No preview available
HomeMy WebLinkAbout1999-03-17207 March 17, 1999 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 P.M. with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeffrey Cleveland Councilman Absent Stephen Farkas Councilman Absent Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Rich John Town Attorney Present VISITORS: Richard Krizek, Nancy Krizek, Dorothy Krizek, Brad Griffin, Katrina Greenly, Matt Shulman, George Totman, John Stevens, Mahlon Perkins, Diane Noyes, Dave Herrick, Nancy Stage, John and Mary Orr, Fred & Shirley Stone, Ken Karnes, Ron Ronsvalle, and Mike & Linda Chapman. The Supervisor called the meeting to order and had the clerk take the Roll Call. Mrs. Kirby stated that the Public Hearing that was scheduled for tonight at 7:00 P.M. needed to be rescheduled due to improper publication. Mrs. Kirby stated that letters were not sent to adjacent landowners but the Town Board would listen to all comments tonight. The Public Hearing will be rescheduled for April 7, 1999 at 7:00 P.M. Mrs. Kirby asked for comments. Dick Krizek (partial owner of 80 Hillcrest Road) read and presented the Board with the following: We the undersigned property owners in the Town of Lansing wish to express our opposition to the proposal to change the zoning for portions of the tax map 44. -1 -5.3 and 44. -1 -4 from R1 to UR district. It is our opinion that this change would have a detrimental affect on the surrounding RI property. The future value of the current residential property and the possibility of future development of the surrounding R1 property would be in jeopardy. Currently the Warren Road is a ideal predetermined buffer between the two zone classifications. It does not make sense to burden the current residences with the unlimited- development at UR would permit. The Town of Lansing Land Use Ordinance, Article IV 401.1, states "Boundary lines are intended to follow center lines of streams, streets and road lines as show on plots of record at the time this ordinance becomes effective ". Mr. Mahlon Perkins letter dated January 18, 1999 contradicts this zoning ordinance and he states that there is only one residential parcel. This is wrong there are two residential properties adjoining parcel #44.- 1 -5.3. The rights of the adjacent residence owners has to take precedent over the rights of a speculative property owner. The impact on nearby neighborhood and environmental factors have to be addressed before such a dramatic zoning change can accrue. We, the undersigned oppose the zoning change involving the properties 44. -1 -5.3 and 44- 1-4. Mr. Krizek stated that the petition was signed by 100% of the adjacent landowners. Mary Orr (987 Warren Road) asked why the land needed to be changed to industrial and what are the plans for the commercial use? Mary Orr also asked the Board to consider the 208 March 17, 1999, continued already heavy traffic flow that now exists. Nancy Stage ( 39 Hillcrest Road) addressed the Board and stated the following: 1. I understand John Steven's need to obtain a new zoning classification of Industrial/Research to make his property "more" marketable but I do not agree that this is the only premis under which a change should be effectuated. 2. I am offended by the statement of Mr. Perkins, Mr. Stevens' lawyer, in a letter to George Totman of January 18, 1999 and I quote "On Oct. 22, 1998 you approved a minor subdivision which created the two lots and with the understanding that the parcel along Warren Road should be re -zoned to IR and the parcel along Hillcrest should remain residential (RI)." It appears that no matter what concerns may arise tonight that this change is a done deal. 3. I am further offended by the implication in this same letter that there is only one residential parcel that would be impacted by the zoning change and any eventual site plan review. The issues I raise in objection to the proposed Industrial/Research re- classification are: 1. Warren Road narrows significantly at a location between Cherry Road and Hillcrest Road and traffic is already very heavy - this reclassification would only add to safety issues around traffic congestion and speed. The utility lines are located on the West side of Warren Road and require significant easements perhaps creating significant set -back requirements placing any development much closer to the back lot line and an existing residence (duplex) than the front lot line. 2. There is no other IR classification North of the proposed site making this an exception on that narrowed portion of Warren Road North of Rt. 13. 3, The IR developments South of the proposed site all have very significant set- backs preserving the rural /residential atmosphere on the West side of Warren Road North of Route 13. The site in question is not wooded, and does not have enough depth to accommodate a similar set -back to those previously mentioned. 