MINUTES of a meeting of the Board of Trustees of the
Present: Deputy Mayor Larry Fresinski; Trustees, John O’Neill, Frank
Moore and Lynn Leopold; Clerk/Treasurer Jodi Dake; Planning Board
Representative Ned Hickey; Attorney David Dubow.
Deputy
Mayor Fresinski called the meeting to order at 7:30 P.M. and opened the public
comment period. Larry Bieri of 86 Oakcrest reported that a white Lexus SUV was
spotting deer with a big light across his property. He reported it to the
Sheriff. Since he has lived in his house he has found 3 hunting arrows in his
yard. They must be shot from the road because he is on the north side of
Oakcrest.
Trustee Leopold moved to close the public comment
period. Trustee
Next on the agenda was the public hearing on Proposed Local Law E (2007).
Trustee O’Neill moved to open the public hearing.
Trustee Leopold seconded the motion. A vote was taken:
David Dubow explained that this Proposed Local law is just a simple
amendment to eliminate the restriction currently in the Sign Law on
illumination of signs identifying a real estate development, subdivision or
neighborhood. Ben Curtis, the Village
Zoning and Code Enforcement Officer, recommended this to the Planning Board
based on what he considered to be inconsistencies in the provisions governing
illumination of signs. This has been
reviewed and recommended by the Planning Board. Larry Bieri asked if the Sign
Law restricts floodlights from pointing straight up like they do next door.
Trustee O’Neill moved to close the public
hearing. Trustee Leopold seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
It was agreed that the Board would act on this later in the meeting.
The next issue on the agenda was the Deer Management Assistance Program
and the public information session that the Board had scheduled for this
meeting. John O’Neill explained that this proposed program was initiated
because no hunting has been done in the Village over that last 3-4 years and
the herds have increased in numbers. They are beautiful, but most residents
agree that there are problems that need to be considered. The deer are taking
out the forest undergrowth which means as our trees die there will be no young
trees to take there place. Each year automobile accidents account for about $1
billion in damage nationwide. What worries John the most is the Lyme disease is
a growing disease from deer ticks. John emphasized that the Village wants to
help manage the deer, not eliminate them.
John explained that the landowner involved will
decide who will be permitted on his property as “private guests”. It is
intended that this will be a carefully controlled deer hunt with a maximum of 7
certified hunters from Lansing Bow Hunters Club on the property. Each hunter
will have to pass a test and get 5 of 5 arrows in a three inch circle from 15 -
17 yards away. It is proposed that the first weekend of the season will have 4
hunters from
The following draft deer management program (DMP) was
distributed to the Board.
DEER MANAGEMENT PROGRAM
The
Being mostly a suburban area, the
The VL-DMP will be conducted in accordance with the laws of
the State of
Such hunting will be allowed only during the legal hunting season between the official beginning of sunrise until official of sunset. Annual dates for the legal hunting season are designated by the DEC.
The
GENERAL PROCEDURES:
The VL will act on behalf of landowners having the adequate area of property and otherwise qualifying under the rules and regulations of the NYS DEC’s “Deer Management Assistance Program”, in the acquisition of permits to hunt, or allow to be hunted on their property, antler less deer only, during the official bow-hunting season, as announced by the DEC each year.
Eligibility for permits is based upon management needs due to crop, forest or other vegetation damage or custom deer management interests.
DMAP tags are valid ONLY on permittee’s lands, or adjacent lands controlled by him/her. The property in question must be of size enough to ensure that no hunting will be conducted within 500’ of adjoining property or within an established fence line of an adjoining property (unless specific and written permission from the adjoining property owner is obtained). Likewise, a 500’ buffer zone must be established from any roadway. Permittee must provide the VL a sketch map of the area to be hunted to verify that his/her property meets these area requirements.
Taking is allowed by Licensed Hunters only. Tags will be issued by the VL to the Licensed Hunter(s) as identified to the VL by the landowner. There is a limit of two DMAP tags (for antler less deer) per hunter.
Permittees and hunters must report any harvest to the DEC. Hunters will be encouraged to donate excess deer to the Food Bank of the Southern Tier which works with DEC in the “Venison Donation Coalition”. Such donations will be properly field-dressed and transported to the nearest participating meat processor (to be identified by the VL). The Coalition system will pay the processor for preparation and delivery of the packaged meat.
SPECIAL PROCEDURES (
The VL will negotiate an agreement with the owner of the Murray Estates regarding permission to conduct this Program on that property. The VL will assume liability for incidents involving persons and/or property of residents of the Village with properties adjacent to the Program area.
The VL will work with the Lansing Bow Hunters Club (LBC) to post the entire 390 acres in accordance with guidelines set by the Conservation Officers for this area.
