MINUTES of a meeting of the Board of Trustees of the
Present: Mayor Donald Hartill (arrived late); Trustees, John O’Neill,
Frank Moore, Larry Fresinski and Lynn Leopold; Clerk/Treasurer Jodi Dake;
Attorney David Dubow.
Deputy
Mayor Fresinski called the meeting to order at 7:32 P.M. and opened the public
comment period. There was no public comment.
Trustee Leopold moved to close the public comment
period. Trustee O’Neill seconded the motion. A vote was taken:
Next on the agenda was the public hearing on Proposed Local Law G (2007).
David Dubow explained that at the October 1st meeting the Board
looked at a preliminary version. After the Board discussed this proposed law,
Dubow incorporated the suggested changes. Basically, this law extends the
hunting restrictions to be Village-wide. It also deletes what is now an
unnecessary section, and revises what is now new section 67-6 to incorporate
more explicit conditions in the event that the Board of Trustees grants
approval under this section for bow hunting on specific properties and in
accordance with a DEC deer management program adopted by the Board. The amended conditions for such approved bow
hunting include a formula to figure the number of hunters allowed on a parcel.
Some additional
Trustee Leopold moved to open the public hearing.
Trustee O’Neill seconded the motion. A vote was taken:
Dan Veanor asked for some clarification on the number of hunters allowed.
Dubow explained that it allows for 1 hunter per 10 acres, but with a minimum of
two hunters. This is to address the safety issue of hunting alone. Dan also
questioned whether there was any other property that meets the criteria for
hunting other than Sundown Farms. John O’Neill stated that there are two
possible other places in the Village that hunting could be possible. Lansing
Trails II and the Millcroft area are technically qualified also. It was
emphasized that the only hunting that is permitted is under our program and
subject to all of the conditions imposed.
It was also indicated that no such hunting was anticipated this year. It
was explained that the
Trustee O’Neill moved to close the public
hearing. Trustee
Trustee John O’Neill-Aye Trustee-Larry
Fresinski-Aye
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Frank expressed his concern with conditions #9 under section
67-6 of Proposed Local Law G. The following
is the version of condition #9 that Frank verbally
proposed at the meeting:
"(9) In the event that such longbow discharge results in the
wounding of a deer and that deer's movement to an adjacent property, the person
responsible for such wounding must not enter the property without obtaining the
owner's permission. If the deer is dead, it may be removed with the
owner's permission. If the wounded deer is alive, the appropriate animal
control officer must be summoned to deal with the wounded deer in accordance
with State and Local law."
Frank’s indicated that his
essential concern (not very well expressed above) is that our "local
ordinance" requires that the 500-foot rule for hunters be enforced in all
circumstances. The Board decided to wait for the Mayor to arrive before
continuing with consideration of this matter and the required SEQR review.
Dave Putnam was present to give
the engineer’s report. He stated that Mobil has agreed to a sidewalk along the
side of their property up to Friendly’s. The owner of Cayuga Mall has changed.
Regarding Northwood, Dave had a meeting with Integrated that was canceled and
has not yet been rescheduled.
TCAT board members Pam Mackesey
and Dan Cogan, and General Manager Joe Turcotte gave a presentation on TCAT. Pam
explained how TCAT has transformed in the last few years. She described the
increase in demand that has created the need for more buses which is a huge
capital expense. TCAT is trying to be more efficient. They now have black boxes
on their buses where a rider swipes their card when they get on the bus so they
can better understand who rides their buses. These GPS boxes track where people
get on the bus but not where they get off. Mackesey and Cogan feel that the
Village is a popular destination, largely due to the malls.
TCAT generates money from fares,
state and federal assistance and from
TCAT did a survey to see where the
riders were coming from. According to the data they collected, 12.8% came from
the
Frank feels that corporate interests that
benefit from bus service should help foot the bill. Cornell supports TCAT
for corporate reasons and he questioned if there were other corporate
interests.
