HomeMy WebLinkAbout1997-04-16248
APRIL 16, 1997
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
VISITORS: George Totman, David Herrick, Matt Shulman, Pete
Larson, three representatives from the Learning Web, Bill Mobbs,
John Laphman, Pat Conlon, Pam Stonebraker and daughter and about 20
25 Buck Road residents.
The Supervisor called the meeting to order and had the clerk
take the Roll Call.
MYERS ROAD BRIDGE UPDATE:
Mr. Mobbs and Mr. Laphman presented an update and plan to the
Board regarding the proposed Myers Road bridge. They stated that
the center piling would be removed, the bridge would be thicker and
there would be a shorter span. They estimated the changes would
increase the price by approximately $ 75,000.00. The Town would
only be responsible for the interest. The final plans should be
ready in about three weeks and completion is scheduled for November
of 1997. The Town Board thought the changes were a good idea and
gave Mr. Mobbs the go ahead to finish the final plans. The County
will still have to approve the changes and if and when they do, Mr.
Mobbs will notify the Town.
S.P.C.A. REPORT:
Pam Stonebraker approached the Board regarding the enumeration
that is still on going by the Tompkins County S.P.C.A. She stated
that they had counted 1,301 dogs in the Town of Lansing and not 961
as previously stated. The Board was happier with this number.
BEAN HILL CORNER UPDATE:
Mr. Larson stated that a ruff map has been prepared regarding
the realignment of the corner of Bean Hill Lane and Hillcrest Road.
The size of the lot would go from 1.68 acres to 1.38. This will fit
the road specifications. He stated that one driveway would have to
be extended 70 to 75 feet and a turn -a -round may have to be made
for one homeowner. The headlights as cars come out on to Hillcrest
and turn right may be a concern to one homeowner. With the
consensus of the Board, Mr. John will go to the homeowners with the
map and discuss the situation to get their opinions and concerns.
Mr. John stated that Title work could cost around $ 2,000.00 for
said project.
BRUSH AND LIMB PICK-UP:
This will begin in the Town of Lansing on April 21st and in
the village on April 28th.
RESOLUTION offered by Mr. Beckwith and seconded by Mr. Butler:
RESOLVED, that Mr. Larson is hereby authorized to attend a
Highway Superintendents school to be held at Ithaca College, June
2 -41 1997 and
BE IT FURTHER RESOLVED, that all expenses incurred are to be
a Town charge.
Vote of Town Board (Aye) Herbert Beckwith, Councilman
�i
249
continued April 16, 1997
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.
Larson
stated
that
the
Highway Department will start four
day work
weeks
on April
21,
1997,
Mr. Larson stated that he has had a lot of trouble with a box
he installed on a truck about five years ago. He would like to use
the proceeds from the auction to purchase a new box that would cost
approximately $ 20,000.00. He would like to have the new box arrive
sometime in September and then put the old box in the auction and
have the proceeds go towards the new one.
BUCK ROAD / GO CART TRACK:
About 25 Buck Road area residents approached the Board and
stated they had a petition signed by over 80 area residents
opposing the proposed construction of a public go cart track at the
intersection of Buck Road and Conlon Road.
The representative stated the following concerns:
1. Impact on property values
2. Traffic Flow and parking
3. Pollution (Air and Noise)
It was stated that this property IS in the Ag District but NOT
in a Zoned Ag District,
Mrs. Kirby asked if any of the residents checked to see if
their deeds had any restrictions.
The Board stated that since this was not in a zoned area,
there was nothing they could do to help these people.
Mr. Totman stated that since there is no zoning, a SEQR is NOT
required from the Building Inspector. Mr. John stated that if the
track was built, and the business continued,it would probably be
grandfathered if zoning did go in, in the future. He also stated
that if it turns out to be very obnoxious, there would be the
possibility of a private nuisance action that the surrounding
residents could bring if they could prove that the value of: their
properties seriously changed or the ability to use their property
in some way.
It was stated that the owner does NOT have to appear before
the Town or Planning Board to built this track.
Mr. Shulman asked if a nuisance suite could be brought before
the nuisance occurs. Mr. John suggested they would have to contact
their own Attorney's.
