HomeMy WebLinkAbout1997-04-23256 April 23, 1997 Jeannine Ki by Paul Butler Herbert Beckw th Jeffrey Clevel Larry Tvaroha Bonita Boles Rich John ROLL CALL Supervisor e Lansing Town Board met in Special Session at the Lansi Town 11 Board Room at 7:00 P.M. with Supervisor Kir presidin Present Councilman at 7:00 / Jeannine Ki by Paul Butler Herbert Beckw th Jeffrey Clevel Larry Tvaroha Bonita Boles Rich John ROLL CALL Supervisor having esent Councilman for the resent Councilman Hall on Present Councilman Joint Present Councilman at 7:00 Present Town Clerk RESOLUTION, offere Absent Town Attorney varoha and seconded by Mr. Present VISITORS: Pam nGelder, Kathy Mil L6r, Claudia DeLoren, Susan Miller, Bill Mill r, Pat Conlon, G rg Bush, Doug Emmerick, Tom Robinson and Ed Tamm nickas. The Supervisor called \the meeting /to order and took the Roll Call. Proof of Notice having be furnished, the Public Hearing to for the Town of Lansing at the Town Hall on discuss the Bolton Point Joint Capital Reserve Fund Resolution was called to order at 7:00 P.M. Butler, RESOLUTION, offere by Mr. varoha and seconded by Mr. Butler: RESOLVED, aftek all persons been heard the Pubic Hearing was des'ri : ng to be heard, having termi ated at 710 P.M. Carried. RESOLUTION IN SUPPORT OF R THE OUTHERN CAYUGA LAKE INTERMUNI OR SPECIAL LEGISLATION AUTHORIZ CAPITAL RESERVE FUND a Special Lans g held in and Apr 1 23, 1997, the K'rby, Supervisor; ounciiman; Herbert EST OF PAL COMMISSION NG A JOINT Meeting of the Town Boar of the Town of for the Town of Lansing at the Town Hall on following members being pr ent: Jeannine Larry Tvaroha, Councilman; Paul Butler, Beckwith, Councilman; and Jeffr6ly Cleveland, r: 1 I I April 23, 1997 The Lansing Town Board met in Special Session at the Lansing Town Hall Board at 7:00 P.M. with Supervisor Kirby present. Jeannine Kirby Paul Butler Herbert Beckwith Jeffrey Cleveland Larry Tvaroha Bonita Boles Rich John Roll Call Supervisor Present Councilman Present Councilman Present Councilman Present Councilman Present Town Clerk Absent Town Attorney Present VISITORS: Pam VanGelder, Kathy Miller, Claudia DeLoren, Susan Miller, Bill Miller, Pat Conlon, Greg Bush, Doug Emmerick., Tom Robinson and Ed Tammenickas. The Supervisor called the meeting to order and took the Roll Call, PUBLIC HEARING & RESOLUTION - BOLTON POINT Proof of Notice having been furnished, the Public Hearing to discuss the Bolton Point Joint Capital Reserve Fund Resolution was called to order at 7:00 P.M. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr, Butler: RESOLVED, after all persons desiring to be heard, having been heard the Public Hearing was terminated at 7:10 P.M. Carried. RESOLUTION IN SUPPORT OF REQUEST OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL COMMISSION FOR SPECIAL LEGISLATION AUTHORIZING A JOINT CAPITAL RESERVE FUND At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on April 23, 1997, the following members being present: Jeannine Kirby, Supervisor; Larry Tvaroha, Councilman; Paul Butler, Councilman; Herbert Beckwith, Councilman; and Jeffrey Cleveland, Councilman; the following Resolution was duly made by motion of Jeffrey Cleveland, and seconded by Herbert Beckwith. WHEREAS, the Southern Cayuga Lake Intermunicipal• Water Commission (the "Commission ") is a body formed by intermunicipal agreement among the Towns of Dryden, Ithaca, Lansing and. the Villages of Cayuga Heights and Lansing, all in Tompkins County, New York, for the purposes (among others) of constructing, maintaining and operation water supply and transmission facilities for the member municipalities of the Commission; and WHEREAS, the Town of Lansing is one of the parties to the agreement establishing the Commission and is a member of the Commission and WHEREAS, the Commission supervised the construction of such facilities some twenty years ago; and WHEREAS, the age of such facilities, as well as the increased demand for water and related services from the Commission's facilities, has resulted in needed capital improvements to the systems; and WHEREAS, the Commission and the Town of Lansing believe it is prudent and appropriate to establish a joint Capital Reserve Fund to permit accumulations of moneys to fund some of the needed capital improvements; and 257 258 April 23, 1997, continued WHEREAS, there is some question as to the legal ability of the member municipalities to create such a joint fund without special state legislation authorizing such a fund, and in particular for Towns to create such a fund without the necessity of a permissive referendum; and WHEREAS, the inability to create a joint capital reserve fund will greatly handicap the construction, replacement, and enlargement of the facilities which provide water to residents in the five municipalities, as well as, on occasion, .to residents in other municipalities in Tompkins County; and WHEREAS, that the Town of Lansing held a Public Hearing on