HomeMy WebLinkAbout2000-09-20N-o.
September 20, 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: George Totman, Pete Larson, Dave Herrick, Victoria Freile, Deb and Mark
McKane, Marian Partridge, Candis Bailey, Mary Lou Szabol, Susan Miller, Claudia DeLorme,
Rod Kearl, Dennis Osika, Patrick McDonough, Janet and Bob Keefe, John Comisi, Charles
Nedrow and a couple other residents.
John Bailey of Bailey Insurance presented the Town of Lansing a plaque for a 5 -year
membership award in recognition and commitment to Intermunicipal Risk Financing and
Management.
Dennis Osika of 25 Dandyview Heights Road read the following letter which was sent to
the Supervisor on August 31, 2000:
Subject: Appeal of Freedom of Information Law (FOIL) Request Denial
Dear Mr. Farkas and Lansing Town Board Members,
Reference is made to: A) my federal Freedom of Information Law (FOIL) request to Mr.
Farkas, Supervisor of the Town of Lansing, NY, of August 16, 2000, B) his subsequent, undated
letter of denial, C) my phone request of August 25, 2000, to Mr. Farkas' administrative assistant
concerning my need for advice on how to appeal his denial, and D) Mr. Farkas' letter of August
283 2000 providing me with appeal information.
Long before the advent of written common law, legitimate leadership was firmly
established upon integrity. Our national creed further emphasizes that we believe American
government is "...of the people, by the people, and for the people..." This letter is written to
appeal to the Members of the Board of the Town of Lansing to restore open and credible local
government for the people by overturning Mr. Stephen Farkas' denial of my FOIL request of
August 16, 2000.
I believe that each individual member of the new Lansing Town Board has the
responsibility to thoroughly understand the current and recent past operations of our Town
government and how such a serious breakdown in Lansing resident confidence occurred as a
result of Mr. Totman's and Mr. Richard John's reported approval of multi - family housing
complexes along NY Route 34B in alleged violation of local New York State ordinances. As
evidenced by the repeated, vocal and written concerns of your constituents at recent Town
Planning Committee and Town Board Meetings in recent weeks, I deeply believe that the
citizens of our town have clearly expressed their need and right to the same understanding of our
Town's operations in order to restore legitimate Board leadership. I have great difficulty
understanding why Mr. Farkas would appear to be "covering up" important public information
utilizing legal obstacles concerning unclassified Town transactions in view of the citizen outcry
for open truth.
Of equally great concern to me, is whether my appeal will receive unbiased consideration
in view of the Board Member's apparent unwillingness to discuss these issues outside of Board
September 20, 2000
Time: 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. Dennis Osika
Be Anyone else wishing to approach the Board.
4. Amend resolution for water line on Lake Ridge Bridge.
50 Ralph Barnard - Water District Extension on Buck Road.
6. Lansing Fire District Fire Prevention week.
7. Dave Herrick - Engineer's Report,
8. Site Plan Review: McKane Dog Grooming - 175 Buck Road.
90 George Totman - Code Enforcement Officer.
10. Pete Larson - Highway Superintendent.
11. Audit Resolution.
12. Board Member reports.
13. Approve minutes of September 6, 2000.
14. Executive Session if needed.
15. Adjournment.
Continued, September 20, 2000
Meetings without legal counsel, and their knowledge that the Town's continuing failure to
enforce alleged ordinance violations invites resident civil litigation which would logically name
the Members of the Board, Mr. Totman, and Mr. John as co- defendants.
I am a good citizen, and I have never in my 58 years felt it necessary to constructively
criticize my government in writing nor employ federal law to obtain unclassified information in
the public interest.
In considering and acting on this appeal, I trust that you will follow the intrinsic
principles of justice expressed by the founders of our nation, the urgent need to restore
government credibility in the Town of Lansing, and your personal values of fairness.
Sincerely,
Dennis B. Osika
Mr. Osika also passed out a copy of a certified letter that was sent to Mr. Farkas and all
Board Members on August 31, 2000.
