HomeMy WebLinkAbout2005-06-15175
REGULAR TOWN BOARD MEETING
Date: June 15, 2005
Time: 6:00 p.m.
Place: Lansing Town Hall Boardroom
AGENDA
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance
4. Privilege of the Floor:
a) Anyone wishing to address the Board
5. Engineer's Report
6. Highway Superintendent's Report
7. Code Enforcement Officer's Report
8. Public Hearing — SEQR Cell Tower on Searles Road
9. Parks & Recreation Department Report
10. Vestal Asphalt Lease Agreement
11. Approve Audit
12. Approve Board Minutes of May 18, 2005
13. Board Member Reports
14. Executive Session if Needed
15. Adjourn Meeting
176
June 15, 2005
The Lansing Town Board met in Regular Session at the Town Hall Board Room
at 6:00 p.m. with Supervisor Farkas presiding.
The Supervisor called the meeting to order and had the clerk take the Roll Call,
Stephen Farkas
Marty Christopher
Doug McEver
Bud Shattuck
Connie Wilcox
Bonny Boles
Guy Krogh
ROLL CALL
Supervisor
Councilperson
Councilperson
Councilperson
Councilperson
Town Clerk
Town Attorney
Present
Present
Present (6:25 p.m.)
Present
Present
Present
Present
VISITORS:
Jack
French, Rachel Jacobsen, Bert Bland, Matt
Besemer, Debra Bain,
Dave Herrick
(6:22
p.m.), Doug Dimitroff, Dwight Usherwood
and Dan Veaner.
The Supervisor lead all present in the Pledge of Allegiance.
HIGHWAY SUPERINTENDENT'S REPORT:
_Trusses•
The Trusses have been proved adequate to carry the additional loading from the
solar panels by MAS Engineering,
Highway Barn Roof:
The specifications for the roof will be resubmitted and advertised in the Journal.
Bids to be opened at the next Regular Board Meeting.
_Old Highway Barns:
The Turek family is interested in purchasing the property from Stuart Lewis but
they are concerned with the testing results that Buck Engineering performed last fall. Mr.
French stated that the man that did all of the testing has left the firm and did not leave any
information regarding gravel tests that were performed on the property.
_Pump House•
The pump house on Pheasants Way is done except for the building which is
expected to arrive soon. As soon as it arrives it will be set on the pump house and will
then be complete.
Pheasant Way:
Jack felt the road was built very well and that he was ready to recommend
dedication. The following resolution was then offered:
RESOLUTION 05 -121
Resolution Approving and Accepting Dedications
for the Pheasant Meadows Subdivision
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following
members being absent: Douglas McEver, Councilperson; and the following motion for a
Resolution was duly made by motion of Connie Wilcox, and was duly seconded by
Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
'J
177
Continued, June 15, 2005
— aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution
therefore passed 4 -0, and was duly adopted:
WHEREAS, the Town Board of the Town of Lansing has received a request for the
dedication of 2 roadways to the Town of Lansing, being denominated Pheasant Way
(together with an as of yet unnamed roadway) located in the Pheasant Meadow
Subdivision, all pursuant to an approved and sealed final plat, together with the further
dedication of drainage easements and a retention pond/basin, and a turnaround (subject to
reversion rights), all as more particularly described in a proposed Deed of Conveyance
and as depicted upon the approved Subdivision Plat filed in the County Clerk's office
(and a map prepared by T.G. Miller P.C., entitled "Final Subdivision Map, Pheasant
Meadow Subdivision, Located on Pheasant Way, Town of Lansing, Tompkins County,
New York ", being dated July 23, 2004 (and last amended May 23, 2005); and
WHEREAS, the Town Engineer and the Town Highway Superintendent of the Town of
Lansing have reviewed the plans for construction for the road and have made inspection
of the construction in progress and the completed construction, and are satisfied with the
condition of the road, and recommend acceptance of the dedication of such road; and
WHEREAS, the Town Attorney of the Town of Lansing has reviewed the proposed Deed
of Dedication, the descriptions therein, and has reviewed all related materials, and is
satisfied with the form and content of the documents; and
WHEREAS, and after review and discussion of the matter, the Town Board of the Town
of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing authorizes the Town
Supervisor to accept, on behalf of the Town of Lansing, the dedication of Pheasant Way
in the Pheasant Meadow Subdivision as a public roadway, and to further accept, on
behalf of the Town of Lansing, the dedication of the as yet unnamed roadway, the
drainage easements, the retention pond, the turnaround, and all other parcels or rights
recited in such Deed of Dedication; and it is further
RESOLVED, that the Town Supervisor be and hereby is authorized to execute such
documents as are necessary to allow the developer to record the dedication in the Office
of the Tompkins County Clerk, all subject to the final approval of the Town Attorney;
and it is further
RESOLVED, that the acceptance for dedication of all such roadways is and remains
subject to the two year guarantee of the road by the developer of the Pheasant Meadow
Subdivision, with the two year time period to run from the time of recording of the Deed
of Dedication.
