MINUTES of a meeting of the Board of Trustees of the
Present: Mayor Donald Hartill; Trustees, John O’Neill, Frank Moore, Larry
Fresinski and Lynn Leopold; Clerk/Treasurer Jodi Dake; Attorney David Dubow.
Mayor
Hartill called the meeting to order at 7:30 P.M. and opened the public comment
period. There were many students present but no comments.
Trustee O’Neill moved to close the public comment
period. Trustee
Next on the agenda was the public hearing on Proposed Local Law F (2007).
Trustee O’Neill moved to open the public hearing.
Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald
Hartill-Aye Trustee
John O’Neill-Aye
David Dubow explained that this Proposed Local Law F is to provide for
rezoning of a portion of the current Business & Technology District to
Human Health Services District. This will accommodate future growth of the
Cayuga Medial Associates, a partner of the
David advised the Board that the Planning Board has reviewed this
proposal and recommended approval of the proposed zoning change. Their main
concern was the potential amount of traffic that would be generated by the
proposed development on the property in question and its impact on both the
Arrowwood and NYS Rt. 13 intersections with
The Board was advised that Tompkins County Planning and the Town of
Don stated that this law would have no impact on the Empire Zone. All
parties affected have indicated that they are supportive of this change in
zoning. John O’Neill was concerned that this proposed re-zoned property is a
long ways in for a fire truck and that there was only one access, being Arrowwood
and Brentwood Drives, to and from
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
Trustee-Larry Fresinski-Aye
The Board completed the SEQR Review and based upon the Board’s review of the applicable criteria and the traffic study, it was found that there were no negative impacts.
Resolution
#5381-SEQR Review of Proposed Local Law F
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law F (2007), to be designated Local Law 6 (2007) upon its adoption, to amend the Village of Lansing Zoning Law and Zoning Map so as to reflect the extension to the north and east of the existing boundaries of the portion of the Human Health Services District (HHSD) situated to the east of Warren Road; 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 October 1, 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 FOLLOWS:
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 to close the public
hearing. Trustee Leopold seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
Resolution #5382-To Adopt Proposed Local Law F as Local Law 6 (2007)
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law F (2007), to be designated Local Law 6 (2007) upon its
adoption, to amend the Village of Lansing Zoning Law and Zoning Map so as to
reflect the extension to the north and east of the existing boundaries of the
portion of the Human Health Services District (HHSD) situated to the east of
Warren Road; and
B. The
Village of Lansing Planning Board has (i) performed a review of the proposed
action and (ii) referred such proposed action to the Village of Lansing
Board of Trustees with a
recommendation for its approval; and
C. On
September 12, 2007, the Village of Lansing Board of Trustees preliminarily
discussed the purposes and
intent of Proposed
Local Law F (2007), and thereupon scheduled a public hearing thereon for
October 1, 2007; and
D.
On October 1, 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 F (2007), (ii) the
Village of Lansing Planning Board’s recommendation of the proposed action, (iii)
all other information and materials rightfully before the Board, and (iv) all
issues raised during the public hearing and/or otherwise raised in the course
of the Board’s deliberations; and
E.
On October 1, 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 October 1, 2007, the Village of Lansing
Board of Trustees completed its review of (i) Proposed Local Law F (2007), (ii)
the Village of Lansing Planning Board’s recommendation of the proposed action,
(iii) all other information and materials rightfully before the Board, and (iv)
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 FOLLOWS:
1. The Village of
.
Trustee Leopold moved to adopt Local Law 6.
Trustee Fresinski seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
The following is Local Law 6:
AMENDMENT OF THE VILLAGE OF LANSING ZONING LAW AND ZONING MAP TO EXTEND TO THE NORTH A PORTION OF THE EXISTING NORTHERLY BOUNDARY OF THE HUMAN HEALTH SERVICES DISTRICT
Be it enacted
by the Board of Trustees of the
SECTION I. PURPOSE AND INTENT.
The purpose and intent of this Local Law is to amend the Village of Lansing Zoning Law and Zoning Map so as to reflect the extension to the north and east of the existing boundaries of the portion of the Human Health Services District (HHSD) situated to the east of Warren Road, it having been determined that (i) the additional area to be added to the Human Health Services District (HHSD) is required and appropriate to better serve the purposes of that District, and (ii) the addition of such area to the Human Health Services District (HHSD) will not have any undue adverse effect on the Business and Technology District (BTD) and Medium Density Residential District (MDR) from which such area will be removed.
