HomeMy WebLinkAbout1993-05-19 TB . 2449
MAY 19 , 1993
The Lansing Town Board met in Regular Session at the Lansing
Town Hall Board Room at 8 : 00 P . M . on May 19 , 1993 with Supervisor
Kirby presiding .
ROLL CALL
Jeannine Kirby Supervisor Present
H erbert Beckwith Councilman Present
P aul Butler Councilman Present
Jeffrey Cleveland Councilman Present
® Larry Tvaroha Councilman Present
® Bonita Boles Town Clerk Present
Richard Thaler Town Attorney Present
VISITORS : George Totman , Peter Larson , David Herrick , Jerry
Thorton , and another Cargill representative and two other people .
The Supervisor called the meeting to order and had the clerk
take the Roll Call .
Mr . Jerry Thorton , General Manager of Cargill Salt , Inc .
approached the Town Board asking them to allow the Town Engineer to
prepare a feasibility study to extend the water line to Cargill
S alt . He also asked the Town Board to finance the extension and
Cargill would pay it back over time . Mr . Thorton felt the business
w ould use approximately 4 1 / 2 million gallons per year . Mr . Thaler
asked if Cargill would undertake reimbursement of the Engineers
study and Mr . Thorton said they would reimburse the Town for the
study . Mr . Thorton stated that Cargill would like to be
✓ esponsible for the installation of the pipe from Ridge Road to
Cargill . Mr . Thaler stated that the Town would HAVE to put in the
pipe if it were to be bonded .
RESOLUTION offered by Mr . Tvaroha and seconded by Mr .
fil Beckwith :
RESOLVED , that the Town Board of the Town of Lansing does
h ereby _ authorize the Town Engineer to prepare a feasibility study
w ith the understanding that the cost is to be under written by
Cargill Salt , Inc . but if the Town then decides to Bond , the cost
o f _ the _ study . be included in the bond cost . '
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
Mr . Larson , Highway Superintendent reported the following :
1 . Chelsea ' s Walk : there is a problem as to when or if this
w as dedicated to the Town of Lansing . After some discussion the
following resolution was offered :
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
Beckwith :
RESOLVED , that Chelsea ' s Walk be accepted as a Town Road as of
the date of recording of the legal documents ( April 28 , 1993 )
and
BE IT FURTHER RESOLVED , that the one year warranty to the Town
w ill begin April 28 , 1993 also .
} 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
2 . Mr . Larson stated. that Mr . Hicks is not repairing
Murfield Drive as he should be doing . It was his suggestion that
the Town make the required repairs and charge them back to Mr .
Hicks or take him to court . Mr . Thaler stated that Mr . Hicks
x' 50
continued May 19 , 1993
h ad already been put on notice . It was the consensus of the Board
to authorize Mr . Larson to begin repairs on June 15 , 1993 if Mr .
H icks does not have them done by then . Mr . Thaler will look into
the possibility of holding up building permits in this area until
the Town is reimbursed for any work that is done by the Town .
3 . Mr . Larson has the bid specifications written for the
roof repairs at the Highway Garage . He will send these out and
inform all bidders that if they intend to bid , they will have to
attend a pre - bid meeting . Said bids will be opened on June 16 ,
1993 .
4 . Flood Debris : The Highway department has been hauling out
debris from the flood . They have hauled about 400 tons thus far and
will keep hauling on rainy days . Mr . Larson has applied for a
burning permit .
5 . The Highway department started working on the Teeter
Road water line extension but ran into solid rock . Mr . Ottenschot
is now breaking out the rock and by the middle of next week , the
line should be buried .
6 . Mr . Larson recommended that Mr . James Anderson ' s pay be
increased from $ 5 . 75 per hour to $ 6 . 25 per hour .
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Cleveland :
RESOLVED that on recommendation from the Highway
Superintendent , Mr . James Anderson ' s pay is hereby increased from
$ 5 . 75 per hour to $ 6 . 25 per hour .
✓ ote 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
Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
7 . Extension of Smuggler ' s Path : Mr . Cleveland , Mr . Larson ,
Mr . Mahool and Mr . Tallman met in regard to this . Mr . Mahool and
Mr . Tallman are waiting to make the connection until they are able
to also make the turn around at the same time . As far as Mrs . Kim ' s
part , Mr . Larson felt they may start on the water line next week .
Mr . Herrick , the Town Engineer , reported the following to the
B oard :
1 . Donald Enichen ' s water service : Mr . Herrick stated that
h e had received the blank work permits from the New York State
D epartment of Transportation . This is to replace the existing 1 / 2 "
g alvanized line at 1193 East Shore Drive . ( McKinney ' s Water
D istrict ) . Bolton Point noticed a leak in the line somewhere
between the right - of - way and the water main . This house has the
w inter freeze credit . Mr . Herrick felt this was a difficult
situation . Mr . Thaler felt it was difficult to recommend that the
Town pay some of the expenses but agreed it was a unique situation .
