HomeMy WebLinkAbout1998-07-01lao JULY 11 1998 The Lansing Town Board met in Special Session at Town Hall Board Room at 7:00 p.m. with Supervisor Kirby ROLL CALL Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Richard John VISITORS: George Totman, Conlon, Linda Beckwith, Aline Lansing resident. Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney the Lansing presiding. Present Present Present Present Present Present Present Matt Shulman, Kevin Kauffman, Pat Shulman, Martha Gold and one other The Supervisor called the meeting to order and had the clerk take the Roll Call. Kevin Kauffman discussed the following with the Board Members: 1. A PROPOSAL FOR DETERMINING FINANCIAL RESPONSI FUTURE BPWS TREATMENT PLANT EXPANSION PROJECT: Mr. Kauffman discussed the allocation of capacity issue with the Board. The Town of Ithaca added a minor change which states The Town council will agree in concept to the inside user expansion approach if the following condition is added: "The inside users expansion approach will become null -and -void upon the occurrence of the Commission providing an average or more than 2.5 million gallons of water per day to outside users under either or both of the following circumstances: 1. The AMC is amended to authorize the Commission to serve outside users and /or the Commission enters an agreement to serve an outside user. 2. The AMC is amended to admit an additional municipal party." The Town Board had some concerns with the agreement in general as it would not come into effect for at least thirty five years from now. The Board also had some concerns with the wording in the agreement. It was the consensus of the Board to study this, along with the Town Attorney and make a decision at a later date. Mr. Kauffman will inform the Commission that the Lansing Town Board's response will come at a later date. He will also inform the Commission that the Town is sticking with their original response made in May of 1998 stating that the agreement would be null -and- void if there is any outside partner. The Town Board and Mr. Kauffman discussed another issue which would allow Bolt -on Point to act on the Town's behalf to get the best deals. After some discussion, the following resolution was offered: RESOLUTION offered by Mr. Tvaroha Beckwith: WHEREAS, the Town Board of the Town of request from the Southern Cayuga Lake Commission (SCLIWC) for authority to enter the City of Ithaca and Cornell University agreement from Bolton Point, and and seconded by Mr. Lansing has received a Intermunicipal Water into negotiations with for a bulk water sale WHEREAS, the purpose of the negotiations is to arrive at a proposed agreement for consideration by the member municipalities of the Commission, and WHEREAS, it is in the interest of all of the member municipalities of SCLIWC to negotiate with the City of Ithaca and Cornell University concerning the terms of a bulk water sale agreement. 101 continued, July 1, 1998 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 Mr. Kauffman has drafted a letter to the Town of Genoa from the Town of Lansing stating that because of the other interest going on in the County and the other municipalities involved, we are not prepared now or in, the future to provide water to the Town of Genoa, but on an emergency basis the Town is always willing to be good neighbors. The Board agreed to this and it was the consensus to authorize the Supervisor to put said draft on Town of Lansing letterhead, sign and send to the Town of Genoa. Mr. John presented the public with clerical corrections to the proposed zoning ordinance. It was also decided that the map needed to be corrected, showing that two parcels on the south side of Peruville Road who are in the R1 District should be in the B1 District, The Planning Board agreed that this was in error. It was decided that Mr. Totman will maintain a "master map" in his office with any corrections. RESOLUTION offered by Mr. Butler and seconded by Mr. Cleveland: WHEREAS, the Town of Lansing Planning Board has prepared a draft amendment to the Town Zoning Ordinance after a lengthy process of examination of the needs of the Town and the areas where regulation and control of growth are required, and after having consulted with a municipal planner, the Planning Board having submitted the draft amendments to the Lansing Town Board, and WHEREAS, the Town Board having reviewed the proposed amendments and conducting a review of the needs of the Town for amendment of its land use controls, and WHEREAS, the Town Board of the Town of Lansing having conducted a public hearing concerning the amendments to the Town Zoning Ordinance on June 24th, 1998, at which time, the Town Board received public comment, and WHEREAS, the Town of