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HomeMy WebLinkAbout1998-05-2078 REGULAR TOWN BOARD MEETING - May 20, 1998 The Lansing Town Board met in Regular Session at Town Hall Board Room at 7:00 p.m. on May 20, 1998 with Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John ROLL CALL the Lansing Supervisor Supervisor Present Councilman Present Councilman Present Councilman Present Councilman Present Town Clerk Present Town Attorney Present VISITORS: George Totman, Pete Shulman, Viola Miller, Jackie Baker, Mr. Esposito, Linda Hirvonen, Robert Kate Tomei, Judy Marcus, Susan Mi Robertson and one other Lansing resit Larson, Brad Gri & Marcia ller, Br- lent . Dave Herrick, Matt ffin, Steve Farkas, Lynch, Pat Conlon, yan Grinnell, Adam The Supervisor called the meeting to order and had the clerk take the Roll Call, VIOLA MILLER: Would like the Zoning Ordinance to be workable and reasonable. She is concerned about the size of the business district. She also stated that the area south of Waterwagon Road is already zoned rural residential. She did not feel it should be changed. She stated that the Town Board should avoid "strip development ". Rural Agricultural (RA district) should have a site plan on anything other than farm land or residential. She felt a landowner could possibly work with Mr. Totman instead of the whole Board. She felt there was very little difference between the .R2 and R3 districts. She also stated there is a mistake in Section 503 -D and that the Board should look at it again. The map that the Ithaca Journal printed was incorrect. She felt it was very important to stay close to the comprehensive plan. Mr. Griffin stated that the Board should not change areas that are already zoned. Mr. Pat Conlon asked if the map was finalized. Mr. Tvaroha stated that it will be finalized when it is published and the Public Hearing is held. Susan Miller stated that "special condition" in the R3 district should read "special permit ". The Board agreed that should not have been printed that way and will correct it. Mrs. Miller stated that the Planning Board wishes to cooperate with the Town Board on this issue and wished that both Boards can stop "reacting" and do some "Proacting" instead. The Town Board thanked all who came. JESS ESPOSITO: Mr. Esposito provided the Town Board with a petition from residents in the Triphammer Terrace area. He stated that the speed limit is now either 35 or 40 m.p.h. and there are Children at Play signs posted but people travel at a speed of 50 to 60 m.p.h. He would like a stop sign placed southbound on Triphammer Terrace before Meadow Drive. He would like two, two -way stop signs. He would also like the speed limit reduced. He feels that the two stop signs would end the "cut- through" traffic. Mr. Brad Griffin stated that he would add Mr. Esposito's comments to the road study. Mr. Larson stated that he has a copy of the petition and that the speed limit was reduced to 40 m.p.h. in 1991. He also stated that the Highway Department is governed by a traffic manual that has many limitations. He will give Mr. Esposito a copy of said manual and would also discuss the situation with him if so desired. Mr. Esposito felt amendments could be made to the manual. Mr. Beckwith suggested that Mr. Espisito follow up with the State Police and Sheriff's Department to patrol the area. Mr. John informed the Town Board that they would not be liable continued May 20, 1998 if the manual was followed but could be if it were not. Mr. Tvaroha suggested that Mr. Larson look into the cost of a monitored speed limit sign. He will do so and get back to the Board. Mr. Larson reported the following: 1. The last poor has been made on the Myers Bridge sidewalk and should open on June 1, 1998, 2. The water line on Gulf Creek is almost complete. 3. Will start paving June 1, 1998, 4, Mr. Larson recommended the Town Board accept the low bid on the box culvert and the following resolution was duly adopted: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: WHEREAS, the Highway Superintendent for the Town of Lansing has received bids for an aluminum box culvert and Capital Highway Materials as presented the low bid in the amount of $ 42,600.00, with an alternate additional bid of $ 1,000.00 if a crane is necessary to set the culvert in place., and WHEREAS, the Town Board of the Town of Lansing has reviewed the proposal and wishes to authorize the purchase, therefore, it is RESOLVED, that the Town Board of authorizes the Highway Superintendent to aluminum box culvert received from Capital H. amount of $ 42,600.00, with an alternate 1,000.00 if a crane is necessary to set the Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board the Town of Lansing accept the bid for an ighway materials in the additional bid