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HomeMy WebLinkAbout1992-03-18 33 MARCH 18, 1992 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board room on March 18, 1992 at 7:00 P.M. with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Absent Paul Butler Councilman Present • Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: George Totman, Code Enforcement Officer, Pete Larson, Highway Superintendent, Dave Herrick, Town Engineer ( 8:15 P.M. ) , Steve Colt, Recreation Director, Linda Hirvonen, Planning Board Representative. 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 would like to buy one - one ton truck with a plow and salt spreader instead of two pick-up trucks. It was the consensus of the Board to allow Mr. Larson to buy this from State bid not to exceed $25,000.00. 2. Mr. Larson asked the Board members what their feeling was concerning buying salt from the lowest bidder versus going with the State bid. Mr. Tvaroha felt we should buy it local if it is feasible. The Board will get back to Mr. Larson with their recommendation at the next meeting. • 3. The old fuel tank at the Highway Garage will be removed tomorrow. The Town will be charged $ 900.00 for cutting two holes in the tank and cleaning it out. The Town will also be charged $140.00 for each soil sample that will have to be taken. 4. The Senior Citizen Van has been delivered and Mr. Larson would like to have it lettered. Mr. Clinton Poole has given Mr. Larson a price of $30 .00 . If was the consensus of the Board to allow Mr. Larson to take the van to Mr. Poole for the lettering. Mr. Totman presented his monthly report and reported the following to the Board: 1. In regard to Mr. Fred Roger's problem with placing plastic pipe in his basement versus cast iron, Mr. Totman explained the correspondence that has taken place between Mr. Kauffman of Bolton Point and himself. Mr. Totman has also given Mr. Rogers copies of all the correspondence. Mr. Kauffman told Mr. Rogers he would turn the water on if plastic pipe was placed in his basement. The contractor's then went ahead and placed the plastic pipe in Mr. Rogers basement. 2. Mr. Totman stated that he would like to request the State • Code Division to change law number 904.05. The following resolution was then duly adopted. RESOLUTION offered by Mr. Cleveland and seconded by Mr. Tvaroha: WHEREAS, the Code Enforcement Officer for the Town of Lansing is responsible for conducting inspections of plumbing equipment and systems within the Town of Lansing to ensure the public's health and safety, and WHEREAS, The New York Code of Rules and Regulations, specifically Title 9, Subtitle "S" Housing and Community Renewal Part 904 specifies rules and regulations in regard to materials 34 continued March 18 , 1992 used in plumbing equipment and systems, and WHEREAS, Section 904. 5 which governs the use of nonstandard materials requires an approval by both the local authority having jurisdiction and the Council for New York State Building Code, and WHEREAS, the requirement to obtain Council for New York State Building Code approval for the use of nonstandard materials, particularly ABS, PVC, or DWV plastic piping substantially impairs the ability of the Town' s Code Enforcement Officer to conduct his work in an efficient and timely manner NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Lansing that it supports the actions of the Town Code Enforcement Officers to request amendment of Part 904, Title 9, Subtitle "S" to allow approval of the use of nonstandard materials in building projects within the Town of Lansing by approval of the local authority without having to obtain a further approval from Council for New York State Building Code. 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 3 . Mr. Totman informed the Town Board that a construction company from Auburn, New York was interested in the Terpening property located adjacent to the Town Barns . The firm was inquiring about the road. The Town Board informed Mr. Totman that this IS a Town road. They were also interested in obtaining public water. The Board informed Mr. Totman that they would have to do a district extension with the cost being approximately $3,000 .00 for engineering and legal fees only. The installation costs would be over and above this cost . 4. Mr. Gift is upset because Mr. Eurvard is building a house • on Hillcrest Road and he feels he must have received a plumbing permit from Bolton Point . Mr. Totman informed the Board that Mr. Eurvard DID NOT receive a plumbing permit from Bolton Point and that he was capping off the basement and would not be allowed to continue any farther. Mr. Totman will put a STOP WORK ORDER on this tomorrow morning. Linda Hirvonen updated the Board on what has been happening with the Planning Board. She passed out the first faze of the Zoning Ordinance for the Board Members to look over. She stated that she felt this project was going to take longer than expected. Mrs . Hirvonen also presented a survey that the Planning Board would like to go out with the next news letter. The Planning Board would then do some broad interviews . (About 20 people would be interviewed) . The Planning Board is working with two students from Cornell University who will be conducting the interviewing of the 20 people. Neighborhood meetings will then take place, which the Planning Board would like mediated by someone who is not involved and not connected with Town Government . The Planning Board would like to hire the Dispute Resolution Center to mediate these meetings at $50 .00 per hour. Cheryl Nickel and Jeannine Barret have put together a grant application. Mrs . Hirvonen stated that if the grant was received Cheryl Nickel would have to take a leave of absence from the • Planning Board as she is a professional in this field and has been designated as a participant in the grant . Cheryl Nickel is also putting together a slide program to help at meetings . Mrs . Kirby and Mr. Tvaroha questioned a stipulation that they thought was in the new Rules and Regulations stating that a major developer would have to contribute money toward an open space area. Mrs . Hirvonen will check on this and get back to the Board with her findings . Mrs . Hirvonen was VERY concerned about Mrs . Ramin's position on the Planning Board. She urged the Town Board to decide if Mrs . 