MINUTES of a meeting of the Board of Trustees of
the
Present: Mayor Donald Hartill; Trustees, Larry
Fresinski, John O’Neill, Lynn Leopold, and Frank Moore; Clerk/Treasurer Jodi
Dake; Attorney David Dubow.
Mayor Hartill called the
meeting to order at 7:36 P.M. and opened the public comment period. 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 Lynn Leopold –Aye
Trustee Frank Moore- Aye
Trustee John O’Neill-Aye
Trustee Larry Fresinski-Aye
John Bailey of the George B. Bailey Insurance
Agency was present to give his annual brief summary of the Village’s insurance
coverage. He provided the following
written summary:
COVERAGE DESCRIPTIONS
PROPERTY
Coverage will continue to be written, for both building and contents, on a blanket replacement value basis in the amount of $1,460,370. This means that $1,460,370 would be available to replace any structure and its contents, listed in the policy. By providing coverage in this manner, the Village would be assured of having enough coverage to replace any structures and contents, owned by the Village. A property deductible is $1,000 per occurrence.
Coverage is provided for any direct physical loss to buildings or contents, subject to specific standard exclusions in the policy, i.e. Flood, Earthquake, Law or Ordinance, etc.
GENERAL LIABILITY
The Commercial General Liability policy provides liability coverage for Bodily Injury and Property Damage arising out of the operations of the Village. It also covers the existence hazards of streets and roads that the Village is responsible for maintaining.
The premium is based upon the expenditures in the budget and the road miles that the Village is responsible for maintaining. John explained that the Village is only negligent if the clerk has received a written notice of problem and nothing is done about it after the Village was made aware of the problem.
AUTOMOBILE
The Automobile policy covers all owned, non-owned and hired automobiles used by the Village. A coverage amount of $1,000,000 is provided for Bodily Injury and Property Damage liability. Collision and Comprehensive are provided on the 2005 Chevrolet and 2007 Chevrolet with $250 deductibles.
CONTRACTORS EQUIPMENT FLOATER
(Inland Marine Coverage)
This policy covers contractor’s equipment owned by the Village. It includes such items as lawn mowers, backhoes, tractors and larger vehicles like dump trucks. The deductible applicable to losses on this policy is $250 per occurrence.
UMBRELLA
The Umbrella policy provides excess liability coverage of $3,000,000 over the primary limits of liability on the General Liability, Public Officials Liability and Automobile Liability. This combines to provide the Village a total of $4,000,000 of coverage for any judgments related to the above policies. The Village increased the coverage amount from $1,000,000 to $3,000,000 in 1999.
BOILER & MACHINERY
The policy covers a wide range of equipment including breakdown of such things as mechanical or electrical equipment, boilers and pressure vessels, air conditioning and refrigeration equipment, computer and communication systems.
OWNERS & CONTRACTORS PROTECTIVE LIABILITY (OCP)
An OCP policy is provided in the amount of $1,000,000 for
special hauling and work permits required by the State of
PUBLIC OFFICIALS LIABILITY
This policy covers Village Officials for civil claim or claims first made against the Town because of a “wrongful act” rendered in discharging their duties on behalf of the Town. A “wrongful act” means any alleged or actual breach of duty, or violation of federal, state, or local civil rights, by an insured while acting within the scope of his/her duties as a public official. A $2,500 deductible applies per claim.
CRIME COVERAGE
This coverage protects the Village for the dishonest acts of its employees. $50,000 of coverage is provided per employee should they be involved in stealing property or money from the Village. An additional $7,500 of coverage is applicable to those individuals occupying the position of Mayor and Village Clerk. $35,000 of additional coverage is applicable to the person occupying the position of Tax Collector. A $250 deductible applies to this policy.
The Board wondered if this amount was high enough. John will get back to the Village as to the cost to increase it.
