Village of Lansing
MINUTES of a meeting of the Board of Trustees of the
Present: Mayor Donald Hartill; Trustees, Larry Fresinski, Lynn Leopold,
John O’Neill and Frank Moore; Clerk/Treasurer Jodi Dake; Attorney David Dubow;
Planning Board Chairman Ned Hickey.
Mayor
Hartill called the meeting to order at 7:33 P.M. and opened the public comment
period. It was acknowledged by Mayor Hartill that Mayor Walter Lynn from the
Village of Cayuga Heights was present at the meeting. There were no comments.
Trustee Fresinski moved to close the public
comment period. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee-Larry Fresinski -Aye Trustee Frank Moore-
Aye Trustee John
O’Neill-Aye Trustee
Lynn Leopold-Aye
The next item was a public hearing on Proposed Local Law A. Dubow
introduced the proposed law. He explained that this law addresses the front and
side yard setbacks for irregular shaped lots. This proposal came about when Ben
Curtis, Village Code & Zoning Officer, received a proposal and he
discovered that the Village Zoning Law provisions provide for discretionary
action by the Village Code & Zoning Officer in the case of rear yard
identification for irregular lots, but not for side and front yards.
Motion- To Open the Public Hearing on Proposed Local Law A (2007) to Consider Amending the Village Codification-Zoning Law Front Yard and Side Yard Definitions
Trustee Leopold moved to open the public hearing.
Trustee O’Neill seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski -Aye Trustee Frank Moore-
Aye Trustee Lynn
Leopold-Aye Trustee
John O’Neill-Aye
David Dubow stated the County
and adjoining municipalities had all been notified. Tompkins County Planning
reviewed the proposal and determined that it has no negative inter-community or
county-wide impacts. The only municipality to respond was the Town of
Motion- To Close the Public Hearing
Trustee O’Neill moved to close the public
hearing. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski -Aye Trustee Frank Moore-
Aye Trustee Lynn
Leopold-Aye Trustee
John O’Neill-Aye
The Board decided to postpone completing the SEQR and acting on the
proposed local law until later in the meeting.
The next item on the agenda was a presentation on Deer Management by Curt
Armstrong and Dave Riehlman from the State Department of Environmental
Conservation, Region 7 Wildlife Division out of
People place many values, both positive and negative, on deer. Whether
deer are desirable or not is a matter of personal opinion. People, such as motel, restaurant and
sporting goods store owners derive income from the deer related activities of
others. Others enjoy watching them. Some of the problems are property damage
and personal injuries that occur due to deer/car collisions. Deer feeding often
causes damage to trees, shrubs, gardens and agricultural crops. Personal health
concerns also arise due to some diseases.
Hunting is not allowed within 500 feet of a dwelling unit, church or
school grounds. A land owner can get a nuisance permit, but if there are
landowners within 500 feet of his property he must also get their permission.
This is a NYSDEC regulation. The Village cannot regulate hunting or fishing.
They can, however, have regulations or ordinances that are stricter for their
area as the
Municipalities can get more permits to distribute. It was asked what can
be done with all this deer meat. There are people who will take the deer, grind
it up into hamburger meat and they then donate it to not for profit
organizations. This information can be found online.
If a deer is shot and wanders onto private property, a hunter must
contact the Sheriff. The Sheriff will go to the property owner and ask if they
may go on the property to retrieve the deer.
There are some experimental fertility control agents. This is done with
biobullets, but if you aren’t tagging the deer than you don’t know which have
been previously hit. It was asked if the fertilization they did in the Village
of Cayuga Heights decreased the population. Dave would hesitate to say that it
did because the harsh winter of 2002-03 was more likely the cause of deer
reduction.
Frank asked if management was a regional effort. Curt stated that
management is from unit to unit. Each area has different habitats and harvest
materials.
The discovery of Chronic Wasting Disease (CWD) in
Curt presented the Deer Management Assistance Program (DMAP). This
program offers landowners and land managers opportunities to improve deer
management on the lands they own or control. There are strict rules and
regulations on how to do this. The DMAP
program was set up to be a site specific management tool. Currently they have
issued 207 DMAP permits. DMAP addresses hot spots that need management. It has
been a very popular and successful program.
To enroll in the program, an application must be submitted by September 1st.
The different application categories are agricultural, municipality,
significant natural communities, forest regeneration or custom deer management.
One must come up with a plan that identifies the specific deer problem and
clearly describes the management goals and how progress will be evaluated. The
Mayor stated that there are about 30-35 deer each killed each year on our 16
miles of road here in the Village. Dave stated that our plan could be based on
that identified problem and our goal could be to reduce this number to a much
lower number such as 10.
