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HomeMy WebLinkAbout1998-08-05112 August 05, 1998 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 p.m. with Deputy Supervisor Larry Tvaroha presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Debbie Crandall Rich John ROLL CALL Supervisor Councilman Councilman Councilman Councilman Town Clerk Absent Deputy Town Clerk Town Attorney (Present 8:25 P.M.) Present Present Present Present Absent Present Present VISITORS: Bill Gilmore, Paul Andrews, Jack McNamara, Peter & Kathryn McDonald, Marian Tripp, Sandy Smith, William & Jeanne Bishop, Ruth Adams, Pete DeLorme, Susan Miller, Hazel & Gary Garrett, George Totman, Dave Herrick, and John Spence. The Deputy Supervisor called the meeting to order and had the clerk take the Roll Call. Mr. Tvaroha thanked the people for attending tonight's meeting and then introduced the people at the head table. Mr. Tvaroha opened the privilege of the floor and asked if there was anyone from the audience that wished to speak that was not on the agenda. There was no one other than agenda items and therefore Mr. Tvaroha started with Mr. McDonald, number one on the agenda under privilege of the floor. Mr. McDonald - Ludlowville Representative BARKING DOGS AND NOISE ORDINANCE Mr. Tvaroha asked to hear Mr. McDonald, and anyone else from the Ludlowville area, their comments, concerns and experiences. Mr. Tvaroha would then like to have a response from the SPCA on exactly how they fit in to the problem. He asked the representative from the SPCA, John Spence, to then respond as to what they can and can not do, what they have done and what they will do. Mr. Tvaroha introduced Mr. McDonald and asked him to tell his experiences from Ludlowville. Mr. McDonald stated he has been a resident of 7 Dug Road for 14 months, but has been a resident of Lansing for 4 years. Mr. McDonald addressed the Board concerning the ongoing problem with a habitual barking problem in Ludlowville, especially in the evening hours. Mr. McDonald stated that since he has been there the problem has been going on for 4 to 5 months. He also stated that Mr. Gilmore and other residents in Ludlowville have had a noise problem for 16 to 17 years. Mr. McDonald stated that noise does not end at property lines. Mr. McDonald explained the situation of a habitually barking dog, especially in the evening hours, and the scenarios of several choices you have. You can call the Sheriff s Office, but they inform you this is not a Sheriff's Office problem and to call the SPCA. The SPCA is closed from 5:30 at night until 12:30 in the afternoon. There is a period of 16 hours where you have no recourse but to listen to the noise. If and when you finally do get the SPCA, sometime within 24 hours you are likely to get an animal patrol officer to come and address the issue with you. The SPCA does not have the authority to barge on people's property and shut dogs up. The process then is to fill out a citation that goes before a judge. The time between when the citation is written and you get to go before the judge could be four weeks, especially if you have an owner of the dog that knows the system. In the meantime you have four weeks of continuously barking dogs where no one can do anything about it. In the case of the Ludlowville situation it has been 3 months. When and if the person eventually comes before the judge, all they get is an arraignment of guilty or not guilty. Of course they are going to plead not guilty and therefore it gives them another month or two and you still have the ongoing barking dog. 1 113 August 05, 1998, continued If you also have noise, boom boxes or rowdy behavior, without a noise ordinance or some similar vehicle, your the only recourse you have is to call the police and have them arrested for disorderly conduct. There is no warning given because there is no law asking them to turn the noise down, you can be as loud as you want. Maybe you do not want to arrest your neighbor. In his case, he had a neighbor arrested for carrying on during a week day night. He would have preferred that the sheriff give a warning but they do not have that leeway. Mr. McDonald has also spoke to Richard John, Town Attorney, and he stated that perhaps there are laws on the books but the sheriff has the authority to interpret them any way they want. Mr. McDonald has also asked John Spence, Representative from SPCA, to meet with Emery Guest so perhaps steps can be taken. Mr. McDonald stated he does not like having to arrest a neighbor. In his case he does not call the neighbors that are involved with the barking dog, and has been warned not to call them. Mr. McDonald asked the Board what his choices were. The residents in Ludlowville are asking that there become a clear method in which they readdress this issue. Whether it be a noise ordinance or another way to get the same satisfaction to the problem. The bottom line is to silence