No preview available
HomeMy WebLinkAbout2007-07-06179 July 06, 2007 The Lansing Town Board met in Special Session at. the Lansing Town Hall Board Room at 8:00 a.m. with Supervisor Parkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call, Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Debbie Crandall Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: Mary Sullivan, Roger and Marilyn 1- lagin, Budget Modification: The Town Board discussed moving the remainder of the Personnel Water Craft from account #A3120.402 to the Park Constable account ;I;A3120,400. A resolution will be passed at the regular meeting on July 18, 2007. Salt Point, Swimming, parking, signage, locking and unlocking of the gate and enforcement were discussed by the Town Board. At this time there is a verbal agreement between the DEC and Norfolk Southern to place a berm across the north portion of the property. To control the traffic off the road onto the point they will provide large rocks. The Town will assist in placement of the rocks and tree planting. They also agreed that additional signage was needed and the enforcement of parking. it will be looked into to see if the Highway Department could put a new 3x5 sign along with 2 additional signs indicating to stay on the designated road or tickets will be issued. The Board agreed with Mrs. Wilcox that this will be a first year of trial and error and that the best way to reach the people is to educate them, Rean Hill Property: Guy Krogh sent a letter to Stephen Parkas in regards to the Town still owning small parcels of land in the Bean Hill Road area. in the letter Guy indicated these are small parcels, none of which have any real value except to adjacent landowners. Mr. Krogh also provided a color coded map for the Board members to look at and is on file in the Town Clerk's Office along with the original letter. The blue section, is proposed to be offered to Sloan or to the current owner of Parcel C. The yellow section would be offered to Lazarowitz or to the owner of Parcel C (or interested party, than a right of way would be reserved to Laarowitz for their driveway). The green Parcel only has value to Miller and the blue -green Parcel has value to Perine or to i\- liller, but should go to Perine if the original plan of having the Perine driveway enter Bean Hill Road (as opposed to Hillcrest Road) is still something that the Perine's are interested in. The blue -green Parcel would also be subject to a restrictive covenant to prevent the planting of trees or other plants, or the placement of objects, within 50 or so feet of the intersection so as to avoid obstruction of the view between the roadways and at the intersection. In order for the Town to abandon the property, the Town would have to pass a resolution subject to a referendum, specifically identifying the property. Mr. Krogh is seeking input from the Board, Jack French and Dave Herrick in regards to the proposal. I :1 After Further discussion the Board asked Mr. Kro P_h to contact a real tor to determine the Pair Markel. Value of the land. The proposal wiI I be discussed further at the July 18"r Board Mectin8. Sewer: Mary Sullivan of 1868 East Shore Drive. Ithaca, I.Y. prosented the following letter to the Board MMmberL June 27, 2007 IvAnsiir; 'l a4a'�l 13081'd 29 Auburn Road Lansing, MY. 141192 Dear Members of ho Sc wer tvOrnm ittec and FlccLecl Representai.ives ofthe Current R.csidcnts of the Town of Lansing.. 1 any writing to docuinent my velrcmcnt opposition to the current Trunk S't;wcr proposal for thr; 10110%ving reasons, 1. exorbitant costs. `1 -lie $854 is only an estimate and probahl }f the mast opt.iin i4tic estlnlate the engincors could 1)roduec: trr thiS lime. The cLAiinaied connect ionldecomniiss ion iTtg costs of 53,000 don't cvcrr come close to What it would cast mC 10 [ay pipe down Toy driveq�v{ry (�00R of shale) and pump the se4vage UP hill the 3A -40ft drop in dev�ltian1111 2, Benefit? We are told that the niain reason for this pix0p(}sal is to 4LadequatOv dispose of s;Bwago ill arc Rs known to havc sail or topo�ral�l�ic Grrri(ations: and prwec ( the health wLd safety of the lake and the neighborhoods. ff the real concern is licalih and SaJ`ety why are yoke tal -geting rho south en where the rnajority of the older homes liave adcquKiLe land and soil conditions For septic systc-ms and not sl)cnding (lye inoney on cIrforcernont and assistance in ibe r1rCIS aIOn4T the lake where we k110 %V the SV Stem S are, in some ULSCS, directly polluting the lake and.the residenL�; have asked for help ;-with these problems? l h1ve a modorn septic. systoln and 1 13avr: enough land to redo rhat system if:. and Micn, 1r becomes nccetisar'y; th iS pl;In is of NO benefit it) ire, yet 1 will probably be Ibrced to pzr }` for somerhing I don't walrt, can't. a RJO IA. ;d- . and don't ner o 3, Practicality, Since my property is within the boundary ofthc proposed district