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HomeMy WebLinkAbout1998-06-1787 June 17, 1998 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 Debbie Crandall Richard Thaler ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Present Supervisor Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Pete Larson, George Totman, Dave Herrick, Al Lacko, Al Bouton, Matt Shulman, and Pat Conlon, The Supervisor called the meeting to order and had the clerk take the Roll Call. PETE LARSON, HIGHWAY SUPERINTENDENT Abandonment of a Portion of Warren Road Mr. Larson stated he has been contacted by Ward Hungerford and it seemed logical to him that the road be abandoned to the Town of Lansing. Mr. Thaler stated that under section l 15B that is the way the abandonment has to be done. If the Town refuses the road can be abandoned under section 118B without the Town being involved. After further discussion the following Resolution was adopted: RESOLUTION At a regular meeting of the Town Board of the Town of Lansing held in the Lansing Town Hall on June 17, 1998, all members of the Board being present and acting throughout, the following resolution was duly made by Mr. Butler and seconded by Mr. Beckwith. WHEREAS, the County of Tompkins owns a right -of -way now known as Warren Drive previously being part of Warren Road which has been deemed unnecessary for travel or maintenance by the County; and WHEREAS, the Town Highway Superintendent has indicated his desire to have that portion of Warren Drive which is to be abandoned by the County to be abandoned to the Town of Lansing; and WHEREAS, pursuant to Section 115 -a of the Highway Law of the State of New York, the Tompkins County Board of Representatives can abandon or release and extinguish its highway rights therein to the Town; and WHEREAS, the County of Tompkins has inquired of the Town to ascertain if the Town of Lansing has interest in or concern about the property. NOW THEREFORE BE IT RESOLVED, on recommendation of the Highway Superintendent of the Town of Lansing, the Town Board requests the Board of Representatives of the County of Tompkins that in the event that the County abandons sections of Warren Drive, 8 June 17, 1998, continued the Town of Lansing would request that it be abandoned to the Town of Lansing; and BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to notify the Board of Representatives of Tompkins County of the Town's desire to obtain the abandoned portion of Warren Drive. 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 Gulf Creek Bridge Waterline Mr. Larson passed out, for the Board's information, final tabulations on the replacement of the Gulf Creek Bridge waterline. Mr. Larson stated that the hard cost for the project was $17,586.80 and the soft cost is $10,960.20 for a total project cost of $28,547.00. Mr. Larson had contacted Mr. Herrick, Town Engineer, and asked him what his estimates were on the project. Mr. Herrick informed him that if the job was contracted out it would be $45,000 and an additional $25,000 for legal fees. Mr. Larson stated that there was quite a savings with the Town forces doing the job compared to contracting it out ($41,453.00). Mr. Thaler stated that concerning the claim against the State on this project, Mr. Larson should add Supervisor costs to his figures. Mr. Thaler asked Mr. Larson to give Rich John a letter giving him an estimate of the costs. Mr. Thaler stated a notice of claim has been filed. Speed Limit Box Mr. Larson stated that the City of Ithaca owns two units. The cost of the "Smart Units" are $10,000.00 and $13,000.00. The City is willing to make one available to any Town or Police Agency within Tompkins County. Mr. Larson stated that if the Board chooses to use it you need to request it through your Police Agency and the City of Ithaca will bring it out at that time. There is no charge for using the unit as one was brought with grant money and therefore they do not charge. Mr. Larson stated that you can also get a print out of the vehicles speed. Mr. Tvaroha stated he appreciated Mr. Larson's following up on this and it is good to know that this is an option for the Board to help control the speed limit in different areas. Woodsedge Drive to East Shore Drive Mr. Tvaroha asked Mr. Larson what the requirements were of a sign for "no thru traffic" to be placed there when the new road is complete. Mr. Larson will check with the manual and report back to the Board. The Board and Mr. Larson also discussed different parking arrangements for the ballfield along Woodsedge Drive when the new road is completed. They discussed possibly realigning the parking and putting guide rails to improve the safety along that road. This will be discussed further at a later date. County Resolution on Bridges Mr. Larson passed out, for the Boards information, a resolution from the County reinforcing their acceptance of maintenance of bridges in the County. If the Board has concerns they should contact John Lampman at the County. •s MAIMPA June 17, 1998, continued Resolution on Paving Mr. Larson requested the remainder of funds for paving. Therefore the following resolution was hereby adopted. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Town Board of the Town of Lansing does hereby, upon request of Highway Superintendent Pete Larson, authorize the following budget fund transfer in the amount of $100,000.00 for Road Improvements: Account BB9901.900 to Account DB5112.400 With the following work to be completed: Cost of Materials & Eauip. Rental Surface Treat - - - - - -- one coat stone /oil Lockerby Hill Road Entire Davis Road Sections 1 +2 (from Lansingville Rd to Jerry Smith Rd) Lansing Station Road Entire Brookhaven, Stonehave, Belvedere Spring Brook Circle Village Circle + Village Place Sharon Drive East Shore Circle Pave ----------- - - - - -- cold mix asphalt Lakewatch Subdivision -- 7 Roads (Reach Run, Smuggler's Path, Fairwinds Way, Cutters Path, Spyglass Ridge, Captains Walk, Windjammers Way) 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 Beckwith Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannie Kirby, Supervisor Contributary Bridge on Salmon Creek Road $ 8,130 $15,900 $20,330 $ 4,060 $ 2,100 $ 5,600 $ 2,300 $4,130 $37,440 $100,000 Mr. Larson discussed the Town's share for the Engineering and the project. After further discussion the following Resolution was adopted: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Town Board does hereby authorize the expenditure of not to exceed $4,500.00 for the engineering cost of the bridge project on Salmon Creek Road. Vote Vote Vote Vote Vote RESIDENT of Town of Town of Town of Town of Town AL LAC'. Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) KO Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor A] Lacko and Al Bouton, residents of 52 & 59 Peruville Road approached the Board concerning their proposed zoning boundary. Mr. Lacko stated that one side of the road was zoned R1 and the other side of the road was Bl. Mr. Lacko is concerned that the value of the land was more valuable as Commercial than Residential. Mr. Lacko is requesting that both sides of the road be zoned B 1. Mr. Tvaroha stated that the principal the Planning Board used was that both sides of the 90 June 17, 1998, continued road be zoned the same. The Town Board agreed that this was a legitimate concern and Mr. Tvaroha will check with the Planning Board concerning this matter. DAVE HERRICK TOWN ENGINEER Bond Act Ap lication Mr. Herrick passed out two copies of the Bond Act Application that was put together for the Regional effort. Mr. Tvaroha asked what the time line was for them to receive information back. Mr. Herrick stated that it should be either September or October. Mr. Herrick stated that the Town has been preapproved by Rural Development for loans up to 2 '/2 million dollars. Mr. Herrick stated he would like to see the Town approved for grant sources. Mr. Herrick thought this might change if there is a positive outcome of the Bond Act. Mr. Herrick will follow up this summer, by alerting Rural Development to the change in the scope of the project in its regional nature and ask them to reconsider the Towns original preapplication. Mr. Herrick gave a presentation of the Sewer Project to the Planning Board at their first meeting on June 8th. Water Main on Bolton Road Mr. Herrick has received a request from Mr. Orear asking the Town to accept the water main project. Mr. Orear informed Mr. Herrick that the easements to the Town have been signed by the landowners. Mr. Thaler stated that the attorneys office has not received the easements. Mr. Herrick stated that the restoration does not meet his expectations nor the Towns. Mr. Herrick will check with the landowners to see if they agree with the quality of the restoration. Mr. Herrick will contact Mr. Orear and let him know that he has concerns with the quality of the restoration and let him know that the easements have not been received. HUD Grant Application - Algerine Road Mr. Herrick stated that he is still waiting for a response from HUD on the Algerine Road Grant. He has received many phones calls from Algerine Road and Ludlow Road residents. Archeological Survey Mr. Thaler asked Mr. Herrick if he has had any response on the survey. Mr. Herrick stated he had not and Mr. Thaler stated they have had no response either. GEORGE TOTMAN Mr. Totman handed out his monthly report to the Board members. Mr. Totman stated that he is ahead 1.6 million and 21 permits compared to last year at this time. Mr. Totman passed out a letter he had received from a resident concerning the Cuddeback Road name change. The