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HomeMy WebLinkAbout1992-02-19 TB 2t . FEBRUARY 19 , 1992 REGULAR TOWN BOARD MEETING The Lansing Town Board met in Regular Session at the Lansing Town Hall Board room at 7 : 00 P . M . with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present P aul Butler Councilman Present Jeffrey Cleveland Councilman Present L arry Tvaroha Councilman Absent B onita Boles Town Clerk Present 1111 Richard John Town Attorney Present VISITORS : Brad Griffen , Barbara Barry , Dave Herrick , Pete L arson , Jan Smith ( Budget person from Family and Childrens Center ) , Roy Murdough ( President of Lansing Youth Services ) , and Mr . John Connors . B arbara Barry , past president of the Lansing Youth Services Commission , presented the Town Board with their breakdown of expenses and income for the year 1991 . She stated that the Town h as over paid Family and Children ' s Center by $ 1 , 817 . 00 so the Town Board decided they would deduct this amount from their payment in 1992 . Mrs . Barry stated that the State had cut their 1991 budget by $ 998 . 00 leaving a deficit of $ 1 , 531 . 00 . She has asked the Town of L ansing to help them out financially , if this is possible . The B oard members felt this was NOT a good year financially to give them the additional $ 998 . 00 that they are asking for . This will be discussed when there is a full Board , but no action was taken at this time . Mr . Brad Griffen stated that he had been appointed to the E ducational Committee and would meet with this group on Friday . He also had some questions and concerns regarding the proposed N . Y . S . E . & Gas addition and stated that he would be happy to help as a communicator between Lansing residents and the N . Y . S . E . & Gas if the Board would like him to . Mr . Dave Herrick , Town Engineer , reported the following to the B oard : 1 . Mr . Herrick and Mr . Larson reviewed the preliminary plat for John Horky ' s subdivision on Grandview Drive in the Town of Lansing . Mr . Herrick handed out to the Board , copies of a memorandum he had prepared in regard to procedural and planning issues he is concerned about in regard to the Horky subdivision . The following , are some of his main concerns : A . Is the proposed extension of Grandview Drive through both the Horky and Whispering Pines Subdivisions perceived as a positive addition to the Town ' s road system ? B . What policy and / or financial planning should be considered for completing the road construction across this reservation ? Section 602 provides some insight to this question . C . According to Section 701 ( D ) , and the Town Policy regarding water main extensions , should the Horky Subdivision participate in extending water mains to several or all of the proposed lots ? D . The question of Mr . Horky providing a letter of credit also was discussed . After Mr . Herrick ' s lengthy discussion in regard to the Horky subdivision , the Board members decided to review his memorandum on ,i their own and discuss this and make their decisions soon . Mr . Herrick stated that he would like their decisions by the next Planning Board meeting 2 . Mr . Herrick discussed the dredging at Myers Park . It was the consensus of the Board to allow Mr . Larson to hand deliver instructions to local contractors and allow them to return continued February 19 , 1992 21 q uoations to Mr . Larson as soon as possible . The following Resolution was then duly adopted . RESOLUTION , offered by Mr . Cleveland and seconded by Mr . B eckwith : RESOLVED , that the Town Board does hereby authorize the H ighway Superintendent to solicit for quotations for dredging at Myers Park subject to the Town Attorney ' s approval of the process . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor 3 . In regard to the water credit issue at Bolton Point , the following was discussed : A . Bolton Point ' s new rate schedule went into effect the first of the year and it was not clear to members of the commission that some of the minimum bills with 1 " and 1 1 / 2 " meter costumers w ere going to be as high as they were . The minimum consumption went from 24 , 000 gallons to 40 , 000 gallons . The minimum bill went up approximately 68 % . There are five customers in the Town of Lansing e ffected by this . There has been a credit calculated for these customers . The following resolution was then adopted by the L ansing Town Board . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Butler : RESOLVED , on recommendation from the executive director of B olton Point Water Commission , that the Town Board of the Town of L ansing does hereby authorize Bolton Point Water Commission to give the appropriate refunds to the five customers in the Town of L ansing affected by the rate increase of the minimum charge for customers with 1 " and . 1 1 / 2 " meters . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor 4 . Mr . Herrick talked with Harry Pratt who represents the D ay & Night store that is being built on Peruville Road in the Town o f Lansing . They had proposed to put their water main extension in the State right - of - way which would normally be fine but this is located within two feet of the State ' s right - of - way therefor making maintenance by the Town very hard . Mr . Herrick has recommended that an easement be provided for maintenance purposes . They are making preparations for. their Attorney to draw up an easement . The Highway permit was issued to Day & Night to construct the line as well as make their curb cuts , etc . Mrs . Kirby has w ritten a letter to Mr . Richard Bassner , who issued this permit to the Day & Night store . The Town is covered because the permit was issued in their name . Jt was felt that all future permits should be handled in this manner to protect the Town . 