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Cleveland :
RESOLVED , that the Town Board does hereby agree to pay for the
g alvanized line up to Mr . Enichen ' s property line to the middle of
the creek on the basis that this is a unique situation and
BE IT FURTHER RESOLVED , that the total expense to the Town
w ill not exceed $ 1 , 500 . 00 ( about one third of the total cost ) less
e xpenses for the New York State Highway permit .
025/
continued May 19 , 1993
✓ ote 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
2 . Water No . 17 : It was the consensus of the Board that
all they should sit down with New York State Electric and Gas and
discuss the proposed district and the results from the surveys
before spending any more time or money on the proposed project . Mr .
Thaler stated that he felt the Town should seek relief from
N . Y . S . E . and Gas for expenses incurred by this project . Mr .
B eckwith will have a representative from N . Y . S . E . and Gas contact
Mrs . Kirby to set up an appointment with the Town Board hopefully
for the June 9 , 1993 meeting .
3 . Water Systems Improvement Project : All work should be
completed by the end of May , 1993 . Pittsburgh Tank and Tower are
75 % complete . Both tanks should be on line by July .
4 . Sewer : ( Klein Road bypass service area ) The engineering
on this is pretty much completed . Mr . Herrick will need
e ndorsement form the Town but he would like to review everything on
o r before June 16 , 1993 .
5 . Operation and Maintenance agreement between the Town and
the Village of Lansing : Mr . Herrick will review it and give the
Board a formal draft next week .
6 . Mr . Herrick stated that Mr . Pinney has not yet started
the work in the Lake Watch Development . He told Mr . Larson that he
would start as soon as his road in Fiddlers Green was completed .
111 Mr . Larson asked him to repair the pot holes at the top of the
✓ oad . Mr . Larson stated that it was in writing that Mr . Pinney
w ould have the work started after May 1st and completed no later
than the end of July , 1993 . It was the consensus of the Board to
h ave Mr . Thaler send a letter to Mr . Pinney asking him about the
start up and ending dates for the repairs and also the letter of
credit .
Mr . Totman passed out his monthly report and informed the
B oard of the following :
1 . Mr . Earl Neigh has asked permission to have his mobile
h ome park license changed from five units to three .
RESOLUTION offered by Mr . Cleveland and seconded by Mr .
B eckwith :
RESOLVED , that upon receipt of a letter from Mr . Earl Neigh ,
the Town Board does hereby authorize Mr . Totman to change his
Mobile Home Park license from five ( 5 ) units to three ( 3 ) .
✓ ote 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
Vote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor
2 . The Robinson Case : Mr . Totman was notified that all the
cars , except for two , have been removed . The last two will be
removed as soon as the weather permits .
3 . Mr . Coles never picked up his registered letter in regard
to his trailer park . Mr . Totman stated that it was cleaned up on
May 17 , 1993 .
4 . Mr . Totman stated that. the Algerine Road Trailer Park was
starting to look bad again . He will send the owner a letter and
z5z
continued May 19 , 1993
inform him of the lots that are in violation of the ordinance .
5 . Mr . Totman asked the Board if it was now all right to
issue Building Permits for Chelsea ' s Walk . Mr . Thaler informed him
that it IS all right to give out the permits .
6 . Mr . Totman stated that he attended an OSHA meeting today . 1110 He felt that OSHA wanted the Building Inspectors to tell them when
they found things that were wrong so OSHA could induce fines .
A discussion was held in regard to the sale of the Town owned
land in Myers . Mr . Thaler will check to see if it has been surveyed
or not . If it has not , Mr . Thaler wants it surveyed before we have -
a Public Hearing to abandoned it . The cost of a survey if needed
and the cost of the appraisal will be rolled into the sale of the
land . Mrs . Kirby stated that it has been appraised at $ 27 , 000 . 00 .
RESOLUTION , offered by Mr . Beckwith and seconded by Mr .
Tvaroha :
RESOLVED , that the Town Board does hereby direct the Town
Clerk to amend the minutes of March 17 , 1993 to include the
negative declaration for Lansing Water System Improvements Project .
✓ ote 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
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
B utler :
110
RESOLVED , that the Town Board does hereby direct the Town
Clerk to amend the minutes of March 24 , 1993 to include the
approval of the negative declaration for Water District # 7 ,
E xtension # 10 .
✓ ote 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
Mr . Thaler stated he had reviewed a letter from Mr . Kevin
Kauffman of Bolton Point in regard to an alternate Commissioner .
Mr . Thaler had no problem with the criteria stated in , the letter .
H e stated that there was basically no pro ' s or con ' s by having an
alternate Commissioner or not . The Town Board felt it was in their
best interest not to pass a resolution in regard to this matter as
it was the consensus of the Board that they did not support it as
they felt it took the control away from the municipalities .
RESOLUTION , offered by Mr . Cleveland and seconded by Mr .
B utler :
RESOLVED , that the Town Board of the Town of Lansing does
11/0
hereby authorize the extension of the emergency for Flood Clean - up
from May 9 , 1993 to June 9 , 1993 .
✓ ote 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
A copy of the Minutes of March 24th ( as amended ) , April 7th ,
April 21st , April 28th and May 5th , 1993 having been furnished to
the Board Members beforehand , the Supervisor asked for a motion to
make correction or to accept the same as submitted .
