law No. 2 of the year 1979 - Annual Dog License Fees" was called to order at 7:00 p.m. No one appeared voicing any objection to the Proposed Local Law No. 2 of the year 1995, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7:03 p.m. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: WHEREAS, the Town of Lansing is responsible under Section 109 of Article 7 of the New York State Agriculture and Markets Law for the licensing of dogs within the Town of Lansing, and WHEREAS, under Local Law No. 2 of the year 1992, entitled Amendment to Local Law No. 2 of the year 1979 - Annual dog License Fees, the Town of Lansing charges a fee of $ 6.50 for the licensing of each spayrd or neutered dog and $ 11.50 for the licensing of each unspayed or unneutered dog, payable through the Town Clerk, and neutered dog and $ 12.50 for the WHEREAS, the Town Board of the hearing on September 20, 1995 at comment on the proposed amendment Town of Lansing held a 7:00 p.m. to receive to the Local Law No. 2 public public of the year 1992, dog License entitled Amendment to Local Fees. Now, therefore, it Law No. 2 of 1979 - is Annual RESOLVED, Local Law No. 2 of the year 1992, entitled Amendment to Local law No. 2 of the year 1979 - Annual dog License Fees, is amended to raise the Town portion of the licensing fee from $ 4.00 to $ 5.00 for a total annual dog licensing fee of $ 7.50 for the licensing of each spayed or neutered dog and $ 12.50 for the licensing of each unspayed or unneutered dog. Said Local Law shall take effect upon approval of the Secretary of State. 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. and Mrs. Robert Whipple of 112 East Shore Circle approached the Board regarding a lack of water on their property. Mr. Whipple explained that he had written a letter to Tom Jerram, Water Board Chairman, explaining his concern. At this time, Mr. Jerram is out of Town. Mr. Whipple read his letter to the Board which stated he would like a "spur" off the water main and he also felt three or four other neighbors would also be interested. All concerned households are within 300 feet or less of the Water District # 7 water line. Mr. Whipple provided the Board with a petition signed by all concerned people. Mr. Herrick stated that he I 285 continued September 20, 1995 would check into the financing regarding this and will have all the information together for the October 4, 1995 meeting at which time the Whipple's will attend. Proof of Notice having been furnished, the Public Hearing on Proposed Local Law No. 3 for the year 1995 entitled " Amendment to Local Law No. 1 of the year 1988" was called to order at 7:15 p.m. No one appeared voicing any objection to the proposed Local Law No. 3 for the year 1995, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7:27 p.m. Linda Graham who was representing Scott Hicks stated that Mr. Hicks had talked to Mr. Mike Nurchi who stated that they did not need any permit to haul any spoils coming in. Mr. Tvaroha' stated that the Town Board only wanted a letter from the DEC stating that there are no hazardous materials in what Mr. Hicks will be hauling in to the Town of Lansing. Linda Graham stated that she will obtain said letter from the DEC and get it to the Town Board. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, the definition of construction and demolition debris in Section 2 of Local Law No. 1 of the year 1988, entitled A Local Law Regulating Solid Waste Management Facilities, is amended to read as follows: Section 2. Definitions CONSTRUCTION AND DEMOLITION DEBRIS - Wastes resulting from construction, remodeling, repair and demolition of structures, land clearing and road building including road spoils and paving materials. Such wastes shall not include clean bricks, clean concrete and other clean masonry materials, clean soil, rock, denailed lumber and tree stumps. 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 Said Local Law shall take effect upon approval from the Secretary of State. Mr. Cleveland spoke to the Board on behalf of Mr. Pete Larson, stating the following: 1. The price difference between the 10 wheeler and the single axle was $ 11,000.00 on state bid. Mr. Larson felt it was worth it to purchase the 10 wheeler. The Board agreed. Mr. Herrick reported the following: 1. He showed the Board sketches of the proposed Town Hall project. Mr. Herrick and Mrs. Kirby will sit down with Mr. Tallman to discuss this further. 2. Bids are due in by October 18, 1995 for the proposed Water District No. 17. The easement maps are done for this project and someone will have to start going door to door to get these signed. Mr. John stated that he had talked to John Marabella and Paul Southard to see if N.Y.S.E.and Gas would like to be involved in the negotiating strategy for the easements. Mr. Marabella felt the process would be slowed down if N.Y.S.E. & Gas was involved. Mr. Tvaroha thought they might like to set a maximum amount that could be offered to individual landowners. 