MINUTES of a meeting of the
Board of Trustees of the
Present: Mayor Donald Hartill;
Trustees, Lynn Leopold, Larry Fresinski, John O’Neill and Frank Moore; Attorney
David Dubow; Clerk/Treasurer, Jodi Dake; TG Miller Engineer David Putnam.
Mayor
Hartill called the meeting to order at 7:32P.M.and opened the public comment
period. Larry stated that there was quite a traffic backup today due to
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
Lynn Leopold-Aye
Trustee John O’Neill-Aye
Dave Putnam reported that he
has been busy with the N. Triphammer Road Project. Verizon said they would be
out by the first of August but it doesn’t look like that will happen. Don will
call Verizon in Binghamton to see if anything can be done to expedite the
process. Don will also stop in to talk to Byron about this issue.
The Kline Road Sewer Bypass is
complete except for the installation of the flow meter. Final payment will be
made once Dave Putnam and the contractor have a chance to discuss the final
bill. The Kline Road Bypass line is diverting approximately 110-120,000 gallons
a day.
The Planning Board has
recommended that the Board of Trustees adopt “The Municipal Tree Program”. The
program provides for the inspection, protection and replacement of the existing
trees on municipal land as well as those that will be planted in the next
couple of years along N. Triphammer Road. This program is, in part, based on
the “Municipal Tree Inventory” that was completed in 2004 and has been reviewed
and is supported by the Superintendent of Public Works.
After reviewing the program,
Larry suggested that buffer strips be added in the purpose section of the
program. There is quite a long Village owned buffer strip that runs down Brook
Drive. It was asked if the Village had any leverage with private property. Lynn
stated that we can’t dictate what is done on private property. The unique
natural areas have been developed which come into play any time someone submits
a building permit for private property. For instance, anything that is built
within 200 ft. of a stream must first go before the Planning Board. Another
example was that Mr. Remillard had to come before the Planning Board to get a
special permit to add a library because the area of proposed construction was
within a unique natural area. Dubow added that this program is intended to
apply to all trees on Village property.
Dooley Keifer asked who the
Village forester was. Don stated that we do not have a forester, but Lee
Oplinger did our original tree inventory. The Village intends to contract this
out every three years.
The Board determined that the
program should include the additional buffer strip language as proposed by
Larry.
Resolution #5179-Adopt the Following Municipal Tree
Program as a Village
Policy
The
Village of Lansing consists of about 3,000 plus acres and is located north of
the city of Ithaca, bounded by Cayuga Lake on the west, by the Town of Lansing
on the north and by the Town of Dryden on the east. The village’s convenient
location to the City of Ithaca and Cornell University combined with its
outstanding natural beauty have made the village an attractive location for
residential and commercial development. As a result, the village has been one
of the fastest growing communities in Tompkins County.
The
vegetation in and around the village is a mixture of eastern deciduous
hardwoods and northern conifer forests. This shifting mosaic forest is typical
of Central New York and contains numerous species, which are an important
component of the Village’s natural environment.
Trees
benefit the village in many ways. They take in carbon dioxide and give off
life- sustaining oxygen. They also remove pollutants from the air and help to
slow soil erosion and water runoff particularly along the steep slopes above
Cayuga Lake on the western edge of the village. Shade from trees help cool the
air, streets, buildings and people. Property values increase when trees are
planted and properly maintained. They serve as a transition zone from
commercial zones to residential districts acting as buffers against wind, light
and noise. The urban forest along the western slopes of the village is a haven
for both resident and transitory wildlife and a recreational area for village
residents.
The
municipal tree program focuses on identifying, inventorying and locating all of
the trees that currently exist in the parks, buffer strips and other municipal
lands of the Village. The program also outlines the procedures for planting and
care of newly planted trees as well as the periodic inspection of the Village’s
forested areas. The basic copy of the tree inventory has been filed with the
Village Clerk and an additional copy provided to the Superintendent of Public
Works who is responsible for the management of the municipal tree program.
The
inventory of the municipal forest was completed in 2004. In order to ensure the health of the forest,
an inspection of the forest will be conducted by a professional arborist that
will update the tree inventory, perform any necessary tree pruning and identify
any trees that should be removed. This inspection will be conducted every three-
(3) years beginning in the year 2006. All changes to the tree inventory will be
reported to the Village Clerk for posting to the tree inventory. The
Superintendent of Public Works will make arrangements for all necessary tree
removals.