4. The only IR classification on this section of Warren Road is the Dutch/Mill Road Industrial Park and I stress the concept of "park" here. No industrial, commercial or research concerns front on Warren Road in the park or on the narrowed portion of Warren Road previously mentioned. The depth of the site being considered demands that any establishment front onto Warren Road thus creating a much more commercially intrusive environment where there is nothing comparable along the narrow portion of Warren. It does not appear to me that the parcel is large enough to accommodate a "park ". Thus similarities are not applicable. 5. There is a residence just to the South of the existing Industrial Park which indicates that residential development exists and is compatible within 100 feet of what already exists and demonstrates further residential development is possible. 6. Additional health and safety concerns include the quality of my existing well water upon which I am dependent and the impact of sewer drainage given that the water table is at or near the surface ten months out of the year. Further the run off from the proposed site is predominately across my property to the ditch on Warren. The site is very wet even supporting a healthy crop of cattails. Commercial sewage disposal is a major safety concern in comparison to residential sewage disposal. 7. Currently light, noise, and other environmental factors are at an intrusive level and any further Industrial Research development would adversely effect residential property values on John Stevens' lot number 2 in the new subdivision plot, my residential property which has been improved significantly over the last five years, and adjoining neighbors on Hillcrest 2.0° March 17, 1999, continued Road. I do not believe that John Stevens has any intention of developing Lot 2 for use as his personal residence and thus possesses a low level of interest in the adverse impact of this change. 8. The R1 designation that currently covers this property denotes areas where agriculture is still occurring and has been the historic use of the land, and where small concentrations of non -farm development, primarily residential exist. I implore you to review the use of land within .5 mile of the proposed site and compare the acreage that is under the IR zoning designation or residential designations. I am guessing that it is overwhelmingly either R1 or R2 designation. 9. Saturation of the IR designations already in existence has not been unduly heavy. There continues to be other IR sites available and more appropriate in the Town of Lansing. There are even IR sites in the existing park still available for development. The property value and general welfare of the Town are not at issue in changing the designation. Further the current designation was approved by the Town just this last July after extensive opportunity for comment. To change the zoning at this time negates the direct and implied citizen support for the current designation of R1. In closing let me applaud the Planning Board for the work they have done on the Comprehensive Plan and Land Use Control Ordinance. I appreciate your time and consideration of my objections to this proposed change. Mrs. Kirby asked if there were any more comments. There were not and they called for a motion to reschedule the Public Hearing. RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: WHEREAS, the Town of Lansing has received a request from a landowner within the Town of Lansing for the consideration of rezoning a portion he owns along Warren Road, parcels 44. -1 -5.3 and 44. -1 -4, from Residential One to Industrial/Research and the Town Board has agreed to consider this request, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby schedules a public hearing for April 07, 1999 at 7:00 p.m. to receive information and public comment on the proposed rezoning, and it is FURTHER RESOLVED, that the Town Code Enforcement Officer prepare all notices to all affected landowners as required by the laws of the Town of Lansing, County of Tompkins and State of New York. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor NEW YORK STATE TROOPER, Sergeant DIANE NOYES SERGEANT, Diane Noyes with the New York State Police informed the Board that their base of operations have been moved from State Route 366 in Varna to State Route 13 between the NYSEG building and the Village of Dryden. There will be an open house as soon as the parking lot is paved. SERGEANT Noyes invited everyone to stop by the station. BRAD GRIFFIN - CHAIR OF PLANNING BOARD Brad Griffin informed the Board that Al White has officially resigned from the Town Planning Board. He was pleased to see that Supervisor Kirby had an article in the Lansing News soliciting for a new applicants for the position. 