the people that carry on, whether it be dogs barking or boom boxes, etc. Mr. Bill Gilmore of 33 Mill Street stated that Mr. McDonald has covered the subject as well as can be done. He would like to stress the need for immediate intervention. He has spoken with Mr. Beckwith, Mr. Totman, Emery Guest, Mrs. Kirby, neighbors, owners of the barking animals for three months. There has been three months without sleep. The SPCA service has been wonderful. There is a signed complaint that was issued in June that has yet to be heard in court. That in no way constitutes immediate intervention. When the dogs start barking or howling or when the boom boxes start in the middle of the night, the only thing one wants to do is get back to sleep. They don't care how it gets done. Mr. Gilmore stated that the Legislators of the Town have it within their combined capabilities to effect the solution that has been driving some of them literally nuts. Mr. Gilmore stated that the intervention that they request immediate intervention would cost some money. Mr. Gilmore would like to propose that the perpetrator or the harborer of the problem be fined and given a ticket with no delays through court. The ticket would state, this is a barking dog, a dog you are harboring, you are hereby fined $100.00. Then let that individual appeal the ticket and fine. Mr. Gilmore stated that the Dog Control Law is all well and good but it does not address the issue of immediate intervention and secondarily the penalties are out of date. Mr. Gilmore stated he was surprised to see in the Dog Control Law that it states that the Sheriffs Office could have responded to the complaints. Mr. Gilmore stated that there has been three months of hell and they needed immediate intervention. Mr. Tvaroha then asked Mr. Spence to address the dog issue. Mr. Spence stated he has talked with Mr. Gilmore and Mr. McDonald in length and also the women who owns the dogs along with Emery Guest. Part of what Mr. Spence has been trying to do is educate all as to what the responsibilities and the limitations of the SPCA are. The SPCA has a contract with the Town of Lansing to be the animal control authority and enforce State mandated laws regarding licensing. Lansing has a nuisance barking law and that is what the SPCA delivers tickets on. As neighbors sign those tickets they have been delivered. Mr. Spence stated he could not speak as to the speed in which these things come to court or what happens to them when they do come to court. He has been in other towns in Tompkins County where animal issues in general are treated very lightly in the courts. He has been trying to encourage the Judicial system to take these things more seriously. In the case of the immediate need for intervention the only thing he did was to contact Emergy Guest at the Sheriffs Department and ask him to stop telling the people to call the SPCA. The SPCA basically responds from 9:OOa.m. until 5:00 p.m. After those hours they respond to emergencies, an animal that is sick, vicious, or in danger. This is what the SPCA has been hired to do by the Lansing Town Board. It does not address the dog is barking now 1 want immediate rest. Mr. Spence stated that unfortunately he doesn't have an answer for that but he does understand the frustration. When Mr. Spence spoke with Emery Guest he stated he will let his dispatchers know that they have been giving incorrect information. That to simply turn it over to the SPCA at 2:00 a.m. is not going to satisfy anyone and is incorrect. Mr. Spence stated, as to what he has hPPn hanrinv it is in the Clipriff'c hAnnrlr Nit him ran not ndeiracc that nc hp rinPC not Immu urhnt 114 August 05, 1998, continued If you also have noise, boom boxes or rowdy behavior, without a noise ordinance or some similar vehicle, your the only recourse you have is to call the police and have them arrested for disorderly conduct. There is no warning given because there is no law asking them to turn the noise down, you can be as loud as you want. Maybe you do not want to arrest your neighbor. In his case, he had a neighbor arrested for carrying on during a week day night. He would have preferred that the sheriff give a warning but they do not have that leeway. Mr. McDonald has also spoke to Richard John, Town Attorney, and he stated that perhaps there are laws on the books but the sheriff has the authority to interpret them any way they want. Mr. McDonald has also asked John Spence, Representative from SPCA, to meet with Emery Guest so perhaps steps can be taken. Mr. McDonald stated he does not like having to arrest a neighbor. In his case he does not call the neighbors that are involved with the barking dog, and has been warned not to call them. Mr. McDonald asked the Board what his choices were. The residents in Ludlowville are asking that there become a clear method in which they readdress this issue. Whether it be a noise ordinance or another way to