Mackesey stated that TCAT is in good shape,
but that some busses in the fleet are long past their useful life. She
indicated that the additional money they are looking for would go to future
expansion, which Turcotte says includes Park-And-Ride routes and creating a hub
system where ten passenger vans would ferry riders from rural areas to a stop
where they can catch a larger bus. Pam also stated that there is a constant
call for expansion of bus services. Cogan noted that TCAT is unlikely to
get the 2008 budget it is asking of the County, Cornell, and
Both the Trustees and TCAT representatives agreed that the dialog had been
useful, if only as a brainstorming session to identify a more equitable
approach to funding the not-for-profit transportation provider. The
Trustees agreed that while some contribution isn't entirely out of the
question, it would need more thorough statistics to base a decision upon.
Next on the agenda was the approval of minutes.
Motion - To Approve the Minutes from October
1, 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
Mayor Hartill stated that Bolton Point is proposing a water fee increase. Currently the rate is $2.21 per 1,000 gallons and the proposed increase is to $2.32. The Commission considered a $.22 increase if no fund balance was used. Their final decision was to have an 11% increase and use half of their fund balance. Before this increase can take place, all municipalities involved must approve the budget and it must be unanimous. Don feels this is a well-run organization.
Jodi explained to the public how the surcharge works in all municipalities, and particularly in the Village. A resident of the Village will pay $2.32 per 1,000 gallons plus a 30% surcharge that the Village tacks on to help pay to maintain the water and sewer lines in the village. So the actual cost for 1,000 gallons is $3.01. Dubow explained that if this resolution is approved, the Village will also need to pass a law to update the section of the Village Code to reflect this water rate increase and its effect on the Village sewer surcharge for properties that are nit served by the Village’s water system. Presently the only outside user we have is Borg Warner.
Resolution #5388 -To Approve the Amendment to the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing the Water Rate Charges and to Establish Such Amended Water Rate Charges for the Village of Lansing.
WHEREAS, the Village of Lansing entered into an agreement of intermunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission (“SCLIWC”) and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979, and which agreement has been subsequently amended from time to time (such agreement as so amended being hereinafter referred to as the "SCLIWC Agreement"); and
WHEREAS, the SCLIWC Agreement included a schedule of the water rates to be charged, which schedule has been amended from time to time; and
WHEREAS, the parties to the SCLIWC Agreement wish to amend the Agreement to increase the water rates, and a copy of the proposed amendment has been submitted to this Board for its approval; and
WHEREAS,
the Village of Lansing Board of Trustees finds it is in the best interests of
the
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Lansing Board of Trustees, in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (“SEQR”) and 6 NYCRR Section 617.5, hereby determines that adoption of said proposed amendment and the establishment of water rates constitute a Type II action, constituting “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus may be processed without further regard to SEQR; and be it further
RESOLVED, that the Village of Lansing Board of Trustees hereby authorizes on its behalf the execution of the proposed amendment to the SCLIWC Agreement submitted to this meeting, approving thereby the amendment to the rate schedule so as to increase the water rates to be charged under the SCLIWC Agreement generally from $2.21 per thousand gallons of water to $2.32 per thousand gallons of water; and be it further
RESOLVED, that upon the approval by all required parties of the proposed amendment to the SCLIWC Agreement setting the increased rate of $2.32 per thousand gallons of water, and concurrently with the effective date of such amended rate as provided for in the approved amendment to the SCLIWC Agreement, the Village of Lansing Board of Trustees hereby establishes the foregoing increased rate as the base rate chargeable to each owner of property that is provided with water service by connecting to the Village of Lansing Water System, all such water service charges being subject to the additional water rate surcharge (currently 30%) imposed by the Village from time to time by resolution of the Village Board of Trustees.
Trustee
Mayor Donald Hartill- Aye Trustee John O’Neill-Aye Trustee-Larry
Fresinski-Aye Trustee Frank
Moore-Aye Trustee
Lynn Leopold –Aye
The Board returned to
Proposed Local Law G. Once again Frank suggested a change to condition #9 in
section 67-6. He feels a dead deer doesn’t belong to a hunter, only to the
State because they rule wildlife. Dubow explained that this issue might better
be addressed by way of the specific provisions that would be included in the
DEC deer management programs (DMAP) adopted by the Village because they could
change from year to year. David explained that the very specific language
should be in the deer management program so that the law does not have to be
amended with details every year. Changes can be easily made to DMAP. Frank
questioned who would take care of a wounded deer. The Board believes that the
Sheriff’s Department or DEC should be called, but John O’Neill indicated that
he will check into this to see what the best protocol might be for this.