of $ culvert in place. (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor Mr. Herrick stated the following: 1. The regional sewer apl stated that he feels Sterns stated that the City of I Lansing will contribute to then offered: >lication will go in June 3, 1998. He and Wheeler will do a good job. He also thaca and /or SJS and the Village of this. The following resolutions were 1996 Clean Water /Clean Air Bond Act - -Title 3 Section 56 -0303 Water Quality Improvement Projects and Environmental Protection Fund Article 17 -14 Environmental Conservation Law Nonagricultural Nonpoint Source Projects Municipal Resolution RESOLUTION, offered by Mr. Tvaroha 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 Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; 79 80 continued May 20, 1998 NOW, THEREFORE, BE IT RESOLVED BY The Town of Lansing 1. That, Jeannine Kirby, Town Supervisor, is the representative authorized to act on behalf of the Municipality's governing body in all matters related to the State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters 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 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 Board Conservation together with the Application for State Assistance Payments; Town Board 4. That this Resolution take effect immediately. 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. Butler: WHEREAS, the Town Engineer presented a proposal to submit a joint application to the New York State Department of Environmental Conservation for funding under the Clean Water /Clean Air Bond Act for a joint sewer- project to connect the Town of Lansing to the Cayuga Heights Sewage Treatment Plant and the Ithaca Area Wastewater Treatment Plant, and WHEREAS, the Town Board of the Town of Lansing has reviewed the proposal and has agreed to participate in the joint application, and WHEREAS, the Town Engineer estimates that the Town of Lansing's share of the cost of the application will not exceed the amount of $ 2,500.00, therefore it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Engineer to prepare such documents as necessary in order to submit a joint application to the New York State Department of Environmental Conservation for funding under the Clean Water /Clean Air Bond Act for a joint sewer project to connect the Town of Lansing to the Cayuga Heights Sewage Treatment Plant and the Ithaca Area Wastewater Treatment Plant at a cost to the Town of Lansing not to exceed the amount of $ 21500.000 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 2. A meeting was held by SJS which was well represented by all of the owners of the facility in Ithaca. Mr. Herrick felt the meeting went very well. 3. The Highway men did a great job on the Gulf Creek problem. Mr. Herrick is still looking into what may have caused the problem 1 1 A continued May 20, 1998 Mr. Totman reported the following: 1. He presented his monthly report and stated that he was 22 permits ahead of last year and $ 1,351,000.00 following resolution ahead. 2. There is a bill in the new Town of Lansing map. completely updated Town of audit for County Mr. Totman will Lansing map. maps which includes a get copies of the Mr. resident that the John who is Town stated that he has interested in selling Board needs to move been contacted by a their house. Mr. forward with the realignment Bean Hill John sated of the road. The following resolution was then offered: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: WHEREAS, the Town Board of the Town of Lansing discussed the proposed realignment of Bean Hill Road and the requirement to obtain an easement from one of the landowners, and WHEREAS, the Town Board of the Town of Lansing determined that it wished to revise the drawing to move the proposed road realignment to a point where there will be no encroachment onto the neighbors property, therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Engineer to prepare revised drawings of the road realignment to remove the necessity for an easement across the abutting landowner. 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. John stated that Linda Hirvonen prepared a letter regarding the effect an Adult Entertainment Establishment would have on the Town of Lansing. Mr. Tvaroha stated that he would like to rule out the IR Zone and NOT leave it as an option that could house an adult entertainment establishment. After some discussion, the Town Board then passed the following resolution: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: WHEREAS, the Town Board of the Town of Lansing directed the Town Attorney and the Town Code Enforcement Officer to conduct a study of the secondary effects of adult entertainment businesses upon the Town of Lansing and prepare a draft report, and WHEREAS, the Town Board of the Town of Lansing has received the draft report, reviewed it and discussed the issues involved and wishes to adopt the draft report as the official study of the secondary impacts of adult entertainment in the Town of Lansing, therefore, it is RESOLVED, that the Town Board of the Town of Lansing adopts the draft report prepared by the Town Attorney and the Town Code Enforcement Officer as the Town of Lansing Adult Entertainment Study. 