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HomeMy WebLinkAbout2003-08-06313 SPECIAL BOARD MEETING DATE. August 6, 2003 TIME: 7:00 P.M. PLACE: Lansing Town Hall Boardroom AGENDA 1. Call Meeting to Order. 29 Roll Call, 3. Pledge of Allegiance 4. Privilege of the floor A. Anyone wishing to address the Board 5. Code Enforcement Officer A. Boles property Special Permit 6. Board Member Reports 7. Executive Session if needed 80 Adjournment 314 SPECIAL TOWN BOARD MEETING The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call.. Stephen Farkas Katrina Greenly Doug McEver Meg Overstrom Francis Shattuck Bonita Boles Debbie Crandall ROLL CALL Supervisor Councilperson Councilperson Councilperson Councilperson Town Clerk Deputy Town Clerk Present Present (7:05) Present Present (7:04) Present Absent Present Guy Krogh Town Attorney Present VISITORS: Jack French, Dick Platt, Connie Wilcox, and Julie Boles. The Supervisor lead all present in the pledge of allegiance. The Supervisor informed all present that there were two additions to the agenda. 1. Resolution on Storm Water Phase II Regulation 2. Set Public Hearing on Proposed Changes in Zoning PRIVILEGE OF THE FLOOR There was no one to address the Board. Code Enforcement Officer: BOLES PROPERTY SPECIAL PERMIT RESOLUTION, offered by Mr. McEver and seconded by Mrs. Overstrom: WHEREAS, resident Daniel Boles of 234 Myers Road was previously granted a special use permit (on April 16, 2003) to allow the stabling of 1 horse at his residence, upon his property (Tax Parcel #32. -1 -426), which is located in an R2 District, which is not an allowed use without a special permit; and WHEREAS, the Town Board referred the matter to the Planning Board for review and recommendation by Resolution of June 18, 2003, and the Planning Board reviewed the proposal and waived a public hearing, and WHEREAS, the requested special use permit is recommended by the Planning Board after it was determined that the proposed use would not adversely affect the neighborhood or its characteristics; and WHEREAS, and after review and discussion of such circumstances and proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing, hereby grants the special use permit application of Daniel Boles, specifically allowing the stabling and keeping of up to 5 (five) horses at the subject parcel, subject to any conditions and requirements now or hereafter imposed by the Planning Board. Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board. (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson August 06, 2003, continued Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor PUBLIC HEARING ON PROPOSED CHANGES IN ZONING WHEREAS, the Town of Lansing Planning Board has prepared a draft amendment(s) 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 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 of amendment of its land use controls, and WHEREAS, the Town Board, in conjunction with the Planning Board and several public comment and input sessions held by the Town Board and the Planning Board, has completed the proposed changes and amendments to the Town Lansing Use Ordinance; and WHEREAS, the Town now desires to set the date for a formal public hearing upon the said Land Use (Zoning) Ordinance, and WHEREAS, the Town Board having been advised by counsel of the publication and notice requirements set forth in the Town Law and the General Municipal Law, and the Town Board having reviewed and discussed such requirements and the need for and timing of a public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that a public hearing concerning the adoption or rejection of the proposed changes and amendments to the Town Land Use Ordinance (including a revised zoning map) be and hereby is set and scheduled for 7:30 p.m. on August 20, 2003 at the Town Hall at 29 Auburn Road, Lansing, New York 14882; and it is further RESOLVED, that a copy of the proposed amendments and the proposed amended maps be promptly filed by the Town Clerk in the Town Clerk's Offices, and that the same be made available for public review. 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) Highway Superintendent, t for at Katrina Greenly, Councilperson Doug McEver, Councilperson Meg Overstrom, Councilperson Francis Shattuck, Councilperson Stephen Farkas, Supervisor in it: Jack French, Highway Superintendent informed the Board that at the next meeting they would receive petitions to install Children at Play signs on Reach Run, Forest Acres and Stormyview. He has also been approached by a resident to reduce the speed limit on Salmon Creek Road from Red Bridge north. A petition for this could be expected at the next board meeting. Whispering Pines Extension: Dave Herrick, Town Engineer and Steve Makela, Deputy Highway Superintendent have done the final inspection. There are some minor problems. Mr. French and Dave Herrick recommend that the Board except the road and keep the $50,000 bond until the road is repaired. After further discussion the following resolution was hereby adopted. 