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HomeMy WebLinkAbout1993-02-03 198 FEBRUARY 03 , 1993 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7 : 00 P.M. on February 06 , 1993 with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present 4111 Paul Butler Councilman Absent Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Richard Thaler Town Attorney Present VISITORS : Tom Todd , County Representative , George Totman, Code Enforcement Officer and Phil Winn , Attorney . The Supervisor called the meeting to order and had the clerk take the Roll Call . Phil Winn , Attorney for the Kim Subdivision presented the Board with an updated map . Phil Winn requested a letter from the Town Board in regards to having several utilities poles moved out of the Towns right-of-way. It was the consensus of the Board to have Attorney Thaler write a letter stating that NYSEG & NYTELE are hereby requested to relocate their utility poles out of the Town ' s right-of-way . The Board authorized Mrs . Kirby it sign said letter . The sale of Lot #13 closed today . Mr . Winn requested that the Town set a maximum amount for a letter of credit . The Board requested that Mr . Winn send a letter stating the time sequences of • completion and to contact Dave Herrick and Pete Larson and get their recommendation on the amount of credit needed and include that information in the letter to Supervisor Kirby and the Board . At the time the letter is received Mr. Thaler will draw a contract and then George Totman will be authorized to issue a Building Permit but no Certificate of Occupancy to be issued until the road is accepted . Mr . Thaler informed the Board and Mr . Winn that Waterview Heights Road has been excepted and the deed will be recorded tomorrow morning . The portion of the road dedicated is from Teeter Road to the eastern most entrance of Waterview Heights down to Smugglers Path and then south on Smugglers Path to the property line . Tom Todd , County Representative reported the following to the Board . i . The Solid Waste Users Fee was approved by the County Board of Representatives at last nights meeting . Everything was settled except the rate structure . The Towns & the City structures are exempt . Mr . Todd ' s feelings were that the public schools should be exempt too . Mr . Tvaroha asked why the Fire Departments are not being considered exempt as this is also tax payers money . Mr , Tvaroha asked why this was dropped and not discussed . Mr . Thaler • stated that the City Fire Departments are not a separate entity . The City Fire Departments are part of their budget and are already exempt whereas the Towns Fire Districts are separate and do not come under the Towns exemption . Mr . Todd stated that this was a good point and thought the same rationale would hold for the Fire Departments as well as the Public Schools . 2 . Mr . Todd stated that he was on the following committees : Personnel , Public Works , Solid Waste , Chairman of the Fiscal Affairs and Article 18 Task Force . 3 . Mr . Todd informed the Board that the City is going to try and reopen the saes, tax negotiation . The County Board received a 199 February 03 , 1993 , continued letter from Assemblyman Marty Luster stating that in effect the City has veto power over what happens as far as the sales tax . The County Board has applied to the State through Assemblyman Luster & Senator Seward to extend the sales tax . There is a one year sunset on the sales tax . Right now the sales tax is in place with all the terms until the end of November . The County expects the City at tonights meeting to pass a resolution stating that they are not satisfied with the arrangement that was made last year . Mr . Todd 4111 stated in full good faith he thought that they arrived at a permanent situation with the 25 - 75 split . Now the City is changing their decision . The County Board is very upset over this situation . Mr . Thaler will research this further . Mr . Totman informed the Board that the Zoning Board of Appeals had a meeting last night . The Board appointed Roger Hagin as Chairman . The Board set a Public Hearing on March 02 , 1993 , Tuesday at 7 : 30 p.m. in regards to the Steve Lucente situation . Mr . Totman questioned the issuance of the Building Permit on Lot #13 in the Kim Subdivision . Mr . Thaler stated that when the agreement and letter of credit is received and completed the building permit can be issued but no certificate of occupancy until the road is accepted. Mr . Beckwith reported on the Fire Departments Report and Meeting . Mr . Beckwith stated that the Board was very receptive to his presence at the meeting and looked forward to meeting with him. The following was discussed at the meeting: 1 . Jill Ferguson turned in a letter of resignation. Paul Ravas was appointed to fill his seat for the balance of the year until elections are held . 11/1 2 . Marian Ostrander , Treasurer of the Board turned in a letter of resignation. Scott Pronti was appointed to the Board as Treasurer for the balance of the year until elections are held . 3 . The ladder truck was repaired . Mr . Cleveland asked if a Public Hearing was needed to change the Subdivision Rules & Regulations in regards to highway turn-a- rounds . There is a discrepancy between the Highways Specs and the Subdivision Rules & Regulations in regards to this matter . Mr . Totman recommended that the Subdivision Rules & Regulations read: See Prevailing Highway Specs , instead of having the radius stated . Mr . Thaler stated that Peter Larson, Highway Superintendent give the Board a written notice to this effect and if the Board wishes to amend the Subdivision Rules & Regulations hold a Public Hearing on the matter . A copy of the minutes of December 16 , 1992 having been furnished to the Town Board beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvaroha : RESOLVED, that the minutes of December 16 , 1992 be amended to 4111 read as follows : If Mr . Pace is put on notice between April 1st and December 1st . he will have 7 days to correct the problem or problems and if he is put on notice between December 2nd and March 31st he will have thirty ( 30 ) days to correct the problem or problems . The remainder of the minutes for December 16 , 1992 are hereby approved as submitted. Vote of Town Board . . . (Aye) Herbert Beckwith , 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 200 February 03 , 1993 , continued RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Cle..40..(ciod, : RESOLVED , that the Town Board appoints Supervisor Jeannine Kirby to the Tompkins Community Hospital Corporation Board from April 01 , 1993 through April 01 , 1995 . Carried . RESOLUTION , offered by Mr . Cleveland who moved its adoption , seconded by Mr . Beckwith: RESOLVED, that the Town Board waives the water penalties for the Cornell University Equine Drug Testing Laboratory in regards to their future quarterly water billings . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Abstained) Larry Tvaroha , Councilman Vote of Town Board (Ave) Jeannine Kirby , Supervisor RESOLUTION , offered by Mr . Cleveland who moved its adoption, seconded by Mr . Beckwith : RESOLVED, that the Town Board unanimously recommends to the County that they approve a walk bridge over Salmon Creek in Myers until such time the bridge can be restored to its former condition and becomesa bridge for vehicular traffic as well . Vote of Town Doard . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . (Ave) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye) Larry Tvaroha , Councilman Vote of Town Board . . (Aye) Jeannine Kirby, Supervisor A copy of the certified resolution to be sent to Mr . Watros , Capital Structures Committee , Mr . Mobbs , Department of Public Works and Pete Larson, Highway Superintendent . Mrs . Kirby informed the Board that Gulf Road has a new stop sign at the entrance from the west and East Shore Circle has a new stop sign at the entrance front the west . Mrs . Kirby received a letter from the Tompkins County Board of Elections in regards to Election redistricting . The recorded numbe::: of voters appears in the followincr districts for Lansing : District #1 - 77 . District #7) - 722 , District #3 - 728 . District #4 - 745 . Di strict 45 - 1 . 094 , District #6 - 570 , and District #7 -622 . The election law sets the maximum number of voters per district at 950 ( 1150 with Board approval ) . If this occurs the election districts must be realigned . RESOLUTION , offered by Mr . Beckwith who moved its adoption , seconded by Mr . Tvaroha : RESOLVED , that the Town Board does hereby instruct the Tompkins County Board of Election Commissioners to proceed with the election redistricting to conform with the election law . Carried . Mr . Thaler has had corresnosidence with Assemblyman, Marty Luster in regards to the use ot the state land purchased by the Town . Marty Luster has requested a copy ot the Bond. Resolution . He intends to present it to the people in Albany . Mr . Thaler indicated to him that the Resolution indicates that the use of the land was for governmental as well as recreational purnoses . It was not unt '1. 1 the Town received the deed that we found out that the total Purch...ises was restricted to recreational purposes only . He informed him that if the Town had known this that the Bond would have been done dltterehtiv and maybe the Town would not have purchased the land . That is why the Town is asking 201 February 03 , 1993 , continued Marty Luster for the private bill to include the use of the land for governmental as well as recreational purposes . Mr . Thaler sent the deed and all correspondence to Marty Luster and will follow up on this in two weeks . The Board discussed the following water district extensions which are still pending: 1 . Donald Swearingen , East Shore Drive - Mr . Thaler read a letter from Mr . Swearingen. The letter stated that the Colonial Cleaner site had been declared a hazardous waste site by the Department of Environmental Conservation. It stated that no test well drilling has been ordered by the DEC or the Health Department . Mr . Thaler had written him a letter stating that a year had passed and what were his intentions on establishing the extension of the water district . It was the consensus of the Board to give Mr . Thaler the authority to write Mr . Swearingen a letter asking him whether he wants to create the extension of the water district or if he is requesting the Board to continue the emergency hookup . 