get the same satisfaction to the problem. The bottotn line is to silence the people that carry on, whether it be dogs barking or boom boxes, etc. Mr. Bill Gilmore of 33 Mill Street stated that Mr. McDonald has covered the subject as well as can be done. He would like to stress the need for immediate intervention. He has spoken with Mr. Beckwith, Mr. Totman, Emery Guest, Mrs. Kirby, neighbors, owners of the barking animals for three months. There has been three months without sleep. The SPCA service has been wonderful. There is a signed complaint that was issued in June that has yet to be heard in court. That in no way constitutes immediate intervention. When the dogs start barking or howling or when the boom boxes start in the middle of the night, the only thing one wants to do is get back to sleep. They don't care how it gets done. Mr. Gilmore stated that the Legislators of the Town have it within their combined capabilities to effect the solution that has been driving some of them literally nuts. Mr. Gilmore stated that the intervention that they request immediate intervention would cost some money. Mr. Gilmore would like to propose that the perpetrator or the harborer of the problem be fined and given a ticket with no delays through court. The ticket would state, this is a barking dog, a dog you are: harboring, you are hereby fined $100.00. Then let that individual appeal the ticket and fine. Mr. Gilmore stated that the Dog Control Law is all well and good but it does not address the issue of immediate intervention and secondarily the penalties are out of date. Mr. Gilmore stated he was surprised to see in the Dog Control Law that it states that the Sheriffs Office could have responded to the complaints. Mr. Gilmore stated that there has been three months of hell and they needed immediate intervention. Mr. Tvaroha then asked Mr. Spence to address the dog issue. Mr. Spence stated he has talked with Mr. Gilmore and Mr. McDonald in length and also the women who owns the dogs along with Emery Guest. Part of what Mr. Spence has been trying to do is educate all as to what the responsibilities and the limitations of the SPCA are. The SPCA has a contract with the Town of Lansing to be the animal control authority and enforce State mandated laws regarding licensing. Lansing has a nuisance barking law and that is what the SPCA delivers tickets on. As neighbors sign those tickets they have been delivered. Mr. Spence stated he could not speak as to the speed in which these things come to court or what happens to them when they do come to court. He has been in other towns in Tompkins County where animal issues in general are treated very lightly in the courts. He has been trying to encourage the Judicial system to take these things more seriously. In the case of the immediate need for intervention the only thing he did was to contact Emergy Guest at the Sheriffs Department and ask him to stop telling the people to call the SPCA. The SPCA basically responds from 9:OOa.m. until 5:00 p.m. After those hours they respond to emergencies, an animal that is sick, vicious, or in danger. This is what the SPCA has been hired to do by the Lansing Town Board. It doers not address the dog is barking now I want immediate rest. Mr. Spence stated that unfortunately he doesn't have an answer for that but he does understand the frustration. When Mr. Spence spoke with Emery Guest he stated he will let his dispatchers know that they have been giving incorrect information. That to simply turn it over to the SPCA at 2:00 a.m. is not going to satisfy anyone and is incorrect. Mr. Spence stated, as to what he has been hearing, it is in the Sheriff's ballpark but he can not address that as he does not know what 115 August 05, 1998, continued his job or contract or duty is. Mr. Tvaroha asked Mr. Spence in his years of experience, in his type of work, how have these problems been resolved before successfully. Also if he recalled any previous problems of this magnitude and did they get resolved by a local law or noise ordinance or anything that solved the problem. Mr. Spence replied that the most successful have been through increasing fines. It is not an immediate solution but it does get peoples attention when the fine might start at $15.00 but could get up to $200.00 and he thought could also result in jail time. Mr. Spence stated that the courts have to take this seriously and that the complaint in front of them is real. Mr. Spence stated that the problem with barking dogs issues for the SPCA seems to be that they are not hearing the barking when the residents are. If they go to the door and the dog starts barking, you have a barking dog. Even when the officers see and hear the dog barking it can be easily explained by the defendant that the dog is barking because they are knocking at their door. What the SPCA can do is deliver the tickets and the courts will take it seriously and the fines will