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Home My WebLink About2000-07-19REGULAR TOWN BOARD MEETING Date. July 19, 2000 Time: Audit: 6:30 p.m - Regular Meeting 7 :00 p.m. Place. Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2. Roll Call. 3. Privilege of the floor: A. Robert Keefe B. Pete Larson C. Anyone else who wishes to speak 4. Open burning on Town property. 5. Water request on Benson Road. 6. Richard Thaler: Whispering Pines Subdivision, 7. Disposition of Old Town Hall. 8. Town property on Hillcrest Road. 99 Sure -Temp proposal. 10. Dave Herrick - Town Engineer. 11. Board Members reports. 12. Audit Resolution, 13. Executive Session if needed. 14. Adjournment. R o July 19, 2000 The Town Board met in Regular Session at the Lansing Town Hall Board Room with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call, ROLL CALL Herbert Beckwith Councilperson Absent Katrina Greenly Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson Present Stephen Farkas Supervisor Present Bonita Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Victoria Freile, Richard Meagher, Deborah Harper, Lucille Kemple, Janet Keefe, Bob Keefe, David Price, Judith Perine, Betty J. Mabrey, Joseph Perine, Mr. Sperling, Candie Bailey, Louise Barr, Kim & Bea Davis, C.N. Nero, Tom & Lisa LiVigne, Phil Skeps, Jill Vaughan, Susie Gosnell, Francis & Heidi Kallfelz, Paul Costantini, Doug Firth, Susan Miller, Patrick McDonough, Debra Nichols, Jean & Richard Wentworth, Sally Klein, Jim & Colleen Evans, Craig Trowbridge, Jon Austin, Bill Drake, Dennis Osika, Caren Baldini, Lawrence H. Conlon Jr., Thomas Payne, Donna Scott, Roberta Wasenko, Michael Chapman, Richard Thaler, Cindy Jay, Don Wallace, Kim Hensel, Fred & Shirley Stone, Mary Decker, Susan Hinderliter, Mary Anne & Walter Poland, Lyle Wadell, David Griffin, Steve Sluty, Catherine Good, David Price, Jim Hulbert, Richard Warkentin, Caroline Rasmussen, Viola Miller, Jackie & Bob Baker, Barbara Barry, Kathy Miller, Alice Farkas, Mary Lou Szabol, Jim Semp, Cheryl Nickel, Henry Sheldon, Matt Shulman, Anthony Hensel, Catherine Morrell, Dave Herrick, George Totman and Pete Larson, MULTIPLE DWELLINGS IN THE TOWN OF LANSING: Mr. Robert Keefe of 4 Dandyview Heights read the following letter to the audience: Outline for Town Meeting July 19, 2000 My name is Robert Keefe. My wife Janet and my son Martin and I all live at 4 Dandyview Heights in Lansing. My purpose tonight is to address the Town Board on the problem of the proliferation of apartments in my area. (Read zoning law purpose) I. History of our Neighborhood A. My wife and I bought our house in 1992 thinking that we would be living in a neighborhood of nine houses. We moved to Lansing because we liked what we saw in the Lansing school system. Our son will be in third grade at Raymond C. Buckley Elementary School. We liked the openness of the land and the friendliness of the people. B. We had planned to make Lansing our home for the rest of our lives. Il. "To conserve the value of property" A. Our nine -lot subdivision on Dandyview Heights was originally intended for houses. The previous owner of the parcel named it Meadow Ridge Subdivision and was planning to build homes. When he sold the property to Mike Hovanec the owner of Bailey Homes, he made it extremely easy for Mr. Hovanec to put up apartments by lifting an existing deed restriction. This was unbeknownst to any of `a Continued July 19, 2000 us on Dandyview Heights. We were never consulted about the change. We were all under the impression from the previous owner that when we purchased our homes the remaining lots would also be homes. B. Even though the existing zoning laws permit either houses or apartments in the R2 zone in which I live, Mr. Totman approved apartments. When I asked Mr. Totman about his decision, he said there was nothing he could do, they were zoned for apartments as well. He said that I should talk to the builder about it. He said "I feel for ya but there's nothing I can do about it." He also said that "the way for people to protect their property is to buy the property around it." Well, not everyone is in the position to do that. C. My wife and I were planning an addition to our house within the next three years. When I talked to our Realtor Grace McMenamin (a well respected and award winning Realtor) about the value of our property, she said that our area has become a real mismatch without any homogeneity since the apartments went up. Grace didn't recommend adding on to our house. She said it was extremely unlikely that we would ever get any of our investment back even ten years down the road. D. My wife and I planned to live in our house for the rest of our lives. We didn't pay $168,000 to live next to a modular built apartment complex. How would you like it if this happened to you? III. Moderate Density? A. As I look out my kitchen window I can see four apartment buildings across the street and three apartment buildings behind me. There are three more triplexes behind me that will be completed within a month. When totaled up, there are at least ninety -five bedrooms and seventy bathrooms in these nine buildings. And this is just on 12 '/2 acres. B. To give you an idea of proportion, the minimum lot size for a single family dwelling with municipal water is one acre. The nine apartment buildings are the equivalent of twenty -four to thirty -one houses (depending whether you calculate a three bedroom or a four bedroom house). C. To put this in further perspective, this is the equivalent to all of the residents on Lakeview and Sperry Lane (17 and 16 houses) put on 12 '/2 acres, or the equivalent of all the residents on Horvath Lane and half the people on Asbury Drive (20 and 13) put on 12 1/2 acres, or the equivalent of all the residents living on Arrowood Lane (7), Whispering Pines (9), and Grandview Terrace (10) put on 12 '/2 acres. How can this be defined as moderate density? D. I believe that the area in which I live has been over built because of the availability of municipal water. It makes it much more attractive to the multi -home builder. At