HomeMy WebLinkAbout1993-03-17 TB 225
REGULAR BOARD MEETING
MARCH 17 , 1993
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
H erbert Beckwith Councilman Present
P aul Butler Councilman Absent
Jeffrey Cleveland Councilman Present at 7 : 30
111 Larry Tvaroha Councilman Present
B onita Boles Town Clerk Present
Richard John Town Attorney Present
✓ ISITORS : George Totman , Pete Larson , Dave Herrick , Marsha
L ynch and her brother , Sharon Bowman and Mr . and Mrs . Otis .
The Supervisor called the meeting . to . order and had the clerk
take the Roll Call .
Mr . Larson reported the following ! to the Board :
•
1 . He passed out information on the signs that will be
placed at the school . Mr . Tvaroha asked why the State placed signs
on East Shore Drive that read State Route 34 and Peruville Road
reads 34B . Mr . Larson could not answer this but suggested they
check with the Department of Transportation in Cortland ..
2 . Mr . Larson gave his recommendations to the Board in
regards to a 10 Wheeler Dump Truck , a Portable Crusher Plant and
snow plow equipment . The following resolutions were then made .
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
RESOLVED , that on Mr . Larson ' s recommendation , the Town Board
® does hereby authorize Mr . Larson to purchase one 1993 1.0 Wheel Dump
TruckChassisfrom Beam Mack - of P . O . -Box 221 , 30.50 Lake Road ,
E lmira, New York for a low bid price of $ 65 , 623 . 00 .
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
✓ ote of Town Board . . . ( Aye ) Larry Tvaroha , ' Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Tvaroha :
RESOLVED , that on recommendation from Mrr. Larson / the Town
B oard ' does hereby authorize Mr . Larson -. to purchaseone - Portable
Crusher. Plant without trade -. infrom the low bidder , Charles
B lackwell , Inc . of 401 Eleanor Street ; - Horseheads , New: York - 14845
for a total price of $ 120 , 000 . 00 .
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith ., Councilman
✓ ote of Town Board : ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
Mr . Tvaroha thought maybe Mr . Larson should take the old one
to an . Auction in the Spring instead of waiting till Fall .
Transportation may be . a problem - but Mr . Larson suggested he could
take pictures of it to an Auction and- ask for bids that :- way . .
41111
RESOLUTION offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
RESOLVED , on recommendation ( with reservations ) from Mr .
L arson , the Town Board does : hereby authorize Mr . Larson to purchase
a snow plow and material spreader from the low bidder , Roberts
E quipment of P . O . Box 328 , Cazenovia , New York. 13035 , for the low
bid price of $ 32 , 223 . 00 .
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
226
continued March 17 , 1993
Vote . of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
3 . Mr . Larson stated that he will be out of Town beginning
March 19th until April 3 , 1993 . Donald Sharpsteen and Hazel Avery
w ill be in charge during this period .
4 . The snow storm has used at least 10 % of the snow budget .
P apers have been filled out and faxed to the State office in
S yracuse in hopes of receiving some financial help .
5 . In regard to the CHIPS funding , it looks like Lansing
w ill receive about a 6 % increase . THIS IS TENTATIVE .
6 . The Highway Department may close part of Warren Road for
a few hours to clear the snow with a loader .
