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Home My WebLink About2000-02-17TOWN OF LANSING REGULAR TOWN BOARD MEETING Date: February 17, 2000 Place: Lansingville Fire Station (1235 Ridge Road) Time: 6:30 p.m. (Audit) 7:00 p.m. ( Regular Meeting) AGENDA 1. Call Meeting to order. 2. Roll Call. 3. Public Hearing - Ottenschott Property (17 Ridge Road). 4. Privilege of the Floor. A. George Totman Be Pete Larson 5. Resolution for the purchase of a dishwasher for the Community Center, 6. Public Hearing - AES request on Fly Ash. 7. Request for rezoning. 80 Water District #17, Ext. 5 (Algerine Road - Lansing Station) 90 Anyone who wishes to address the Board. 100 Audit Resolution. 11. Old Business. 12. New Business. 139 Executive Session if needed. 14. Adjournment. n FEBRUARY 17, 2000 The Lansing Town Board met in Regular Session at the Lansingville Fire Station at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to Order and had the clerk take the Roll Call. ROLL CALL Herbert Beckwith Councilperson Present Katrina Greenly Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson Present Stephen Farkas Supervisor Present Bonita Boles Town Clerk Absent Robin Cornell Clerk Present Richard John Town Attorney Present VISITORS: Richard Inman, Charles and Shelia Nedrow, Doug Hogue, Lyle Wadell, Kathleen Wadell, Jack MacNamara, Ruth Adams, Ralph Lobdell, John & Lura Arcangeli, Gary Tynell, Connie Wilcox, Anita Sullivan, Roger Schnock, Helen Thorn, Alicia and Martin Hirschhorn, Brad Griffin, Barb Bennett, Dennis and Candi Griffin, Donna Scott, Dan Brown, Dave and Joan Hardie, Thomas Jones, Elizabeth Roberts, Teresa Linde, Tony Hall, Matthew Shulman, Dave Herrick and George Totman. George Totman reported the following: MONTHLY REPORT: Mr. Totman stated that his office has issued 7 permits so far this year for a total of approximaley $600,000.00+ which is about average from last year. HIGHWAY DEPARTMENT REPORT: Mr. Farkas reported the following for Mr. Larson who was absent: SNOW PLOW ACCIDENT: A Highway snow plow was invloved in an accident this morning. The snow plow was going up Ludlowville Hill when it slipped off the road and into the ditch. While backing out of the ditch, the plow hit a fire hydrant. The accident happened at approximately 4:30 a.m. which made contacting someone at Bolton Point difficult. One basement was flooded up to about waist high. A small amount of clean -up is yet to be taken care of. DISHWASHER FOR COMMUNITY CENTER• Mr. Larson has obtained three price quotes for a new dishwasher for the Community Center as follows: Wilson Restaurant Equipment, Elmira N.Y. $ 25990.00 Smith Restaurant Supply, Syracuse, N.Y. $ 25568.00 Maines Paper & Food Service, Conklin, N.Y. $ 2,550.00 RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: WHEREAS, the Lansing Town Board authorized the Highway Superintendent to obtain three (3) price quotes for a new dishwasher to replace the old one at the Lansing Community Center and, WHEREAS, the low quote was from Maines Paper and Food Service from Conklin , M Continued February 17, 2000 New York in the amount of $ 2,550.00 and WHEREAS, the Lansing Lions Club and Mrs. Frankie Lechner have both agreed to donate $500.00 each towards the purchase of a new dishwasher, therefor be it RESOLVED, that the bookkeeper is hereby authorized and directed to pay the balance of the bill from Maines Paper and Food Service once the dishwasher is installed and running. Vote of Town Board ... (Aye) Mr. Beckwith, Councilperson Vote of Town Board ... (Aye) Mrs. Greenly, Councilperson Vote of Town Board ... (Aye) Mrs. Overstrom, Councilperson Vote of Town Board ... (Aye) Mr. Shattuck, Councilperson Vote of Town Board ... (Aye) Mr. Farkas, Supervisor OTTENSCHOTT PROPERTY (17 RIDGE ROAD Proof of notice having been furnished, the Public Hearing on the Ottenschott property was called to order at 7:12 p.m. Mr. John explained that the Town is considering purchasing the mortgage on 17 Ridge Road in the Town of Lansing (Cortland Paving). If the Town assumes the mortgage, they would clean up the property and resell it. Comments were as follows: 1. Richard Inman - Would this let the bank off the hook? Mr. John replied, yes. The mortgage would be sold for $ 95,000.00. Mr. Beckwith stated that the Town would have an Environmental Audit performed before taking possession. 2. Dr. Elizabeth Roberts - Would the Town be interested in this property for a Town Center? Mr. Farkas stated that the Town would only clean up the property and resell it as soon as possible. 3. Roger Schnock - Hopes the Town is not putting an albatross around their neck. He stated that he owns the property adjacent to said property and he has not had any luck in selling it. He asked what it would cost to clean up the property. Mr. John stated there is a lot of material on the property that could be sold for scrap at no cost to the Town. He stated that there are some items that would have to be disposed of such as tires, etc. with a cost attached. Mr. Schnock asked if the property would be resold as commercial or residential ?. Mr. Totman stated that it is zoned B 1 which incourgages business and discourages residential. 