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Home My WebLink About2000-03-15REGULAR BOARD MEETING DATE: MARCH 15, 2000 TIME: 6:30 - AUDIT 7:00 - REGULAR MEETING PLACE: LANSING TOWN HALL BOARDROOM AGENDA 1. Call Meeting to Order. 2. Roll Call 3. Privilege of the Floor: A. Anyone who wishes to address the Board Be George Totman - Code Enforcement Officer C. Pete Larson - Highway Superintendent 4, Fernando DeAragon - Update on NEST survey. 5. Milliken Point Water - Wr. # 17, Ext. # 61 6. Resolution to extend lease agreement with Vestal Asphalt, Inc. T Audit Resolution, 80 Resolution in support of the Code Enforcement Aide, 9, Approve Minutes of February 2, 2000, 10. Executive Session if needed. 11. Adjournment. 49 March 15, 2000 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. Stephen Farkas Herbert Beckwith Katrina Greenly Meg Overstrom Francis Shattuck Present Town Clerk Bonita Boles Richard John ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present VISITORS: Michael & Linda Chapman, Mr. and Mrs. Fred Stone, Lyle Wadell, Matt Shulman, Connie Wilcox, Fernando DeAragon, Ellen Woods, George Totman, Dave Herrick and Andy LaVigne (8:35 p.m.) Fernando DeAragon - NESTS• Mr. DeAragon, from the Tompkins County Transportation Council stated that the NESTS plan had been completed. He stated that there are some policy recommendations which he reviewed. Recommendations included land use, bicycle /pedestrian transportation and the north/south corridor. Enhanced transit system was also discussed. He stated that support from the Town Board would be appreciated at a later date. He will continue to keep in touch with the municipalities and the Highway Superintendents. Mr. Farkas stated that he had concerns regarding the original north/south corridor and could not support it in that aspect. He stated that he felt that there is a need for one, just not the way it was originally laid out. Mr. Farkas thanked him for his time. Mr. Herrick spoke on the following: Milliken Station Water District (Water 17, Ext. 6): Mr. Stone stated that he felt it was unfair to him to have to pay the same amount as the other residents which is a maximum of $ 3,500.00 as the line is in his driveway. The Board informed him that they want to see ONE water district there and not two. After a lengthy conversation, Mr. Stone stated that he would agree to the $3,500.00 if the agreement states the he would never pay more than that amount. Mr. Herrick will get the map, plan and report together and send copies to all landowners involved once the Board approves it. The Board will hold a special meeting on March 22, 2000 at noon to set a date for a public hearing on the proposed water district (public hearing will be held on April 5, 2000). AUDIT RESOLUTION RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher numbers: 150-284 Prepaid voucher numbers: 150- 152 Continued March 15, 2000 FUND TOTAL APPROPRIATIONS General Fund $ 4407.21 Highway Fund 56,545.20 Lansing Lighting Districts Lansing Water Districts Town Hall Project 1,320.61 3,254.24 73,965.78 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 RESOLUTION IN SUPPORT OF CODE ENFORCEMENT AID: Mr. Totman stated that in 1985 there was insurance money available to Towns and Villages to help in the hiring of Code Enforcement Officers. The State quit this process in 1991. There is still money from the insurance companies going into the State General Fund. The new International Code will take effect January 1 of 2002. The N.Y.S. Association of Town are pushing all Towns to write to their Senators and Assemblymen to reenact it so the monies go back to the Towns and Villages. The Town Board agreed with the Association of Towns and made the following resolution to authorize the Supervisor to write a letter to State Assemblyman Luster and Senator Seward stating that the Town of Lansing supports the action of the Association of Towns amendment concerning the aid for the Code Enforcement Officers. Mr. Totman stated that area Code Enforcement Officers will be meeting with Assemblyman Luster to discuss this matter. RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Beckwith: WHEREAS, the State has begun the process of replacing the current State Fire Prevention and Building Code with a new uniform code based upon a National model; and WHEREAS, this transition will require extensive retraining of all local government code enforcement and administrative personnel; and WHEREAS, the State is still collecting the insurance premium surcharge which was established in order to fund local government code enforcement assistance but has been using it for its own General Fund purposes since 1992: and WHEREAS, the proposed State Budget for Fiscal Year 2000 -2001 contains only $3 million of the $12 -$15 million raised annually from the enhanced surcharge to cover local retraining expenses: NOW THEREFORE BE IT RESOLVED, that the Town of Lansing joins with the Associations of Towns to urge the Governor and Legislature to return the insurance premium surcharge monies to local governments who will continue to be responsible for the administration of the code and for whom education and training will become critically important with the adoption of a new uniform code. 