full occupancy the owner of a five triplex apartment complex stand to make close to $14,000 a month. This isn't residential property. It's commercial property. I can just picture multiple apartment buildings all the way up 34B North to the Tompkins County Line. Not a pretty sight, I'm sure. North of me is a RA (Rural Agriculture) zone and anything can go there, including gas stations, supermarkets, and so forth. IV. "To reduce congestion on streets and highways and prevent overcrowding of land" A. Route 34B North where we live is an extremely dangerous section of road. There is a blind rise that goes from Lakeview to the crest of the hill at Beckwith. According to statistics from Cargill Salt, there are over 800 trucks 87 Continued, July 19, 2000 a day coming to their plant at peak times of the year. The trucks are slow and people are impatient. B. Traveling this road 3 times a day, I can attest to being stuck behind a slow gravel truck or a salt truck and someone passing me and the truck as they try to get up the hill. C. Now picture this: There are at least 40 cars on Ronsvalle's property at the crest of the hill. There are at least 10 cars on the Bailey property with the potential eighteen more once the other three apartments are finished. There is potential for a major accident at the crest of the hill. With the number of apartments and traffic, it's not a matter of when, but how soon. D. I've telephoned and spoken to Mr. Totman each time a new Ronsvalle apartment was built and explained the traffic situation. His response was that I needed to talk to the highway department. He acted like it wasn't his concern. To the best of my knowledge, Mr. Gordon Reimels of the New York State DOT wasn't even consulted when any of the apartments were added. E. Two apartments in the Bailey complex use the same trash receptacle. The trash receptacle is located on Beckwith Lane. What this means is that the second apartment residents have to drive onto Route 34B, enter onto Beckwith, discard their trash, and then drive back to their apartment or continue south on 34B. V. Pedestrian traffic A. The closest walking outlet for the people in all nine apartment buildings is Beckwith Lane and Dandyview Heights. There is clearly a safety issue of people crossing Route 34B to walk on our streets from Ronsvalle apartments. B. A dead end street such as Dandyview Heights wasn't designed to be the walkway for the equivalent of twenty -four or more houses. VI. Bus traffic during the School year. A. Lansing school busses are in a compromising position when they stop a few hundred feet beyond the crest of the hill on Route 34B. B. Bus routes had to be modified to pick up children from the Ronsvalle apartments. They are now picked up at the first Bailey Triplex as the busses head south toward the schools. This means that there are children crossing Route 34B (hopefully with parents, thank goodness) at peak traffic times of the day. Again, I seriously doubt if the School District was consulted on this one, even though the purpose of the zoning ordinance is to "facilitate the adequate provision of transportation..." VIII. Problems I have had with my new neighbor, Mr. Hovanec, A. My first meeting with Mr. Hovanec was around August or September of 1999. He was surveying his new property. When I asked him if he was building spec homes he told me yes he was and the new owners could probably see the lake from the top story of their house. It was several months later that I learned from one of my neighbors that Hovanec was building modular triplexes. B. The next encounter with Bailey Homes was when Mr. Hovanec's company was illegally burying building debris from the first apartment. I called the F� Continued, July 19, 2000 Tompkins County Solid Waste Department and reported Mr. Hovanec. I didn't want the chance of any debris filtering onto my property. The problem was corrected but Mr. Hovanec's excuse what that there was some confusion with the laws concerning burying building debris. My gosh, if you're a builder in Tompkins County, isn't it expected that you know these things? I believe that Mr. Hovanec is pulling the same tactics on the third triplex. I've yet to see any large trash bin on his construction site and the work on the triplex is nearly complete. C. There is a problem with runoff from the Ronsvalle apartments and the Hovanec triplexes. (Show pictures of Ronsvalle and Bailey homes). This runoff goes south and west and floods the Sims property. D. The third hassle I had with Hovanec was the construction of a swale behind his property to prevent runoff from his septic system onto my property. The swale should have been put in before the apartments were occupied. Instead he dragged his feet until May. I had to hire a lawyer and threaten legal action to get him to complete it. The first triplex was started around September or October of 1999. E. The latest problem with my new neighbor Mr. Hovanec is that he is advertising his townhouses as three bedrooms each, when in fact they were approved as two bedrooms by the Town of Lansing and by the Tompkins County Health Department. As it stands there are around nine to ten people living in the triplex behind me, while the health department approved only six persons or six bedrooms per triplex. He has finished off the basement and is calling it a third bedroom. Here's a copy of the ad from the Ithaca Journal proving it. Also, if you call up Bailey Homes and ask about the triplexes they'll tell you that they're three bedrooms. So, it appears that nine bedrooms are being rented on a septic system that only covers six bedrooms. Our house is downhill from the first triplex. Our well is less than fifty feet. deep. The raised bed sand filter on Hovanec's property is fifty feet away from my property line. I have great concern that my well and my property will be contaminated. IX. My concerns A. How would any of you like it if someone built five triplexes behind your house? Would your quality of life be the same? With the turnover in apartment population could you really get to know your neighbors? My