No hunting will be allowed closer than 500 feet from any residence which may be adjacent to the designated hunting area. The Village will place boundary stakes 500’ from the side of any domicile adjacent to the Murray Estates. If fencing is in place farther than 500’, that fence line will be designated as the boundary and hunting will not be permitted within that area. Letters advising of this will be distributed to those property owners well in advance of the season.
The VL will designate a FIELD COORDINATOR, acceptable to the owner of Murray Estates, Inc. to act as intermediary with the Lansing Bow Hunters Club in identifying seven qualified bow hunters to be considered by the owner as “private guests” by the owner, with permission to hunt on this property in accordance with the DMAP established by the VL.
A Qualification Test will be organized and conducted by the Field Coordinator and the Lansing Bow Hunters Club. To qualify, archers must place 5 out of 5 arrows in a 6-inch target at distances of 15, 16 and 17 yards from standing and kneeling positions.
Archers will be required to qualify each year.
This list of the seven qualified members of the LBC will include a photocopy of each person’s driver’s license (with photo) and vehicle registration (for the vehicle which will be on the property.) None of these persons should have a criminal record.
No more than 7 hunters will be allowed on the Murray Estates on any given day. The designations and perimeters of the 7 sub-sections allotted to each hunter will be assigned by the Field Coordinator. Scheduling of the hunters during those periods is the responsibility of the Field Coordinator.
A system of verifying that only designated hunters are allowed on the property on each specific day will be the responsibility of the Field Coordinator. The Field Coordinator will maintain a “sign-in” clip board which will be kept in a water-tight container next to the metal barn near the main house. This clip board will include a daily sign-in and sign-out of each hunter. The Field Coordinator will also furnish a sketch map showing to which sector an individual hunter is assigned on any given day.
No one except "private guests" will be authorized
access to the property. The owner may exercise his option to identify other
"private guests" to be allowed on the property at various times and
will coordinate this with the Field Coordinator so that there will not be 2 groups
of "private guests" on the property at the same time.
The property owner may curtail hunting at any time to prevent conflicts with visits to the property by he and/or his family or other persons invited as his guests at any time during the hunting season. He will notify DB who will immediately contact the seven persons identified by KH as "private guests" and advise them of the dates when hunting will not be allowed.
The LBC and the
Standard NYS DEC licensing and tagging regulations shall be in effect. Each hunter will be required to obtain his/her own DEC permit for one antlered and one antler less deer. The VL-DMP will provide 2 additional tags per hunter for antler less deer only, in accordance with guidance from the DEC.
In the event a deer, hit by an archer, traverses onto private property outside the boundaries of Murray Estates, the VL DPW or designated representatives will help gain that landowner’s permission to track and retrieve the deer. VL will coordinate with surrounding landowners prior to the hunting season to gain such permission in advance.
Successful archers will bring their deer to a central check point where they will be properly field-dressed. Hunters will be encouraged to donate excess deer to the Food Bank of the Southern Tier which works with DEC in the “Venison Donation Coalition”. Such donations will be transported to the nearest participating meat processor by the VL. The Coalition system will pay the processor for preparation and delivery of the packaged meat.
A report of the results of the hunt will be compiled by the VL and the LBC and provided to Murray Estates.
John explained that the “General Procedures” are designed
to be applicable to smaller landowners. The “Special Procedures” are designed
for Murray Estates and will also need to be crafted into an Agreement between
the
Hunters will be allowed to track deer on the property so
long as it is not within 500 feet of any house or fence line, as regulated by
the DEC. The Village will ask residents for permission to enter their property
if a wounded deer flees Murray Estates. If permission is not given, the hunter
will not be able to enter the premises.
Deputy Mayor Larry Fresinski said that in the years during
which hunting has not been allowed at Murray Estates, the Village has seen the
deer population rise. O'Neill said there was hunting at Murray Estates years
before, but it had ceased because of trespassers.
Hank
De Leo, who announced that he lived on
Mr. De Leo expressed a concern with public safety. He feels
that 500 feet is an inadequate distance to be from a dwelling since arrows have
been known to travel ¾ of a mile. As a taxpayer, he doesn’t want to pay for
such an incident. Hank also worries about wounded deer entering his property.
It could be disturbing for children or adults to witness a wounded deer. He
feels that killing a deer is counter productive and inhumane. He quoted studies
from
John explained that he has worked with the Federal Highway
Division, the SPCA and other organizations, and based upon his information
whistles and reflectors as Mr. De Leo suggested have been proven not to be
effective. They work for a short time and then the deer get use to them.
DEC has reported that the number of permits being issued has been going down in the last few years. In turn, we are seeing the effects of the increased deer population. It was again emphasized that the Village is not trying to eliminate the deer, just manage them.
Audrey Kahn of
Ned Hickey wondered how he could be helped at his house since the deer in his neighborhood can’t be shot.
