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HomeMy WebLinkAbout1992-06-17 81 June 17 , 1992 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 8 : 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 Thaler Town Attorney Present VISITORS: George Totman, Pete Larson, Dave Herrick, Mr. and Mrs . Cox, Liz Biss, Mr. and Mrs . Fran Kallfelz , Mr. and Mrs . B.W. Hautaniemi , Margie O'Brien, Lucille Kemple, Mr. and Mrs . Mancini , Mr. and Mrs . Walter Poland, Louise Barr, Mary Ellen Cummings , Ethel Beck, Ron Parks , Terri Smith, Dan Pace, Charlie Tallman, Sophie Stark, John Cummings and about 15 other Lansing residents . The Supervisor called the meeting to order and had the clerk take the Roll Call . Proof of Notice having been furnished, the bid opening for one mobile concession stand was called to order at 8 :00 P.M. There was one bid received from the Snack Shack at 46 Ford Hill Road, Lansing, New York. The amount of their bid was $300 .00 for the remainder of 1992 . RESOLUTION offered by Mr. Tvaroha and seconded by Mr. Butler : RESOLVED, that the Town of Lansing does hereby accept the bid of $300 .00 for a mobile concession stand to be used on Town lands . Said bid is from The Snack Shack, 46 Ford Hill Road, Lansing, N.Y. • 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 Many residence of the Town of Lansing appeared before the Town Board in regard to the new driving range and pro shop that is being built on Water Wagon Road. Some of their questions and concerns and comments were as follows : 1. - Walter Poland of 7 Triphammer Terrace requested the Town Board to review the circumstances surrounding the granting of a varience to Hickory Hollow Gulf Range and advise everyone who lives in a low density zone in the Town of Lansing how to proceed as there is now two (2) businesses that are in violation of the zoning ordinance. He felt there would be a big change in the environment due to the traffic that this will cause. He also felt these two businesses would have a depreciable value on their homes . 2 . Liz Biss of 28 Forest Acres Drive wanted to know what they can do to ensure a more closely scrutinized plan for anything that may come up in the future. 3 . Pat Cox of 31 Forest Acres Drive gave the Town Board a piece of paper with the following questions on it that they would like the Town Board to answer: a. Who is responsible for enforcing the zoning ordinance? Sb. What is the purpose of having zoning if it is not enforced? c. How was Michaleen' s able to open a business in a low density residential zoned area? d. The Town Zoning Officer made a serious mistake in granting a permit for a business (Hickory Hollow Golf Range) that violates the zoning ordinance. Is it not the Town's responsibility to rectify the error made by it 's employee? e. Is it appropriate for a realtor whose company has business interests in a zoned area, and an individual whose family members are contracted to do excavating at the Hickory Hollow Golf Range site to be members of the Board of Zoning Appeals? f . When can we expect an answer from the Town Board to these 82 June 17 , 1992 , continued questions and to the requests made in the letters submitted? How are they going to notify us of their actions? 4 . Ron Parks of 165 Triphammer Terrace wanted to know what might happen to Horky' s property or land elsewhere. 5 . Terri Smith of 37 Forest Acres Drive stated that she didn' t mind Michaleen' s but wanted to know what could be done to ensure that a fast food store would not go in on North Triphammer Road. 6. David Cox of 31 Forest Acres Drive stated that there were too many people pleading ignorance to the zoning ordinance. He wanted assurance that nothing else would happen in this zoned area that would compermise the zoning regulations . He also wanted to know what kind of a permit the "Million Dollar House" had as he • felt they were going to have a shop in it and wondered if they would be in violation of the zoning. He felt the Town should remove all the commercial buildings out of the zoned area. 7 . Liz Biss wanted to know what it would take to totally zone the whole Town. 8 . Fran Kallfelz wanted to know what a "cottage business" was . Mrs . Kirby stated that a cottage business was a business within a home. (Home Occupation) Mr . Kallfelz did not feel Michaleen's nor the Golf Club were cottage businesses . Mr. Totman stated that he would get back to Mr. Kallfelz next week concerning a possible "violation of use" as far as Michaleen's is concerned. 9 . Mrs . Kallfelz asked how the Town proposed to expand zoning to the other parts of Lansing when even in the area that we have zoning, we cannot effectively count on it as working? 10 . Mr. Thaler stated that the public needs to become ACTIVE and volunteer to committees in the Town. He also stated that zoning would not get passed unless EVERYONE became involved. 11 . Barbara Hulbert of 21 Stormy View Road wanted to know what faith do the residents have when they already have some zoning and it is being ignored? Mr . Totman stated that he made the mistake of 150 feet . He also stated that they ARE watching the business and also another possible business that may be going into another house near the Hillcrest area. 12 . Mr. Kallfelz stated that it was the Town's responsibility • to rectify Mr . Totman's mistake and not ratify it by granting a variance. Mr . Thaler stated that the Board of Zoning Appeals granted the variance and the Town Board has NO control over their decision. 13 . Mrs . Pat Cox stated that she attended the Board of Zoning Appeals meeting and was concerned because Cal Warren was on the Board and she felt he had a conflict of interest as he is a realtor in this area . She also felt John Hicks , another Board Member had a conflict of interest because his son is doing the excavating work for the Pro Shop and Gulf Range. 