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Home My WebLink About1993-04-21 239 APRIL 21 , 1993 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7 : 00 on April 21 , 1993 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, David Herrick, Mr. and Mrs . William Bement , Paul Welch, George Schlecht , Phil Winn, Mrs . Mack, Louis Leonard, Rick Coles , Steve Colt and two other Lansing residents . 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 stated that there were two key components necessary for a successful continuation: 1 . A group willing to accept the responsibility and requirements of such an operation. This is a major commitment in terms of time required to train and maintain all that is necessary. Translated into salaries , it represents dollar value in the thousands . 2 . New York State Health Department approval . Mr . Welch asked the Town Board to think about the following and then a meeting could be set up for further discussion: • 1 . The degree of accountability the Town Board would prefer from such an operation and extent of involvement desired. 2 . The areas and amount of financial assistance available . Mr. Welch also gave the Board the following to look over : 1 . Ambulance committee membership list 2 . Letter to NYS Health Department 3 . Suggested structural proposal and organizational charts . 4 . A copy of the General Municipal Law - Article 6 - Section 122-b (options and flexibility available to a municipality for providing Ambulance service) Mr . Welch felt the cost would be less than 25% of what a professional service would charge. Mrs . Louise Bement , Town Historian, asked the Board for their approval for her to spend monies out of her budget to have the Lansingville History book reprinted. She stated that the Dewitt Historical Society would buy the first 100 copies . It was the consensus of the Board to allow Mrs . Bement to spend the money budgeted in her account in this manner . (Price range of $1 , 242 .00 to $ 2 , 200 . 00) . Rick Coles approached the Board with the problems that have occurred in the Autumn Ridge subdivision. (Lot 22) He stated the following: The easement that was prepared a year and a half ago is inadequate. He would like to give the Town Board a letter for Mr . Larson' s records indicating that his concerns on any further development in the Autumn Ridge subdivision in regards to drainage problems would be addressed by Mr . Coles , Mr. Flummerfelt and Mr. Paolangeli if necessary. Mr. Coles will apply for the variance to obtain the easement correct . Mr . Coles also stated that the Town was to plow only to the dedicated line. 240 continued April 21 , 1993 Mr . Coles will go in front of the BZA Board to have the problem resolved. Phil Winn and George Schlecht addressed the Board in regard to the Kim subdivision. The following was discussed: A house is being built on Lot 13 . The road is not yet finished. It was proposed back in December of 1992 , that the temporary Certificates of Occupancy would be issued upon issuance of a letter of credit or completion of the road with permanent CO' s upon completion. Mr . Winn requested building permits for lots 13 and 14 . Mr. Larson has a problem with one area in the road. Mr . Winn informed the Board that this problem will be taken care of as soon as the weather permits . Mr . Totman stated that there is special notation on the building permit for lot 13 that states a permanent Certificate of Occupancy will NOT be issued until the Town accepts the dedicated road or gives special permission. It was the consensus of the Board that a letter of credit should be posted. The amount of $51 , 900 .00 was agreed upon for a letter of credit . RESOLUTION offered by Mr . Tvaroha and seconded by Mr. Cleveland: RESOLVED, that the Supervisor is hereby authorized and directed to sign an agreement for a letter of credit in the amount of $ 51 , 900 . 00 between Mrs . Kim and the Town of Lansing that insures the completion of all required improvements until the road is accepted by the Town of Lansing and, BE IT FURTHER RESOLVED, that if the road is COMPLETE, except for the oiling and stoning, Mr . Totman will then be allowed to issue a PERMANENT Certificate of Occupancy as long as the letter of credit is in effect , but if it is NOT COMPLETE, he will only be allowed to issue a TEMPORARY Certificate of Occupancy until September 1 , 1993 pending the completion of the road. 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 . Larson stated that himself and Mr . Herrick will need to see something in writing in regard to a turn-a-round on Teeter Road if one is necessary . Mr . Winn stated that Teeter Road and Smuggler 's Path WILL BE COMPLETED BY SEPTEMBER 1, 1993. Mr . Larson showed a film of the Ladoga Point area and all of the flooding that has occurred. After some discussion on how the Town could help these people, the following resolution was offered: RESOLUTION, offered by Mr . Butler and seconded by Mr . Cleveland: RESOLVED, that the Town Board does hereby authorize the Lansing Highway Department to make available, Town equipment , manpower, materials and labor time on an as needed basis from April 9, 1993 to May 9 , 1993 to residents of the Town of Lansing that are victims of the flood. 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 . Larson stated that the flashing lights that are to be • installed in front of the Lansing Schools have been ordered. Tompkins County has passed a resolution to allow the Town Highway Department to build a pedestrian bridge across Salmon Creek in Myers . Mrs . Kirby then signed the necessary papers involved in this matter. In regard to the matter of using the State Bid for the purchase of salt , it was the consensus of the Board to authorize Mr . Larson to put the salt up for bid after September 1 , 1993 and NOT get involved with the State bidding. Next week the Highway Department will be installing the new 241 continued April 21 , 1993 energy lights throughout the Town Hall . Mr. Larson stated that the price of a new loader on the State bid is $ 89, 993 .00 . There is now $47 ,009 .00 left in the budget for new equipment . Mr. Larson felt he would probably receive about $ 34 , 000 . 00 for the used equipment but stated that there was no guarantee . Mr. LaVigne and Mr. Larson recommended that the Town go with the State price and purchase a new loader. The Capital Equipment Budget could be temporarily allocated to make the short fall . Capital cost will be reimbursed by long term bonding . IIII The crusher is going to an auction on May 15th and has been appraised at $ 13 , 500 . 00 . RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Town Board does hereby authorize and direct Mr . Larson, on recommendation from the Town Auditor, to order a Front End Loader on State bid and, BE IT FURTHER RESOLVED, that monies be borrowed from the General Fund A. 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 . Larson received a letter from Mr. William Mobbs asking the Town to take over Asbury Road but Mr . Larson is not in favor of this . He may swap East Lansing Road at some point . The annual spring outing with the Town Board and Mr. Larson was set for May 5th at 6 : 30 p.m. at the Highway Garage. Mr. Thaler will look into Mr . Thusen' s deed in regard to the property on Buck Road and get back to the Board. III Steve Colt , the Lansing Recreation Director, approached the Town Board about replacing the mower that was sold in last years auction. He will get some written quotations and get back to the Board. The problem of people going through the Myers Park was discussed. It was the consensus of the Board to block off the entrance to the park until the Town felt it would be safe to enter . Mr. Tvaroha will find out about the fishing tournament that is scheduled for May 13 , 1993 and get back to Mr. Colt . It was also suggested that the summer help that is normally hired could be used in the Park for clean up. Mr. Herrick, the Town Engineer , reported the following: 1 . Notice will be in the newsletter addressing the May 12th meeting. 2 . The Ridge Road residents would pay the same amount as the Sperry Lane people if the water district goes through. The Town Board asked for a feasibility study to be done on the people in the Fiddlers Green area. Mr. Herrick stated that this has already been considered in his plan of the area. 1 3 . Mrs . Kirby suggested the actual costs be shown to the people compared to the projected figures . Mr. Herrick felt that the highest figures should be shown. He Herrick also brought up the question that if there were a savings , who would get it , the people or New York State Electric and Gas? Mr . Herrick will check into the possibility of having holes in a benefit district . 4 . Mr . Cleveland was very concerned about the Sperry Lane area if one or more people did not want to be included in the district . He felt it would be hard to explain to these people that they would have to be included when the people on Ridge Road would have a choice. Mr. Herrick will look into this. 242 continued April 21 , 1993 5 . The HUD analysis has been returned from Bolton Point . This showed ground water contamination. It also showed that one of the samples that showed chloroform serves ten homes . (A total of 14 homes showed chloroform) . Mr. Herrick and Mr . Baida from the Myers Heights area will get together and disconnect the Myers Heights water line at the head of the chlorinator to get a true sample. 6 . Mr. Thaler stated that Mr . Frank Proto is going to write a letter authorizing Mr. Thaler ' s Office to go ahead with the Legal portion of his district extension. 7 . The painters have started on the inside of the water tanks . 8 . Cargill has formally requested Bolton Point water . Mrs . Kirby will invite them to a meeting to discuss this . 9 . Watch Tower SEQR: Mrs . Kirby has not heard back from a lot of the people involved in this . Letters will be sent out to all who have not been heard from. It was felt that the Watch Tower should have to satisfy all the people with any problems in regard to their project . Mr. Herrick felt very strongly that the Town should stay in front of the SEQR deadlines . Mr . Thaler will write to the Watch Tower people tomorrow in regard to this . 