210 March 17, 1999, continued Mr. Griffin stated that this evening the Board had entertained a zoning change proposal and he stated that as the Town and Planning Board look at the zoning ordinance there are a lot of errors in it. Some are typo's, some are errors in substance and some in judgement. Mr. Griffin suggested the possibility that all the errors be brought together at once. Mr. Griffin stated that he thought it was in the Town's best interest to try to put them together and solve them collectively. Mr. Griffin stated that the Planning Board has come to the Town Board before in regards to the Ottenschott property in the middle of Town. It doesn't pertain well for the community to have a dump, legal or illegal in the center of the community. The Planning Board requests to continue to press for action concerning this property. Mr. John stated that he would like to talk to the Town Board in Executive Session concerning this matter. Mr. Krizek asked, in the refiguring of the zoning, if they could get a notice of that if by chance that the Board decided that you were going to have even usage of land on each side of the road. Mr. Totman's letter stated that was the intent of the Planning Board. Mr. Totman stated that any time a change is made you have to hold a Public Hearing. Mr. Krizek stated that he doesn't think the rational of having both sides of the road the same type of RI district and Industrial district matters. Mr. Krizek stated that the roads are the division on the two zones. Mr. Griffen stated with regards to the section of the ordinance that Mr. Krizek quoted that it was important to read on further in the article. It was never the intent of the Planning Board to have neighbors open their front door and look across to somebody in a different zone. NYSEG SOLUTIONS Mr. Cleveland had given Rich John a brochure from NYSEG Solutions that he received. In the future the Town will be able to pick your electric supplier. Mr. John's concern was that it tied the Town to a contract through April of 2001. It was unclear at this point exactly what the savings would be. Mr. John will research it further and report at the April 7th meeting. NORTH TRIPHAMMER IMPROVEMENT PROJECT Mrs. Kirby stated that this meeting has been rescheduled for April 1, 1999, Thursday from 6:30 p.m. - 8:00 p.m. at the Grange Building. MILLIKEN STATION ROAD EXTENSION REQUEST FOR WATER Fred Stone presented the Board with a petition requesting to have a study completed analyzing the feasibility of extending public water to the Milliken Station Road Extension area. The petition was signed by six property owners. Mr. Herrick reviewed the proposed district and after further discussion the Town will hold a Public Information meeting in regards to this district on April 7, 1999 at 7:30 p.m. DAVE HERRICK. TOWN ENGINEER Mr. Herrick met with Bob Pollack from the Watchtower group. Mr. Herrick stated that there doesn't appear to be any earth shattering progress to pursue their project. The Watchtower group is still interested in the sewer and having that provided to their property. Bob Pollack asked that the draft be revised to reflect the change in the Town's treatment option not to own their own plant but to share in the Intermunicipal Agreement. Watchtower still plans to 211 March 17, 1999, continued contribute to the infrastructure. GEORGE TOTMAN CODE ENFORCEMENT OFFICER Mr. Totman passed out his report stating they are three permits behind last year but are ahead $698,275.00 in estimated building costs from last year. Mr. Totman stated that he is receiving complaints about junk yards, junk cars and neighbors building without permits. BOND RENEWAL RESOLUTIONS BOND RENEWAL RESOLUTION Dated March 17,1999 A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,045,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY FOR THE RENEWAL OF A BOND ANTICIPATION NOTE N0.3 -98, BEING USED TO PAY FOR THE COST OF: FOUR PIECES OF EQUIPMENT FOR THE TOWN HIGHWAY DEPARTMENT IN THE AMOUNT OF $50,000.00; THE ERECTION AND INSTALLATION OF WATER DISTRICT 2 -2 IN SAID TOWN IN THE AMOUNT OF $85,000.00; THE ERECTION AND INSTALLATION OF WATER DISTRICT 174 IN SAID TOWN IN THE AMOUNT OF $1909000.00 THE ERECTION AND INSTALLATION OF WATER DISTRICT 17 -2 IN THE AMOUNT OF $149000.00; THE ERECTION AND INSTALLATION OF WATER DISTRICT 17 -3 OF $149000.00; THE ERECTION AND INSTALLATION OF WATER DISTRICT 17 -3 IS SAID TOWN IN THE AMOUNT OF $177,000.00; AND, FOR THE WATER SYSTEMS IMPROVEMENTS PROJECT IN THE AMOUNT OF $5299000.00 At a regular meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 17th day of March, 1999 at 7:00 o'clock p.m. PRESENT: Jeannine Kirby, Supervisor Herbert Beckwith, Councilman Paul Butler, Councilman The following resolution was offered by Councilman Herbert Beckwith, who moved its adoption, seconded by Councilman Paul Butler, to wit: WHEREAS, the Town of Lansing, Tompkins County, New York has issued a Bond Anticipation Note to the Tompkins County Trust Company in the amount of $1,145,000.00 (Bond Anticipation Note, 1998 No. 3 -98); and WHEREAS, Bond Anticipation Note No. 3 -98, becomes due on March 30, 1999 together with interest at the rate of 4.10% per annum; and WHEREAS, the Town Board is desirous of renewing said Bond Anticipation Note, 1998 No. 3 -98, a portion of said obligation related to the cost of the purchase of four pieces of equipment for the Town Highway Department less a principal payment in the amount of $50,000.00; and a portion of said obligation related to the erection and installation of Water District 2 -2 in said Town, less a principal payment in the amount of $5,000.00; and a portion of said obligation