HomeMy WebLinkAbout1997-10-15OCTOBER 15, 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. Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Jeannine Kirby Bonita Boles Richard John ROLL CALL Councilman Present Councilman Present Councilman Present Councilman Absent Supervisor Present Town Clerk Present Town Attorney Present VISITORS: George Totman, Dave Herrick, Cindy Lion and son, Katrina Greenly, Pete and Jackie Larson, Jay Orear, Matt Shulman, Kevin Kauffman, John Kaminsky, Mark Wheeler, Roger Vanderpool, Dan Broadway and four (4) students. The Supervisor called the meeting to order and had the clerk take the Roll Call, Mr. Larson reported on the following: The Highway Department is in the process of converting the trucks over for the winter months which will take approximately two to three weeks. The Highway Department is going down 12 to 14 feet deeper in the gravel bank and should have a supply of gravel in that area for the next three to four years. The County is working on the Myers Bridge daily now. Mr Larson stated that he signed for a change order on the project. Dan Broadway reported the following in regard to the Trailways project: The New York State DOT wants to know the status of the project. He stated that if the Town did not move on the project, the Federal Department could cut the funding. The State DOT informed Mr. Broadway that if the project does not go forward, they would use the monies for another project. Mr. David Boyd also informed Mr. Broadway that if the Town did not use the money that has been set aside and no one else got to use the money, it could make it harder in the future for Lansing to receive a grant. Some landowners are still opposed to the project due to the way it would effect them personally. Mr. Broadway would like the Town Board to talk to the opposed landowners and go over their concerns. Mrs. Kirby stated that the Town Board told Gay Nicholson that the Board would only get involved with the project if the committee could get approval from all landowners. Mr. Broadway suggested the Town Board make a decision on the good of the community and not on the opinions of a few residents. Mrs. Kirby stated she did not think the Town Board would ever declare an emanate domain. Mr. Broadway will contact all landowners and have them come to the meeting on November 19, 1997 to discuss the situation. (7:00 p.m.) Mr. Herrick discussed the following: FIDDLER'S GREEN (WATER 17, EXT. 3): The "as construction" drawings and the project can be closed out. were about $ 30,000.00 under budget. was one homeowner that was still everything was done correctly. were delivered to Mr. Herrick The total construction costs Mr. Herrick stated that there not satisfied but he felt 1 continued October 15, 1997 PORTLAND POINT (WATER 18): Bolton Point wants to install a smaller (3/411) PRV half way down the hill for a total price of $ 385.00. This would be temporary and when larger demands are needed, the 2" valve would be used. The Town Board agreed with this and the consensus was to have Mr. Herrick contact Bolton Point and have them perform the work to install a smaller PRV valve. BOLTON ROAD (WATER 12, EXT. 1): Mr. Herrick handed out an Engineers report from the proposed water district, He stated there would be 1,050 feet of 8" water mains for eight (8) service hook -ups. The estimated project cost is $ 40,000.00. Mr. Herrick stated that this would be the landowners responsibilities and that the Town of Lansing would not be liable. Mr. Orear asked for a Public Hearing to be held on this proposed project as soon as possible as there is an emergency situation with one homeowner. Mr. Herrick stated that there would be a couple of minor revisions in the Engineers Report, but recommended the Town Board set a date for a Public Hearing. RESOLUTION, offered by Mr. Butler: ORDER OF TOWN BO TIME AND PLACE OF ON ESTABLISHMENT WATER DISTRICT NO. Beckwith and seconded by Mr. ARD SPECIFYING PUBLIC HEARING OF LANSING (T) 12, EXTENSION 1 WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of Lansing, relating to the establishment of a proposed water district in the Town; and, WHEREAS, such map, plan and report, dated October 15, 1997, having been duly filed in the Town Clerk's Office in said Town on October 15, 1997: and, WHEREAS, said map, plan and report were prepared by Howard R. Schlieder, P.E., L.5, Ithaca, N.Y., duly licensed by the State of New York, showing boundaries of the proposed district, a general plan of the water system and a report of the proposed method of operation; and, WHEREAS, said map shows the proposed water district, water mains, fire hydrants and other related and necessary appurtenances; and, WHEREAS, the boundaries of the proposed district are described in Exhibit A attached hereto and made a part thereof; and, WHEREAS, the improvements proposed are as follows: SERVICE AREA - As shown on the map filed in the Town Clerk's Office and described in Exhibit A, the proposed water district will include approximately 15 acres of land, more or less. The service area presently includes 6 residential lots, 1 of which is vacant. The proposed service area would include properties along a road presently under