Lansing has complied with the requirements of the State Environmental Review Act, having prepared a Full Environmental Assessment Form and having conducted a hearing on July 1, 1998, and WHEREAS, due notice of all proceedings was had and all steps required having been taken, therefore, it is RESOLVED, that the Town Board of the Town of Lansing approves and adopts the proposed amendments to the Town Zoning Ordinance together with the clerical corrections identified in a prior resolution and directs that these amendments be made to the Town of Lansing Zoning Ordinance and the Town Code Enforcement Officer be directed to make the amendments available to the residents of the Town and to enforce the provisions of the revised Ordinance. CLERICAL CORRECTIONS TO ZONING AMENDMENTS Throughout In Schedule I the references to Section 802 shall be corrected to 802.0 Throughout In Schedule I, the requirement for site plan review is designated by the use of an asterisk rather than a reference to Section 701.0. Page V -4 In Schedule I, the nursery school; day care facility 102 continued July 1, 1998 use is corrected to show an asterisk in the zones requiring special conditions. Page V -4 In Schedule I, the nursing home; hospital; health related clinic use is corrected to show an asterisk in the. zones requiring special conditions. Board" Page V -4 In Schedule I, the funeral home use is corrected to show an asterisk the in the zones requiring special conditions. Page V -5 In Schedule I, the professional Office use for R2 zones is corrected to read 803.2.4, rather than 802.4. Page V -8 In Schedule I, the communication tower use is completed to show that the use is not allowed in the L1, R1, R2, R3, and B1 zones. Page VII -2 Section 701.3.1 is corrected to read "Appendix I" rather than "Article III". Page VII -2 Section 701.3.2 is corrected to read "Appendix I" rather than "Article III ". Page VII -6 Paragraph 12(b) Section 704.1 is corrected to read "approved by the Town Board" rather than "approved by the Planning Board" Page VIII -1 Section 802.0 shall be changed to reference Section 705.0 rather than Section 701.0, Page VIII -5 Section rather than "referecy" Page VIII -7 Section rather than 802.211. 802.18 II Page 9 Paragraph 12(b) is corrected to read "reference" Board may deem necessary" rather 803.2.2 either body may deem necessary (c) is corrected to read 803.2.1 Page VIII -8 Section 803.3.1 is corrected to read Application for a Special Use Permit shall be made to the Code Enforcement Officer who shall refer it to the Town Board if site plan review is required. Page IX -1 Section 901.3 is corrected to read "required by SCHEDULE III of this Ordinance" rather than "required by SCHEDULE II of this Ordinance ". Page IX -2 Section 901.4 is corrected to read "(see definition in Appendix I)" rather than "(see Sec. 300) ". Appendix I page 1 In Definitions Section of Appendix I of the Ordinance, the references under Sections Al for Adult Book /Novelty Store and A2 for Adult Entertainment, are deleted and these Sections shall be reserved for future use. Appendix II Page 44 Paragraph 5 of the Cell Tower Ordinance is corrected to read "Lighting and Marking" rather than "Lighting and Marketing ". Appendix II Page 8 Paragraph 11(c) of the Cell Tower Ordinance is corrected to read "if more detail is required" rather than "if more detailed ". Appendix II Page 9 Paragraph 12(b) of the Cell Tower Ordinance is corrected to read. "as the Town Board may deem necessary" rather than "as either body may deem necessary ". Appendix IV Page 2 In the Uses Permitted - Restrictions Section of the Adult entertainment Ordinance, Paragraph A(3) is corrected to read "A boundary line of any property zoned as a residential district or the nearest portion of any building used for residential purposes as a permitted use." continued, July 1, 1998 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 RESOLUTION offered by Mr Beckwith: WHEREAS, the Town Board of public hearing concerning the Ordinance on June 24th, 1998, received public comment on the Town Zoning Ordinance, and Tvaroha and seconded by Mr. the Town of Lansing conducted a amendments to the Town Zoning at which time, the Town Board final proposed amendments to the WHEREAS, the proposed amendments to the Town Zoning Ordinance constitute a Type 1 action for which the Lansing Town Board is legislatively determined to act as the lead agency in environmental review with respect to amendments of the Zoning Ordinance, and WHEREAS, the Town Supervisor prepared a Full Environmental Assessment Form for presentation to the Town Board, and the Town Board reviewed the Full Environmental Assessment Form, and after due consideration, the Town Board of the Town of Lansing accepted the Long Environmental Assessment Form as adequate, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above - referenced action as proposed and, therefore an Environmental Impact Statement will be required. 