aad I own a residencc and a vacant, p�irce1 I w i I I pay a minimum es1.imatcd fee of $19 5 for the rest of my I i re., even if 1 am novel' connected to the system, not to rmnrion the increased costs for ilic schrInls, goads, t {sss;sserl �fatile and orher "benefi(s" a SeWer wystcm %till! proms al U_ 1ftl3e syskctn include -s my propQTly and reClIllire$ Tne to connect, I can not sce lr0 %jbl l can ever 2ifford the tee 10 COInlCCC PIUS (Ile regUil -Cd PUMPS 10 $2JfC1}` pulrip se }'age up a40 FOOL drop over 800 feet of drivc-%-wi7y. Even if we can find a fail safe single residence puIrrpiaye SYSTEM fn IN. aur location, the casts are exorbiiUnt!! ! (Seventeen years ago, when the water line was required to be connected, the C0ntractOr broke st;vs;raI drills gcling udder i.he road hero and Lhc entire escrow account- Roy Moore set aside, %which was several t imus the tow pi estimate, was used up ;ett+ng the smaller water Pipeline laid.) The current septic system works tine, doc -sn't poilu(e, and can be redone when heeded. 4. Ontin!is. '[ he it} %'n is looking at on l }' Q1'F option,'1ry is tl�is? Jri ;t because %ve are eligible eligible For a grant to MIKO one course of action does not meulti A is (Ile best coursel111 The grant pal's For only 1/3 of the coo and even i f it paicl for all of ir, without 4el thorough study of the options I'm not convinced It is the best choice For iho overall health and safety oFthe maximtin) numh�^r of curs nL residents. 1'�']l }r 7ren'1 wt putting rnt�re study imo the local c)ptioll which will soilve i.he LOCAL curs -c-nt taxpayem who need scti +ers, ratl,cr (Italy cskicnng ro tlw 1't°}'rENTI A I. needs of outside deveIco-pers to skibsidi7x their 1YL0%T to our town? 5. 1 nctntives. Lack o1.' a s;cWer systcn, Iiis NOT prevented responsible cievelop the nt- RcstatlMnLS like the new unc at the 1-arrner ]dose Inn Irave paid rheir own costs for their systems rrs have all ()f tlic current residents alyd businesses of this town. We already have a growing small business park in 1.hc Mouth end. Sure, more large cojporarc businesses and larl;e scale outsido developers %A11. take advantage oi` the system i E' k +e offer Cl,t ni stilt sutasltl_v, but v 1, should I subsidise something Ll,at will rnsuit in raising my taxes and decreasingm y quoIiiy of I ife by aIIowLIlz rn ini- ilia nsicTn2� on V4 acre perccl9 across Lhc gorge f:roirr me or big box corpor;rrions building a 1.301 iday Jean m rQITipete %.v1II1 uar cllcarin ins bed and breakfasts? I aIn very much FOR x toivn Centt:r that pro}ridcs for slloppiiig, the ablldy to buy groceries, alyd do bzlnking without driving 10 the [Mall or downtown Ithaca, buL we had (hat option 15 years ado when Egan's was sti I I in business and the Bank cif Moravia had a branch here. We did little or nothing to keep them, so it's hard io believe the residents would suppari. Lhtkse typos of businesses if we had that option toga in. W a have a %vltiole slopping area by the post at>fits , already built witl, )eptic systems, that. has stood IRTgUly vaCdnt since the hank mnvud OLIt. So where are Lhcse hordes of promised devc10pors Wlie w i I I nrlAu this proposed system cast effective 1n even (tie next 20 ;fears and give us a La%vn cenwr2 If there. is so much pressure UL` tlevelopnlent u'1yy are the f(II- rer SoLlth Lansing First Hall, E�an'S IGA, and the Post Office mini mall we already have all vacant? G. Environmental concerns I live near three of the water falls on Goodwin Mill Creek, the stream that mects the lake at the old cement plant. On Tuesday, Nov. 14, 1 attended a meeting, in our town hall, that discussed the "Comprehensive Plan for Tompkins County" sponsored by the Department of Environmental Conservation. One oftheir major concerns is for the problems of inadequate sewage disposal along the lake shore, especially in the north end of the town, yet the ,trunk Plan puts most of the initial funding into the southern areas where there is far less need by current LOCAL residents. The creek i live on has also been cited. Find has its own area designated on their plan as `one of the most diverse and environmentally sensitive" areas in the town, yet the proposed plan disregards this study and proposes tunneling under this creek and destroying the scenic area and sensitive biosphere at the bottom of the stream, while endangering the gills and everything downstream by running the major trunk line across the bridge just above the falls!!!! 