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HomeMy WebLinkAbout1993-02-03 TB , 1298 FEBRUARY 03 , 1993 The Lansing Town Board met in Special Session at the Lansing Town H all Board Room at 7 : 00 P . M . on February 06 , 1993 with Supervisor K irby presiding . ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present4110 Paul Butler Councilman Absent Jeffrey Cleveland Councilman Present L arry Tvaroha Councilman Present B onita Boles Town Clerk Absent D ebbie Crandall Deputy Town Clerk Present Richard Thaler Town Attorney Present ✓ ISITORS : Tom Todd , County Representative , George Totman , Code Enforcement Officer and Phil Winn , Attorney . The Supervisor called the meeting to order and had the clerk take the Roll Call . P hil Winn , Attorney for the Kim Subdivision presented the B oard with an updated map . P hil Winn requested a letter from the Town Board in regards to h aving several utilities poles moved out of the Towns right - of - way . It was the consensus of the Board to have Attorney Thaler w rite a letter stating that NYSEG & NYTELE are hereby requested to relocate their utility poles out of the Town ' s right - of - way . The B oard authorized Mrs . Kirby it sign said letter . The sale of Lot # 13 closed today . Mr . Winn requested that the Town set a maximum amount for a letter of credit . The Board ✓ equested that Mr . Winn send a letter stating the time sequences of completion and to contact Dave Herrick and Pete Larson and get their recommendation on the amount of credit needed and include that information in the letter to Supervisor Kirby and the Board . At the time the letter is received Mr . Thaler will draw a contract and then George Totman will be authorized to issue a B uilding Permit but no Certificate of Occupancy to be issued until the road is accepted . Mr . Thaler informed the Board and Mr . Winn that Waterview H eights Road has been excepted and the deed will be recorded tomorrow morning . The portion of the road dedicated is from Teeter Road to the eastern most entrance of Waterview Heights down to Smugglers Path and then south on Smugglers Path to the property line . Tom Todd , County Representative reported the following to the B oard . 1 . The Solid Waste Users Fee was approved by the County Board o f Representatives at last nights meeting . Everything was settled e xcept the rate structure . The Towns & the City structures are e xempt . Mr . Todd ' s feelings were that the public schools should be e xempt too . Mr . Tvaroha asked why the Fire Departments are not being considered exempt as this is also tax payers money . Mr . Tvaroha asked why this was dropped and not discussed . Mr . Thaler stated that the City Fire Departments are not a separate entity . The City Fire Departments are part of their budget and are already e xempt whereas the Towns Fire Districts are separate and do not come under the Towns exemption . Mr . Todd stated that this was a g ood point and thought the same rationale would hold for the Fire D epartments as well as the Public Schools . 2 . Mr . Todd stated that he was on the following committees : P ersonnel , Public Works , Solid Waste , Chairman of the Fiscal Affairs and Article 18 Task Force . 3 . Mr . Todd informed the Board that the City is going to try and reopen the sales tax negotiation . The County Board received a 199 February 03 , 1993 , continued letter from Assemblyman Marty Luster stating that in effect the City has veto power over what happens as far as the sales tax . The County Board has applied to the State through Assemblyman Luster & S enator Seward to extend the sales tax . There is a one year sunset on the sales tax . Right now the sales tax is in place with all the terms until the end of November . The County expects the City at tonights meeting to pass a resolution stating that they are not satisfied with the arrangement that was made last year . Mr . Todd stated in full good faith he thought that they arrived at . a permanent situation with the 25 - 75 split . Now the City is changing their decision . The County Board is very upset over this situation . Mr . Thaler will research this further . Mr . Totman informed the Board that the Zoning Board of Appeals h ad a meeting last night . The Board appointed Roger Hagin as Chairman . The Board set a Public Hearing on March 02 , 1993 , Tuesday at 7 : 30 p . m . in regards to the Steve Lucente situation . Mr . Totman questioned the issuance of the Building Permit on L ot # 13 in the Kim Subdivision . Mr . Thaler stated that when the agreement and letter of credit is received and completed the building permit can be issued but no certificate of occupancy until the road is accepted . Mr . Beckwith reported on the Fire Departments Report and Meeting . Mr . Beckwith stated that the Board was very receptive to h is presence at the meeting and looked forward to meeting with him . The following was discussed at the meeting : 1 . Jill Ferguson turned in a letter of resignation . Paul Ravas was appointed to fill his seat for the balance of the year until elections are held . 