1. Open planting sites in areas
with little or no shade shall be given priority over shaded streets.
2. If a property owner does not
want a tree in front of his or her property, an effort shall be made to change
his or her mind if the site is a high-priority spot. However, if this fails,
the tree should not be planted and the site revisited at a later date.
3. All property owners should
be given notification of planned planting, so that there is ample time for
reaction.
4. Based on research, planting
of bare-root trees should continue to be the main method of planting.
Evergreens or large trees should be planted balled and burlapped.
5. All newly planted trees
should have irrigation bags and mulch during their first growing season.
6. After the first year, the
mulch should be renewed and/or low expandable tree truck guard placed around
the bases of young trees until they reach 6” caliper.
7. Species should not be
overplanted. As a rule, no one species should make up more than 5% of the total
population.
8. Species should be used that:
9. The recommended tree list
for the Village of Lansing should be updated periodically, as new information
becomes available.
10. Tree staking and guying
should be used only where tree size and location warrant it, and then, removed
when no longer necessary.
11. Requests from private
citizens that new or additional street trees be planted in the Village’s “right
of way” shall be made to the Superintendent of Public Works.
1. Trees shall be removed on
the basis of safety first and foremost. Hazardous trees shall be the highest
priority.
2. If the tree is not an
imminent hazard, notice of its removal should be given at least two weeks
before removal. The property in front of and adjacent to the tree and the tree
itself should be posted.
3. Replanting after removal
should take place within a year if replacement is warranted.
4. Every effort shall be made
to explain the need for a tree’s removal when questioned by the owners of
adjoining properties.
5. All tree removal will be
conducted under the supervision of the Superintendent of Public Works.
6. No tree or shrub on
municipal land shall be removed or caused to be removed without the prior
written approval of the Superintendent of Public Works. Any tree or shrub on
municipal land that is removed, or is caused to be removed, by any person other
than a Village employee or its representative, shall be replaced as follows:
such replacement shall meet the standards, size, species and placement as
directed by the Superintendent of Public Works. The cost of such replacement,
to include its planting, shall be borne by the individual(s) causing the tree
or shrub removal.
Notes
1. Much of the material in this
paper came from “Ithaca, the Forest City”, City of Ithaca Master Plan,
Appendix A & B. No date.
2. Mr. Lee Oplinger, City of
Ithaca Assistant Forester performed the initial tree inventory for the Village
of Lansing in 2002.
Trustee
Leopold moved this resolution. Trustee Fresinski seconded the motion.
The Board continued to discuss
the issue of private trees and whether or not we owned the trees in an easement
area. It was acknowledged that the Village generally does not own the trees in
an easement area, and if someone wants to take a tree down on their property we
really have no control over this unless such control has been granted to the
Village by the property owner or is otherwise available to the Village by law.
Lynn reiterated that the Planning Board is very sensitive to this issue.
A vote
was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
Trustee John O’Neill-Aye
David Dubow had presented the
Board with a proposed Encroachment License Agreement between the Village of
Lansing and Rahn & Vicki Pitzer of 1 Highgate Circle. The issue is that the
Pitzer’s current deck now encroaches onto the Village of Lansing sewer easement
crossing their property and their new proposed driveway will encroach as well.
The Pitzers purchased the property in July from David Easley & Maureen
O’Hara. There is a previous easement for the construction and maintenance of a
sanitary sewer line that runs through their property. A portion of the rear
deck of the house encroaches into the easement area. The Pitzer’s have also
applied for a building permit to construct a new detached garage on the
premises. The proposed driveway would cross over and encroach upon the easement
area. This agreement would allow them to have the deck remain where it is and
to permit the driveway encroachment until the Village feels it needs to be
removed, in which case it would be removed by the property owner at the
property owner’s sole cost no later than six months following written notice
from the Village. The Agreement also grants the Village the right to remove the
encroachments in case of emergency and charge the cost back to the property
owner. This agreement also holds the Village harmless from any lose, injury or
damage arising out of the use of the easement area.
There was an extensive
conversation to determine what dollar amount should be provided for in
paragraph “9” of the Agreement as to the consideration, if any, to be payable
to the Village by the Pitzers for the license rights. John O’Neill feels that the Pitzer’s should
pay the full amount of the costs and expenses incurred by the Village related
to the agreement. After further discussion, Larry & Don thought that a
50/50 split would be more appropriate. It was acknowledged that there are
certain expenses that a government has in providing general services to the
community as a whole and there are other expenses that are tied to individual
residents and specific situations involving problems that may have been created
by such residents. The Board was worried about setting precedents. This
situation is unique because they are asking for relief from the Village. Dubow
stated that this is not a common situation in our Village. It is purely a
policy decision for the Board. Frank stated that the Village is totally
protected by this agreement. After much discussion, John O’Neill stated that
because of the uniqueness of the situation he would agree to the 50/50 sharing
of expenses suggestion and a $300 amount was decided upon.