The Regional Department Wildlife Manager can provide a management plan
outline to applicants to help them meet this requirement. Dave has no municipal
category applicants and has called around to other regions, but no one seems to
have a plan for a municipality. There are lists of available hunters that can
be provided to the Village. There is no limit on the number of DMAP tags that
can be requested by a municipality, but one must prove that they are using most
of them. If an applicant fails to report the results of previous DMAP permits
in a timely manner the next year’s application may be rejected.
Walter Lynn asked if this could be done on a county-wide scale. Dave
stated that it is not customary or desirable to do on such a large, but each
municipality could do it.
Lynn Leopold asked what the trend was in hunting permits. Dave stated
that the number of licenses is down and the effort is less. The average age of
hunters is increasing. Dave stated that this year there were 35 hunting related
accidents.
Basically, It was concluded that hunting is the only effective way of
controlling the deer population. Relocating deer is not allowed because it is
simply moving the problem instead of solving it, and it can spread disease.
Sterilization techniques are still in the experimental stages and are not
reliable. The Village will look into the
options of DMAP and nuisance permits.
The Mayor changed the agenda so that they could next consider the
Millcroft Road Dedication. Viola and Bob Miller and their attorney Mike May
were all present. David Dubow explained that when a new subdivision goes in we
usually get offered the roads for dedication. David is still awaiting
further word from Brent Cross, who is intending to speak with John
Courtney about one remaining open item. There will be a warranty period
and a security deposit as usual. Brent Cross will present this to the Board
after the public hearing. Frank asked if David knew of any reason why the Board
should not accept the road. He did not.
Resolution #5300-To
Accept Offer of Dedication of
WHEREAS, the Village of Lansing has prior hereto received in writing from Millcroft Trust (“Millcroft”) an Offer of Dedication for Millcroft Way located in Phase I of the Millcroft Subdivision in the Village of Lansing; and
WHEREAS,
the
NOW, THEREFORE, be it
resolved by the Board of Trustees of the
1. The Village of
a. Satisfactory conclusion of the public hearing to be
held in reference to the dedication of the subject property in accordance with
Sections 6-612 and 6-614 of the Village Law of the State of
b. Confirmation from the Village Engineer that (i) all required work with respect to the proposed road right of way and related improvements has been completed as required and (ii) acceptance of the road right of way and related improvements is thereby recommended;
c. Delivery to, review by and approval of the Village Attorney of original and executed copies of each and every title document, conveyance document, warranty document, financial security document and other related documents required in order to complete conveyance of the subject property in accordance with all applicable provisions of the State of New York and Village of Lansing laws, rules and regulations, such conveyance to include (i) all water and sewer mains and other improvements located within the bounds of such premises, and (ii) an easement for a temporary turnaround at the southeasterly end (in Lot 20 of such Subdivision) of Millcroft Way as offered for dedication;
d. Receipt by the Village Attorney from Millcroft of a satisfactory and fully updated abstract of title and all related title and transfer documents to confirm that the premises will be conveyed free and clear of all liens and encumbrances other than customary public utility easements of record; and
e. Recording and filing of the warranty deed conveying the subject property to the Village of Lansing, and recording and filing of any other documentation necessary to complete the conveyance of such property free and clear of all liens and encumbrances other than customary public utility easements of record.
2. A public hearing shall be conducted in
regard to this Offer of Dedication at the next regularly scheduled meeting of
the Board of Trustees of the
The
Trustee Fresinski moved this resolution. Trustee O’Neill seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski -Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye Trustee John
O’Neill-Aye
As Bob Miller was leaving he stated that he would be open to a deer hunt up in the Millcroft area.
Ned Hickey, Planning Board Chairman, presented some proposed changes to the Greenway Plan. The Greenway Plan was originally adopted in 1994. Since then we have done a lot of planning and adding to our greenway. The first proposal was to change the name of this document to “The Village Greenway and Park Plan”. The Planning Board also recommended that our new goal be to “Establish neighborhood parks in new and existing residential neighborhoods when the current or proposed population density indicates a need for recreational facilities”. Since we do not have this document on disk, it was recommended that the following exhibits be added to the plan as an addendum:
Exhibit A; “A Greenway Plan Update”
Exhibit B; “Street Addresses for Village Tax Parcels”
Exhibit
C; “Requirements for the Reservation of Parkland and
Subdivisions”
Larry stated that it would be very easy to scan this document in and update it.
The Trustees received a copy of a
proposed Intermunicipal Shared Services Agreement that was provided to David
Dubow by the Town of
Next on the agenda was approval of minutes from January 11, 2007.