Drainage District:
Mr. Bland asked when the Drainage District would be formed. After some
discussion, the following resolution was adopted:
RESOLUTION 05 -122
Resolution Establishing Public Dearing for the Formation of
the Town of Lansing Drainage District #1 (Pheasant Meadows)
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck —
178
Continued, June 15, 2005
aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town Board of the Town of Lansing by Resolution dated June 15, 2005
accepted the dedication of drainage easements and a retention pond parcel located in the
Pheasant Meadow Subdivision, all pursuant to an approved and sealed final plat, and all
as more particularly described in a proposed Deed of Conveyance and as depicted upon
the approved Subdivision Plat filed in the County Clerk's office (and a map prepared by
T.G. Miller P.C., entitled "Final Subdivision Map, Pheasant Meadow Subdivision,
Located on Pheasant Way, Town of Lansing, Tompkins County, New York ", being dated
July 23, 2004 (and last amended May 23, 2005); and
WHEREAS, the Town Board, by Resolution dated May 18, 2005, approved expenditures
of public funds for the preparation of a map, plan and report relative to the potential
establishment of the proposed Drainage District #1, and no request for a permissive
referendum having been received; and
WHEREAS, said map, plan and report were duly prepared pursuant to § 191 -a, § 192 and
§ 209 -q of the Town Law, and other related provisions and requirements of applicable
laws and regulations, and were and have been duly filed in the Office of the Town Clerk;
and
WHEREAS, the Town Board wishes to consider formation of said Drainage District #1,
'which action requires a public hearing pursuant to Town Law § 194 and /or §209 -q, and
which action further requires an EAF and a SEQRA review with a public hearing; and
WHEREAS, the Town Board hereby classifies the proposed action of forming and
creating a Drainage District as a Type I SEQR action pursuant to 6 NYCRR §
617.4 b 1 ; and
WHEREAS, there are no other Involved Agencies as defined by the SEQR Act, and the
Interested Agencies are determined to be the Town of Lansing Planning Board; and
WHEREAS, upon due consideration and deliberation by the Town Board, the Town
Board has hereby
RESOLVED, that a joint public hearing concerning (1) the SEQR Long Form EAF
review, and (2) the approval, creation and formation of the Town of Lansing Drainage
District #1, be jointly set for 6:05 p.m. on July 20, 2005 at the Town Hall at 29 Auburn
Road, Lansing, New York 14882, and to hear all persons interested in the subjects
thereof, and to take such actions thereon as are required or permitted by law; and it is
further
RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a copy of this Resolution to be published
in the official newspaper of the Town of Lansing, and also to post a copy thereof on the
Town signboard maintained by the Town Clerk, in accord with law.
Mr. Herrick stated that he would like the final grade plan for the basin that has
already been built. Mr. Bland stated that he would get this to Mr. Herrick.
TOWN ENGINEER'S REPORT:
Jerome Hass — Water District Extension:
Mr. Hass of 1696 Ridge Road has been contacted and IS interested in the
extension of the Water District. He will take a petition around to his neighbors and get it
back to the Board, hopefully within the next 30 days.
CODE ENFORCEMENT OFFICER'S REPORT:
Continued, June 15, 2005
Mr. Platt was absent so Mr. Shattuck gave the following report:
Monthly Report:
Mr. Shattuck stated that things were still slow and that they were down in permits
by 3 and down in project costs by $ 163,766.00.