construction designated as Bolton Point Road which intersects with East Lake Road on the boundary of Water District 17 Extension 3. POPULATION TO BE SERVED - There are presently 5 consumption units in the District and it is anticipated that there will be one additional consumption unit at the time the District has been fully developed. The number of persons to be served will be approximately 18. I V continued October 15, 1997 WATER SUPPLY - Treated water requirements, estimated not to exceed an average of 1,950 gallons per day, will be purchased from the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point Water Supply). The Town of Lansing is one of the municipalities which owns the system. The capacity of Bolton Point supply is considered more than adequate to supply this district. The proposed water district extension will be served from the Town's Burdick Hill Water Tank in the Town of Lansing. WATER SYSTEM TO BE CONSTRUCTED - As shown on the map, plan and report on file with constructed consist of ductile iron pipe, and the Town Clerk, the facilities to be 1,050 linear feet of 8 inch of diameter related improvements including valves and hydrants. All of the 8 inch ductile iron pipe and related I mprovements will be dedicated to the Town. WHEREAS, the method of financing will be as follows: METHOD OF FINANCING - The total projected cost of the water District 12 Extension 1 improvement is estimated at $ 37,250.00. The project cost of construction of Water District 12 Extension 1 will be financed by the landowners within the Water District Extension and no indebtedness will be incurred by the Town. The owner of the vacant lot will incur the following costs when a household chooses to connect to the system. Water Use Fees, Maintenance, and Operating Costs - Water Use Fees as well as maintenance and operating costs and system -wide improvement costs are financed by metered water revenues and for a Single Family Residence are estimated at $ 93.25 per quarterly billing. One Time Connection Charge For Each Household: Bolton Point Water Supply connection fee, $ 490.00 plumbing permit, water meter, and inspection (Does not include miscellaneous plumbing charges required by Bolton Point inspection) Water service line from the main to the structure (Cost will vary depending on length of service line, boring under highways, and depth to bedrock, if encountered) or a meter pit, if required. The estimated average cost of a 3/4 copper service line (100 if @ 13.40/lf) is $ 1,350 for a total charge of $ 1,840. And, WHEREAS, the operation will be as follows: METHOD OF OPERATION - The cost of maintaining and operating a system -wide improvement cost are recovered in the per - gallon price charged to all water users in the Town and it is estimated at $ 93.25 per quarterly billing for a single family residence. And, WHEREAS, The maintenance and operating costs are as follows: MAINTENANCE AND OPERATING COSTS operating a system -wide improvement gallon price charged to all water estimated at $ 93.25 per quarterly residence. - The costs of maintaining and cost are recovered in the per - users in the Town, which is billing for a single family WHEREAS, the Town Law related to the creation and the establishment and extension of special improvement districts may require the approval of the New York State Office of Audit and Control. However, in this instance there is no financing being provided by the Town of Lansing, and therefore, no application to the department of Audit and Control; is necessary: and NOW, on motion of Herbert Beckwith seconded by Paul Butler, it is hereby ORDERED, that the Town Board of the Town of Lansing hold a public hearing at the Lansing Town Hall in said Town on November 5, r continued October 15, 1997 1997 at 7:30 p.m., and on that date to consider said map, plan and report and to hear all persons interested in the subject thereof concerning the same and to take such action thereof as is required or authorized by law. The adoption of the foregoing order was duly put to a vote and upon call the vote was as follows: Jeannine Kirby, Supervisor - voting Aye Herbert Beckwith, Councilman - voting Aye Paul Butler, Councilman - voting Aye Jeffrey Cleveland, Councilman - voting Aye The order was thereupon duly adopted. SOUTH LANSING SEWER DISTRICT: The application from the Environmental Bond Act is due in Albany by October 20, 1997. Therefore the following resolution was duly adopted: NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1996 CLEAN WATER /CLEAN AIR BOND ACT - TITLE 3 SECTION 56 -0303 WATER QUALITY IMPROVEMENT PROJECTS Municipal Resolution Resolution authorizing the items listed below pursuant to the Clean Water /Clean Air Bond Act of 1996. RESOLUTION, offered by Mr. Beckwith and seconded by Mr Butler: WHEREAS, the Town of Lansing herein called the "Municipality ", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project ", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental authorizes State assistance to municipalities restoration projects by means of a contract and deems it to be in the public interest and benefit enter into a contract therewith; Conservation Law for environmental the Municipality under this