be levied. Mr. Tvaroha asked Mr. Spence if he knew how many tickets have been issued in this case. Mr. Spence replied that he didn't think it was an overwhelming number. Mr. Gilmore stated that he had talked to the court clerk this morning and she informed him that over 9 tickets have been issued in this case. Mr. McDonald stated that with each of these tickets is a log of pages in length at the request of the animal control officer. Rather than filling out 70 tickets, fill out a half a dozen and then keep the log going. Mr. Tvaroha asked how many dogs were involved. Mr. McDonald replied in this case, one. Susan Miller, a resident at 194 Buck Road, stated that she had an occasion to work with the SPCA a couple of weeks ago in regards to a kennel next to her residence with barking dogs until 11:30 or 12:00 at night. When she went to ask them to try and quiet the dogs down, she was accused of trespassing and had the State Police called on her. As she understands it, the State Police have no jurisdiction in quieting down barking dogs. She was advised not to call the kennel owners and let them know when the dogs were barking because that would be aggravated harassment. She then went to the SPCA and signed a statement to have the officer go and explain the regulations. In this instance the last two weeks have been a great deal quieter. Mr. Tvaroha asked Mr. McDonald when he went to the Sheriff's Department did they inform him if he lived in Enfield we could take care of the problem because they have a noise ordinance. Did they state if there was a noise ordinance they could respond immediately to your problem. Mr. McDonald stated that when he talked to the Sheriff's Department it was 2:00 a.m. and he was a little upset. He can only offer that the Sheriff's Departments states that in Lansing they can do nothing. He doesn't know that if in any other town this could be done, he didn't get to that level. Mr. McDonald stated that in Ithaca where he lived for many years, the noise ordinance provides this inner media step where they can respond. Mr. McDonald stated he had spoken in length with Peter MeskiIl who is running for sheriff and he is in full agreement with his position. He has not spoken yet with Mr. Dresser. Mr. Tvaroha asked because he had heard that the Town's that have a noise ordinance it is not very effective either and maybe this was an easy way out to say no one can do anything because Lansing does not have an ordinance. Pete DeLorme a resident at 186 Buck Road stated that he had a discussion with the State Trooper that came out and he said he didn't know anything about the situation and he would have to back and look up the ordinance. Mr. DeLorme suggested that someone from the Town inform the State Police and the Sheriff's Department of their ability to enforce the Dog Control Law and to issue tickets. The animal control officer told them to keep a log and also video tape any disturbances and bring it to court. Mr. Tvaroha stated that drafting a noise ordinance would be very time consuming and could not be thrown together in a couple of weeks, this would not provide the immediate attention needed for relief. 116 August 05, 1998, continued Mr. McDonald volunteered to go and meet with a representative from the Town Board and speak with the NYS Police and Sheriff's Department to discuss the Dog Control Law with them. After further discussion, Mr. Tvaroha directed the Town Attorney, Rich John to forward a copy of the Dog Control Law to the Sheriff's Department and State Police and ask for a meeting to discuss the issue. If there is a negative response then they would be asked to attend a Town Board meeting where residents could talk to them directly. Mr. McDonald asked if this was in lieu of pursuing a noise ordinance. Mr. Tvaroha stated this is the immediate response to the problem. The noise problem will be another issue. At this time Mr. Tvaroha asked for responses from other resident concerning noise. Sally Smith and Marion Tripp of 3 Park Lane addressed the Board concerning boom boxes in cars. They stated you can hear them from the top of the hill and thru the park onto the State land. They have even gone to them and asked them to please turn them down and they will not. They have contacted the Sheriff's Office and they stated there is nothing they can do about it because Lansing; does not have a noise ordinance. Mr. & Mrs. Garrett of 7 Peruville Road addressed the Board concerning the noise problem from the Crossroads Bar & Restaurant. They have to call them continually to please close the doors and turn the music down. They call the Sheriff's Department and they tell them there is nothing they can do. Mr. Tvaroha stated that when the Town Board writes an ordinance they ask the Association of Towns for ordinances of other Towns that have been proven to work. Some that have been upheld in court and some that work in other localities. Then the Town