Sub -wall in basement:
Mr. Shattuck stated that Lynn Day has ordered the materials to build a sub -wall in
the basement to close off the hot water tank, etc. The service will eventually be placed in
the basement.
Springbrook Circle Apartments:
Mr. Farkas stated that NYSE& Gas turned the power off to the apartments. Mr.
Platt worked to get the power turned back on. All but one unit is now back on. Mr. Farkas
stated that NYSE & Gas did not notify anyone before shutting off the power, leaving
many upset people in the Springbrook area.
Parks and Recreation:
No report this month.
Vestal Asphalt Lease Agreement:
Mr. Krogh stated that he has changed the agreement stating that the term has been
changed to October of 2005. The following resolution was then adopted:
RESOLUTION 05 -123
Resolution Rescinding Resolution 05413 and
Renewing upon Different Terms the Vestal Asphalt Lease
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Connie Wilcox; and the vote was as follows: Stephen Farkas – aye, Francis Shattuck –
aye, Douglas McEver – aye; Connie Wilcox – aye; Martin Christopher – aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town of Lansing had entered into a lease of Town property commonly
known as 26 Town Barn Road with Vestal Asphalt, Inc. (a/k/a Cayuga Emulsions)
(herein "Vestal ") dated April 1, 1995, which lease was renewed by an amended lease
dated April 1, 2000; and
WHEREAS, said latter lease required that Vestal notify the Town by October 1, 2004 if it
wished to renew the lease, and Vestal did not so notify the Town; and
WHEREAS, by Resolution 05 -113 the Town terminated Vestal Asphalt's lease rights and
I— thereafter issued a termination notice;
WHEREAS, the Town was contactec
relationships between the Town and
Asphalt would suffer due to a lease
season and the effects that the loss of
and
and
by Vestal Asphalt relative to the substantial prior
Vestal Asphalt, and the extreme hardship Vestal
termination at the beginning of the road - building
a terminal would have upon signed State contracts;
1.79
18 0
Continued, June 15, 2005
WHEREAS, the Town had determined that a public use for the property existed, but upon
re- assessment the Town has determined that it needs and desires some time to plan for
the proper use of such facilities; and
WHEREAS, upon a review and consideration of the above and the now limited terms of
said proposed lease, the Town Board of the Town of Lansing has hereby
RESOLVED, that the terms of the revised lease between the Town and Vestal are
acknowledged and approved, and the Town Supervisor or Deputy Supervisor be and
hereby are authorized to execute the same in the name of, and on behalf of, the Town of
Lansing.
05424 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver:
RESOLVED, that the Public Hearing for SEQR review on the proposed cell
tower is hereby opened at 7:05 p.m.
Carried.
05 -125 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox:
RESOLVED, that all persons desiring to be heard, having been heard, the Public
Hearing was closed at 7:14 p.m.
Carried.
RESOLUTION 05 -126
Resolution Declaring Negative Declaration under SEQR
re Cingular Cell Tower Application
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas .McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck —
aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, a petition and application has been made and filed by Cingular for a permit
to place a cell tower within the Town of Lansing; and
WHEREAS, the construction proposed consists of the installation of a 180 + /- foot cell
tower upon Searles Road, and all appurtenances thereto, including an access roadway,
fencing, and utility structures, all in accord with a map and plan contained within
Engineering Drawings filed with the Town Clerk upon November 8, 2004; and
WHEREAS, the matter contemplated is subject to State Environmental Quality Review
( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and
Part 617 if the New York Codes, Rules and Regulations, ( "NYCRR ") and is a Type I
action pursuant to NYCRR 617.4; and
WHEREAS, a public hearing was duly held, after proper notice and publication, on
December 15, 2004, which public hearing was continued upon January 19, February 16,
March 16, April 13, and May 18, 2005 whereat interested members of the public could
comment upon the proposal, and whereat evidence was heard for and against such
proposal; and
WHEREAS, as there are no other involved or interested agencies and the proposed action
is wholly within the Town of Lansing, the Town Board of the Town of Lansing was duly
181
Continued, June 15, 2005
designated as the lead agency for conducting an environmental review of the proposed
project; and
WHEREAS, after due notice and publication thereof, the Town Board conducted a public
hearing upon the proposed cell tower SEQRA review at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, on the 15th day of June, 2004, to consider the
aforesaid project, and to hear all persons interested in the subject thereof, and to take such
action thereon as is required or permitted by law; and
WHEREAS, the Town Board having conducted a State Environmental Quality Review
and having completed an Environmental Assessment Form, and the Town Board having
reviewed the proposal in light of the Town's Zoning and building policies and the
Town's Cell Tower Ordinance, and after due deliberation thereupon, having made a
negative declaration of environmental impact; and
WHEREAS, upon the evidence given at such public hearing, and upon due deliberation
upon the matter, it is hereby
RESOLVED AND DETERMINED, that the project complies with the requirements of
the New York SEQR Act, and the Regulations promulgated thereunder, and the Town
Board, as lead agency, hereby makes a negative declaration of environmental impact.