4. Brad Griffin - Stated that he felt the Town was moving in the right direction. He gave credit to the previous and present Town Board for biting the bullet. All persons desiring to be heard, having been heard, the Public Hearing was closed at 7:25 p.m. The following resolution was then made: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: WHEREAS, the Town Board of the Town of Lansing has received a proposal from the M &T Bank to transfer to the Town of Lansing for the consideration of $95,000, an assignment of a mortgage held by the M &T Bank on property located at 17 Ridge Road in the Town of Lansing; and WHEREAS, the Town Board of the Town of Lansing has entered into discussions with the M &T Bank and has negotiated the terms of an assignment agreement; and WHEREAS, the Town Board of the Town of Lansing has, by prior resolution, scheduled and held a public hearing to receive public comment on this same date, concerning the proposal to purchase an assignment of a mortgage held by the M &T Bank on property located at 17 Ridge qu 45 Continued February 17, 2000 Road in the Town of Lansing; and WHEREAS, the Town Board of the Town of Lansing, having received public comment and determining that a genuine public interest would be served by entering into an agreement to purchase the mortgage of the premises located at 17 Ridge Road from the M &T Bank, upon the condition that the Town be allowed to perform certain environmental testing, and after due consideration, it is, hereby RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the Town Supervisor to execute the Assignment Agreement for the purchase of an assignment of the mortgage held by the M &T Bank on property located at 17 Ridge Road in the Town of Lansing, and further authorizes the commitment of funds to purchase the assignment for the amount of $95,000. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor REZONING REQUEST: Mr. Farkas informed the Board that he has received two requests from property owners on Ridge Road to have their property rezoned. Mr. Farkas recommended that the requests be passed on to the Lansing Planning Board for their review, comment and recommendation. Mr. Farkas has received a request from Lansing Central School stating they are looking for a temporary home for the employees in the District Office Building during the renovation of their present building. They are asking to use the old Town Hall for approximately four or five months. Mr. Farkas stated that he would expect the following from the school district before consideration: 1. Town would not be responsible to put any money into the building for any reason. 2. Lansing Central School would accept full liabilities and obtain libality insurance. 3. Lansing Central School would be responsible for all utilities. Mr. Jones stated that they would only use half a dozen parking spaces. Mr. Herrick passed out copies of a map of the preliminary service area and explained the proposal. The following comments and concerns were aired: Connie Wilcox - ( 83 Algerine Road): This is the third time she has come to a meeting and still wants to be excluded. She stated that the new plans show her property is excluded but at the last meeting she was told that the State would not allow her to be out as it was considered a "cookie cutter" plan. Mr. Herrick informed her that the "original" plan would not allow her to be excluded but that this plan simply looks at the frontage on Algerine and Lansing Station Roads. John MacNamera - He has tried since 1996 and feels he has enough people interested in the proposal to move forward. He stated that this plan tries to make it more equitable for the people involved. He would like to find out EVERYONE'S feelings and then proceed from there. He thanked the Board for their cooperation in the past. He also thanked them for holding the meeting at the Lansingville Fire Station. Four to five residents will be meeting at the new Town Hall next Wednesday morning to see where they are and he also invited anyone interested to attend the meeting. r• qu 45 Continued February 17, 2000 Road in the Town of Lansing; and WHEREAS, the Town Board of the Town of Lansing, having received public comment and determining that a genuine public interest would be served by entering into an agreement to purchase the mortgage of the premises located at 17 Ridge Road from the M &T Bank, upon the condition that the Town be allowed to perform certain environmental testing, and after due consideration, it is, hereby RESOLVED, that the Town Board of the Town of Lansing hereby authorizes the Town Supervisor to execute the Assignment Agreement for the purchase of an assignment of the mortgage held by the M &T Bank on property located at 17 Ridge Road in the Town of Lansing, and further authorizes the commitment of funds to purchase the assignment for the amount of $95,000. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor REZONING REQUEST: Mr. Farkas informed the Board that he has received two requests from property owners on Ridge Road to have their property rezoned. Mr. Farkas recommended that the requests be passed on to the Lansing Planning Board for their review, comment and recommendation. Mr. Farkas has received a request from Lansing Central School stating they are looking for a temporary home for the employees in the District Office Building during the renovation of their present building. They are asking to use the old Town Hall for approximately four or five months. Mr. Farkas stated that he would expect the following from the school district before consideration: 1. Town would not be responsible to put any money into the building for any reason. 2. Lansing Central School would accept full liabilities and obtain libality insurance. 3. Lansing Central School would be responsible for all utilities. Mr. Jones stated that they would only use half a dozen parking spaces. Mr. Herrick passed out copies of a map of the preliminary service area and explained the proposal. The following comments and concerns were aired: Connie Wilcox - ( 83 Algerine Road): This is the third time she has come to a meeting and still wants to be excluded. She stated that the new plans show her property is excluded but at the last meeting she was told that the State would not allow her to be out as it was considered a "cookie cutter" plan. Mr. Herrick informed her that the "original" plan would not allow her to be excluded but that this plan simply looks at the frontage on Algerine and Lansing Station Roads. John MacNamera - He has tried since 1996 and feels he has enough people interested in the proposal to move forward. He stated that this plan tries to make it more equitable for the people involved. He would like to find out EVERYONE'S feelings and then proceed from there. He thanked the Board for their cooperation in the past. He also thanked them for holding the meeting at the Lansingville Fire Station. Four to five residents will be meeting at the new Town Hall next Wednesday morning to see where they are and he also invited anyone interested to attend the meeting. Continued February, 17, 2000 Dr. Elizabeth Roberts - Is there not a precedent to follow regarding funding that has been done in the past? Mr. Farkas stated that the only way a district can be funded is to be in the benefit district. If the guidelines cannot be met then the people within the district have to decide how the funding would be handled. Mrs. Wilcox stated that if Milliken Station hadn't run the water line as they did, this would not be an issue. Beverly Abplanalp - (166 Algerine Road) Asked about bringing a water district into an agriculture district. Mr. Herrick stated that the State Department of Agriculture and Markets is concerned with this but that water and sewer lines can be extended into Agriculture Districts if the guidelines are followed. He also stated that there is a process that the Town has to go through in notifying the State at which time they may ask for certian conditions to applied to the approval. John Areangeli - Asked what "EUD 30" meant and Mr. Herrick stated that it meant the number of mobile homes in Mr. Arcangeli's trailer park. Mr. Farkas stated that if anyone had questions and /or concerns, they should contact John MacNamara. Doug Hogue - Asked for the calculations on Lansing Station Road to be checked on methods B and C. He also asked if it were possible to add a surcharge to water usage to help pay for putting in the water line. Mr. John did not think this was possible. Mr. Farkas thanked everyone and stated that he would try to keep eveyone informed as the process continues. PUBLIC HEARING ON FLY ASH REQUEST FROM AES: Proof of Notice having been furnished, the Public Hearing on AES's request to import fly ash was called to order at 8:00 p.m. Mr. Beckwith stated that AES Hickling has requested the Town Board issue a permit to AES Cayuga to allow the Hickling Plant to bring fly ash into AES Cayuga's landfill. The Department of Environmental Conservation has already permitted this but the Town needs to extend the permit to allow Hickling to bring fly ash to be brought into the landfill site at the AES Cayuga plant. Mr. Paul Southard of 17 Maple Drive asked what amount of ash would be brought in. Mr. Beckwith stated that worse case scenario, they would bring less than four (4) tons in per year. Mr. Beckwith stated that he did not think any fly ash would be brought in but an alternate site is needed for permitting and financing. RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: RESOLVED, that everyone desiring to be heard, having been heard, the Public Hearing on AES fly ash request was closed at 8:08 p.m. Carried. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom. WHEREAS, the Town Board of the Town of Lansing has received a request from AES Cayuga, to grant a permit pursuant to Town of Lansing Local Law No. 1 of 1988, entitled "A Local Law Regulating Solid Waste Management ", as amended by Local Law No. 1 of 1993 to allow the disposal; of fly ash and bottom ash from another coal fired power generating plant, AES Hickling, at the solid waste management facility located at AES Cayuga in the Town of Lansing; and WHEREAS, the solid waste management facility located at AES Cayuga in the Town of Lansing operates and is regulated by the New York State Department of Environmental 47 Continued February 17, 2000 Conservation, and is authorized to dispose of fly ash and bottom ash at the site; and WHEREAS, the Town Board of the Town of Lansing having held a public hearing pursuant to the terms of Town of Lansing Local Law No. 1 of 1988, entitled "A Local Law Regulating Solid Waste Management ", as amended by Local Law No. 1 of 1993 and received public comment on the proposed permit on the 17th day of February, 2000, at the Lansingville Fire Hall, therefore, it is, hereby RESOLVED, that the Town Board of the Town of Lansing hereby approves and grants the request by AES Cayuga, for a permit pursuant to Town of Lansing Local Law No. 1 of 1988, entitled "A Local Law Regulating Solid Waste Management ", as amended by Local Law No. 1 of 1993 to allow the disposal; of fly ash and bottom ash from another coal fired power generating plant, AES Hickling, at the solid waste management facility located at AES Cayuga in the Town of Lansing, and authorizes the Town Supervisor to execute the permit on behalf of the Town Board of the Town of Lansing. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor INTERMUNICIPAL CABLE COMMISSION MEETING• Mr. Beckwith stated that he attended a meeting with Time Warner. There was about 30 different items on the negotating table. Mr. Becwkith stated that Time Warner insists that there be 20 homes to extend the cable. He stated that if Time Warner has extended to properties that have seven homes within a mile, they will have to do the same for any other mile that has seven or more homes within the franchise area. Mr. Beckwith also felt the franchise agreement between Time Warner and the Town should be looked into. Mr. Beckwith will attend the next meeting that will be held in April. CENSUS REPORT: Mr. Shattuck stated that the County had a census meeting which he attended. The County is very close to 100,000 people which could bring in extra monies such as HUD, etc. Everyone will have a census form mailed to them. The ones that do not reply, will have a visit from someone to help them fill it out. Mr. Farkas stated that he would like to thank the Fire Commissioners for the use of the Fire Station for tonights meeting. He would like to move the meetings around the Town if possible. LIBRARY COMMITTEE: Mrs. Greenly stated the library committee met this week and finalized the survey that will be available at all public points. Would like to get a return of one survey per household. The committee would like to have the survey's returned by March 10, 2000. 2010 COMMITTEE: Mrs. Overstrom will be meeting with Cheryl Nickels tomorrow to be updated on what happened with the 2010 committee in the past. She will be trying to put together a consumptual idea. I � i Continued February 17, 2000 CULTURAL EVENT: Mr. Matt Shulman informed the Board that a year ago the Lansing Community News brought a chamber group to the middle school auditorium as part of a project to start bringing cultural events to Lansing. He stated that there will be a cultural reading on Friday, March 3, 2000 at 7:30 p.m. at the new Town Hall. There will be no charge but a good will offering at the door. The proceeds will go toward a monument in the future. AUDIT RESOLUTION: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Voucher Numbers: 49- 149 Prepaid Voucher Numbers: 49 - 53 FUND TOTAL APPROPREATIONS General Fund 50,780.53 Highway Fund 553496.24 Lansing Lighting Districts 1,330.88 Lansing Water Districts 45568.04 Town Hall Project( * *Contigent on completion of punch list) 21,680.91 Debt Service Fund 459451.60 Vote of Town Board. Vote of Town Board. Vote of Town Board. Vote of Town Board . Vote of Town Board . (Aye) Herbert Beckwith, Councilperson (Aye) Katrina Greenly, Councilperson (Aye) Meg Overstrom, Councilperson (Aye) Francis Shattuck, Councilperson (Aye) Stephen Farkas, Supervisor Mr. Farkas thanked Robin Cornell for taking the minutes tonight. Mr. Herrick informed the Board that he has reviewed the calculations on Lansing Station Road as he was asked to earlier in the meeting and that the calculations ARE correct. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Beckwith: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 8:59 p.m. to discuss the McKane and Ottenschott litigations. Carried RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:14 p.m. Carried On motion, meeting adjourned at the call of the Supervisor at 9:15 p.m. I,& -� X X