SECTION II. AMENDMENTS.
The Village of Lansing Zoning Law and Zoning Map are
hereby amended so as to (i) provide for the extension further to the north and
east of the existing boundaries of the portion of the Human Health Services
District (HHSD) situated to the east of Warren Road; (ii) provide for the
similar extension to the north of the existing southerly boundary of the
adjoining Business and Technology District (BTD); (iii) provide for the similar
extension to the east of the existing westerly boundaries of the adjoining
Business and Technology District (BTD) and Medium Density Residential District
(MDR); (iv) reestablish and confirm the relocated northerly and easterly
boundary lines of the Human Health Services District (HHSD), the relocated
southerly boundary line of the adjoining Business and Technology District
(BTD), and the relocated westerly boundary lines of the adjoining Business and
Technology District (BTD) and Medium Density Residential District (MDR); and
(v) reestablish and confirm the location of all of the boundaries of the Human
Health Services District (HHSD).
Specifically, the area bounded on the south by the current northerly
boundary of the Human Health Services District (HHSD), on the west by the
easterly right-of-way line of Warren Road, on the north by the southerly
right-of-way line of NYS Route 13, and on the east by a projection of the line
that forms the current easterly right-of-way line of Brentwood Drive is hereby
reclassified from its existing Business and Technology District (BTD) zoning
designation to a new Human Health Services District (HHSD) designation.
Accordingly, the boundaries of the Human Health Services District (HHSD)
incorporating the foregoing amendment to the
Beginning at a point South 88 degrees 24 minutes West a distance of 300 feet, more or less, along the southerly corporation line of the Village of Lansing (being the division line between the Village of Lansing and the Town of Ithaca) from the intersection of such corporation line with the approximate westerly right-of-way line of Warren Road; thence North 00 degrees 24 minutes West crossing Uptown Road, and extending along the westerly boundary lines of Parcel A [tax parcel 46.1-6-6.21 (now or formerly of Arleo)] and Parcel B [(part of tax parcel 46.1-6-6.22 -- now or formerly of Cornell University)], as such Parcels A and B are set forth on a certain survey map entitled “Subdivision Map Showing Lands of Cornell University” dated August 26, 1993 and last revised February 23, 1994, by T.G. Miller P.C. (which map is filed in the Village of Lansing and the Tompkins County Clerk’s Office), to a point marked by an existing iron pin at the northwest corner of said Parcel B; thence north 89 degrees 42 minutes East along the northerly boundary line of said Parcel B a distance of 245 feet, more or less, to a point at the intersection of such northerly boundary with the approximate westerly right-of-way line of Warren Road; thence North 88 Degrees 58 minutes East crossing Warren Road a distance of 137 feet to a point marking the approximate easterly right-of-way line of said Warren Road; thence North 03 degrees 13 minutes East along the easterly right-of-way line of said Warren Road a distance of 218 feet to a point marking the intersection of said right-of-way line with the southerly right-of-way line of NYS Route 13; thence North 67 degrees 18 minutes East along the southerly right-of-way line of said NYS Route 13 a distance of 696 feet to a point; thence continuing North 88 degrees 13 minutes East along the southerly right-of-way line of said NYS Route 13 a distance of 278 feet to a point; thence South 02 degrees 55 minutes East (along in part the easterly right-of–way line of Brentwood Drive) crossing Arrowwood Drive and continuing a total distance of 1315 feet to a point in the aforesaid southerly corporation line of the Village of Lansing; thence South 88 degrees 24 minutes West along said southerly corporation line of the Village of Lansing a distance of 60 feet to a point marking the intersection of said southerly corporation line of the Village of Lansing with the westerly right-of–way line of Brentwood Drive; thence continuing South 88 degrees 24 minutes West along said southerly corporation line of the Village of Lansing, crossing Warren Road, and continuing a total distance of 1317 feet to the point or place of beginning.
The above referenced parcel to be reclassified from its existing Business and Technology District (BTD) zoning designation to a new Human Health Services District (HHSD) designation and the aforesaid description of the boundaries of the Human Health Services District (HHSD) incorporating such reclassified parcel are depicted on a certain map entitled “Zone Map Showing Proposed Parcel to be Re-Zoned Human Health Services District Village of Lansing, Tompkins County, New York,” dated September 14, 2007, prepared by T.G. Miller, P.C., Engineers and Surveyors, a copy of which is on file with the Village of Lansing.