286 continued September 20, 1995 Mr. Herrick stated that sampling taps could provide curb boxes for some residents which could help the Town in negotiating with some of the residents. Mr. John will schedule a meeting with representatives from N. Y. S . E. & Gas and will then start on the easements within the next two weeks. Mrs. Kirby felt the Town might like to write a letter to all of the property owners who would be involved stating that a representative would be visiting them regarding easements. Mr. Herrick stated that Sharon Bowman could call ahead to the property owners to set up appointments. Mr. Herrick would like all of the easements signed by the end of October. Mr. John will draft a letter for Mrs. Kirby's signature to be sent to all individuals involved. 3. The end of January, 1996 has been set for the substantial completion date for Water District No. 17 with an alternate sub completion date later in the Spring. The final completion date is set for mid June, 1996, 4, Water District No. 17 - Extension # 9: Waiting for the Cemetery Association to sign the agreement. These people want the water right away. Mrs. Kirby stated that HUD wil to discuss project and program admi in Syracuse, New York. Mr. Herrick this meeting. The Board then made 1 be holding an informal meeting nistration on September 28, 1995 will not be available to attend the following resolution: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the Town Board hereby authorizes Sharon Bowman and /or Mrs. Jeannine Kirby to attend a meeting to be held in Syracuse, New York on September 28, 1995 regarding the HUD project and program administration process and BE IT FURTHER RESOLVED, that all expenses incurred are to be a Town charge. 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. Cleveland: WHEREAS, Water District 17 of the Town of Lansing contains land either wholly or partially within an Agricultural District, and WHEREAS, the New York State Department of Agriculture and Markets has requested, in connection with granting approval of the water system located either wholly or partially within an agricultural district, that the Town of Lansing agree to certain Special Permit Conditions of the Department of Agriculture and Markets for the construction and use of a water system within an agricultural district; therefore, it is RESOLVED, that the Town of Lansing, in connection with the New York State Department of Agriculture and Markets approval of the water system in Water District 17 that lies either wholly or partially within an agricultural district, agrees to the following Special Permit Conditions for water transmission mains located wholly or partially within an agricultural district: 1. Pipelines and all related structures shall be located in a manner that minimizes the disruption of agricultural lands. (Agricultural lands means any land that has been used for not less than two of the last five years for the production of agricultural products, except land that has been designated in an official land u • 1 continued September 20, 1995 use plan or has been zoned for uses that do not include agriculture). 2. Prior to the initiation of construction of the project's right -of -way (public or private), the permittee shall submit a plan that addresses the procedures and practices to be used in constructing all water /sewer lines that affect agricultural lands or appurtenant agricultural drainage facilities. This plan shall adhere to the Construction Standards for Water Transmission Mains Located Wholly or Partially in an Agricultural District. No construction shall be commenced prior to the approval of the plan by this Department. 3. If, after the construction of the water lines, a conflict arises between the water lines and an agricultural drainage project, the permittee shall bear all expenses associated with relocating the water line or drainage system. This expense shall be limited to a one -time accommodation of drainage projects that are designed in accordance with Soil Conservation Service and County Soil and Water Conservation District Standards. 4. The permittee shall not provide water to any new, non- agricultural customers who locate within the agricultural district after the date of this permit. Such customers may later be served if the agricultural district boundaries are modified to exclude them. (This future service restriction shall not apply to agriculturally related structures or to lands or structures that have been approved by the involved local governing body prior to the filing of the Notice of Intent with the New York State Department of Agriculture and Markets to construct the water line) . Vote of Town Board I I . Vote of Town Board (Aye) Vote of Town Board (Aye) Vote of Town Board (Aye) Vote of Town Board (Aye) (Abstained) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor Mr. Totman presented the Board with his monthly report showing he is down 13 permits but up $ 214,108.00. Mr. Totman handed out a Town Directory which will be kept updated by his office. Mr. Totman stated that Monica Roth from the Cornell Cooperative Extension will be present at the October 4th meeting to update the Town Board on the Agriculture Districts, Mr. Totman stated that the Town is suppose to send UPO a list of all underground facilities