HomeMy WebLinkAbout1999-06-16256
REGULAR TOWN BOARD MEETING
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
Stephen Farkas
Bonita Boles
Richard John
ROLL CALL
Supervisor
Councilman
Councilman
Councilman
Councilman
Town Clerk
Town Attorney
Present
Present
Present
Present (at 7:45p.m.)
Present
Present
Present
VISITORS: George Totman, Dave Herrick, Pete Larson, Mrs. Whipple, Mrs. VanEtten,
Martha Robertson, Diane Noise, Linda Caliel, Meg Overstrom, Monika Roth, Brad Griffen, Matt
Shulman, Dorothy & Mary Krizek, Susan Jaquette, Margaret Tollinger, Nancy Stage, Winifred
Mauser, Mary Seibert, Mr. and Mrs. Skoch, Jo -Ann and Victor Mancini, Barbara Lok, Leonard
Moore, Harmony Ayers, Jason Demarest, Mr. Tallman, Chuck Geisler and about 8 other
residents.
The Supervisor called the meeting to order and had the clerk take the Roll Call.
Monika Roth gave an update on what is happening in agriculture. She handed out
brochures and stated that they are working with school districts on nutrition programs. There is
also a Lansing Family Farm Project which helps raise awareness about agriculture. There have
been no significant changes in the Agriculture Laws.
NORTHEAST SUB AREA TRANSIT STUDY:
Chuck Geisler and Martha Robertson discussed the NESTS Plan with the Town Board.
Mr. Geisler stated that there is now serious consideration to a byway that would originate in the
Town of Lansing somewhere south of 34 that would handle traffic of people coming from the
north and cutting across Tompkins County and heading south. The Citizen's working group will
formalize recommendations in July and take them to the County to try to decide what to do with
them. The proposed north/west road will be taken into consideration. Mr. Geisler had some
concerns regarding this road.
Martha Robertson showed a map showing the recommended road. There would be three
sections of new road corridor . The proposal is already effecting real estate by lowering the sale
of property in areas that the road is proposed to encumber.
Mr. Geisler stated that the Federal and State transportation laws are changing to reflect
the concern about transportation. Martha Robertson stated that she would like to see a
comprehensive look at the County so that a farmers economic rights and needs would be
protected. She felt "smart growth movement" should be used.
Mr. Geisler suggested that the Town Board insist upon an Origin and Destination study
from the County. This study would show where the traffic would be coming from and where it
would be going.
Martha Robertson stated that she felt road construction would add to "sprawl"
development. The working group held a meeting in February in which 200 people attended and
out of that 200, one person was in favor of the proposed road. She handed out a copy of a petition
that was signed by 569 residents with concerns regarding the NESTS Working Group's
recommendations.
Mr. Farkas stated that he had concerns about the Gulf Creek intersection and felt it would
cause too much congestion in Lansing. He asked "who" this would favor and "who" would this
really be for?
Mrs. Kirby asked if the County had used Agriculture Soil maps in their study. Martha
stated that they had NOT used one that she knew of.
Martha stated that the County will perform a truck and freight study in January. All felt
that this study should have been done BEFORE anything else. She felt that the County should
receive more information BEFORE they draft a road.
Mr. Butler asked if a study had been done on improving the quality of life in the City of
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Continued June 16, 1999
Ithaca. Martha stated the proposed road would damage the City of Ithaca and that there are NO
City reps on any of the committees.
Mr. Brad Griffen stated that this would NOT be in the best interest of the Town or
Village of Lansing.