neighbors on Dandyview Heights have a concern for each other. We look out for each other. We help each other with lawn mowing. We have barbecues and 4th of July parties together. We help each other shovel and plow our driveways in the winter. B. Clearly by common sense definition, the 12 '/2 acres I can see outside my kitchen window is overpopulated and doesn't even approach a reasonable definition of moderate density. This is in direct contrast to the purpose of the zoning laws "to prevent overcrowding of land" and to "avoid undue concentration of population." C. The Code Enforcement Offier did not act in the best interest of my neighborhood. We weren't even consulted on the decision to build apartments in place of homes. The triplexes have drastically changed the makeup of our street. D. Why didn't I come to the Town Board earlier? I have met with Mr. Totman zlv r'. al Continued July 19, 2000 provision of the Town of Lansing Land Use Ordinance, as amended July, 1998, involving the conditions required for the construction of multiple dwelling units in the Town of Lansing, particularly the category entitled "Dwelling, conversion of existing building into three or four dwelling units, multi - family including apartment and condominium, townhouse "; and WHEREAS, the Town Board wishes to review the Land Use Ordinance in light of the public comment received and to consider possible amendments to such Ordinance; and WHEREAS, the Town Board wishes to have an appropriate period of time in which to discuss and consider the issues of amending provisions of the Town of Lansing Land Use Ordinance before allowing the issuance of building permits for the construction or conversion of further multiple dwelling units in the Town of Lansing; therefore, it is hereby RESOLVED, that the Town of Lansing shall impose a sixty day moratorium on the issuance of building permits for multiple dwelling units as entitled in the Town of Lansing Land Use Ordinance as "Dwelling, conversion of existing building into three or four dwelling units, multi - family including apartment and condominium, townhouse" in order for the Town Board to discuss and consider the issue of amending provisions of the Town of Lansing Land Use Ordinance, and to obtain a legal opinion from the Town Attorney. 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 Another unidentified man stated that he was surprised that the creation of a subdivision is left in the hands of one person. He felt a major construction project should go before the Planning Board, have a site plan review and a SEQR. Mr. Totman stated that all sub - divisions (except one lot ones) go before the Planning Board. Mr. Totman stated that the project is NOT a subdivision, but a one lot subdivision. Pat Conlon informed the Board that the councilpersons present were not a part of the preparation of the present zoning ordinance. Mr. Farkas also stated that he was not in office when the document was adopted. Mr. Conlon felt it was a lousy document as the previous Town Board tore apart the document the Planning Board presented to them. He asked the audience to give the Board Members a chance as they inherited the zoning ordinance from the old Board. He then asked them to support and help the Planning Board to adopt an ordinance that the residents can live with and be happy with. A question was asked as to how people will know when this subject will be discussed and Mr. Shattuck stated that the two local newspapers will be notified and it would also be posted on the bulletin board at the town hall. Mr. Shattuck also stated that all were welcome to call Board Members at their homes. An unidentified lady asked the Board to take into consideration, the burden development could have on the school system. MATT SHULMAN- LANSING COMMUNITY NEWS: Mr. Shulman stated that he has a problem with a decision that was made at a DEC meeting that took place on June 28, 2000 in regard to the banning of the media and the press from their meetings. He stated that at these meetings the issues of municipal sewer is discussed. He stated that no other publications have been attending the meetings on a regular basis except for himself and this has been going on for over two years. At the June 9th, 2000 meeting in which Mr. Shulman attended, it was suggested that the press be banned by the lawyer in attendance, Susan Brock and a person from the DEC. They went over the characteristics of when a meeting could be legally closed. It was determined at that point that they could not close an open meeting. Mr. Shulman reported on said meeting and stated that his headline did not please a 0 Continued July 19, 2000 a lot of people. No one challenged him on the facts contained in his story. He was unable to attend the June 29th meeting but learned two things that happened at the meeting: 1. Some progress happened on a couple of particulars 2. A decision was made to ban the public He stated that there are two issues, one being the legal right and the second being the moral right. The reasons given that the public could be banned was that there was no quarem from any one individual municipality present therefore they did not meet the quarem threshold. The other was that no action was taken. The open meeting law states that all votes are to be done in the public process. When public policy debates are going on every step of the public policy debate is suppose to be open to the public. They don't have to come at the last minute, not knowing what's going on. He has sought an advisory opinion from Robert Freeman whom is with the committee on open government but said decision will not come before the end of the month and the next meeting is scheduled for the 28th of July. Mr. Shulman begged the Town Board to do the right thing and leave the meetings open to the public. Katrina commended Matt Shulman on the job he has been doing with his newspaper and recommended that the press be invited to the discussions. Mr. Farkas publicly stated that as an elected official he agrees that he supports the intent of the law and feels the meeting should remain open. Mr. Shattuck felt the whole Board agreed with Mr. Farkas' statement. Bill Sears asked if sewer would open up an avenue for multi - family development like water has done. Mrs. Greenly informed him that the Board is actively taking that into account at this time. KIM DAVIS - VOTING MACHINE PURCHASES: Mr. Davis, the Town Voting Custodian has been informed by the Board of Elections that the Town will have two additional Election Districts when the census is complete. Therefore two more voting machines will need to be purchased. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: RESOLVED, that the Town's Voting Machine Custodian, Kim Davis is hereby authorized and directed to purchase two (2) , 30 column voting machines not to exceed a total amount of $ 600.00. 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, Town Supervisor TOWN SQUARE: Mrs. Overstrom stated that herself and Mrs. Greenly have been hearing a lot in regard to the paving in front of the new Town Hall and around the old Town Hall. She would eventually like to see a Town Square in this area. She proposed the Board do a moratorium on the completion of the paving so that green space can be looked into. RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having determined to direct the Town Highway Department to perform paving of the parking area for the new Town Hall; and WHEREAS, the Town Board wishes to consider the possibility of forming a green space behind the old Lansing Town Hall to be developed as a Town square, therefore, it is hereby RESOLVED, that the Town of Lansing shall delay the installation of blacktop in the area of the parking lot behind the old Town Hall for thirty days in order to consider whether to expand 1 Continued, July 19, 2000 at least a dozen times since November. I spoke to him immediately after I found out about the triplexes. He told me that we didn't need to be notified because a site plan review wasn't required. A few months ago I spoke with Mr. Totman and asked what exactly was "moderate density." He said that was determined by the Health Department. I spoke to Mr. Anderson of the Health Department and he said that the density of a parcel is determined by the Town. My lawyer said the definition of "moderate density" is determined by the Town. My lawyer also said that because there is no numerical definition of "moderate density" in the zoning ordinance that challenging the town on the definition would be a costly uphill'battle. E. I attended all of the town meetings on zoning except the last meeting. When I read the document it seemed reasonable. The part that appealed to me the most was Article II: Purpose (read this again). As I read the document very closely the past six months I found that some parts of it were vague and had inconsistencies. How many of you in this audience have taken the time to read the zoning laws? As citizens of this town we have elected you, the Town Board, to be the custodians of our beautiful town. We expect you to make the right decisions concerning our health, safety, and general welfare of our community. There is concern about a new apartment complex going up on North Triphammer Road. This is an RI zone or "low density." I hope that the same mistakes that were made in our neighborhood aren't made in this one. D. I believe that there needs to be a governing body to review controversial decisions (such as the apartments behind my house) made by the Code Enforcement Officer. I suggested that instead of the town planning board being used as an advisory board it should become the official checks and balances body for the Code Enforcement Offer. E. I feel that the existing zoning laws concerning apartments need to be better defined. I feel there needs to be a numerical definition of low, moderate, and high density zones. It should not be left to the whim of the Code Enforcement Officer. There needs to be more concern about existing neighborhoods and how new development affects them. F. Finally, I would like to request that tonight, the Town Board vote and pass a moratorium on all existing construction and proposed construction of multi- family dwellings until a time when the existing zoning laws are better defined to the satisfaction of the people of this wonderful town. I do not want the things that happened to me happen to you. Thank you. Mr. Keefe received a large applause from the audience. Mr. Shattuck thanked Mr. Keefe and everyone for coming and he invited all to attend all town meetings. He felt the Town Board should meet before deciding on a moratorium. He felt the purpose of the zoning was useful when it was put in but that sometimes when new laws are put into place they don't have all the articulation they need and he suggested that the Town Board needs to revisit the present laws. Mrs. Greenly stated that there are issues of drainage and sewage that also need to be dealt with. She also felt that the site plan review issues may need to be revisited. Mr. Farkas stated that the Town Board will meet with the Planning Board prior to the next meeting. He felt the Board needed to look at the legality of a moratorium on any existing construction that is going on. He stated that because of the present zoning ordinance, the building that is now going on is legal but felt that future building needed to be looked at. Mr. Keefe asked why Bailey Homes are advertising the apartments as three bedrooms each? He also asked how the proposed apartments in the Triphammer area were approved in a low density area. Mr. Farkas stated that when the existing ordinance was voted on, NO ONE showed up to agree or disagree with it. Mr. Keefe asked to have "density" defined. Mr. Farkas i � Ri Continued July 19, 2000 felt the Town Board needs to establish what "density" means, have a public hearing, and go from there. Tom LiVigne asked if the Board could put a stay on the construction on North Triphammer Road until a vote is taken so that the developer would not spend additional monies towards his project in case the Board voted against it. Mr. Farkas felt he needed to consult legal