owned by the Town. If construction is to take place around any of these facilities, the Town would then have to stake out the utility before construction could take place. He stated that the Town would be notified by an office in Syracuse when work was to be performed. Mr. Cleveland did not feel the Town should be involved in this matter. Mr. Cleveland will check to see if Bolton Point will be locating the lines as maybe the Town will only have to locate sewer lines. Mr. Cleveland will also check with Bolton Point to see if they are staking out sewer lines for other Towns. Mr. Totman handed out a paper which Town Rep., Tom Todd passed out at the last County Board Meeting commending the County landfill employees on how they performed a good job regarding the Tompkins County Solid Waste. Mr. Tvaroha felt the solid waste fee should have decreased more than it did. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: W continued September 20, 1995 RESOLVED, that on recommendation from the Lansing Planning Board, the Town Board does hereby appoint Viola Miller Mullane to the new Tompkins County Planning Federation as the Town of Lansing representative. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Town Board does hereby authorized the bookkeeper to make the following Budget Modification: Transfer $ 10,000.00 from Highway Fund DB9901.900 to Highway Fund DB5112.400. (This is necessary to allow for the extra road paving which was completed during the summer). 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 In regard to the Agriculture Districts, Mr. John will try to find out more information and get back to the Board with his findings. AUDIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: General Fund 556 - 620 $ 77,239.60 Highway Fund 310 - 347 $ 921019.68 Lans. Wr, Dists. 24 - 25 $ 41890.51 Cap.Fund- Wr.2 -Ext.2 15 $ 500.00 Cap.Fund -Wr.18 10 $ 850.00 Trust & Agency 90 $ 11000.00 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 It was the consensus of the Board to allow Steve Colt, Lansing Recreation Director to pour a concrete floor in two ( 2 ) bays at the Highway Garage as the money is in the budget. It was also the consensus of the Board to allow Mr. Colt to enlarge the current storage area at the ballfield restroom facility and add a concession stand as there is also money in the budget for this project. Mr. Cleveland stated that he will contact Tim Bangs regarding the ambulance situation and he will also discuss the matter with Richard John. Mr. Cleveland stated that Mr. Tom Jerram is stepping down from the Lansing Water Board as Chairman as he will be moving out of the area. The following resolution was then adopted: RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: BE IT RESOLVED, that the Town Board recognizes the dedicated public service of Thomas Jerram who served as a member of the Lansing Water Board from May 1989 to September 1995. In recognizing the efforts of this citizen, the Town Board calls the attention to all residents of the Town of Lansing that the democratic working of Town government depends upon the time, effort and dedication of its citizens willing to act in a non -paid position. Democracy is only as good as the people who live within a community and it is like the old adage "you only get out what you put in ". The Town Board wishes him well and thanks him for his efforts 1 continued September 20, 1995 as a member of the Lansing Water Board. 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 certified copy of the above resolution will be sent to Mr. Jerram, Mr. Cleveland questioned the importance of a Water Board at • this time. It was the consensus of the Board to establish a Water Committee when the need arises. Mr. Cleveland will get the opinions of the present Water Board members regarding this matter and get back to the Town Board at the October 4th meeting. Mr. John discussed the NYMIR and PERMA policies that require the Town to get into lengthy programs for loss control management both on the Workman's Compensation and the General Liability. Mr. John stated that the Prior Notice Statue may have to be amended in the near future. The NYMIR program requires the Town to go through a loss control management program which is fairly time consuming. It will also involve appointing a safety coordinator and a safety committee to review any possibly accidents. The Town will be rated on a 600 point system that will have an effect on the Town premiums. The Town Board will consider a person for the position of safety coordinator and persons to the safety committee. This will be discussed at a later date. Mr. John stated that there are still outstanding easements and the bridge situation has to be resolved in the Myers Heights area before that water district can proceed. Mr. Herrick will check with the County to see why the County wants the Myers Bridge one lane instead of two. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a situation on Mill Street in Ludlowville at 9:10 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:28 p.m. On motion, meeting adjourned at the call of the Supervisor at 9:29 p.m. • i� Q