MINUTES of a meeting of the
Board of Trustees of the
Present: Mayor Donald Hartill;
Trustees, Larry Fresinski, Lynn Leopold, John O’Neill and Frank Moore; Attorney
David Dubow; Clerk/Treasurer, Jodi Dake.
Mayor Hartill called the
meeting to order at 7:35P.M.and opened the public comment period. Sorel
Gottfried of 1016 Cayuga Heights Road asked if the Board would consider
changing the election date when it falls on the Jewish holiday of Passover. In
the past Sorel has spoken with Sheri Zifchock at the Board of Elections. David
Dubow was unsure if this was something that could be done at the local level or
if the State Legislature had to do it. David stated that there is a provision
in the New York State Election Law for municipalities that hold there elections
in March that states if the election day falls on St. Patrick’s Day then the
election would be postponed one day. There is precedence set there. The Board agreed
to explore the options.
Trustee
Fresinski moved to close the public comment period. Trustee O’Neill seconded
the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
The next two items on the
agenda were public hearings.
Motion-To Open the Public Hearing for Considering the Proposed
Revisions and Updates to the Comprehensive
Plan
Trustee
Fresinski moved to open the public hearing. Trustee Leopold seconded the
motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
There were no comments.
Motion-To Close the Public Hearing for Considering the Proposed
Revisions and Updates to the Comprehensive
Plan
Trustee
Fresinski moved to close the public hearing. Trustee Leopold seconded the motion.
A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
The Board decided to have the
second public hearing before acting on this issue.
Motion-To Open the Public Hearing on the Proposed Budget for Fiscal
Year 2005-06
Trustee
Fresinski moved to open the public hearing. Trustee O’Neill seconded the
motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee Frank Moore- Aye Trustee John O’Neill-Aye
Trustee Lynn Leopold-Aye
The Mayor gave an overview of
the proposed budget. The taxable assessment value for the Village of Lansing is
$327,938,220. Don explained that the budget has increased approximately 3%,
which is roughly the rate of inflation. Through the years the Village has been
consistent in preparing the budget with the rate of inflation. The N.
Triphammer Road reconstruction project for this summer costs approximately $5M
of which 80-90% of the roadway is federally and state funded. The Village is
funding approximately $1M in enhancements. The N. Triphammer Road project has
been delayed so the Village is very comfortable because we have set aside
monies in previous years to pay for this. In the budget there is an increase in
Boards and the Mayors salary of approximately 20%. Their salaries have been the
same for 5 years and this percentage is keeping with inflation. Staff salaries
have increased 4%. We have recently hired a new Superintendent of Public Works
and the Mayor would like to increase the contingent account in anticipation of
additional work that will be accomplished. There is a decrease in the tax rate
from $1.80 to $1.65 because the assessments in the Village have increased approximately
10%.
The water and sewer funds are
basically a pass through to Bolton Point for water with a surcharge for
maintenance of our infrastructure. Sewer is paid to the Village of Cayuga
Heights. There is no longer a sewer moratorium in effect. Frank asked how the
$166.50 is collected to pay the Village of Cayuga Heights. Jodi explained that
there is a line item on the tax bill of those with sewer service that is
collected and then is paid directly to the Village of Cayuga Heights by August.
This money is used to maintain their sewer plant. The other infrastructure
expenses are paid by the surcharge on one’s water/sewer bill. The special
assessment on the tax bill is to pay for debt service. John asked what the 2330
number was. Jodi informed him that this is the number of sewer customers in the
Village. Each residence is 1 unit and commercial properties are charged based
on their water consumption for the previous year.
Motion-To Close the Public Hearing on the Proposed Budget for Fiscal
Year 2005-06
Trustee
Leopold moved to close the public hearing. Trustee Fresinski seconded the
motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
Resolution
#4118-To Adopt the 2005-06 Proposed Budget as the Official Budget with the
Modification of Increasing A1990.4, Contingent Account by $20,000 and
Decreasing A0962.2 Budgetary Provisions for Other Uses-General by $20,000 in
the General Fund
Trustee
Fresinski moved to adopt the budget and Trustee Moore seconded the motion. A
vote was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
The Board went back to the
Comprehensive Plan. The Short Form SEQR Environmental Assessment Form was
completed and following Board review, it was found that there was a negative
declaration.