related to the cost of the erection and installation of Water District 17 -1 less a principal payment in the amount of $10,000.00; and a portion of said obligation related to the erection and installation of Water District 17 -2 less a principal payment in the amount of $750.00; and a portion of said obligation related to the erection and installation of Water District 17 -3 less a principal payment in the amount of $10,250.00; and a portion of said obligation related to the cost of the Water System Improvements Project less a principal payment in the amount of $24,000.00; to be financed by the issuance of a Note designated as Bond Anticipation 212 March 17, 1999, continued Note, 1999 No. 3 -99,; and NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor to execute and deliver such documents as are necessary to renew Bond Anticipation Note 3 -98 in an amount of $1,045,000.00 with the Tompkins County Trust Company with interest thereon at the rate of 3.95% per annum for a period until March 30, 2000, with a new Note designated as Bond Anticipation Note, 1999, No. 3 -99; and be it further RESOLVED, that the Supervisor cause to be paid: (1) a portion of the interest related to the cost of the four pieces of equipment for the Town Highway Department together with $50,000.00 on principal (2) a portion of the interest related to the cost of the erection and installation of Water District 2 -2 in said Town together with $5,000.00 on principal, (3) a portion of the interest related to the cost of the erection and installation of Water District 174 in said Town together with $10,000.00 on principal, (4) a portion of the interest related to the cost of the erection and installation of Water District 17 -2 in said Town together with $750.00 on principal, (5) a portion of the interest related to the cost of the erection and installation of and Water district 17 -3 in said Town together with $10,250.00 on principal, and (6) a portion of the interest related to the cost of the Water Systems Improvement Project in said Town together with $24,000.00 on principal; and be it further RESOLVED, that the Supervisor be and she hereby is authorized to execute and deliver such documents as are necessary to effectuate the purposes of this Resolution; and be it further RESOLVED, that all of the provisions in the Bond Resolution dated March 30, 1998 in connection with the Bond Anticipation Note No. 3 -98, that all of the provisions in the Bond Resolution dated March 21, 1997 in connection with the Bond Anticipation Note No. 3 -97, that all of the provisions in the Bond Resolution dated March 15, 1996 in connection with the Bond Anticipation Note No. 2 -96, and that all of the provisions in the three Bond Resolutions dated November 6, 1996 in connection with the Bond Anticipation Note No. 4 -96, and that all of the provisions in the Bond Resolution dated November 4, 1996, in connection with the Bond Anticipation Note No. 5 -96 (sic 2 -96), are designated to apply to the Bond Anticipation Renewal Note to be executed by the Supervisor and designated as Bond Anticipation Renewal Note 3 -99. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. BOND RENEWAL RESOLUTION Dated March 17,1999 A RESOLUTION AUTHORIZING THE ISSUANCE OF $192,000.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY FOR THE COST OF THE ERECTION AND INSTALLATION OF DUCTILE PIPE AND ACCESSORIES IN WATER DISTRICT 18 IN SAID TOWN. At a regular meeting of the Town Board of the Town of Lansing, Tompkins County, New York, held at the Town Hall on the 17th day of March, 1999 at 7:00 o'clock p.m. PRESENT: Jeannine Kirby, Supervisor Herbert Beckwith, Councilman Paul Butler, Councilman _1 March 17, 1999, continued The following resolution was offered by Councilman Herbert Beckwith, who moved its adoption, seconded by Councilman Paul Butler, to wit: WHEREAS, the Town of Lansing, Tompkins County, New York has issued a Bond Anticipation Note to the Tompkins County Trust Company in the amount of $202,000.00 (Bond Anticipation Note 4 -98); and WHEREAS, Bond Anticipation Note 4 -98 became due on March 30, 1999 together with interest at the rate of 4.25% per annum; and WHEREAS, the Town Board is desirous of renewing said Bond Anticipation Note, 1998 No. 4 -98, said obligation related to the cost of the erection and installation of Water District 18 in said Town, less a principal payment in the amount of $10,000.00, to be financed by the issuance of a Note designated as Bond Anticipation Note, 1999 No. 4 -99. NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Lansing, Tompkins County, New York hereby authorizes the Supervisor to execute and deliver such documents as are necessary to renew Bond Anticipation Note 4 -98 in an amount of $192,000.00 with the Tompkins County Trust Company with interest thereon at the rate of 3.95% per annum for a period until March 30, 2000; and be it further RESOLVED, that the Supervisor cause to be paid a portion of the interest related to the cost of the erection and installation of Water District 18 in said Town, on Bond Anticipation Note 2 -98 together with $10,000.00 in principal; and be it further RESOLVED, that all of the provisions in the Bond Resolution dated March 15, 1995 in connection with the Bond Anticipation Note 1995, are designated to apply to the Bond Anticipation Note to be executed by the Supervisor and designated as Bond Anticipation Note 4- 99. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. AUDIT RESOLUTION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Vouchers #130 - 200 - Prepay Vouchers 9130 - 133 General Fund $307623.98 Highway Fund $441945.78 Lansing Lighting Districts $ 15311.00 Lansing Water Districts $71,593.30 Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor APPROVE MINUTES A copy of the minutes of February 3, 1999 having been given to the Board Members 214 March 17, 1999, 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. Butler: RESOLVED, that the minutes of February 03, 1999 are hereby approved as submitted. Carried. TOWN HALL PROJECT Mr. Beckwith informed the Board that Bob Tallman will be picking up the mechanical drawings Thursday morning and they will be going out for bid on Friday, March 19, 1999. The bid opening is scheduled for April 21, 1999 at the regular board meeting. APPOINT REPRESENTATIVE TO THE CAYUGA MEDICAL CENTER ITHACA CORPORATION BOARD RESOLUTION, offered by Mr. Butler and seconded by Mrs. Kirby: RESOLVED, that the Town Board of the Town of Lansing does hereby appoint Herb Beckwith to the Cayuga Medical Center Ithaca Corporation Board. Said term to expire April 2001. Carried. GRANGE BUILDING Paul Butler reported that the he has been informed by Barb Hlywa member of the FLDA group that they are moving along with their inside painting at the grange building. RESOLUTION THANKING AL WHITE RESOLUTION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on March 17, 1999, a discussion was had concerning the retirement of Alvin V. White as a member of the Town Planning Board. The Town Board felt that it was appropriate to acknowledge the dedicated service of this Lansing citizen and the following resolution was duly made by Mr. Beckwith who moved its adoption, seconded by Mr. Butler and unanimously passed. BE IT RESOLVED, that the Town Board recognizes the dedicated public service of Alvin V. White who served as a member of the Town Planning Board from 1985 to 1999. In recognizing the efforts of this citizen, the Town Board calls the attention to all residents of the Town of Lansing that the democratic working of Town government depends upon the time, effort and dedication of its citizens. Democracy is only as good as the people who live within a community and it is like the old adage you only get out what you put in' . The Town Board wishes him well and thanks him for his efforts as a member of the Town Planning Board. Carried. EXECUTIVE SESSION RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 215 March, 17, 1999, continued 8:20 p.m. to discuss the Ottenschott case and litigation regarding the McKane case. Carried. RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: RESOLVED, that the Executive Session be terminated at 8:40 p.m. and the Regular Meeting be reconvened. MCKANE LITIGATION RESOLUTION At a regular meeting of the Town Board of the of Lansing at the Town Hall on the 17th day of March present: Jeannine Kirby, Supervisor; Paul Butler, Cow Councilman; the following Resolution was duly made by Herbert Beckwith, and the vote was unanimous. Carried. Town of Lansing held in and for the Town 1999, the following members being lcilman; and Herbert Beckwith, by motion of Paul Butler, and seconded WHEREAS, the Town Board of the Town of Lansing, and WHEREAS, a resident of the Town having made a claim against the Town of Lansing, entitled Sarah J. McKane v the Town of Lansing (Tompkins County Supreme Court Index Number 98 -960) being a trespass action regarding the installation of a waterline along Ludlowville Road in the Town of Lansing, and WHEREAS, the matter having come on for a preliminary conference before the Court and the parties having come to an agreement for the settlement of the action, therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorize the Town Supervisor to stipulate and agree to the entry of an Order by the Supreme Court containing the following provisions: Plaintiff shall discontinue the action, without prejudice to recommence the proceeding, and Defendant agrees to waive any defense available based upon the applicable statute of limitations related to recommencement of the action, and Defendant shall assist the Plaintiff in seeking a transfer to rights in the affected property from New York State to the Plaintiff, and shall further regrade and reseed areas of lawn damaged by the installation of the water line, and If the claim of title by New York State can be resolved such that there is no dispute as to the Plaintiffs ownership of the area of land in issue, Plaintiff shall give an easement without cost to the Town of Lansing for the water line crossing this land. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor Meeting adjourned at the call of the Supervisor at 8:42 p.m. Minutes taken and executed by the Deputy Town Clerk.