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 2511 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 258 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 259 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 260, 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. 261 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 262 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 263