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HomeMy WebLinkAbout1992-10-21 13':21 OCTOBER 21 , 1992 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 J eannine Kirby Supervisor Present H erbert Beckwith Councilman Present P aul Butler Councilman Absent Jeffrey Cleveland Councilman Present L arry Tvaroha Councilman Present B onny Boles Town Clerk Present Richard Thaler Town Attorney Present VISITORS : Peter Larson , George Totman , Dave Herrick , Leo Mahool , Charlie Tallman , Andy LaVigne , Linda Beckwith and about nine residents from the Lakewatch development . The Supervisor called the meeting to order and had the clerk take the Roll Call . The residents from Lakewatch discussed the following with the Town Board : 1 . Richard and Mary Schuler inquired about the status of the roads . The stated that they were irritated with the deterioration of the roads in the development . 2 . David & Maureen Dittman stated that repairs have been made to owners cars due to the pot holes . They felt they paid a lot of taxes and felt that the roads should be taken care of but Mr . Thaler informed them that they did not live on a town road . Mr . Dittman felt that their properties should be reassessed . • 3 . Jim & Jane Weiner stated that they have had damage done to their cars and wanted to know when the repairs to the roads w ould be made . He also wanted to know what the status of Smuggler ' s Path was . Mr . Thaler stated that Smuggler ' s Path WAS NOT conveyed to the Town as of yet . 4 . Mr . Sequal asked Mr . Thaler to explain to the residents , w hat the status of the roads were . Mr . Thaler said that no deed had been conveyed to the Town because the Town accepted them conditionally and the conditions were not met . Mr . Thaler also stated that as soon as an agreement is in place with the contractor , the roads will be taken care of . Mr . Thaler stated that it was not the Town ' s burden to cure the problem . Mr . Totman stated that he was given the Town Board ' s approval to issue permanent certificates of occupancy to the residents of Lakewatch . Mr . Thaler felt the Town would either have to make the Developer adhere to what was agreed upon or take the money from the letter of credit and make the roads good . Mr . Tallman stated that this was the first time they heard of this because as of Monday , they felt that there was an agreement being signed by the Town . He also stated that himself and Mr . Mahool had not been involved in this matter for the past couple of months due to their lawyer ' s suggestion . Mr . Thaler stated that he received a letter form L . R . S . Excavating at 4 : 19 P . M . stating that they would not go along with what was agreed upon . Mr . Cleveland stated that they thought that they had a good verbal agreement until today when it was changed considerably . Mr . Cleveland felt that something could still be worked out with the contractor if the Town would authorize Mr . Larson to repair the pot holes immediately . Mr . Thaler stated that until the roads become Town roads , the Town has no authorization to repair them with tax payers monies and that it would have to come out of the bond . Mr . Tallman stated that maybe they should be involved in the process . RESOLUTION , offered by Mr . Tvaroha and seconded by Mr . Cleveland : RESOLVED , that the Town Board does hereby authorize Mr . Larson 1.st- 3 3 continued October 21 , 1992 to repair the pot holes immediately and that the bill for said work be sent to the developer . Vote of Town Board . . . ( Aye ) Herbert Beckwith , 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 Mr . Thaler asked the Lakewatch residents to return to the N ovember 18th meeting to inform them of any progress that has been made to the pot holes . Mr . Weiner questioned the status of Smuggler ' s path . Mr . L arson stated that Mr . Weiner sent a letter to the Town allowing them to go in fifteen feet from the edge of the road ( 10 feet past the right - of - way ) but Mr . Larson informed Mr . Tallman and Mr . Mahool that that was not enough room to turn the Town truck around in . Mr . Larson understood that he was to receive in writing from Mr . Mahool and Mr . Tallman , permission to use the extra ten feet n eeded for the trucks to turn around in but was not aware of ✓ eceiving said letter . Mr . Larson recommended to the Town that they should not be responsible as he felt the lights were very close to the driveways . Mr . Mahool stated that the letter was sent and that Mr . Tallman and himself will be responsible if the Town H ighway Department happens to do property damage not due to n egligence on their part . Mr . Weiner stated that he is concerned that his driveway was not made to carry the weight of the snowplow and would like to see a permanent solution to the problem . Mr . Mahool stated that- .Mr . Tallman and himself WOULD have a permanent solution in place by October of 1993 . Mr . Thaler stated that Smuggler ' s Path HAS to go from Orrear ' s property to Mrs . Kim ' s property for an emergency access road . Mr . Thaler stated that the Town is willing to accept the solution on a temporary basis and accept Smuggler ' s Path so long as the Town ll0 knows there is a permanent fix and the Town knows when it will be . A resident indicated that she was concerned because there were n o street signs on Captain ' s Walk and Spyglass Ridge . Mr . Tallman stated that they held off placing the signs because they did not know how much of the road side would be used when road repairs were made . It was stated that they would have to remark places for the signs . - Mr . Phil Winn wanted to know what was needed for the Town B oard to accept the roads in Phase I of the Cayuga Highlands D evelopment . Mr . Thaler stated that he needed the following d ocuments : • 1 . The " as built " drawing verified by George Schlecht . - 2 . Letter from Mr . Winn stating that it is free from any liens . 3 . A $ 5 , 000 . 00 letter of credit good for one year beginning October 21 , 1992 . A Resolution will be ready for the Board to approve in regard to this matter on November 4 , 1992 . Mr . Larson reported the following to the Board : 1 . There have been some problems with the intersection on H orvath Drive and Asbury Drive as far as complaints from residents . 411 ( Not good sight clearances , dangerous etc . ) Mr . Larson and the County Engineer looked over the situation and the County Engineer made the following recommendations : A . Cut Trees Back and remove them . B . A sign indicating there is an intersection . C . Speed limit sign reducing the speed . 2 . Two salt spreaders have been mounted and there are four left to go . 3 . Started ditching on Grandview . , 1`'1.' 34 continued October 21 , 1992 4 . Will start at Egan ' s as soon as Grandview is finished . 5 . Mr . Larson felt that something should be done to make the N orth Triphammer Road & Triphammer Terrace , Water Wagon Road intersection safer . 6 . Mr . Larson and Mr . Herrick submitted a letter to the S upervisor stating that Mr . Horky ' s road was 75 % complete , therefore the following Resolution was adopted : • RESOLUTION , offered by Mr . Cleveland and seconded by Mr . B eckwith : RESOLVED , that upon recommendation from the Highway S uperintendent and the Town Engineer ,- the Town does hereby authorize Mr . John Horky ' s letter of credit to reduced by 75 % . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , 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 7 . Mr . - Larson asked the Town Board if he should now start plowing Mr . Horky ' s road . Mr . Thaler stated that the d escription is NOT " as built " but that when he receives the " as built " description , it should be ready for acceptance by the Town subject to the oil and stone . Mr . Thaler felt that the Highway Department would have to plow this road as it is access to the water tank , but he also felt there should be contingent acceptance along w ith a bond in the amount of $ 15 , 000 . 00 . Mr . Thaler also stated that Mr . Larson should place a stop sign in the appropriate spot . 8 . In regard to the walk bridge in Myers , Mr . Larson has 41/1 spoken to Mr . Jim Kazda , the County Engineer who stated that he needs a resolution from the Town Board to take to the County stating that the Town wants to make a walk bridge where the old bridge has been removed . Mr . Thaler stated that according to County Law , any bridge that is o ver 25 feet , which services a Town Road and is accepted by the County , is the County ' s responsibility . It was felt that a resolution had been passed stating that all Town and County bridges over 25 feet were accepted by the County . This was the authority the County used to close the bridge in Myers . Mr . Larson said the letter should - state that the Town was only going to build it into a w alk bridge until such time when the County could budget for and replace it . Mrs . Kirby will write a letter to the County Board of Public Works stating that this has caused a hazard . 9 . Mr . Beckwith stated that the vendors did not have the ✓ ight kind of steel for the Lockerby Hill Road bridge . This has delayed the start of production for at least 30 + days . Mr . and Mrs . Richard Pinney approached the Town Board in ✓ egard to their proposed subdivision north of the Fiddlers Green • Circle . Mrs . Pinney stated that they would be building a road off o f Fiddlers Green Circle and that there has been a boundary change d one between the Pinney ' s and Mr . Finkeldey . Mr . Totman stated that the Planning Board has already given their approval of the boundary changes . Mrs . Pinney stated that there will be a total of six ( 6 ) lots but that the top two lots ( E & F ) will not be sold for three to five years based on the agreement between the Pinney ' s and Mr . Finkeldey . She also stated that Mr . Larson sent them in a letter stating that basically , he was in agreement with the proposal . Mr . L arson stated that there was a problem with the water coming