MINUTES of a meeting of the Board of Trustees of the
Present: Trustees, Larry Fresinski, Lynn Leopold, John O’Neill and Frank
Moore; Clerk/Treasurer Jodi Dake; Attorney David Dubow.
Deputy
Mayor Fresinski called the meeting to order at 7:30 P.M. and opened the public
comment period. Don Lein of
The
second issue that Don Lein raised was the overburdening deer population in the
Village. Don explained that he is a vet who has been involved with many
wildlife projects. Don stated that the Forest Home area did have sharp shooters
come in to control the deer population. This will only work if it is done on a
yearly basis. National Parks also use this method to control deer population.
Don stated that a contact would be USDA, Wildlife Services. As the population of deer increases so will
our problems. We would have healthier wildlife if we could control the deer
population.
Trustee O’Neill moved to close the public comment
period. Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
The next items on the agenda were three public hearings on proposed local
laws B, C & D. David Dubow explained that Proposed Local Law B provides for
amendments to the Zoning Law Steep Slope Conservation Combining District
provisions in the Village Code, including revised provisions as to the Village
Engineer making certain preliminary determinations and a new definition for
steep slope as provided by Tompkins County.
Motion-
To Open the Public Hearing for Proposed Local Law B (2007), Amendment to
Trustee Leopold moved this resolution and Trustee O’Neill seconded the motion. A vote was taken:
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Trustee O’Neill moved to close the public
hearing. Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Dubow explained that Proposed Local Law C (2007) provides for amendments to the Zoning Law Conservation Combining District SEQR and Environmental Review provisions in the Village Code, including revised provisions as to the Planning Board’s discretion to pursue environmental review for actions that are not otherwise subject to review under the State Environmental Quality Review Act (SEQRA). It provides clarity as to the applicability of SEQRA or other local environmental review procedures on the granting of Special Permits, including those for uses within a Drainage Way Conservation Combining District, a Steep Slope Conservation Combining District and/or a Unique Natural Area Conservation Combining District.
Motion- To Open the Public Hearing for Proposed Local Law C (2007), to Consider Amending the Village Zoning Law Conservation Combining District SEQR and Environmental Review Provisions
Trustee O’Neill moved this resolution and Trustee Moore seconded the motion. A vote was taken:
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
There was no public comment.
Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Larry stated that we had previously discussed these proposed laws in
great length.
Motion- To Open the Public Hearing for Proposed Local Law D (2007), to Consider Amending the Village Code-Sewer Rents
Trustee Leopold moved this resolution and Trustee O’Neill seconded the motion. A vote was taken:
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Dubow explained that this law was precipitated by the budget adopted by
the Board in which the water and sewer surcharge revenues were reduced in
anticipation of the consideration of this Proposed Local Law. The water rate
was lowered by resolution at the last meeting. State Law requires sewer rates
to be established by local law or resolution, which rates can only be changed
in the same fashion as originally adopted, and only after holding a public
hearing. Dan Veanor asked why the Village was lowering the rate. Larry
explained that the North Triphammer Road Project is now substantially complete
and we currently have fewer capital costs and expenses related to water and
sewer services.
Trustee O’Neill moved to close the public
hearing. Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Since 239 reviews by the County were not done on Proposed Local Law B
& C, Dubow recommended that no action be taken until responses are received
from
Resolution#5324- To Adopt Proposed
Local Law D, Amendment to
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law D (2007), to be designated Local Law 2 (2007) upon its
adoption, to amend: (i) subsection A of Section 111-21 [entitled “Rents for
property owners connected with Village of Lansing water system”] of Article II [entitled “Sewer Rents”] of Chapter 111
[entitled “Sewers”] of the Village of Lansing Code so as to decrease the annual
sewer rent charged to each owner of property with water service connection to
the Village of Lansing water system; and (ii) subsection A of Section
111-22 [entitled “Rents for property owners not connected with Village of
Lansing water system”] of Article II [entitled “Sewer Rents”] of
Chapter 111 [entitled “Sewers”] of the Village of Lansing Code so as to
decrease the annual sewer rent charged to each owner of property who is not
connected to the Village of Lansing water system.; and
B. On
April 16, 2007, the Village of Lansing Board of Trustees preliminarily reviewed
Proposed Local Law D (2007),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for May 7, 2007; and
C.