resident is concerned with a 911 call to their property. Mr. Totman has given a copy of the letter to Chris Burris and the fire departments. Mr. Beckwith was contacted by a resident that rents a cottage, requesting that both Cuddeback and Nut Ridge Road signs be left up until September. They have already given directions to renters. Mr. Totman stated he didn't think there would be a problem and to contact Mr. Larson concerning this. June 17, 1998, continued Mr. Totman asked Mr. Thaler if Rich John had sent copies of the proposed zoning ordinance to other Towns. He stated he didn't know, if he did not he would have him do so. New Town Man Mr. Totman stated he had the new Town Map printed by the County. Mr. Totman suggested that this map be accepted as the new official Town Map. Mr. Tvaroha asked if he and Mr. Larson have reviewed the map to see if it is correct. Mr. Totman stated they have met and made changes and it is correct. Therefore the following resolution was hereby adopted: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the Town Board of the Town of Lansing does hereby accepted the new map as the official Town Map. 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 Proposed Zoning Ordinance Mr. Conlon asked what the status of his petition was. His request was that his area be zoned R1 instead of R3. Mr. Conlon stated that the original ordinance had their area (Conlon, Buck, Brickyard, Wilson and Bower Roads) zoned R1 and he asked why the Town Board changed it to R3. Mr. Tvaroha stated the petition was not ignored. The Town Board gave the request serious consideration. Mr. Tvaroha asked if he was looking for a formal response from the Supervisor. Mr. Conlon stated all he was looking for was to have the area changed back to RI as it was initially presented to the Board. Mr. Tvaroha asked Mr. Conlon when it was originally presented as an R1, and Mr. Conlon stated on the December 1997 presentation map. Then Mr. Conlon stated that it was presented that way at the Planning Board's original presentation, on the Planning Board's initially proposed draft it was R1. Mr. Tvaroha stated that this was when they had a discussion group and a working process and the Planning Board was still feeling their way through it. Mr. Conlon stated that in August he started with the petition. The petition came about because the area that the Planning Board submitted to the Town Board initially was an R1 zone. Mr. Conlon stated that the Town Board then sent it back to the Planning Board as an R3. The Town Board stated they did not remember making this change. Mr. Conlon stated he could document the change. Mr. Conlon stated he had the original map showing the original Rl. The Town Board stated they didn't request the Planning Board to make any changes he thought the changes were made due to their informational meeting. Mr. Conlon stated no, that the change was made by the Town Board. Mr. Conlon stated that if the Town Board can not remember what the original map was then there is something definetly wrong and he could understand. Mr. Beckwith stated there were a lot of maps floating around that were working maps, look at this and give an opinion, and look at that and give an opinion. Mr. Tvaroha stated this was a working process and nothing was official. Mr. Conlon stated that the first working draft that the Planning Board gave to the Town Board the area was R1 and then the Town Board sent it back to them in the summertime as a change to R3. Mr. Beckwith stated there was never anything sent back to the Planning Board to request the change. Mr. Conlon stated he could document this and he would. Mr. Conlon stated that because the Town Board made the change he is asking the Town Board to defend it. Mrs. Kirby stated that the residents that have been to meetings and they have heard strongly from are happy that it is R3 instead of Rl. The R3 allows for horse farms and there are two small dairy farms and a large crop farm in that area and other land being rented to crop 91 92 June 17, 1998, continued farmers. Mrs. Kirby stated that the land involved is on the tale end of an agriculture district. Mr. Conlon stated that the 50 people that signed his petition are not speaking for an R3 zone. Mr. Conlon stated he would document his case. Mr. Conlon stated the area in question is Buck Road east to his road, to the main road, to Auburn Road. Mr. Conlon questions Mr. Totman's area concerning the signatures on the petition. Mr. Totman stated he highlighted the area from the petition. Mr. Conlon stated he would come back, specifically describing the neighborhood and document it. Mr. Tvaroha asked Mr. Conlon if he thought the signatures were still valid and if they were knowledgeable enough to know what the difference between R1 and R3 is as it strands today. Mr. Conlon stated that