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 FIRE HYDRANT BREAKAGE IN LUDLOWVILLE. Mr. Farkas explained that the hydrant in Ludlowville that was hit by a snow plow caused 51 Continued March 15, 2000 a septic tank on Eade's property to collapse. The well next door, owned by Stephanie and James Mason, was also contaminated. Mr. Farkas has discussed the problem with all parties involved and the Town has agreed to install the public water line, and pay the installation fee for the water line to the Mason's home. Mr. Farkas stated that the Town will install the water line to the house only and will not be responsible for any inside plumbing that may be incurred. The approximate cost to the Town is $800.00. Mr. John will write up an agreement as soon as possible. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: WHEREAS, a hydrant included as a part of the Lansing water system designated as Water District 7 Extension 1, located on Ludlowville Road burst on February 17, 2000, causing a large amount of water to run down the roadway and ditches and onto the lawns of adjacent property owners, including an area owned by James Mason and Stephanie Levy where a well serving their house is located; and WHEREAS, after the flood of water across their property, James Mason and Stephanie Levy identified a discoloration in their drinking water together with an odor, leading them to have their water checked at Cornell University laboratory with such test results showing a high bacteria count and the possibility that such drinking water had been contaminated by a nearby septic system; and WHEREAS, James Mason and Stephanie Levy have provided the laboratory test results to the Lansing Highway Superintendent showing the well water is contaminated, and the owners have ceased using their water for drinking or other purposes and, therefore, have no present source of water to their home; and WHEREAS, James Mason and Stephanie Levy and the Lansing Highway Superintendent have met and discussed possible resolutions to the problem, and having reached an agreement, that the Town of Lansing will assist the owners, James Mason and Stephanie Levy, by using Town forces to provide a hook up to the Town water system, and that such work will be performed on an emergency basis, and in exchange James Mason and Stephanie Levy shall waive any claims against the Town of Lansing and shall accept the services by the Town of Lansing in full satisfaction of any claims they might have; therefore, it is hereby RESOLVED, that the Town Board of the Town of Lansing hereby approves the terms of the settlement agreement negotiated between the Town Highway Superintendent and James Mason and Stephanie Levy and authorizes the Town Supervisor to execute a settlement agreement containing those terms 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 RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Shattuck: WHEREAS, the Town of Lansing has issued an Order dated January 5, 2000 forming Water District 2 -3, within the Town of Lansing; and WHEREAS, creation of the Water District 2 -3 requires the consideration and approval of the New York State Comptroller pursuant to the New York Code of Rules and Regulations Part 85; and WHEREAS, the Town has prepared an Application of the Town Board of the Town of 52 Continued March 15, 2000 Lansing to the New York State Comptroller for Permission to Create Water District 2 -3; and WHEREAS, the Application was prepared at the direction of the Lansing Town Board, the Lansing Town Board believes the contents of the Application to be accurate and the Lansing Town Board has determined that the Water District 2 -3, for which permission is sought, is in the public interest, will not constitute an undue burden on the property which will bear the cost thereof, all real property to be so assessed will be benefited by the proposed improvements and that no benefited property has been excluded; therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to sign and submit the Application of the Town Board of the Town of Lansing to the New York State Comptroller for Permission to Create Water District 2 -3. 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 PERMISSION TO CREATE WATER DISTRICT #12, EXTENSION #2 RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: WHEREAS, the Town of Lansing has issued an Order dated January 19, 2000 forming Water District 12 -2 within the Town of Lansing; and WHEREAS, creation of the Water District 12 -2 requires the consideration and approval of the New York State Comptroller pursuant to the New York Code of Rules and Regulations Part 85; and WHEREAS, the Town has prepared an Application of the Town Board of the Town of Lansing to the New York State Comptroller for Permission to Create Water District 12 -2; and WHEREAS, the Application was prepared at the direction of the Lansing Town Board, the Lansing Town Board believes the contents of the Application to be accurate and the Lansing Town Board has determined that the Water District 12 -2, for which permission is sought, is in the public interest, will not constitute an undue burden on the property which will bear the cost thereof, all real property to be so assessed will be benefited by the proposed improvements and that no benefited property has been excluded; therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to sign and submit the Application of the Town Board of the Town of Lansing to the New York State Comptroller for Permission to Create Water District 12 -2. 