Board will look at them and see which ones will fit best in the Lansing Community. When the Board meets with the Police Agencies they can ask them about a noise ordinance and how they are enforced. Mr. John stated that noise ordinances are notoriously difficult to enforce. Mr. John attended a special program at the Association of Towns on noise ordinances last February in New York City. The speaker basically does training for noise ordinances and he stated that how difficult they are to enforce. If you do not really do it right and you get all the training it can be a very frustrating experience because you do not win in court. One of the examples raised was loud cars and how do you find the car, pull them over and meter the volume. There are different kinds of sounds and some are more annoying then others. We are quite tolerant of some noises at fairly high decibel levels while others could be low decibel and could be bothersome. Mr. John stated that with the dog control law on the book and the criminal laws for harassment and disorderly conduct that these issues can be enforced. Mr. John stated it would be worth trying to do this before you construct a noise ordinance and try to enforce it within the Town. Mr. Tvaroha asked Mr. John to also include the boom box issue in the letter to the State Police and Sheriffs Department. Mr. Cleveland stated he had read the article in the Ithaca Journal concerning noise in the Town of Lansing and they indicated that the majority of the Towns in our area have noise ordinances and that this was inaccurate and not the case. Mr. Totman has done some research and it is a significant number that does not have a noise ordinance. Mr. Totman stated that he had contacted other Towns to see if they had a noise ordinance, and if they had one could we get a copy to look at. There are very few Towns in our County that have ordinances. The Village of Dryden and the Village of Freeville do but there is no decimal level. The City of Ithaca has one but there is no decimal level, it is considered aggravating noise. The question is who determines what aggravating noise is. The Town of Groton, Danby, Dryden, Whitney Point, Cincinnatus, Caroline, Village of Cayuga Heights and most of the ones around us do not have a noise ordinance. Mr. Totman had a copy of the City of Ithaca's and stated it was very ambiguous. One of the problems that he has found as in the Village of Dryden's, is one which states disturbing the peace. The Village Police 117 August 05, 1998, continued Department published in the paper, that if you have a noise problem of barking dogs call them and they will take care of it. Mr. Totman stated that the Village has their own police department and the Village of Dryden also covers the Village of Freeville and they treat it as disturbing the peace. Mr. Totman stated that he knows individuals that have contacted the Sheriff's Department for disturbing the peace and they have handled those situations. Mr. Totman stated that the Town's contract with the SPCA states that they are suppose to enforce the Dog Control Law. Mr. Totman stated he has been aware of many cases where they have called the Sheriff's Department and they have responded to excessive noise complaints. Mr. Totman stated that the Town needs to have a serious talk with the Sheriff's Department on excessive noise and disturbing the peace complaints. Mr. Tvaroha stated that these will be included in Rich John's letter to the agencies. Mr. Tvaroha thanked the people for addressing the problem. Mr. McDonald asked Mr. Tvaroha how they would know what the results from the meeting would be. Mr. Tvaroha stated that they would be contacted by phone as soon as possible with the results of the meeting with the police agencies. Mr. McNamara - Lansing Station Road Representative The following residents were here to address the Board concerning the progress of the water extension on Lansing Station Road: John McNamara, Bill & Jeanne Bishop and Ruth Adams. Mr. Herrick, Town Engineer informed the residents that they are still waiting for the results of the HUD grant for Algerine Road. Mr. Herrick stated that this grant was critical for the extension down Lansing Station Road. Mr. Herrick stated that he should know the results by the August 19th, Regular Town Board Meeting and at the latest by September 1 st. Mr. Bishop asked Mr. Herrick if assuming we get the HUD money, what the approximate figures on the cost for Lansing Station Road would be. Mr. Herrick will obtain these figures and contact Mr. Bishop and Mr. McNamara with the cost. Mr. McNamara stated it has been three years since the project for the extension of water first started and he wanted to know why there has not been an approach to getting funds from the `96 Health Water Systems. Mr. McNamara wanted to know if there was anything more the residents could do. Mr. Herrick informed Mr. McNamara the Town has submitted an application for low or no interest money for the Drinking Water Revolving Fund. The residents of Lansing Station Road thanked the Board for their time and will await the results of the HUD grant. Dave Herrick Town Engineer Bean Hill Lane Mr. Herrick described briefly with the help of a map what he had done concerning the intersection. After further discussion the Town Board authorized Rich John to update the paper work from appraisers of the values of homes in the area and report back to the Board at a later date. Euvard Subdivison on Hillcrest Road Mr. Cleveland questioned whether the water extension on the property on Hillcrest Road owned by Mr. Snyder stopped where the fire hydrant was or whether is extended to the next boundary line as policy states. Mr. Cleveland asked whether this property should have been sold in a water district. Mr. Herrick stated that this was part of Euvard's Subdivison and he extended 118 August 05, 1998, continued the water main where he was allowed or directed to extend the main. This was done before the policy was put in place. Mr. Herrick and Mr. Totman will research this and get back to the Board. Larry Tvaroha's Appointment at Bolton Point RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: WHEREAS, the Town Board of the Town of Lansing has appointed Jeannine Kirby as one of the Town Representatives to the Souther Cayuga Lake Intermunicipal Water Commission, and WHEREAS, Jeannine Kirby has requested a temporary leave of absence from the position during the 1998 campaign season, and WHEREAS, Town Board member Larry Tvaroha has agreed to serve in a temporary capacity as a representative: of the Town of Lansing, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby appoints Larry Tvaroha as the representative of the Town of Lansing to the Southern Cayuga Lake Intermunicipal Water Commission. Carried. Lansing Town Hall Project Mr. Tvaroha stated that there will be a presentation by the Architect on the progress of the project at the regular meeting on August 19, 1998. Warren Road Abandonment Mr. Tvaroha stated that there was not any ownership by the County and therefore they can't conceive ownership back to the Town. It was the consensus of the Town Board that they have no interest in ownership unless Highway Superintendent, Pete Larson has interest in it. Rich John will check with Mr. Larson to see if he has interest. After his findings, Rich John will draft a letter to the County Board and report back to the Town Board at the next meeting. Approve Minutes A copy of the minutes of June 24, 1998 having been given to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, ofiFered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the minutes of June 24, 1998 are hereby approved as submitted. Carried. Budget Modification Mr. Tvaroha gave the Board Members background information on how the budget modification came about. It was a misclassification between revenues and expenses as they came in. Mr. Tvaroha, Mrs. Kirby, Sharon Bowman and Chris Nabinger had a conference with people from Audit and Control. They explained the correct classification of accounts and the procedure and the way it should be done correctly. Mr. Tvaroha stated that Audit and Control was very helpful. 119 August 05, 1998, continued 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 modifications: General Fund A: Decrease budget in A2801 (Interfund Revenues) from $165,000 to -0- Increase budget in Al 120 (Sales Tax) to 165,000. Highway DB: Decrease Budget in DB 1120 (Sales Tax) from $570,000 to $320,000 Increase DB599 (Appropriated Fund Balance) to $286,185. 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) Budget Process Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Deputy Supervisor Jeannine Kirby, Supervisor Mr. Tvaroha stated that the meetings with the department heads during the preliminary budget process will also be done in house. He stated that this is a move in the right direction being able to manage the Town's funds and understanding them. Junkyard Situation Mr. Cleveland stated that a resident has questioned a junkyard situation on Algerme Road. Mr. Cleveland asked Rich John what the status was on the junkyard situation on Ridge Road. Mr. John stated that there is currently one junkyard in the Town that we are currently trying to serve papers on. Alternate service was done today and there is a scheduled court date of August 20, 1998. Archeological Survey Mr. John informed the Board that the New York State Department of Parks, Recreation and Historic Preservation have agreed that the requirement for an archeological survey in Water District # 12, Extension #I and Water District #7, Extension #10 has been waived. Water District #12 Extension #1 One of the residents is anxious that the paper work get done for the dedication of the road to the Town because of a pending house sale. The resident asked if Rich John could prepare the deed for