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.