The Board completed the Part II of the SEQR Short EAF and its SEQR review and it was found that there were no negative impacts.
Resolution #5389-SEQR Review of Proposed Local Law G
(2007),
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law G (2007), to be designated Local Law 7 (2007) upon its adoption, to amend Chapter 67 (entitled “Firearm and Bow Safety”) of the Village of Lansing Code so as to (i) extend the prohibition against the discharge of a firearm, shotgun, rifle, air gun, longbow or crossbow to the entire Village (as opposed to such prohibition not affecting the area of the Village east of Warren Road), and (ii) provide for certain clarified and additional exceptions to the prohibition against the discharge of longbows in 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 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 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 #5390-To Adopt Proposed Local Law G as Local Law 7
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law G (2007), to be designated Local Law 7 (2007) upon its
adoption, to amend Chapter 67 (entitled “Firearm and
Bow Safety”) of the Village of Lansing Code so
as to (i) extend the prohibition against the discharge of a firearm, shotgun,
rifle, air gun, longbow or crossbow to the entire Village (as opposed to such
prohibition not affecting the area of the Village east of Warren Road), and
(ii) provide for certain clarified and additional exceptions to the prohibition
against the discharge of longbows in the Village of Lansing; and
B. On
October 1, 2007, the Village of Lansing Board of Trustees preliminarily
discussed the purposes and
intent of Proposed
Local Law G (2007), and thereupon scheduled a public hearing thereon for
October 15, 2007; and
C.
On October 15, 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 G (2007) and
agreed upon its intended terms and provisions, (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 October 15, 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
E.
On October 15, 2007, the Village of
Lansing Board of Trustees completed its review of (i) Proposed Local Law G
(2007) in its final form, (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. Trustee
Fresinski seconded the motion.
Frank reiterated his concerns with condition #9 of the newly designated section 67-6. He expressed his willingness to approve the proposed amendments with the understanding that the Village DMAP will make it clear as to what is meant by “in pursuit of” and “in good faith”. The Board agreed that this would be rectified in writing in the DMAP. A vote was taken:
The following is Local Law 7:
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 Chapter 67 (entitled “Firearm and Bow Safety”) of the Village of Lansing Code so as to (i) extend the prohibition against the discharge of a firearm, shotgun, rifle, air gun, longbow or crossbow to the entire Village (as opposed to such prohibition not affecting the area of the Village east of Warren Road), and (ii) provide for certain clarified and additional exceptions to the prohibition against the discharge of longbows in the Village of Lansing, it having been determined that the Village-wide prohibition and the clarification of and addition to the existing exceptions to such prohibition will better serve the overall purposes of Chapter 67 as stated therein.
Section
II. AMENDMENT TO THE
(1) Notwithstanding the terms of Subsection A of this section,
the discharge of a firearm, shotgun, rifle, air gun, longbow or crossbow within
the Village of Lansing shall be permitted only in cases that each of the
following conditions are satisfied:
§ 67-6. Exceptions.
A.
Notwithstanding any term or
provision of this chapter to the contrary, if an owner of property within the
Village meets all of the requirements and criteria described in a Deer
Management Program approved by the New York State Department of Conservation
(“DEC”) and authorized and adopted by the Village (a “DEC Deer Management
Program”), or otherwise establishes to the satisfaction of the Village Board of
Trustees that relief from certain prohibitions, restrictions and/or
requirements of this chapter shall be beneficial to the Village’s and/or such
property owner's efforts to manage or control the population of deer in the
Village and/or on said property owner's property, then the Board of Trustees
may, by resolution, grant such property owner relief from certain of the
prohibitions, restrictions and/or requirements of this chapter in accordance
with the following conditions. The Board of Trustees, in such circumstances,
may authorize the discharge of a longbow on such property owner's property,
provided that:
(1)
The longbow is hand-powered.
