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HomeMy WebLinkAbout1999-08-04277 August 4, 1999 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room on August 4, 1999 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 Present Councilman Present Councilman Present Councilman Present Councilman Present Town Clerk Present Town Attorney Present VISITORS: Linda Caliel, George Totman, Dave Herrick, Brad Griffin, John McNamara, Matt Shulman, Steve and Amy Boardman, Mike Heisler and three other residents. The Supervisor called the meeting to order and had the clerk take the Roll Call. Mrs. Kirby stated that the residents at the upper part of Asbury Road would like to be included in the proposed Water District No. 19. Mrs. Linda Caliel stated that she was VERY upset with the way things were going with this district. She felt that if these people wanted to be included, they should have spoke up earlier and that at the last meeting the Board voted to eliminate the upper part of Asbury Road and felt they should stick to their decision. She also stated that she was very upset with the way the Attorney incorrectly advertised the Public Hearing. She stated that Maple and Franklyn residents are unanimous about wanting public water and feels the Board should proceed without delays. Mr. John apologized to Mrs. Caliel as it was his fault the Public Hearing was not advertised right. She stated that she was very frustrated with the whole procedure. Mr. Herrick stated that the Final Engineer's Report was completed and that it DOES include all of Asbury Road from Benson Road to North Triphammer. He stated that out of 12 parcels, seven were very interested and five were questionable. Mr. Herrick felt it was very positive to include the balance of Asbury Road in the proposed district as it would fulfill one more loop in the Town's system as it would connect the Warren Road line to the Triphammer Road line. The total cost of the project as proposed is now $ 700,000.00. The equivalent dwelling units (EDU) is now up to $ 643.00 vs $ 636.00 which was the figure excluding the Asbury Road section from Benson to N. Triphammer Rd. Mr. Farkas asked if the additional units in the upper part of Asbury Road would increase the vulnerability of the situation in presenting a petition stating that they may NOT want to be included which could force a referendum. Mr. John did not have the figures as to what it would take to force a referendum but would research it and get back to the Board. Mr. Mike Heisler of 221 Asbury Road stated that he was the one that asked for the upper part of Asbury Road to be included but did not realize that it may delay the original district. He stated that there were only three houses that really want water and that the rest do not have water problems. He stated that no one was adamantly against it but that if the Board did not include them, only a couple of people would be upset. The following resolution was then offered: NOTICE TO ALL TOWN OF LANSING RESIDENTS NOTICE OF PUBLIC HEARING REGARDING THE ESTABLISHMENT OF WATER DISTRICT 19 (Town Law 209 -d) In the matter of the Petition for the Establishment of a Water District in the Town of Lansing, Tompkins County, New York. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: WHEREAS, a written petition in due form and containing the required signatures has been presented to and filed with the Town Board of the Town of Lansing, Tompkins County, 278 Continued August 4, 1999 New York for the establishment of a Water District in said Town to be bounded and described as follows: The properties located on Franklyn Drive, Maple Drive, Armstrong Road and the portion of Asbury Road between the intersection of North Triphammer Road and Benson Road, being all those tax map parcels indicated on Schedule A to this Notice of Public Hearing and, WHEREAS, the construction proposed consists of the installation of approximately 9,865 linear feet of 8 inch ductile iron pipe along Franklyn Drive, Maple Drive and Armstrong Road, and the installation of approximately 4,675 linear feet of ductile iron pipe along Asbury Road, and approximately 76 one inch service connections from the water mains to each property line, together with appurtenant facilities including valves, fire hydrants and connections to the existing mains, in accordance with a map, plan and report contained within Engineer's Report prepared by the Town Engineer, which report is made a part of such petition and is now on file in the office of the Town Clerk of said Town, and WHEREAS, the maximum amount proposed to be expended for