HomeMy WebLinkAbout1996-08-21AUGUST 21, 1996
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
Present
Councilman
Present
Councilman
Present
Councilman
Present
Town Clerk
Present
Town Attorney
Present
The Supervisor called the meeting to order and had the clerk
take the Roll Call.
VISITORS: Dave Herrick, George Totman, Pete Larson, Kim Davis,
Andy LaVigne, Russell Moore and one other representative from
CBORD.
Dave Herrick discussed the Village Circle tank, Bean Hill tank
and the operation and maintenance regarding both tanks with the
Board.
Mr. Tvaroha asked Mr. Herrick who represented the Village of
Lansing and Mr. Herrick stated that T.G. Miller Associates also
represented them.
It was decided that a meeting be set
come to terms with the concept, Mr. Herrick
included in the talks. The Town Board will
the next meeting.
up with the Village to
strongly urged sewer be
discuss this further at
Mr. Larson discussed the following with the Town Board:
He would like to pave Davis Road and asked for the funding to do
so. He will check with the bookkeeper tomorrow to see if the funds
are available.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr
Cleveland:
RESOLVED, that the Town Board does hereby authorize Mr. Larson
to pave the portion of Davis Road from Lansingville to Jerry Smith
Road if the bookkeeper has funds available for said project.
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
Vcte of Town Board (Aye) Jeannine Kirbv, Supervisor
Stormyview'drainage project has been finished.
Mr. Larson asked Mr. John about the maintenance on Autumn
Ridge Road. Mr. John felt the Village would have to prove the
Town's responsibility by showing a written agreement. Mr. John felt
the Village had Autumn Ridge by "a road by use" and did not feel it
was the Town's responsibility. Mr. John will write a letter to the
Village Attorney to see if an agreement could be made.
Mr. Cleveland would like to get this problem worked out one
way or another.
If the Town meets with the Village, the Town Board would also
like to take care of problems with Cherry Road, Sunpath Road,
Horizon Drive and Bush Lane.
Mr. Tvaroha asked Mr. Larson why he would be doing work in
Salmon Creek, Mr. Larson stated that Soil Conservation has applied
for money to, repair, the creek. M.. Larson .stated that there are
trees across the creek that will not allow the water to flow. Mr.
Larson unaerstood'that if Soil Conservation came up with the money
and the permits, the Town would be allowed to clean the creek. Mr.
125
126
continued August 21, 1996
Larson would be liable to furnish the operators and the fuel for
the dozers and excavators . This would take' a maximum of two months.
Mr. Tvaroha stated that the DEC regulatory affairs department
stated that they were beside themselves to think that anyone would
even drive in the creek.
Mr. Larson stated that Harry Mussell from the Soil
Conservation Department has assured him that when the money is
available he will have the necessary permits right a way.
Mr. Tvaroha stated that he will contact Mr. Mussell and the
DEC to try to get a better understanding in this matter.
Mr. Kim Davis explained to the Town Board that the Town may
have to buy one or two more voting machines in the future. He
stated that a new machine would cost approximately $ 5,000.00. Mr.
Davis stated the Election Law has changed so that if you move
within your present Election District, you do not have to re-
register to vote. At some point, the Motor Vehicle Department will
handle ti ?e �roter regi�tratibris. He stated that the Town might not
have to buy a new machine for the next four or five years and that
it was his opinion that we should not but any until we have to. He
stated that two new districts could be created but he felt it was
unlikely in the near future.
Two representatives from CBORD approached the Board regarding
Town land that they were interested in renting. It was stated that
the Village owns both of the water tanks that are on the land, the
Town just owns the land they sit on. The Town Board felt the rent
agreement should be brought up for consideration every five (5)
years according to the CPI. A figure of $ 2,200.00 per year for
rent was given to the CBORD group. The representatives from CBORD
questioned the amount of the rent as they felt since there were
water towers on the land, they should not pay the entire
$ 21200.00.
After some discussion, the following resolution was duly
adopted by the Town Board:
RESOLUTION,. offered by Mr. Tvaroha, and seconded by Mr.