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
WHEREAS , a resident of the Town of Lansing , Marcia Lynch , is
the owner of property located at 40 Teeter Road in the Town of
L ansing located within the boundaries of the proposed Water
D istrict No . 12 of the Town of Lansing where she has constructed a
residence ; and
WHEREAS , this home was constructed in anticipation of being
h ooked up to the public water supply and , therefore , there has been
n o provision made for construction of a well or other supply of
w ater ; and
WHEREAS , the lack of a public water supply prevents the use of
the above - mentioned property which is otherwise ready for occupancy
and therefore creates a hardship ; and
WHEREAS , a water district encompassing the above - mentioned
property has been formed as Water District No . 12 of the Town of
L ansing and has been approved by the Lansing Town Board as such and
n o permissive referendum was requested ; and
WHEREAS ; the Final Engineering Report for the proposed Water
D istrict No . 12 of the Town of Lansing includes installation of an
8 inch ductile water main on Teeter Road along the southerly
property line of the subject premises ; and
WHEREAS ; the proposed Water District No . 12 of the Town of
Lansing has been submitted to the New York State Department of
Audit and Control for final approval and all other legal
requirements for approval have been met ; and
WHEREAS , it is anticipated that such approval by New York
S tate shall be granted and the proposed water district is
sufficient to provide water service to the subject property ; and
WHEREAS ; the Town Engineer has indicated that construction of
a portion of the proposed Water District No . 12 of the Town of
L ansing , particularly , an 8 inch ductile pipe 175 feet in length on
Teeter Road along the southerly property line of the subject
premises would allow connection of the subject property to the
public water supply of the Town of Lansing at a cost not to exceed
$ 14 , 000 . 00 including construction , engineering , legal and
contingency expenses ; and
WHEREAS ; once final approval from New York State Department of
Audit and Control is granted , the Town of Lansing anticipates
funding the construction of Water District No . 12 of the Town of
L ansing through the issuance of serial bonds in the approximate
amount of $ 92 , 400 . 00 ; and
WHEREAS , the proposed Water District no . 12 has an operations
227
continued March 17 , 1993
and maintenance account which is currently funded and has
sufficient monies in the operations and maintenance account for its
portion of the cost of said construction to pay for the
installation of an 8 inch ductile pipe to connect the subject
property to the public water supply of the Town of Lansing ; and
WHEREAS , the financing of this project will provide sufficient
funds to reimburse the operations and maintenance account for the
® amount expanded at this time to construct
Water foot
tpoctiN .
n of
the of
8 inch ductile water main of the prop
the Town of Lansing to connect the subject to the water system ; and
WHEREAS , the Lansing Town Highway Department has sufficient
experience , manpower andtime to complete the work necessary to
accomplish this emergency hookup to the public water supply of the
Town of Lansing ; therefore , it is
RESOLVED , that the Town of Lansing shall allow an emergency
h ook up to public water to the property located at 40 Teeter Road .
This temporary permit is granted pursuant to the Town Board ' s
d etermination that an emergency situation exists and shall continue
until such time as the subject premises may become part of a fully
approved Water District No . 12 of the Town of Lansing ; and
BE IT FURTHER RESOLVED , that the Town of Lansing Town Board
authorizes the expenditure of funds from the operations and
maintenance account of the proposed Water District . No . 12 of the
Town . of Lansing to be used to construct an 8 - inch ductile pipe
connecting . to subject property to the water main as specified by
the Town Engineer in an amount not to exceed - $ 14 ; 000 . 00 ; and
BE IT FURTHER RESOLVED , that any amount applied from the
® operations and maintenance account of Water District No . 12 in the
Town of Lansing shall be reimbursed to such account upon the
funding of Water District No . 12 through the issuance of serial
bonds , bond anticipation notes or any other means of financing ; and
BE IT FURTHER RESOLVED , that the Town Engineer is authorized
to prepare _ plans _ and supervise the construction of the portion of
Water District No . 12 necessary to accomplish this emergency hookup
to the public water supply of the Town of Lansingy and
BE IT FURTHER RESOLVED , that the Town of Lansing Highway
D epartment is authorized to construct the portion of Water District
N o . 12 necessary to accomplish this emergency hookup to the public
water supply of the Town of Lansing .
. Vote . of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Beckwith :
WHEREAS , the Town of Lansing has acquired a parcel of property
1111 in a transfer to the Town from the State of New York dated November
10 , 1992 ; and
WHEREAS , Senator James L . Seward of the State of New York
Senate . and _ Assemblyman Martin A . Lusterof the New York State
Assembly have introduced Bill S . 2495 / A . 4084 to enact a law to
authorize the Town of Lansing to use the above - mentioned parcel of
property for any legitimate government purpose ; and
WHEREAS , the proposed legislation states as follows :
Section 1 . Notwithstanding the provisions of section 34 of
the public lands law , or any other inconsistent provision
22<.8
continued March 17 , 1993
of general , special or local law , and notwithstanding the
provisions of any deed covenant made with the State of New
York or and deed . restrictions imposed thereby to the contrary ,
the , Town of Lansing is hereby authorized to use for any
legitimate government purpose , and land conveyed by the office
- of general services to the town of Lansing , Tompkins County ,
- by deed executed on November 10 , 1992 .
