HomeMy WebLinkAbout1993-04-21 TB 2398:
APRIL 21 , 1993
The Lansing Town Board met in Regular Session at the Lansing
Town Hall Board Room at 7 : 00 on April 21 , 1993 with Supervisor
Kirby presiding .
ROLL CALL
Jeannine Kirby Supervisor Present
H erbert Beckwith Councilman Absent
P aul Butler Councilman Present
Jeffrey Cleveland Councilman Present
41111 Larry Tvaroha Councilman Present
B onita Boles Town Clerk Present
Richard Thaler Town Attorney Present
✓ ISITORS : George Totman , Pete Larson , David Herrick , Mr . and
Mrs . William Bement , Paul Welch , George Schlecht , Phil Winn , Mrs .
Mack , Louis Leonard , Rick Coles , Steve Colt and two other Lansing
residents .
The Supervisor called the meeting to order and had the clerk
take the Roll Call .
P aul Welch approached the Board in regard to reinstating the
Ambulance service in the Town of Lansing . Mr . Welch stated that
there were two key components necessary for a successful
continuation :
1 . A group willing to accept the responsibility and
requirements of such an operation . This is a major commitment in
terms of time required to train and maintain all that is necessary .
Translated into salaries , it represents dollar value in the
thousands .
2 . New York State Health Department approval .
Mr . Welch asked the Town Board to think about the following
and then a meeting could be set up for further discussion :
® 1 . The degree of accountability the Town Board would prefer
from such an operation and extent of involvement desired .
- - 2 . The areas and amount of financial assistance available .
Mr . Welch also gave the Board the following to look over :
1 . Ambulance committee membership list
2 . Letter to NYS Health Department
3 . Suggested structural proposal and organizational charts .
4 . A copy of the General Municipal Law - Article 6 - Section
122 - b ( options - and flexibility available to a municipality for
providing Ambulance service )
Mr . Welch felt the cost would be less than 25 % of what a
professional service would charge .
Mrs . Louise Bement , Town Historian , asked the Board for their
approval for - her - to spend monies out of her budget to have the
L ansingville History book reprinted . She stated that . the Dewitt
H istorical Society would buy the first 100 copies . It was the
consensus of the Board to allow Mrs . Bement to spend the money
budgeted in her account in this manner . ( Price range of $ 1 , 242 . 00
to - $ 2 ; 200 . 00 ) .
Rick Coles approached the Board with the problems that have
4111 occurred in the Autumn Ridge subdivision . ( Lot 22 ) He stated the
following :
The easement that was prepared a year and a half ago is
inadequate . He would like to give the Town Board a letter for Mr .
L arson ' s • records - indicating that his concerns on any further
development in the Autumn Ridge subdivision in regards to drainage
problems would be addressed by Mr . Coles , Mr . Flummerfelt and Mr .
P aolangeli if necessary . Mr . Coles will apply for the variance to
o btain the easement correct . Mr . Coles also stated that the Town
w as to plow only to the dedicated line .
2 4-0,
continued April 21 , 1993
Mr . Coles will go in front of the BZA Board to have the
problem resolved .
Phil Winn and George Schlecht addressed the Board in regard to
the Kim subdivision . The following was discussed :
A house is being built on Lot 13 . The road is not yet
finished . It was proposed back in December of 1992 , that the
temporary Certificates of Occupancy would be issued upon issuance
of a letter of credit or completion of the road with permanent CO ' s
upon completion . Mr . Winn requested building permits for lots 13
and 14 . Mr . Larson has a problem with one area in the road . Mr .
Winn informed the Board that this problem will be taken care of as
soon as the weather permits . Mr . Totman stated that there is
special notation on the building permit for lot 13 that states a
permanent Certificate of Occupancy will NOT be issued until the
Town accepts the dedicated road or gives special permission .
It was the consensus of the Board that a letter of credit
should be posted . The amount of $ 51 , 900 . 00 was agreed upon for a
letter of credit .