SELECTIVE INSURANCE COMPANY
PREMIUM SUMMARY
2006-2007 2007-2008
COVERAGE
General Liability $6,440 $6,508
Automobile $2,450 $2,490
Inland Marine $518 $600
Property $2,708 $2,442
Umbrella $3,250 $3,329
OCP (Owners and Contractors Protective) $255 $255
Crime (Fidelity, Forgery, Money & Securities) $100 $107
Public Officials Liability $3,443 $3,429
Boiler & Machinery INCL. INCL.
TOTAL ANNUAL PREMIUM $19,164 $19,160
John stated that he is confident in the Village’s
insurance carrier and the amount of coverage we have. He explained that we are
presently in a soft market so rates are flat or have even lowered slightly. He
appreciates the fact the Village staff keeps him informed.
John O’Neill asked John Bailey to look into
insurance issues relating to FEMA Flood Coverage and a controlled bow hunt of
deer being contemplated by the Village Board. John Bailey agreed to obtain and provide
some additional information regarding coverages and premiums.
The next item on the agenda was to discuss the
Sewer Memorandum of Understanding. Mayor Hartill reported that he met with Steve
Farkas, Town of
The next item on the agenda was to consider proposed Local Law B (2007). David Dubow had previously sent Jodi an e-mail with all of the draft documents, all of which were provided to the Board members for their review prior to tonight’s meeting.
In light of the General
Municipal Law Section 239 -l and -m response received from the County Planning
Department and the findings and recommendation included in that response, David
indicated that he had suggested to Ben Curtis and Ned Hickey that the Village
Planning Board review the County's response, and then update their
recommendation to the Board of Trustees regarding Proposed Local Law B.
The Planning Board did in fact have a somewhat lengthy discussion at their last
meeting. It was ultimately determined that the County's concern was in
some respects well-founded. However, rather than modifying the proposed
amendment as suggested by the County, the Planning Board concluded that the
amendment in question (granting to the Village Engineer the authority to waive
special permit approval and environmental review requirements in limited steep
slope use cases) should be eliminated entirely, thereby leaving the current
Zoning Law provision in place requiring special permit approval and
environmental review by the Planning Board for all uses on parcels subject to
steep slope combining district classification. Accordingly, on the assumption
that the Board of Trustees would concur with the Planning Board's latest
recommendation, David had modified Proposed Local Law B as required (leaving
only the amendment to sub clause 2 of Village Code subsection 145-48C providing
for a more accurate and clarified description of Steep Slope Combining District
boundaries), and has also modified the draft approval resolution to reflect (i)
the Board's review and consideration of the County response and the Planning
Board's recommendation, (ii) the Board's determination to modify the original
Proposed Local Law, and (iii) the Board's further determination that the
modification to the Proposed Local Law is not deemed "substantial." He
explained that the purpose of the non-substantial characterization of the
modification is to avoid the need to go through an entirely new review process
(with another public hearing) for this Proposed Local Law B. There is some
authority in New York that such a new review process is required if the Board
determines that the changes to the original Proposed Local Law are in fact
"substantial." Given that the change in this case is to simply leave the
current Village Code provision (subsection 145-48B) in place without revision,
David indicated that he is quite comfortable in having the Board take the
position that doing so does not constitute a "substantial" change to Proposed
Local Law B. Since the change is in essence to make no change to the current
provision, it would obviously appear to be impractical and unnecessary to have a
new public hearing on leaving an existing Village Code provision unchanged.
Obviously, it is ultimately the Board's decision as to whether they want to
modify the Proposed Local Law as recommended by the Planning Board (based upon
the County's comments), and whether or not they deem the modification to be
"substantial."
The Board reviewed and completed the SEQR Short EAF Part
II and made a negative declaration. The following SEQR resolution was
presented:
Resolution #5359 - SEQR Review for Proposed Local Law B (2007)
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law B (2007), to be designated Local Law 3 (2007) upon its adoption, to amend (i) subsection 145-48B of Section 145-48 [entitled “Conservation Combining District (CC)] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, and (ii) sub clause (2) of subsection 145-48C [entitled “Dimensions and boundaries; see Zoning Map”] of Section 145-48 [entitled “Conservation Combining District (CC)] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code so as to provide a more accurate and clarified description of the dimensions and boundaries of those areas of the Village of Lansing that are to be deemed included as part of one or more Steep Slope Conservation Combining Districts within the Village of Lansing, and so as to further provide for those instances when Special Permit approval and environmental review by the Planning Board are not required for a proposed use in a Steep Slope Conservation Combining District within the Village of Lansing; 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 July 2, 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.