Beckwith:
WHEREAS, the CBORD Group, Inc., has requested the Town Board
to approve the lease of a parcel of property located on Brown Road
in the Village of Lansing for use as a parking lot in conjunction
with the construction of a new building for the business, and
WHEREAS,
the CBORD Group,
Inc. has proposed
to lease the
property over
a 25 year term, to
pay
the Town
of Lansing
$ 21200.00
annually as
rent, to adjust
that
rental
every five years in
accordance with the change in
the
consumer
price
index, and to
allow the option
to renew the lease
for two
25 year
terms, and
WHEREAS, there are two water tanks on the property which are
owned by the Village of Lansing and are part of the Village of
Lansing water system and the Town of Lansing does not own, operate
or control these water tanks, the Toren of -Lansing is not
responsible for: these-- tanks and therefore can neither indemnify nor
hold CBORD harmless in regard to any claim or damage related to the
water tanks any lease must indicate the same, and
WHEREAS, the Town Board has determined the Town of Lansing has
no present plans for the use of the property and it is in the
public interest to include the property in the tax rolls and to
assist a local business to remain in the Town of Lansing,
therefore, it is
RESOLVED, that the Town Supervisor is authorized to present a
proposed lease containing the above - mentioned terms to the CBORD
Group, Inc.; and to execute the lease in its present form on behalf
of the Town of Lansing.
CJ
0
continued August 21, 1996
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, Tvaroha stated that he would like to look over the
situation and discuss it at the next meeting.
Mr. John will -:fax said agreement to CBORD tomorrow and it will
state the price of $ 2,200.00 per year that could be negotiated at
a later date.
0 Mr, Herrick reported the following to the Town Board:
1, WATER NO. 7, EXT, NO. 1:
Pump station is running smoothly and will be manually
operated until NYTEL completes the phone line installations on
August 30, 1996,
- Tank site work is complete and trees are planted,
Mr. Herrick reviewed the cost status reports.
2. WATER NO. 17, EXT. NO, 3 (Fiddler's Green):
- Route survey is complete and design drawings should be
finalized by Sept ember'18, 19 ,961
Project could be bid from 9/23 - 10/1S and awarded as
early as 1'0/16,—depending on State Comptroller approval.
3, WATER DISTRICT NO. 7, EXT. NO. 9 (HUD):
- Mr. Herrick went over a change order with the Board and
the following resolution was offered:
RESOLUTION, offered by Mr. Butler and seconded by Mr.
Cleveland:
WHEREAS,
the Town Engineer has
presented a proposed change
Water District 7
order number
2 to the
Water District
7 Extension 9 construction
project to: delete the
construction of
a crossing over Salmon Creek
and, instead,
purchase
and store the
materials for construction at
a later time
in conjunction with the
reconstruction of the Salmon
Creek Bridge;
provide
for additional
paving required due to change
in construction
pr &n,,_;
and u; e installation
of thrust blocks at
water line terminals;
and
WHEREAS, the proposed
changes
to the
Water District 7
Extension 9 construction
project
will
require
additional expenses
of $ 18,588.30 and a
reduction of expenses of
$ 19,677,00, with a
net decrease in the
project
cost of
$ 1,088.70
for a new total
contract price of $ 297,401.14;
and
WHEREAS, the proposed change order to the Water District 7
Extension 9 construction project will not raise the total cost
above the original approved amount for the project; therefore it is
RESOLVED, that the proposed change order to Water District 7
Extension 9 construction project be approved and the Town
Supervisor of the Town of Lansing is authorized to sign the change
order.
Vote of_Town
Vote of Town'
Vote of Town
Vote of Town
Vote of Town
Bca7d. (P_ye
Board (Aye
Board (Aye
Board (Aye
Board (Aye
Herbert Beckwith, Councilman
Paul Butler, Councilman
Jeffrey Cleveland, Councilman
Larry Tvaroha, Councilman
Jeannine Kirby, Supervisor
127
128
continued August 21, 1996
4. "BACK LOT" WATER DISTRICT EXTENSION REQUESTS:
Mr. Herrick reviewed requests from Rick Pinney and Robert
Leathers for water district extensions. Mr. Herrick and the Board
agreed both extensions should be approved pending an easement from
Robert Leathers.