2 5 '3y'
continued May 19 , 1993
RESOLUTION offered by Mr . Butler and seconded by Mr .
Cleveland :
RESOLVED , that the minutes of March 24th ( as amended ) , April
7th , April 21st , April 28th and May 5th , 1993 are hereby approved .
Carried
® Carried
Carried
Carried
Carried
AUDIT RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
RESOLVED , that the bookkeeper is hereby authorized and
directed to pay the following bills :
G eneral Fund 224 - 271 $ 25 , 789 . 93
H ighway Fund 161 - 207 $ 23 , 451 . 64
L ansing Water Districts 25 $ 2 , 779 . 35
W ater Imp . Systems 15 $ 1 , 940 . 28
L ans . Lighting Dists . 5 $ 1 , 113 . 50
L ansing Agency & Trust 49 $ 5 , 730 . 60
✓ ote 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
111/ Mrs . Kirby reminded the Board of a scheduled meeting with the
✓ epresentatives from the Watch Tower project that will be held May
26 , 1993 . Mr . Thaler stated that John Anderson from the Health
D epartment had no objections to the Town being the Lead Agent in
the proposed project . Mr . Anderson felt that because of the size of
the project , the Town may need to hire a consultant to do the
indepth study and that this cost should be part of the amount that
they will have to put up . This will be part of the SEQR process .
Mrs . Kirby will call the Syracuse D . E . C . Department and ask for
their input on the proposed project .
RESOLUTION , offered by Mr . Beckwith and seconded by Mr .
Cleveland :
B E IT RESOLVED , that the Town Board does hereby establish the
✓ ate of $ 1 . 00 per dog plus mileage of . 28 per mile for a dog
e numerator for an enumeration to take place in 1993 .
✓ ote 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
Mr . Tvaroha stated that he had a letter from Cheryl Nickel who
would like to set up work shops and training sessions for the Town
Board , Planning Board and others . She would like to know if the
Town Board would be interested in this . These meetings would entail
skills of how to run meetings , dealing with difficult situations ,
how to stick to agendas , etc . Mr . Tvaroha stated that Judy Saul
from the Dispute Resolution Center would be involved in the
training for these meetings . The cost is approximately $ 120 . 00 per
h our ( this includes materials ) .
RESOLUTION , offered by Mr . Butler and seconded by Mr .
Cleveland :
2 ,5.,.4c
continued May 19 , 1993
BE IT RESOLVED , that a Public Hearing be had on June 9 , 1993
at 8 : 00 P . M . at the Town Hall in the Town of Lansing , New York for
the purpose of amending Local Law No . 1 for the year 1988 entitled
A Local Law Regulating Solid Waste Management Facilities , as
amended on August 13 , 1992 , said further amendment to the law to be
in Section 8 therein and to provide as follows :
PROPOSED AMENDMENT TO LOCAL LAW NO . 1 FOR THE YEAR 1988
A local law regulating solid waste management facilities .
S ection 8 . Solid Waste originating outside Town .
N o person shall transport , import or bring into the Town , or
cause or permit to be transported , imported or brought into the
Town , or shall throw , dump , dispose or deposit in or on any private
o r public land in the Town , or cause or permit to be so thrown ,
dumped , disposed or deposited , any solid waste originated or
g enerated outside of the Town or from any source outside the Town .
N o person shall operate a solid waste management facility which
accepts or receives solid waste originating or generated outside of
the Town , except that upon written application to the Board by an
approved and licensed management facility as defined herein , the
Town Board may consider approving solid waste as defined in this
law to be brought into the Town and placed in the solid waste
management facility located in the Town if the Town Board is
satisfied after a public hearing held for that specific purpose
that the solid waste does not create a noxious environment , a
public nuisance to the area surrounding the solid waste facility
and that the solid waste facility is of sufficient capacity and has
the management to avoid creation of an environmental hazard or
d anger to the health and welfare of the Town ' s people or a decrease
in the value of land immediately surrounding the solid waste
management facility . The Town Board shall make a written finding
u pon proof given to it by the applicant that the granting of the
1111
exception to this Section does not injure the health , safety , and
w elfare of the residents of the Town .
AND BE IT FURTHER RESOLVED , that the Town Clerk is hereby
instructed to publish said public hearing for the meeting of June
9 , 1993 .
✓ ote 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
RESOLUTION , offered by Mr . Tvaroha and seconded by Mr .
B eckwith :
RESOLVED , that the Town does hereby appoint Mr . Paul Butler
as an alternate Commissioner to the Bolton Point Commission .
✓ ote 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
RESOLUTION offered by Mr . Beckwith and seconded by Mr .
Tvaroha :
RESOLVED , that the Regular Meeting be adjourned to go into
E xecutive Session at 10 : 10 P . M .
Carried
RESOLUTION , offered by Mr . Beckwith and seconded by Mr .
B utler :
RESOLVED , that the Executive Session be terminated and the
255
continued May 19 , 1993
Regular Meeting be reconvened at 10 : 29 P . M .
On motion , meeting adjourned at the call of the Supervisor .
,y4foL