14 . Dan Pace, the owner of the Pro Shop and Gulf Range stated that he had to put up his home as collateral to do his project therefore he had to have an appraisal done and stated that his appraisal came in at 25% less than it would have due to the economy. 15 . One resident requested that he receive a copy of the B. Z .A. minutes . Mr . Thaler stated that this along with the Board' s decision was public information. 16 . Joanne Mancini asked if anyone had gone inside Michaleen' s to see if the owners were living there or not . Mr . Tvaroha stated that the Town Board was concerned with the outside looks of Michaleen's and would research it and enforce the law. He felt that the definition of "home occupational businesses" needed to be researched further. 17 . Ethel Beck of 25 Stormy View Road was concerned about the • traffic safety . She felt the increase in traffic would be a big problem. Mr . Tvaroha informed Mrs . Beck that the Planning Board is taking a serious look at the traffic problems in the Town of Lansing. 18 . Mr . Thaler informed the residents that if a business is sold it may stay the same as it was at the time of sale but if it is dormet for a period of one (1) year the new owners would have to June 17 , 1992 , continued $3 start over. 19. Liz Biss suggested a sign up sheet be passed around for anyone who would like to volunteer to be on a committee to help out the Town. A list was then passed around and some of the people present signed up. 20 . Dan Pace stated that he was in favor of zoning. He felt that the people who wanted to protect the residential area should become vocal in regard to zoning. 21 . Mrs . Kallfelz was concerned about the property line of the Gulf Range. Mr. Totman stated that the balls would be hit towards the center of the land and not towards the houses on North Triphammer Road. • 22 . Mrs . Hautaniemi of 2776 North Triphammer Road was concerned about the speed limit . Mr. Thaler advised her to take around a petition for speed reduction asking to reduce the speed zone all the way to the Village line. Mrs . Hautaniemi also wanted to know what recourse the residents would have against the lights that will be placed on the gulf range. Mr. Totman stated that the lights would be shielded halogen lights and did not feel they would bother the residents . 23 . John Cummings of 9 Bean Hill Lane asked in any of the Board of Zoning Appeals decisions over the past years had ever been reconsidered. 24. Pat Cox asked if Michaleen's ever received a variance from the Board of Zoning Appeals . The answer was no as they never went before the B . Z .A. because the decision was made by the former Zoning Officer. 25 . Ron Parks wanted to know how they could be guaranteed that no other businesses would go into this area. He was asked to go to the Planning Board with the proposed changes they would like to see take place in the zoning ordinance. The Planning Board would then have to have a Public Hearing, adopt a Resolution and then it could be adopted by the Town Board. Many of the residents then thanked the Board before they left . Sophie Stark wanted to know where the holding tank would be placed if it were to go onto the Hatfield's land. Mr. Thaler 1111 informed her that the site for the new holding tank had not been determined as of yet . Mr. Ron Parks stated that his house is at the top of Asbury Drive and that the people whom he purchased his house from decided not to be in the water district . The Board informed him that he would have to do a district extension in order to be included in the water district . Mr. Pete Larson informed the Board of the following issues : 1 . The road specifications that were passed August 21 , 1991 state that there should be a two year warranty given to the Town but it should read that a ONE YEAR warranty should be given. 2 . The material is in for the Myers road bridge. Mr. Larson is waiting for the County to finish before he can get started. 3 . It will be two to three weeks before Dates Road is completed. Mrs . Kirby stated the Cayuga Highlands has asked for a conditional approval but Mr. Herrick and Mr. Larson were not ready to give a letter of approval as they have had NO contact with anyone regarding Cayuga Highlands to this point . Mr. Herrick informed the Board of the following issues : • 1 . Mr. Herrick is in a position to submit requests for proposals to at least three different soil testings labs to get auger borings for water mains and tank sites so he can get further information on the location of bedrocks and also get foundation designs for the locations of the tanks . He wants to mail out the proposals tomorrow. Test borings could begin July 1st . 8 4 June 17 , 1992 , continued 2 . Mr. Herrick stated he would like to proceed independently from the water main extensions and get the tank bids together so that the tank contractors would be returning their bids before the water main contractors . He felt it was critical to get the tank bids in so they could be painted before the bad weather sets in. 3 . The Governor is looking for projects that qualify for eight hundred million dollars worth of state funding. Mr. Herrick stated that the Town had less than a week to respond to this grant so he and Mrs . Kirby gathered together as many representatives from the area Towns and Villages as they could to look at what joint projects might be able to receive this funding. They felt some of the sewer projects could apply to this bond act so they put • together a project information form and had it submitted to Mr. Luster Fiday afternoon. They are looking for funding for the plant expansion or the whole bypass with potential state funding. Mr. Totman presented his monthly report to the Board Members and stated that they are four (4) permits behind last year and about 1 . 