1 have an additional, personal, environmental concern: having been on the toilet side of a line plug that was blown back through an Ithaca City sewer check valve into the basement of the Immaculate Conception School a few years ago by a city crew working on the line, I ana less than convinced that my basement 40 ft. below grade won't become a septic tank if the check valve fails. Cl'he brown geyser erupted and flowed so fast we had to snatch up a small child who was sleeping on her nap mat 12 feet from the bathroom just before the stream reached her, and run with her and the other children to the other room as half of our classroom was flooded with raw sewage and rendered unusable for over a week while we tore out the rag and decontaminated the area.) My septic system still ,works when the power fails, which is not true of non gravity fed system like the one being proposed! If like areas of Buffalo recently, we are without power for a week, (or even the three days I remember for this area), what happens to the system? The upper, gravity fed, parts may still work, but the lower line, where stuff has to be pumped 10 miles uphill, will probably plug if the power is out for long. 181 Please look for a practical, cost effective, way to encourage progress toward a cure business area. it should include a formula that puts the burden of the cost on those who arc willing to pay f'or the system as part of the'4opportunity cost" of development (as the developer of the area in the new water district offered to do ) and assists those who have no option for a new septic system, like some homes along the lake. While l am definitely in favor of planned development, I feel that those whose businesses stand to make large profits horn this subsidy should bear the burden of this development. We don't offer each new individual homeowner an S854 subsidy to build their septic system as a incentive to move there, so why are we planning to subsidize the sewage cost of large new outside developers, so their development homes and businesses can be build cheaper, at the expense of those of us who took care of our overt sewage problems at our own expense, because we chose to live here marry years ago? Sincerely, Many Sullivan 40 year resident The following were highlights of what Followed the presentation of the letter to the Town Board: Mary Sullivan stated that there were far more people out there that are opposed to the sewer project as proposed. The project largely favors the developers and not the people who elected the Board members. Marty Christopher stated that it NNras unfair for the public to come to the conclusion that the Board as a whole was in favor of the sewer project and what the• sewer committee has proposed. It was unfair to put him on one side or the other without recognizing his approach. He has been a resident of Lansing for 64 years and is aware of the letters and talked to many residents and is very much cognoscente of what her feelings are. Apiary Sullivan stated that because the Board is going forward as a Board it means a majority of this Board has voted for this project. Marty Christopher and Connie Wilcox stated that there has never been a vote. Mary Sullivan stated that there should be a vote so the people that elected you know where you stand. Mr. Hagin stated that you are responsible for this as a Board. Mr. Krogh stated that the concept of sewer in Lansing started 12 years ago with a completely different Board. The DEC awarded the Town of Lansing 4.3 million dollars to do a sewer study. Back then it was half the cost. Unfortunately DEC would not permit the'Town to do a Town owned, Town based sewer. They insisted the only way the money could be gained is by going to an Intermunicipal solution. The Town is using the grant money to do the feasible studies, the engineering studies and looking into what is the best plan for the Town. The Sewer Committee is currently looking into funding to 3 182 make the project more affordable. The current Board has never voted on it except to the extent that 12 years ago the prior Board said yes we will do the feasible study, DEC thank you for the grant. At this point, what point is affordable? The current Board has inherited this project and it has been all information and feasibility studies so far. The positive part. is that there has been a lot of public input. Mary Sullivan stated if you find that. it is not the appropriate thing for Lansing then at some point you must say okay we did the study and thanks very much for the money but we determined that this is not an appropriate use. It is going to cost most of our residents far more at the end of the 30 years to have a public sewer than to replace a septic system 2 or 3 times over. Mary Sullivan also stated that the figures on the website are several years old. Her land is not correct, her name is incorrect, the 10 year old land sale, along with her consolidation is not accurate. Therefore, she has trouble trusting the figures. She brought this up in November and was assured that this would be taken care of. It is changed at (lie County level so why is it not correct and accurate in the studies? If there is to be confidence in the figures then the estimated costs need to be up to date. Bud Shattuck stated that the Board is at the mercy of the Engineer's but they have also asked them not to spend extra money and to