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 2000 CENSUS. Mr. Farkas stated that Congressmen Hinchey's office would like to use the Town Hall Board Room two Wednesday's in April from 2:00 p.m. - 6:00 p.m. in order to help out residents fill out their census forms. Volunteer's are needed for this service.(Groton is being combined with Lansing). Mrs. Overstrom felt this should also take place at night so that working parents could attend the meetings. Mr. Shattuck will look into this possibility but stated that people have to be 53 Continued March 15, 2000 deputized to perform this duty. REGIONAL PLANNING GROUP: RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Beckwith: WHEREAS, as a part pf the planning process for the creation of an inter - municipal sewer system to serve the Town of Lansing and several other municipalities, each municipality has designated a representative to sit on a committee designated as the Regional Planning Group to oversee the planning and development of an inter - municipal sewer agreement, and after due consideration; therefore, it is, hereby RESOLVED, that the Town Board of the Town of Lansing hereby designates Stephen Farkas to represent the Town of Lansing on the Regional Planning Group relative to its development of an inter - municipal sewer agreement. 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 Mr. Totman reported the following: MONTHLY REPORT: Mr. Totman handed out his monthly report and stated that he was about even with last year. JUNK VEHICLES: Mr. Totman stated that he has received a lot of phone calls pertaining to Junk cars and would like the Town Board to take a tour of the Town to see different areas . BUYER -OLD LIQUOR STORE ON RIDGE ROAD: Mr. Totman stated that he has talked to a prospective buyer of the old liquor store adjacent to Ottenschott's property. Said buyer is thinking of putting in a book store. TOWN WEB PAGE: Lyle Wadell showed the Board his prospective web page for the Town of Lansing. This was a draft and he took input from the Board. He will get back to the Board as he progresses. TOWN CENTER MEETING: Mrs. Overstrom informed the Board that she will be holding the first Town Center Meeting in the Lansing Town Hall Board Room on April 11th from 6:30 p.m. to 8:30 p.m. LOUIS GOSSETT JUNIOR RESIDENTIAL CENTER: Mrs. Overstrom also attended a meeting at the Louis Gossett Center and will work on improving good public relations with the people involved with the center. Mr. Farkas is interested in possibly becoming involved in the tele -a- conference set -up that the Gossett Center has in place. �J:I Continued March 15, 2000 LIBRARY ASSOCIATION FUND RAISING: Mrs. Greenly informed the Board that a fund raising meeting will be held on Monday in the Town Hall Board Room, PLANNING BOARD MEETING: Mr. Shattuck reported that the Board decided NOT to make any adjustments to the R2 area on the two requests that came before the Board. They will inform Mr. Farkas of their decision in writing. He stated that they decided they did not want two sides of the road to have two different zones. Mr. Shattuck stated that the Planning Board did not have a quorum and will meet again this month. EXECUTIVE SESSION: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss theVestal Asphalt Agreement, Ottenschott property and the McKane situation at 8:55 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:31 p.m. Carried. DEVELOPMENTS ON PRIVATE ROADS: Mr. John stated that Town policy permits a total of four (4) building lots as Section 280(a) of the Town Law requires that every building lot must have 15 feet of access on to a public road. The Town has been approached by Mr. and Mrs. Page who own property at the end of Sovocool's private road off of Milliken Road. The Pages are claiming a hardship. Mr. Totman and Mr. John discussed this with a man from the State Department who had a different interpurtation of Section 280(a) than Mr. John and Mr. Totman. Mr. John said the State's interpurtation was that the 15 feet of road frontage did not have to be on a town road. Instead, it has to be on a road that is shown on a map of the Town. Mr. John felt he was probably correct. Mr. John felt this may be being enforced unjustly. He stated that it looks like the land in question could be developed if there is enough width and there is enough room for emergency vehicles. He was not sure how the Town can enforce the width of the road for emergency vehicles. The Town Board agreed that a policy needs to be implemented and in order to do so, it was felt that the Town should meet with the Lansing Fire Chief to get his recommendations in order to establish such a policy. On motion, meeting adjourned at the call of the Supervisor at 9:50 p.m. 1: