HomeMy WebLinkAbout1992-06-17 TB June 17 , 1992
The Lansing Town Board met in Regular Session at the Lansing
Town Hall Board Room at 8 : 00 P . M . with Supervisor Kirby presiding .
ROLL CALL
Jeannine Kirby Supervisor - Present
H erbert - Beckwith Councilman Absent
P aul - Butler - - Councilman Present
Jeffrey Cleveland Councilman Present
® Larry Tvaroha Councilman Present
B onita Boles Town Clerk Present
Richard Thaler Town - Attorney Present
• - - VISITORS : George Totman , Pete Larson , Dave Herrick , Mr . and
Mrs . Cox , Liz Biss , Mr . and Mrs . Fran Kallfelz , Mr . and Mrs . B . W .
H autaniemi ; Margie O ' Brien , Lucille Kemple , Mr . and Mrs . Mancini ,
Mr -: and -Mrs . - Waiter Poland ; Louise - Barr , Mary Ellen Cummings , Ethel
B eck , . Ron Parks ; - Terri Smith ; Dan Pace , Charlie Tallman , Sophie
Stark , - John Cummings - and about 15 - other Lansing residents .
- The Supervisor called - the meeting to order and had - the clerk
take the - Roll - Call . -
• - Proof of Notice having been furnished , the bid opening for one
mobile - concession stand was called to order at 8 : 00 P . M .
- - There was - one - bid received - from the Snack Shack at 46 Ford
H ill Road ; Lansing ; - New York : - The - amount - of their bid was $ 300 . 00
for the -- remainder - of 1992 : .. -
- - - RESOLUTION -offered by - Mr . Tvaroha -and seconded by Mr . Butler :
RESOLVED , - that the Town of Lansing does hereby accept the bid
o f $ 300 .- 00 • • fora - mobil a concession . stand to be used on Town - lands .
S aid bid is from The Snack Shack-, 4-6 Ford Hill Road , Lansing , N . Y .
®
- - - Vote of - Town - Board -. ( Aye ) -Paul - Butler , Councilman
Vote of Town Board ( Aye ) Jeffrey Cleveland , - Councilman
Vote - of - Town Board . . . ( Aye ) Larry Tvaroha , Councilman
Vote - of - Town Board . ( Aye ) Jeannine- Kirby , Supervisor
Many residence- of- the Town - of Lansing appeared before the Town
B oard in - regard - to the- new driving - range- and - pro shop that is being
built - on -Water- Wagon - -Road . Some of their questions and concerns and
comments - were -as--follows : - - - - • - -• 1 -. - - - Walter -Poland of 7- -Triphammer Terrace requested the Town
B oard to review the circumstances surrounding the granting of a
✓ arience - to -Hickory-- Hol l ow Gulf - Range - and - advise everyone who lives
in a - 1 ow --density - -z-one- -in the - Town of Lansing how to proceed as
there - is- now -two now - -two ( 2 ) - businesses that - are in violation of the zoning
ordinance . -- He -felt there- would be a - -big change in the environment
d ue to the traffic that this will cause . He also felt - these two
businesses -would -have a - depreciable value on their homes .
. - - 2 . - - - Liz- Biss- -of 28 - Forest - -Acres Drive wanted - to know what
they can do to ensure a more - closely - scrutinized - plan for
anything that may - come up in--the - future : -
3 : - Pat Cox of 31 -Fores-t- Acres Drive - gave the -Town- Board a
piece - of paper -with - the - following - questions -- on - it - that - they would
like - the Town - Board - to - answer-: -
- - a ;- - - -Who is - - responsible - for enforcing - the zoning - ordinance ?
b . What is the purpose of - having - zoning if it is not
® enforced ? - - - -
c : - - How - was - Mi-chai -een-' s - able to open- a business - in a low
density - residential - zoned- areal -
- - The - -Town-
ensity - - residential -zoned- area? - - - - - - -
d . - - The - - -Town- Zoning - Officer - made a serious mistake in
g ranting a permit for a business ( Hickory Hollow Golf Range ) that
✓ iolates the -zoning -ordinance- : -- Is it-not the Town ' s responsibility
to - rectify - the - -error - made -by it ' s - - employee ?
- e : • - Is - - it — appropriate - for a -- - real- tor whose company has
business interests in a zoned area , and an individual whose family
members are contracted to do excavating at the Hickory Hollow Golf
Range site to be members of the Board of Zoning Appeals ?
f . When can we expect an answer from the Town Board to these
8 ;2
June 17 , 1992 , continued
q uestions and to the requests made in the letters submitted ? How
are they going to notify us of their actions ?
4 . Ron Parks of 165 Triphammer Terrace wanted to know what
might happen to Horky ' s property or land elsewhere .