the Town Board is stating that it was never and RI zone and that is false. Mr. Tvaroha staged it could of been drawn on the map at one time but it was for discussion purposes only and a working document and a working process. Mr. Conlon stated it was presented as R1 and the map was publicized as RI and he will document this from the Planning Board. Mr. Tvaroha asked Mr. Conlon what he did not like about R3. Mr. Conlon stated he didn't like mobile homes and public stables was # 1. Mr. Conlon stated that the Town Board was not recognizing the residential community. Mr. Conlon stated he had six out of seven signatures on Beach Road, there are mobile homes there, they want water and sewer but they do not want a horse stable in their backyard. Mr. Tvaroha stated that horse stables and mobile homes are his two main concerns. Mr. Conlon stated along with dairy, poultry, pig farms, etc. Mr.. Conlon stated that people on Buck Road that have $150,000 homes do not want the multi family house across the street from them. Mr. Tvarhoa stated that they also do not want farmers next to them? Mr. Conlon stated that they have no problem with the vacant land. As Joe Darrow said in the public meeting, that we are not against the farm land it is the best kind of neighbor you can have, it is the next use of the property that doesn't protect you in the R3 zone. The Town Board clarified Mr. Conlon's question on Line 33 regarding vehicular service except (Auto Body). Mr. Conlon also asked what the difference was between special conditions and a special permit. The Board stated it was defined in the ordinance in 802 and 803. The special condition stays with the Code Enforcement Officer and special permit goes to the Town Board. Mr. Shulman asked Mr. Tvaroha several questions that he legally could not answer. Mr. Shulman asked what guidance he could give to a reader as how the Board would, or wouldn't respond to any petition from anybody for anything. Mr. Thaler stated the Zoning Ordinance is not to prescribe the use, it is to protect land values and therefore it is a living document. As incidences come up it will be brought to Mr. Totman's attention originally, he will then make a decision. If a person doesn't agree, there is a procedure to go through and at the last resort it goes to the Town Board. If an amendment has to be done there is a procedure for doing it. The Supreme Court of the United States says that a Zoning Ordinance isn't for prescription it is for the protection of land values. PUBLIC HEARING ON PROPOSED ZONING Mrs. Kirby reminded the Board of the Public Hearing on June 24, 1998 at 7:00 P.M. at the Lansing Community Center. Mr. Tvaroha stated that at the last Planning Board meeting, the Planning Board did a resolution to support the current planning, (zoning ordinance) as it is being proposed. They appreciated the cooperation between the two Boards working back and forth, they thought it was a good compromise and something everyone could work with. They offered their thanks for all the Town Board's help. APPROVE MINUTES A copy of the minutes of May 20, 1998 having been given to the Board Members 93 June 17, 1998, continued 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. Cleveland: RESOLVED, that the minutes of May 20, 1998 are hereby approved. AUDIT RESOLUTION bills: Carried. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Butler: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Vouchers #348 - #425 & Prepay Vouchers #348 - #352 General Fund $ 49,184.01 Highway Fund $ 31,053.83 Lansing Lighting Districts $ 1,334.85 Lansing Water Districts $100,943.54 McKinnney's $ 15134.84 Town Hall Project $ 780.00 Trust & Agency $ 13484.86 Dave Herrick commented that one of his bills included a reimbursement to OTI. Mr. Herrick informed the Board that Highlander agreed to deduct that charge from their final payment. 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. Cleveland: RESOLVED, that the Town Board of the Town of Lansing does hereby approve the following budget modification needed to properly account for the use of Building Repair Reserve funds to upgrade the Electric service in the Highway garage. (1) Increase A5 I Appropriated Reserves and decrease A5031. Interfund Transfers by $9,000. (2) Transfer $9,000 from A5132.405 to A5132.405R to cover the expense when the work is done. 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 EXECUTIVE SESSION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:40 P.M. to discuss a personnel matter on policy. Carried. 94 June 17, 1998, continued RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, that the Executive Session be terminated at 8:50 P.M. and the Regular Meeting be reconvened. Carried. Meeting adjourned at the Call of the Supervisor at 8:55 P.M. Minutes taken and executed by the Deputy Town Clerk.