John stated that we will do this for one year and then get a report. Dan Veanor asked how we would track success. Since there is no time to count the herds it was unclear how this would be done.
Jodi had handed out the following report to the Board of Trustees as to the responses from the letters that were sent out:
The
-1030 Cayuga Heights Rd.-Please, feel free to hunt on my property. The deer have
destroyed hundreds of dollars in plants!!!
one threatens people occasionally.
Jodi received one phone call from a lady who was disgusted with the idea of killing these beautiful animals that hang out in her yard. She will be out of town for Monday’s meeting so she was given the address so that she can send a letter. (It should be noted for these minutes that no letter has been received.)
Larry thanked the public for there comments and suggested that the Board
moves on.
Motion - To Approve the Minutes from August
6, 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 O’Neill seconded the motion. A vote was taken:
The next item on the agenda was to consider a resolution to apply to participate in the national Flood Insurance Program. Larry explained that our residents are unable to apply for flood insurance unless our Board joins the program. Jodi had spoken with Jamie Ethier of NYSDEC Bureau of Flood Protection & Dam Safety and he stated that statistics show that only 30% of flooding actually occurs in flood plains. Damage is usually done when you get the 100-year storm and you have small ditches that result in bank flooding. The definition of flooding is raising water. It was explained that there are three steps to be taken so that the Village residents can get flood insurance.
1. The Board must pass a resolution of interest.
2. A model Law must be adopted.
-to set standards
-there is already a flood map for the village
-name a local administrator, usually the code & zoning officer
-name an appeals board-BZA
3. The application then goes to Jamie and he sends it to FEMA
Dubow suggested that this proposed resolution be read carefully by the Board and reviewed by Ben Curtis. David was uncertain that any action should be taken today, as there is no rush and it is important for the Board to fully understand all of the issues involved. It was also pointed out that Ben can fill in a lot of the needed information because he dealt with this 10-12 years ago and still has a file on it.
During general discussion Larry went back to the deer issue. He stated that we have heard from the public and the Board and there is additional paperwork that needs to be completed. The application needs to be sent in by September 1st. There are no other Board meetings before that deadline.
Jodi explained how
hunting currently works in the
The second letter that
will go out to residents who border Murray Estates will focus on how to report
strange cars around the area. Anyone involved in the hunt will have to park by
the barn on
Resolution #5373- To Authorize John O’Neill to Submit the DMAP
Application
Trustee
Ned Hickey, Planning
Board Chairman, reported that at the September 17th Board of
Trustees meeting the Board would receive a request for a zoning amendment to
convert a portion of the Business and Technology District on the south side of
Ned asked if the next
newletter could have an article addressing people riding their bikes on the
sidewalk. Twice now Ned has had to move off the sidewalk for people riding
their bikes. He pointed out that
The Board went back to proposed Local Law E and completed the SEQR form.
Resolution #5374 -To Adopt the SEQR Review of Proposed Local
Law E (2007)
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law E (2007), to be designated Local Law 5 (2007) upon its adoption, to amend subsection B (3) of Section 115-6 (entitled “Permitted signs in all districts”) of Chapter 115 (entitled “Signs”) of the Village of Lansing Code so as to eliminate the restriction on illumination of a sign identifying a real estate development, subdivision or neighborhood; 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 August 20, 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 Leopold moved this resolution and Trustee
O’Neill seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Dubow added that the Tompkins County Department of Planning had done a 239 review and determined that proposed Local Law E has no negative inter-community or county-wide impacts.
Resolution #5375-To Adopt Proposed Local Law E
(2007) as Local Law 5
(2007).
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law E (2007), to be designated Local Law 5 (2007) upon its
adoption, to amend subsection B (3) of Section 115-6 (entitled “Permitted signs
in all districts”) of Chapter 115 (entitled “Signs”)
of the Village of Lansing Code so as to
eliminate the restriction on illumination of a sign identifying a real estate
development, subdivision or neighborhood; and
B. The
Village of Lansing Planning Board has (i) performed a thorough review of the
proposed action, (ii)
reviewed Proposed Local Law E (2007), and (iii) referred such Proposed
Local Law E (2007) to the Village of Lansing Board of Trustees with a recommendation for its
approval; and
C. On
August 6, 2007, the Village of Lansing Board of Trustees preliminarily reviewed
Proposed Local Law E (2007),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for August 20, 2007; and
D.
On August 20, 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 E (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 August 20, 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 August 20, 2007, the Village of Lansing
Board of Trustees completed its review of (i) Proposed Local Law E (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 Leopold moved this resolution and Trustee
O’Neill seconded the motion. A vote was taken:
Motion- To Adjourn
Trustee Leopold moved for adjournment. Trustee
O’Neill seconded the motion. A vote was taken:
The meeting adjourned at 9:32 PM.
Jodi Dake
Clerk/Treasurer