5 . Terri Smith of 37 Forest Acres Drive stated that she
d idn ' t mind Michaleen ' s hilt wanted to know what could be done to
e nsure that a fast food store would not go in on North Triphammer
Road .
6 . David Cox of 31 Forest Acres Drive stated that there were
too many people pleading ignorance to the zoning ordinance . He
w anted assurance that nothing else would happen in this zoned area
that would compermise the zoning regulations . He also wanted to
know what kind of a permit the "Million Dollar House " had as he •
felt they were going to have a shop in it and wondered if they
w ould be in violation of the zoning . He felt the Town should remove
all the commercial buildings out of the zoned area .
7 . Liz Biss wanted to know what it would take to totally
zone the whole Town .
8 . Fran Kallfelz wanted to know what a " cottage business "
w as . Mrs . Kirby stated that a cottage business was a business
w ithin a home . ( Home Occupation ) Mr . Kallfelz did not feel
Michaleen ' s nor the Golf Club were cottage businesses . Mr . Totman
stated that he would get back to Mr . Kallfelz next week concerning
a possible " violation of use " as far as Michaleen ' s is concerned .
9 . Mrs . Kallfelz asked how the Town proposed to expand
zoning to the other parts of Lansing when even in the area that we
h ave zoning , we cannot effectively count on it as working ?
10 . Mr . Thaler stated that the public needs to become ACTIVE
and volunteer to committees in the Town . He also stated that zoning
w ould not get passed unless EVERYONE became involved .
11 . Barbara Hulbert of 21 Stormy View Road wanted to know
what faith do the residents have when they already have some zoning
and it is being ignored ? Mr . Totman stated that he made the
mistake of 150 feet . He also stated that they ARE watching the
business and also another possible business that may be going into
another house near the Hillcrest area .
12 . Mr . Kallfelz stated that it was the Town ' s responsibility •
to rectify Mr . Totman ' s mistake and not ratify it by granting a
✓ ariance . Mr . Thaler stated that the Board of Zoning Appeals
g ranted the variance and the Town Board has NO control over their
d ecision .
13 . Mrs . Pat Cox stated that she attended the Board of Zoning
Appeals meeting and was concerned because Cal Warren was on the
B oard and she felt he had a conflict of interest as he is a realtor
in this area . She also felt John Hicks , another Board Member had
a conflict of interest because his son is doing the excavating work
for the Pro Shop and Gulf Range .
14 . Dan Pace , the owner of the Pro Shop and Gulf Range stated
that he had to put up his home as collateral to do his project
therefore he had to have an appraisal done and stated that his
appraisal came in at 25 % less than it would have due to the
e conomy .
15 . One resident requested that he receive a copy of the
B . Z . A . minutes . Mr . Thaler stated that this along with the Board ' s
d ecision was public information .
16 . Joanne Mancini asked if anyone had gone inside
Michaleen ' s to see if the owners were living there or not . Mr .
Tvaroha stated that the Town Board was concerned with the outside
looks of Michaleen ' s and would research it and enforce the law . He
felt that the definition of " home occupational businesses " needed
td " be researched further .
17 . Ethel Beck of 25 Stormy View Road was concerned about the •
traffic safety . She felt the increase in traffic would be a big
problem . Mr . Tvaroha informed Mrs . Beck that the Planning Board is
taking a serious look at the traffic problems in the Town of
L ansing .
18 . Mr . Thaler informed the residents that if a business is
sold it may stay the same as it was at the time of sale but if it
is dormet for a period of one ( 1 ) year the new owners would have to
June 17 , 1992 , continued
X8`13
start over .
19 . Liz Biss suggested a sign up sheet be passed around for
anyone who would like to volunteer to be on a committee to help out
the Town . A list was then _ passed around . and some of thepeople
present signed _ up . _ .
20 . Dan Pace stated that he was in favor of zoning . He felt
that the people . who wanted to . protect the residential area should
become vocal in regard to zoning . .
21 . Mrs . Kallfelz was concerned about the property line of
the Gulf Range . Mr . Totman stated that the balls would be hit
towards the center . of the land . and . not towards the houses. on North
Triphammer Road . . . _ . . _
22 . Mrs . Hautaniemi of 277 .6 North Triphammer Road was
1111 concerned about the speed . _ limit _. _ Mr . Thaler advis.ed. . her : to take
around a petition for speed reduction asking to . reduce _ the ._ speed
zone all the way to the Village line . Mrs . Hautaniemi aiso._ wanted
to know what recourse the residents would have against the lights
that will be placed on the gulf range . . _ Mr . Totman : stated that the
lights would be shielded halogen : lights and didno.t _ feel they
w ould bother the residents . _ _ _ _
23 . John Cummings of _ 9 Bean Hi 1 1 _. .Lane asked_ in . any of the
B oard of Zoning Appeals decisions over the past years :had. ever been
✓ econsidered . _ . . _ __ . _ _ _ _ .