said Water District, as stated in the said petition, is the sum of Seven Hundred One Thousand Seven Hundred and 00 /100 Dollars ($701,700.00), and with a proposed financing term of twenty years and a bond rate 5.25 %, the estimated annual cost for a typical property within the Water District is $ 643.00 plus the estimated average annual cost of water in the amount of $ 327.40, and estimated average one time hook -up fees for connection of the service line to the residence in the amount of $ 2,865.00, THEREFORE, upon the motion of Herbert Beckwith, and seconded by Paul Butler, and the vote being unanimous, it is hereby ORDERED, that a meeting of the Town Board of said Town of Lansing shall be held at the Lansing Town Hall Court Room, Lansing, New York on the 18`h day of August, 1999 at 7:00 in the evening of that day to consider the said petition and to hear all persons interested in the subject thereof concerning the same and for such other action on the vote of said Town Board with relation to the said petition as may be required by law or proper in the premises. SCHEDULE A Water District 19 Tax Map Parcels 37.1 -3 -9 37.1 -3 -44 38 -1- 16.211 37.1 -3 -10 37.1 -3 -45 38- 1- 16.212 37.1 -3 -11 37.1 -4 -2.31 38 -1 -16.22 37.1 -3 -12 37.1 -4 -2.32 38 -1 -16.3 37.1 -3 -13 37.1 -4 -2.33 38 -1 -16.4 37.1 -3 -14 37.1 -4 -2.4 38 -1 -16.5 37.1 -3 -15 37.1 -4 -2.51 38 -1 -16.6 37.1 -3 -16.1 37.1 -4 -2.52 38 -1 -16.7 37.1 -3 -17 37.1 -4 -2.53 38 -1 -16.8 37.1 -3 -20.2 37.1 -4 -2.54 38 -1 -16.9 37.1 -3 -21 37.1 -4 -2.6 38 -1 -17.3 37.1 -3 -22 37.1 -4 -2.9 38 -1 -18 37.1 -3 -23 37.1 -4 -3 38 -1 -19 37.1 -3 -24 37.1 -4 -4 38 -1 -20 37.1 -3 -25 37.14-5 38 -1 -22 37.1 -3 -26 37.1 -4 -9 38 -1 -23 37.1 -3 -28 37.1 -4 -10 38 -1 -24 37.1 -3 -29 37.1 -4 -11 38 -1 -25.32 37.1 -3 -30 37.1 -4 -12 38 -1 -25.8 37.1 -3 -31 37.14-13 38 -1 -44 37.1 -3 -32 37.14-14 38 -1 -45 37.1 -3 -33 37.14-15 38 -1 -1.3 37.1 -3 -34.1 37.1 -4 -16 38 -1 -1.4 37.1 -3 -34.2 37.1 -4 -20 38 -1 -1.5 37.1 -3 -35 38 -1 -1.2 38 -1 -1.6 37.1 -3 -36 38 -1 -1.8 38 -1 -1.7 37.1 -3 -37 38 -1 -14.3 38 -1 -1.9 37.1 -3 -38 38 -1 -14.4 38 -1 -11 37.1 -3 -39 38 -1 -14.51 38 -1 -12 279 Continued August 4, 1999 37.1 -3 -40 38 -1 -15 38 -1 -13 37.1 -3 -41 38 -1 -16.1 38 -1 -14.1 37.1 -3 -42 38 -1 -14.2 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 LANSING STATION ROAD AREA: John McNamara asked for an update on the proposed HUD grant for the Algerine Road area. Mrs. Kirby stated that she should be contacted by HUD with their answer this month and that she will contact them once a week until she gets an answer. Mr. McNamara stated that he will petition the WHOLE area and get a final answer from everyone in the proposed district once and for all. He also asked if they could apply for the Clean Water Act Fund. Mr. Herrick stated that the Clean Water Act Fund was for sewer but that the Drinking Water Fund has already been factored in. WILDERNESS ROAD AREA: Steve and Amy Boardman of 25 Wilderness Road out of the original proposed district. Mr. Boardman asked individual basis and how to proceed. Mr. Herrick told Mr. and Ludmilla Jenkins to see if one of them might give hin through their property. Mr. Boardman will do this and get stated that another house has dropped if the hook ups could be on an Boardman to contact Kevin Kauffman i an easement to run the water line back to the Board. EAST SHORE CIRCLE WATER DISTRICT( WATER DISTRICT 7, EXT 11)0 After a short discussion, the following resolution was offered: NOTICE TO ALL TOWN OF LANSING RESIDENTS NOTICE OF PUBLIC HEARING REGARDING THE ESTABLISHMENT OF WATER DISTRICT 7 Extension 11 (Town Law 209 -d) At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York held at the Town Hall in said Town of Lansing, Tompkins County, New York on the 4`h day of August, 1999, In the matter of the Petition for the Establishment of a Water District in the Town of Lansing, Tompkins County, New York. WHEREAS, a written petition in due form and containing the required signatures has been presented to and filed with the Town Board of the Town of Lansing, Tompkins County, New York for the establishment of a Water District in said Town to be bounded and described as follows: The properties located on East Shore Circle identified as follows: Parcel No. Address 37.1 -9 -1 112 East Shore Circle 37.1 -9 -3 118 East Shore Circle 37.1 -9 -5 115 East Shore Circle 37.1 -9 -6 121 East Shore Circle and, WHEREAS, the construction of the installation of approximately 490 linear feet of 8 inch ductile iron pipe and one 4 inch service connections form the water mains to each