On May 7, 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 D (2007), (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; and
D.
On May 7, 2007, the Village of
Lansing Board of Trustees determined that
the approval of the proposed action is a Type II action, and thus may be
processed without further regard to Article 8 of the New York State
Environmental Conservation Law - the State Environmental Quality Review Act
(“SEQR); and
E.
On May 7, 2007, the Village of Lansing
Board of Trustees completed its review of (i) Proposed Local Law D (2007), (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
Trustee O’Neill moved this resolution. Trustee
Leopold seconded the motion. A vote was taken:
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
The
following is a copy of Local Law 2 (2007):
Amendment to
Be it enacted by the
Board of Trustees of the
Section
Having determined, based upon a number of budgetary and fiscal factors, that it is appropriate for the sewer rents charged by the Village of Lansing to be reduced; it is the purpose and intent of this local law to amend:
(i)
subsection A of Section 111-21 [entitled “Rents for
property owners connected with Village of Lansing water system”] of Article II
[entitled “Sewer Rents”] of Chapter 111 [entitled “Sewers”] of the Village of
Lansing Code so as to decrease the annual sewer rent charged to each owner of
property with water service connection to the Village of Lansing water system;
and
(ii) subsection A of Section 111-22 [entitled “Rents for property owners not connected with Village of Lansing water system”] of Article II [entitled “Sewer Rents”] of Chapter 111 [entitled “Sewers”] of the Village of Lansing Code so as to decrease the annual sewer rent charged to each owner of property who is not connected to the Village of Lansing water system.
Section II. AMENDMENT
TO THE
A.
Subsection A of Section 111-21 [entitled “Rents
for property owners connected with Village of Lansing water system”] of Article II [entitled “Sewer Rents”] of Chapter 111
[entitled “Sewers”] of the Village of Lansing Code is hereby amended so as to read in its entirety as follows:
A. Each owner
of property that is provided with water service by connecting to the Village of
Lansing Water System shall be charged, and shall be obligated to pay, an annual
sewer rent charge equal to thirty percent (30%) of the amount charged to said
property owner by the Village for water consumption. Such charge shall be calculated for all
quarterly billings from the first quarterly Bolton Point water billing after
April 1, 2007 forward, and thereafter until otherwise modified by the Village
of Lansing as permitted and required by law.
B.
Subsection A of Section 111-22 [entitled “Rents
for property owners not connected with Village of Lansing water system”] of Article II [entitled “Sewer Rents”] of Chapter 111
[entitled “Sewers”] of the Village of Lansing Code is hereby amended so as to read in its entirety as follows:
A. Each
property owner who is not connected with and does not receive water from the
Village of Lansing water system shall be charged, and shall be obligated to
pay, an annual sewer rent charge equal to sixty-six cents ($0.66) for each one
thousand (1,000) gallons of water, or portion thereof, used by such property
owner [with a minimum charge of $6.63 for each quarterly billing (provided in
subsection “C” below)].
Section III. SUPERCEDING EFFECT.
All local laws, resolutions, rules, regulations and other
enactments of the
Section IV. VALIDITY.
The invalidity of any provision of this local law shall not affect the validity of any other provision of this local law that can be given effect without such invalid provision.
Section V. EFFECTIVE
DATE.
This Local Law shall be effective upon its filing in the office of the Secretary of State.
