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HomeMy WebLinkAbout1999-05-05228 May 05, 1999 The Lansing Town Board met in Special 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 Stephen Farkas Bonita Boles Debbie Crandall Rich John ROLL CALL Supervisor Councilman Councilman Councilman. Councilman Town Clerk Deputy Town Clerk Town Attorney Present Present Present Present (7:30 p.m.) Present Absent Present Present VISITORS: Linda Caliel, Nancy Stage, Martha Stage, Mary Krizek, Dorothy Krizek, John Stevens, Matt Shulman, Katrina Greenly, Martha Gold, Richard Krizek, Brian Vaughan, Malon Perkins, John Bailey, George Totman and three other Lansing residents. The Supervisor called the meeting to order and had the clerk take the Roll Call. JOHN BAILEY - GEORGE Bt BAILEY AGENCY INC John Bailey had given the Board a proposal to continue with the Insurance Reciprocal and a proposal with the Selective Insurance Company. The Board had asked Mr. Bailey what would happen if they were to leave the reciprocal and place it's insurance coverage elsewhere. Mr. Bailey reported the following: 1 When the Town joined NYMIR it signed a "Subscriber Agreement" that describes the relationship and obligations between the Town and NYMIR, pertaining to exiting the reciprocal should be reviewed. The area in the agreement 2. The Town agreed to pay a capitalization charge of $2,444 per year for 5 years. (The capitalization charge is the Town's investment to help fund the operations of NYMIR). The capitalization charge was based on 40% of the Town's original annual premium and divided into 5 annual installments. The Town would be paying its last installment of $2,444 this year. This amount would have to be paid this year whether or not the Town remains with NYMIR. 3. The operations of NYMIR have been successful and as we have discussed on occasion, the Board of NYMIR (which is made up of municipal representatives that belong to NYMIR) may at some time in the future return a portion of profitability to its members. NYMIR is a not for profit entity, so it is the intent of the reciprocal to share its profits while maintaining financial stability. 4. The issue of whether or not the Town of Lansing would share in any profits from NYMIR for the time period 1995 -99 should it not be a member when a return of profit is decided upon, is currently being reviewed by the New York State Insurance Department. He can not give a definitive answer as to whether or not the Town would see any return on its investment in NYMIR should the sharing of profits be decided upon after the Town leaves the reciprocal. 5. If the Town decides to leave NYMIR this year, NYMIR said that they would waive the capitalization charge if the Town came back to NYMIR next year. However, if the Town does not rejoin the reciprocal within one year, the Town would be subject to another 5 years of capitalization. Mr. Bailey stated that the operations of NYMIR have been successful and they are a non for profit group. Mr. Bailey also stated that other municipalities have Selective and they only insure municipalities. 1 22° May 05, 1999, continued Mrs. Kirby asked if there was a possibility of negotiating with NYMIR. Mr. Bailey spoke with NYMIR and the rates are the best that they can be right now. After further discussion Mr. Bailey reminded the Board that June 1st is the renewal date. The Board thanked Mr. Bailey for the information. LINDA CALIEVS REQUEST FOR WATER Linda Caliel presented the Board with a petition for a request for a water study on Maple and Franklyn Drive. She stated that all the residents want the water at a reasonable cost. Mrs. Kirby stated she will get the information to Dave Herrick, Town Engineer. Mrs. Kirby will have him pull out the prior information and put figures together. When this information is received, Mrs. Kirby will contact Mrs. Caliel. Mrs. Caliel thanked the Board and stated that if there is anything she could do to move it forward they could let her know. REZONING WARREN ROAD AREA The following statements were made to the Board in consideration of Mr. Steven's request to rezone the warren road area. Mahlon Perkins stated that he believed the Board had ample background. Driving from Dryden to Lansing this evening he noticed and needed to point out two things. 1. North on Warren Road pass Borg - Warner, there are no residential properties that front on Warren until you get into the R2 zone. 2. The proposed zone change is bounded by a substantial amount of vegetation already. There is a good size hedge row on the south which would be the border of the residential area. There is quite a bit of vegetation that is already growing on the back of the former Stevens' property. There is some natural vegetation there which over the years will continue to provide a vegetated buffer. Mr. Perkins stated that the Board had a copy of the 1988 information provided to them. In 1988 when the property across the road was proposed to be rezoned so an Industrial Park could be there, twice in the document Mr. Stevens asked for his property to be rezoned and to include his property in this request. That request was so that properties on both sides of Warren Road were in the same zone. Mr. Perkins stated that he hopes that the fact that Mr. Stevens missed out on the rezoning that was done last summer will not be overlooked since he was already on record as having requested this change. Mr. Perkins stated that he questions whether there will ever be any real residential development on Warren Road in this area. There has not been any