law to NOW, THEREFORE, BE IT RESOLVED BY THE LANSING TOWN BOARD: 1. That Jeannine Kirby, authorized to act in behalf Supervisor, is of the Municipality's the representative governing body in all matters related 3. The representative execute the State documentation, and body in all matters to State assistance under ECL Article 56, Title is also authorized to make application, Assistance Contract, submit Project otherwise act for the Municipality's governing related to the Project and to State assistance: 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that the funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments, 4. That this Resolution take effect immediately. Vote Vote of of Town Board Town Board (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman 3 f9 continued October 15, 1997 Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor Bob Supko, a representative from Cargill Salt, met with the Sewer Committee and stated that they did not feel they could offer two million dollars towards the project but he will write a proposal that Cargill feels they can afford. John Kaminsky advised the Board to obtain a Grant Writer as soon as possible for the sewer district project. Dave Herrick stated that one will also be needed for the proposed Algerine Road Water District. The Board will consider combining the two projects in regard to hiring one Grant Writer, Mr. Kaminsky stated that final figures need to be obtained from Watchtower so the paper work can be finalized. Mr. Mark Wheeler and Roger Vanderpool approached the Board regarding Ron Seacord's project development south of Sunset Drive in the Town of Lansing. They asked when the Board would be holding a public hearing regarding the project. Mr. Totman stated that the Planning Board will be holding the public hearing, not the Town Board. Mr. Wheeler stated that the residents have suggestions they would like to air. Mr. Totman stated that a meeting will be held by the Planning Board on November 10, 1997 and at that time, if, the Board approves the project, then a Public Hearing date will be set. One suggestion they had was that part of the road be left as a dirt road. Mr. John stated that he was against that idea as it would set a precedence in the Town that you DO NOT want to have. After some discussion, it was decided that the residents of Sunset Drive should meet with the Planning Board. Mr. Totman reported the following: LAKEWATCH: Mr. Totman received a letter from Mr. Leo Mahool, owner of LakeWatch stating that he is concerned about the "R1" zoning in back of LakeWatch. This would effect his future plans for that area. Mr. Totman stated that this would devalue his land tremendously and asked the Town Board to look it over. MONTHLY REPORT: Mr. Totman handed out his monthly report to the Board Members and stated that he was down 11 permits from last year but ahead by $ 160,123.00. PROPOSED ZONING ORDINANCE: The Planning Board has reviewed the new revised ordinance and may finish it on November 10, 1997, Mr. Totman asked Tom Neiderkorn to add a paragraph the ordinance that would not allow reading, selling entertainment in the Town of Lansing. zoning or more to or adult Mr. John stated that the Town will have to do a study in the Town to show there would be bad secondary effects. He felt the Town should hire a circuit writer possibly for the County. He will contact Tom Neiderkorn regarding this issue, JUNK YARD ORDINANCE: Mr. Butler stated that he is concerned with the Ottenschott property located on Ridge Road in the Town. He stated that it looks like it is getting worse instead of better. Mr. John will proceed with redrafting the Junk Yard Ordinance. A copy of the minutes of September 3, 1997, 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, Cleveland: continued October 15, 1997 offered by Mr. Beckwith and seconded by Mr. RESOLVED, that the minutes of September 3, 1997 are hereby approved once the word "OF" on the last page, second paragraph, second sentence is changed to the word "OR ". Carried AUDIT RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: FUND PREPAIDS VOUCHERS AMOUNT General Fund Highway Fund Lans. Wr. Dists, Cap.Fund.Wr.17,Ext.3 Lans. Lighting Dists. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . 506 -510 511 -558 26,381.08 367 -369 370 -408 76,879.64 30 -31 11032.79 9 9,632.45 9 1,314.28 . (Aye) Herbert Beckwith, Councilman . (Aye) Paul Butler, Councilman . (Aye) Jeffrey Cleveland, Councilman . (Aye) Jeannine Kirby, Supervisor BUDGET MODIFICATION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized to perform the following Budget Modification: Highway Fund DA Request to use surplus auction proceeds in the amount of $ 2,112.27 to apply to the purchase of a dump spreader box. Debit DA2650 (Auction Proceeds) $ 2,112.27 Credit DA5130.200 (Machinery Equipment) 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) Jeannine Kirby, Supervisor BUDGET MODIFICATION RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized to perform the following Budget Modification: General Fund B Request to modify the balance of appropriation for Planning Board Minute Clerk to appropriation for Planning Board Clerk. Debit B8020.410 (Planning Board Minutes) $ 1,142.50 Credit B8020.120 (Planning Board Clerk) 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) Jeannine Kirby, Supervisor Mr. John will look at future needs to estimate percentages if all municipalities participate in future capacity allocation usage continued October 15, 1997 RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the minutes of September 3, 1997 are hereby approved once the word "OF" on the last page, second paragraph, second sentence is changed to the word "OR". Carried AUDIT RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: FUND PREPAIDS VOUCHERS AMOUNT General Fund 506 -510 511 -558 26,381.08 Highway Fund 367 -369 370 -408 76,879.64 Lans. Wr. Dists, 30 -31 11032.79 Cap.Fund.Wr.17,Ext.3 9 9,632.45 Lans. Lighting Dists. 