2 . Marian Ostrander , Treasurer of the Board turned in a letter of resignation . Scott Pronti was appointed to the Board as Treasurer for the balance of the year until elections are held . 3 . The ladder truck was repaired . Mr . Cleveland asked if a Public Hearing was needed to change the Subdivision Rules & Regulations in regards to highway turna - rounds . There is a discrepancy between the Highways Specs and the S ubdivision Rules & Regulations in regards to this matter . Mr . Totman recommended that the Subdivision Rules & Regulations read : S ee Prevailing Highway Specs , instead of having the radius stated . Mr . Thaler stated that Peter Larson , Highway Superintendent g ive the Board a written notice to this effect and if the Board wishes to amend the Subdivision Rules & Regulations hold a Public H earing on the matter . A copy of the minutes of December 16 , 1992 having been furnished to the Town Board beforehand , the Supervisor asked for a motion to make corrections or to accept the same as submitted . RESOLUTION , offered by / Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the minutes of December 16 , 1992 be amended to fb read as follows : If Mr . Pace is put on notice between April 1st and December 1st , he will have 7 days to correct the problem or problems and if h e is put on notice between December 2nd and March 31st he will h ave thirty ( 30 ) days to correct the problem or problems . The remainder of the minutes for December 16 , 1992 are hereby approved as submitted . ✓ 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 210 February 03 , 1993 , continued RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Cit ./a- land, : RESOLVED , that the Town Board appoints Supervisor Jeannine K irby to the Tompkins Community Hospital Corporation Board from April 01 , 1993 through April 01 , 1995 . Carried . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Beckwith : RESOLVED , that the Town Board waives the water penalties for the Cornell University Equine Drug Testing Laboratory in regards to their future quarterly water billings . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Abstained ) Larry Tvaroha , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Beckwith : RESOLVED , that the Town Board unanimously recommends to the County that they approve a walk bridge over Salmon Creek in Myers until such time the bridge can be restored to its former condition and becomesa bridge for vehicular traffic as well . Vote 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 A copy of the certified resolution to be sent to Mr . Watros , Capital Structures Committee , Mr . Mobbs , Department of Public Works and Pete Larson , Highway Superintendent . Mrs . Kirby informed the Board that Gulf Road has a new stop sign at the entrance from the west and East Shore Circle has a new stop sign at the entrance from the west . Mrs . Kirby received a letter from the Tompkins County Board of E lections in regards to Election redistricting . The recorded n umber of voters appears in the following districts for Lansing : District # 1 - 776 , District # 2 - 722 , District # 3 - 728 , D istrict # 4 - 745 , District # 5 - 1 , 094 , District # 6 - 570 , and D istrict # 7 - 622 . The election law sets the maximum number of ✓ oters per district at 950 ( 1150 with Board approval ) . If this o ccurs the election districts must be realigned . RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Town Board does hereby instruct the Tompkins County Board of Election Commissioners to proceed with the e lection redistricting to conform with the election law . Carried . Mr . Thaler has had correspondence with Assemblyman , Marty L uster in regards to the use of the state land purchased by the Town . Marty Luster has requested a copy of the Bond Resolution . He intends to present it to the people in Albany . Mr . Thaler indicated to him that the Resolution indicates that the use of the land was for governmental as well as recreational purposes . It was n ot until the Town received the deed that we found out that the total purchases was restricted to recreational purposes only . He informed him that if the Town had known this that the Bond Resolution would have been done differently and maybe the Town w ould not have purchased the land . That is why the Town is asking 2/0:1. 