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 .2 continued May 20, 1998 RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: WHEREAS, the Town Board of the Town of Lansing has adopted a draft report prepared by the Town Attorney and the Town Code Enforcement Officer as the Town of Lansing Adult Entertainment Study, and WHEREAS, the Town Board of the Town of Lansing has considered a proposed ordinance in connection with the regulation of adult uses in the Town of Lansing, and WHEREAS, the Town Board of the Town of Lansing has determined that the proposed ordinance will accomplish the objectives of the Town's Comprehensive Plan and proposed Town -wide Zoning Ordinance while also complying with the United States Constitutional requirements for the protection of freedom of expression, therefore, it is RESOLVED, that the Town Board of the Town of Lansing shall include the proposed regulations of adult uses in the proposed Town -wide Zoning Ordinance. 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 The Town Board discussed some changes to the proposed Zoning Ordinance and Mr. Cleveland stated that he would like to be sure the Planning Board endorses the Town Board's decisions before holding a Public Hearing. The following resolution was then adopted: RESOLUTION, offered by Butler: WHEREAS, the Town Board a proposed amendment to the extend zoning to the northers is currently unzoned, and Mr. Cleveland and seconded by Mr. of the Town of Lansing is considering Town of Lansing Zoning Ordinance to z portion of the Town of Lansing which WHEREAS, the Planning Board of the Town of Lansing has reviewed the proposed zoning and has conducted studies, held public meetings and information sessions and consulted with a land use planner prior to submitting the proposal to the Lansing Town Board, and WHEREAS, the Town Board of the Town of Lansing has reviewed and discussed the proposal, and received extensive public comment, and made revisions to the proposal in response thereto, and WHEREAS, the Town Board of the Town of Lansing now wishes to schedule the matter for a public hearing prior to considering the proposed ordinance for adoption, therefore, it is RESOLVED, that the Town Board of the Town of Lansing schedules a public hearing for June 24, 1998, at 7:00 P.M. at the Lansing Community Center, and it is FURTHER RESOLVED, have the final version interested members of Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board that the Town Code Enforcement Officer shall of the ordinance ready for distribution to the public after June 3rd, 1998. (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor 83 continued May 20, 1998 Audit Resolution, offered by Mr. Butler and seconded by Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: FUND PRE -PAIDS AMOUNT General Fund Highway Fund Water Districts Myers Bridge Project Town Hall Project Lansing Lighting Districts Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board 231 -232 230 (Aye) (Aye) (Aye) (Aye) (Aye) 39,855.06 9710.718 SW1- 9710.618 82,729.79 30,789.53 1,825.00 900.00 1,314.28 Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor BUDGET MODIFICATION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that due to the fact that Water District No. 18 was not permanently financed in December, 1997, the bookkeeper is hereby authorized and directed to make the following budget modification: FROM TO AMOUNT SW1- 9710.718 SW1- 9710.618 SW1- 9710.718 SW1- 9730.618 SW1- 9730.618 (to pay BAN principal) SW1- 9730.718 (to pay BAN interest) 5,500.00 7,500.00 3,110.33 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. Cleveland stated that Pat Trotter, a rep. from the No Deals Committee has approached him regarding a place for kids to go after school. She is interested in using the old Town Hall after the new one is built. The Board decided it was too early to.make a decision regarding this matter. RESOLUTION, offered by Mr. Butler and seconded by Mr Cleveland: RESOLVED, that the Regular Meeting is adjourned to go into Executive Session to discuss the status of the contract between the Town and Mr. Tallman at 8:52 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr Cleveland: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 10:08 p.m. Carried. On motion, meeting adjourned at the call of the Supervisor at 10:10 p.m.