He asked what the individual position of each Board member was regarding the matter.
Mr. Farkas asked Mr. Osika to address the Board and NOT the audience.
Mr. Farkas stated that his stand was based on the determination already given to Mr.
Osika from Mr. Robert Freeman, Executive Chairman of the Committee of Open Government.
Mr. Beckwith stated that his understanding was that Mr. Osika was asking for written
documents that never existed.
Mr. Shattuck stated that he felt the same as Mr. Beckwith and that he fully believed that
Mr. Osika was given everything that was written.
At this point Mr. John informed the Board that he had concerns regarding the questioning
going on. He stated that the Board is entitled to consult with counsel and if a precedence is set
releasing Attorney - communication in this instance, the Board would have trouble not exposing
it in other situations. If this happened, the Town would have a problem with being properly
advised. Mr. John suggested that the Board should not disclose any communications of Mr.
Totman.
Mr. Osika did not agree with this and asked Mrs. Greenly what her position was. Mrs.
Greenly stated that she did not feel anything was being hidden from Mr. Osika.
Mrs. Overstrom stated that she wasn't present when everything happened and that she
was not sure what the right way to go was, but that there are problems with the ordinance. She
stated that she did not know what exactly he was asking for that would make him happy and was
not sure if it even existed.
Mr. Osika felt the Board was hiding behind Attorney - Client privelges. He stated that
this was not a personal Attorney - Client relationship. Mr. John stated he agreed with Robert
Freemen and that the Town Board and Town Employees are entitled to get legal advice and if
you don't have confidentially then proper legal advice cannot be given. He stated that Attorney -
Client communications are not covered under a FOIL request. That is the law.
Mr. Osika asked Mr. Totman a couple of months ago for his job description. There was
no written job description for his position. He asked if this had been corrected and if not, when
will it happen? Mr. Farkas stated that the Board is in the process of doing this.
Mr. Osika stated that he also asked for Mr. Totman's original job application and there
was none on file, he asked if this was the case. Mr. Farkas stated that it was to the best of his
knowledge. He asked when Mr. Totman's last performance review by the Supervisor was done.
He wanted to know what was being done about it as he has not had one in 13 years. He felt this
was bad management by the Town Board. Mrs. Greenly stated that they were doing their best to
correct a lot of issues.
Mr. Osika also asked when the ordinance will be up dated. Mr. Farkas stated they are in
the process of doing this.
Janet Keefe asked Mr. Totman if he discussed the proposed Hovanec complexes with
anyone else before issuing the permits. Mr. Totman stated that he refers to the ordinance before
issuing any permits. She asked if "special conditions" were discussed. Mr. Totman said there
Continued, September 20, 2000
were none. Mr. Totman stated that the Town Board never asked him to bring all permits to them.
They only asked him to follow the written rules.
Robert Keefe stated that on July 19th he asked if the Town Board and the Planning Board
could include an existing building in a moratorium. He stated that Mr. Farkas had multiple
opportunities to include existing building in an existing moratorium and choose not to. Mr.
Farkas stated that he did this on his own. He did not feel it was in his power. He was asked if he
checked with the Attorney regarding this and he stated yes, it was under legal advice that he
made his decision.
Mr. Keefe asked Mr. John if, in Town Law, there was a place where an existing building
could be included in a moratorium. Mr. John stated that if a builder was doing something totally
unsafe, they could be stopped. If current projects were included in a moratorium there is a much
greater risk of having a moratorium terminated by a court.
Mr. Keefe felt the service provided by the Town was disgusting and if it was up to him,
all would be fired. He stated twice that is was disgusting.
RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly:
WHEREAS, the actual cost of work performed exceeded the original estimate; therefore,
it is hereby
RESOLVED, that the Town of Lansing authorizes the Town Supervisor to approve the
expenditure and to execute the necessary documents on behalf of the Town of Lansing of up to
$ 8,000.00 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) 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
WATER EXTENSION ON BUCK ROAD:
Mr. Ralph Barnard presented the following letter to the Board:
Subject: Extension of the Buck Road Water District
(Land of Eleanor & Ralph Barnard)
Dear Board Members:
Two proposed residential Lots A & B are laid out on the southwest corner of Buck and
Wilson Roads as show on the attached sketches.
My wife and I request the inclusion of the area of the lots and authorization by the Board
of the construction of the water line from a fire plug on Buck Road to a fire plug to be installed,
as shown.
The approval should be conditional on the receipt and approval by the Board of a contract
with a skilled contractor qualified to complete the water line extension as shown.
Sincerely,
Ralph & Eleanor Barnard
X43
Continued, September 20, 2000
Mr. Herrick recommended an 8 inch line be installed.
Mr. Herrick will look into the request and get back to the Board and Mr. Barnard,
FIRE PREVENTION WEEK:
RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Overstrom:
WHEREAS, Smoke and poisonous gases are the leading causes of death in fires, and can
kill a person long before the flames will; and
WHEREAS, Understanding the power of fire and the time it takes to escape a home fire
put people at sever risk to fire death and injury; and
WHEREAS, Developing a home fire escape plan and practicing it at least twice a year
are critical to escaping a fire safely; and
WHEREAS, A complete home escape plan includes everyone in the household knowing
two ways out of each room, having an outdoor location where everyone will
meet upon exiting the home, and memorizing the local fire department's
emergency telephone number; and
WHEREAS, The Fire Prevention Week 2000 theme - "Fire Drills: The Great Escape!"
- emphasizes the importance of not only having a home escape plan but
physically practicing it regularly; and
WHEREAS, NFPA, the official Sponsor of Fire Prevention Week, has documented
nearly 60 lives saved as a direct result of families' participation in "The
Great Escape" over the past two years; and
WHEREAS, The fire service of Lansing is dedicated to the safety of life and property
from the devastating effects of fire; and
WHEREAS, The members of the fire service are joined by other concerned citizens of
Lansing, as well as other emergency service providers and safety
advocates, businesses, schools, service clubs and organizations in their fire
safety efforts:
I, Stephen Farkas, Supervisor of the Town of Lansing, do hereby proclaim the week of
October 8 - 14, 2000, as Fire Prevention Week. This week commemorates the Great Chicago Fire
of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than
17,400 buildings. For nearly 80 years since then, NFPA has successfully joined North America
fire departments each year during Fire Prevention Week in a shared mission of making the public
safer from fire.
I call upon the people of the Town of Lansing to participate in fire prevention activities at
home, work and school, and to execute "The Great Escape" to ensure their safety and the safety
of their families in the event of a fire.
Carried.
Mr. Herrick reported on the following:
WATER 17 EXT. 6• (Lake Ridge Point):
Spuds Excavating has completed the installation and testing of the 6" water main and is
finishing the service connections this week. Final pavement and lawn restoration will likely take
place next week. A final inspection of the work will be performed prior to the recommendation
for payment in October.
Economy Paving provided their quotation of $ 7,500 for the 12 -inch main installation
prior to receiving our final details. An additional $500 was included in the invoice for
polyethylene encasement and "blue board" insulation above and below the water main where it
crosses over the new culvert. The request is reasonable and I recommend payment of the $ 85000.
M
Continued, September 20, 2000
WATER DISTRICT # 9 (Franklyn/Maple Drive Neighborhood):
The survey work is nearly complete and engineering design will begin next week.
HORIZON DRIVE MAIN EXTENSION:
A potential homeowner is considering building on a parcel at the east end of Horizon
Drive and is interested in extending the Town sewer main from the intersection of Rosina Drive
I've instructed the person to prepare a sketch of the extension and present it to the Board for
discussion.
REGIONAL SEWER INITIATIVE - UP DATE ON RECENT MEETINGS:
Joint effort is expecting to prepare another application which has to be turned in during
the month of October. Town of Lansing needs Bond Act Assistance. Mr. Herrick stated it would
put a crimp in the whole process if Lansing were to pull out.
