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Home My WebLink About1993-06-16 JUNE 16, 1993 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 Paul Butler Councilman Present Herbert Beckwith Councilman Present Jeffrey Cleveland Councilman Present 1111 Larry Tvaroha Councilman Present Bonita Boles Town Clerk Present Richard Thaler Town Attorney Present VISITORS: George Totman, Dave Herrick, Pete Larson, Bradley Griffin, Stacy and John Coil , and Andrea Benson. The Supervisor called the meeting to order and had the clerk take the Roll Call . Proof of Notice having been furnished, the bid opening on roof repairs at the Highway Garage was called to order at 8 : 00 P .M. The bids were as follows : WRIGHT CONTRACTING 3853 West Bates Road Trumansburg, N .Y . 14886-9310 $ 59, 413 .00 WRIGHT CONTRACTING (Alternate Bid) $ 59,072 . 00 R.L. BREEN PAINTING & RESTORATION 13129 West Church Street Savannah, New York 13146 $ 34 , 976. 00 EXCELSIOR SYSTEMS, INC. 715 Willow Ave. Ithaca, New York 14850 $ 41, 225 .00 Mr. Larson will look over the bid proposals and get back to the Board with his recommendation. Mr . Brad Griffin informed the Board of the following: 1 . Fran Bureau came before the County Environmental Management Council and asked for support and staffing for the soil and water district . He stated that the start up fee would be $44,000 . 00 for the first year . The Board felt there were duplications of services already being performed by other agencies . It was the consensus of the Town Board that since these were duplicated services and the future cost could not be projected, they could not support it . 2 . Mr . Griffin stated that John Howell chaired a committee that put together an inventory of unique and special geographic areas of the County. He thought it should be updated. 3 . Dick Fisher was instrumental in making the bottle bill happen state wide . Mr . Tvaroha stated that the Town of Lansing was very fortunate • to have a man with Mr . Griffin' s expertise and experience as their representative. Andrea Benson approached the Board in regard to the intersection of 34B and Ludlowville Road. She stated that two of her son' s were recently in an accident at this intersection and felt something should be done to make if safer. She also stated that the Lansing School was very concerned with this ongoing problem. She asked the Board for guidance from the Town Board. They suggested that she contact the Lansing School Board and ask them to pass a resolution asking New York State to do something about the intersection and bring it back to the Town Board for 264 continued June 16, 1993 their endorsement before sending it to the State. Mr . Thaler also stated that signs could be posted prohibiting buses and large trucks from the intersection. Mrs . Benson will meet with the School Board and get back to the Town Board. Mr . and Mrs . Coil approached the Board asking for a speed reduction on Searles Road. The following resolution was then adopted by the Town Board: RESOLUTION, offered by Mr . Beckwith and seconded by Mr . 410 Cleveland: BE IT RESOLVED, that the Petition of the residents of Searles Road be forwarded to the Commissioner of the Department of Motor Vehicles together with the Town Board's request for a review of the speed limits on Searles Road between New York State Route 34 and Conlon Road as shown in the Petition, and an appropriate reduction of the speed limit be made. BE IT FURTHER RESOLVED, that the Town Board direct the Town Superintendent of Highways to inspect Searles Road between New York Route 34 and Conlon Road as show in the Petition, and that the Town Superintendent of Highways put appropriate signage on these roads to indicate the presence of children. 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 Highway Superintendent , Pete Larson, reported the following to the Board: 1 . There is a problem with property owned by Mr . Warmus in 1111 the Fiddler' s Green area. Mr. Larson recommended that the Board allow himself and Mr . Cleveland to go back to Mr. Warmus and try to rectify the problem. It appears that the Town Road infringes on his private property and goes outside of the right-of-way . It was the consensus of the Board to have Mr . Larson and Mr . Cleveland meet with Mr . Warmus and try to rectify the problem. 2 . Mr. Larson looked into having the State Land mowed. This would involve approximately 60 acres . Mr . Larson stated that he had a couple of proposals for the work and asked for the Board' s guidance . It was the consensus of the Board to authorize Mr . Larson to go with the lowest price and to use his own judgement . 