Section 2 This act shall take effect immediately .
WHEREAS , enactment of the above - mentioned legislation requires
a request by the local municipality to the State Legislature ;
therefore , it is
RESOLVED , that the Town Supervisor of the Town of Lansing , be
authorized to execute a request to the New York State Legislature
for passage of the proposed legislation which has been introduced
by Senator James L . Seward and Assemblyman Martin A . Luster as Bill
S . 2495 / A . 4084 and the Town Supervisor is authorized to perform such
o ther acts as are necessary to facilitate passage of this
legislation .
✓ 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
Mr . and Mr . Otis approached the Board in regard to a problem
they are having with his mothers property on 84 Farrell Road . She
is being charged for 7 . 8 units for water . She has 640 feet of
frontage . They feel she is being over assessed as a lot of the land
is swamp and could not be built on . Mr . Herrick will look at this
and come back to the Board with his recommendation . Mrs . Kirby will
then get back to Mr . and Mrs . Otis .
1 . Building Lot # 22 in the Autumn Ridge Development has
received a Building Permit but should not have as it is beyond the
point where the road has been deeded to the Town . On a map that
Mr . Totman had , it seemed to indicate that the road continued
• around the bend but as it stand , Lot # 22 does not have any road
frontage and it does not meet the turn - around requirements . Mr .
L arson stated that himself and Mr . Herrick had drafted a letter
, with the footage information in it . Mr . Totman did not receive a
copy of this letter until last week .
Mr . Larson wanted to make sure the developers do not sell any
lots beyond this point until the drainage problem has been taken
care of and more of the road would need to be deeded over to the
Town .
Mr . Totman felt that the minutes should be clarified .
Rich John advised the Town Board to get the developer to deed
o ver another section of road to a point between lot number 22 and
lot number 23 . Mr . Tvaroha would also like the drainage problem
fixed before the developer was allowed to proceed any further .
It was the consensus of the Board to have Mr . John contact the
d eveloper and have him extend the road to a point so a TEMPORARY
turn - a - round could be established and a drainage correction made .
Mr . Totman will contact Mr . Cole and then contact the
Metzger ' s to let them know what has been discussed . •
Mr . Totman and Mr . John will then report back to the Board
w ith their findings .
Mr . Larson stated that Mr . Ward Hungerford is looking into the
spur on Buck Road and he will report back after Mr . Hungerford
contacts him .
Mr . Herrick reported the following to the Board :
1 . Water Improvements Project : Waiting for the weather to
Z2:9
continued March 17 , 1993
g et warmer so the tanks can be painted .
2 . Watch Tower Project : Mrs . Kirby has the long
environmental assessment form but it was NOT by resolution as
requested by the Town Board . Mr . Herrick recommended that the Town
should state that they would like more time to establish the lead
agency status of the long environmental assessment form . He also
stated that other " Involved Agencies " should get copies , especially
N . Y . S . D . E . C . for the on - site waste water system .
Mr . Herrick will analyze what impact this would have on the
® Town ' s water system . The possible need for another tank will also
be looked into .
3 . Burdick Hill Sister Tank : The Town will likely be asked
to participate in the East Hill Tank through the Bolton Point water
✓ ate . If the Town automatically participates then access to the
B urdick Hill storage tank would seem appropriate . This could happen
through East Shore Drive piping . The impact on the Town system will
be analyzed for serving South Lansing - westerly from the Burdick
H ill tank . This would benefit the Town by delaying the pump
✓ eplacement and giving the Town additional storage capacity for
e xpansion . There would be a minimal or no cost to make the piping
connection work as the piping already exists .
4 . Water District No . 7 Extension No . 7 : ( New York State
D ivision For Youth ) Mr . Herrick and Mrs . Bowman will meet on Friday
to fill out the vouchers to submit to the State for reimbursement .
5 . Water District No . 7 Extension No . 9 : ( North Myers Road )
L inda Vanapledoorn is mailing out information to the area residents
to get the process moving again . HUD has stressed the need for
w ell water sampling as the results are critical . Bolton Point would
provide the service for a fee of $ 15 . 00 per test which would be the
o wners responsibility . Mr . Herrick asked the Town Board to allow
additional tests to be made on about 10 of the samples . It was the
® consensus of the Board to have Mr . Herrick check with Agway and
B olton Point to get the best price per test performed .