development at all in nine or ten years since the area across the street has been rezoned. If there hasn't been any in the last eleven years he is not sure there will be any in the next eleven years or one hundred and eleven years. Mr. Perkins stated that the request is reasonable. There are plenty of safeguards in place already, including an existing vegetated buffer and the fact that there is a very comprehensive site plan review procedure which would preserve and protect any of the existing residents. Mr. Perkins stated that he hopes the Board would look favorably on Mr. Stevens request. Nancy Stye stated she would like to address some of those points. The vegetation is not that heavy particularly on the south end of her lot. The view directly off her personal deck is out over the existing hedge row. Any kind of industrial or commercial building that went on the property would be above the vegetation that is there. There are three trees that are weed trees that are pruned to look like residential landscaping. She has tried to maintain the hedgerow but it is not easy because it is very wet there and a lot of it is thin and thinning because of the wetness. She stated she did not know what the letter of 1988 states. She is aware of the fact, that 230 May 05, 1999, continued she learned only recently since she was last here, that at one point rezoning was requested for her residence. Evidently that was turned down. It must of been turned down for a very good reason. She stated that she hopes the Board would take that into consideration. As far as nine or ten years that there has been no residential development, she has certainly improved her property in that region. There has also been additional sites across Hillcrest Road that have been developed and just recently three lots have been listed with a Realtor for residential development. The residential development is beginning to pick up in that area. When you look at driving from Dryden to Lansing on Warren Road you will notice that all of the commercial sites on the left hand side of the road are set back and behind heavy vegetation. Dick Krizek stated that he still feels that a residential development in that area would be an ideal situation. There is no other development of commercial except Borg Warner which is set way back and has burrs and has trees to get it out of view. The only actual industrial connection that the Steven's property would have is a small half a lot of his which is the UPS property. The UPS property has a burro and is not visible from Warren Road unless you look up Dutch Mill Road. There is not any other industrial development that will be built right across from Mr. Steven's property. The opportunity is not there. John Stevens stated that across the road is all zoned IR and immediately south of the property is zoned IR. A lot of the concerns about burming and water is all part of the site plan review. With what Mr. Drost was put through with his site plan review, 10 years ago, was fairly comprehensive. This affords protection when you consider it's location with respect to the Stages property. Mrs. Kirby asked Mr. Stevens if he has had any offers on the property. Mr. Stevens replied no. Nancy Stage asked Mr. Stevens if the property was currently being listed as one or two lots. Mr. Stevens replied one lot along Warren Road. Dick Krizek asked when and if the lot could be subdivided again. Mr. Totman stated that his recent subdivision was for one lot. He made one lot into two. The normal rule of thumb is for three years. Under the current rules and regulations of the Town of Lansing if you only do a one lot subdivision or boundary change, which Mr. Stevens did last October, it can be done through the code office. Dick Krizek asked about when Nancy Stage's lot was done. George Totman stated that was done through the Planning Board. When you subdivide through the Planning Board there is no time limit on it. If you come to the Planning Board and ask for a subdivision, it doesn't say that you can't come back six months later or a year later and say now you want to do something else. They look at it in it's content at that point and what the purpose and the intent is. There have been so many one lot subdivisions that came before the Planning Board that in 1993 or 1994 the Town Board and the Planning Board decided that one lot subdivisions, as long as they meet the rules and acreage and the road frontage, it was ridiculous that you had to go through a subdivision and boundary change, so it was then left up to the Code Office. What Mr. Tolman has tried to do to make sure you don't get a lot of just strip development because of that, is try to hold it within a three year perimeter. Dick Krizek asked if that was just his opinion. George Totman stated that it was not in writing that he knew of In this particular case that lot, if you are going to sell it for commercial, unless you are in the village or the city, you wouldn't want it any smaller, it wouldn't be worth anything. Nancy Stage stated that so what you are saying in affect that it is much more appropriate 1 231 May 05, 1999, continued for residential than it is for industrial. George Totman stated that he did not say it at all. He has been here twelve years and he has never had a bite for residential in that area at all. Lansing has grown vastly in residential in the last twelve years and he has never had anybody ask for that. Dick Krizek stated that he understood the way Rich John described it to him that the zoning officer can change or subdivide if it