10 . Marsha Lynch' s designs are done and will be finalized with Mr . Larson soon. Mr . Totman, Code Enforcement Officer, reported the following to the Board: 1 . Mr. Emnet comes in at least once a week and expects the • time frame to start immediately after he tells Mr. Totman of any problems . Mr . Totman informed him that he will set the time frame in which the problems have to be corrected and NOT Mr . Emnet . Mr . Emnet told Mr . Cleveland that Mr. Totman was not going by the agreement . Mr. Totman stated that the fence is legal at this time . 2 . The sign about the pro shop will not show up on North Triphammer Road again . The car wash sign has also been removed. 3 . Dr . Brown' s sign (chiropractor on Auburn Road) is not ten feet from the road right-a-way . The Board questioned where the road right-of-way is . Mr . Brown will go to the Zoning Board of Appeals to straighten this out . If was felt by the Board that the Ordinance may have to be changed in this regard. 4 . The reopening date of the Rogues Harbor under the name of Kenneth Moss is June 3 , 1993 . This will be a bar and a restaurant . 5 . Mr . Totman discussed a letter that he sent to Gary Coles about the trailer park he owns on Ridge Road. Mr . Totman stated that he had not issued his license for 1993 . He stated that he was holding his check . He stated there are many things wrong with the park . Mr. Totman asked how soon everyone could be notified that they would have to move out if the May 1st deadline could not be met? Mr. Thaler informed him that it could happen immediately . Mr . Totman showed the Board pictures that he had taken of the trailer park. 6 . In regard to Mr . Munson collecting junk cars , Mr. Totman will contact Mr . Munson and ask him if he would like an ad placed in the newsletter stating that if people have "dry" cars , they could call him for information. 7 . Mr . Thaler stated that he had looked into every aspect relating to Mr . Totman running for the County Board of 243 continued April 21 , 1993 Tompkins County and still keeping his job as Code Enforcement Officer for the Town of Lansing . Mr . Thaler stated that there was not a conflict of interest as the Code Enforcement Office is not an Elected position. 8 . Mr . Totman stated that he would seriously like to look at the sign ordinance as he felt is was unclear . Mr . Thaler recommended that the Town look into a new Sign and Zoning • Ordinance . It was felt this should happen very soon, and Mr . Totman should make up some dead lines and follow them. 9 . N.Y. S. E. & Gas has given Mr. Totman $75 . 00 for three temporary signs . Mr. Totman stated that the ordinance says that you can only have one. Mr. Thaler informed Mr . Totman that he should contact N.Y. S.E. & Gas and have them remove the signs and go in front of the Board of Zoning Appeals to get a variance to rectify the problem. 10 . As far as N.Y. S .E. & Gas bringing in Cornell ' s ash, Mr . Thaler felt that N.Y . S. E. & Gas would have to make a formal application and the Town Board would decide if they would grant them a variance, and if so, the Town Board would have to decide what the terms would be and also what the cost would be. Mr . Thaler will make up a list for the Town Board to go over at the next meeting. Mrs . Kirby will invite them to the May 20th meeting. Mr . Thaler ' s secretary will draft a letter to N.Y. S .E. & Gas and find out what the value of the contract is so then the Town could charge a certain percentage of the contract fee. RESOLUTION, offered by Mr. Cleveland and seconded by Mr . Butler: RESOLVED, that the Town Board does hereby appoint Jeannine • Kirby, Larry Tvaroha and Tom Todd to the Local Advisory Board of Assessment Review. 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 Mrs . Kirby informed the Board Members that Grievance Day will be held at the Town Annex on May 11 , 1993 from 3 : 00 P .M. to 6 :00 P.M. and that she will check into what could be done for the people in the Ladoga Park area as far as their assessments are concerned. AUDIT RESOLUTION, offered by Mr. Tvaroha and seconded by Mr . Cleveland: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills with the exception of a bill from the Water Systems Improvement Account as there was no amount indicated on the bill . General Fund 164 - 211 $ 25 , 077 . 68 Highway Fund 114 - 156 $ 147 , 227 . 82 Lansing Water Districts 21 - 23 $ 418 . 15 Water Systems Impr . 13 - 14 $ 1 ,042 . 85 Lansing Lighting 4 $ 1 , 115 . 19 The minutes of March 17 , 1993 having been furnished to the Board beforehand, 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 . Tvaroha: RESOLVED, that the minutes of March 17 , 1993 are hereby approved as submitted. Carried. Mr . Thaler stated that he has heard from the Independent Board of Appeals in regard to OSHA' s findings at the Town Annex and the 244 continued April 21 , 1993 Town Hall . The fine was reduced from $ 3 , 720 . 00 to $ 2 , 250 .00 . After some discussion, the following resolution was adopted. RESOLUTION, offered by Mr . Tvaroha and seconded by Mr . Butler : RESOLVED, that the Town Board does hereby authorize Mr . Thaler to spend the sum of $ 2 , 250 . 00 for fines incurred at the Town Annex due to OSHA' s findings . 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 On motion, meeting adjourned at the call of the Supervisor at 10 : 06 P .M.