24 . Pat Cox asked if Michaleen ' s . ever received a variance
from the Board of Zoning Appeals . . The answer was_ no . as . they _ never
w ent before the B . Z . A . because the decision ._ was _.made by the : former
Zoning Officer . _ _ _
25 . Ron Parks wanted to know how they could be guaranteed
that no other businesses would go into this area . He was asked to
g o to the Planning Board with the proposedchang .es _ they _ would like
to see take place in the zoning ordinance . . The P.l anning_ Board_ woul d
then have to have a Public Hearing , _ :adopt . a _ Res:ol.u.tion. and : .then it
could be adopted by the Town Board . _
Many of the residents then thanked the Board before they . left .
• Sophie Stark wanted to know where the . holding tank would be
placed df — it were to go onto the. Hatfield. ' s _ l:and : _ _ .Mr. .. : Thaler
411 informed her that the site for the . .new - holding tank _ . had not been
d etermined as of yet .
Mr . Ron Parks stated that his house is at the top of Asbury
D rive . and that the people whom. he purchased his.. house _ from decided
n ot to be in the water district . The Board informed ._ him _ that he
w ould have to do a district extension in order to be included in
the water district . _ _ . _ . .
Mr : Pete Larson informed the Board of the following _ issues :
1 . The road specifications that were passed - August 21 , 1991
state that there should be a two year warranty given to the Town
but it should read that a ONE YEAR warranty . should _ be :_ given .
2 . The material is in - for the Myers road bridge . Mr . . :. Larson
is waiting for the County to finish before he can get started .
3 . It will be two to three weeks . befo.re _ _ Dates Road is
completed .
Mrs . Kirby stated the Cayuga Highlands has asked for a
conditional approval but Mr . Herrick and Mr . Larson _ .were not ready
to give, a letter of approval as they have had NO _ -.contact. with
anyone regarding Cayuga Highlands to this point . _ _
Mr . Herrick informed the • Board of the following , issues :
1 ._ Mr . Herrick is in a position to. _ submit . requests for
proposals to at least three different . soil testings labs _ to get
auger borings for water mains and tanksites so . he can get : further
information on the location of bedrocks and a.iso: . -.g.et : foundation
d esigns for the locations of the tanks . He _wan.ts_ __to. _ma-i. l out the
proposals tomorrow . Test borings could begin July 1st .
June 17 , 1992 , continued
84
2 . Mr . Herrick stated he would like to proceed independently
from the_ wa.te.r_ mai.n _ _ext.ens.i .ons and _ get the tank . bids together so
that .thetank . . .contractors would _be returning their bids before the
w ater main . . .cont.ra.ct.ors_. _ . He felt it . was . _ critical to get the tank
bids in so they could be painted before the bad weather sets in .
3 . _ .T.he _ .G.ov.ernor is _ looking - for _ projects that qualify for
e ight hundred million dollars. . worth ofstatefunding . Mr . Herrick
stated . that. the Town . _had . .less . . than a week to respond to this grant
so he _ and Mrs . . . . Kirby gathered together as many representatives from
the area Towns .and Villages . as _ they could - . to look at what joint
projects might be able to receive this funding . They felt some of
the sewer . _proj.ects couldapply to this bond act so they put
together a _ project information form and had it submitted to Mr . •
L uster Fiday _ afternoon .- They are looking - for funding for the plant
e xpansion or _ the. whole bypass with - potential state funding .
Mr . Totman _ presented his monthly report to the Board Members
and stated thatthey are four (. 4 ) permits behind last year and
about 1 . 6 million behind last year .
Mr . Totman stated that the State Department of Labor did an
inspectionon the Town Hall and the Town Annex buildings . They
strongly recommended that the stairway leading to the courtroom
n eeds to bechanged as they did - not agree with the height , width or
the irregularity in the stairs . . They will be sending Mrs . Kirby a
letter to this effect and will give the Town 90 days to correct the
problem . If it is not corrected in ninety days , fines to the Town
w ill follow .
Mrs . Kirby.- stated that Pyramid Mall ' s current assessment is
$ 62 , 500 , 000 . 00 and that they want it reduced to $ 38 , 000 , 000 . 00 . She
has attended a meetingwith the County Assessment Department to
d iscuss the sharing of the cost of the litigation in this case but
d id not commit to anything .
The Neighborhood Legal Services , Inc . has asked for 5 % funding
from the Town of Lansing as they feel that 5 % of their clients are
from Lansing . The Town Board did not feel this was appropriate to •
g et involved in as there are enough County organizations that
support this type of cause .