straight down Fiddlers Green and ran into Mr . Finlekdey ' s driveway 1135 continued October 21 , 1992 and into his house . The problem was solved by receiving an agreement from Mr . Finkeldey and Mr . Gates allowing the Highway Department to run an open ditch straight down to the gully . Mrs . Pinney stated that the map that was presented to the Board Members was a rough one and that the road that - would be built would be built to Town specifications . Mr . Larson - and Mr . Thaler stated that they had no problems with the proposed plan at this stage . Mr . Totman felt the new road would not be an- extension of Fiddler ' s ® Green therefore it should have a different name . It was the consensus of the Board to give Mr . and Mrs . Pinney conceptual approval . Mrs . Andrea Price and Mr . Wayne Straw representatives from the Lansing School District approached the Board asking the Town ' s help in resolving some of the traffic problems that are occurring at the schools . They would like flashing lights to be installed north and south of the school entrance on 34B . She stated that the cost and the up keep of the lights would be the Town ' s responsibility . Mr . Thaler stated that the Town is authorized to put up flashing lights along with signs on the _ side of the road and that the Town could also negotiate with the School to -maintain the lights . Mr . Thaler stated that the Town would have to notify the Traffic Commission by resolution and that the cost of installing -the flashing lights and signs would be the Town ' s responsibility but that a contract between the School and the Town could be - entered into . The State would be responsible for the - engineering aspect of this project . Mt . Thaler then stated that once the Town had installed them , it would be the responsibility of the School District to maintain them . It was the consensus of the Board to allow Mr . Thaler and Mr . Larson to find out what the cost would be and tosee wheather or not the school would be willing to enter - into such a contract . Discussion was also held concerning - closing off a portion of Ludlowville Road . at some point . This will be discussed further at a later time . Mr . Walter Wiggin ' s approached the Town Board in regard to the ongoing problem at Lakewatch . Mr . Thaler advised Mr . Wiggin ' s of the following hold ups : . _ 1 . The bond is a problem . Mr . Thaler stated that the Town will have to use it ' s own money to patch the pot holes . 2 . Mr . Wiggin ' s stated that the Pinney ' s are prepared to guarantee the work that has to be done . Mr . Wiggin ' s stated that he was quite sure the developer could put up $ 30 , 000 . 00 as a guarantee . 3 . Mr . Larson was concerned that calcium was not mentioned in the final faze of the project but only mentioned to be done in the fall . Mr . Herrick , the Town Engineer reported the following : 1 . New York State Electric and Gas water extension figures are being finalized and Mr . _ Herrick felt the- Town Board should meet with the representatives next week . 2 . Mr . George Schlecht has indicated to Mr . Herrick that the redesign of the Smuggler ' s Path intersection should be finalized very soon . Mr . Herrick and the Townwillreceive prints of this when it is finished . 3 . The Burdick Hill tank discussion group has been discussing the possibility of a sister tank to Bolton Point ' s only storage tank . Mr . Herrick . will report back to the Board in regard to this matter at a later date . RESOLUTION offered by Mr . Tvaroha and seconded by Mr . Beckwith : RESOLVED , that the Town Board of the Town of Lansing does 1: 36 continued October 21 , 1992 hereby authorize the Supervisor to sign the Notice to Proceed for the water storage tank contract and the water mains contract . Vote of Town Board . . . ( Aye ) Herbert Beckwith , 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 4 . Mr . Herrick stated that Janet Williams ( corner of Forest Acres and Hillcrest ) has bad water pressure and needs a check valve installed as one was never put in . He felt this should come out of the Operation & Maintenance fund for Water District No . 14 . 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 purchase one check valve and install it at the property owned by Janet Williams and BE IT FURTHER RESOLVED , that the cost of this is to come out of the Operation and Maintenance fund for Water District No . 14 . Vote of Town Board . . . ( Aye ) Herbert Beckwith , 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 5 . Mr . LiVigne has asked the Town to reduce the amount he needs to pay for the water line in front of his house as there is now a new owner across the road from him which Mr . LiVigne feels he should pay for half of the line and construction . Mr . LiVigne thinks the Town should charge Mr . Horky for a quarter of his frontage , a quarter of Mr . LiVigne ' s frontage and the Town should pay half . Mr . Herrick felt that Mr . LiVigne was acting as the developer when the agreement was made . Mr . Thaler stated that the Town would send Mr . LiVigne a letter if he doesn ' t contact someone saying the figures are based on the Engineer ' s recommendation and that his cost for doing what needs to be done will be $ 2 , 227 . 