RESOLUTION offered by Mr . Tvaroha and seconded by Mr .
Cleveland :
RESOLVED , that the Supervisor is hereby authorized and
directed to sign an agreement for a letter of credit in the amount
of $ 51 , 900 . 00 between Mrs . Kim and the Town of Lansing that
insures the completion of all required improvements until the road
is accepted by the Town of Lansing and ,
BE IT FURTHER RESOLVED , that if the road is COMPLETE , except
for the oiling and stoning , Mr . Totman will then be allowed to
issue a PERMANENT Certificate of Occupancy as long as the letter of
credit is in effect , but if it is NOT COMPLETE , he will only be
allowed to issue a TEMPORARY Certificate of Occupancy until
September 1 , 1993 pending the completion of the road .
✓ 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
Mr . Larson stated that himself and Mr . Herrick will need to
see something in writing in regard to a turn - a - round on Teeter Road
if one is necessary . Mr . Winn stated that Teeter Road and
Smuggler ' s Path WILL BE COMPLETED BY SEPTEMBER 1 , 1993 .
Mr . Larson showed a film of the Ladoga Point area and all of
the flooding that has occurred . After some discussion on how the
Town could help these people , the following resolution was offered :
RESOLUTION , offered by Mr . Butler and seconded by Mr .
Cleveland :
RESOLVED , that the Town Board does hereby authorize the
. Lansing Highway Department to make available , Town equipment ,
manpower , materials and labor time on an as needed basis from April
9 , 1993 to May 9 , 1993 to residents of the Town of Lansing that are
victims of the flood .
✓ 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
Mr . Larson stated that the flashing lights that are to be •
installed in front of the Lansing Schools have been ordered .
Tompkins County has passed a resolution to allow the Town
H ighway Department to build a pedestrian bridge across Salmon Creek
in Myers . Mrs . Kirby then signed the necessary papers involved in
this matter .
In regard to the matter of using the State Bid for the
purchase of salt , it was the consensus of the Board to authorize
Mr . Larson to put the salt up for bid after September 1 , 1993 and
N OT get involved with the State bidding .
✓ ext week the Highway Department will be installing the new
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continued April 21 , 1993
energy lights throughout the Town Hall .
Mr . Larson stated that the price of a new loader on the State
bid is $ 89 , 993 . 00 . There is now $ 47 , 009 . 00 left in the budget for
n ew equipment . Mr . Larson felt he would probably receive about
$ 34 , 000 . 00 for the used equipment but stated that there was no
g uarantee . Mr . LaVigne and Mr . Larson recommended that the Town go
w ith the State price and purchase a new loader . The Capital
E quipment Budget could be temporarily allocated to make the short
® fall . Capital cost will be reimbursed by long term bonding .
The crusher is going to an auction on May 15th and has been
appraised at $ 13 , 500 . 00 .
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
B utler :
RESOLVED , that the Town Board does hereby authorize and direct
Mr . Larson , on recommendation from the Town Auditor , to order a
Front End Loader on State bid and ,
BE IT FURTHER RESOLVED , that monies be borrowed from the
G eneral Fund A .
✓ 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
Mr . Larson received a letter from Mr . William Mobbs asking the
Town to take over Asbury Road but Mr . Larson is not in favor of
this . He may swap East Lansing Road at some point .
The annual spring outing with the Town Board and Mr . Larson
w as set for May 5th at 6 : 30 p . m . at the Highway Garage .
Mr . Thaler will look into Mr . Thusen ' s deed in regard to the
property on Buck Road and get back to the Board .
® Steve Colt , the Lansing Recreation Director , approached the
Town Board about replacing the mower that was sold in last years
auction . He will get some written quotations and get back to the
B oard .
The problem of people going through the Myers Park was
d iscussed . It was the consensus of the Board to block off the
entrance to the park until the Town felt it would be safe to enter .