RESOLUTION . offered by Mr . Tvaroha and seconded by Mr .
Cleveland :
WHEREAS , the Lansing Town Court ( " Court " ) has determined that
it is in the best interest of the community to explore a full range
o f alternatives to jail and fines in dealing with offenders . In
particular , the Court has utilized community service work as an
alternative ;
WHEREAS , the Town of Lansing Highway Department has projects
w hich require unskilled labor ; and
WHEREAS , the completion of these projects under the
supervision of the Town Highway Superintendent would be beneficial
to the community and the offenders ; and
WHEREAS , the Town Highway Superintendent had further
d etermined that his department is able to supervise a regular
program of community service work .
NOW , THEREFORE , BE IT RESOLVED , that the Town of Lansing
create the Town of Lansing Community Service Program to allow •
✓ eferrals from the Court to perform community service work under
the supervision of the Highway Superintendent or his designees
within the department upon the participant executing an agreement
in the formfiled in the office of the Town Clerk and pursuant to
any other directives of the Town Judges .
June 17 , 1992 , continued 85
✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman
✓ ote of Town . B_o.ar_d . . . . .. _ ( Aye ) = Jeffrey Cleveland , Councilman
✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
The need to amend . the Solid Wast.e __ Local Law was discussed . Mr .
Thaler will contact Albany asking for help in this matter . The Town
B oard will then have a Special Meeting just to discuss the changes
to be made to Local Law No . 1 of the Year 1988 .
Mr . Thaler informed the Town Board that the survey that was
done on the Clarke property in Ludl owvi l l e was incorrect . He stated
that the lines : would :. have to be _ redrafted . The survey did not
conform with the _ quick :: claim _ de.ed . . Mr. . Thaler stated that the _ swing
set is in the Ludl-.owvilLe Park . and _ is _ on Town property . _ Mr : _Thaler
w ill ask Mrs . Clarke ' s attorney to give the Town ..a . quick claim deed
to the property where the swing sets are . ( This will straighten out
the survey line ) . Mr . Totman stated that part of the driveway was
also on the Town ' s. property . Mrs . Clarke . would .like the Town to
g ive her a foot of land to resolve this matter . This will have to
be declared surplus in order for the Town to do this .
Mrs . Kirby stated that the Airport has asked for a parking
ticket report . She will pass this on to John Howell and discuss it
w ith him . Mr . Thaler stated that the County has made all the rules
and regulations at the Airport but that the Town of Lansing has to
e nforce them through the tickets that are issued . Mr . Thaler
thought that the Town should be reimbursed by the County for the
portion of work that is done by the Town .
Mrs . Kirby stated that Eric Skroback would like to participate
in the " Johnny Elmseed " program in the Town of Lansing so that he
could earn his Eagle Scout Badge . There is a $ 300 . 00 fee to
participate in this program which Mrs . Kirby thought the Town would
be exempt from . Mr . Butler informed the Board that the Eagle Scouts
do there own thing to earn money . Mrs . Kirby will look into this
matter further and get back to the Board .
RESOLUTION offered by Mr . Cleveland and seconded by Mr .
Tvaroha :
RESOLVED , that the Town Board of the Town of Lansing will hold
a Public Hearing on the declaration of a piece of property located
on Myers Road in the Town of Lansing as being surplus property .
S aid hearing will be held on July 1 , 1992 at 8 : 00 P . M . ( Uhrovcik
property ) Map on file in the Town Clerk ' s Office .
✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman
Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman
✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
AUDIT RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Cleveland :
RESOLVED , that the bookkeeper is hereby authorized to pay the
following bills ( The voucher from the Historical Society is to be
looked into before payment is made ) :
G eneral Fund 352 - 408 $ 117 , 570 . 88
H ighway Fund 174 - 211 $ 24 , 684 . 55
McKinney Wr . Dist . # 3 5 $ 208 . 32
L ans . Wr . Dists . 30 - 34 $ 6 , 489 . 85
Vote of Town Board . . . ( Aye ) Paul Butler , Councilman
✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman
✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
RESOLUTION , offered by Mr . Butler and seconded by Mr . Tvaroha :
RESOLVED , that the Regular Meeting be adjourned to go into
Executive Session ( 10 : 25 P . M . )
86 Carried
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Cleveland : . _ . - _ . -
RESOLVED , that the Executive Session be terminated and the
Regular Meeting be reconvened at 10 : 52 P-. M .
Carried -- - -
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
B utler :
RESOLVED , that the Town Board of the Town of Lansing does
h ereby authorize the Town Attorney to file the necessary- papers to
h ave the speed limit reduced to 40 miles per hour on Cherry Road in
the Town of Lansing .
Carried
On motion , meeting adjourned at the call of the Supervisor at
10 : 59 P . M . X15/69