alleviate costs until the Board knows where the project is going and the Board is ready to vote on it. Mary Sullivan stated that the tax maps and rolls are public record. There is no cost to the Board and they should be used. Connie Wilcox stated that it is a cost to the Board to have the Engineers put this into a report. If the Board could do it themselves they would be more than happy to do it, but it has to be the Engineers who put that together. The Board is trying to alleviate that cost until the Board knows what direction they are going in. The Board doesn't know at this point if this project is going forward. Connie stated that this is not a done deal and this needs to be conveyed to the public. Mary Sullivan stated that the Board needs to be a little more transparent. They need to let the public know when the vote is going to come. Connie Wilcox stated her view. There has to be a legal notice and public. information meetings. If this was to come to a referendum it would just go to a referendum. She does not feel that it should be on the onus of the taxpayer to petition for a referendum if it goes that far. The Town Board can call for a vote. Mary Sullivan thanked the Board for that. She feels that she is part of a study group more than an opposition group. Guy Krogh stated that Many Sullivan has made a great point. Number one is sewer necessary and is this the right plan'? Mary Sullivan was glad there was going to be a public referendum and feels much better having the Board say what they have said to her and she will let other people know that the Board is still considering their options. Connie Wilcox stated that she has spoken to the Hagins when they have been at the Sewer meetings and she has told them that the Board is totally open to questions and if there is any information they can provide they are glad to do that. The Board thanked Mary Sullivan and Roger and Marilyn Hagin for attending the meeting. RESOLUTION 07 -140 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Special Mecting be adjourned to go into Executive Session to discuss a personnel issue at 9:05 a.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of "Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of To�vn Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen Farkas, Supervisor RESOLUTION 07 =141 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: 0 183 RESOLVED, that the Executive Session be terminated and the Special Meeting be reconvened at 9:25 a. in. Vote Vote Vote Vote Vote Of Town of Town of Town of Town of Town Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) Board ... (Aye) RES( Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen Farkas, Supervisor )LUTION 07 -1.42 RESOLUTION REGARDING PROPOSED TOWN OF LAINTSING SEWER DISTRICT AND STATEMENT OF il\TENT TO ABANDON SEWER PR(0)POSAL At a Special Meeting of the "Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 6th day of July. 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher. Councilperson; and Matthew Besemer, 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 Matthew Besemer; and the Grote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly and unanimously adopted: W EREAS, approximately 12 years ago, a prior Town Board started investigating the feasibility and affordability of a sewer system in and for the Town of Lansing; and WHEREAS, at such time Environmental Bond Act ( "EBA ") funds were available to fund the feasibility studies and the construction of the project; and WHEREAS, the Town of Lansing was awarded approximately 4.3 million dollars in IBA funds, but the NYS Department of Environmental Conservation ( "DEC") conditioned the use and receipt of EBA funds upon the Town abandoning a stand -alone Town owned and operated sewer facility, and required that the Town pursue an intermunicipal solution to sewers in Lansing and 'Tompkins County; and WHEREAS, with support from the DEC relative to the environmental review of proposed sewer mains and interconnection routes, and the EBA awarded funds, the Town, through a prior Town Board, decided to pursue intermunicipal sewers and intermunicipal solutions to sewerage in Lansing; and WHEREAS, approximately 10 years ago, a Town Sewer Committee was commissioned to utilize EBA funds and examine the feasibility and aff.'ordability of a south Lansing sewer district; and N HEREAS, another committee, comprised of 6 municipalities (the Towgls of Lansing, Dryden and Ithaca. the Villages of Lansing and Cayuga Heights, and the City of Ithaca), began negotiations relative to the interconnection of the Village of Cayuga Heights Treatment Plant, the City of Ithaca Wastewater Treatment Plant, and the proposed South Lansing Sewer District, which bypass and interconnection lines would need to be constructed to allow effluent to transfer between plants and be treated; and WHEREAS, due to the multi - municipal nature of such a venture and the