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HomeMy WebLinkAbout1993-08-18 295 August 18 , 1993 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 8 :00 P.M. on August 18 , 1993 with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeffrey Cleveland Councilman Present • Larry Tvaroha Councilman Present Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Richard John Attorney Present VISITORS: Pete Larson, Sharon Bowman, George Totman, Paul Welch, Mr . Leonard, John Hicks , Mr. & Mrs . Countryman (8 : 40 pm) , David Herrick (8 : 50 pm) . 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 gave the following informational update: Proposed: An independent volunteer organization in the form of a non-profit corporation. Offers : Larger membership potential . Greater degree of self support . Two ambulance services in compliment as opposed to a single service. Contractual capabilities - will allow town government to have an interest in, a good working relationship with and the support of the ambulance service. • Current status : Taking the required steps in the New York State Department of Health Article 30 certificate of need process . Following this process allows total involvement and the outcome to be understandable. Mr . Welch passed out an outline of Article 30 determination of need process and the items of required information in preparation. Mr . Welch stated that the Lansing Ambulance Corporation Committee intentions are to pursue the public application to the New York State Department of Health. At this time they are in the process of sending out the letter of solicitation which will include a general description of the new service, the type and level of service to be provided, the definition of public need and a request for response by a specified date . Said letter to be sent out within 10 days of which the Town Board will be copied. After a question and answering period, Mr. Welch stated that he would like the Board' s support as a whole and individually . Pete Larson, Highway Superintendent reported on the following: 1 . Mr . Larson presented the Board with the construction agreement on Hickory Knoll . After some discussion the following resolution was adopted. • RESOLUTION At a regular meeting of the Town Board held in and for the Town of Lansing on the 13th day of August , 1993 , at the Town Hall , the following Resolution was duly made by Mr . Tvaroha and seconded by Mr . Beckwith. BE IT FURTHER RESOLVED that the Town Board authorizes Supervisor, Mrs . Kirby to sign said agreement . 296 August 18 , 1993 , continued CONSTRUCTION AGREEMENT Made this 18th day of August , 1993 , BETWEEN JOHN HICKS AND SYLVIA DORSCHELL (FORMERLY HICKS) , thereafter Hicks) owners of property known as Hickory Knoll , Ithaca, New York; and TOWN OF LANSING, (thereafter Lansing) owners of the road known as Murfield Drive , Town of Lansing, New York; WHEREAS, Hicks conveyed title to Lansing of the road known as Murfield Drive by Deed dated June 19 , 1991 , which deed was recorded • in the Office of the Clerk of Tompkins County; and WHEREAS, Hicks signed an agreement with Lansing dated April 5 , 1991 , providing in part that : "The Developer shall maintain the roads until such time as the roads are finally accepted by the Town as dedicated roads . The Developer shall give the Town a one (1) year guarantee of workmanship and materials for the roads from the date of dedication; " and WHEREAS, Lansing claims that certain repairs are required pursuant to the guarantee; and WHEREAS, Lansing, by Resolution of the Town Board dated July 21 , 1993 , to withhold further building permits for Hickory Knoll development until such time as said repairs are made; and WHEREAS, the parties are willing to resolve the issue of repairs without litigation between the parties and/or against third party suppliers of materials for said road; IT IS THEREFORE AGREED that Hicks or Hicks ' representative will do the following : (1) Scarify the road for its full width ( 28 feet minimum) and its full length, including the Turn-around, to a depth of 6 inches ; III (2) Blade mix with a grader all the material torn up by (1 ) above, and blend in all old stone and oil and the limestone that was hauled in by Lansing during winter months preceding this agreement . Hicks agrees to break up the stone mixed with oil to not more than 1 1/2 inches , stone with oil to be broken up to no larger than 1 1/2 inches in diameter; (3) Dig out any soft spots found and replace material , or in the alternative to put down fabric at the depth of 18 inches; ( 4) Shape road adhering to Lansing specifications for cross slopes for roads and shoulders ; ( 5) Roll road with vibratory roller large enough to get full depth compaction; The Town Highway Superintendent to watch final rolling to be sure that no movement is observed; ( 6) Lay on road GTF-200 Exxon or other approved fabric at least 24 feet wide; (7 ) Put down minimum of 6 inches of crushed limestone over complete road, including shoulders . (8) Shape road with grader blending in existing driveways to • height of road; ( 9) Roll complete road with vibratory roller until no movement is observed in material by Lansing Highway Superintendent ; (10) Complete items (1 ) through ( 9) above by September 1 , 1993 , unless all parties agree to a later completion date. 297 August 18 , 1993 , continued IT IS FURTHER AGREED that Lansing will do the following : (1) Hire an inspector prior to onset of work to verify compliance with this agreement ; (2) Upon completion of the work above, on or before September 1 , 1993 , or upon any subsequent date agreed to by the parties , apply a coat of #1 stone and oil and apply a second coat of #1 stone and oil (to be done in September 1993 , if Town has the money available to do so; if money not available, to be done in or by June 1994) ; • (3) Provide all stone and oil required for step (2) immediately above . IT IS FURTHER AGREED that prior to onset of work, Hicks will meet with the Town of Lansing Highway Superintendent , and the grader operator to review the work to be completed pursuant to this agreement; and THAT Hicks will give a one (1) year guarantee on the road as to soft spots to begin from the date of the final rolling of limestone as provided in number ( 9) above; and That upon the completion of number (9) above, Lansing will lift its ban against issuance of building permits and will take all necessary steps to do so without delay; and That the approval of the Highway Superintendent as required in number ( 9) above shall constitute acceptance of the road repairs pursuant to this agreement . This agreement shall insure to and be binding upon the successors and assigns of the parties . 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 2 . Mr . Larson stated that the County is still perusing the speed reduction on Peruville Road to 45 mph. 3 . The Board discussed the State closing Route 34 from Asbury Road south to Waterwagon Road beginning in the Spring of 1995 . This is in order to replace the Gulf Creek Bridge . 4 . The flashing lights at the School are in place and are awaiting electrical inspection. Research has been done on who will pay the bill . Andrea Price will recommend to the School Board that the cost of operating the lights will be a school charge. 5 . The Myers Walk Bridge will be done by the end of next week. Mr . Larson would like to take the remainder of the 2 ' x4 's that are left and put them in the auction. 6 . Mr . Larson discussed the drainage outlet end problem in the Hillcrest area. Mr . Varga will be doing the work at a cost of less than 81 ,000 . 00 within the next two weeks . 1111 7 . The Board discussed the Myers Road surplus property. Mr . Tvaroha asked if it would be possible to mow the property. Mr . Larson said he could grade it off and mow it within the next couple weeks . The Board further discussed selling the abandoned land at a sealed bid auction. Kim Countryman, resident on Myers Road, addressed the Board concerning the petition that she submitted to the Board in 1991 requesting that the speed limit on Myers Road be reduced from 35mph 298 August 18 , 1993 , continued to 25 mph. She also submitted a new petition requesting that steps be taken to correct the dangerous traffic situation on Myers Road and Highway 34B. Mrs . Countryman has met with the DOT and they have done a road study on Myers Road. She presented the Board with a Speed Zone Examination Data Sheet that was done by Raymond McDougall . Mr . McDougall ' s recommendation was to lower the speed limit on Myers Road to 25mph. Mr . McDougall said that Mrs . Countryman needed a resolution from the Town Board. Mrs . Countryman asked what happened to her petition? Mrs . • Kirby responded that back in 1991 the Board at that time felt the 35mph speed limit was sufficient and installed Children at Play signs . Mr . Larson has talked with Mr . McDougall and he stated to Mr . Larson that he thought it should be lowered to 25mph due to the loss of Myers Bridge creating more traffic on Myers Road to Myers Park . After further discussion at the direction of Town Attorney, Rich John, the Board asked Mrs . Countryman to bring in a new updated petition from the residents of the Myers Road to ask for a speed reduction from 35 mph to 25 mph. RESOLUTION At a special meeting of the Town Board held in and for the Town of Lansing on the 18th day of August , 1993 , at the Town Hall , the following Resolution was duly made by Herbert Beckwith and seconded by Paul Butler , and the vote recorded as follows : 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 WHEREAS , the Town has completed an improvement project to 4111 Myers Road which realigned its route; and WHEREAS, part of the former Myers Road is still used as a Town road; and WHEREAS, the realignment of Myers Road has created confusion in that both the former and present Myers Road use the same name; therefore, it is , ORDERED, that the former section of Myers Road running from the intersection with the present Myers Road running thence southerly and then in an easterly direction to a metal barrier along the course of the former Myers Road shall be henceforth named and know as "Old Myers Road" . Dave Herrick , Town Engineer reported on the following : 1 . The referendum will be up on August 28 , 1993 for the Water District #17 and District #17 , Extension #1 . At that time the application can be sent to the Comptrollers Office . Dave asked the Board when they wanted the design process to begin? The Board decided to wait until the September 1st meeting to make a decision. Mr . Herrick also brought it up for the Boards consideration on how they want to handle the Engineering Services . Mr . Herrick also has the SEQR forms for both districts . 2 . There will be an informational meeting for the Fiddlers Green area residents on August 30 , 1993 . 