Resolution #4119- SEQR Review of the Updated
and Amended Village
Comprehensive
Plan
WHEREAS:
A. This matter involves
consideration of the following proposed action:
Adoption of the updated and amended Village of Lansing Comprehensive
Plan following the recommendation of the Village Planning Board; 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 April 4, 2005, 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 Fresinski seconded the motion. A vote
was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
Resolution #4120-Adoption of Updated and
Amended Village
Comprehensive
Plan
WHEREAS:
A.
This matter involves consideration of the
following proposed action:
Adoption
of the updated and amended Village of Lansing Comprehensive Plan following the
recommendation of the Village Planning Board; and
B.
The Village of Lansing Planning Board has (i)
performed a lengthy
and thorough review of the Village’s previously adopted Comprehensive
Plan, (ii) prepared amendments thereto based upon updated information and
analysis, (iii) made a draft copy of the preliminarily revised and updated
Comprehensive Plan available to the public for review and comment, (iv) held a
public hearing on such proposed amendments, (v) provided for further amendments
based upon such public input and participation, and (vi) referred its
final updated and amended Comprehensive
Plan dated February 2005 to the Village of Lansing Board of Trustees with a
recommendation for its approval; and
C.
The proposed Village Comprehensive Plan as
amended and updated
was referred as required by law to the Tompkins County Department of
Planning for its review and comment, whereupon by letter dated February 9, 2005
such Department (i) determined that such proposed Comprehensive Plan as amended
and updated has no negative inter-community or county-wide impacts, (ii)
offered three suggestions as to the inclusion of certain additional
information, all of which has in fact been incorporated, and (iii) provided
overall favorable comments; and
D.
On April 4, 2005, the Village of Lansing Board of
Trustees held a
public hearing regarding this proposed action, and thereafter discussed
and reviewed (i) the updated and amended Comprehensive Plan as prepared and
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 April 4, 2005, 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 April 4, 2005, the Village of Lansing Board of
Trustees concluded
its review of the Village Comprehensive Plan as amended, updated and
recommended by the Planning Board;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOW:
The
Village of Lansing Board of Trustees, in accordance with Section 7-722 of the
Village Law of the State of New York, hereby adopts the newly amended and
updated Village Comprehensive Plan dated February 2005, having determined that
such Plan accurately reflects the identification of the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the
immediate and long-range protection, enhancement, growth and development of the
Village.
Trustee
O’Neill moved this resolution and Trustee Moore seconded the motion. A vote was
taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
For the students in the
audience, David Dubow explained that the Comprehensive Plan is a plan that
drives the Village in its planning and zoning decisions. The Planning Board has
reviewed it and minor amendments have been recommended to the Board of Trustees
who must approve it. The SEQR that was completed states if there are any
environmental impacts. The Comprehensive Plan will be reviewed every five years
or so.
The next item on the agenda
was to approve the minutes from March 16th & 21st.
Motion-Approval of Minutes for March 16th, 2005
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 Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee
Larry Fresinski-Aye
Trustee Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
Motion-Approval of Minutes for March 21st, 2005
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 Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski-Aye
Trustee Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Abstain
Next on the agenda were two Proposed
Local Laws which the Planning Board has recommended for adoption. Both of these
proposed local laws provide for amendments to the Village Zoning Law and Zoning
Map.
David Dubow presented Proposed
Local Law B (2005). He explained that it is an overlay district, which has
existed since the Village started.
Proposed Local Law B is the result of a rather extended review and
debate regarding the continued need for the Airport Combining District and the
special permit requirements (largely a notice procedure for alerting parties
that they will be constructing improvements within what might be considered a
potential noise hazard area) for building within that overlay district. The
debate was precipitated by the approval of the Millcroft Subdivision last year
and the pending Lansing Trails II subdivision (for which preliminary approval
has been granted), both of which include lands situated within the Airport
Combing District as originally laid out. There was earlier debate by the
Planning Board regarding a somewhat scaled down procedure for notifying
potential builders and/or property owners of the possible noise hazards;
however, after reviewing preliminary drafts of proposed local laws that were
prepared incorporating alternative procedures, the Planning Board was still
uncomfortable with the imposition of notice requirements and the related
administrative requirements. After recently reviewing two special permit
applications for Millcroft parcels, the Planning Board ultimately determined
that this might be the appropriate time for the elimination of the Airport
Combining District and the special permit process for properties within that
District, and Proposed Local Law B so provides.