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Cleveland :
RESOLVED that the Town Board does hereby authorize the Town
Engineer to expend up to $ 500 . 00 to have extended testing performed
on well water samples in the Myers area .
✓ 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
6 . Mr . Herrick asked again if the Town would like the County
P lanning Department to help with the HUD application process . Mrs .
K irby will check with the County in regard to the cost . Mr . Herrick
✓ ecommended the Town use the County if the rate turns out to be
less than T . G . Miller Associates . Mr . Herrick stated that the cost
to the Town would be around $ 1 , 500 . 00 if T . G . Miller ' s performs
the service .
7 . Water Main Extension to Milliken Station : Mr . Herrick
w ould like to get the feeling of the people in the Sperry Lane and
L ake Ridge area in regard to a water line with Milliken Station
included in their district . An informational meeting in regard to
® this will be held at the Lansing High School , Room 101 at 7 : 00 P . M .
o n the 5th day of April , 1993 . Mr . Herrick felt the cost to a
single family would be about $ 600 . 00 per year plus usage and
installation . It would be around $ 900 . 00 per year without Milliken
S tation .
8 . Mr . Herrick stated that he had a letter from Kim Block
that stated that existing structures in an agriculture district
could hook up to a water main but a subdivision could not until it
2xk ,
continued March 17 , 1993
w as out of theagriculture district . THIS WILL BE CONFIRMED WITH
THE DEPARTMENT OF AUDIT AND CONTROL .
9 . . Mr . Herrick felt that Cargill Inc . may be looking to
u tilize Town water for their site in the future .
10 . Water District No . 2 Extension No . 2 : ( Ladoga Park area )
Mr . Herrick distributed a draft engineers report . Mr . Herrick
stated that the construction conditions could be critical . Mr .
H errick also recommended that the Town obtain permanent easement as
soon as possible . The total cost for this project would be about
$ 125 , 000 . 00 . A 20 year bond at 6 1 / 2 o would be $ 438 . 00 per year
for a house and a lot . Mr . Cleveland will check with Bill Burin to
see if he would like to be added to the proposed district or if he
w ould rather wait to see what the out come of the HUD grant is .
11 . Bolton Point ' s responsibilities for water rates : Mr .
H errick stated that when the Town gets a quarterly bill from Bolton
P oint for the water , he would like to see the counting of how much
✓ evenues the Town is going to collect in the same quarter .
Mr . Larson had informed Mrs . Kirby that it was impossible for
the Highway Department to clean out around all the fire hydrants in
the Town . He felt this was a big problem that needed to be
addressed . Mr . Tvaroha suggested that the people be reminded
through the Town Newsletter early next year that they should keep
their own hydrants cleaned out during a snow storm . This will be
discussed again at a later date .
Mr . Totman handed out his monthly report and stated that they
w ere down $ 38 , 000 . 00 from last year . He stated that Transonic and
S pecialty Testing will be adding on to their existing buildings in
the near future .
1110 Mr . Totman stated that Barden Homes has signed a contract to
e rect a 40 ' x 60 ' building on Searles Road for a car and body shop .
The directory is in the computers but not accessible at this
time .
In regard to the fence on Mr . Emnett ' s property , Mr . Totman
w ill make a decision on the definition of opaque . He felt that the
solid wood is opaque but that the top and bottom of the fence is
n ot . He will inform Mr . Pace that if the plastic blows down , he
w ill have to fix the top and bottom and not the center .
In regard to the Ivan Robinson situation , Mr . Totman passed
o ut a letter addressed to Councilman Cleveland from Phil Munson Jr .
Mr . Munson would like to set up an on going staging area in a small
field on his property which is about fifteen hundred feet from the
n earest house . In order for a car to be brought into the staging
area , all coolant , gasoline and oil must be removed first . After
100 cars were collected , they would be sent to the shredders . Mr .
Munson feels this would serve as an incentive for Lansing residents
to clean up their old , unwanted vehicles . It was the consensus of
the Board to have the site looked at to see exactly how secluded it
is before anything further is done . Mr . Totman suggested that the
Town Board have Mr . Thaler draw up a contract between Mr . Munson ,
Mr . Robinson and the Town of Lansing . He also suggested an ad be
placed in the newsletter as Mr . Munson is willing to pick up cars
free of charge .