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 Mr. Pat Conlon felt it would be a good policy for the Town to start with a "correct" map but the Board felt that because of the expense that would be incurred, Mr. Totman will correct the maps that have already been printed to show the change in the two parcels on Peruville Road. When new maps are ordered, this correction will be on them. RESOLUTION, offered by Mr. Beckwith and seconded by Mr Cleveland: WHEREAS, the Town Board of the Town of Lansing conducted a public hearing concerning the amendments to the Town Zoning Ordinance on June 24th, 1998, at which time, the Town Board received public comment. In the course of the public comment period, several clerical errors in the proposed Ordinance came to light which did not change the substance of the proposal, but would make it more difficult for the public to understand, and WHEREAS, the Town Board directed the Town Attorney and the Town Code Enforcement Officer to review the document and prepare a list of clerical corrections to the document, and WHEREAS, the Town Board has received and reviewed the proposed clerical corrections to the document, which clerical corrections are attached hereto, and WHEREAS, an Peruville Road whE zones in the Town zone rather than intended and would issue arose :re the map incorrectly the B1 zonE lead to dif concerning two properties on the prepared to designate the proposed placed these properties in the R1 and such a designation was not ferent zoning on opposite sides of 103 104 continued, July 1, 1998 the street, therefore, it is RESOLVED, that the Town Board of the Town of Lansing approves the clerical corrections to the proposed amendments to the Town Zoning Ordinance together with a change in the map to show the two properties on the Peruville Road that are included in the B1 zone, and the Town Board directs the Town Code Enforcement Officer to incorporate these clerical corrections into the final document. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor A copy of the minutes of June 3rd and June 17, 1998, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the minutes of June 3rd and June 17, 1998 are hereby approved as submitted. Carried Carried Mr. John stated that he is still waiting to here back from the New York State Department of Environmental Conservation Office of Parks, Recreation and Historic Preservation on whether they are going to require archeological survey's in Water District No, 12, Ext. No.l and Water District No. 7, Ext. 10. Mr. John stated that everything else has been done and these people are having trouble with zebra mussels. It was the feeling of the Town Board to authorize emergency hook -ups. With this consensus, the following resolution was offered: RESOLUTION offered by Mr. Tvaroha and seconded by Mr. Beckwith. WHEREAS, the Town of Lansing has, by prior resolution, established Water District 12 Extension 1 in the Town of Lansing, and the resident; are awaiting approval of the New York State Department of Environmental Conservation of the Water Supply Application for the Water District 12 Extension 1, and WHEREAS, a Division of the New York State Department of Environmental Conservation, the Office of Parks, Recreation and Historic Preservation is considering the need for an archeological survey of the land around the water line prior to issuing a water supply permit, and WHEREAS, the Town of Lansing has received a request from the residents of the Water District 12 Extension 1 to allow emergency water service hook -ups through the water lines to be dedicated to the Town of Lansing pending the receipt of a water supply permit from the New York State Department of Environmental Conservation, and WHEREAS, without such emergency hook -up, several of the residents will be unable to secure an adequate water supply and, due to pending home sales, will potentially incur significant financial losses if the water service is not provided, and . WHEREAS, the Town Engineer for the Town of. Lansing has indicated that he has no engineering objections to the operation of the water system prior to receiving the approval of the Water Supply Application by the New York State Department of ., �4 continued, July 1, 1998 Environmental Conservation and dedication of the water lines to the Town of Lansing, as long as the lines are properly tested and disinfected, and therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby authorizes, based upon the health and welfare of the residents of the Water District 12 Extension 1, an