Town of Lansing as Lead Agent:
RESOLUTION 05 -127
Resolution Establishing the Town Board of the Town of Lansing
As Lead Agent for SEQR Review re Cingular Cell Tower Application
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by
Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
— aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, a petition and application has been made and filed by Cingular for a permit
to place a cell tower within the Town of Lansing; and
WHEREAS, the construction proposed consists of the installation of a 180 + /- foot cell
tower upon Searles Road, and all appurtenances thereto, including an access roadway,
fencing, and utility structures, all in accord with a map and plan contained within
Engineering Drawings filed with the Town Clerk upon November 8, 2004; and
WHEREAS, the matter contemplated is subject to State Environmental Quality Review
( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and
Part 617 if the New York Codes, Rules and Regulations, ( "NYCRR ") and is a Type I
action pursuant to NYCRR 617.4; and
WHEREAS, as there are no other involved or interested agencies and the proposed action
is wholly within the Town of Lansing; and
WHEREAS, upon due deliberation upon the matter, it is hereby
RESOLVED AND DETERMINED, that the Town Board of the Town of Lansing be and
hereby is appointed the Lead Agency for purposes of conducting and environmental
review of the subject project pursuant to SEQR, and the Regulations promulgated
thereunder.
182
Continued, June 15, 2005
After some discussion, it was decided to wait until the July 201h meeting in order
to give Tompkins County time to reply to the 239 L &M form.
APPROVE AUDIT:
05 -128 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox:
RESOLVED, that the bookkeeper is hereby authorized and directed to pay the
following bills:
Vouchers: 480-589
Prepay Vouchers: 480-482
FUND TOTAL APPROPRIATIONS
General Fund $ 445390.38
:Highway Fund 539860.97
Lansing Lighting 19127.04
Lansing Water Districts 975278.63
Cherry Road Sewer 3,037.22
Better Housing for Tompkins County 225200.98
Vote of Town Board ... (Aye) Mr. Christopher, Councilperson
Vote of Town Board ... (Aye) Mr. McEver, Councilperson
Vote of Town Board ... (Aye) Mr. Shattuck, Councilperson
Vote of Town Board ... (Aye) Mrs. Wilcox, Councilperson
Vote of Town Board ... (Aye) Mr. Farkas, Supervisor
APPROVAL OF MINUTES:
A copy of the minutes of May 18, 2005, having been furnished to the Board
Members beforehand, the Supervisor asked for a motion to make correction or to accept
the same as submitted:
05 -129 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the minutes of May 18, 2005 are hereby approved as
submitted.
Carried.
BOARD MEMBER REPORTS:
MARTY CHRISTOPHER:
Residential Center Invite:
Mr. Christopher and Mr. Farkas have been invited to the Louis Gossett annual end
of the year awards ceremony, which will be held on June 241H
Technology Committee:
The Committee met May 26th and is attempting to put together information on
how the Town stands with their technology. Mr. Parker Melvin has been invited to the
next meeting on June 23�d so that any issues, concerns, etc. can be addressed.