315 m August 6, 2003, continued RESOLUTION, offered by Katrina Greenly and seconded by Meg Overstrom: WHEREAS, developer Richard B. Thaler requested that the Town formally adopt and accept the new roadway at Whispering Pines (Whispering Pines Extension); and WHEREAS, the Town Highway Supervisor and Town Engineer have been regularly engaged with the inspection and approval process of such roadway to insure compliance with Town specifications; and WHEREAS, the roadway is substantially complete, though in need of only minor adjustments, such as (1) softening the ditch angle in one location, (2) leveling out a hump in the center of the roadway, and (3) straightening certain valves or other appurtenances; and WHEREAS, to insure such repairs the developer will keep in place a $50,000.00 bond /letter of credit; and WHEREAS, the Town Board, upon the recommendation of the Town Highway Supervisor and the Town Engineer, and upon condition that the bond /letter of credit remain in place until all repairs are made, and upon due deliberation and consideration of all facts and circumstances regarding such roadway, hereby has RESOLVED, that the Whispering Pines Extension be and hereby is accepted for dedication as a public road, subject to the following conditions: (1) that the $50,000.00 bond /letter of credit remain in force and effect until all repairs and adjustments are completed to the joint satisfaction of the Town Highway Supervisor and Town Engineer; and (2) that all repairs and adjustments be made before formal dedication; and it is further RESOLVED, that the Town Attorney proceed with steps to allow a formal dedication of such roadway, prepare or approve maps and deeds, as required, and take all such other steps as are required or necessary to allow the Town Board to formally accept dedication of the subject proposed Town road. 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) Board Member Reports Guy Krogh Town Attorney: Katrina Greenly, Councilperson Doug McEver, Councilperson Meg Overstrom, Councilperson Francis Shattuck, Councilperson Stephen Farkas, Supervisor Town Attorney, Guy Krogh passed out the following to all Board Members: ZONING AMENDMENT FILING, NOTICE & PUBLICATION REQUIREMENTS The following is applicable when amending a zoning ordinance: 1. Town Law § 264: 10 days advance publication of public hearing notice in at least 1 newspaper of general circulation within the Town. 2, Town Law § 264: Once adopted, ordinance takes effect 10 days after publication if (a) the ordinance is entered in Town Clerk's Minutes ( with the map), and (b) the ordinance is published (or an abstract thereof is published) in at least 1 newspaper of general circulation within the Town, and (c) and affidavit of publication of the ordinance (or an abstract thereof) is filed with the Town Clerk 317 August 6, 2003, continued promptly after publication (Note: you can personally serve a copy of the ordinance upon any entity or person and have the ordinance take effect as to that entity or person upon such service). 3. Town Law §264: At least 10 days before the public hearing, service of the notice must also be made upon: a) any affected housing authority (with a structure within 500 feet of any affected change /area), by service upon the Executive Director (or municipality providing financial assistance thereto); b) each neighboring town, village, or city (whose boundary is within 500 feet of any affected change /area), by service upon the Clerk (this includes towns in other counties); c) the regional State Park Commission with jurisdiction over any State park or parkway that has a boundary within 500 feet of any affected change /area; and d) upon any neighboring County (whose County line is within 500 feet of any affected change /area), by service upon the Clerk of the Board of Supervisors. Note: Service may be by mail, but if so served, the General Construction Law requires that you add 5 days to allow for delivery of the mails. Thus, if service is effected by mail, the mail must be properly addressed, postmarked, with proper postage pre -paid, and placed into the exclusive care and custody of the U.S. Postal Service at least 16 days prior to the public hearing. While 10 + 5 = 15, when effecting service by mail, you do not count the day of delivery (postmarking) as a full day, and thus must add an extra day. 4. General Municipal Law § 239 -m: 30 days advance notice of proposed action (including sending copies of all proposals, documents and maps, including an EAF) must be sent or delivered in hand to the County Planning Board (or if there is none, then to any regional planning council). Note: the 30 days must precede the adoption (or vote upon adoption) of the zoning ordinance, not the public hearing. Doug McEver, Councilperson Historic Government Building Committee — They are looking into funding for the committee, donations, grants, etc. WRC — They have readjusted the document and it has been sent back to the committee. Kathy Valentino and he are now on the committee and the next meeting is on August 18th Watershed — still trying to get more grants and utilize the one grant that they have received. Floating Classroom — is up and running with 18 rooms so far. Schools involved are Wells College, Ithaca College and Ithaca City Historic. They are trying to get the other schools involved along with Senator Nozzolio. Meg Overstrom - Council person Lansing Housing Authority — feasibility on the second building has been put on hold. They are trying to get grant money to help with the funding. There are now 21 people on 318 August 6, 2003, continued the wait list. General repairs to the building