Motion - To
Approve the Minutes from January 11, 2007
Trustee Leopold moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee Larry Fresinski -Abstain Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye Trustee John
O’Neill-Aye
The next item on the agenda was to discuss the upcoming budget schedule. Jodi explained that Carol usually bases when she sends out the newsletter on when the budget hearing is scheduled. There is no meeting Feb 19th (President's Day). There are meetings on March 5th & 19th. There is no meeting April 2nd due to Passover. The only April Meeting is therefore Monday the 16th which is one day beyond the statutory deadline for the Village to hold its public hearing. Jodi has called NYCOM and asked what their opinion was about having it on the 16th since the 15th falls on a Sunday, and they think its ok. Jodi also consulted Dubow on this matter, who indicated that there is statutory authority for extending the date when the 15th falls on a Sunday, and also a State Comptroller opinion that addresses exactly this situation. It was confirmed that everyone on the Board plans on being at the meetings in March and April.
It was proposed that the Board pass a resolution on March 19th to have the public hearing for April 16th. This would mean that everyone would have to have his or her budget recommendations to Mayor Hartill by February 23rd so that a tentative budget could be prepared for the March 5th meeting.
During Mayors comment Don explained that he had finally received and reviewed the engineer’s report for the Town’s proposed sewer project that he had been awaiting for some time, and had done a reanalysis of the Village’s share of the proposed sewer project costs. The following is what was presented to the Board:
Reanalysis of the
Village’s Share of the Sewer Costs
In rethinking the fair way to approach the costs of the
trunk sewer line costs there are several corrections that should be applied to
the original proposed MOU between the Village and the Town of
1. The bond act funding for the trunk sewer line is only 31% of the total project cost (2,283 k$/7,290 k$ = 0.31) so the assumption of 50% in the original MOU is incorrect.
2. The gravity line
down
3. Part of the
gravity system in the Town of
With these corrections the Village’s share of the trunk system amounts to:
Gravity line down
= 570 k$ x 0.69(local share) x 0.5(useful life) x 0.75 (14 inch dia. vs 24 inch dia.)
= 147 k$
= (2,440 – 570) k$ x 0.69(local share) x 0.08(use fraction)
= 103 k$
Gravity Trunk in Village north of
= 890 k$ x 0.69(local share) x 0.57(fraction in Village) x 0.04 (fraction of Village users)
= 14 k$
In addition to the Village Share of the Trunk Line Project
the Village would also install a parallel gravity line beside the forced main
for the project and construct a small pump station near the sharp bend in
Combining this with the Village Share of the Trunk Line, the total project cost would be:
Total Project Cost = 682 k$.
The Village would share the operating and maintenance cost
of the forced main along
As in the previous version of the MOU, the share of the capital costs of the forced main along Cayuga Heights Road and the gravity main north of Burdick would be revisited every five years and adjusted based on the ratio of the EDU’s in the Village and the Town using the facility at that time. If there were to be a significant increase in use by either party, the ratio would be adjusted sooner.
Frank stated that at the last Town sewer meeting Mary Chapel raised many questions as to how the funding and financing would work.
Dubow asked if the Board would like to go back and vote on Proposed Local Law A. The first step was to complete the SEQR Review. The Board reviewed Part I of the SEQR Short EAF that Dubow had prepared and then completed Part II, finding that the proposed action will not result in any significant adverse environmental impacts.
Resolution #5301-SEQR Review of Proposed Local Law A (2007)
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law A (2007), to be designated Local Law 1 (2007) upon its adoption, providing for the amendment of Section 145-3 (entitled “Terms defined”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code by revising the definitions of the terms “Yard, front” and “Yard, side” so as to provide for the exercise of discretion by the Zoning Officer in determining the location of the side yard(s) and front yard(s) in the case of irregular lots, such revisions to include additional language consistent with the language (in the definition of “Yard, rear”) granting similar discretion to the Zoning Officer as to the location of rear yards in the case of such irregular lots; and
B. This proposed action is an Unlisted Action for which the Village of Lansing Board of Trustees is an involved agency for the purposes of environmental review; and
C. On February 5, 2007, the Village of Lansing Board of Trustees, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (“SEQR”), (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) completed the Short EAF, Part II;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOW:
1. The Village of Lansing Board of Trustees, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required; and:
2. The Responsible Officer of the Village of Lansing Board of Trustees is hereby authorized and directed to complete and sign as required the Short EAF, Part III, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF shall be attached to and made a part of this Resolution.
