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.