It was decided that Patrick Tyrrell will serve as the in house expert. If anyone in
the Town Hall has a computer problem, they should go to Mr. Tyrrell who will then
contact Mr. Melvin and keep a record (paper trail) of calls, problems, etc. Mrs. Bowman
will also be informed of all of the calls.
183
Continued, June 15, 2005
Mr. Shattuck stated that Parker is paid by the hour and that Patrick has a full time
job and that all of this should be considered.
CONNIE WILCOX.
Fire Department:
The Planning Board has invited the Fire Chiefs and District Officials to their
working meeting in September to discuss what the Fire District would like to see from
the Planning Board as far as information goes and what the Fire Department can do for
the Planning Board. The Planning Board also asked that the Supervisor and Town Board
members be present..
DOUG MCEVER:
Grant•
The Town has been awarded a $ 500.00 beautification grant.
BUD SHATTUCK,
Personnel Committee Report:
AFLAC has been contacted and will be getting information together which will be
distributed to all departments to see if there is an interest.
Tompkins County End of Life Collation may come to talk to the employees that
may be interested. This would cover health care proxies, living wills, etc.
Safety training may soon be held for Town Hall employees. Jack will check with
PERMA and get back to the committee.
When it comes budget times, the Board may want to consider reimbursement or
partial reimbursements to employees who join a health club. He stated that the County
and other places already have this in place. He felt this could have a cost savings in the
long run with the idea that if you are healthy, you are more productive and less likely to
miss time. The Board will discuss this at a later date.
At the next meeting retirement benefits will be discussed further.
Sewer Committee:
Looked at the benefit district as a whole and at the next meeting they will be
talking about what charges to be put on each parcel. Route is pretty much set except for
the Village of Lansing. They are now looking at three sites and should have a report in
recommendation form to give to the Mayor by this fall.
STEVE FARKAS.
Myers Park Concession Stand:
Mr. Farkas stated that Steve Colt has someone interested in opening the
concession stand in Myers Park and asked Mr. Krogh to come up with a license. Mr.
Krogh presented this to the Board and they were concerned if they would be allowed to
serve large parties or to cater while operating the concession stand. This will be left up to
Mr. Colt's desecration. The following resolution was then offered:
RESOLUTION 05 -130
Resolution Conditionally Approving Myers Park Concession License
"?. 8 4
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 15th day of June, 2005, the following
Continued, June 15, 2005
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck —
aye, Douglas McEver — aye; Connie Wilcox —.aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, The Town of Lansing has concession facilities at Myers Park, and desires
to provide such services to Park users, but has historically had difficulty obtaining
reasonable tenants, licensees, or users thereof, and
WHEREAS, The Department of Parks and Recreation have located suitable
concessionaires and thus asked Town Counsel to generate an agreement relative to the
use and maintenance of the concession and related Park facilities; and
WHEREAS, it is deemed in the best interests of the Town to regulate by agreement the
use of the concession and related facilities; and
WHEREAS, upon a review and consideration of the above and the now limited terms of
said proposed lease, the Town Board of the Town of Lansing has hereby
RESOLVED, that the terms of the License Agreement be and hereby are acknowledged
and approved, and the Town Supervisor or Deputy Supervisor be and hereby are
authorized to execute the same in the name of, and on behalf of, the Town of Lansing
conditioned upon (1) final approval as to the language thereof by the Town's Counsel,
and (2) final approval thereof by the Department of Parks and Recreation, including the
completion of any necessary schedules thereto.
0 0 000 aE0Na0E00000000E0EaN0EN0ff000000s00N000REE00N0MNEEr0sa000000NEa0EMN01
Senator Nozzolio:
Senator Nozzolio will be here on Saturday to give an award to the library. This
will start at 11:00 a.m. Mr. Farkas invited all Board Members to attend.
05431 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver:
RESOLVED, that the Regular Meeting be adjourned to go into Executive
Session to discuss an existing litigation at 7:52 p.m.
Carried.
05 -132 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the Executive Session be terminated and the Regular Meeting
be reconvened at 8:19 p.m.
Carried.
05 -133 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck:
p.m.
RESOLVED, that the meeting be adjourned at the call of the Supervisor at 8:20
Minutes taken and executed by the Town Clerk.
Carried.