Mr. John explained that the SEQR Laws have certain "triggers"
such as:
- Subdivision approval
- Junk Yard Permit
Hooking up to public water or sewer
One resident asked if "piece meal" or "spot zoning" could be
done. The answer was "NO ".
Mr. Totman stated that the proposed zoning map shows that the
go cart track would be legal if passed as the map states.
Mr. John will look at the SEQR Laws and get back to the Board
with his findings.
The residents thanked the Board and stated that they would
continue by going to the Planning Board and they also stated that
they would not drop the issue.
250
continued April 16, 1997
Mr. John stated that the fastest way to proceed would be to
privately contact a Lawyer.
Mr, Pat Conlon stated that this issue goes further than the
question of zoning.
LEARNING WEB:
A representative and two students approached the Board
regarding youth involvement in the community. They stated there
were about 12 students involved in the program and two adult
supervisors. They asked the Board if they could think of any
projects the students could help out with. Mrs. Kirby was concerned
about the insurance but was informed that the Learning Web has a
group policy.
The Board felt this was a good idea and would like to see more
kids involved in the group.
SWEEPING ROADS:
Mr. Larson stated that each year he has hired Joe Petta from
Liverpool to sweep the streets in the Town. Mr. Larson agreed on a
price with him and set a tentative date for the first part of May
for sweeping. Mr. Marty Ottenschott then came to Mr. Larson and
asked to give a quote for the job. His quote was $ 60.00 per hour
and Mr. Petta's was $ 55.00 per hour, therefore Mr. Larson decided
to stay with Mr. Petta. Mr. Ottenschott then requested to bid the
total job instead of by the hour.
Mr. Larson supplied Mr. Ottenschott with a map showing the
roads to be swept. He then gave Mr. Larson a quote of $ 31450.00
for the whole job. He stated that he could go back to Mr. Petta and
ask for a total job price and then go with the lowest price.
It was stated that Mr. Petta has four sweeper's and Mr.
Ottenschott has only one. Mr. Larson felt this would take longer to
do the job, but did not feel it would be a problem.
Mr. Larson will make a decision based on the pVices he
receives.
LAKEVIEW SUBDIVISION:
A discussion was held regarding the "guarantee" on the road in
this subdivision. Mr. John informed Barden Homes Attorney that the
Board had not changed their minds and the guarantee would start
when the road was dedicated to the Town.
Barden Homes has also agreed to pay their share in repairing
the drainage problems.
Mr. John stated that he has the drainage easement but did not
think he had the deed.
Mr. Tvaroha suggested that the Board wait until the next
meeting to act on this.
Mr. Beckwith stated that this was accepted by the Board on
February 20, 1997, contingent on the necessary paper work being
filed.
No decision was made on the warrantee at that time.
SPERRY LANE:
Mr. Cleveland stated that Peg Sweazey of Sperry Lane,
confronted him regarding her concerns about the way her driveway
was left after the water line was installed. Mr. Herrick stated
that the contractor would be fixing the driveways this spring.
400 RIDGE ROAD:
Mr. Thomas Cirafici of 400 Ridge Road approached the Board
regarding a decision that was made by the Planning Board 7 or 8
years ago regarding the subdivision of his property. He stated that
his subdivision was rejected and would like the Town Board to
correct it. He stated that he has corresponded for the past two
years and his letters have been ignored.
When the water line came in, he again applied for a
0
I
continued April 16, 1997
subdivision and was rejected. He asked the Town Board to correct
the error made by the Planning Board retroactive to the day it was
done.
Mrs. Kirby asked if he had gone to the Health Department
regarding a septic system. He has not had any perk test done at
this time.
Mr. Tvaroha would like to see maps before a decision could be
made.
Mr. Totman stated that the Health Department requires an acre
of useable land for a septic system.
Mr. Totman also stated that the bridge railing comes along the
front part of the property with the only access to the property
being the driveway that would have to be shared by two houses.
Mr. Cirafici will come back to the Board next week to discuss
this matter further.
DAVE HERRICK, TOWN ENGINEER:
WATER 17, EXTENSION 5:
Mr. Herrick passed out
still assembling responses.
the Board at the next meeti
He stated that there
considering there is a trai
tallies on Water 17, Extension 5. He is
He will present the final results to
ng.
might be a chance for a HUD grant
ler park in the proposed district.