Trustee Fresinski moved to approve the foregoing
resolution. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski -Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye Trustee
John O’Neill-Aye
Since there was a negative declaration, the Mayor presented the following resolution:
Resolution #5302- To Adopt Proposed Local Law A (2007) to Amend the Village Codification-Zoning Law Front Yard and Side Yard Definitions as Local Law 1 (2007)
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law A (2007), to be designated Local Law 1 (2007) upon its
adoption, providing for the amendment of Section 145-3 (entitled “Terms
defined”) of Chapter 145 (entitled “Zoning”) of the
Village of Lansing Code by revising the definitions
of the terms “Yard, front” and “Yard, side” so as to provide for the exercise
of discretion by the Zoning Officer in determining the location of the side
yard(s) and front yard(s) in the case of irregular lots, such revisions to
include additional language consistent with the language (in the definition of
“Yard, rear”) granting similar discretion to the Zoning Officer as to the
location of rear yards in the case of such irregular lots; and
B. The
Village of Lansing Planning Board has (i) performed a thorough review of the
proposed action, (ii)
reviewed Proposed Local Law A (2007), and (iii) referred such Proposed
Local Law A (2007) to the Village of Lansing Board of Trustees with a recommendation for its
approval; and
C. On
December 18, 2006, the Village of Lansing Board of Trustees preliminarily
reviewed Proposed Local Law A
(2007), discussed its purposes and intent, and thereupon scheduled a public
hearing thereon for February 5, 2007; and
D.
On February 5, 2007, the Village of Lansing
Board of Trustees held a public hearing regarding this proposed action, and
thereafter discussed and reviewed (i) Proposed Local Law A (2007) as
recommended by the Village Planning Board, (ii) all other information and
materials rightfully before the Board, and (iii) all issues raised during the
public hearing and/or otherwise raised in the course of the Board’s
deliberations;
E.
On February 5, 2007, the Village of
Lansing Board of Trustees determined that the proposed action is an Unlisted
Action for which the Board is an involved agency, and thereupon, in performing
the lead agency function for its independent and uncoordinated environmental
review in accordance with Article 8 of the New York State Environmental
Conservation Law - the State Environmental Quality Review Act (“SEQR”), the
Board (i) thoroughly reviewed the Short Environmental Assessment Form (the
“Short EAF”), Part 1, and any and all other documents prepared and submitted
with respect to this proposed action and its environmental review, (ii)
thoroughly analyzed the potential relevant areas of environmental concern to
determine if the proposed action may have a significant adverse impact on the
environment, including the criteria identified in 6 NYCRR Section 617.7(c),
(iii) completed the Short EAF, Part 2; and (iv) made a negative determination of
environmental significance (“Negative Declaration”) in accordance with SEQR for
the above referenced proposed action and determined that an Environmental
Impact Statement would not be required;
and
F.
On February 5, 2007, the Village of
Lansing Board of Trustees completed its review of (i) Proposed Local Law A
(2007) as recommended by the Village Planning Board, (ii) all other information
and materials rightfully before the Board, and (iii) all issues raised during
the public hearing and/or otherwise raised in the course of the Board’s deliberations;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOW:
1. The Village of Lansing Board of Trustees hereby adopts Proposed
Local Law A (2007), to be designated Local Law 1 (2007).
Trustee
Mayor Donald Hartill-Aye Trustee Larry Fresinski -Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye Trustee John
O’Neill-Aye
David advised the Board that NYS has adopted a requirement that all Planning & Zoning Boards members are to have 4 hours of continuing education each year unless otherwise modified or waived by the municipality. This training can be accomplished in various ways, including in house programs. There are also many local resources. If a member has more than 4 hours in a year, the excess credit can be carried over to the next year. Ned stated that all Planning Board members have been to a conference in the last two years. Frank feels this is a very good idea because they need to be educated. You can’t be on a board and vote if you don’t know what you are talking about.
Jodi has received her new computer and Williamson Law Book will be here on Wednesday to move over her accounting, budget, tax and water programs. The Board agreed to surplus the Clerk/Treasurer’s computer and allow her to purchase it.
Resolution #5303- To Surplus the
Clerk/Treasurer’s Intel P4 Computer
Which was
Originally Purchased in 2002.
Trustee Fresinski moved this resolution. Trustee
O’Neill seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Lynn Leopold-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
Motion- To Go Into Executive Session to Discuss
Personnel Issues
Trustee Leopold moved to go into executive
session. Trustee O’Neill seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Lynn Leopold-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
The Board went into executive session at 10:00PM.
Motion- To Come Out of Executive Session
Trustee Leopold moved to come out of executive
session. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Lynn Leopold-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
The Board came out of executive session at 10:25PM.
Resolution #5304 - To Authorize the Mayor to Use
His Best Judgment and Discretion In Addressing the Problems Related to the
Individual Employee discussed in Executive Session and Taking Appropriate
Action Related Thereto
Trustee Fresinski moved this resolution. Trustee
Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Lynn Leopold-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
Motion- To Adjourn
Trustee Fresinski moved for adjournment. Trustee
Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Lynn Leopold-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
The meeting adjourned at 10:28 PM.
Jodi Dake
Clerk/Treasurer