Frank questioned why we had
the overlay district as a whole. David explained that it dates back to the
original drafting of the Village’s zoning provisions and it is not entirely
clear as to exactly what its basis was.
It was most likely a concern at that time regarding the possible noise
hazards associated with airport operations.
With this proposed change, the need to come to the Planning Board for a
special permit will be eliminated. One will still have to get the normal
building permit. Some discussion took place with respect to Zoning Law Section
604.02 regarding noise levels and how they are measured. The Board agreed that
the Planning Board needs to revisit the noise standard provisions in the Zoning
Law as they apply to the Village as a whole. The Board acknowledged that noise
issues are very hard to enforce in this area.
Motion-To
Set a Public Hearing to Consider Proposed Local Law B ((2005) to Consider
Amending the Zoning Law and Zoning Map to Eliminate the Airport Combining
District and the Requirements and Conditions Applicable Thereto for April
18,2005 at 7:35pm.
Trustee
Leopold moved to set a public hearing and Trustee O’Neill seconded the motion.
A vote was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
Dubow explained that Proposed
Local Law C is intended to extend to the north (by approximately 80+/- feet)
what everyone believes to be the northerly boundary of the Human Health
Services District. This has been initiated by Cornell and Integrated
Acquisition as a result of what appear to be needs associated with the intended
expansion of one of the Park View medical buildings and additional parking for
that medical complex. The review of this initiative raised some questions as to
the exact location of all of the current boundary lines of this zoning
district, so it was concluded that this would offer the opportunity to more
precisely delineate those boundaries. The new map prepared by T.G. Miller has
undergone a number of modifications to address questions that have come up and
to also insure to the extent possible consistency with other maps and records,
resulting in what is now the final version of the map to which Local Law C
refers and based upon which the District boundaries are described. In light of
some concerns regarding the infringement of this extension into the NYSEG right
of way running across this Cornell property, the 1929 right of way agreement
was reviewed and it confirms that the grantor reserved the right to use the
land so long as that use does not interfere with or obstruct the NYSEG rights.
Although this isn't technically a Village issue, it was considered prudent to
clarify the matter given that Cornell will be coming back in with a special
permit application involving the parking expansion into a portion of the NYSEG
right of way area.
Motion-To
Set a Public Hearing to Consider Proposed Local Law C (2005) to Consider
Amending the Zoning Law and Zoning Map to Extend Further to the North the
Northerly Boundary of the Human Health Services District and to More Precisely
Describe the Boundaries of the Human Health Services District for April 18,2005
at 7:40pm.
Trustee
Leopold moved to set a public hearing and Trustee O’Neill seconded the motion.
A vote was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
After the Public Hearings are
held on April 18th and before the new laws can be passed, a SEQR review for
each proposed local law must also be completed.
The Mayor stated that the last
utility pole has gone in on N. Triphammer Rd. NYSEG is behind schedule. They
still have to run wires and phone and cable will then follow. Mary Sirois
commented that the traffic director was excellent. There hasn’t been much of a
delay in traffic flow except for one day.
Don has received an email from
Walter Lynn stating that he has been contacted by George Gesslein to talk to
him about considering contracting with the Village of Cayuga Heights to provide
fire service in the Village of Lansing. There is a meeting at the Fire Company
on April 11th, which the Mayor plans to attend.
In the next few weeks they
should be starting the Kline Road Bypass sewer project. Cayuga Heights Rd. will
be torn up when this takes place. Lynn asked if the sewer committee was formed
yet. The Mayor still wants to add another member and he still has to write a
charge for the committee. He expects it will be done this week. Frank stated
that the sewer meeting scheduled for April 23rd in the Town of Lansing was
canceled. Don stated that we still haven’t heard from NYSDOT regarding going
down Route 34 for the sewer line.
Carolyn Peterson, Mayor of the
City of Ithaca, is exploring different water issues related to the possible use
of the Lake Source Cooling water.
Lynn Leopold spoke on the MS4
Grant for Stormwater Management. She attended a meeting at Soil and Water
Conservation and they looked at how the MS4s, both individually and
collectively, can apply for the EPF assistance for Stormwater Phase II
Implementation. Several municipalities are already actively involved in
developing local stormwater ordinances and other activities. The Town of
Lansing has already adopted one, which she had previously emailed to the Board.