Resolution #5180-To Authorize
the Mayor to Sign the Village of Lansing/Pitzer Encroachment License Agreement
with the Licensee Paying the Village the Sum of $300 in Consideration of the
Costs and Expenses Incurred with Respect to the Preparation and Execution of
the Agreement Given
the Uniqueness of this Particular Situation.
Trustee O’Neill moved this
resolution. Trustee Fresinski seconded the
motion. A vote was
taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
Trustee John O’Neill-Aye
The TCAD Empire Zone
Resolution was tabled until the September 15th meeting. The Mayor
indicated that Barbara Blanchard contacted him that day to set up a meeting to
discuss this matter, so the Board felt they should wait until after that
discussion before proceeding further.
The next item on the agenda
was to approve the minutes from July 14th & 18th.
Motion-Approval of Minutes for July 14, 2005
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 Moore
seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee
Larry Fresinski-Abstain Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
Trustee John O’Neill-Aye
Motion-Approval of Minutes for July 18, 2005
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:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
The
Mayor stated that he would be attending the engineering meeting Thursday
regarding the proposed Warren Rd. Project. The flow meter at Kline Road still
needs to be installed. On Saturday Don went up Bomax Drive and had a
conversation with Ivar Jonson. Ivar is moving right along with his recently
approved Lansing Trails II cluster subdivision and has one foundation in and
another surveyed out. Don has not heard from the Fire Department regarding the
possible relocation and construction of a new station.
John O’Neill stated that the
Fire District is putting together an assessment of construction or reconstruction
of their existing building. Jodi had provided him with information that was
faxed over from NYCOM on the issue. Dubow briefly explained the “balancing of
public interests” test now being applied to situations where one governmental
entity is proposing to proceed with a project within the jurisdiction of
another governmental entity. Basically, the courts generally now require in
these situations that the public interests involved be evaluated to determine
the nature and extent of the interests of the respective governmental entities
and if the local laws of the “host” governmental entity should or should not
apply. One somewhat unresolved question is who does the balancing test in the
first instance. Generally, it is the
“intruding” agency that wants to proceed with the initial determination,
although local “host” municipalities have challenged that approach. Ultimately, it is a court that will determine
the proper balancing of public interests in disputed cases.
This afternoon Tim Joseph
contacted the Mayor regarding the cell tower located at the Public Safety
Building. Apparently it is not strong enough and needs to be relocated. Don
provided the Board with a copy of Tompkins County Proposed Resolution No. P,
which was an amendment to the Capital Program and appropriation from the
contingent fund for relocation of the communication tower located at the Public
Safety Building to Snyder Road. The County also agrees that this action is
subject to local zoning as stated in their proposed Resolution No. Q-Balancing
Test Analysis Regarding Construction of Tower in the Village of Lansing.
It was explained that there
still is an outstanding problem with the proposed new tower location in that
Verizon doesn’t feel the new location is adequate because the signal doesn’t go
over the hill. Dooley Keifer stated that the Legislature was intending to vote
on this issue the following evening. Dooley stated that alternate areas that
may be considered are the Agway area or up around Borg Warner.
A gentleman that arrived late
to the meeting asked if he could speak. Richard Flaville lives at 38 Sheraton
Drive. He expressed his concern that drivers do not stop when he is crossing
the street using the crosswalk on Sheraton Drive. It was suggested that a sign
be posted that says “New York State Law to Stop for Pedestrians”. Universities
have formal policies that state you must yield to pedestrians. This issue will
be referred to John Courtney, the Village’s Superintendent of Public Works, to
see what can legally be done. The Mayor explained that the Village does not
have a police force and that having one would dramatically increase Village
taxes. The Mayor will investigate to see what can be done. The Village may need
to amend its traffic law.
Motion-
To Adjourn
Trustee
Fresinski moved for adjournment. Trustee O’Neill seconded the motion. A vote
was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
Trustee John O’Neill-Aye
The meeting adjourned at
9:00PM.
Jodi Dake
Clerk/Treasurer