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 ten (10) days after publication and posting as required by law, except 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.
Don explained that the noise we hear in the meeting room is the variable
frequency drive pumps next door. Bolton Point has a new system which needs some
additional work.
The next item on the agenda was to consider renewing our agreement with
the Intermunicipal Recreation Partnership. Dubow stated that, as the Board may
recall, at a previous meeting the Board was presented with a proposed new
agreement. David and Jodi both reviewed it in August. It has been circulated to
all the participating municipalities and a few minor changes were made. To
continue our participation in this program, the Village must pass a resolution
adopting the agreement. Dan Veanor of the Lansing Star asked why we do this
arrangement when the Town of
Resolution #5383-To
Adopt the 2008-2012 Intermunicipal Recreation Partnership
Agreement
Whereas, the
Whereas, the Recreation Partnership
has been an excellent model of intermunicipal collaboration which enables the
Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and
Ulysses, the Village of Lansing and the City of Ithaca and Tompkins County to
jointly plan, finance, and share a more diverse set of high quality recreation
programs than any single municipality could offer on its own and
Whereas, the current Intermunicipal
Recreation Partnership Agreement will end December 31, 2007 and
Whereas, the Recreation Partnership
Board, comprised of representatives from participating municipalities wishing
to continue this innovative partnership, has reviewed the current agreement and
voted on June 7, 2007 to adopt the attached, updated Agreement for the period
of January 1, 2008 through
December 31, 2012, and
Whereas, municipalities in the
Recreation Partnership values Tompkins County’s commitment to building
collaborative intermunicipal solutions to meeting needs of youth, and Tompkins
County’s contribution is essential in enabling smaller municipalities to
participate affordably, and
Whereas, the Agreement must be
approved by the elected board of each participating municipality to take
effect, now therefore be it
Resolved, that the 2008-2012
Intermunicipal Recreation Partnership Agreement is approved and further
Resolved, in approving the Agreement,
The Village of Lansing agrees to abide by its terms and conditions and further
Resolved, that the
Resolved, that a copy of this
resolution be sent to the Recreation Partnership Board care of Tompkins County
Youth Services Department at
Resolved, that the Chief Elected Official (Mayor Hartill) be, and hereby is, authorized to sign the Intermunicipal Recreation Partnership Agreement on behalf of the Village of Lansing, provided there are no substantive changes subsequent to this approval,
Trustee O’Neill moved to adopt this resolution.
Trustee Leopold seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
Approval of minutes was next on the agenda.
Motion - To Approve the Minutes from August
16 & September 12, 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
Motion - To Approve the Minutes from August
20, 2007.
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:
The next item on the agenda was to consider a resolution to apply to participate in the national Flood Insurance Program. John explained that our residents are unable to apply for flood insurance unless our Board joins the program. John had spoken with Jamie Ethier of NYSDEC Bureau of Flood Protection & Dam Safety and Jamie assured him that there were no additional costs. There will be additional administrative duties but John spoke with the Code & Zoning Officer and he will do the reports and perform the other local administrative duties as required. It was indicated that the Village first looked into this in 1987 when Ted Wixom was Mayor.
Resolution #5384- To Apply To Participation in the National Flood
Insurance Program
WHEREAS, certain areas of the Village of Lansing are subject to periodic flooding and flood-related erosion, causing serious damages to properties within these areas; and
WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and
WHEREAS, it is the intent of the Board of Trustees to require the recognition and evaluation of flood or flood-related erosion hazards in all official actions relating to land use in areas having these hazards; and
WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36;
NOW, THEREFORE, BE IT RESOLVED, that this Board of trustees hereby:
1. Assures the Federal Emergency Management Agency that it will enact as necessary, and maintain in force for those areas having flood or flood-related erosion hazards, adequate land use and control measures with effective enforcement provisions, including:
a. Require permits for all proposed construction or other development in the community so that it may determine whether such construction or other development is proposed within the floodplain.
b. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law.
c. Review and maintain all permit applications to determine whether proposed building sites will be reasonably safe from flooding.
d. Review and maintain all permit applications to ensure that any development activities are consistent with criteria set forth in Section 60.3 of the National Flood Insurance Program Regulations.