3 . Mr . Herrick has targeted 6 different parcels of properties that can be considered for the Tank & Tower in the Water District #17 . Mrs . Kirby will work with Dave Herrick in contacting the owners of the properties . 299 August 18 , 1993 , continued 4 . The Water System Improvements Project should be completed by September 1 , 1993 . The amount is considerably below what was budgeted. Mrs . Kirby asked about the Village of Lansing? Mr . Herrick said the Village of Lansing has not been finalized yet . Mrs . Kirby said that this should get done and set an appointment with Ted Wixom, Mayor of the Village. 5 . The Board and Mr . Herrick discussed the Bean Hill Drainage problem. Mr. Herrick stated that he would donate his time and draft a letter to the Mr . Updike outlining the steps that need to be taken and the possible funding involved. 11111 George Totman, Code Enforcement Officer reported on the org p following: 1 . Mr . Totman presented his monthly report . 2 . Mr . Totman is still working on 6 different properties regarding Junk Cars . 3 . A trailer has been installed on the Delaney property in North Lansing without a permit . Mr . Totman has contacted the Tompkins County Health Department and they have given them until August 20 , 1993 . After that date the Health Department will take action on them. 4 . A trailer has been moved in on Sharpsteen Road, (Wade Nalley) without a permit . Mr . Totman has sent him a letter requesting he obtain a permit . 5 . Mr . Totman and Mr . Burke have met with Welch Transportation Company in regards to the Portland Point property. They are proposing to bring in barges of 1500 to 2400 tons of limestone from Oswego , NY . via Barge Canal to Portland Point . The limestone will be unloaded and stockpiled on the ground using either a clamshell 1110 bucket or excavator and belt conveyers . The limestone will then be loaded into trucks and transported by highway to Milliken Station and unloaded for use in the Advanced Flue Gas Desulfurization System (AFGD) . Synthetic Gypsum generated by the AFGD will be loaded in to the trucks at Milliken and transported to Portland Point , unloaded and either stored in the warehouse building or loaded onto the barge . They have checked with the Army Corp of Engineers and the DEC. They met with George to see what would be required from the Town. Mr . Totman stated that they would need a building permit for the repairs and modifications for a portable office . 6 . Mr. Totman discussed the Breed Road dumping . The people of the Environmental Conservation contacted him stating that there was dumping being done on Breed Road. Mr . Totman looked up this property and found that this was County property, not Town property. Rich John informed the Board that his office was still working on the Sexual Harassment Policy . The Board discussed the latest figures from the County Sales Tax. Rich John informed the Board that his office his still waiting 1111 for the formal description in regards to the turn around on Smugglers Path Road. RESOLUTION, offered by Mr . Tvaroha who moved its adoption, seconded by Mr . Butler . RESOLVED that the Town Board of the Town of Lansing does hereby accept the letter of resignation of Grace Haney from the Lansing Planning Board. The Board will also send her a letter thanking her for her services from January 1 , 1992 to July 24 , 1993 . Carried . 300 August 18 , 1993 , continued AUDIT RESOLUTION, offered by Mr . Cleveland who moved its adoption, seconded by Mr . Beckwith: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills with the exception of voucher #312 to Empire Soils in the amount of $624 . 00 . The attorney's office will write a letter to Empire Soils concerning this bill . General Fund 436-503 $ 74, 674 . 41 Highway Fund 299-335 $227 , 607 . 32 Lansing Water Dists . 46-49 $ 835 . 73 Wr . Systs . Imp . Project 23-24 $ 417 . 63 4111 ( transfer from Savings to Checking 02-101-105282 , 01-101- 105282) Lansing Lighting District 8 $ , 1 , 123 . 43 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 Mrs . Kirby discussed the recycling bills with the Board. The Town has received a bill for 25 Auburn Road for $52 . 00 , Lansing Park, $45 . 70 and Lansing Town Water District One but the parcel number indicates it is the Lansing Highway Department , $2 , 096 . 00 . Mrs . Kirby called the Village of Lansing and they did not receive one for their Highway Department . It was the consensus of the Board to contest the bill in the amount of $2 , 096 . 00 . RESOLUTION offered by Mr . Cleveland who moved its adoption, seconded by Mr . Beckwith: RESOLVED, that the bookkeeper is hereby authorized and directed to make the following budget modification at the request of the Highway Superintendent , Pete Larson. Transfer $25 , 000 . 00 from Highway Fund DB9901 . 900 to • Improvements DB5112 . 400 . 98 . 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 . Beckwith who moved its adoption, seconded by Mr . Butler : RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 10 : 45 p .m. Carried . RESOLUTION , offered by Mr . Butler who moved its adoption, seconded by Mr . Cleveland : RESOLVED that the Executive Session by terminated and the Regular Meeting be reconvened at 11 : 12 p .m. On motion, Meeting adjourned at the call of the Supervisor at 11 : 15 p .m. Minutes taken and prepared by the Deputy Town Clerk . 4111 /151--)Ch, -E-12