50 with a - reimbursement to go to Mr . LiVigne from his escrow after the work is completed . Mr . Totman presented his monthly report and stated that we are down 22 permits from last year and 3 . 9 million short . He also reported the following : 1 . There will be a new warehouse placed on the Terpening property . 2 . There was a fire in the recreational building in the East Lake development . 3 . Mr . Totman has sent out three letters on unsightly cars . 4 . Ivan Robinson has received his letter and has until October 26th to respond . • • 5 . It is in the New York State Code Book that Building Inspectors" should not issue a permit unless they can prove that emergency service is accessible to the property . According to Jeff Walters , the Fire Commissioner in Lansing won ' t let the big trucks check to see if these places are accessible or not . Mr . Beckwith had a different understanding in this matter . Mrs . Kirby stated that Lansing should have numbered fire lanes . Mr . Totman also felt that the Planning Board should be brought up to date on this matter . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : .13 7 continued October 21 , 1992 RESOLVED , that due to unusual circumstances beyond Mary S teinhart ' s control , the Town of Lansing will pay half of her water bill and she will negotiate with Bolton Point on the balance due . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman IIVote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor It was the consensus of the Town Board that it is necessary to h ave Planning Board members attend a State Planning meeting . It w as felt that a member could be appointed on a temporary basis pending their attendance to a State Planning Meeting . Mr . Totman stated that Tompkins County is planning to hold one this year . It w as felt these meetings should be attended at least once a year by e ach member of the Planning Board . RESOLUTION offered by Mr . Tvaroha and seconded by Mr . B eckwith : RESOLVED , that within one year of a Planning Board Members appointment , they must attend at least one school . ✓ ote of Town Board . . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED , that the Town board does hereby authorize Larry 4111 Tvaroha to attend a State Planning Meeting , November 8 - 11 , 1992 in Niagara Falls and BE IT FURTHER RESOLVED , that all charges incurred are to be a Town charge . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Abstained ) Larry Tvaroha , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor ✓ lumbing fees will be discussed at the next Bolton Point night meeting . Mrs . Kirby will get back to the Board when she receives more information . The rate increase for the 1993 Bolton Point fees were discussed but it was felt that the increase should be figured out on a percentage basis before the Board votes on it . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED that the bookkeeper is hereby authorized to make the following transfers : Transfer FROM DB5110 . 100 ( Street maintenance - personal service ) 1 $ 427 . 77 and DB5112 . 100 ( Improvement personal service ) $ 333 . 89 to ' I DB5110 . 400 ( Street Maintenance Contractual ) for a total of $ 761 . 66 . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor AUDIT RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED that the bookkeeper is hereby authorized and directed to pay the following bills : 1 e3 8 continued October 21 , 1992 G eneral Fund 632 - 713 $ 29 , 557 . 83 H ighway Fund 349 - 386 $ 76 , 158 . 48 L ansing Water Dist . 50 - 52 $ 905 . 95 McKinney ' s 8 $ 542 . 64 ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman 1111 Vote of Town Board . . . ( Aye ) Jeannine Kirby , Councilman It was the consensus of the Town Board to get estimates on w hat it would cost to convert the Town Hall and the Annex to n atural gas . The " paper road " situation on the old Dates property was discussed . The right - of - way should run north and south but it was felt that Mr . Thaler should look over the situation before it goes to the Planning Board . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED that the Regular Meeting be adjourned to go into Executive Session at 10 : 14 P . M . Carried . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Tvaroha : RESOLVED that the Executive Session be terminated and the Regular Meeting be reconvened at 10 : 30 P . M . Carried . • RESOLUTION offered by Mr . Beckwith and seconded by Mr . Tvaroha : RESOLVED that the Town Highway Superintendent is hereby authorized and directed to place " Caution , Children at Play " signs on Sunset Drive . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , 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 ✓ n motion , meeting adjourned at the call of the Supervisor . y Cep /4%‘ I