the 23rd day of April, 1997, at 7:00 P.M. at the Lansing Town Hall to consider and receive public comment on the proposed New York State Legislation; of and therefore, (Aye) it is Vote RESOLVED, that the Town of Lansing finds by reason of the foregoing that there exists a necessity for the passage of the law annexed hereto entitled "An Act to Amend the General Municipal Law to Authorize Certain Municipalities in Tompkins County to Jointly Establish a Capital Reserve Fund" pursuant to which authority is given to the Commission and its member municipalities by joint agreement to establish a capital reserve fund for capital improvements as defined in the General Municipal Law, such establishment to be authorized without the need for any referenda. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor PUBLIC HEARING & LOCAL LAW #2 - RIGHT TO FARM LAW Proof of Notice having been furnished, the Public Hearing to discuss the Right to Farm Law was called to order at 7:15 P.M. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: RESOLVED, after all persons desiring to be heard, having been heard the Public Hearing was terminated at 7:20 P.M. TOWN OF RIGHT TO LOCAL LAW LANSING FARM LAW #2 - 1997 Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the RIGHT TO FARM LOCAL LAW #2 - 1997 be it enacted by the Lansing Town Board of the Town of Lansing as follows: SECTION 1. LEGISLATIVE INTENT AND PURPOSE a. The Town Board of the Town of Lansing find that farming is an essential activity within the Town of Lansing. b. Farming, as defined herein, reinforces the special quality of life enjoyed by residents of the Town, provides the visual benefit of open space and generates economic benefits and social well -being within the community. Therefore, the Town of Lansing emphasizes to newcomers and non - farmers that this Town encourages agriculture and request newcomers and non - farmers to be understanding of the nature of 1 E n April 23, 1997, continued day to day operations, c. It is general purpose and intent of this Local Law to maintain and preserve the rural tradition and character of the Town of Lansing, to permit the continuation of agricultural practices, to protect the existence and operation of farms, and to encourage the initiation and expansion of farms and agriculture business. d. For the purpose of reducing future conflicts between farmers and non - farmers, it is important that notice to be given to future neighbors about the nature of agriculture practices. SECTION 2. DEFINITIONS a. "Farm" - includes livestock, dairy, poultry, furbearing animal, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses, or other similar operations used primarily for the raising of agriculture of horticulture commodities. b. "Agricultural Practices" - includes all activities conducted on a farm, necessary to the operation of a farm. SECTION 3. THE RIGHT TO UNDERTAKE AGRICULTURE PRACTICES Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Lansing at any and all such times and all such locations as are reasonably necessary to conduct the business of farming. For any activity of operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge and improved technologies. SECTION 4. NOTICE TO PROSPECTIVE NEIGHBORS The following notice shall be included in building permits, special permits, permits issued in Site Plan Review and in any other situations where a permit is required to be issued by the Town of Lansing and on plats of subdivisions submitted for approval pursuant to Town Law Section 276 and the Land Subdivision Rules and Regulations of the Town of Lansing, New York. SECTION 5. "This property may border a Lansing Local Law No. 2 of known as The Right to Farm aware that farmers have the acceptable farm practices wh smoke, noise, and vibration, farm, as defined in Town of the year 1997, a Local Law Law. Residents should be right to undertake good or ich may generate dust, odor, If SEVERABILITY CLAUSE a. If any part of this Local Law for to be unconstitutional or inval shall not affect the remainder of b. Nothing contained herein shall being inconsistent with any other ordinance, rule or regulation of t any reason is held id, such decision this Local Law. be constructed as local law, he Town of Lansing 259 260 April 23, 1997, continued to supplement and complement other local laws, ordinances, rules and regulations. SECTION 6, EFFECTIVE DATE This Local Law shall be effective immediately upon filing, as provided by the Municipal Home Rule Law. Vote of Town Board (Aye) Vote of Town Board (Aye) Vote of Town Board (Aye) Vote of Town Board (Aye) Vote of Town Board (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor GO CART SITUATION Discussion was held on the go cart situation. Since there is no zoning, there is really no control of the Town Board. On motion meeting adjourned at the call of the Supervisor at 9:45 P.M. Minutes taken by the Supervisor and executed by the Deputy Town Clerk. E is