transferring the property to the Town. Rich John spoke with Mrs. Kirby about this and given the circumstances and trouble with the maps he stated he can do that. The resident personally guaranteed payment if Mr. Orear did not pay. Rich John stated he has started work on this and has agreed to do the deed descriptions. Rich will meet with Dave Herrick and Pete Larson concerning the inspections. Building Permit on Village of Lansing and Town of Lansing Border ®' Rich John informed the Board of a complicated situation on the Village of Lansing and Town of Lansing border. Mr. John Young has applied for a building permit. He owns a lot in the Village and another lot in the Village behind it and then a large Town owned lot. The Village will not allow any road to be put in off of Burdick Hill, therefore there is no direct road frontage on the land locked parcel in the Town, even though the owner owns the lots in the Village he does not have the fifteen feet of road frontage needed in the Town for a building permit. Mr. John stated that this was a unique situation where some latitude can be taken with that requirement. The owner is not asking about building a residence on the property, he is 120 August 05, 1998, continued asking to build a barn to put a tractor in to work the land. Mr. John asked the Board to consider granting a building permit for a nonresidential structure on the condition that he bears an easement from Burdick Hill Road over and across the land. The easement would be 60' in case you had to put in a road at a later date. Mr. Totman stated that if he sells one of the lots that the easement goes with the sale of the land. Mr. John stated that the easement would be recorded. The Board was concerned that the owner might want to come back a year later for a request for a building permit to build a house. Mr. John stated that in the agreement that this is a nonresidential structure and there is no presumption that any grant of a building permit for a residence would be given. Mr. Tvaroha staged that in the deed restriction it would state no residence on this property. Mr. Totman stated until there is a bonafide legal road. The Board agreed with this concept. Watch Tower Agreement Rich John has reviewed the Watch Tower agreement. He has had it retyped to show changes. He took out references to the Town running the system and just indicated that there would be a district because it is not clear how a regional system would be constructed. Mr. John indicated that Watch Tower states that all the property now owned by them in the Town , includes the property they are going to build on, but it also includes property on the corner of Rte 34 and Bower Road to be included in the sewer district. Mr. Herrick stated that they had to exclude that land on Rte 34 and Bower Road because there wasn't any physical connection or any connectively to the main. Mr. John stated that the intended coverage of the district should include the tax map numbers. There is a provision in the contract that states if Watch Tower does not go through with the project they have the right to sell their property. For each acre that is sold, could come a sewer connection. Mr. Herrick stated they could sell the rights to sewer access. Mr. Tvaroha asked what kind of time frame concerning payments is included in the agreement. Mr. Tvaroha asked if there was anything included on upfront costs. Mr. John stated that once the project was going to go forward they are proposing to pay in 12 equal payments of $125,000.00 with payments paid every quarter over a three year period. The first payment to be received on the fulfillment date. The Town Board was very concerned that there have been a lot of upfront expenditures and if the project did not go forward, Watch Tower was a big instigator in incurring those expenses. It was the consensus of the Town Board to negotiate some coverage for up -front costs. This was a big concern of the Board and Mr. John will pursue this further. Seacord Development Mr. Tvaroha asked Mr. Herrick what the hold up was on the development connecting into East Shore Drive and if they were waiting for a State Permit. Mr. Herrick stated he believed they were waiting for the permit. Mr. Totman stated that the paper work was delayed in getting done and submitted to the State on time. Mr. Totman had notification from UFPO that they were going to start digging for the culverts on Friday. Executive Session RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith: RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 9:05 P.M. to discuss a personnel matter and an ongoing litigation. Carried. 121 August 05, 1998, continued RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Executive Session be terminated at 9:25 P.M. and the Special Meeting be reconvened. Carried. Meeting adjourned at the call of the Deputy Supervisor at 9:27 P.M. Minutes taken and executed by the Deputy Town Clerk.