3 . In regard to the State Land, Mr . Thaler stated that he had received information from Senator Seward stating that the Local Bill involving the use of the State Land had been passed in the Senate. 4 . Murfield Drive: Mr . Larson stated that Mr . Herrick is putting together price lists as to how much it would cost to fix the road. Mr . Thaler stated that once the figures came in, he would send Mr . Hicks and his ex wife a certified letter that would state they would have ten (10) days to decide if they will fix the road or if the Town will have to perform the work. Mr . Thaler stated that if the Town does have to perform the work, they would then have to sue the Hicks ' s to get their reimbursement . It was the consensus of the Board to allow Mr . Herrick to put together a price analysis . 5 . Creek at Milliken Station: The people in this area have asked the Town Highway Department to push out the creek with a dozer. Mr . Larson felt if it was done once the Highway Department might be held responsible to do it every time after this . Mr . Tvaroha asked if the Town did the work, could it be tied into the continued June 16, 1993 unusual circumstances of the 100 year flood? Mr . Larson stated that the only responsibility the Town has in this area is that many years ago they put in two culverts for a road way . It was the consensus of the Board to have Mr . Thaler write a letter to Mr. Lee Ruzicka stating that it was the consensus of the Board and the advice of the Town Attorney, that there was no legal way the Town could perform this job. 6 . Mr . Larson stated that he had received two engineer reports back from the County Office and from Miller ' s office on the land slide on Crooked Hill Road. Mr . Larson felt they should be 4111 discussed at a Public Meeting to inform the people of the options that are open along with cost figures . Mr . Larson will put together prices on what it would cost to make the road into a walkway with a four foot high chain link fence. 7 . Mr. Larson stated that he would like to see the road that goes off to the right of Mr . Horky ' s road named. 8 . Mr. Larson stated that Mr. Pinney had a sample from his pit tested and it did not pass . Mr . Larson then had Mr . Pinney take another sample which did pass . Mr . Thaler asked for an update on the letter Mr . Herrick wrote to Mr . Larson in regard to Mr . Pinney' s road. (Board Members received copies also) . Mr. Larson met again with Mr . Pinney to make sure he had addressed the problems that were pointed out in the initial inspection. At that time another sample was given from the pit and another spec sheet given, which passed Town specifications . On June 2 , 1993, Mr. Larson took another sample from the material that had been used in the road and sent it to Empire Soils . The results stated that it was 7% which is below the 8% that the Town specifies . One additional sample has been taken but will take about two weeks to receive the results . Mr . Thaler was concerned that the Town did not end up with the same problems that they are having in the Lake Watch and Hickory Knoll developments . Mr . Thaler informed Mr . Larson to have everything put in writing. Mr . Thaler stated that as of today, there has been no activity on the Lake Watch road. He has written Mr . Pinney' s attorney a letter indicating that by contract with the Town, Mr . Pinney has until a certain date and if he does not perform by said date, the Town can move on both bonds . Mr . Herrick stated that some action tests could also be taken on materials that are being used on the road off of Fiddlers Green. Mr . Herrick also stated that there was no engineer on the job. Mr . Cleveland asked if all gravel pits had to be approved by New York State . Mr . Larson informed him that they did not unless the material was to be used on a State job. Mr. Thaler suggested that the Town write Mr. Pinney a letter stating the Town will not accept the road until such time as core samples are done in a number specified by the Town Engineer and meet Town specifications . He would suggest to Mr . Pinney, that the core samples be done now. Mr . Herrick suggested a more stringent monitoring program be considered and the developer be notified that any expense incurred by the Town would be reimbursed by the project . Mr . Thaler stated that either Mr . Pinney could perform this and submit the results to the Town or the Town could do it and Mr . Pinney would then pay for it . It was the consensus of the Board that this should be a Town expense . Mr . Herrick stated this is a NON D.O.T . source of supply. 