CAYUGA VISTA DRIVE:
Mr. John stated that he has talked to Randy Marcus, Attorney for Mr. Ron Seacord
regarding the detention pond. He stated that Mr. Seacord would like to hold off the construction
of the pond until September as someone is farming the land and would like to get the crops off
the land. There is a request for a building permit on the lot next to it. The Board felt the
construction could go forward with the understanding that the detention pond is built in
September of 1999. The following resolution was then adopted:
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler:
WHEREAS, the developer of the Lansing Business and Technology Park has requested
an extension of time until September of 1999, in which to complete construction of the detention
pond pursuant to the plan for the development of the property so that the farmer who has leased
the property may complete harvesting of the crops and the land where the detention pond is to be
sited, and
WHEREAS, the Town Engineer has determined that there are no significant negative
impacts from allowing an extension of time in which to complete the construction of the
detention pond, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby agrees that the
developer of the Lansing Business and Technology Park is granted an extension of time until
September of 1999, in which to complete construction of the detention pond pursuant to the plan
for the development of the property.
Vote of Town Board.
Vote of Town Board.
Vote of Town Board .
Vote of Town Board .
Vote of Town Board.
(Aye) Herbert Beckwith, Councilman
(Aye) Paul Butler, Councilman
(Aye) Jeffrey Cleveland, Councilman
(Aye) Stephen Farkas, Councilman
(Aye) Jeannine Kirby, Supervisor
PERUVILLE AND ARMSTRONG ROAD WATER PETITION:
The Board received a petition from residents of Peruville and Armstrong Roads asking to
be put in the proposed water district along with residents from the Franklyn and Maple Drive
area. Mr. Herrick stated that there were no out right yes's from the people on Peruville Road,
therefore he felt it would be wise to continue without the Peruville Road area. The following
resolution was then offered:
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Farkas:
WHEREAS, the residents along Franklyn Drive and Maple Drive having petitioned the
Lansing Town Board for the creation of a water district to provide water service to their homes,
and,
WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the
construction of the proposed water district, and the Town Board has met with the residents to
share the information received from the Town Engineer, and the residents having indicated
approval to proceed with the preparation of a map, plan and report for the project, and
WHEREAS, the Lansing Town Board, having received further input concerning the
desirability of including the adjacent areas of Armstrong and Peruville Roads in the proposed
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Continued June 16, 1999
water district, and further discussion having been had, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town
Engineer to proceed with the preparation of a map, plan and report for the construction of a water
district along Maple Drive, Franklyn Drive and Armstrong Road, but not to include the areas
along Peruville Road that were under consideration, and that such proposed water district be
designated as Water District 19.
Vote
Vote
of
of
Town
Town
Board.
Board.
Vote
Vote
of
of
Town
Town
Board.
Board.
Vote
of
Town
Board.
(Aye) Herbert Beckwith, Councilman
(Aye) Paul Butler, Councilman
(Aye) Jeffrey Cleveland, Councilman
(Aye) Stephen Farkas, Councilman
(Aye) Jeannine Kirby, Supervisor
EAST SHORE CIRCLE WATER:
Mr. Herrick showed the East Shore Circle residents and the Town Board members
financing
schemes
regarding a five (5) and a ten (10) year plan.
The residents decided they would
like to go
with the
ten (10) year plan. The following resolution
was then offered:
RESOLUTION, offered by Mr. Farkas and seconded by Mr. Beckwith:
WHEREAS, the residents along the east end of East Shore Circle having petitioned the
Lansing Town Board for the creation of a water district extension to provide water service to
their homes, and -
WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the
construction of the proposed water district extension, and the Town Board has met with the
residents to share the information received from the Town Engineer, and the residents having
indicated unanimous approval to proceed with the preparation of a map, plan and report,
therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town
Engineer to proceed with the preparation of a map, plan and report for the construction of a water
district extension along the east end of East Shore Circle, hereby designated as Water District 7
Extension 11.
Vote
Vote
of
of
Town
Town
Board ...
Board ...
(Aye)
(Aye)
Herbert Beckwith, Councilman
Paul Butler, Councilman
Vote
Vote
Vote
of
of
of
Town
Town
Town
Board ...
Board ...
Board ...
(Aye)
(Aye)
(Aye)
Jeffrey Cleveland, Councilman
Stephen Farkas, Councilman
Jeannine Kirby, Supervisor
Mr. Larson reported on the following:
He is now paving Dandyview Heights and Beckwith Lane. He will then work on
finishing up three miles of gravel roads. On or about July I", the highway department will start
center line drainage on Scofield Road.