RESOLUTION, offered by Mr. Tvaroha and
Beckwith:
WHEREAS, the Town Board has received
Leathers to allow the formation of a water
property on Lansingville Road from Water
through a back lot along Ridge Road; and
seconded by Mr,
a request from Robert S.
district extension to a
District 17 connecting
WI EREAS, the. Town Board has adopted a policy guideline for the
consideration of hook -ups to the Town water system through back
lots entitled the Water District Extension Policy for Back Lots;
and
WHEREAS, the Town Board has considered the request of Robert
S. Leathers for a back lot water district extension and determined
that the request complies with the policy of the Town; therefore,
it is
RESOLVED, that the request of Robert S. Leathers to be allowed
to proceed with the formation of an extension to Water District 17
through a back lot subject to fulfilling the requirements of the
Town of Lansing Water District Extension Policy for Back Lots.
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:
WHEREAS, the Town Board has received a request from Richard
Pinney Jr., to allow the formation of a water district extension to
• property on Ross Road from Water District 17 connecting through
• back lot along Ridge Road; and
WHEREAS, the Town Board has adopted a policy guideline for the
consideration of hook -ups to the Town water system through back
lots entitled the Water District Extension Policy for Back Lots;
ON
WHEREAS, the Town Boara� has considered the request of Richard
Pinney Jr., for a back lot water district extension and determined
that the . request complies with the policy of the Town; therefore,
it is J
RESOLVED, that the request of Richard Pinney Jr. to be allowed
to proceed with the formation of an extension to Water District 17
through a back lot subject to fulfilling the requirements of the
Town of Lansing Water District Extension Policy for Back Lots.
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
Mrs. Kirby will notify Mr. Pinney and Mr. Leathers of the
Board's decision.
5. SOUTH LANSING SEWER DISTRICT:
•
12 9'
continued August 21, 1996
Mrs. Kirby will arrange a meeting with NYSDFY and with
Watchtower representatives to negotiate sewer arrangements. The
sewer committee will postpone further biweekly meetings until
progress with negotiations can be reported.
Mr. Totman reported the following:
1. He handed out his monthly report and stated that he was 18
permits ahead of last year but $ 1.8 million down from last year.
2. Mr. Tvaroha thanked Mr. Totman for his concern for Towns and
Village rights during the County Board meetings.
® 3. Mr. Totman stated that the Town policy states that if you have
more than two trailers on a lot, you have to get a license. A man
in the Town now has two and a pad for another one on the same lot.
Mr. John stated that he will have to hire a surveyor and get a
legally stamped survey map that divides the parcel before he can
proceed.
Mrs. Kirby gave all Board Members a copy of the long range
Environmental Planning in Tompkins County to read over on their
own.
Mr. LaVigne handed out copies of the ambulance survey maps to
all Board Members to review. After some discussion, it appeared the
long term goal was to strengthen the rescue squad.
Mr. John will draft a letter to the Swearingen's regarding
their water hook -up and send it on to them with the Board's
approval.
It was the consensus of the Board to have Mr. John draft a
letter to John Barney regarding the Orear property which will state
that Mr. Orear should add a "paper road" going to the south for
future development.
Mr. John will also draft a letter to New York State regarding
the use and occupancy of the State Land north of Myers Park. Mr.
Tvaroha stated that the DEC has looked over the State Land
contract, approved it and sent it on. to Syracuse for their
approval.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr.