council before answering the question. Pat Conlon asked if there is any pending multiple housing that has been issued. Mr. Farkas stated that there is and it takes in land that is north of Hillcrest Road. He asked how many units are proposed. Mr. Totman stated that he felt he has worked very diligently with Mr. Keefe and was surprised at his comments. He also stated that he read the ordinance and conferred with the Town Attorney, Rich John at which point, it was determined that it was an allowed use in the proposed area. He also informed the Board of the proposed project at an earlier meeting. Mr. Totman stated that the proposed project north of Triphammer Road will have an entrance from Hillcrest Road. Eight ( 8) , six unit buildings (total of 48 dwellings) are being proposed. Mr. Ronsvalle is in process of acquiring Health Department approval which has to take place before any building permits can be issued. He also stated that he was unaware of Bailey Homes advertising as three (3) bedroom apartments. Mr. Richard Thaler asked Mr. Keefe if there were and deed restrictions when he bought his land. Mr. Keefe stated that in their deeds it said there were to be no trailer or mobile homes. Mr. Thaler informed Mr. Keefe that he could take court action against the builder for violating the deed restrictions. Lyle Wadell stated that he felt if ground is not broken on the Hillcrest project, the Town Board should move on it. He felt if the developer finds out that the Board will make a decision at the next meeting, he might break ground before the August 16th meeting. Janet Keefe asked why the Board is concerned about a developer losing money by breaking ground and getting going before their stopped. She felt the property on Dandyview Heights has been diminished. She also felt the density issue was not taken into consideration and that her land value has dropped. Mr. Shattuck stated that he did not feel the Board knew how many buildings or apartments that were proposed or other things that have been done. He then stated that he would like to change his mind and suggest the Board vote on a moratorium on new multi - dwelling housing. Janet Keefe insisted Mr. Totman answer the question of why the issues of over population, over crowding of land traffic and property value issues were not addressed. It states apartments are allowed in the ordinance in only one place and she feels there are several other places that encounter that. Mr. Totman stated that under schedule 1 of the ordinance , under residential use, he has to follow A -3. A man from the Hillcrest area stated that he is worried about a traffic problem. He felt this should be reviewed before any decision is made. Mr. Shattuck said the Board will do this. Scott Sperling stated that he owns land directly above the proposed project. He felt this would directly affect them. He felt notices should have gone out to boundary landowners and neighbors. He felt a requirement of this nature should be in the ordinance. Mr. Sperling asked Mr. Totman if a SEQR had been performed on the property in question. Mr. Totman stated one is not required as it is not an action of a governmental Board. Mr. Sperling requested that the Town Board apply to have a SEQR study done on the property before a building permit is issued. Mr. Totman stated that under SEQR, the zoning officer is to look at it to determine if it applies to the regulations of the Town which does not require a SEQR. Mr. Sperling informed the Board that a Town Attorney told him a SEQR is mandatory in that if one is not done, a town can have law suites brought against them. He informed the Board and the Public that he has contacted the DEC as there are two (2) natural springs and there is a portion of swamp land with nesting birds and ducks. Mrs. Overstrom stated that she agreed with the audience, was totally in the dark and felt more information was needed, therefore she moved on the following resolution: (after the motion was moved, an unidentified man asked Mrs. Overstrom to make the moratorium on the "issuing of building permits" RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having received public comment concerning a 93 Continued July 19, 2000 the green space in that area, and the Town Board shall consider this matter further at the Regular meeting of the Town Board in August, 2000. 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 TOWN CENTER MEETING: Mrs. Overstrom publicly invited all in attendance to attend the.Town Center meeting on August 29, 2000. BAN ON OPEN BURNING: Mr. Farkas has complaints about open burning in the Town park in Ludlowville. It was the consensus of the Board that open burning shall be banned and the following resolution was adopted: RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: WHEREAS, the Lansing Town Board, having received public comment concerning the open burning of trash and other materials and the deleterious effects of such actions on neighbors and the potential for harm to the public safety and welfare, and the Town Board, after due discussion, deciding that the Town Board should set an example in this matter, therefore, it is hereby RESOLVED, that the Town of Lansing shall ban unauthorized open burning of trash or other materials on Town property unless such burning was to occur in an authorized area and a special permit issued through the Code Enforcement Office. 