We have until 2008 to accomplish this.
At the Stormwater Meeting it
became apparent that some of our biggest costs in implementing the minimum
measures would involve both engineering or legal time, legal especially as we
work on adopting local laws. There is no state law, per se, that we could copy.
The state says we have to adopt our own ordinances, according to the state's
regulatory authority. It's not a matter of just deferring to an existing state
law. We have to have our own. Many items that are in the Town of Lansing law are
already covered to some extent in our site plan review, zoning and subdivision
requirements. It would take some careful thought to figure out how to pull out
and isolate all those requirements that would then become part of the
stormwater ordinance. We would need guidance on how to do this. At the
Stormwater meeting they were all thinking of putting in for money (up to $3000
per MS4 per item) for the MS4s so that we can help pay for the legal costs of
adopting a local law. This money is meant as a 50% match. We would have to
provide the match through in-kind time, or outright cash commitment. We could
include the time required of the lawyer, the Planning Board and the Village
Board in preparing and adopting such a local law.
One of the items that we can
also get funded for is cluster housing development for more open space, hence
better stormwater management. What we are doing in Lansing Trails II is
eligible, backcharged to work already done. So that is another possibility for
funding. There is also funding to help MS4s set up funding mechanisms for the
ongoing work of site inspections, illicit discharges, etc.
Darby will need a letter of
intent signed by all the participating MS4s (and the more that participate, the
better our chances of getting funding--we need all 9 MS4s) by next Friday.
Darby Kiley is going to pull together all the information from the MS4s and
Craig will submit and manage the grant. Mayor Hartill found it hard to imagine
everyone doing this in parallel. He
agreed to sign the Letter of Intent that says we are going to cooperate.
Lastly, Lynn stated that she and David Putnam would be submitting the final
year- end report.
David Dubow stated that the
Edelmans have offered the Village a gift of land. He proceeded to show the
Board where it was on the map. If the Board would like to accept the property
he has all the paper work ready to be signed and the Village would need to make
payment in the amount of $2,755.40 for the prorated taxes that have already
been paid by the Edelmans.
Resolution #4121- To Accept Offer of Conveyance by Gift of Property
from William H. Edelman & Audrey M. Edelman
WHEREAS, the Village of Lansing has received from William H. Edelman and
Audrey M. Edelman an offer (the “Offer”) dated February 10, 2005 to convey by
gift a parcel of property located adjacent to the northerly side of Wood Thrush
Hollow Road containing 7.127 acres, such parcel being identified as “Remaining
Lands of Edelman” on a map entitled “Final Subdivision Plat Lands of William H.
Edelman and Audrey M. Edelman Lot 99, Village of Lansing, Tompkins County, New
York” prepared by Michael John Reagan, PLS, dated November 17, 2004, which map
is filed in the Tompkins County Clerk’s Office and Village of Lansing, the only
condition accompanying the Offer being that the Village reimburse William H.
Edelman and Audrey M. Edelman for the prorated portion of pre-paid real
property taxes as of February 10, 2005 in the amount of $2,755.40; and
WHEREAS, the Offer was accompanied by a warranty deed and accompanying
documents executed by William H. Edelman and Audrey M. Edelman for the purpose
of conveying the offered property if the Village accepts the Offer;
WHEREAS, the Village of Lansing
wishes to accept the Offer;
NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of
Lansing as follows:
1. The Village of Lansing
hereby accepts the Offer and authorizes the Mayor to execute (i) the Offer
document to confirm the Village’s acceptance thereof, and (ii) all required
closing documents necessary to effectuate the intended transfer of property by
gift; and
2. The Village of Lansing
hereby authorizes the Clerk/Treasurer to issue payment in the amount of
$2,755.40 to William H. Edelman and Audrey M. Edelman to reimburse William H.
Edelman and Audrey M. Edelman for the prorated portion of pre-paid real
property taxes as of February 10, 2005.
Trustee
O’Neill moved to accept the property and Trustee Moore seconded the motion. A
vote was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
Motion-
To Adjourn
Trustee
Fresinski moved for adjournment. Trustee Leopold seconded the motion. A vote
was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
John O’Neill-Aye
Trustee Lynn Leopold-Aye
The meeting adjourned at 9:15
PM.
Jodi
Dake
Clerk/Treasurer