meets all the criteria for the lot. In this case it does not, one is industrial and one is residential. So shouldn't this go before the Planning Board before it goes to the zoning officer? Rich John stated that it has already been separated and both lots are zoned residential and the request is to change one lot from residential to IR. Nancy Stage stated that she was confused as to why there was so much review that the Town put together for the comprehensive plan and this was not even taken into consideration and there was so much comment. It was deliberately decided that it would be residential there. Dick Krizek stated that this was part of the Planning Board in 1988. John Stevens stated that he didn't know the Town was even doing a plan, he did not own a house while this was going on. Nancy Stage stated she received mailings as an owner of property concerning the comprehensive plan and she was sure John Stevens did also. John Stevens stated he didn't own a house and if he would of known, he would of come in of course. Mrs. Kirby asked if any of the Board members had anything to say at this time. Mr. Farkas stated that at this point based on the master plan as it is zoned now, to change it based on the fact that there is objections from neighbors and he didn't think that he ever went to the neighbors to ask if they minded that the zoning be changed. He sees it as if Mr. Stevens sold it and the person who bought it then wished to put something in there that was commercial or industrial they would have to come in for a zoning variance and go that direction. Mr. Farkas's concern is based on the fact that neighbors are in fact objecting to the change. When it has already been established the way it is now for a year. To change it now, Mr. Farkas stated he has some problems with that. Mr. Cleveland pointed out that he agrees with Mr. Totman that on most of the major highways in the Town you don't see any kind of residential development at all. The concerns it raises that if people aren't going to buy it for residential than a person is stuck with it sitting there forever not doing anything with it if it can't be sold for residential. lot. Mrs. Kirby stated that she would highly doubt that anyone would build a house on that Nancy Staff asked about a multiple dwelling on the lot. George Totman asked what she meant by this. Nancy Stage stated that she came from a history of Boulder that does a lot of PUD kinds of things and a lot of zoning and careful planning and has for a long time. They have transition areas between residential and industrial. It moves by density of housing, to very high density, then to your industrial. She stated she couldn't find any kind of zoning thing. Rich John stated that the fact that Dutch Mill Park was a planned unit development it 232 May 05, 1999, continued wasn't actually a zoning change, it was a unit. Another issue that has not been discussed is the issue that was raised in 1988 about having it be limited to research but not industrial. Mrs. Kirby stated that an office building or something along the line of research would not be nearly as unsitely as what some industrial could be. If that property was sold it would have to be reviewed to see what you were going to put there. John Stevens stated that is called for in the Town's requirements. Mrs. Kirb,y asked the Board if they were ready to make a decision tonight. Mr. Beckwith stated that he had been away and would like more time to review the material before he made a decision at the Town's next meeting. Mrs. Kirby stated that a decision would be made at it's next meeting on May 19th. Nancy Stage asked if there was a chance of a straw vote tonight. Mrs. Kirby replied no. Nancy Stage asked if the change was voted through what her recourse would be as far as tax abatement issues, etc. She stated that property values will go down and she has made a big investment. Mrs. Kirby stated that the Board could consider this before the next meeting. Dick Krizek stated that he would like to have the same consideration for the Krizek property. Mrs. Kirby stated that she will also contact the Assessment Department concerning these issues. REPORT ON SALT POINT Mr. Farkas stated that it was unfortunate that there was two untimely deaths of people that were concerned with. that area. One of them being Councilman, Larry Tvaroha. The other untimely death was Ed Wagner. Mr. Farkas stated that it was a very interesting meeting that was held on the 21 st of February at the All Saints Church with 30 residents attending ranging in age from 22 to senior citizens. The main interest was to create an area that can be used by all people, activities, picnic, walking areas, and educational areas. Mr. Farkas stated that the Town should get possession of the property. Mrs. Kirby stated that is what the Town had started to do. Mrs. Kirby stated that the policing has to be within the hands of the Town. Mr. Farkas stated that the groups main concern was that if the Town didn't act on it that it might go out of the Town. Rich John stated that he had worked on a draft contract with Mr. Tvaroha. Mr. John will get together with Mr. Farkas to review this contract. Mrs. Kirby stated it was the Town's idea to leave the land as natural as possible and controlled. Mr. Beckwith stated that a Cornell design class had designed different layouts of the land. The Board had narrowed it down to a couple of designs. One with handicapped fishing and most of the area would remain as it was, but just cleaned up. Mr. Farkas will check to see if the information