OPERATION AND MAINTENANCE REVENUE:
Mr. Herrick presented the following to the Board:
LANSING WATER DISTRICTS AND MCKINNEYS
1. Historical O & M Expense (4 -year Averacre)
Description
S.C.L.I.W.C. - Service
Vendors
Administration /Legal
Engineering
Reimbursement to Hwy. Department
Utilities
Total Average Annual Expense =
2. Projected 1997 O & M Expense
Amount
$ 9,680.
5,060.
10,230.
1,730.
750.
2,900.
$ 30,350.
Average Annual Expense $ 30,3509
Additional Utility Expense 4,650.
W.D. # 17 Pump Station /Telemetry
Projected 1997 Expense = 35,000.
3. Water System Improvements Lonq -term Debt
Principal Payment = $ 251000.
Interest Payment = 341000.
Estimated Annual Debt Payment = $ 59,0009
4. Recommended O & M Budget
Projected 1997 Expense =
W.S.I. Long -term Deht =
Subtotal
Suggested Contingency & Fund Balance
$
$
35,0009
59,000.
941000.
Carryover =
$
20,000.
Total O & M Budget =
$
114,0000
5. O & M Revenue Generation
General:
S.C.L.I.W.C. is charging a flat rate fee of $ 2.55/1,000 gallons of
251
252
continued April 16, 1997
metered water. The Town O & M Surcharges of 25, 40, and 60 percent
on the S.C.L.I.W.C. flat rate generated over $ 130,000 in O & M
revenues in 1996. It is suggested a minimum of.$ 114,000 in O & M
revenue be raised annually to cover expenses and the debt
retirement payment for the Water System
current fund balance is over $ 300,000.
Improvement Projects.
The
As an alternative to the current surcharge categories of 25, 40 and
60 percent, the Town can consider a flat rate surcharge to generate
the $ 114,000. Based on total metered consumption from 10/1/95
through 10/1/96 of roughly 125,600,000 gallons, a flat rate
surcharge amount of $0.91/1,000 gallons will raise the suggested
revenue. This flat rate alternative will have the following effect
on customers quarterly bill:
Residential Customer
Present
Proposed
Min.
Bill
Max
Bill
(
10,000
oral
. )
(50, 000
ate)
$ 31.88
34.60
$ 159.38
173.00
Commercial /Institutional (Average 300,000 +gallons)
Present
Proposed
Industrial (Average 8,700,000 + gallons)
Present
Proposed
$ 1,071.00
1,038.00
$ 35,496.00
30,102.00
Mr. Tvaroha would like to see what other municipalities do
before making a decision. Mr. Tvaroha would also like to see
additional figures and the predicted growth or increase. This will
be discussed further at a later date.
Mr. John stated that he did not see a bases to charge a
different rate for industries and commercial users as opposed to
residences because there does not seem to be a different demand on
the system or exceptional wear and tear caused by industrial users
as opposed to residential or commercial users.
Mr. John will contact the Associations of Towns and get back
to the Board with his findings.
SEWER:
Mr. Herrick stated that the Sewer Committee is looking at mid
July for a draft on the waste water facilities plant. It should be
brought to the Board for their consideration at this time also.
RESOLUTION, offered by Mr. Butler and seconded by Mr
Beckwith:
WHEREAS, each cf five municipalities party to the Agreement of
Municipal Cooperation, establishing the Southern Cayuga Lake
Intermunicipal Water Commission (hereinafter referred to as the
Commission), are represented by two Commissioners on the governing
board of the Commission; and,
WHEREAS, the Commission requested that their staff plan the
administrative steps necessary to secure approval for withdrawing
raw water from Cayuga Lake that at a minimum match the intended
operational capacity of the Bolton Point Water Treatment
Facilities; and,
WHEREAS, the New York State Department of Environmental
Conservation (hereinafter referred to as the DEC) has determined
that a coordinated review per the State Environmental Quality
Review Act (hereinafter referred to as SEQR) is required in order
0
C7
253
continued April 16, 1997
to modify their existing November 10, 1972 Water Supply Application
Decision (hereinafter referred to as activity); and,
WHEREAS, the DEC has suggested that the Commission act as Lead
Agency for the proposed activity; and,
WHEREAS, the Town Board of the Town of Lansing agrees with the
DEC that the Commission should be Lead Agency for the proposed
activity; and,
® WHEREAS, the Town Board of the Town of Lansing desires to
formally provide the Commission with the authority to act as Lead
Agency on its behalf for the proposed activity.
® NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town
of Lansing authorizes the Commission to act as Lead Agency on its
behalf for the proposed activity.
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 stated that the Public Hearing's for the Right to
Farm Law and Bolton Point's Resolution will be held on April 23,
1997.
The issue of allowing the Town of Lansing to invest with
Cayuga Savings was discussed and Mr. John will have a resolution
ready for next weeks meeting.
GEORGE TOTMAN, CODE ENFORCEMENT OFFICER:
Mr. Totman suggested to the Board that they go over all. the
records regarding Mr. Cirafici's property at 400 Ridge Road before
making any decision. He also stated that he believes there is a
letter on file from the Tompkins County Health Department regarding
this issue.
A copy of the minutes of February 20th and March 21st, 1997,
having been furnished to the Board Members beforehand, the
Supervisor asked for a motion to make correction or to accept the
same as submitted.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr.
Tvaroha:
RESOLVED, that the minutes of February 20, 1997 are hereby
approved as submitted.
Carried.
® RESOLUTION, offered by Mr. Beckwith and seconded by Mr.
Cleveland:
RESOLVED, that the minutes of March 21, 1997 are hereby
approved as submitted.
Carried.
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:
254
continued April 16, 1997
FUND PREPAIDS VOUCHERS AMOUNT
General 132 - 135,138 -140 140 -176 $ 41,368.19
Highway 102 -104 105 -145 $ 89,221.91
Lans.Wr.Dists. 8 10 -11 $ 480.64
Water # 17 10 $ 16,042.81
Water 17, Ext. 3 7 $ 437.00
Lansing Agency & Trust 30 $ 11000.00
Lansing Light District 3 $ 11314.28
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 stated that an income survey was sent out for the
people that had not responded to the first one regarding sewer.
Said survey went in the mail today.
Mr. Cleveland stated that he has talked to Roger Sovocool and
Pete Larson regarding the culvert at Milliken Station Extension.
Mr. Larson stated that he wants to see guide rails on both sides of
the culvert. Mr. S07.rocool wants to see the agreement changed from
two (2) years to five (5) years. This will all be in writing and
agreed upon.
Mr. John will get a copy to Mr. Sovocool and he will then
start getting it signed by the homeowners.
Lou Emmick has requested that the wheel chair lift be removed
from the older adult van and the original seat put back in. He said
that if the wheel chair lift was needed, they could call Gadabout.
It was the feeling of the Town Board to have the van appraised
with the lift in tact and then sold in order to buy a smaller
vehicle.
Mr. Emmick also suggested a fee be set for the use of the van
as follows:
Minimum of $ 1.00 for trips around Town.
Minimum of $ 2.00 for trips to Groton and Ithaca.
Minimum of $ 3.00 for trips away such as the hospital.
The Board felt this was a decision that should not be made by
them.
Mr. John stated that he has had three (3) dog cases come up
and that he will have a representative from his office take care of
these.
WATER # 170
Mrs. McKane is complaining that the water line is encroaching
on to her property. Mr. John will do more research and talk to Mr.
Herrick and get back to the Board with his findings.
OREAR:
Mr. Barney has sent Mr. John a letter stating Mr. Orear is
willing to build the road and participate in the water line, if
they would get subdivision approval but he does not want to wait
for approval from Audit and Control.
Mr. John and the Board did not agree with this procedure.
The Town Board felt that they may have to contact the people
in this proposed water district for another meeting.
RESOLUTION, offered by Mr. Beckwith and seconded by Mr.
Cleveland:
RESOLVED, that the Regular meeting be adjourned to go into
Executive Session at 10:10 p.m to discuss a personnel matter of
health insurance, a personnel matter at Bolton Point and general
L
255
continued April 16, 1997
insurance for employees at the Town level.
Carried.
RESOLUTION, offered by Mr. Cleveland and seconded by Mr.
Butler:
RESOLVED, that the Executive Session be terminated and the
Regular Meeting be reconvened at 11:05 p.m.
Carried.
® On motion, meeting adjourned at the call of the Supervisor at
11:08 p.m.