(2)
No more than a total number of persons based upon
one (1) person per ten (10) acres of the property in question is permitted to
engage in such discharge of longbows at any given time; provided, however, that
up to two (2) persons shall be permitted to engage in such discharge on
properties of less than ten (10) acres.
(3) Discharge of such longbows may occur only during daylight hours of the legal hunting
season as designated each year by the DEC, or such times and hours as may be
designated by the Board of Trustees, whichever is more restrictive.
(4) Any arrows discharged must be distinctively marked with a description of the markings provided
to the landowner.
(5) In addition to all requirements provided for in this Section
67-7, the discharge of such longbows and all activities
related thereto must conform in all respects to the requirements and criteria described in the DEC Deer Management Program governing the property in question. In the event of any conflict between the
provisions of this Section 67-7, and the DEC Deer Management Program governing
the property in question, the Board of Trustees, in granting the relief
provided for above, shall determine which provisions apply.
(6) Persons who seek to so discharge longbows must
park their vehicles out of view from any public roadway, and discharge of a
longbow must occur in an area not visible from any public roadway.
(7) Such longbow discharge may not (i) occur within
five hundred (500) feet of any dwelling house, farm building or farm structure
actually occupied or used, school building, school playground, or occupied
factory or church, or (ii) result in the arrow passing over a public highway or
any part thereof.
(8) The property owner or his/her/its designated agent must notify all adjacent
property owners by letter (a copy of which is also to be provided to the
Village Board of Trustees) as to (i) the dates and times during which such
longbow discharge may occur, (ii) the name and address of the property owner to
whom complaints should be directed, and (iii) the requirement that a copy of
any such complaint be sent to the Board of Trustees.
(9) In the event that such longbow discharge
results in the wounding of a deer and that deer’s movement to an adjacent
property, the person responsible for such wounding shall, prior to entering such
adjacent property in pursuit of the wounded deer, make a good faith effort to
seek and obtain permission from the adjacent property owner, and shall
otherwise comply with all applicable provisions of the DEC Deer Management
Program governing the activity involved.
(10) No person involved in any of the foregoing
activities shall bleed or slaughter any deer on any property adjacent to the
property of the owner requesting the foregoing relief from the requirements of
this chapter.
B. In the event that a Village property owner has
satisfied the Board of Trustees that such property owner is entitled to such
relief, said property owner must enter into a written instrument confirming the
property owner's agreement to abide by all the foregoing conditions, which
agreement shall remain in effect for no more than one (1) year although it may
be renewed upon application to the Board of Trustees. The terms of this section
shall not amend, modify, alter or change any term or provision of this chapter
other than as expressly set forth in this section.
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.
During the general comment
period the Mayor stated that we are still trying to wrap up the N. Triphammer
road Project. There is an increase in
Fisher Associate’s costs of approximately $21,000 due to cost over runs. Don
questioned whether there were any caps on engineering expenses. We are holding
Suit Kote’s final payment which the Board approved last Thursday until we get
the O’Connell mechanic’s lien issue resolved. There is a change order that will
be coming through for late fees due to the one year delay caused by NYSEG.
Dubow warned us to be very careful about giving money directly to subs or to
the general contractor for payment to subs without assurances that the payments
will fully satisfy the obligations to the parties to whom payment is made.
Customarily this requires some understanding as to who is being paid and what
amount is due. Don is concerned that this delay is hurting the small subs. A
possible solution would be to have the subs sign a release or waiver of lien
document and then issue a two party check. David Newman, a resident of the
Village who was I attendance expressed some expertise in this area and offered to
forward a copy of a partial lien release form to the Mayor.
John O’Neill stated that he
and Ben had completed the figures on the NFIP flood insurance application. It was acknowledged that the Board had passed
a resolution, completed the application, and the last thing that now needs to
do is to pass a law to incorporate this into the Village Code.
Motion- To Adjourn
Trustee O’Neill moved for adjournment. Trustee
Fresinski seconded the motion. A vote was taken:
Trustee Frank Moore-Aye Trustee Lynn
Leopold –Aye
Trustee-Larry Fresinski-Aye
The meeting adjourned at 9:45 PM.
Jodi
Dake
Clerk/Treasurer