DEB MCKANE - DOG GROOMING ON BUCK ROAD:
Mr. Totman gave all Board Members a copy of the application that Mrs. McKane had
filled out. He stated that Mrs. McKane sold her house and property the house and a dog kennel
was on. She retained a parcel across the road. Said parcel previously was home to a garage and
auto body shop run by her husband, Mark. Mrs. McKane is requesting that the Town allow her to
apply for a special permit to have a dog grooming shop in the garage (not a kennel). Dogs would
not be harbored overnight. It was stated that there is a permitted septic system already in place.
Mr. Farkas asked if there would be any kenneling outside. It was stated there would not
be.
He asked if any other business would be in the building. Mrs. McKane stated that there is
currently an auto body shop in part of the building. This has been in place since 1990 and will
continue. The Board felt that as long as the permit stayed with the current owner, it would be
acceptable.
Mr. Shattuck was concerned with two (2) business being in the same building. It was
stated that the body shop was a full time business but is now part-time and would remain part-
time. The Grooming shop would also be a part-time business.
Mrs. McKane was asked if there were any objections from her neighbors. She stated that
she heard there were some but had not been approached.
The audience was asked if anyone had any comments or concerns with the special permit
to allow Mrs. McKane to have a dog grooming shop in the garage owned by herself and her
husband on Buck Road. No one voiced any comments or concerns, therefore the following
resolution was adopted:
RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly:
WHEREAS, the Town of Lansing Town Board conducted a site plan review on a special
permit request by Deborah McKane to allow the use of property located at 175 Buck Road in the
Town of Lansing for a part time dog grooming business; and
WHEREAS, the applicant stated that there would be no overnight kenneling of dogs,
there would be no outside runs for the dogs or other outside activities involving the dogs being
groomed, and the applicant had applied for a septic permit from the Tompkins County
Department of Health; therefore, it is hereby
RESOLVED, that the Town of Lansing Town Board hereby approves the application for
a special use permit by Deborah McKane for a part-time dog grooming business under the
following conditions: that there will be no overnight kenneling of dogs, there will be no outside
runs for the dogs or other outside activities involving the dogs being groomed, and the applicant
receives a septic permit from the Tompkins County Department of Health.
145
Continued, September 20, 2000
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. Totman reported the following:
MONTHLY REPORT:
Mr. Totman stated that he was up $ 15,000.00 in fees and up $ 4,000,000.00 in estimated
building constructions.
Mr. Larson reported the following:
FARRELL ROAD SPEED LIMIT:
Mr. Larson informed the Board that he has received a letter from Dave Ferris requesting a
speed limit on Farrell Road. He informed Mr. Ferris that Farrell Road ws one of the roads he
included in the request to the State.
TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT:
Mr. Larson received from the County Flood Hazard Mitigtation Advisory Committee,
approved funding of $ 5,000.000 to be used on the large project to take place in Salmon Creek in
the year 2001. The funds will be made available to the Town when the project is completed. The
following resolution was then offered:
RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck:
WHEREAS, the Town of Lansing Town Board has received approval of a $ 5,000.00
grant from the Tompkins County Department of Soil and Water Conservation for use in an
erosion control demonstration project in Salmon Creek in the Town of Lansing: therefore it is
hereby
RESOLVED, that the Town of Lansing authorizes the Town Supervisor to accept the
grant on behalf of the Town of Lansing and to execute the necessary documents on behalf of the
Town of Lansing to allow use of the $ 5,000.00 towards the cost of the erosion control
demonstration project in Salmon Creek in 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
CURBING IN NEW TOWN HALL PARKING LOT:
Mr. Larson informed the Board that the Highway Department will start digging up and
moving about 160 feet of curbing tomorrow and will add about 250 feet. Paving will not take
place until the first week in October. Lower level may be started next week.
