HomeMy WebLinkAbout1993-08-18 TB 295
August 18 , 1993
The Lansing Town Board met in Regular Session at the Lansing
Town Hall Board Room at 8 : 00 P . M . on August 18 , 1993 with
S upervisor 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
B onita Boles Town Clerk Absent
D ebbie Crandall Deputy Town Clerk Present
Richard John Attorney Present
VISITORS : Pete Larson , Sharon Bowman , George Totman , Paul
Welch , Mr . Leonard , John Hicks , Mr . & Mrs . Countryman ( 8 : 40 pm ) ,
D avid Herrick ( 8 : 50 pm ) .
The Supervisor called the meeting to order and had the clerk
- - take the Roll Call .
Paul Welch approached the Board in regard to reinstating the
Ambulance service in the Town of Lansing . Mr . Welch gave the
following informational update :
P roposed : An independent volunteer organization in the form of a
non - profit corporation .
O ffers : Larger membership potential . Greater degree of self
support . Two ambulance services in compliment as opposed to a
single service . Contractual capabilities - will allow town
g overnment to have an interest in , a good working relationship with
and the support of the ambulance service .
® Current status : Taking the required steps in the New York State
D epartment of Health Article 30 certificate of need process .
Following this process allows total involvement and the outcome to
be understandable .
Mr . Welch passed out an outline of Article 30 determination of
n eed process and the items of required information in preparation .
Mr . Welch stated that the Lansing Ambulance Corporation
Committee intentions are to pursue the public application to the
N ew York State Department of Health . At this time they are in the
process of sending out the letter of solicitation which will
include - a general description of the new service , the type and
level of service to be provided , the definition of public need and
a request for response by a specified date . Said letter to be sent
o ut within 10 days of which the Town Board will be copied . After a
q uestion and answering period, Mr . Welch stated that he would like
the Board ' s support as a whole and individually .
Pete Larson , Highway Superintendent reported - on the following :
1 . Mr . Larson presented the Board with the construction agreement
o n Hickory Knoll . After some discussion the following resolution
w as adopted .
RESOLUTION
At a regular meeting of the Town Board held in and for the
Town of Lansing on the 13th day of August , 1993 , at the Town Hall ,
the following Resolution was duly made by Mr . Tvaroha and seconded
by Mr . Beckwith .
BE IT FURTHER RESOLVED that the Town Board authorizes
S upervisor , Mrs . Kirby to sign said agreement .
Z9. 6
August 18 , 1993 , continued
CONSTRUCTION AGREEMENT
Made this 18th day of August , 1993 , BETWEEN
JOHN HICKS AND SYLVIA DORSCHELL ( FORMERLY HICKS ) , thereafter
H icks ) owners of property known as Hickory Knoll , Ithaca , New York ;
and
TOWN OF LANSING , ( thereafter Lansing ) owners of the road known
as Murfield Drive , Town of Lansing , New York ;
WHEREAS , Hicks conveyed title to Lansing of the road known as
Murfield Drive by Deed dated June 19 , 1991 , which deed was recorded 1 1
in the Office of the Clerk of Tompkins County ; and '
i
WHEREAS , Hicks signed an agreement with Lansing dated April 5 ,
1991 , providing in part that : " The Developer shall maintain the
roads until such time as the roads are finally accepted by the Town
as dedicated roads . The Developer shall give the Town a one ( 1 )
year guarantee of workmanship and materials for the roads from the
d ate of dedication ; " and
WHEREAS , Lansing claims that certain repairs are required
pursuant to the guarantee ; and
WHEREAS , Lansing , by Resolution of the Town Board dated July
21 , 1993 , to withhold further building permits for Hickory Knoll
d evelopment until such time as said repairs are made ; and
WHEREAS , the parties are willing to resolve the issue of
repairs without litigation between the parties and / or against third
party suppliers of materials for said road ;
IT IS THEREFORE AGREED that Hicks or Hicks ' representative
w ill do the following :
( 1 ) Scarify the road for its full width ( 28 feet minimum ) and
its full length , including the Turn - around , to a depth of 6 inches ; III
( 2 ) Blade mix with a grader all the material torn up by ( 1 )
above , and blend in all old stone and oil and the limestone that
w as hauled in by Lansing during winter months preceding this
agreement . Hicks agrees to break up the stone mixed with oil to
n ot more than 1 1 / 2 inches , stone with oil to be broken up to no
larger than 1 1 / 2 inches in diameter ;
( 3 ) Dig out any soft spots found and replace material , or in
the alternative to put down fabric at the depth of 18 inches ;
( 4 ) Shape road adhering to Lansing specifications for cross
slopes for roads and shoulders ;
( 5 ) Roll road with vibratory roller large enough to get full
depth compaction ; The Town Highway Superintendent to watch final
✓ olling to be sure that no movement is observed ;
( 6 ) Layon road GTF - 200 Exxon or other approved fabric at
least 24 feet wide ;
( 7 ) : Put down minimum of 6 inches of crushed limestone over
complete road , including shoulders .