4111 Mr. Tvaroha stated that he would rather identify the problem now and would like to see the Town be in control of sampling and testing and not have to rely on the developer or contractor . Mr . Herrick suggested that Town hire a technician to take samples instead of himself as this would be less expensive . Mr . Larson stated that if the Town makes Mr . Pinney perform the added tests that all other developers should be required to do the same . Mr. Tvaroha stated that it was the "source" of the 266 continued June 16, 1993 material that is giving the Town some concern. It was the consensus of the Board to have Mr . Herrick and Mr . Larson continue sampling as they have and when the sub base material is in, Mr . Larson is to hire someone to take core samples that are acceptable to Mr . Larson and Mr . Herrick. Mr . Herrick reported the following to the Board: 1 . The Town received a letter from N .Y. S .E. and Gas regarding the survey letters for the proposed Water District No. 1111 17 . Mr . Herrick stated that parts of Sperry Lane and Lakeview "might" still be interested in the project if the cost could be lowered. Mr . Beckwith stated that he would rather see Milliken Station and the Ridge Road area as a district and then have the Lakeview - Sperry Lane area be an extension. He also felt Fiddlers Green could be a separate extension at some point . Mr . Beckwith felt the Ridge Road people should be updated on what has been happening . 2 . Mr . Thaler stated that John Anderson from the Health Department has NO problem with the sewer policy that states that anyone who is in a sewer district and has an established sewer line in front of their house and pays the access fee, can get a permit . Mr . Anderson thought it would be more appropriate to give permits to houses or lots that are in an approved section of the Horizons . Mr . Totman stated that the only reason some sections are not yet approved is because they do not have public sewer . Mr. Totman also stated that he can not issue a building permit in a subdivision that has not been approved. Mr . Totman stated that the Planning Board approved Mr . Cima's subdivision subject to the availability of public sewer . Mr. Thaler stated that if a lot has an approved sewer line in front of it , Mr . Totman can give a permit . Mr . Thaler stated that once the fee has been set, the permits could be given out . Mr . Totman handed out his report and informed the Board of the following: 1 . American Disabilities Act : Mr . Totman felt the Town should put something in motion very soon. 2 . There is a lot of debris coming in on a lot on Breed Road that is owned by Tompkins County . There have been NO permits issued for this . Mr . Totman left a message with the County . Mr . Totman did get in touch with Philip Cowels from the County Solid Waste Department and felt that he was aware of this situation. Mr . Totman will look into this further . 3 . Mr. Totman stated that the road that will soon be cut off from Milliken Station Road will need a new name . He will contact the two home owners that are involved and see if they can come up with a name. 4 . A lot of complaints are coming in from home owners in the Smugglers Path area . 5 . About ten letters have been sent out to people in regard to junk cars . 6 . A trailer has been placed on the property owned by Dorothy Delaney in North Lansing and has been hooked up to the main sewer which Mr . Totman feels is illegal . Mr . Tom Dunn from the Tompkins County Health Department proposed the following to the Delaney' s : He sent them an application for a conversion permit and stated that he will issue the permit as long as they have enough land that will take a septic system if the one that they are going to defer into runs over onto the ground. Mr . Totman does NOT agree with 267 continued June 16, 1993 this . 7 . There is a problem with the cords for Lansing Days . It was the consensus of the Board to authorize Mr . Totman to install an approved box on the outside of the Town Hall so that this can be used each year during Lansing Days . Mrs . Kirby stated that she had received a petition from the Ladoga residents asking to have their area sprayed. The DEC in Cortland suggested to Mrs . Kirby that the briquettes be used for the mosquito control as it is much more effective. It was the S consensus of the Board to have Mrs . Kirby tell the people involved that she has researched the matter and if the people can get a hold of the Tompkins County Health Department or the Department of Environmental Conservation