is in Mr. Tvaroha's files. TOWN HALL PROJECT Mrs. Kirby reminded the Board that bid openings will be on May 19, 1999 at 7:00 p.m. 233 May 05, 1999, continued at the regular board meeting. LAKE RIDGE WATER DISTRICT Mrs. Kirby reported that NYSEG has agreed to pay $28,000 towards the district. The money could go towards a small district completely, or it could be spent to assist in the overall district. Mr. Herrick has not had time to put together figures for the two different situations. After further discussion it was the consensus of the Board to offer the complete district and if they didn't want it they will go to the small district. EAST SHORE CIRCLE WATER DISTRICT Rich John did not get a hold of Audit and Control. Mrs. Kirby reported that she was at a meeting Friday morning with Senator Seward and Assemblyman Luster and she spoke to them about the fact the Town has around $150,000 in O & M. She told them there are 4 residents in the Town that have no water or money and she asked them if they could tap the O & M resource to provide water for them. First of all the Town was going to ask Audit & Control if under a hardship the Town could tap the O & M resource. If Audit and Control told the Town they could not, then Mrs. Kirby will send a formal letter to Seward and Luster and ask them to Legislate so the Town could. Not only would it help the 4 people, but down the road it would enhance the whole water system by completing the loop. Mrs. Kirby stated that someone will develop that land. The cost of the district could be reimbursed and could be a part of a buy in fee towards that district. ALGERINE ROAD WATER DISTRICT Senator Seward advised Mrs. Kirby that he has committed $20,000 toward the hook -ups and Assemblyman Luster $15,000. There has not been a decision made by HUD. RESOLUTION FOR CAYUGA WATERSHED STUDY AND COMMITTEE RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas: WHEREAS, the Intermunicipal Organization is being formed to create, modify and implement a watershed management plan to allow counties, towns, villages and cities in the watershed to work together for the purpose of accessing dollars, cost savings, cost sharing and efficiency of activities among the municipalities, prioritize water quality issues, and WHEREAS, the Intermunicipal Organization is made up of municipalities within the watershed to oversee the development of a watershed management plan, and WHEREAS, this Board acknowledges the importance of water quality and natural resources of the Cayuga Lake Watershed, and WHEREAS, the size of the watershed dictates that cooperation between varied user groups will be essential in protecting this natural resource, NOW THEREFORE, BE IT RESOLVED, that this Board of the Town of Lansing County of Tompkins will participate in the efforts of the Intermunicipal Organization to 1) define the structure of the Intermunicipal Organization, 2) promote scientific analysis of the watershed's resources in order to determine the state of the watershed, 3) develop an education and awareness program to educate local residents and stimulate their interest in protecting the watershed, 4) develop coalitions for cooperation and participation in projects relevant to the protection of the watershed, 5) prioritize water issues within the watershed, and 6) participate in solutions to water quality problems, including possible sources of funding. 234 May 05, 1999, continued Jeannine Kirby, Town Supervisor is hereby appointed as the delegate to represent the Town of Lansing Intermunicipal Organization. Gerald W. Codner is hereby appointed as the alternate. 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) Stephen Farkas, Councilman Vote of Town Board.. . (Aye) Jeannine Kirby, Supervisor GRIEVANCE DAY RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland. RESOLVED, that the Town Board of the Town of Lansing does hereby appoint Jeannine Kirby and Paul Butler to the Grievance Board. Grievance Day is Tuesday, May 18, 1999 from 4:00 p.m. - 7:00 p.m. at the Lansing Town Hall Board Room. 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) Stephen Farkas, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor SEWER SEQR Mrs. Kirby has talked with Alan Cohen in regards to the Sewer SEQR. Mrs. Kirby informed the Board that the DEC will do the SEQR. COMMUNITY MAP Mr. Totman stated that the Community Map people are waiting for the Town to decide what contents to include in the map. Mr. Beckwith will work with Mr. Totman and Mrs. Bement on the map. CABLE FRANCHISE NEGOTIATIONS Rich John will review the packet on the Cable Franchise Negotiations. They are asking for a comment for a June decision but they are meeting on May 12th. Rich John will review and comment. APPROVE MINUTES A copy of the minutes of April 07, 1999 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, offered by Mr. Farkas and seconded by Mr. Butler: RESOLVED, that the minutes of April 07, 1999 are hereby approved as submitted. Carried. EXECUTIVE SESSION RESOLUTION, offered by Mr. Farkas and seconded by Mr. Butler. RESOLVED, that the Special Meeting be adjourned to go into Executive Session at 8:25 235 May 05, 1999, continued p.m. to discuss the McKane situation, the Ottenschott case and a Parks & Recreation personnel matter. Carried. RESOLUTION, offered by Mr. Butler and seconded by Mr. Farkas. RESOLVED, that the Executive Session be terminated at 9:00 p.m. and the Special Meeting be reconvened. Carried. Meeting adjourned at the call of the Supervisor. Minutes taken and executed by the Deputy Town Clerk.