5 . In regard to the New York State Division for Youth SEQR , the following was discussed : A . Rich John stated that he has talked to Mr . Rijohn who indicated to him , that ._ the Division for Youth would like to be allowed to go ahead _ aslead agency on the project . His main concern is getting the process done quickly . B . Mr . Herrick stated that the Town had received a copy of the long environmental assessment form . C . It was theconsensus of the Board to maintain the ✓ esponsibility of Lead Agent in this project . Mr . John will contact Mr . Rijohn with this information tomorrow . - D . On December 1 .6 , 1991 , the Division for Youth requested that they be the Lead Agency for their project . A letter was sent to the Division for Youth on January 9 , 1992 stating that the Town would like to be the Lead Agency . Mr . Herrick stated that the D ivision for Youth has NOT followed the SEQR process . If the Town continued February 19 , 1992 ` 2 2 and the Division for Youth can ' t decide who is going to be the Lead Agency , Mr . Jorling , the Commissioner of D . E . C . can make the decision . It was felt that the Town and the Division for Youth should sit down and go over any issues in question . This should be done as soon as possible . E . Mr . Herrick recommended that the Town Board request an extension of determining the Lead Agency and / or set up a time to meet with them to go over specific issues . 6 . Update on Water District Number 12 . A . Mr . Frank Liguori has researched this and will talk to the Board at the next meeting . B . The Lane property cannot be developed until 1997 as far as water is concerned according to the Agriculture and Markets ruling . The Hick ' s property , East Lake and Lake Watch are in the Ag District but because they were approved by the Town earlier , they are o . k . ( This does NOT include any extensions of the developments that are already in place ) . In order for Mr . Hick ' s to be removed from the Agriculture District he would have to go before the County Legislature to change the boundary lines and it was felt that he must show that this is causing him hardship . 7 . The Benefit District : A . Mr . Herrick asked the Board if they had any questions in regard to the engineering agreement that he presented to them two weeks prior to this meeting . Mr . Butler had a question regarding the money allowed for Supervising . Mr . Herrick stated that it would be a full time position and would know more about it in May or June when it would become necessary to hire a person for this position . Mr . Herrick informed the Board that he had a person interested in this position that has an electrical background but this would be brought up again at a later date . B . In regard to the Ludlowville tank site , Mrs . McKane is willing to consider placing the proposed tank on a site that is about half the distance than previously considered . Mr . Herrick will see if the grades would be suitable and get back to her with an offer . He will do a survey map and get it to the Town Attorney and get back to her with a proposal . 8 . The sewer mains in the Horizen ' s project have purposely • been plugged so that no one could use the sewer . A hole will have to be cut out of the existing Village pipe before the sewer will be allowed to flow through said pipes . Mr . Larson , Highway Superintendent , reported the following to the Board : 1 . The County is going to allow the Town ' s to do a Town wide clean - up but Mr . Larson has a problem with the dates the County has set for this to take place . The County has set the clean - up for Lansing from March 19th through March 27th . Mr . Larson will try to get this changed as he will still have the plows installed on the trucks at this time and may have some bad weather . 2 . Mrs . Kirby had talked to Mr . Larson with concern about some water on the roads in the Autumn Ridge Development . Mr . Larson stated that a spring had been found in the upper portion of the development causing the problems . He has since taken care of this problem . 3 . In regard to the intersection between the Kim Development and the Mahool Development , Mr . Larson stated that the Gas & Electric and the Telephone Company has installed lines that are right in the intersection where the culverts need to be buried . Neither Mr . Mahool nor Mrs . Kim want to bear the expense of designing the intersection . The Gas & Electric will NOT change their lines until they have a drawing showing how the intersection • is to be constructed . Mr . Herrick has given Mr . Larson a price of approximately $ 2 , 000 . 00 to design said intersection . The following Resolution was then adopted . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED , that the Town Board of the Town of Lansing does hereby authorize the Town Engineer to do the Engineering 23ti continued February 19 , 1992 Secii cp�L cig specifications for the turn a round between the Kim Development and the Mahool Development and : BE IT FURTHER RESOLVED , that the Town will try to recover said charges from the developers . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman Vote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor 41114 . Mr . Larson passed around pictures of the roads in the H ickory Knoll Subdivision showing that the trucks are sinking after the thaw . Mr . Larson has documentation of this and will hold off until spring to decide what should be done to repair them . 