residence, together with appurtenant facilities including valves, fire hydrants and connections to the existing mains, in accordance with a map, plan and report contained within an Engineer's Report prepared by the Town Engineer, which report is made a part of such petition and is now on file 280 Continued August 4, 1999 in the office of the Town Clerk of said Town, and WHEREAS, the maximum amount proposed to be expended for said Water District, as stated in the said petition, is the sum of Fifty Two Thousand One Hundred and 00 /100 Dollars ($ 52,100.00), to be paid in part by financing by the property owners in the amount of $ 31,600.00, with a proposed financing term of ten years and a bond rate of 5.75 %, the estimated annual first year cost for a typical property within the Water District being $ 1,060.00, plus the estimated average cost of water in the amount of $ 327.40; and the remaining amount necessary for the installation of the facilities by a Town -wide Excess Facilities Charge pursuant to Section 192 -a of the Town Law in the amount of $ 20,500.00, and such Excess Facility Charge shall be a Town -wide charge and will be subject to a Town -wide permissive referendum. If water lines are extended beyond this proposed district extension boundary, the Excess Water Facility Charge will be reimbursed to the Town pursuant to a formula shown in the Engineer's Report: THEREFORE, upon the motion of Stephen Farkas, and seconded by Herbert Beckwith and the voting being unanimous, it is hereby ORDERED, that a meeting of the Town Board of said Town of Lansing shall be held at the Lansing Town Hall Court Room, Lansing, New York on the 18`h day of August, 1999 at 7:00 p.m. in the evening of that day to consider the said petition and to hear all persons interested in the subject thereof concerning the same and for such other action on the vote of said Town Board with relation to the said petition as may be required by law or proper in the premises. 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 also for the application process for the Bond Act money total $ 120,000.00 . Six municipalities are being asked to spend $ 20,000.00 each. Mr. Herrick felt the money could come out of the engineering expenses in the budget but that if this does come out of the engineering budget, it could be short at the end of the year. Mr. Herrick stated that everyone will participate in the SEQR process. The following resolution was then offered: RESOLUTION offered by Mr. Beckwith and seconded by Mr. Butler: WHEREAS, the Town Board of the Town of Lansing has received a proposed Cost Sharing Agreement and Addendum to Cost - sharing Agreement prepared for the municipalities involved in the planning for the joint sharing sewer project, and WHEREAS, the proposed Cost - sharing Agreement and Addendum to Cost - sharing Agreement require the payment of the amount of $20,000, by each of the six involved municipalities to pay for the total cost of the engineering services required for the planning of the project in the amount of $ 120,000, and WHEREAS, the engineering services are required in order to proceed with the planning and development of the project, in addition to the application for grant funding for the project, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby directs that the Town Supervisor is authorized to execute the proposed Cost - Sharing Agreement and Addendum to Cost - sharing Agreement, and that the Town shall pay $ 20,000, constituting its share of the cost of engineering services for the planning of the joint sewer project. 281 Continued August 4, 1999 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 WATER TANK PAINTING: Mr. Herrick stated that the painting of the Village Circle water tank was going very well and that the contractor was doing a great job. WATCH TOWER: Rich John talked to Bob Pullock, a representative from Watch Tower who stated they had received the proposed contract, reviewed it and were in general agreement with it including the provision that they make preliminary payment in 1999 to be applied against the Town's outstanding sewer expenses. They had one request which was that they would like to have a water district established for their land. Watch Tower would fund the whole district. The Board was concerned whether or not the people on Buck Road were promised that they could be in the district when complete. This will be looked into. Rich will talk to the representatives and get back to the Board. Watch Tower will meet with the Town Board in October to give an update. Brad Griffin, a Lansing Planning