to agree that this should be done because of the flood, they will then give justification to the Board to authorize this . Mrs . Kirby stated that last fall Bolton Point had given Mr . Totman rules to follow in regard to plumbing procedures . She stated that the Town Board has been asked to approve new rules and regulations but there is nothing in them concerning plumbing inspections other than plumbing inspections will be done . Mr . Totman will see what he has in writing and then meet with Mr . Thaler in regard to this . A copy of the minutes of May 19 , 1993, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make correction or to accept them as submitted. RESOLUTION offered by Mr . Cleveland and seconded by Mr . Butler : RESOLVED, that the minutes of May 19 , 1993 are hereby approved as submitted. Carried. AUDIT RESOLUTION offered by Mr . Beckwith and seconded by Mr . Tvaroha : RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills : General Fund 285 - 335 $ 108 , 650 . 88 Highway Fund 212 - 250 $ 24, 830 . 29 Lansing Wr . Dists . 30 - 40 $ 38 , 659 . 37 Wr . Systs . Imp. Proj . 17 $ 2 , 540 . 40 McKinney Water 3 - 4 $ 586 . 07 Lans . Lighting Dist . 6 $ 1, 110 . 02 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 Mr . Thaler stated that an opinion has been handed down stating that the collection of fees by the County, from a Town for an Election for anything other than a Special Election and special services is IMPROPER. It was the consensus of the Board to have the bookkeeper send the County a bill for payments made in the past . After a public hearing of the Town Board on May 19, 1993 which • was duly published, the following Resolution was made by Jeffrey Cleveland and seconded by Larry Tvaroha and everyone voting in favor that Local Law No . 1 for the year 1988 is hereby amended as follows : Section 8 : Solid Waste originating outside Town. No person shall transport , import or bring into the Town, or cause or permit to be transported, imported or brought into the Town, or shall throw, dump, dispose or deposit in or on any private or public land in the Town, or cause or permit to be so thrown, 268 continued June 16 , 1993 dumped, disposed or deposited, any solid waste originated or generated outside of the Town or from any source outside the Town. No person shall operate a solid waste management facility which accepts or receives solid waste originating or generated outside of the Town, except that upon written application to the Board by an approved and licensed management facility as defined herein, the Town Board may consider approving solid waste as defined in this law to be brought into the Town and placed in the solid waste management facility located in the Town of the Town Board is satisfied after a public hearing held for that specific purpose 4111 that the solid waste does not create a noxious environment , a public nuisance to the area surrounding the solid waste facility and that the solid waste facility is of sufficient capacity and has the management to avoid creation of an environmental hazard or danger to the health and welfare of the Town's people or a decrease in the value of land immediately surrounding the solid waste management facility . The Town Board shall make a written finding upon proof given to it by the applicant that the granting of the exception to this Section does not injure the health, safety and welfare of the residents of the Town. 8 . 1 The Town Board shall set a fee for any permit granted under the exception. The fee shall be based upon the weight of material being brought into the Town. 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 RESOLUTION offered by Mr . Cleveland and seconded by Mr . Butler : BE IT RESOLVED, that pursuant to the provisions of Section 8 . 1 of Local Law No . 1 for 1988 as amended, the fee' for obtaining a 1111 permit authorized by the Board as an exception shall be ten cents per ton of material brought into the Town and dumped into a licensed management facility . 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 Mr . Thaler stated that he has heard from Mr . Frank Proto authorizing him to go ahead with the legal documentation for his water extension . RESOLUTION offered by Mr . Beckwith and seconded by Mr . Butler : RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 10 : 40 P .M. Carried. RESOLUTION offered by Mr . Beckwith and seconded by Mr . Cleveland : RESOLVED, that the Executive Session be terminated and the 1111 Regular Meeting be reconvened at 10 : 55 P .M. On motion, meeting adjourned at the call of the Supervisor .