35 continued March 18, 1992 Ramin should remain on Planning Board on if she should be replaced. Mrs. Hirvonen felt this should be decided very soon. The Board will discuss this and get back to her with their suggestion. The Planning Board and the Town Board will get together on April 20 , 1992 for a work session. This will be held in the Town Hall at 7 :00 P.M. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. 4111 Cleveland: RESOLVED, that the Town Board of the Town of Lansing does hereby authorize the Lansing Planning Board to hire the Dispute Resolution Center to monitor their meetings not to exceed $1,500 .00 . 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, Councilman Mr. Rich John stated that Mr. William Pelgrin, lawyer for the Division for Youth had stated he does not want to have a Public Hearing and that they still want to be Lead Agency on the proposed project . Mr. John will write to Mr. Pilgrin and ask for a "Public Informational Meeting" or presentation. Mrs . Kirby will also make a statement and put it in the next news letter. Dave Herrick discussed the following with the Board: 1 . Mrs . Kirby, Mr. Larson and Mr. Herrick met with Mr. and Mrs . Richard Pinney in regard to the Pinney's building a road to get access to their property (tax map number 15-1-28 . 2) . The Pinney's asked if this road could be built to the OLD Town Highway 4110 Specifications . If was the consensus of the Board that the road should be built to the NEW specifications but maybe the time of completion could be lengthened. It was stated that the Pinney' s only have an easement and do NOT have a right-of-way so they do not own the property. The Board felt Mr. and Mrs . Pinney should work something out with the owner's of the property (Mr. and Mrs . Harris) before they go any further. Mr. Totman questioned the legality of the Beckwith subdivision and will research it further. Mr. Larson will contact the- Pinney's tomorrow in regard to what the Town Board had discussed concerning their problem. 2 . Water Systems Improvement Projects : It was suggested that the Town do some of the clearing for the tank site on Bean Hill and possibly supply gravel for back fill and trenches . (Self help strategy) This would save about $17 ,000 .00 . This will have to be discussed with the bookkeeper so that it could be charged back to the district . 3 . Al Fulkerson is doing survey maps in regard to the Uhrovick situation in Myers . He is making up a couple of sketches and will bring then to the Board for their approval . 4. In regard to soil testing in the Hickory Knoll and Lake Watch subdivisions, Mr. Mahool has given permission to use his soil testings that have already been done. Mr. Herrick and Mr. Larson • will meet with Mr. Hicks to give him an idea of what the cost might be for soil testing. 5 . In regard to Water District Number 12 , it was felt that the Public Hearing should be canceled until Mr. Herrick has made his revisions . Mr. Herrick will present his revisions at the next meeting. Mr. Herrick stated that the Lane property cannot have water until 1997 . The Lynch property has alot of frontage on Teeter Road. They have asked to be included in the district and it was felt that the water line should be extended to the end of their property which could be very expensive for the Lynch's . 36 continues March 18 , 1992 It was the consensus of the Board to allow the Cobra Helicopters on Christopher Field on Lansing Day (June 13th) . Mrs . Kirby will notify Steve Colt of the Boards decision. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: WHEREAS, the Town of Lansing is creating a town water improvement district to increase capacity and water pressure for the residents of the Town of Lansing who are hooked up to the public water system, and • WHEREAS, construction of the improvement district will involve the construction of water tanks and connecting water lines which will require construction material such as gravel and dirt and labor such as clearing trees , hauling of material , and related activities , and WHEREAS, the Town of Lansing Highway Department has equipment which would be useful in the construction of the improvement district as well as access to materials at low cost in the improvement district , and WHEREAS, the Town of Lansing Highway Department has employees available to assist in the construction of the improvement district , and WHEREAS, by and through the assistance of the Town of Lansing Highway Department , the overall cost of the town water improvement district could be reduced, NOW, THEREFORE, BE IT RESOLVED, that the Town of Lansing Highway Department is authorized to assist in the construction of the town water improvement district as directed by the Town Engineer, and BE IT FURTHER RESOLVED, that the Town Highway Superintendent shall maintain records of labor and materials provided towards the construction of the town water improvement district, and BE IT FURTHER RESOLVED, that expenses incurred by the Town Highway Department for labor and materials provided towards the construction of the town water improvement district shall be reimbursed to the Town Highway Department from the town water improvement district and such charge shall be included in the cost of the town water improvement district . 