Mr . Tvaroha will find out about the fishing tournament that is
scheduled for May 13 , 1993 and get back to Mr . Colt .
It was also suggested that the summer help that is normally
h ired . could . . be used in the Park for clean up .
Mr . Herrick , the Town Engineer , reported the following :
1 . Notice will be in the newsletter addressing the May 12th
meeting .
2 . The Ridge Road residents would pay the same amount as the
S perry Lane people if the water district goes through . The Town
B oard asked for a feasibility study to be done on the people in the
Fiddlers Green area . Mr . Herrick stated that this has already been
considered in his plan of the area .
3 . Mrs . Kirby suggested the actual costs be shown to the
people compared to the. projected figures . Mr . Herrick felt that the
' [ highest figures should be shown .. He Herrick also brought up the
q uestion that if there were a savings , who would: get it , the people
or New York State Electric and Gas ? Mr . Herrick will check into
the possibility of having holes in a benefit district .
4 . Mr . Cleveland was very concerned about the Sperry Lane
area if one or more people did not want to be included in the
d istrict . He felt it would be hard to explain to these people that
they would have to be included when the people on Ridge Road would
h ave a choice . Mr . Herrick will look into this .
j2-142
continued April 21 , 1993
5 . - The HUD analysis has been returned from Bolton Point .
This showed ground water contamination . It also showed that one of
the samples that showed chloroform serves ten homes . ( A total of 14
homes showed chloroform ) .
Mr . Herrick and Mr . Baida from the Myers Heights area
will get together and disconnect the Myers Heights water line at
the head of the chlorinator to get a true sample .
6 . Mr . Thaler stated that Mr . Frank Proto is going to write
a letter authorizing Mr . Thaler ' s Office to go ahead with the Legal
portion of his district extension .
7 . The painters have started on the inside of the water
tanks .
8 . Cargill has formally requested Bolton Point water . Mrs .
Kirby will invite them to a meeting to discuss this .
9 . Watch Tower SEQR : Mrs . Kirby has not heard back from a
lot of the people involved in this . Letters will be sent out to all
who have not been heard from . It was felt that the Watch Tower
should have to satisfy all the people with any problems in regard
to their project .
Mr . Herrick felt very strongly that the Town should stay
in front of the SEQR deadlines . Mr . Thaler will write to the Watch
Tower people tomorrow in regard to this .
10 . Marsha Lynch ' s designs are done and will be finalized
with Mr . Larson soon .
Mr . Totman , Code Enforcement Officer , reported the following
to the Board :
1 . Mr . Emnet comes in at least once a week and expects the
time frame to start immediately after he tells Mr . Totman of any
problems . Mr . Totman informed him that he will set the time frame
in which the problems have to be corrected and NOT Mr . Emnet . Mr .
Emnet told Mr . Cleveland that Mr . Totman was not going by the
agreement . Mr . Totman stated that the fence is legal at this time .
2 . The sign about the pro shop will not show up on North
Triphammer Road again . The car wash sign has also been removed .
3 . Dr . Brown ' s sign ( chiropractor on Auburn Road ) is not ten
feet from the road right - a - way . The Board questioned where the road
right - of - way is . Mr . Brown will go to the Zoning Board of Appeals
to straighten this out . If was felt by the Board that the Ordinance
may have to be changed in this regard .
4 . The reopening date of the Rogues Harbor under the name of
Kenneth Moss is June 3 , 1993 . This will be a bar and a restaurant .
5 . Mr . Totman discussed a letter that he sent to Gary Coles
about the trailer park he owns on Ridge Road . Mr . Totman stated
that he had not issued his license for 1993 . He stated that he was
holding his check . He stated there are many things wrong with the
park . Mr . Totman asked how soon everyone could be notified that
they would have to move out if the May 1st deadline could not be
met ? Mr . Thaler informed him that it could happen immediately . Mr .