6 million behind last year. Mr. Totman stated that the State Department of Labor did an inspection on the Town Hall and the Town Annex buildings . They strongly recommended that the stairway leading to the courtroom needs to be changed as they did not agree with the height , width or the irregularity in the stairs . They will be sending Mrs . Kirby a letter to this effect and will give the Town 90 days to correct the problem. If it is not corrected in ninety days , fines to the Town will follow. Mrs . Kirby stated that Pyramid Mall 's current assessment is $62 , 500 ,000 . 00 and that they want it reduced to $38 ,000 ,000 . 00 . She has attended a meeting with the County Assessment Department to discuss the sharing of the cost of the litigation in this case but did not commit to anything. The Neighborhood Legal Services , Inc . has asked for 5% funding from the Town of Lansing as they feel that 5% of their clients are from Lansing. The Town Board did not feel this was appropriate to get involved in as there are enough County organizations that support this type of cause. RESOLUTION offered by Mr . Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Lansing Town Court ( "Court") has determined that it is in the best interest of the community to explore a full range of alternatives to jail and fines in dealing with offenders . In particular, the Court has utilized community service work as an alternative; WHEREAS, the Town of Lansing Highway Department has projects which require unskilled labor; and WHEREAS, the completion of these projects under the supervision of the Town Highway Superintendent would be beneficial to the community and the offenders ; and WHEREAS, the Town Highway Superintendent had further determined that his department is able to supervise a regular program of community service work. NOW, THEREFORE, BE IT RESOLVED, that the Town of Lansing create the Town of Lansing Community Service Program to allow • referrals from the Court to perform community service work under the supervision of the Highway Superintendent or his designees within the department upon the participant executing an agreement in the form filed in the office of the Town Clerk and pursuant to any other directives of the Town Judges . June 17 , 1992 , continued 85 Vote of Town Board . . . (Aye) Paul Butler, Councilman Vote of Town Hoard . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha, Councilman Vote of Town Board . . . (Aye) Jeannine Kirby, Supervisor The need to amend the Solid Waste Local Law was discussed. Mr. Thaler will contact Albany asking for help in this matter. The Town Board will then have a Special Meeting just to discuss the changes to be made to Local Law No. 1 of the Year 1988 . Mr. Thaler informed the Town Board that the survey that was done on the Clarke property in Ludlowville was incorrect . He stated that the lines would have to be redrafted. The survey did not conform with the quick claim deed. Mr. Thaler stated that the swing set is in the Ludlowville Park and is on Town ro ert . Mr. Thaler P P Y will ask Mrs . Clarke 's attorney to give the Town a quick claim deed to the property where the swing sets are. (This will straighten out the survey line) . Mr. Totman stated that part of the driveway was also on the Town' s property. Mrs . Clarke would like the Town to give her a foot of land to resolve this matter. This will have to be declared surplus in order for the Town to do this . Mrs . Kirby stated that the Airport has asked for a parking ticket report . She will pass this on to John Howell and discuss it with him. Mr. Thaler stated that the County has made all the rules and regulations at the Airport but that the Town of Lansing has to enforce them through the tickets that are issued. Mr. Thaler thought that the Town should be reimbursed by the County for the portion of work that is done by the Town. Mrs . Kirby stated that Eric Skroback would like to participate in the "Johnny Elmseed" program in the Town of Lansing so that he could earn his Eagle Scout Badge . There is a $300 . 00 fee to participate in this program which Mrs . Kirby thought the Town would be exempt from. Mr . Butler informed the Board that the Eagle Scouts do there own thing to earn money. Mrs . Kirby will look into this matter further and get back to the Board. . RESOLUTION offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the Town Board of the Town of Lansing will hold a Public Hearing on the declaration of a piece of property located on Myers Road in the Town of Lansing as being surplus property. Said hearing will be held on July 1 , 1992 at 8 :00 P .M. (Uhrovcik property) Map on file in the Town Clerk' s Office. 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 Mr. Cleveland: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills (The voucher from the Historical Society is to be looked into before payment is made) : General Fund 352 - 408 $ 117 , 570 . 88 Highway Fund 174 - 211 $ 24, 684 . 55 McKinney Wr. Dist . # 3 5 $ 208 . 32 Lans . Wr. Dists . 30 - 34 $ 6, 489. 85 4111 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 RESOLUTION, offered by Mr. Butler and seconded by Mr. Tvaroha: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session ( 10 : 25 P .M. ) 8 6 Carried RESOLUTION, offered by Mr . Tvaroha and seconded by Mr . Cleveland: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 10 : 52 P.M. Carried RESOLUTION, offered by Mr. Cleveland and seconded by Mr . Butler: RESOLVED, that the Town Board of the Town of Lansing does hereby authorize the Town Attorney to file the necessary papers to have the speed limit reduced to 40 miles per hour on Cherry Road in the Town of Lansing. Carried On motion, meeting adjourned at the call of the Supervisor at 10 : 59 P.M. d k 4110 4110