BEAN HILL LANE PROJECT:
Said project will start on June 21". Mr. Larson has met with the residents who will be
involved in the drainage project running in front of their houses. He left letters at the houses that
were unoccupied explaining the details of the project. One party stated that they were upset with
the design of the intersection where the others had no problem. This party would have rather seen
the Bean Hill Road blocked off and has put the Town on notice that they are not happy with that
part of the project.
Drainage will be the first part of the project which will start on the south end of Forest
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Continued June 16, 1999
Acres, come to the east of Forest Acres and intercept Bean Hill and run the length of Bean Hill
Lane. At this time weepers will be put in. The intersection will also be constructed at this time.
Forest Acres, Bean Hill, Sky Acres , Stormy View and Hillcrest will then be paved in August.
The roads will be paved with two inches of hot asphalt.
Mr. Skoch stated that the residents do NOT want the roads patched, they want them fixed
right. Mr. Larson felt a lot of the roads problems are caused by water that has been trapped under
the roads. Construction at the time the roads were built are not sufficient to what materials are
used today. Mr. Skoch would like to see the roads all dug up and rebuilt from the beginning. Mr.
Larson stated that his budget would not allow this. Mr. Larson and the Board felt the fix of the
drainage problems would help the erosion problems on Bean Hill.
WARREN ROAD RE- ZONING:
Nancy Stage read the following letter from Richard Krizek:
June 16, 1999
Lansing Town Board
I am very concerned with the procedures that were followed on the matter related to the re-
zoning request change of the Steven's property on Warren Road. The Krizek's with adjoining
property have been opposed to this zoning change right from the beginning.
I have read the minutes of the Town of Lansing Planning board Meeting of February 8, 1999 and
find the following statement:
"George Totman passed out copies of the map showing the proposed change. George explained
that the owner has asked that his property be made the same zone as the property across the road
(IR). George stated that as the Town Board looked at it, they wondered how they overlooked
that. The Town Board asked George to contact the Krizeks to see if they wanted to be included in
it. George said they were not against it, but because they were tied up with real estate problems
they did not want to change anything right now........"
The statement by George Totman the, " the Krizek's were not against it ", is not true. Mr. George
Totman had called me and we discussed the proposed zoning change. I told Mr. Totman that my
dad's estate had not been closed yet and that I had to contact the rest of the family to get their
opinion. I did, then call Mr. Totman back and advise him that the Krizek's did not want to be
included in the zoning change and opposed the zoning change resolution.
I do not have confidence in Mr. Totman's ability to appropriately enforce the zoning ordinance
fairly and to make the proper judgments pertaining to an IR district. It was inappropriate for Mr.
Totman to bring this matter up to the Town Board and misrepresent my opinion. The Code
Enforcement Officer should be a neutral party in zoning matters and only apply the written
ordinance.
The zoning ordinance 402.7 states that IR type of development "will be compatible with the
surroundings, be concerned with impact on nearby neighborhoods, should consider safe traffic
movement, landscaping, buffers, environmental factors, location and such elements as may be
reasonably related to the health, safety, property value and the general welfare of the Town" . As
it has been stated in several of the town meetings many of the concerns of zoning ordinance
402.7 cannot be properly addressed with Mr. Stevens property.
Many of the users of property in the IR district do not need a Site Plan Review and only have to
be approved by the Code Enforcement Officer under section 802.0 of the zoning code. The fact
that Mr. Totman brought the request of this zoning change to the board, and has shown his
support for this change, leads me to believe that he cannot honestly have the interest of the
Lansing residents that live in the Warren and Hillcrest Road neighborhood at heart.
I am asking that the Town Board deny this zoning change because of the above information and
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Continued June 16, 1999
the fact that it is not an appropriate land use in a residential neighborhood (three of the four sides
of Mr. Stevens property are currently used as residential property).
Sincerely,
Richard Krizek
128 Poole Road
Ithaca, NY
Mr. Skoch complemented the Town Board and all involved in the final passage of the
zoning ordinance. He felt the proposed change was inappropriate and requested and
recommended to the Board to keep the property zoned residential.