Totman showed the Board pictures that he had taken of the trailer
park .
6 . In regard to Mr . Munson collecting junk cars , Mr . Totman
will contact Mr . Munson and ask him if he would like an ad placed
in the newsletter stating that if people have " dry " cars , they
could call him for information .
7 . Mr . Thaler stated that he had looked into every aspect
relating to Mr . Totman running for the County Board of
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continued April 21 , 1993
Tompkins County and still keeping his job as Code Enforcement
O fficer for the Town of Lansing . Mr . Thaler stated that there was
not a conflict of interest as the Code Enforcement Office is not an
E lected position .
8 . Mr . Totman stated that he would seriously like to look at
the sign ordinance as he felt is was unclear . Mr . Thaler
recommended that the Town look into a new Sign and Zoning
• Ordinance . It was felt this should happen very soon , and Mr .
Totman should make up some dead lines and follow them .
9 . N . Y . S . E . & Gas has given Mr . Totman $ 75 . 00 for three
temporary signs . Mr . Totman stated that the ordinance says that you
can only have one . Mr . Thaler informed Mr . Totman that he should
contact N . Y . S . E . & Gas and have them remove the signs and go in
front of the Board of Zoning Appeals to get a variance to rectify
the problem .
10 . As far as N . Y . S . E . & Gas bringing in Cornell ' s ash , Mr .
Thaler felt that N . Y . S . E . & Gas would have to make a formal
application and the Town Board would decide if they would grant
them a variance , and if so , the Town Board would have to decide
w hat the terms would be and also what the cost would be .
Mr . Thaler will make up a list for the Town Board to go
o ver at the next meeting .
Mrs . Kirby will invite them to the May 20th meeting .
Mr . Thaler ' s secretary will draft a letter to N . Y . S . E . &
G as and find out what the value of the contract is so then the Town
could charge a certain percentage of the contract fee .
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
B utler :
RESOLVED , that the Town Board does hereby appoint Jeannine
® Kirby , Larry Tvaroha and Tom Todd to the Local Advisory Board of
® Assessment Review .
✓ 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
Mrs . Kirby informed the Board Members that Grievance Day will
be held at the Town Annex on May 11 , 1993 from 3 : 00 P . M . to 6 : 00
P . M . and that she will check into what could be done for the people
in the Ladoga Park area as far as their assessments are concerned .
AUDIT RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Cleveland :
RESOLVED , that the bookkeeper is hereby authorized to pay the
following bills with the exception of a bill from the Water Systems
Improvement Account as there was no amount indicated on the bill .
G eneral Fund 164 - 211 $ 25 , 077 . 68
H ighway Fund 114 - 156 $ 147 , 227 . 82
L ansing Water Districts 21 - 23 $ 418 . 15
Water Systems Impr . 13 - 14 $ 1 , 042 . 85
Lansing Lighting 4 $ 1 , 115 . 19
The minutes of March 17 , 1993 having been furnished to the
B oard beforehand , the Supervisor asked for a motion to make
corrections or to accept the same as submitted .
RESOLUTION offered by Mr . Cleveland and seconded by Mr .
Tvaroha :
RESOLVED , that the minutes of March 17 , 1993 are hereby
approved as submitted .
Carried .
Mr . Thaler stated that he has heard from the Independent Board
o f Appeals in regard to OSHA ' s findings at the Town Annex and the
244
continued April 21 , 1993
Town Hall . The fine was reduced from $ 3 , 720 . 00 to $ 2 , 250 . 00 .
After some discussion , the following resolution was adopted .
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr . Butler :
RESOLVED , that the Town Board does hereby authorize Mr . Thaler
to spend the sum of $ 2 , 250 . 00 for fines incurred at the Town Annex
due to OSHA ' s findings .
✓ 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
On motion , meeting adjourned at the call of the Supervisor at
10 : 06 P . M .
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