5 . The Senior Citizen van is in and Mr . Larson and Mr . B utler will drive to Albany to look it over before the Town purchases it . RESOLUTION , offered by Mr . Cleveland and seconded by Mr . B eckwith : RESOLVED , that the Town does hereby authorize Mr . Larson and Mr . Butler to go to Albany to look over the new van to be purchased by the Town and : BE IT FURTHER RESOLVED , that any expense incurred is to be a Town charge . Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor 6 . Mr . Larson stated that he would like to buy one new one ton truck with a salt spreader instead of the two new pick - up trucks that are budgeted for . He stated that . there is $ 24 , 000 . 00 in the budget and the new truck would probably cost around $ 23 , 000 . 00 . It was the consensus of the Board to allow Mr . Larson to bid for one , one ton truck instead of two pick - up trucks . 7 . Mr . Larson asked the Board members to check out the roads all in the new developments when they were out and about . He also stated that the roads in the Autumn Ridge Development have caused N O problems as of yet . 8 . Mr . Larson stated that the Governor would like to cut the CHIPS program . Mrs . Kirby stated that the Governor has proposed a 100 % cut in Code Enforcement Aid . 9 . Water Main Breaks : The question of who is responsible to perform the inspections on the water mains when they are being constructed was brought up . Bolton Point would like the Town to consider having them do the inspections on new developments . Mr . Herrick felt an e scrow should be set up by the developer to cover the inspections o n the water mains . This will be discussed again at a later date . Mr . Cleveland also felt there should be a guarantee from the d eveloper for the mains as there is for the roads . 10 . Mr . Larson is waiting for the release slips before he can clean out the ditch behind Egan ' s store . 11 . Mr . Larson and Mr . Spencer will help move the monument at P ortland Point once Mrs . Bement has done all the ground work . She 41) is now waiting for the closing on the land which should be some time this month . Rich John has written a letter to Anna Holmberg in regard to the Gift situation but has not heard back from her as of yet . Mr . John has finished the grant on the park project and mailed it to Bob Gonnett on Friday . Mr . John spoke to Mr . Gonnett o n Friday and he indicated that the grants moved fairly quickly out o f his office and onto Albany . ( Should go to Albany on March 0 2 4t continued February 19 , 1992 7th or 8th ) . The preliminary decision will then be made on March 10 , 1992 . He suggested that the State had certain restrictions . Mr . Gonnett said that because of federal money , the state was not able to give the Town a long term lease . Without the Town having a long term lease in the property , Mr . Gonnett did not think the grant would go through. He indicated to Mr . John , that if the State took over the grant , it would be possible that the grant application could proceed in conjunction with the revocable use permit in favor of the Town allowing the Town to go in and maintain the land . Mr . John would like to approach the State within the next week or so and would also like to try to get help from Senator Luster and Mr . Seward , and Mr . Bolyard . Mrs . Kirby discussed the Town doing a resolution supporting a 1 / 2 % sales tax increase . It was the consensus of the Board to talk to Mr . Tom Todd before doing any resolution . AUDIT RESOLUTION , offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED , that the Town Board hereby approves the payments of the following bills : Highway Fund 11 thru 49 $ 44 , 069 . 98 G eneral Fund 39 thru 102 $ 62 , 355 . 78 H ud III 1 $ 1 , 797 . 71 McKinney ' s Water 3 2 $ 100 . 58 L ans . Water Dists . 4 thru 9 $ 5 , 225 . 98 L ans . Light Dists . 14 and 15 $ 1 , 749 . 27 L ans . Agency & Trustl4 and 15 $ 651 , 234 . 39 Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor A copy of the minutes of January 15th , February 5th and February 12 , 1992 having been furnished to the Board Members beforehand , the Supervisor asked for a motion to make any • corrections or to accept the same as submitted . RESOLUTION , offered by Mr . Butler and seconded by Mr . Cleveland : RESOLVED , that the minutes of January 15th , February 5th and February 12 , 1992 are hereby approved as submitted . Carried . Carried . Carried . RESOLUTION offered by Mr . Cleveland and seconded by Mr . B eckwith : RESOLVED , that the Town Board hereby authorizes Debbie Crandall and Bonny Boles to attend the Town Clerk ' s Conference in Albany , New York April 26th through April 29 , 1992 and : ✓ E IT FURTHER RESOLVED , that all charges are to be a Town charge . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor RESOLUTION , offered by Mr . Beckwith and seconded by Mr . B utler : RESOLVED , that the bookkeeper is hereby authorized to make the following budget modification : • Transfer $ 1 , 795 . 00 from A1620 . 200 ( Town Hall Equipment ) to A5010 . 200 ( Highway Supt . - Equipment ) . Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor The reason for the above transfer is because there was : 215 continued February 19 , 1992 $ 10 , 000 . 