John O’Neill moved this resolution and Trustee Moore seconded the motion. A vote was taken.
Frank commented that he thinks that the new “steep slope” language could be clearer. Larry reiterated that the language being used is the same language used by the Tompkins County Planning Department. David Dubow explained that Ben was comfortable with their formula and that the County had super-imposed the steep slope areas on our Village Zoning Map. It was suggested that Frank speak with the County. Frank feels it is not a big deal to change the language if that is what it means. He just feels that it is unnecessarily confusing. Larry indicated that he likes Frank’s clarification but thinks we should have the same language as the County. The Board decided that the sheet that frank prepared will be attached to the official minutes for clarification. Larry feels that Frank’s concerns should also be forwarded to the County.
Resolution #5360-To Adopt Proposed Local Law B as Local Law 3(2007)
WHEREAS:
A.
This
matter involves consideration of the following proposed action: Adoption of Proposed Local Law B
(2007), to be designated Local Law 3 (2007) upon its adoption, to amend (i)
subsection 145-48B of Section 145-48 [entitled “Conservation Combining District
(CC)] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, and
(ii) sub clause (2) of subsection 145-48C [entitled “Dimensions and boundaries;
see Zoning Map”] of Section 145-48 [entitled “Conservation Combining District
(CC)] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code so as to
provide a more accurate and clarified description of the dimensions and
boundaries of those areas of the Village of Lansing that are to be deemed
included as part of one or more Steep Slope Conservation Combining Districts
within the Village of Lansing, and so as to further provide for those instances
when Special Permit approval and environmental review by the Planning Board are
not required for a proposed use in a Steep Slope Conservation Combining District
within the Village of Lansing; and
B. The Village of Lansing Planning
Board has (i) performed a thorough review of the proposed action, (ii) reviewed Proposed Local Law B
(2007), and (iii) referred such Proposed Local Law B (2007) to the
Village of Lansing Board of Trustees with a recommendation for its
approval; and
C. On April 16, 2007, the Village of Lansing Board of
Trustees preliminarily reviewed Proposed Local Law B (2007),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for May 7, 2007; and
D. 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 B (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;
and
E.
On
July 2, 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
July 2, 2007, the Village of Lansing Board of Trustees acknowledged receipt of
(i) the response (including findings and recommendations) from the Tompkins
County Department of Planning with respect to its review of Proposed Local Law B
(2007) pursuant to Section 239 – l and –m of the General Municipal Law and (ii)
the revised recommendation form the Village Planning Board following that
Board’s consideration of the County Section 239 – l and –m response, which
recommendation is to eliminate that portion of Proposed Local Law B (2007) that
provides for an amendment to Subsection 145-58B of the Village Code permitting
the Engineer for the Village, upon his or her determination that a proposed use
in a Steep Slope Conservation Combining District will not cause any adverse
environmental impact, to waive the
otherwise applicable requirement for Special Permit
approval and environmental review by the Planning Board for such proposed use;
and
G. On
July 2, 2007, the Village of Lansing Board of Trustees completed its review of
(i) Proposed Local Law B (2007) as originally recommended by the Village
Planning Board, (ii) the response (including findings and recommendations) from
the Tompkins County Department of Planning with respect to its review of
Proposed Local Law B (2007) pursuant to Section 239 – l and –m of the General
Municipal Law, (iii) the modified recommendation by the Village Planning Board,
(iv) all issues raised during the public hearing and/or otherwise raised in the
course of the Board’s deliberations, and (v) all other information and materials
rightfully before the Board; and
H. On
July 2, 2007, based upon its foregoing review, the Village of Lansing Board of
Trustees determined that Proposed Local Law B (2007), if to be approved, should
be modified in light of the foregoing response from the Tompkins County
Department of Planning and the updated recommendation of the Village Planning
Board, thereby further determining that such modification to Proposed Local Law
B (2007) eliminating one of the proposed amendments to the Village Zoning Law
Steep Slope Combining District provisions (resulting in no modification to the
provision in question) is not a substantial change;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOW:
1. The Village of
.