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 WHISPERING PINES WATER PRESSURE• Mr. Thaler explained that there is a water pressure problem in the Whispering Pines area. He stated that when Water District 14 was designed the water tank was supposed to be high enough to service all of the homes in the Whispering Pines Development. The water pressure fluctuates from good to bad pressure. Mr. Herrick felt that when the loop between Arrowood Drive and Whispering Pines Drive is made, it would help make the water pressure consistent but would not solve the problem. Connecting Water District 9 with Water District 14 would not solve the problem either. Mr. Herrick recommended a pumping station be installed. Mr. Thaler asked the Board to authorize the Town Engineer to come up with a solution to the problem in which Mr. Thaler would be willing to financially contribute to. It was the consensus of the Board to allow Mr. Herrick to look into this situation and et back to the Board with his recommendation. Mr. Larson reported the following: WATER LINE REPLACEMENT IN MYERS• g The Highway Department will start replacing the water lines in Myers on July 31 and will continue for three to four weeks. Mr. Larson has met with the residents to inform them of this as the road will be closed during working hours but open nights and weekends. Z Continued July 19, 2000 SOIL CONSERVATION PERMITS - SALMON CREEK: The process of getting permits from the Soil Conservation and the DEC to place weirs in Salmon Creek just above Lockerby Bridge. This process fell apart as Soil Conservation's drawings were not sufficient. Mr. Larson felt it would not happen until next summer. He wants to roll over the monies into next years budget. SEWER PROBLEM ON ROSINA DRIVE: Mr. Larson is concerned as to where the Town's responsibility ends as far as repairing sewer lines. Mr. Larson will look at other Town's policies and try to get one into place for the Town of Lansing. DISPOSITION OF OLD TOWN HALL: Mrs. Greenly stated that at the last meeting a resolution was adopted to temporarily allow the Friends of the Lansing Community Library Center to use the old Town Hall for storage of books. She asked for a resolution to lease the building for a term of five (5) years to the Friends of the Lansing Community Library Center for public use for the development of the Library Center and other programs at a lease of one dollar per year and to be reviewed at the end of five years. Mrs. Overstrom felt a vote needed to be taken first on whether to keep the old Town Hall or get rid of it. Mrs. Overstrom made the following statement: Personally, she did not agree with keeping the old Town Hall as she does not think it is a nice building. She totally agrees and supports the idea of a library in Lansing. She stated that since the last meeting, herself and Mrs. Greenly have discussed the matter and felt that if the old Town Hall were to stay, there would have to be more greenery, has to be made a town square and would have to have some identity. Susan Miller stated that she wants a library and felt that the committee the Town Board elected to look into this did a good job. The Town Board should go along with their recommendation to allow a library go into the old Town Hall. She also stated that she felt the time for personal bias has passed and that Mrs. Overstorm should not let her vote reflect this. Mr. Farkas stated that the old Board never made a decision on whether the old building was salvageable or not, therefore it was up to the new Board to make this decision. Mr. Farkas informed the Board that Councilperson Beckwith, who is absent, wanted it publicly stated that he is in favor of a five year lease to the Friends of the Lansing Community Library Center. Mr. Farkas stated that his personal feeling was that the Town Board established a committee that made a recommendation. He felt he was somewhat honor bound by the committees recommendation as he was a member of the Board that established the committee. After further discussion, the following resolution was adopted: RESOLUTION offered by Mrs. Overstrom and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having received a request from the Lansing Library Committee for the opportunity to use the old Town Hall as the site for a Town Library, including the opportunity to enter into a lease of the building by a not - for - profit corporation to be formed by the Library Committee; and WHEREAS, the Town Board wishes to support the formation of a Town Library as a significant benefit to the residents of the Lansing community and, at present, the Old Town Hall is vacant and is not required for current operations of the Town, and the Library Committee has indicated it would seek grants and fund raising support to allow the building to be improved to allow its use as a Town Library; therefore, it is hereby RESOLVED, that the Town Board authorizes the Lansing Town Supervisor to enter into negotiations with the Lansing Library Committee for the lease of the Old Town Hall at a yearly 95 Continued, July 19, 2000 rental of $ 1.00, and such other terms as shall be negotiated, and such lease to be presented back to the whole Town Board for review and approval. 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. Sperling thanked the Board for having the courage to respond to peoples wishes was a breath of fresh air and it showed respect for the people. He asked that the information from the meeting be passed on to the building committee. Applause followed. TOWN PROPERTY ON HILLCREST /BEAN HILL LAND: Mr. Farkas stated that the property is ready to be put on the market. (1.34 acres). An unidentified man asked that a deed restriction be put on the property stating that only a single family dwelling be allowed. Mr. Farkas will discuss this possibility with legal council. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, the Town of Lansing Highway Department, having completed the realignment of Bean Hill Road and related drainage work, all in accordance with the Town plan for the realignment of the Bean Hill and Hillcrest Road intersection; and WHEREAS, such property is not required for the Town of Lansing operations, and, as such, it constitutes surplus property of the Town, and the property is now ready to put on the market for sale; and WHEREAS, prior to listing the property for sale, the Town Board wishes to have advice from the Town Attorney concerning the terms of such sale including any special sale requirements, deed restrictions and bidding requirements; therefore, it is hereby RESOLVED, that the Town of Lansing Attorney shall report to the Town Board at the Regular August Town Board meeting concerning the terms of such sale so that the property may be listed for sale. 