ever- changing requirements relating to the treatment of phosphorous and other substances, there was a need to update the Cayuga i-leights and City plants, and to gain permission to pass through other affected municipalities; and WHEREAS, it took over 6 years to reach an agreement with the 5 other municipalities; and WHEREAS, an agreement between the 6 municipalities was reached and the Lansing Sewer Committee then started engineering analyses and examining financing and funding sources: and 5 184 WHEREAS, approximately 2 years ago a proposed draft South Lansing Sewer District Plan was publicly unveiled and made the subject of a series of public meetings and information sessions; and WHEREAS, the Town Board and Sewer Committee received input from many municipalities, members of the public, and businesses, and partially as a result thereof, a renewed effort to obtain low interest loans, grants and NYS and federal aid for the project was pursued, together with engineering solutions and boundary changes to try to make the proposed district more affordable by (i) including interested residential neighborhoods where density was sufficient to reduce overall per -user costs, and (ii) including vacant lands where development was highly probable; and WFIER.EAS, after approaching every agency and government seeking funding, the Town and the Sewer Committee were unable to obtain commitments sufficient to bring the costs of the project below the NYS Comptroller's threshold; and even if the costs were so reduced, there were continuing concerns with the affordability of hook -up fees and expenses given the NIYS requirement that all persons within the district hook -up within one year; and WHEREAS, throughout this period of years, the Town Board continued to invite and consider all public input, both for and against the proposed sewer project; and WHEREAS, after duly considering all public input and considering all potential sources of funding and assistance, the Town Board determined that the project was not financially feasible for the Town and the majority of its residents, in part because (i) an intermunicipal solution was administratively more expensive, (ii) an intermunicipal solution was more expensive to build, (iii) in the intervening years, state and federal finding had "dried up ", (iv) the costs of inflation, including, but not limited to, steel, gasoline, wages, etc., had substantially increased, (v) the NYS Comptroller's thresholds did not seem to reflect the actual costs of new projects, nor the increased construction costs thereof, and (vi) in an ironic twist, the Town did not score high enough upon a point based system to qualify ],or further aid due, in part, to the lack of affordable housing, which was a prime motivator for desiring a sewer in the first instance; and WHEREAS, until Lansing could pursue a stand -alone system, and/or grants and funding are more favorable, the Town Board could no longer justify the continuation of the sewer project, despite the noble and tireless efforts of the Sewer Committee; and WHEREAS, upon due deliberation of all of the foregoing, the Toivn Board of the "town of Lansing has duly RESOLVED, that the Sewer Committee be disbanded, and that each member thereof be recognized for the substantial public service they provided; and it is further RESOLVh.;D, that the Town immediately make application for final reimbursement of its costs and expenses incurred in pursuing the feasibility of a sewer system, and the map, plan and report therefor, including all admirdsirative, engineering, consulting and legal expenses, from the EBA funds; and it is further RESOLVED, that the Supervisor shall request of all Town personnel, the Town Engineer, the Town Attorney, the Town fiscal advisors, and the Sewer Committee, and all such other persons and entities as may have documents or information, that all such documents and information be delivered to the Town Flail for safekeeping for such time, if ever, that a sewer system becomes more feasible and affordable; and it is further RESOLVED, that the Town Board wishes to thank the public for all the input generated and received; and it is further RESOLVED, that the Sewer project and proposed district be and hereby is abandoned, and all Town personnel and agents are directed to cease all sewer related activities, except those continued upon the direct request of the Town Supervisor or Deputy Town Supervisor relating to the reimbursement of costs and expenses from the EBA funds. SEQRA: Type 11 6 RESOLUTION U7 -143 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Special Meeting be adjourned at the call of the Supervisor at 9:32 a.m. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Matt Besemer, Councilperson Marty Christopher, Councilperson Bud Shattuck, Councilperson Connie Wilcox, Councilperson Stephen parkas, Supervisor Minutes taken and executed by the Deputy Town Clerk. h 185