Stormwater Discharges from Municipal
Separate Storm Sewer Systems (MS4s)
This Annual Report has been
prepared in compliance with the NYS Department of Environmental Conservation
permitting requirements for small MS4s, which includes the
· Public Education and Outreach on Stormwater Impacts
· Public Involvement/Participation
· Illicit Discharge Detection and Elimination
· Construction Site Stormwater Runoff Control
· Post-Construction Stormwater Management
· Pollution Prevention/Good Housekeeping for Municipal Operations
MCM 1: Public Education/Outreach on
Stormwater Impacts
The Village has been actively involved with
the Stormwater Coalition of
MCM 2: Public Involvement/Participation
As with MCM 1, the Village has benefited from
the efforts of many organizations and agencies to include public in storm water
activities, such as litter clean-ups, stream bank stabilizations, trash and
hazardous waste management and volunteer monitoring of local streams and the
MCM 3: Illicit Discharge Detection and
Elimination
The Village has not yet adopted regulations
to control illicit discharges to Village waterways and storm sewers, but will
be working on this in the coming months. Illicit discharges, such as dumping
wastewaters directly into the Village’s storm sewers, are already prohibited
under the Tompkins County Sanitary Code. Certain discharges, such as dumping
waste oil or other pollutants into the storm sewer system or local ditches and
streams, will be prohibited by Village law.
MCM 4: Construction Site Storm water Runoff
Control
The Village must adopt a stormwater law that requires stormwater controls on any new developments one acre or larger. Many projects are already using the latest DEC-required methods on construction sites, since many requirements already exist in Village subdivision regulations. New developments must submit Stormwater Pollution Prevent Plans, which the Village Planning Board/Engineer reviews. The Village hopes to adopt a local law late this year. In 2006, Tompkins County Planning performed a Gap Analysis, a survey of all Village’s codes and regulations, to see how our stormwater controls compared to NY State’s sample stormwater law. The analysis found that while we have many areas that are similar, we still have to adopt a local law that covers everything required by the State. The Village Code Enforcement Officer has attended DEC training workshops on stormwater in the past year.
MCM 5: Post-Construction Stormwater
Management
This requirement is much like the previous one, except that once the development is finished, the area must be monitored to ensure that stormwater does not cause erosion that will carry sediment off the site. Again, the same issues apply to adopting state requirements as part of our local law. For both MCM 4 and 5, the Village will need to adopt some sort of funding mechanism to cover the additional costs of review, monitoring and in some cases, remediation.
MCM 6: Pollution Prevention/Good
Housekeeping for Municipal Operations
The Village also must comply with stormwater regulations in its own municipal operations, such as highway, bridge, park, rights-of-way and building maintenance. We already have many measures in place to ensure that pollutants are properly managed and not allowed to enter our waterways. Examples: road salt is stored in its own closed building, retention basins and storm sewers checked and cleaned annually. DPW staff will probably need to have some additional training on pollution prevention.
The point of all this effort:
Deb from TG Miller was present to answer any questions the
Board may have. Deb did training in the Town of
There was much concern with this unfunded mandate.
We currently don’t have volunteer monitors who would do
creek walks and look for abnormalities. This is something that could be
published in the next newsletter.
Lastly,
Next on the agenda was the approval of minutes from April 12th
& 16th, 2007.
Motion - To Approve the Minutes from April
12th & 16th, 2007.
Trustee O’Neill 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
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
The next item on the agenda was to consider a Temporary
Certificate of Occupancy for Don Edwards at
Resolution #5325 -To Authorize the
Code & Zoning Officer to Issue a Temporary Certificate of Occupancy for Don
Edwards at
Trustee Leopold moved to approve this TCO. Trustee
O’Neill seconded the motion. A vote was taken:
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John
O’Neill-Aye
Next on the agenda was the Annual Organizational Meeting.
2007 Organizational Meeting
Trustee Leopold moved to appoint Mario Tomei to the Planning Board.
Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
Trustee O’Neill moved to appoint
Richard Durst as an alternate to the Planning Board. Trustee
Deputy Mayor Larry Fresinski-Aye Trustee Lynn Leopold –Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
RESOLUTION #5328-Appointment of Member to Board of Zoning Appeals
Trustee O’Neill moved to appoint Patrick Gillespie to the Board of Zoning Appeals. Trustee Leopold seconded the motion. A vote was taken:
Trustee Leopold moved to appoint Dolores Adler as an alternate to the Board of Zoning Appeals. Trustee O’Neill seconded the motion. A vote was taken:
Trustee Fresinski moved to
authorize the Mayor to appoint Jodi Dake as Clerk/Treasurer of the
Trustee O’Neill moved to authorize
the Mayor to appoint Carol Willard as Clerk Part Time of the
Trustee O’Neill moved to establish
the Ithaca Journal as the Village’s official newspaper. Trustee
Official Holidays for 2007-08
Sept 3 Labor Day
Jan 21 Martin Luther King Day
Feb 18 Presidents Day
Rosh Hashannah is September 13th so moving noon meeting to Wednesday September 12th
Trustee O’Neill moved to establish
the meeting days. Trustee
Trustee O’Neill moved to adopt
Roberts Rules of Order as the procedural guidelines for Village meetings.
Trustee
Municipal Law 77-b authorizes municipal officials and employees to attend schools, conferences, seminars, etc. conducted for the benefit of the local government. However, such attendance is not authorized, nor can reimbursement be applied for, unless prior approval of the board of trustees is obtained. It would be appropriate at the organizational meeting to adopt a resolution authorizing certain individuals, by position, to attend meetings.
Be it Resolved, that the Board of
Trustees hereby grants permission for the Clerk/Treasurer, Jodi Dake, to attend
the
Trustee Leopold moved to have the clerk/treasurer attend the NYCOM Conference. Trustee O’Neill seconded the motion. A vote was taken:
Be it Resolved, that the Board of Trustees hereby grants permission for the Code & Zoning Officer to attend the following three conferences:
International Codes Conference
Planning Federation in September
NYSBOC in the
Trustee O’Neill moved to have the Code & Zoning Officer to attend the three listed Conference as the budget permits. Trustee Leopold seconded the motion. A vote was taken:
WHEREAS all such claims shall be presented at the next regular meeting of audit,
Trustee O’Neill moved to authorize
the Clerk/Treasurer to pay the above stated bills prior to audit by the Board
of Trustees. Trustee
Trustee O’Neill moved to establish
the salaries for the Board members at $4,250 and for the Mayor at $11,000.
Trustee
Trustee Leopold moved to set the
compensation rate for the Planning Board at $6,000 for the chairman and $3,000
for each member. Trustee
Trustee O’Neill moved to set the compensation rate for the BZA members at $50 per meeting for each member. Trustee Leopold seconded the motion. A vote was taken:
Trustee Leopold moved to appoint Donald Hartill as the elected S.C.L.I.W.C representative. Trustee O’Neill seconded the motion. A vote was taken:
Trustee O’Neill moved to appoint Michael Newman as the non-elected S.C.L.I.W.C representative. Trustee Leopold seconded the motion. A vote was taken:
Trustee O’Neill moved to appoint
Diane Schmidt as a member of the Tompkins
County Youth Board. Trustee
WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid, and
WHEREAS, the Villages procurement policy which was approved on January 7, 1992 states that there will be an annual review of the policy, therefore
Trustee O’Neill moved to adopt the
Procurement Policy. Trustee
Resolution#5346 -Investment Policy
Trustee Leopold moved to adopt the Investment Policy. Trustee O’Neill seconded the motion. A vote was taken:
NOW THEREFORE BE IT RESOLVED:
Section 1. That the Board of Trustees does hereby designate the following institutions as depositories of all moneys received by the Village treasurer, clerk, and receiver of taxes:
Tompkins Trust Company
M&T Bank
Chase Manhattan Bank
First
Section 2. That this resolution shall take effect immediately.
Trustee Leopold moved to adopt this resolution. Trustee Fresinski seconded the motion. A vote was taken:
Resolution #5348-Capital Assets Policy
Trustee
Jodi stated that the Village
received a letter back from NYSEG concerning obtaining electric services at