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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 241 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 243 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 . 65V7