( 8 ) Shape road with grader blending in existing driveways to
height of road ;
( 9 ) Roll complete road with vibratory roller until no
movement is observed in material by Lansing Highway Superintendent ;
( 10 ) Complete items ( 1 ) through ( 9 ) above by September 1 ,
1993 , unless all parties agree to a later completion date .
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August 18 , 1993 , continued
IT IS FURTHER AGREED that Lansing will do the following :
( 1 ) Hire an inspector prior to onset of work to verify
compliance with this agreement ;
( 2 ) Upon completion of the work above , on or before September
1 , 1993 , or upon any subsequent date agreed to by the parties ,
apply a coat of # 1 stone and oil and apply a second coat of # 1
stone and oil ( to be done in September 1993 , if Town has the money
available to do so ; if money not available , to be done in or by
June 1994 ) ;
( 3 ) Provide all stone and oil required for step ( 2 ) immediately
above .
IT IS FURTHER AGREED that prior to onset of work , Hicks will
meet with the Town of Lansing Highway Superintendent , and the
grader operator to review the work to be completed pursuant to this
agreement ; and
THAT Hicks will give a one ( 1 ) year guarantee on the road as
to soft spots to begin from the date of the final rolling of
limestone as provided in number ( 9 ) above ; and
That upon the completion of number ( 9 ) above , Lansing will
lift its ban against issuance of building permits and will take all
n ecessary steps to do so without delay ; and
That the approval of the Highway Superintendent as required in
n umber ( 9 ) above shall constitute acceptance of the road repairs
pursuant to this agreement .
This agreement shall insure to and be binding upon the
successors and assigns of the parties .
® Vote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote of Town Board . . . ( Aye ) Paul Butler , 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
2 . Mr . Larson stated that the County is still perusing the speed
reduction on Peruville Road to 45 mph .
3 . The Board discussed the State closing Route 34 from Asbury Road
south to Waterwagon Road beginning in the Spring of 1995 . This is
in order to replace the Gulf Creek Bridge .
4 . The flashing lights at the School are in place and are awaiting
e lectrical inspection . Research has been done on who will pay the
bill . Andrea Price will recommend to the. School Board that the
cost of operating the lights will be a school charge .
5 . The Myers Walk Bridge will be done by the end of next week .
Mr . Larson would like to take the remainder of the 2 ' x4 ' s that are
left and put them in the auction .
6 . Mr . Larson discussed the drainage outlet end problem in the
H illcrest area . Mr . Varga will be doing the work at a cost of less
than $ 1 , 000 . 00 within the next two weeks .
411111 7 . The Board discussed the Myers Road surplus property . Mr .
Tvaroha asked if it would be possible to mow the property . Mr .
L arson said he could grade it off and mow it within the next couple
w eeks . The Board further discussed selling the abandoned land at
a sealed bid auction .
Kim Countryman , resident on Myers Road , addressed the Board
concerning the petition that she submitted to the Board in 1991
requesting that the speed limit on Myers Road be reduced from 35mph
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August 18 , 1993 , continued
to 25 mph . She also submitted a new petition requesting that steps
be taken to correct the dangerous traffic situation on Myers Road
and Highway 34B .