Trustee O’Neill moved to Adopt Local Law 3
(2007). Trustee Leopold seconded the motion. A vote was
taken:
The following is a copy of Local Law 3 (2007):
AMENDMENT TO
Be it enacted by the Board of
Trustees of the
Section
It is the purpose and intent of this local law to amend sub clause (2) of subsection 145-48C [entitled “Dimensions and boundaries; see Zoning Map”] of Section 145-48 [entitled “Conservation Combining District (CC)] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code so as to provide a more accurate and clarified description of the dimensions and boundaries of those areas of the Village of Lansing that are to be deemed included as part of one or more Steep Slope Conservation Combining Districts within the Village of Lansing.
Section II.
AMENDMENT TO THE
Sub clause (2) of subsection 145-48C [entitled “Dimensions and boundaries;
see Zoning Map”] of Section 145-48 [entitled “Conservation Combining District
(CC)] of Chapter 145 [entitled “Zoning”] of the
(2)
The Steep Slope Conservation Combining District includes all lots that
contain slopes of greater than fifteen percent (15%) based upon a USGS DEM
(digital elevation model) which interpolates values between 20' contours
calculated within a 33.3' grid cell, as delineated on the Zoning
Map.
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 (i) its filing in the office of the Secretary
of State and (ii) ten (10) days after publication and posting as required by
law; provided, however that it shall be effective from the date of service as
against a person served with a copy thereof, certified by the Village Clerk, and
showing the date of its passage and entry in the Minutes of the Village Board of
Trustees.
The next item on the agenda was to consider Proposed Local
Law C (2007), Amendment
To
Environmental Review
Provisions. David reported that the
County had no comments on this proposed law.
The Board reviewed and completed the SEQR Short EAF Part II
and made a negative declaration. The following SEQR resolution was
presented:
Resolution #5361-SEQR Review of Proposed Local Law C (2007)
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law C (2007), to be designated Local Law 4 (2007) upon its adoption, to amend Section 145-37 [entitled “Environmental Review”] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, (ii) Section 145-60.1 [entitled “Compliance with State Environmental Quality Review Act”] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, and (iii) subclasses (1), (2) and (3) of subsection 145-61B [entitled “Special Permits in Conservation Combining District”] of Section 145-61 [entitled “Special Permits in combining districts”] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, so as to provide in each case clarification as to the applicability of the State Environmental Quality Review Act (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; 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 July 2, 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 O’Neill moved this resolution. Trustee
Leopold seconded the motion. A vote was taken:
Resolution #5362- To Adopt Proposed Local Law C as Local Law 4
(2007)
WHEREAS:
I.
This
matter involves consideration of the following proposed action: Adoption of Proposed Local Law C
(2007), to be designated Local Law 4 (2007) upon its adoption, to amend Section
145-37 [entitled “Environmental Review”] of Chapter
145 [entitled “Zoning”] of the Village of Lansing Code, (ii) Section 145-60.1 [entitled “Compliance with
State Environmental Quality Review Act”] of Chapter 145 [entitled “Zoning”] of the Village of
Lansing Code, and (iii) subclauses (1), (2)
and (3) of subsection 145-61B [entitled “Special
Permits in Conservation Combining District”] of Section 145-61 [entitled “Special Permits in combining
districts”] of Chapter 145 [entitled “Zoning”] of the Village of Lansing
Code, so as to provide in each case clarification as
to the applicability of the State Environmental Quality Review Act (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;
and
J.
The Village of Lansing Planning
Board has (i) performed a thorough review of the proposed action, (ii) reviewed Proposed Local Law C
(2007), and (iii) referred such Proposed Local Law C (2007) to the
Village of Lansing Board of Trustees with a recommendation for its
approval; and
K.