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 Mr . Totman stated that he has received a fax from N.Y.S. Electric and Gas asking Mr. Totman to prove how much time he will spend on the project , then figure up so much per hour and charge them $3 .00 per thousand for that . The Town Board did NOT agree to this . Mrs . Kirby will write them a letter to this effect . The letter will have the following information in it: The Board doesn' t have a problem with staging the applications , however they should be advised that if the fees are raised, they would have to pay the new rate in the future depending on when their applications were made . It was the consensus of the Board that once N.Y.S. Electric & Gas and Alan Eurvard come to an agreement stating that the Town of Lansing will have first rights , the Town will then be able to accept Mr. Eurvard's water line. RESOLUTION, offered by Mr. Butler and seconded by Mr. • Cleveland: RESOLVED, that the Town Board of the Town of Lansing does hereby authorize Mrs . Kirby to approve the release of Mrs . Kim's monies to bring her balance to $20 ,000 . 00 . 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 Mr. LiVigne has asked Mr . Herrick if the road in front of his 37 continued March 18, 1992 house would be approved. Mr. Herrick informed him that the whole stretch in front of his place would be approved. Mr. LiVigne was concerned about the installation of the water main also. Mr. Cleveland stated that Mr. Mahool is concerned about engineering an intersection. Mr. Mahool feels that since the utilities will be use to service the Kim development, it should not 4111 be his responsibility to design it. Mr. Cleveland felt it was Mr. Mahool 's responsibility to do the design for the northern part of the intersection at Smugglers Path and Reach Run and then to get the designs to N.Y.S. Electric and Gas and to the Telephone Company. After this has happened, N.Y.S.Electric & Gas can then move the lines. Mr. Cleveland will discuss this with Mr. Mahool . Mrs. Kirby stated that the Town has set up an escrow account with the money that Mr. Adams has given to the Town. It is now up to Swearingen's to file a mechanics lien in order to get their money. Mrs. Kirby then signed the agreement. RESOLUTION offered by Mr. Butler and seconded by Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized to transfer $15,997.00 from Contingency A1990 .400 to A6772.410 to pay for the Lansing Older Adults new van. The remaining $4,000.00 balance will be reimbursed to the Town by L.O.A.P. 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 A copy of the minutes of February 19th and February 28th, 1992 having been furnished to the board members before hand, 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. Butler: RESOLVED that the following corrections be made to the minutes: 1. On page 23 - the February 19, 1992 minutes should read " RESOLVED, that the Town Board of the Town of Lansing does hereby authorize the Town Engineer to do the engineering specifications for the INTERSECTION between the Kim development and the Mahool Development". 2 . On page 25 of the February 19, 1992 minutes, they should read as follows: "As far as the issue regarding reapportionment, it was felt that the NORTH LANSING area should be kept in tact, especially the fire district". Carried. RESOLUTION offered by Mr. Butler and seconded by Mr. Tvaroha: RESOLVED, that the minutes as amended are hereby accepted. Carried. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Butler: WHEREAS, the Town Board of the Town of Lansing has heard a report from the Tompkins County Reapportionment Committee having to 4111 do with the County reapportionment alternatives, now therefore be it RESOLVED, that the Town Board of the Town of Lansing endorses reapportionment Map No. R-29L, prepared by Trustee Lawrence Lever, as preferred reapportionment scheme to be considered by the County. Carried. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED that the Regular meeting be adjourned to go into Executive Session (10 :12 p.m. ) 38 continued March 18, 1992 Carried. RESOLUTION offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened (10 :56 p.m. ) Carried. 4111 RESOLUTION offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Town Board does hereby authorize the Town Attorney to negotiate with Mr. Preston in regard to the Town of Lansing purchasing a portion of his land with the purchase price not to exceed $ 21,000 .00 and BE IT FURTHER RESOLVED, that the Town Attorney is also authorized to negotiate with the McKane family in regard to purchasing a portion of their land with the purchase price not to exceed $7 ,500 . 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 AUDIT RESOLUTION offered by Mr. Tvaroha and seconded by Butler: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills: General Fund # 120 - 170 $ 56,599. 29 Highway Fund # 53 - 91 $ 41,536. 79 Lansing Wr. Districts # 11 - 16 $ 1,580.38 Vote of Town Board . . . (Aye) Paul Butler, Councilman 11/0 Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor On motion, meeting adjourned at the call of the Supervisor at 11:00 p.m. 4110