2. Vests Code & Zoning Officer with the
responsibility, authority, and
means to:
a. Assist the Administrator, at his/her request, in
the delineation of the limits of the area having special flood or flood-related
erosion hazards.
b. Provide such information as the Administrator may
request concerning present uses and occupancy of the floodplain or
flood-related erosion areas.
c. Cooperate with federal, state and local agencies
and private firms which undertake to study, survey, map and identify floodplain
or flood-related erosion areas, and cooperate with neighboring communities with
respect to management of adjoining floodplain and/or flood-related erosion
areas in order to prevent aggravation or existing hazards.
d. Submit on the anniversary date of the community’s
initial eligibility an annual report to the Administrator on the progress made
during the past year within the community in the development and implementation
of floodplain management measures.
e. Upon occurrence, notify the Administrator, in
writing, whenever the boundaries of the community have been modified by
annexation or the community has otherwise assumed or no longer has authority to
adopt and enforce floodplain management regulations for a particular area. In
order that all Flood Hazard Boundary Rate Maps accurately represent the
community’s boundaries, include within such notification a copy of a map of the
community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished
floodplain management regulatory authority.
f. Ensure that the community’s Flood Insurance Rate
Maps are maintained and kept current by providing the Federal Emergency
Management Agency with any new or updated flood risk data or any modified data
reflecting natural or man-made changes to the floodplain.
3. Appoints the Code & Zoning Officer to maintain
for public inspection and to furnish request, for the determination of
applicable flood insurance risk premium rates within all areas having special
flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate
Map, any certificates of flood-proofing, and information on the elevation (in
relation to mean sea level) of the level of the lowest floor (including
basement) of all new or substantially improved structures, and include whether
or not such structures contain a basement, and if the structure has been flood
proofed the elevation (in relation to mean sea level) to which the structure
was flood proofed;
4. Agrees to take such other official action as may be
reasonably necessary to carry out the objectives of the program.
Trustee O’Neill moved to adopt this resolution.
Trustee Leopold seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
During general discussion John stated that he emailed everyone a copy of
proposed changes to the Village Code involving hunting and firearms and bow
safety. Dubow in turn handed out a
proposed local law that that he had prepared taking into account the suggested
changes with some modifications and additions. It was explained that currently
the only property in the Village upon which hunting is allowed with permission
from the Board of Trustees is Murray Estates property, which is the former
Sundown’s Farm. Larry questioned why we had to restrict hunting at the local
level if there are already State laws for hunting. The Mayor would like to have
more control and look at each instance on an individual basis. After much
discussion the Board agreed upon a revised Proposed Local Law G that will
incorporate the agreed upon changes and additions, which Dubow will then
provide to Jodi so that they can be mailed to the Trustees.
Resolution #5385- To Hold a Public Hearing on
Proposed Local Law G (2007) Amendment To Village of Lansing Code-Firearm and
Bow Safety Law at 7:35pm on October 15, 2007
Trustee Leopold moved to set a public hearing.
Trustee O’Neill seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
John O’Neill informed the Board that the planned hunt on Murray Estates has been canceled. He explained that the owner of this property didn’t feel that there was sufficient time to work out the legal issues and other details, so it has been postponed until next year. Jodi stated that we did receive permission from DEC to participate in the 2007 Deer Management Assistance Program (DMAP) and we received 50 DMAP tags.
Mayor Hartill stated
that he is having a meeting Wednesday with Suit Kote, Fisher Associates and
John Courtney to try and close out the remaining items on the North Triphammer
Road Project. There are still some issues with landscaping and negotiations
with respect to the year delay. We finally have a signage agreement for the
sign in front of
The Mayor reported that the pump noise situation next door will be discussed at the Bolton Point Commission meeting tomorrow night. They had talked about splitting the slab to cut down on the vibration, but because there is already a split, another one will do nothing to improve the situation. A temporary solution will be to run the pumps only during non-business hours.
The Mayor also reported that there are no changes with the sewer situation. We are still trying to help the Town in any way we can. It is still unsure how the Bond Act Funding will all work out.
Motion- To Adjourn
Trustee Fresinski moved for adjournment. Trustee
O’Neill seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
The meeting adjourned at 9:20 PM.
Jodi
Dake
Clerk/Treasurer