00 in Town Hall equipment to purchase a duplicating machine and to replace the copy machine . The decision was made not to purchase a new copy machine and to allow the Highway Department to use some of this money to replace their copy machine . Mrs . Kirby informed the Board that the year end audit will take place on February 29 , 1992 at the Town Hall at 8 : 00 A . M . As far as the issue regarding reapportionment , it was felt by the Board Members that the McLean area should be kept in tact , especially the fire district . Mr . Totman ' s monthly report was presented to the Board Members . It was the consensus of the Board to allow Mrs . Kirby to sign the agreement between Philip Munson and the Town of Lansing after h e agrees to it and signs it . AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING OF HIGHWAY SERVICES WITH TOMPKINS COUNTY By Resolution made by Mr . Cleveland and seconded by Mr B eckwith at a meeting of the Lansing Town Board on February 19 , 1992 the Town Board passed the following Resolution . WHEREAS , the Office of the State Comptroller has ruled that counties may no longer extend their bids for public work ( services ) to political subdivisions , and WHEREAS , General Municipal Law Section 119 - 0 provides that municipalities may enter into cooperative purchasing agreements to jointly bid needed services , and WHEREAS , General Municipal Law , Article 5 - G , Section 119 - 0 states that " any agreement entered into hereunder shall be approved 1111 by each participating municipal corporation or district by a majority vote of its governing body " , NOW THEREFORE , BE IT RESOLVED , that the Town of Lansing be , and it is hereby authorized to participate at its discretion with Tompkins County in the cooperative purchasing of highway materials and services as required for the operation of the Town Highway D epartment as follows : B ituminous Materials Cold Recycling of Bit . Pavement Calcium Chloride Solution G uiderail ✓ egetation Control Micro Surfacing Installation of Underdrain BE IT FURTHER RESOLVED ; that the Town reserves the right to participate in the State bid if the State bid is lower . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman Vote of Town Board . . . ( Aye ) Paul Butler , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor F:- f RESOLUTION ON DEDICATED HIGHWAY AND BRIDGE FUNDING B y Resolution made by Mr . Beckwith and seconded by Mr . Butler at a meeting of the Lansing Town Board on February 19 , 1992 the Town Board passed the following Resolution . WHEREAS , during the 1991 Legislative Session , the New York State Legislature passed , and the Governor approved , legislation , 6 continued February 19 , 1992 creating a Dedicated -Highway and Bridge Trust Fund ; and WHEREAS , this dedicated fund becomes " live " April 1 , 1993 providing dedicated revenues desperately needed for the future operation , maintenance , and improvements to the local infrastructure ; and WHEREAS , the New York State Association of Town S uperintendents of Highways and New York State County Highway S uperintendents ' Association has consistently supported the concept of a Dedicated Highway and Bridge Fund since its inception in 1917 , and applaud this responsible action of the legislature ; and • WHEREAS , this dedicated fund also contains a " locked box " consisting of non mass transit Petroleum Business Taxes ( totaling approximately $ 700 million ) to be apportioned between mass transit and highway and bridges ; and WHEREAS , the New York State Association of Town S uperintendents of Highways in conjunction with the New York State County Highway Superintendents has identified and presented to the G overnor , New York State Legislature and the Department of Transportation local road and bridge dollar shortfalls ; and WHEREAS , the Governor has proposed , in his 1992 - 1993 Executive B udget , a reduction in the Consolidated Highway Improvement Program ( CHIPs ) of $ 20 million dollars in operating and maintenance funds ; and WHEREAS , this reduction represents a step backwards in the commitment made in 1991 when the Dedicated Highway and Bridge Fund was established ; and WHEREAS , the preservation of the $ 20 million CHIPs maintenance funds is essential for improving the safety , efficiency , and structural quality of streets , highways , and bridges at the local 1110 level ; NOW , THEREFORE , BE IT RESOLVED , the Town of Lansing supports the efforts of the New York State Association of Town S uperintendents Highways and the New York State County Highway S uperintendents ' Association , urging the Governor and New York S tate Legislature to provide an equitable distribution of the P etroleum Business Taxes within the " locked box " to the local h ighway and bridge system ; and BE IT FURTHER RESOLVED , that an equitable distribution of existing state transportation funds , existing and increased highway related revenues , and existing and increased motor fuel taxes , within the Dedicated Highway and Bridge Trust Fund , be made to meet local road and bridge needs ; and BE IT FURTHER RESOLVED , that the Town of Lansing urges New York State Legislature to restore the $ 20 million in CHIPs maintenance funds and continue existing funding levels until such time that a Dedicated Fund is established to address local infrastructure responsibilities ; and BE - IT FURTHER RESOLVED , that copies of this resolution be submitted to Governor Mario M . Cuomo and all the members of the New York State Legislature , as well as others deemed necessary and 4110 proper . Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor On motion meeting adjourned at the call of the Supervisor at 9 : 50 p . m .