2 . Frank Proto, Apartments on Ridge Road - Mr . Thaler will pull the files and discuss it at the next Board meeting . 3 . Rob Lychaik , Drake Road - Mr . Tvaroha asked what the necessary steps where to create a water district extension. Mr . Thaler stated: 1 . Make an application to the Water Board asking that they he permitted to have an extension to the Water District . 2 . Get a recommendation from the Water Board to the Town Board. 3 . The Town Board then authorizes Dave Herrick , Town Engineer to do a map plan and report . 4 . A Public Hearing is scheduled . Town Board votes on it , it is published and subject to a permissive referendum. 5 . All expenses incurred are the homeowners responsibility . Mr . Tvaroha stated he would get a letter from Lychaik ' s extending the emergency request for the water situation . Mr . Thaler informed the Board that the contract for the Division of Youth has been signed . This will be on the agenda for next week . RESOLUTION, offered by Mr . Beckwith who moved its adoption, seconded by Mr . Cleveland: RESOLVED, that Mr . Kirby is authorized to attend the Supervisor ' s forum in Albany on March 21 - 23 , 1993 . All expenses incurred to be a Town charge . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye ) Jeffrey Cleveland , Councilman Vote of Town Board . . . (Aye ) Larry Tvaroha . Councilman Vote of Town Board . . . (Abstained) Jeannine Kirby, Supervisor . RESOLUTION, offered by Mr . Cleveland who moved its adoption , seconded by Mr . Tvarohaa : RESOLVED , that the Town Board authorizes Supervisor Kirby to sign an easement to give NYSEG the rights to put in their utility lines to the water tank off of Grandview Drive . Vote of Town Board . . . (Abstained) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . . . (Aye ) Larry Tvaroha , Councilman Vote of Town Board . (Aye) Jeannine Supervisor annine Kirby , Supervisor 202 Toebl-uay 1:,", . 195 . continued A ropy nt the minutes of December 30 , 1992 and January 13 , '-',? furnished to the Eoard beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted . 7277(.:7,77TinN _ ottc.'7I'd by Mr . Cleveland who moved its adoption, seconded by Mr . Beckwith: RESOLVED, that the minutes of December 30 , 1992 and January 73 , 1993 are hereby accepted as submitted. Carried. Carried . RESOLUTION , offered by Mr . Cleveland , who moved its adoption , seconded by M7 . Tvaroha : RESOLVED . that the To Board authorizes David Long to appralp the Town owned land on Myers Road . BT. IT FURTHER RESOLVED , that the cost of the appraisal will be 7-, charge derived from the income of the sale of the land . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Ave) Jeffrey Cleveland , Councilman Vote of Town Board (Ave ) Larry Tvaroha , Councilman Vote of Town Board . . . (Aye) Jeannine Kirby , Supervisor RESOLUTION . offered by Mr . Cleveland who moved its adoption . .7econded by Mr . Tvaroha : R7SnLV7D , that the Town TThard on the recommendation of Jim Sweazey as Dart of the new heating system package) to install a 30 ion natural qas water tank ln the amount of $172 . 00 . Vote o' -own Board . . . (Aye) Herbert Beckwith, Councilman Wnt ,.. n' Town 30 ,-H (Aye') Jeffrey Cleveland , Councilman 4111 Vote nt Town TrDar . . . (Aye) Larry Tvaroha , Councilman Towr, Board ,Aye ) 7eannine T': rby, Supervisor The Town Board dscused having another dog enumeration . In the next news letter they 1,771 I advertise for a dog enumerator . Debbie Crandall informed the Board that the dog local fee had been r',-Jared in Albany to 34 . 00 effert-ive February 1993 . RPSOLTITION , offered by Mr . Tvaroha who moved its adoption , seconded by Mr . Cleveland : R7sp7.v77) , on the recommendation from Dave Herrick . the Town Board authorizes the approval of a change order in the amount of 5740 . 00 - c .:- 7-itti-olrgH 7,3n 1- Tower . The change is in regard to the fabrication for tank ladders to accommodate the Bolton Point safety harnesses . Vote 0-t Town Board . . . (Rya) ',71-.T-n-,=,-.-t Beckwith , Councilman 'Jot ,' of Town Board )(1,vp Jeffrey Cleveland , councilman , . Vote of Town Board . . . Aye) La777 Tvaroha , Councilman Vote of Town Board . . . (Ave) Jeannine Kirbv , Supervisor R77)0LTITTON , offered by Mr . Beckwith who moved its adoption . seconded by Mr . Cleveland. RESOLVED . that the Town Board does hereby approve the III alpdo7ntmer+- of Roger Haq' n as chairman of the Zoning Board of ,;PPPa: =', . Retroactive from January 1 . 1993 through December 31 , 19 .7.; . cayrip . RESOLUTION , offered tv Mr . cieveland who moved its adoption, , e,:-. ed bY M:."- TV _.'0. 7:77.77777 . :-,at '-_-:e f7,,- ecai vet: -;: be ad -;ourned to go into 203 February 03 , 1993 , continued Executive Session at 8 : 50 P .M. Carried. RESOLUTION , offered by Mr . Tvaroha who moved its adoption, seconded by MY . Beckwith. RESOLVED , that the Executive Session he terminated and the Serial Meeting be reconvened at 9 : 05 P .M. 1111 Carried . On motion, meeting adjourned at the call of the Supervisor . lowo ClerK minutes taken and prepared by the Deputy v1121, . (,;6_, 670677.—.2 11111