Mrs . Countryman has met with the DOT and they have done a
road study on Myers Road . She presented the Board with a Speed
Zone Examination Data Sheet that was done by Raymond McDougall .
Mr . McDougall ' s recommendation was to lower the speed limit on
Myers Road to 25mph . Mr . McDougall said that Mrs . Countryman
needed a resolution from the Town Board .
Mrs . Countryman asked what happened to her petition ? Mrs .
K irby responded that back in 1991 the Board at that time felt the
35mph speed limit was sufficient and installed Children at Play
signs .
Mr . Larson has talked with Mr . McDougall and he stated to Mr .
L arson that he thought it should be lowered to 25mph due to the
loss of Myers Bridge creating more traffic on Myers Road to Myers
P ark .
After further discussion at the direction of Town Attorney ,
Rich John , the Board asked Mrs . Countryman to bring in a new
updated petition from the residents of the Myers Road to ask for a
speed reduction from 35 mph to 25 mph .
RESOLUTION
At a special meeting of the Town Board held in and for the
Town of Lansing on the 18th day of August , 1993 , at the Town Hall ,
the following Resolution was duly made by Herbert Beckwith and
seconded by Paul Butler , and the vote recorded as follows :
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote 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
WHEREAS , the Town has completed an improvement project to •
Myers Road which realigned its route ; and
WHEREAS , part of the former Myers Road is still used as a Town
road ; and
WHEREAS , the realignment of Myers Road has created confusion
in that both the former and present Myers Road use the same name ;
therefore , it is ,
ORDERED , that the former section of Myers Road running from
the intersection with the present Myers Road running thence
southerly and then in an easterly direction to a metal barrier
along the course of the former Myers Road shall be henceforth named
and know as " Old Myers Road " .
Dave Herrick , Town Engineer reported on the following :
1 . The referendum will be up on August 28 , 1993 for the Water
D istrict # 17 and District # 17 , Extension # 1 . At that time the
application can be sent to the Comptrollers Office . Dave asked the
B oard when they wanted the design process to begin ? The Board
d ecided to wait until the September 1st meeting to make a
d ecision . Mr . Herrick also brought it up for the Boards
consideration on how they want to handle the Engineering Services .
Mr . Herrick also has the SEQR forms for both districts . III
2 . There will be an informational meeting for the Fiddlers Green
area residents on August 30 , 1993 .
3 . Mr . Herrick has targeted 6 different parcels of properties that
can be considered for the Tank & Tower in the Water District # 17 .
Mrs . Kirby will work with Dave Herrick in contacting the owners of
the properties .
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August 18 , 1993 , continued
4 . The Water System Improvements Project should be completed by
S eptember 1 , 1993 . The amount is considerably below what was
budgeted . Mrs . Kirby asked about the Village of Lansing ? Mr .
Herrick said the Village of Lansing has not been finalized yet .
Mrs . Kirby said that this should get done and set an appointment
w ith Ted Wixom , Mayor of the Village .
5 . The Board and Mr . Herrick discussed the Bean Hill Drainage
problem . Mr . Herrick stated that he would donate his time and
draft a letter to the Mr . Updike outlining the steps that need to
410 be taken and the possible funding involved .
George Totman , Code Enforcement Officer reported on the
following :
1 . Mr . Totman presented his monthly report .
2 . Mr . Totman is still working on 6 different properties regarding
Junk Cars .
3 . A trailer has been installed on the Delaney property in North
L ansing without a permit . Mr . Totman has contacted the Tompkins
County Health Department and they have given them until August 20 ,
1993 . After that date the Health Department will take action on
them .
4 . A trailer has been moved in on Sharpsteen Road , ( Wade Nalley )
w ithout a permit . Mr . Totman has sent him a letter requesting he
o btain a permit .