The residents gave the Board a petition signed by 65 residents requesting their opposition
to the proposed zoning change.
Mr. Beckwith stated that the issue has been tabled until more research can be done and
upper most issues can be taken care of first. Mrs. Kirby stated that she would also like more
information on the clear zone area before making a decision.
A resident also asked the Board to consider what the traffic issue could be.
Nancy Stage stated that she did complete research on ALL tax maps on Warren Road
and the ratio of residences to industrial properties is 4 to 1. The ratio of frontage in the Town of
Lansing on the same section of Warren Road is 2 to 1 residential to industrial. She also spoke to
John Mangeroni who is the head of Real Estate at Cornell University and he stated that Lot 6 will
never be developed any differently than it is currently which is research ponds for the vet school.
Dave Herrick reported on the following:
VILLAGE CIRCLE WATER TANK PAINTING:
Mr. Herrick recommended that the Town Board accept the low bid for the tank repainting
project of $ 139,120.00 from Amstar of Wester, New York. The following resolution was then
adopted:
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler:
WHEREAS, the Town Engineer for the Town of Lansing has solicited and received bids
for the painting of the Village Circle Water Tank, a water tank owned by the Town of Lansing
and used by the Town as a part of the water supply distribution system for the Town, and
WHEREAS, the low bidder for the project is the Amstar Corporation with a bid of
$ 139,120.00, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby accepts the bid of
Amstar Corporation for the painting of the Village Circle Water Tank, subject to approval of
contract documents by the Town Engineer and Town Attorney, and the Town Supervisor is
authorized to execute documents as necessary to enter into an agreement.
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
RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith:
RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at
9:04 p.m. to discuss contract negotiations on the new Town Hall.
Carried.
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Continued June 16, 1999
RESOLUTION, offered by Mr. Butler and seconded by Mr. Farkas:
RESOLVED, that the Executive Session be terminated at 9:14 p.m. and the Regular
Meeting be reconvened.
Carried.
Jason Demarest from Tallman and Tallman read the Synopsis of the Lansing Town Hall
Budget Negotiations to the Board Members as follows:
Key Points,
Total construction costs are under budget, including typical contingency costs
• budget surplus now exists on top of the contingency
• basement of 1,141 SF (net) is included
All current storage needs, as well as room for future expansion can be met by the basement
The storage room on the main floor is expandable into future office space
All parking areas will receive both the base and finish paving
After completing a parking needs assessment, it was found that an exorbitant area had been
included in the contract documents -the parking area has been reduced by 700 SY, but that area
can still be utilized as "overflow" parking
Original furnishings budget will remain untouched
Court benches ARE included
Major Changes to Project (since 5/19/99 bid opening):
Substituted steel joist roof system with clear span wood trusses
Eliminates attic catwalk, except for built -in mechanical room
Reduced basement to 1,141 SF (net)
Eliminates 3 -story steel stairs
Reduced paving area -45 total parking spaces, plus more "green space"
Cost Analysis:
Actual: Estimated:
Construction Costs: $ 658,069 $ 675,000
(After bid negotiations)
Extraneous costs: $ 619934 $ 759000
(Work to be completed by Town)
Sub - total: S7209003 $ 750,000
Contingency: 149400
(Typically 2% of construction costs)
Total: $ 734,403
Surplus: $ 155597
The following resolution was then offered:
RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith:
WHEREAS, the Town of Lansing solicited and received bids for the construction of a
new Town Hall, with low bids having been received from Orlando Construction Corporation
(General contracting), Sure Temp Corporation (Heating), G.J. Adams (Plumbing) and Knapp
Electrical Corporation (Electrical), and
WHEREAS, the architect for the Town Hall project reported on the status of the
discussions with the bidders for the construction of the Town Hall, and presented a summary of
the project costs, with agreed prices from contractors as follows: Orlando Construction
Corporation ($ 488,942.00), Sure Temp Corporation ($ 65,000.00), G.J. Adams ($ 36,232.00)
and Knapp Electrical Corporation ($ 67,895.00), showing a total cost with contingencies of
$734,403.00, which total is below the budgeted figure for the construction of the Town Hall, and
the Town Board having discussed the project and the costs associated therewith, therefore, it is
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Continued June 16, 1999
RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the Town
Supervisor to execute letters of intent to the four contractors for the work to be performed at the
agreed costs, and further authorizes the Town Supervisor to execute all documents necessary to
enter into agreements for the construction of the Town Hall.