Board Member, gave the Town Board a list from the Planning Board regarding foreseeable project. He asked the Board Members to look it over and get back to him with their suggestions and or concerns. NESTS STUDY: Mr. Griffin did NOT feel that the north/south connectors were wisely chosen. He also felt the freight study would be very beneficial to the Town. Mr. Griffin suggested that the Board look over his comments and if they agreed with him, to make a statement to the Tompkins County Planning Department stating that Mr. Griffin was the Town's representative to the NESTS committee and that they agree with his comments. Mrs. Kirby stated that she will have Sharon Bowman type up the comments and get them to the Board Members as soon as possible. MAPS: Mr. Griffin has been working with the County Planning Department to come up with a LARGE map that all could use, which he showed to the Board Members. It was felt that the planning office in the new Town Hall would be a good place for it. The Town Board liked the idea but felt that the aerial photos should be updated. WARREN ROAD ZONING: Mr. John suggested to the Town Board that they present one possible option to the people in the Warren Road area. He felt both sides had good arguments. He stated the following: 1. The Town Board CANNOT "spot zone ". 2. The resident's objection is to industrial /manufacturing type of use. 3. Town Board could rezone it Industrial Research and at the same time, set some very clear parameters that the Town would consider so that the buyer would also have clear guidance on what would be appropriate development in that area within in site plan review such as proper buffers, lights, noise, odors, hours of operation of proposed use and traffic as it would effect adjacent neighborhoods. Entrances on Warren Road could also be an issue. 4. A clear statement policy could be set that would not bind upon future Board Members but it would give a clear direction and guidance to them. Mr. Griffin asked if limitations on said property would be unique within all other IR 282 Continued August 4, 1999 properties in the contiguous zone. Mr. John stated that they would not be and that they would not be binding on any future buyer. He felt it would seem highly unlikely that a future Board would act contrary to the policy statement but that it is not an absolute guarantee. Site Plan Review is set up to take care of a situation at that time within the context that it is zoned IR. Mr. Griffin asked if Mr. Steven's has ever made any contact or demonstrated any negotiation. Mr. John stated that he has had a lengthy discussion with Mr. Steven's Attorney and felt it would always have the question of what is appropriate in that neighborhood. Mr. Farkas stated that in consideration of the overwhelming people and neighbors that are against it, he could not support a zoning change at this time. Matt Shulman asked if there were certain uses that would not be subject to site plan review at all. Mr. Totman stated that if the Town Board did not feel it would be detrimental to the neighborhood, it would not be subject to site plan review. Mr. Totman stated that in general, in the ordinance, it was the Planning Board and the Town Board's intention to wherever possible, not to make the dividing line of a road, the dividing line between districts. Mrs. Kirby stated that many of the homes in the Hillcrest area would not be worth as much as they are today without the Water District. Brad Griffin agreed with Mr. Totman that it was never the intent of the Planning Board to have people look out their front door at someone in a different zone. He felt the Town Board should weigh the assertions of benefit/damage that are convincing to a reasonable person in moving toward a solution in this case. Mr. Griffin and Mr. Totman will bring this to the attention of the Planning Board for their comments and /or suggestions. Mr. Farkas stated that since the owner never tried to sell the land as residential, could he show financial loss if he tried to sell it at 200+ thousand vs. 100+ thousand as the price may be if it were listed as residential. Mrs. Kirby stated that the land is in a water district which Mr. Steven's pays the unit charge on. Mr. Totman stated that Barbara Lott who is across the road from the Nancy Stage property has had a four (4) lot subdivision for at least ten (10) years and has not yet sold a lot. Mr. Griffin asked if there was a statutory limitation as far as the Board making a decision. Mr. John stated that there was NOT as it was legislation. It was decided that Nancy Stage and