5 . Mr . Totman and Mr . Burke have met with Welch Transportation
Company in regards to the Portland Point property . They are
proposing to bring in barges of 1500 to 2400 tons of limestone from
O swego , NY . via Barge Canal to Portland Point . The limestone will
be unloaded and stockpiled on the ground using either a clamshell
® bucket or excavator and belt conveyers . The : limestone _ will then be
loaded into trucks and transported by highway to Milliken Station
and unloaded for use in the Advanced Flue Gas Desulfurization
S ystem ( AFGD ) . Synthetic Gypsum generated by the AFGD will be
loaded in to the trucks at Milliken and transported. to. Portland
P oint , unloaded and either stored in the warehouse building or
loaded onto the barge . They have checked with the - Army Corp of
Engineers and the DEC . They met with George to see what would be
required from the Town . Mr . Totman stated that they would need a
building permit for the repairs and modifications for a portable
o ffice .
6 . Mr . Totman discussed the Breed Road dumping . The people of the
E nvironmental Conservation contacted him stating that there was
d umping being done on Breed Road . Mr . Totman looked up this
property and found that this was County property , not Town
property .
Rich John informed the Board that his office was still working
o n the Sexual Harassment Policy .
The Board discussed the latest figures from the County Sales
Tax .
Rich John informed the Board that his office his still waiting
for the formal description in regards to the turn around on
Smugglers Path Road .
RESOLUTION , offered by Mr . Tvaroha who moved its adoption ,
seconded by Mr . Butler .
RESOLVED that the Town Board of the Town of Lansing does
h ereby accept the letter of resignation of Grace Haney from the
L ansing Planning Board . The Board will also send her a letter
thanking her for her services from January 1 , 1992 to July 24 ,
1993 . Carried .
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August 18 , 1993 , continued
AUDIT RESOLUTION , offered by Mr . Cleveland who moved its
adoption , seconded by Mr . Beckwith :
RESOLVED , that the bookkeeper is hereby authorized to pay the
following bills with the exception of voucher # 312 to Empire Soils
in the amount of $ 624 . 00 . The attorney ' s office will write a
letter to Empire Soils concerning this bill .
G eneral Fund 436 - 503 $ 74 , 674 . 41
Highway Fund 299 - 335 $ 227 , 607 . 32
L ansing Water Dists . 46 - 49 $ 835 . 73
Wr . Systs . Imp . Project 23 - 24 $ 417 . 63 ____
( transfer from Savings to Checking 02 - 101 - 105282 , 01 - 101 -
105282 )
L ansing Lighting District 8 $ , 1 , 123 . 43
✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman
Vote 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 discussed the recycling bills with the Board . The
Town has received a bill for 25 Auburn Road for $ 52 . 00 , Lansing
P ark , $ 45 . 70 and Lansing Town Water District One but the parcel
n umber indicates it is the Lansing Highway Department , $ 2 , 096 . 00 .
Mrs . Kirby called the Village of Lansing and they did not receive
o ne for their Highway Department . It was the consensus of the
B oard to contest the bill in the amount of $ 2 , 096 . 00 .
RESOLUTION offered by Mr . Cleveland who moved its adoption ,
seconded by Mr . Beckwith :
RESOLVED , that the bookkeeper is hereby authorized and
directed to make the following budget modification at the request
o f the Highway Superintendent , Pete Larson .
Transfer - $ 25 , 000 . 00 from Highway Fund DB9901 . 900 to
Improvements DB5112 . 400 . 98 .
✓ ote of ' Town Board . . . ( Aye ) Herbert Beckwith , Councilman
✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman
✓ ote 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 . Butler :
RESOLVED , that the Regular Meeting be adjourned to go into
Executive Session at 10 : 45 p . m .
Carried .
RESOLUTION , offered by Mr . Butler who moved its adoption ,
seconded by Mr . Cleveland :
RESOLVED that the Executive Session by terminated and the
Regular Meeting be reconvened at 11 : 12 p . m .
On motion , Meeting adjourned at the call of the Supervisor at
11 : 15 p . m .
Minutes taken and prepared by the Deputy Town Clerk .
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