emergency hook -up of the water system service to be Water Supply Environmental in Water District 12 Extension 1, to allow water supplied to the residents pending the approval of the Application by the New York State Department of Conservation, and it is, FURTHER RESOLVED, that the residents of Water District 12 Extension 1 shall indemnify and hold harmless the Town of Lansing from any claims, suits or causes of action related to the provision of water during the term of this emergency hook -up, and it is FURTHER RESOLVED, that the residents of Water District 12 Extension 1 shall take all steps necessary and within their power to secure the Water Supply Permit including compliance with the New York State Department of Environmental Conservation Office of Parks, Recreation and Historic Preservation requirement for an archeological survey if necessary, dedicate the water lines to the Town of Lansing and complete the development of the Water District 12 Extension 1 at the earliest possible time. 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 The Bookkeeper faxed Mr. John a proposed contract for reimbursement of consulting costs for the Cable Commission. Earlier, the Town Board agreed to hire a consultant to negotiate on behalf of all the municipalities that are part of the Cable Commission. The cost to the Town will not exceed $2.00 per subscriber which would total $ 3,678.00. The Town Board agreed to this and made the following resolution: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr, Butler: WHEREAS, the Tompkins County Intermunicipal Cable Commission has requested authorization for the City of Ithaca to hire a consultant, Rice, Williams Associates, to negotiate the cable franchise renewal on behalf of the member municipalities with the cable television provider for Tompkins County, and WHEREAS, the purpose of the negotiations is to arrive at a proposed agreement for consideration by the member municipalities of the Commission, and WHEREAS, the Town of Lansing share of the cost of hiring the consultant is based upon a percentage share of the County cable television subscribers at a cost not to exceed $ 2.00 per subscriber or $ 3,678.00 for the Town of Lansing. WHEREAS, it is in the interest of all of the member municipalities of the Tompkins County Intermunicipal Cable Commission to utilize a common negotiator who is knowledgeable of the issues involving cable television franchises, therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Supervisor to execute an agreement to reimburse the City of Ithaca a proportionate share of the cost of hiring a consultant, Rice, Williams Associates, based upon the number of cable television subscribers in the Town of Lansing, excluding the Village, at a not to exceed cost of $ 3,678.00, to negotiate with the Tompkins County cable television provider. 105 106 continued July 1, 1998 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 Mrs. Kirby informed the Board that the Pronti' s who live at 19 Conlon Road are having problems with water run off from the Town's land. The problem is ruining their driveway. It was the consensus of the Board to have Mr. Larson look into this matter and report back to the Board. with his opinion. RESOLUTION offered by Mr. Cleveland and seconded by Mr. Butler: RESOLVED, that the Regular meeting be adjourned to go into Executive Session to discuss a personnel matter and also to discuss a contract between the Town of Lansing and Bolton Point at 7:59 p.m. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr Butler: RESOLVED, that the Executive Session be terminated at 8:25 p.m. and the Special Meeting be reconvened. Carried. RESOLUTION offered by Mr. Tvaroha and seconded by Mr. Butler: WHEREAS, the Town Board of the Town of Lansing has received an inquiry on holiday vacation time, and WHEREAS, Town Council person, amendment to the Town Policy manual vacation time, and the Town Board changes to the Town Policy and Pro Larry Tvaroha prepared a draft to address the issue of holiday having discussed the proposed cedure Manual, and RESOLVED, that the Town Board of the Town of Lansing, upon due consideration, directs that the Town Policy and Procedure Manual be amended to include the changes proposed by Council person, Larry Tvaroha with the addition of a provision indicating that the open hours of Town Offices shall not change as a result of a holiday except for the closing of the Office on the designated holiday itself. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board (Aye) Herbert Beckwith, Councilman (Aye) Paul Butler, Councilman (Aye) Jeffrey Cleveland, Councilman (Aye) Larry Tvaroha, Councilman (Aye) Jeannine Kirby, Supervisor On motion, meeting adjourned at the call of the Supervisor at 8:40 p.m.