Mrs. Skoch be notified when the Board will make a decision. (The decision should take place at the August 18`h or September 1 It meeting). Mr. Griffin asked if the owner would be bound to make the Board's decision known to any person, including any buyer. Mr. John stated that the seller could not be bound to tell a buyer that the Town Board considered this. The Attorney should check with the zoning officer before a buyer put in a purchase offer. Mr. Griffin felt it would only work if everyone involved knew the situation. Mr. John felt that if the seller were fully aware of the situation, he or she should make it clear to the buyer. He also stated that the Town Board was not in the position to put anything in the Abstract of Title or to ask for a deed restriction because the Town Board does not have this power. Mr. John suggested that the Town's Statement of Policy be copied from the minutes and placed in Mr. Steven's folder in the Zoning Office. A copy of the Minutes of June 16, 1999, having been given to the Board Members before hand, 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. Cleveland: RESOLVED, that the minutes of June 16, 1999 are hereby approved as submitted. Carried. Mrs. Kirby stated that bills will soon be coming in for the new Town Hall and wanted the Board's opinion where they would like the money to come from. Mr. John stated that Andy LaVigne suggested it come out of the Reserve Fund. The Board agreed with this but stated that they would like to see a payment schedule. The following resolution was then offered: 283 Continued August 4, 1999 RESOLUTION, offered by Mr. Farkas and seconded by Mr. Beckwith: WHEREAS, the Town of Lansing is expecting to receive applications for payment by the contractors performing construction on the new Town Hall, and WHEREAS, by prior resolution of February 25, 1998, the Town of Lansing has designed that a portion of the cost of the Town Hall be paid from a reserve fund in an amount not to exceed $350,000.00, which reserve fund has been funded by deposits from the Town's share of the sales tax money which is returned to the Town, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes that money be transferred from the reserve fund to apply against applications for payment on the construction of the new Town Hall in an amount not to exceed $ 35000.00. 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 Mrs. Kirby informed the Board that Mrs. Schmidt from the Village of Lansing has asked for a copy of the Town's Highway Budget for the past ten (10) years as she feels the Village has been over taxed. The Town Board did not agree with this. Mrs. Kirby stated that Bolton Point's Budget is $ 188,000.00 less than last year. A discussion was held regarding changing the name of Milliken Station Road from Rt. 34B down to the intersection of where it turns to go to the cottages to Cayuga Drive. The following resolution was then made: RESOLUTION, offered by Mr. Butler and seconded by Mr. Farkas: WHEREAS, the Town Board of the Town of Lansing has received a request from the new owners of the electric plant in the Town of Lansing, AES Cayuga, to rename Milliken Station Road to Cayuga Drive for the portion of the road leading from Route 34B to the power plant, and WHEREAS, there are no residences along the section of Milliken Station Road that would be affected, and the residences along the end of the present Milliken Station Road will keep the present road name, and WHEREAS, the proposal has been reviewed by the Tompkins County Fire Disaster Coordinator's Office for compatibility with the 911 Emergency Service System, and the use of the name Cayuga Drive is acceptable, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby directs that the name of the Milliken Station Road be changed to Cayuga Drive, and that the Town Highway Department maintain signs indicating both road names for a one year period as a transition to alert users of the road of the name change. Vote of Town Board ... (Abstained) 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 Mr. Herrick discussed "Attachment # 1" which is sort of part of the draft unified engineer's report for Sterns and Wheeler but it's not really as it is NOT bound to the report. He 284 Continued August 4, 1999 stated that the attachment appeared to be an evaluation of an alternative where everyone is being completely removed from the Cayuga Heights Plant with the exception of Cayuga Heights. Mr. Herrick stated that he was totally opposed to this and the Board agreed. On motion, meeting adjourned at the call of the Supervisor at 9:40 p.m.