On April 16, 2007, the Village of Lansing Board of
Trustees preliminarily reviewed Proposed Local Law C (2007),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for May 7, 2007; and
L.
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 C (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;
and
M.
On
July 2, 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
N. On
July 2, 2007, the Village of Lansing Board of Trustees completed its review of
(i) Proposed Local Law C (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
Trustee
The following is Local Law 4
(2007):
AMENDMENT TO
Be it enacted by the Board of Trustees of the
Section
It is the purpose and intent of this local law to amend:
(i)
Section 145-37 [entitled “Environmental Review”] of Chapter 145 [entitled “Zoning”] of the
(ii)
Section 145-60.1 [entitled “Compliance with State Environmental Quality Review Act”] of Chapter 145 [entitled “Zoning”] of the
(iii) subclauses (1), (2) and (3) of subsection 145-61B [entitled “Special Permits in Conservation Combining District”] of Section 145-61 [entitled “Special Permits in combining districts”] of Chapter 145 [entitled “Zoning”] of the Village of Lansing Code, so as to provide in each case clarification as to the applicability of the State Environmental Quality Review Act (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.
Section II.
AMENDMENT TO THE
A.
Section 145-37 [entitled “Environmental Review”]
of Chapter 145 [entitled “Zoning”] of the
§ 145-37. Environmental
review.
An environmental review may be required before
issuance of any building land use permit or Special Permit, in accordance with
the applicable provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and the implementing regulations
codified in Section 617 of Title 6 of the New York Code of Rules and Regulations
(SEQRA), or in the event that the proposed action is exempt under SEQRA, in
accordance with any other environmental review required under this Chapter 145
for the purpose of determining whether the proposed action will have any
significant adverse environmental impacts.
B.
Section 145-60.1 [entitled “Environmental
Review”] of Chapter 145 [entitled “Zoning”] of
the
§
145-60.1. Compliance with State
Environmental Quality Review Act.
The Board authorized to consider the Special
Permit application shall comply with the applicable provisions of the State
Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and the implementing regulations codified in
Section 617 of Title 6 of the New York Code of Rules and Regulations
(SEQRA), or in the event that the proposed action is exempt under SEQRA, in
accordance with any other environmental review required under this Chapter 145
for the purpose of determining whether the proposed action will have any
significant adverse environmental impacts.
C.
The introductory sentence of sub clause (1) of subsection 145-61B [entitled “Special Permits in
Conservation Combining District”] of Section
145-61 [entitled “Special Permits in combining districts”] of Chapter 145
[entitled “Zoning”] of the Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
(1) Special conditions for Drainage way Conservation
Combining District. Drainage way Conservation Combining District uses will be
granted a Special Permit only after the Planning Board has satisfied the
requirements of SEQRA, or in the event that the proposed action is exempt under
SEQRA, the Planning Board has satisfied the requirements of its own independent
environmental review for the purpose of determining whether the proposed action
will have any significant adverse environmental
impacts.
D. The
introductory sentence of sub clause (2) of
subsection 145-61B [entitled “Special Permits in Conservation Combining
District”] of Section 145-61 [entitled
“Special Permits in combining districts”] of Chapter 145 [entitled “Zoning”] of
the Village of Lansing Code is hereby amended
so as to read in its entirety as follows:
(2) Special conditions for Steep Slope Conservation
Combining District. Steep Slope Conservation Combining District uses will be
granted a Special Permit only after the Planning Board has satisfied the
requirements of SEQRA, or in the event that the proposed action is exempt under
SEQRA, the Planning Board has satisfied the requirements of its own independent
environmental review for the purpose of determining whether the proposed action
will have any significant adverse environmental
impacts.
E.
The introductory sentence of sub clause (3) of subsection 145-61B [entitled “Special Permits in
Conservation Combining District”] of Section
145-61 [entitled “Special Permits in combining districts”] of Chapter 145
[entitled “Zoning”] of the Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
(3)
Special conditions for Unique Natural Area Conservation Combining
District. Unique Natural Area Conservation Combining District uses will be
granted a Special Permit only after the Planning Board has satisfied the
requirements of SEQRA, or in the event that the proposed action is exempt under
SEQRA, the Planning Board has satisfied the requirements of its own independent
review for the purpose of determining whether the proposed action will have any
significant adverse environmental impacts.