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 SURE -TEMP PROPOSAL: Sure -Temp has proposed a fix to the heating & air conditioning problem in an amount not to exceed $ 22,926.00. Mr. Shattuck asked who was liable for this. RESOLUTION offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, the Lansing Town Board, having received a proposal from the heating, ventilation and air - conditioning contractor on the Town Hall project for certain improvements to the Town Hall heating, ventilation and air - conditioning systems to allow better zoning of the system for purposes of improving the efficiency of these systems, and providing a more comfortable environment to the people in the building; and WHEREAS, the contractor, Sure Temp, has submitted a proposal to complete these improvements to the building at a cost of $22,926.00; and WHEREAS, the Town Board has determined that the proposed improvements to the m e, Continued July 19, 2000 heating, ventilation and air - conditioning system will improve the efficiency and functioning of these systems in the new Town Hall; therefore, it is hereby RESOLVED, that the Town of Lansing authorizes the Town Supervisor to approve the proposal presented by Sure Temp and is authorized to execute such documents as necessary to approve the work to be performed at a cost not to exceed $22,926.00. 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 Dave Herrick - Town Engineer reported the following: BENSON ROAD WATER: Mr. Herrick stated that he had received a petition from all but one resident on Benson Road asking for public water. It was the consensus of the Town Board to allow Mr. Herrick to perform a feasibility study and get back to the Board with his results. Therefore, the following resolution was adopted: RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. Shattuck: WHEREAS, the Lansing Town Board, having received a request by residents on Benson Road in the Town of Lansing for an estimate of feasibility and cost for the construction of a water line along Benson Road; therefore, it is hereby RESOLVED, that the Town of Lansing authorizes the Town Engineer to prepare a preliminary estimate of cost for the possible construction of a water line along Benson Road in the Town of Lansing and to present such estimate to the Town Board. 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 WATER 17, EXTENSION 7. Mr. Herrick asked the Board what direction they would like him to move in regarding the installation of a 12" pipe vs an 8" pipe within New York States road section. It was the consensus of the Board to have the Town front the money for the 12" pipe instead of an 8" one. The cost could be redeemed if an extension was added in the future. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, has received a request from residents of the Town for the possible formation of a water line along Route 34B from the current end of Water District 17 and continuing in a northerly direction towards the Town line; and WHEREAS, the Lansing Town Board, along with the Southern Cayuga Lake Water Commission, has received a request from the Town of Genoa, located north of the Town of Lansing, for consideration of a request to extend a water main to the Town of Genoa, and WHEREAS, the New York State Department of Transportation is currently reconstructing the Route 34B bridge over Milliken Creek where the water line would be constructed; and WHEREAS, it is possible to install a portion of the proposed water line over the 97 Continued July 19, 2000 Milliken Creek at this time at a substantially reduced cost if the work is done in conjunction with the New York State bridge reconstruction, and the Town of Lansing has received a proposal from the contractor performing the bridge replacement in the amount of $7,500.00 to install a 12 inch water main over Milliken Creek as a part of the bridge reconstruction; and WHEREAS, the installation of a 12 inch water main over Milliken Creek will allow service to the Town residents if a water district is formed, but also provide possible future service to the Town of Genoa in the event service is provided to that Town; therefore, it is hereby RESOLVED, that the Town of Lansing authorizes the Town Supervisor to approve the expending of up to $7,500.00 towards the cost of the installation of a 12 inch water main over the Milliken Creek as a part of the bridge reconstruction project being performed by the New York State Department of Transportation; and it is FURTHER RESOLVED, that the Town shall make such expenditure out of the Town general fund, which amount shall be reimbursed either upon the formation of a water district extension to serve the residents along this section of Route 34B or by the Town of Genoa in the event service is extended north of the Town of Lansing. 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 WATER 17, EXTENSION 60 Mr. Herrick met with 9 out of 10 property owners at which time he went over the project and preliminary design with them. He recommended that a short environmental assessment form be submitted once approval comes from the Health Department, which is in the works. Mr. Herrick went over the form with the Board and the following resolution was adopted: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, the Lansing Town Board, having established Water District 17, Extension 6 by prior resolution of the Town Board for the installation of a water line along Milliken Road Extension in the Town of Lansing; and WHEREAS, as a part of the construction of the water line, the Town Board has conducted a State Environmental Quality Review of the proposed project, and upon due deliberation by the Town Board; it is hereby RESOLVED, that the Town of Lansing Town Board hereby makes a negative declaration of any adverse environmental impacts as a result of the construction of Water District 17, Extension 6. 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 FINAL ORDER, WATER 17 EXTENSION 6• Mr. Herrick passed out the Final Order for Water District 17, Extension 6. The resolution accepting said Final Order was done at the June 21 st meeting. Mr. Herrick passed out a draft for quotations and stated it is ready to be mailed out when the Board authorizes him to do so. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. Shattuck: F+ RIM Continued July 19, 2000 WHEREAS, the Lansing Town Board, having established Water District 17 Extension 6 by prior resolution of the Town Board for the installation of a water line along Milliken Road Extension in the Town of Lansing; and WHEREAS, the estimated construction cost of the project is below the amount such that the Town must proceed by a process of formal advertised bidding in accordance with Section 103 of the General Municipal Law; therefore, it is hereby RESOLVED, that the Town of Lansing Town Board hereby authorizes the Town Engineer, subject to review by the Town Attorney, to prepare a request for quotes to be made available to interested contractors for the construction of the water line to be built as Water District 17 Extension 6 in the Town of Lansing. 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 WATER DISTRICT 19: RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: WHEREAS, the Lansing Town Board, having established Water District 19 by prior resolution of the Town Board for the installation of water lines along Maple Drive, Franklin Drive, Armstrong Road and Asbury Road in the Town of Lansing, and the New York State Department of Audit & Control having approved the formation of the Water District 19; and WHEREAS, the construction of the project requires the preparation of engineering and surveying plans and specifications; therefore, it is hereby RESOLVED, that the Town of Lansing Town Board hereby authorizes the Town Engineer, to prepare the required engineering and surveying plans and specifications to construct Water District 19 in the Town of Lansing. 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 SEWER UPDATE: A meeting was held last Thursday but there were no elected representatives from the City of Ithaca present but Mr. Herrick felt momentum was growing. A committee was recommended and selected at said meeting to go the next steps on soliciting and interviewing qualified firms to do the environmental impact statement. Mr. Herrick was selected as a participant. TOWN CENTER COMMITTEE. Mrs. Overstrom informed the Board that the Town Center group met July 18th with guests Tom Neidercorn and Jim Hansen attending. Jim Hansen discussed the Commercial Center Revitalization Program where the County has matching grants available to the Town for things as simple as helping out with the town square, trees, sidewalks, etc. At some point the Town Center will bring to the Board, a presentation and /or proposal. (Maximum amount is a total of $ 7,500.00). The N.Y.S. Council on the Arts grant which is more of a project that may be considered along with the Town Center. Mque Continued July 19, 2000 LIBRARY: Mrs. Greenly handed out a Library fact sheet to all Board Members for their review in regards to points of achievements since January. A meeting with Tompkins County went very well and will support a library in Lansing. CAYUGA LAKE WATER SHED INTERMUNICIPAL ORGANIZATION: At the organizational meeting, Stephen Louendowski was introduced, who is going to be the steward of the lake to coordinate educational efforts and spending the Cayuga Lakes Network money. This will help with larger funding in the future. ITHACA TOMPKINS COUNTY TRANSIT COMMITTEE: Mr. Farkas stated a client committee to supervisor the NEST transit planning project is being established. The monitory support will not exceed $ 5,000.00. Mr. Farkas asked if anyone would like to represent the Town on said committee. Mrs. Greenly will ask Dan Broadway if he might be interested in representing the Town and get back to the Board with his answer. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. Shattuck: WHEREAS, the Lansing Town Board, having received a request from the Intermunicipal Tompkins County Transit Client Committee for financial assistance in conducting the North East Surface Transit Planning Project; and WHEREAS, the North East Surface Transit project proposals would have a significant effect upon the residents of the Town of Lansing; therefore, it is hereby RESOLVED, that the Town of Lansing Town Board hereby authorizes the expenditure by the Town of an amount, not to exceed $5,000.00 towards the cost of the Intermunicipal Tompkins County Transit Client Committee to assist in reviewing the North East Surface Transit Planning Project. 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 AUDIT RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher numbers: 609-728 Prepaid vouchers: 609 and 610 FUND TOTAL APPROI General 663246.79 Highway 1705147.25 Lansing Lighting Districts 15320.61 Lansing Water Districts 57212.24 Town Hall Project 23630,60 Ottenschott Clean-up 8211.67 Cherry Road Sewer District 250.00 .I O Continued July 19, 2000 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 TOWN MAP: Mr. Totman handed out a new Town map to the Board Members. Said maps will be mailed out to Lansing residents tomorrow. ZONING MAP: Mr. Totman gave the Board. copies of a colored zoning map with tax map parcels included on the map. He asked permission to charge for said maps to cover the charge of the printing. RESOLUTION, offered by Mrs. Overstrom and seconded by Mr. Shattuck: WHEREAS, the Town of Lansing purchases Town zoning maps which are printed in color and which Mr. Totman has many requests for. Due to the cost of printing, it is hereby RESOLVED, that Mr. Totman is hereby authorized and directed to charge a fee of $ 2.00 per zoning map to cover the charge for printing. 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 EXECUTIVE SESSION: ° RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 10:10 p.m. to discuss a personnel matter and to discuss a letter from Tallman & Tallman Architects. Carried. RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be adjourned and the Regular meeting be reconvened at 10: 43 p.m. Carried. On motion, meeting adjourned at the call of the Supervisor at 10:45 p.m. /�Z 121 16. &