1 February 03 , 1993 , continued Marty Luster for the private bill to include the use of the land for governmental as well as recreational purposes . Mr . Thaler sent the deed and all correspondence to Marty Luster and will follow up o n this in two weeks . The Board discussed the following water district extensions w hich are still pending : 1 . Donald Swearingen , East Shore Drive - Mr . Thaler read a letter from Mr . Swearingen . The letter stated that the Colonial Cleaner site had been declared a hazardous waste site by the Department of Environmental Conservation . It stated that no test w ell drilling has been ordered by the DEC or the Health Department . Mr . Thaler had written him a letter stating that a year had passed and what were his intentions on establishing the extension of the w ater district . It was the consensus of the Board to give Mr . Thaler the authority to write Mr . Swearingen a letter asking him w hether he wants to create the extension of the water district or if he is requesting the Board to continue the emergency hookup . 2 . Frank Proto , Apartments on Ridge Road - Mr . Thaler will pull the files and discuss it at the next Board meeting . 3 . Rob Lychalk , Drake Road - Mr . Tvaroha asked what the n ecessary steps where to create a water district extension . Mr . Thaler stated : 1 . Make an application to the Water Board asking that they be permitted to have an extension to the Water District . 2 . Get a recommendation from the Water Board to the Town B oard . 3 . The Town Board then authorizes Dave Herrick , Town Engineer to do a map plan and report . 4111 4 . A Public Hearing is scheduled . Town Board votes on it , it is published and subject to a permissive referendum . 5 . All expenses incurred are the homeowners responsibility . Mr . Tvaroha stated he would get a letter from Lychalk ' s e xtending the emergency request for the water situation . Mr . Thaler informed the Board that the contract for the D ivision of Youth has been signed . This will be on the agenda for n ext week . RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Cleveland : RESOLVED , that Mr . Kirby is authorized to attend the S upervisor ' s forum in Albany on March 21 - 23 , 1993 . All expenses incurred to be a Town charge . ✓ 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 . . . ( Abstained ) Jeannine Kirby , Supervisor ® RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Town Board authorizes Supervisor Kirby to sign an easement to give NYSEG the rights to put in their utility lines to the water tank off of Grandview Drive . ✓ ote of Town Board . . . ( Abstained ) Herbert Beckwith , 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 242 February 03 , 1993 , continued A copy of -the minutes of December 30 , 1992 and January 13 , 1993 furnished to the Board beforehand , the Supervisor asked for a motion to make corrections or to accept the same as submitted . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Beckwith : RESOLVED , that the minutes of December 30 , 1992 and January 13 , 1993 are hereby accepted as submitted . Carried . Carried . 4111 RESOLUTION , offered by Mr . Cleveland , who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Town Board authorizes David Long to appraise the Town owned land on Myers Road . BE IT FURTHER RESOLVED , that the cost of the appraisal will be a charge derived from the income of the sale of the land . ✓ 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 RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Town Board on the recommendation of Jim S weazey ( as part of the new heating system package ) to install a 30 g allon natural gas water tank in the amount of $ 172 . 00 . Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman Vote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman III Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor The Town Board discussed having another dog enumeration . In the next newsletter they will advertise for a dog enumerator . D ebbie Crandall informed the Board that the dog local fee had been changed in Albany to $ 4 . 00 effective February 1993 . RESOLUTION , offered by Mr . Tvaroha who moved its adoption , seconded by Mr . Cleveland : RESOLVED , on the recommendation from Dave Herrick , the Town B oard authorizes the approval of a change order in the amount of $ 740 . 00 for Pittsburgh Tank & Tower . The change is in regard to the fabrication for tank ladders to accommodate the Bolton Point safety harnesses . 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 RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Cleveland . RESOLVED , that the Town Board does hereby approve the III appointment of Roger Hagin as chairman of the Zoning Board of Appeals . Retroactive from January 1 , 1993 through December 31 , 1993 . Carried . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha . RESOLVED , that the Special Meeting be adjourned to go into 203 February 03 , 1993 , continued Executive Session at 8 : 50 P . M . Carried . RESOLUTION , offered by Mr . Tvaroha who moved its adoption , seconded by Mr . Beckwith . RESOLVED , that the Executive Session be terminated and the Special Meeting be reconvened at 9 : 05 P . M . 411111 Carried . On motion , meeting adjourned at the call of the Supervisor . Tow N Clerk Minutes taken and prepared by the Deputy . 620/2:7-2 a