Vote
Vote
Vote
Vote
of
of
of
of
Town
Town
Town
Town
Board .
Board.
Board .
Board.
Vote
of
Town
Board.
(Aye) Herbert Beckwith, Councilman
(Aye) Paul Butler, Councilman
(Aye) Jeffrey Cleveland, Councilman
(Aye) Stephen Farkas, Councilman
(Aye) Jeannine Kirby, Supervisor
Mr. Totman gave his monthly report and stated that he was up by 9 permits and
1. 2 and a quarter of a million dollars.
Mr. Totman also stated that a preliminary injunction was issued on the Ottenschott
property which states that one half is to be cleaned up by July 5`h and the rest by August 5`h
1999. Mr. Totman stated that if this does NOT happen, himself and Mr. John will go back to
Supreme Court with further proceedings.
The Town Board then went over the Integrated Water System Proposal word for word
and made changes they felt necessary.
Mrs. Kirby stated that herself, Alan Cohen, Jim Shug and Kathy Valentino all went to a
DEC meeting in Syracuse regarding an Integrated Sewer System. She stated that the DEC would
like to be the Lead Agency. The Board agreed with this and adopted the following resolution:
RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Beckwith:
WHEREAS, the Town of Lansing is preceding with the planning of a joint system with
the City of Ithaca, Town of Ithaca, Town of Dryden, Village of Cayuga Heights and the Village
of Lansing for the construction of sewer collection and pumping facilities, together with
connections to and improvements of the sewer plants in the Village of Cayuga Heights and the
City of Ithaca in a regional approach to meeting the sewer treatment needs of the participating
municipalities, and
WHEREAS, the New York State Department of Environmental Conservation has
proposed that it be chosen as the lead agency for conducting the State Environmental Quality
Review (SEQR) for the project, and
WHEREAS, as the project will cross several municipal boundaries and involve
coordination of the services of different municipal facilities and services, the selection of the
New York State Department of Environmental Conservation as the lead agency to conduct the
SEQR will provide a comprehensive and consistent process, therefore, it is
RESOLVED, that the Town Board of the Town of Lansing hereby agrees that the New
York State Department of Environmental Conservation shall be selected as the lead agency for
the purpose of conducting the SEQR for the proposed joint sewer project involving the Town of
Lansing.
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
AUDIT RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith:
RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following
monthly bills:
Voucher Numbers:
Prepaid Voucher Numbers
Continued June 16, 1999
395 - 495
395-398
FUND TOTAL APPROPRIATIONS
General Fund $ 27,386.72
Highway Fund $ 66,193.64
Lansing Lighting Districts $ 1,330.88
Lansing Water Districts $ 73,962.13
Town Hall Project $ 2,940.25
Equipment Reserve $ 1,940.40
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
It was stated that the Planning Board would like the Town Board to give them
suggestions on any project that they should be looking into. Mr. Butler suggested they look into
the zoning correction and Mr. Herrick suggested they look into the Town becoming reimbursed
for the professional costs in a review process. Mrs. Kirby felt they may want to look into the
development of Agriculture land in the Town.
Mr. Beckwith stated that Fred Stone will not give AES a 4 foot easement, therefore the
proposed water district extension is at a stand still.
Mr. Shulman informed the Board that the pesticide level in Cayuga Lake is higher than
any other. He will be reporting on this issue in his paper.
On motion, meeting adjourned at the call of the Supervisor at 10:47 p.m.
4K2 Z9 61659
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