9 1,314.28 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) Jeannine Kirby, Supervisor BUDGET MODIFICATION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized to perform the following Budget Modification: Highway Fund DA Request to use surplus auction proceeds in the amount of $ 2,112.27 to apply to the purchase of a dump spreader box. Debit DA2650 (Auction Proceeds) $ 2,112.27 Credit DA5130.200 (Machinery Equipment) 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) Jeannine Kirby, Supervisor BUDGET MODIFICATION RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the bookkeeper is hereby authorized to perform the following Budget Modification: General Fund B Request to modify the balance of appropriation for Planning Board Minute Clerk to appropriation for Planning Board Clerk, Debit B8020.410 (Planning Board Minutes) $ 1,142.50 Credit B8020.120 (Planning Board Clerk) 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) Jeannine Kirby, Supervisor Mr. John will look at future needs to estimate percentages if all municipalities participate in future capacity allocation usage continued October 15, 1997 of the Bolton Point Water plant. The current proposals are: - Water Sales to outside users - Who will pay for any expansion that may be needed - If capacity runs out first, each municipality will pay for the expansion and then be reimbursed by outside users This will be discussed further at the next Bolton Point Committee Meeting. RESOLUTION offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Town of Lansing will hold the following Public Hearing: TOWN OF LANSING NOTICE OF PUBLIC HEARING ON SPECIAL DISTRICTS PLEASE TAKE NOTICE, that the Town Board of the Town of Lansing has prepared the Assessment Rolls of parcels of land included in Lansing Water District No, 2, Ext, No. 2, No, 3, No. 8, No, 91 No. 10, No, 13, No. 14, No, 15, No. 17, No. 17, Ext. No, 1, No. 17, Ext. No.2, No. 17, Ext, No, 3, No. 18 and Lansing Lighting Districts No.l, No. 2 and No. 3 and has apportioned and assessed upon such parcels of land in proportion in the amount of benefits the improvements shall confer upon the same cost chargeable to said District in connection with the construction of public water and lighting systems therein which are payable in the year 1998 and therefore, pursuant to Section 239 of the Town Law, the Town Board shall hold a Public Hearing at the Lansing Town Hall, Lansing, New York on the 5th day of November, 1997 at 6:00 p.m. in the evening thereof, to hear and consider any objections which may be made to said roll. 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) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Town Board will hold the following Public Hearing: NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF LANSING FOR THE YEAR 1998 NOTICE IS HEREBY GIVEN, that the preliminary budget of the Town of Lansing, Tompkins County, New York for the fiscal year beginning January 1, 1998 has been complete and filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested persons at all reasonable hours and, FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will meet and review said preliminary budget and hold a Public Hearing thereon at the Lansing Town Hall, Lansing, New York at 6:15 p.m. on the 5th day of November, 1997, and that at such hearing any person may be heard in favor of or against the preliminary budget as complied or for or against any items therein contained and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 108 of the Town Law, that the following are proposed yearly salaries of elected town officials of this town: Supervisor Councilmen (4) $ 16,898.00 .3y9L# Total Each continued October 15, 1997 Town Clerk Highway Superintendent Town Justice (2) Total Each Vote Vote Vote Vote of of of of Town Town Town Town Board Board Board Board (Aye) (Aye) (Aye) (Aye) RESOLUTION, Beckwith: offered by Mr. $ 22,532.00 $ 5,633.00 $ 24,629.00 $ 41,642.00 $ 20,700.00 $ 10,350.00 Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Jeannine Kirby, Supervisor Butler and seconded by Mr RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss the possibility of litigation in the Martin Ottenschott case at 8:50 p.m. and, BE IT FURTHER RESOLVED, that the Board invites Mr. Totman to participate in the Executive Session. 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 9:00 p.m. On motion, meeting adjourned at the call of the Supervisor at 9:01 p.m.