Butler:
WHEREAS, the New York State Department of Environmental
Conservation owns property directly to the North of Myers Park in
the Town of Lansing, identified as tax map parcels 33 -1 -3, 33 -1-
4.2, and 33 -1 -19, and
WHEREAS, the Town Board has determined that if the Town of
Lansing were granted use and occupancy of the New York State land
in connection with the Town Park it could optimize recreational
use, protect flora and fauna habitats, maintain and police public
facilities and minimize vandalism and nuisance type behavior on the
property, and
WHEREAS, the Town Board has determined that use and occupancy
of the New York., State land would benefit the residents of the Town
of Lansing by4 enlarging the area of land and lake frontage
available for park purposes within the Town, and
WHEREAS, the Town Board has determined that it is within the
financial capability of the Town to use, occupy, police and
properly maintain the New York State land within the limits of the
present Town Parks budget, and
WHEREAS, the New York State Department of Environmental
130
continued August 21, 1996
Conservation has indicated a willingness to execute a Use and
Occupancy Agreement with the Town of Lansing to allow the Town of
Lansing to use and occupy the State land for purposes compatible
with the Environmental Conservation Law and use as a Town park, and
WHEREAS, the Town has prepared a proposed Use and Occupancy
Agreement detailing the rights and responsibilities of the Town of
Lansing and the New York State Department of Environmental
Conservation in relation to the New York State land, it is,
therefore
RESOLVED, that the Town Supervisor is authorized to present
the Use and Occupancy. Agreement to the New York State Department of
Environmental Conservation and, if the Agreement is acceptable to
the New York State Department of Environmental Conservation, to
execute the Use and Occupancy Agreement in its present form.
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. Butler and seconded by Mr
Cleveland:
WHEREAS, a resident of the Town of Lansing, Merita Sheive, of
100 Peruville Road, Lansing, New York has requested that the Town
grant her permission for her to be allowed to cross lands used by
the Town Highway Department' owned by the Town in order to gain
access to the rear portion of her property, and
WHEREAS, the Town Board has determined that granting such
permission through the issuance of a revocable license will not
adversely impact the Town of Lansing, and
WHEREAS, the Town Board has reviewed a draft license, it is,
therefore
RESOLVED, that the Town Supervisor is authorized to execute a
revocable license in the form of the draft presented to the Town
Board to allow Merita Sheive to cross lands used by the Town
Highway Department in order to gain access to the rear portion of
her property.
Vote of Town Board . . (Aye
Vote of Town Board (Aye)
Vote of- Town Board (Aye)
Vote of Town Board (Aye)
Vote of Towri'Board (Aye)
Herbert Beckwith, Councilman
Paul Butler, Councilman
Jeffrey Cleveland, Councilman
Larry Tvarroha, Councilman
Jeannine Kirby, Supervisor
It
was the
consensus of
the
Town Board
to
wait
until the first
part of
1997 to
proceed with
the
proposed
new
Town
Hall.
A copy of the minutes of June 19th, 26th, and July 17th, 1996,
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.
Tvaroha:
RESOLVED, that the minutes of June 19th, 26th and July 17th,
1996 are hereby app `roved-a:; submitted.
Carried.
Carried.
Carried.
•
C
iii
continued August 21, 1996
AUDIT 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 bookkeeper to pay the following
bills as submitted:
General Fund 449 - 501 $ 42,875.86
Highway Fund 263 - 303 $ 185,607.63
Lans, Wr. Dists. 17 - 23 $ 90,146.74
® Lans. Lighting 7 $ 11317.84
McKinney's 5 $ 944.14
Capt. Fund - Wr. 14 38 - 41 $ 54,752.53
Capt. Fund - Wr. 21 Ext, 2 4 $ 519.50
Water 7, Ext. 9 23 - 31 $ 23,512.86
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
BUDGET MODIFICATION RESOLUTION, offered by Mr. Butler and
seconded by Mr. Beckwith:
RESOLVED, that the bookkeeper is hereby authorized and
directed to make the following Budget Modification:
Highway Fund DB
Credit
DB3089
$
11053.00
Credit
DB4089
$
61489.00
Debit DB5110.400 $ 71542.00
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 Beck?,aith, Councilman
Paul Butler, Councilman
Jeffrey Cleveland, Councilman
Larry Tvaroha, Councilman
Jeannine Kirby, Supervisor
RESOLUTION, offered by Mr. Beckwith and seconded by Mr
Cleveland:
RESOLVED, that the Regular meeting be adjourned to go into
Executive Session to discuss the financing of the Myers Road Bridge
at 9:30 p.m.
Carried.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr.
Butler:
RESOLVED, that the Executive Session be - terminated and the
Regular Meeting "be reconvened at 10:05 p.m.
Carried.
On motion, meeting adjourned at the call of the Supervisor at
10:06 p.m. I .
