HomeMy WebLinkAbout1992-11-18 1 - =51
NOVEMBER 18 , 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 Present
Jeffrey Cleveland Councilman Present
L arry Tvaroha Councilman Present
® Bonita Boles Town Clerk Present
Richard Thaler Town Attorney Present
VISITORS : Phil Winn , Pete Larson , George Schlecht , Paul
Welch , George Totman , Charles Tallman , Leo Mahool , Dave Herrick ,
and 12 Lakewatch residents .
The Supervisor called the meeting to order and had the clerk
take the Roll Call .
Phil Winn approached the Board with the following concerns in
the Cayuga Highlands subdivision :
1 . Mr . Winn gave the Board Members a reduction of the Platt
that is on file in the County Clerk ' s Office .
2 . The original had 5 lots listed as lots 9 thru 13 .
It is now only 3 lots due to consolidation .
3 . Building permits have been issued for lots 7 , 9 , 11 and
15 .
4 . They would like certificates of occupancy on these four
lots from the Town .
5 . Lot 10 has been consolidated into lots 9 and 11 .
6 . Mr . Thaler ' s concern was the turn - a - round . Dave Herrick
suggested that instead of a temporary turn - a - round , it
could go all the way across to Teeter Road .
11/0 7 . Lot 11 has about 70 feet and a turn - a - round that has not
been offered to the Town but has been completed to
Town specifications .
8 . The only questions the Town Board had was the change in
the numbering of the Phased Lots and where the turn - a -
✓ ound should be .
9 . Mr . Winn asked the Boards approval to allow Mrs . Kim to
e xtend Smuggler ' s Path to the north to it ' s intersection
to Teeter Road and authorized the issuance of building
permits for lots 13 and 14 and indicated to Mrs . Kim
w hat kind of turn - a - round the Town would want .
10 . Mr . Winn gave Mr . Thaler a deed descriptionwith the road
o utlined in blue . ( lot 11 )
It was the consensus of the Board that the road could be
accepted as Mr . Winn had presented it . Mr . Winn will have to make
an application for an amendment to Phase I to include the
addihtional portion of Smuggler ' s Path over to Meter Road so that
lots 13 and 14 would be included in Phase I . ( Health Department and
Planning Board has already approved this change ) .
Mr . Thaler informed Mr . Totman that he COULD now give
certificates of occupancy ' s for lots 9 , 11 and 15 .
Mrs . Bortz and Mrs . Marca approached the Board asking for the
® Town board to adopt a Noise Ordinance limiting Conrail from
operating between 11 : 00 p . m . til 6 : 00 a . m . In addition , they would
like a contingency plan be put into effect so that in the event of
an emergency , someone could get in touch with the engineer to move
the locomotive . ( Stops and blocks crossings at up to one hour at a
time ) . The Town Board will contact a Conrail Representative to see
if an agreement can be made .
Mr . Tom LiVigne approached the Board in regard to his latest
letter . He explained his circumstances to the Board as follows :
He found out that he could not hook up to the water line until
: 15 2
continued November 18 , 1992
the main was extended . He thought that because there was a fire
h ydrant on the property , they could hook up to the main . He felt
it should only be extended to half of the property because the
d eveloper was going to get two lots out of it . The Town was then
g oing to give the developer a 50 % rebate or contribute 50 % towards
the extension of the line . Mr . LiVigne felt the developer ' s
responsibility should have started at the end of his extension
( 82 . 5 feet ) rather than at the end of his property . He felt he
should be responsible for 25 % of the footage , the Town responsible
for 50 % and the developer for the remaining 25 % if it was begun at
the 82 . 5 foot mark . He felt the developer was getting two free lots
for subdivision purposes . Mr . LiVigne wants to pay for 41 . 25 feet
instead of 82 . 5 .
Mr . Herrick stated that at the time Mr . LiVigne and a
representative for Mr . Horky came to the Planning Board with their
plan , it was for a one lot subdivision .
Mr . Herrick also stated that financially , there was no benefit
to the Town . He also felt the escrow agreement that the Town and
Mr . LiVigne agreed upon was fair and equitable . Mr . Herrick stated
that when the Town negotiated with Mr . LiVigne , the estimated cost
was $ 35 . 00 per foot and that the actual bid came in at $ 27 . 00 per
foot but part way there is rock which will cost about $ 52 . 00 per
foot ( Town ' s cost ) . -
The Town will discuss this and get back to Mr . LiVigne .
Mr . and Mrs , Schuler from Lake Watch thanked the Town Board
and Highway Department for filling in the pot holes on their roads
but still had the following concerns :
1 . No street signs and mailboxes .
2 . Asked foranupdate on final repairs of the roads .
Mr . Thaler stated that he just received the original agreement
from Mr . Gailbreth on Friday and the revision came in on Monday .
Mr . Thaler and Mr . Larson will go over the schedule that is
attached to it . Mr . Thaler has not yet received a revision of the
letter of credit or any verification of the monies on deposit .
Mr . Thaler felt the agreement could be ready to sign by the
end of the week . Mr . Thaler , Mr . Cleveland and Mr . Larson will meet
N ov . 19th to finalize this . Mr . Thaler stated there will have to
be a one year guarantee given from the date it is dedicated to the
Town .
Mr . Larson stated that the final solution will raise the roads
six inches more than what they are now .
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Cleveland :
RESOLVED , that the Town board of the Town of Lansing does
h ereby authorize the Supervisor to sign the agreement between the
L ake Watch developers and the Town of Lansing once Mr . . Thaler has
g iven his approval .
✓ 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 ) Larry Tvaroha , Councilman
Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
The Town Board stated that they were satisfied with the
temporary solution on Smugglers Path including the use of Mr . and
Mrs . Weiner ' s driveway for a turn - a - round for this winter .
It was the consensus of the Town Board to allow the Highway
D epartment to plow Smuggler ' s Path for the winter of 1992 - 1993 .
The following will have to be done before the Town Board can
accept Smuggler ' s Path as a Town Road :
1 .53
continued November 18 , 1992
1 . Mr . Mahool and Mr . Tallman need to write a letter to the
the Town Board stating there will be a permanent solution
to the turn - a - round before their time limit expires .
( One Year ) . Mr . Mahool stated that they would go along
with Mr . Herrick ' s recommendation in regard to the turn -
a - round on Smuggler ' s Path .
2 . The work has to be assured by a Bond in place .
1111 3 . Mr . Thaler stated that Smuggler ' s Path probably won ' t be
permanently dedicated until next spring .
Mr . Larson informed Mr . Mahool that he should get in touch
w ith Bolton Point in regard to placing the street signs .
Mr . Paul Welch stated the following :
1 . A group is doing a feasibility study in regard to the
ambulance service in the Town of Lansing .
2 . He feels the ambulance service should belong to the
tax payers .
3 . Mr . Welch contacted Mr . Thaler and discovered that an
ambulance district could be formed . ( Section 190 of the
Town Law )
4 . Mr . Welch stated that he would like to see better
communication between the Town Board and the ambulance
and fire service .
5 . A meeting will be held on November 19 , 1992 at the Town
Annex ( 7 : 15 p . m . ) and Mr . Welch invited the Town Board
to attend with any questions or concerns they may have .
The Town Board was asked to accept " Chelsies Walk " in the
411/ Cherry Hill Subdivision as a Town Road . Mr . Thaler stated that
this could not be done as he has not received an abstract of title ,
a description or an as built survey .
Mr . Tvaroha questioned the material that was used to build
this road . He felt material should be used to last for more than
o ne year and not to just cover the one year guarantee . Mr . Larson
stated that there was a real problem in the time frame of getting
the results of - samples taken . Mr . Tvaroha stated that two tests
w ere over 10 % and one was under . Mr . Herrick did not feel it was
significant enough reject the construction .
The Town Highway workers approached the Town Board in regard
to their 1993 contract . It was the consensus of the Board to have
one or -two representatives come to the December 2nd meeting at 7 : 00
p . m . so this problem could be discussed in Executive Session .
Mr . Herrick reported the following to the Board Members :
1 . Water Systems Improvement Project - the water main is
90 % complete .
2 . The Wilson Road extension is about 85 % complete .
3 . Bolton Point will shut down the water main system from
Brickyard Road North and West including Ludlowville and
Myers on Friday night at 10 : 00 p . m . for a few hours to
make the new connections to the schools property .
® All customers were notified by Bolton Point .
Mr . But- ler stated that the -Fire Department should also be
notified of this also . Mr . Herrick will be sure that
this gets done . -
4 . Mr . Herrick has signed off on all of the tank contractors
submittles and felt they should start constructing the
foundations next week .
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Beckwith :
15.4
continued November 18 , 1992
RESOLVED , that the Town Board does hereby authorize the
Supervisor to attend a meeting with HUD in Buffalo on November 19 ,
1992 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 ) Paul Butler , Councilman
✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman4111
Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Abstained ) Jeannine Kirby , Supervisor
5 . Mr . Herrick stated that the Town had bought two 8 " check
✓ alves last year for Water District No . 14 . Bolton Point
has stated that if we return them it would cost about
$ 700 . 00 and the the original cost was $ 800 . 00 for both .
Mr . Tvaroha recommended that Mr . Larson keep them in his
inventory until which time they could either be sold or
u sed .
It was the Board ' s recommendation that Mrs . Kirby write a
letter to Mr . Tom LiVigne stating that the Town Board has
considered his application for review and feel the agreement should
stand as originally agreed upon . Mrs . Kirby will also send Mr .
LiVigne a reimbursement check from his escrow account .
Mr . Peter Larson , Highway Superintendent , reported the
following to the Board :
1 . The van will be transferred to the park on January 1 ,
1993 . Mrs . Kirby will send the Senior Citizen ' s a
letter informing them of this .
2 . Mr . Larson discussed the possibility of replacing the
lights in the Highway garage which would give the Town a
savings over the life time of the lights . The Highway
men could perform a lot of the labor by installing them .
The total price would be around $ 7 , 817 . 00 . Mr . Larson
stated that these would have to be ordered by December
31 , 1992 and installed by April 1 , 1993 in order to take
advantage of the rebate program . The Board will talk this
o ver and get back to Mr . Larson .
3 . The brush is being cleaned out so the Highway Department
can get to Mr . Jim Egan ' s property . The ditch will then
be dug east and west .
4 . Dee Barber approached Mr . Larson about removing the trees
n ext to the school house located behind the Town Hall .
Mrs . Baker ( of Baker ' s Acres ) felt all of the trees
should be removed and new ones planted . ( around 30 trees )
It was the consensus of the Board that Mr . Larson should
✓ emove all of the trees .
5 . The State of New York will not deal with the school in
✓ egard to the lights at the school and said it is
illegal for a school to pay any money to the lighting .
Andy LaVigne will talk over the situation with the 4111
school board and get back to the Town with his findings .
( 12 / 02 / 92 meeting )
Mr . George Totman , Code Enforcement Officer , reported the
following to the Board :
1 . Mr . Ivan Robinson did not respond before his deadline in
regard to complaints on his property . Mr . Totman has a
supporting affidavit and legal appearance ticket drawn up
and will send it out this week .
155
continued November 18 , 1992
2 . Mr . Totman felt Cheryl Nickel got a lot out of the
P lanning Federation Conference that he and Mr . Tvaroha
also attended .
3 . The Town is down by 27 permits and 4 . 2 million from last
year .
Mr . Adam Lyon is looking into the State Insurance Plan and Mr .
Thaler will report his findings to the Board at the December 2 ,
1992 meeting .
The purchasing policy will also be discussed at the December
2 , 1992 meeting .
Mr . LaVigne informed the Board that the County is looking at
keeping the sales tax at 8 % for at least the next three years .
Mr . Tvaroha stated that Cheryl Nickel will put the findings
from the Planning Board ' s survey in a better form that has more
understanding to it .
Mrs . Kirby stated that the Town of Lansing will be audited by
the State Auditors in the fall of 1993 . Mr . Tvaroha suggested that
the management letter from the last audit should be gone over and
be sure everything was addressed .
Mrs . Kirby will write a letter to Mr . Squires and put it in
writing about the 60 to 70 thousand dollar item .
Mr . Tvaroha had the following questions on the Auditor ' s
draft :
1 . Page 1 - What is the $ 75 , 000 . 00 equity figure ?
41112 .
Mr . LaVigne felt it could of been left over from the
contingency fund .
P age 7 What did " Town Outside The Village " mean ?
Mr . Lavigne stated that it meant that it was the Town
INCLUDING the Village .
3 . Page 16 - Mr . Tvaroha questioned one figure but Mr .
L aVigne will have to look into it and get back to Mr .
Tvaroha .
RESOLUTION offered by Mr . Tvaroha and seconded by Mr .
Cleveland :
RESOLVED that the Town Board does hereby approve the Financial
Statement prepared by Mr . LaVigne with the one correction as noted .
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 ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
The following contract was agreed upon between the Lansing
Town Board and the Lansing Central School in regard to hiring
Constables :
1111 WITNESSETH
WHEREAS , the Town , pursuant to the Town Law of the State of
N ew York , has appointed Civil Officers known as Constables ; and
WHEREAS , pursuant to the Criminal Procedure Law , said
Constables have the powers of police officers within the Town of
L ansing ; and
WHEREAS , the School wishes to utilize the Town Constables at
certain functions of the School between December 1 , 1992 and March
31 , 1993 ; and
156
continued November 18 , 1992
WHEREAS , the parties hereto are desirous of setting forth the
provisions under which the Town Constables will act upon school
property .
WHEREFORE , for and in consideration of the mutual convents
h erein expressed , and other lawful and valuable consideration , the
parties hereto agree as follows :
1 . The School may request the services of the Town
Constables to act as peace officers on school property upon giving
w ritten notice to the Town of the number of Constables requested ,
the date and time for their work , said notice to be given at least
seventy - two ( 72 ) hours in advance of the event .
2 . The school agrees to reimburse the Town for said services
at the rate of Eighteen Dollars and 77 / 100 ( $ 18 . 77 ) per hour per
Constable and will pay the same pursuant to an invoice rendered by
the Town to the School .
3 . The School will provide to the Town a written job
d escription which the School wishes the Constables to perform ,
w hich job description shall be provided and attached hereto as an
E xhibit A .
4 . The School will designate an individual and so notify the
Town in writing as to the identity of the individual who will be
the School ' s representative in contact with the Constables during
the time that the Constables will be on the School property .
5 . The School will notify its liability insurance carrier
concerning the terms of this agreement and will supply the Town
w ith a binder of insurance indicating that the Town will be an
additional insured on the School ' s policy for the limited purpose
o f the activities of the Constables while on the School property .
6 . The Town will carry the Constables on its payroll and
shall pay the Constables for the hours worked pursuant to the
schedule established between the Constables and the Town . The Town
w ill be responsible for the payment of all employee taxes and
employee insurance .
7 . Either party to this agreement may cancel the same upon
g iving the other party ten ( 10 ) days written notice of its intent
to cancel . In the event of cancellation , the School will pay to the
Town whatever outstanding balance remains unpaid at the date of
termination and upon such payment this agreement shall become null
and void .
8 . Nothing herein shall be construed to indicate that the
Constables are employees of the School .
IN WITNESS WHEREOF , the parties hereto have executed this
agreement in duplicate , each being considered to be an original
pursuant to the power and authority granted to it by their
✓ espective Boards as a result of a duly voted resolution .
RESOLUTION , offered by Mr . Beckwith and seconded by Mr .
B utler :
RESOLVED , that the Town Board of the Town of Lansing does
h ereby authorize the Supervisor to sign the above contract . •
Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
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
At a regular meeting of the Town Board of the Town of Lansing
h eld at the Town Hall in the Town of Lansing , Tompkins County , New
157
continued November 18 , 1992
York on the 18th day of November , 1992 , all members of the Board
acting throughout , after discussion of the letter of November 4 ,
1992 from James F . Schug , Supervisor of the Town of Dryden to Mr .
Robert Watros concerning County election expenses , and after
h earing the Town Attorney concerning the opinions of the State
Comptroller 92 - 26 in which it was determined that the election
e xpenses such as special election charges may be back - charged to
the Town as additional expenses , the following resolution was duly
4111 made by Larry Tvaroha and seconded by Herbert Beckwith and
unanimously passed .
BE IT RESOLVED , that the Town Board of the Town of Lansing
✓ ehemently objects to the County attempting to charge back to the
Towns its 1991 and 1992 election expenses on the grounds that it is
improper under Section 361a of the County Law and Section 4 - 136 and
4 - 138 of the Election Law ; and
BE IT FURTHER RESOLVED , that the Town hereby puts the County
o n notice that any attempt to back - charge these expenses except for
special charges attendant to a special election or other special
requests made by the Town of the Board of Elections will be
resisted to the fullest extent possible ; and
BE IT FURTHER RESOLVED , that if the County has back - charged
said expenses , demand is hereby made of the County to reimburse the
Town for such back - charging since it is contrary to Law .
✓ 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 ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
ill/ In regard to the road in Pinney ' s subdivision , Mr . Thaler
suggested that the consent of agreement of the Town Board was good
e nough at this time and he did not feel a resolution was needed .
The concerns of the cablevision were discussed . Mr . Thaler
w ill send a letter stating that the Town Board would like to sit
d own and talk about the complaints and the response time .
In regard to the penalties assessed to the Annex for not
h aving railings and no master list in the fuse box , Mr . Thaler will
have Guy Krough look into it and get back to the Board .
Mrs . Kirby stated that the application to reduce the speed on
Atwater Road between Asbury and Rt . 34 was sent to the State by the
County in September of 1991 .
Mr . Thaler stated that there is a new chapter ( 663 ) which
authorizes a Town Board , when making appointments of Planning Board
Members , to require such members to complete training and
continuing education courses in accordance with any locally imposed
✓ equirement for such training or education requires that the
adoption of any regulations recommended to the Town Board by the
P lanning Board shall be by Local Law . Mr . Thaler therefore felt
that Larry Tvaroha should talk to the Planning Board about making
this a requirement , do the recommendation and then the Town Board
could pass a Local Law . Under section 248 it clarifies the Town
' _ Board ' s authority to require the Zoning Board of Appeals to take
special training or education . Mr . Cleveland suggested this be
thought through before the January meeting when the appointments
are made .
Mr . Totman suggested that the Town Board might want to make
it a prerequisition that you serve on the Planning Board for at
least a year before you can be appointed to the Zoning Board of
Appeals .
The County has recommended that a change be made in the
11 ;5 ;8
continued November 16 , 1992
zoning at the end of the airport runway
RESOLUTION , offered by Mr . Butler and seconded by Mr .
Beckwith :
RESOLVED that the Town Board of the Town of Lansing will hold
a Public Hearing on December 2 , 1992 in regard to changing the
zoning at the end of the runway .
✓ ote 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 ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
AUDIT RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Butler :
RESOLVED , that the bookkeeper is hereby authorized to pay the
following bills :
G eneral Fund 730 - 800 $ 31 , 259 . 44
H ighway Fund 391 - 421 $ 26 , 175 . 56
Agency & Trust 123 $ 20 . 00
L ansing Water 55 $ 101 . 82
Wr . Sys . Imp . Project 1 $ 3 , 953 . 44
O n motion , meeting adjourned at the call of the Supervisor at
10 : 11 P . M .
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