Mr . Robinson showed up for his court date last Wednesday but
w as given a thirty ( 30 ) day extension .
The American Disabilities Act was discussed . It was the
consensus of the Board to form a committee with at least one Board
Member on it . The committee will get input from the Town Attorney
as to low cost feasible solutions then the committee will report
231
continued March 17 , 1993
back to the Town Board . The committee will have to understand that
this is a State mandate . It was suggested that Mr . Butler may want
to be on this committee . He will be asked when he returns .
Mr . Kallfeltz of Bean Hill Lane has contacted Mr . Totman and
would like Mr . Totman to remove Mr . Pace ' s sign that is
111 periodically placed on North Triphammer Road advertising the Gulf
Range and Pro Shop . Mr . Totman stated that he will talk to Mr . Pace
and ask him to move his sign to a different location . Mr . Cleveland
stated that if they are in violation , they should be taken care of .
It was the consensus of the Board to take care of these as
complaints are made .
Mr . Cleveland stated that Mr . Mahool had contacted him stating
that he was ready to get on with the turn - a - round once he knew what
side of the Weiner ' s property to put it on . As soon as Mr .
Cleveland hears back from the Weiner ' s he will get back in touch
with Mr . Mahool .
In regard to Cornell transporting their fly ash to Milliken
S tation , the following was discussed : Mr . Beckwith stated that Mr .
Southard will check with Cornell shipping it directly to
P ennsylvania . Mr . Beckwith stated that it could be sent to
P ennsylvania from Milliken but that there would have to be a
contract . This would involve about 3 , 000 ton a year . Cornell would
like Milliken to take over the responsibility of handling it for
them . Rich John did not think the Town needed to take any kind of
action at this time . Mr . Beckwith will look into this matter
further and report back to the Board . Mr . Tvaroha stated that it
d id not fall under our regulatory authority .
illIn the matter of the establishment of Extension No . 9 of Water
D istrict No . 7 in the Town of Lansing , the following resolution was
d iscussed and duly passed upon motion being made by Mr . Cleveland
and seconded by Mr . Beckwith :
BE IT RESOLVED , that a public hearing be had at Room 101 of
the Lansing High School on April 28 , 1993 at 7 : 00 P . M . for the
purpose of discussing with all interested parties the establishment
of Extension 9 of Water District 7 in the Town of Lansing ; and
BE IT FURTHER RESOLVED , that notice of said public hearing
shall be published in the Ithaca Journal not more than twenty ( 20 )
d ays nor less than ten ( 10 ) days prior to the date of said hearing .
✓ ote of Town Board . . . ( Aye ) 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
AUDIT RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Tvaroha :
RESOLVED , that the bookkeeper is hereby authorized to pay the
following bills :
G eneral Fund 107 - 147 $ 19 , 381 . 18
Highway Fund 74 - 109 $ 46 , 637 . 00
L ans . Wr . Dists . 13 - 20 $ 2 , 009 . 50
L ansing Agency & Trust 29 $ 5 , 008 . 00
Wr . Sys . Imp . Projects 11 - 12 $ 111 , 657 . 33
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote of Town Board . . . ( Aye ) Larry Tvaroha , Councilman
✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
A copy of the minutes of February 17 , 1993 , 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 .
23 '
continued March 17 , 1993
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
Tvaroha :
RESOLVED , that the minutes of February 17 , 1993 are hereby
approved as submitted .
Carried .
RESOLUTION , offered by Mr . Beckwith and seconded by Mr .
Cleveland :
RESOLVED , that the Town Board does hereby authorize the
S upervisor to sign up the State Land , now owned by the Town of
L ansing , ( 62 acres ) for the set - a - side program for a one year
period .
✓ 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
It was the consensus of the Board to authorize the Supervisor
to write a letter to the Ithaca Journal commending the Lansing
H ighway Department on a fine job during the snow storm . Mrs . Kirby
stated that Tom Todd would like his name signed to the letter also .
RESOLUTION offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
RESOLVED , that the Town Board does hereby declare the approval
of the negative declaration for Lansing Water Systems
Improvements Project .
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
On motion ; meeting adjourned at the call of the Supervisor
at 10 : 26 P . M .
a