Mr. Shattuck asked if lines would be marked in the parking lot as soon as the paving was
complete. Mr. Larson stated that he would probably hire someone to do this next summer when
the parking lot is complete. He will put up "Handicapped Parking" signs very soon.
Mr. Rod Kearl requested that the Town put in conduit before the pavement is permanent.
MYERS WATER LINE•
i
Continued, September 20, 2000
The water line has been installed and is now in service. Clean-up will begin and will take
about two weeks to complete.
AUDIT RESOLUTION:
RESOLUTION, offered by Mrs. Greenly and seconded by Mrs. Overstrom:
RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following
bills and to make the following Budget Modifications that were reviewed and signed by the
Supervisor:
AUDIT RESOLUTION VOUCHERS: 853 -997
PERPAID VOUCHERS: 853
FUND TOTAL APPROPRIATIONS
General Fund $ 45,785.85
Highway Fund $ 40,191.50
Lansing Lighting Districts $ 15320.61
Lansing Water Districts $ 96,547.49
Town Hall Project $ 644.52
Ottenschott Clean -up $ 675.00
Budget Modifications:
FROM TO FOR AMOUNT
A1410.200 A1410.400 Purchase of new printer $ 399.98
Appropriate Additional Fund Balance to cover the following:
1. Increase Revenues A2665 by $7840 (excess proceeds from the sale of 2 Rec Dept.
Mowers), Appropriate additional Fund Balance A599 by $ 4939,
Increase Appropriations A7140.200 by $ 6390 and A7110.200 by $ 6389 to cover expense of
purchasing a 2nd mower.
2. Increase A1450.200 by $ 5290 and Appropriate an additional $ 5290 of Fund Balance to
cover the purchase of 2 new voting machines.
D135112.100 D135112.400 Myers Road Water Line Project $ 22,252.91
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
TOWN CENTER COMMITTEE:
Mrs. Overstrom reported that the Town Center Committee has applied for
a grant to the County Center Community Center Revitalization Program for a $ 4,000.00 grant of
which $2,000.00 would be from in kind services. This is to design a strategic plan for a Town
Center and Town Square with hopes that the committee could move forward next year.
RECREATION PARTNERSHIP:
RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Beckwith:
147
Continued, September 20, 2000
WHEREAS, the Town of Lansing has received a proposal from the Tompkins County
Youth Recreation Partnership for the Town of Lansing to participate as a member of the
Recreation Partnership with the present member municipalities; and
WHEREAS, the Recreation Partnership would assume administrative control over the
recreation system for the Town of Lansing and would charge the Town of Lansing for services
based upon the assessed values of the properties in the Town of Lansing rather than upon the
number of participants in programs; and
WHEREAS, the Town of Lansing currently has an extensive program serving Town
residents which appears to meet the needs of Town residents at a reasonable cost; therefore, it is
hereby
RESOLVED, that the Town of Lansing Town Board hereby declines to participate as a
member of the Tompkins County Youth Recreation Partnership at this time.
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
PLANNING BOARD MEETINGS:
Mr. Shattuck informed the Board that the Planning Board has been having two (2)
meeting per month lately and will have three (3) in September.
MINUTES OF SEPTEMBER 6.2000*
A copy of the minutes of September 6, 2000 having been furnished to the Board
Members beforehand, the Supervisor asked for a motion to make corrections or to accept the
same as submitted.
RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly:
RESOLVED, that the minutes of September 6, 2000 are hereby approved as sumbitted.
Carried.
SUPERVISOR - VACATION:
Mr. Farkas stated that he will be on vacation beginning September 28th and will be back
on October 9th, 2000. Mr. Beckwith will be in charge while he is absent.
EXECUTIVE SESSION:
RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly:
RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to
discuss the Ottenschott matter, a personel matter and a matter regarding the threat of litigation at
8:31 p.m.
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 8:50 p.m.
Carried.
On motion, meeting adjourned at the call of the Supervisor at 8:53 p.m.