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 (i) its filing in the office of the Secretary of State and (ii) ten (10) days after publication and posting as required by law; provided, however that it shall be effective from the date of service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees.
Next on the agenda was the approval of minutes
from June 4th, 14th & 18th, 2007. Jodi
submitted a few budget transfer changes for the June 4th minutes
which the Board agreed to. All sets of minutes have been reviewed by the Village
Attorney and Trustees.
Motion - To
Approve the Minutes from June
4th, 2007 as Amended.
Trustee Fresinski 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 Leopold seconded the motion. A vote was taken:
Motion - To
Approve the Minutes from June
14th, 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:
Motion - To
Approve the Minutes from June
18th, 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 Leopold seconded the motion. A vote was taken:
The Mayor had no additional comments.
During general discussion, David Dubow explained
that as part of the subdivision approval granted by the Planning Board with
respect to property of Jeffery C. Uotila, a condition was imposed at the
recommendation of Brent Cross, the engineer for the Village, that the portion of
the property between the centerline and southerly right of way line of Bush Lane
be conveyed to the Village to confirm the Village’s ownership of that portion of
Bush Lane.
The following proposed resolution was presented
to the Board for its consideration:
Resolution #5363-Accept a Portion of Uotila’s
Property that is Part of Bush Lane
WHEREAS, the Village of Lansing Planning Board has approved a subdivision of property of Jeffrey C. Uotila, which property is 7.11 acres in size, fronts on Bush Lane, and is identified as Tax Parcel Number 45.2 -1-45.1; and
WHEREAS, the conditions of such subdivision approval provided for the transfer and conveyance to the Village of the portions of the property situated between the centerline of Bush Lane and the southerly right of way line of Bush Lane, such conveyance being intended to confirm the Village’s claim of ownership of and title to such portion of Bush Lane; and
WHEREAS, the Village Board of Trustees wishes to confirm its willingness to accept the conveyance of such property;
NOW, THEREFORE, be it resolved by the Board of Trustees of the
1. The Village of Lansing hereby confirms its willingness to accept the transfer and conveyance by Jeffrey C. Uotila of the portions of his property (being identified as Tax Parcel Number 45.2 -1-45.1) situated between the centerline if Bush Lane and the southerly right of way line of Bush Lane, such conveyance being intended to confirm the Village’s claim of ownership of and title to such portion of Bush Lane, provided, however, that the conveyance and title and transfer documents related thereto are subject to the approval of the Village Attorney;
2. Upon such Village Attorney approval, the Mayor is hereby authorized to execute all required closing documents necessary to effectuate the intended transfer and conveyance of such property; and
3. Upon such Village Attorney approval, the Clerk/Treasurer is hereby authorized to issue payment for all required and customary expenditures associated with the intended transfer and conveyance of such property.
Trustee Leopold moved this resolution. Trustee
O’Neill seconded the motion. A vote was taken:
John O’Neill reported that the EEMA/flood
insurance paperwork is being filled out. He also asked if we had chosen a
representative for NIMS. Don stated that he still needs to contact the County to
get some clarification but feels that John Courtney would be the best person to
represent the Village since he has already completed most of the necessary
courses.
John O’Neill reported that he continues to work
on the permit for the controlled deer hunt. The permit process will start August
13th. The bow hunting season will be from September
27th-October 19th. He will be emailing more information to
the Trustees. Don stated that we must also get an agreement with the property
owner.
Frank stated that the next sewer meeting is July
11th. He raised the
question as to what would be happening next. It was confirmed that further
agreement would need to be reached with the Town on the matters earlier
discussed. Don indicated that he would prepare a draft
proposal.
Motion- To Adjourn
Trustee Fresinski moved for adjournment. Trustee
Leopold seconded the motion. A vote was taken:
The meeting adjourned at 9:25 PM.
Jodi Dake
Clerk/Treasurer