are being done along with new windows and roof. Lansing Fire Commissioners — The truck that they hope to replace is a 1976 pumper which is part of their 30 year equipment plan. There will be a Public Hearing in September at the Central Fire Station and North Lansing. Katrina Greenly — Councilperson Lansing Library — There will be a used book sale on August 30`h at the Community Center. Renovations for the building start this fall. Concerts in the Park - They have been a huge success. There was a complaint that if the Town is paying for it why are we collecting money? Mrs. Overstrom also stated that a grant was received for this. People requested their money back when one group only played an hour. Bud Shattuck — Councilperson Sewer — The DEC Public Hearing went well and they are looking at signing contracts. There will be another meeting in a couple weeks. Planning Board — They have gone over the ordinance and the final changes will be done this week. Notice must be 10 days prior to the Public Hearing and a vote can't be taken until 30 days after the Public Hearing, which will be done at the September 17`h meeting. Cayuga Lake Watershed Committee — Mr. Shattuck passed out a letter from Deborah Grantham along with a sample resolution. After further discussion the following resolution was hereby adopted. RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Overstrom: WHEREAS, Phase II Stormwater Regulations have been promulgated by the US Environmental Protection Agency and the New York State Department of Environmental Conservation; and WHEREAS, the Town of Lansing, County of Tompkins is part of the urbanized area of Tompkins County and is a Municipal Separate Storm Sewer System (MS4) as defined by the Phase II Stormwater Regulations; and WHEREAS, the Phase II Stormwater Regulations require that all MS4s implement a Storm Water Management Plan (SWMP); WHEREAS, the MS4s are strongly encouraged by the New York State Department of Environmental Conservation to collaborate in SWMP implementation, including applications for funding; and WHEREAS, the New York State Department of Environmental Conservation has issued a Call for Applications for funding that may be used towards SWMP implementation, THEREFORE, BE IT RESOLVED that the Town of Lansing, County of Tompkins will cooperate with the other municipalities and school districts in the urbanized area of Tompkins County in seeking funding and implementing SWMPs and other activities relating to the control of stormwater impacts on water bodies. Vote of Town Board ... (Aye) Katrina Geenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Meg Overstrom, Councilperson 319 August 6, 2003, continued Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Water Consolidation — Next week a letter will be going to every person in a water district and outside boundary district. The consolidation will create a single Town system instead of multiple districts. The proposed annual charge per EDU will be $150 and will be included in the Town and County tax bill. The Town's portion of the water rate will be reduced from $1.10 to $.045 per 1,000 gallons. An information session will be held at the August 20th Board Meeting with a Public Hearing scheduled for September 3, 2003, County Budget — Mr. Shattuck passed out a letter from Steve Whicher, County Administrator entitled Record - Setting Budget Woes. Better Housing — The Town should hear about the grant the first part of September. SPCA Meeting — Debbie Crandall reported on the SPCA meeting that was held on August 5th at the Groton Town Hall. The towns of Groton, Dryden, Ithaca and Lansing met with the Board of Directors from the SPCA. The Town Clerks met with Nathan from the SPCA in December 2002 in regards to the problems of dog control. Most towns agreed that they would undertake the work of sending reminder notices and writing tickets to free up the Animal Control Officers time to be used in the field. The change was effective January 2, 2003. To date the Town of Lansing has issued 204 reminder letters from January — June. There have been 56 tickets issued. This has resulted in $1,040 in court fines, (February — June) compared to $60.00 in all of 2002 with 26 tickets being dismissed. In the meantime we have received numerous complaints from our residents. Three major complaints were a dog bite at the Pit Stop. The dogs are still at large and unlicensed. The dog was not quarantined for the 10 days as required by State Law, (paragraph (b) of the agreement). A letter from the resident was written and given to the Board of Directors at the meeting. Another resident was attacked while riding his bike and had to personally do most of the investigation before tickets were finally issued. A lady was hearing impaired and felt if she was contacted by the Animal Control Officer, instead of just putting the ticket on her door (paragraph (c) of the agreement) the ticket would not of been issued. The Town of Lansing also requested that the SPCA be required to do the dog enumerations, as was done in the past. The Board of Directors is to report back to the towns by August 12th Mr. Farkas stated that it was a very successful meeting. Zoning Changes — Mr. Shattuck reviewed the changes that were made by the Planning Board last week. Steve Farkas Town Supervisor Consolidated Water & Sewer — The $680,000 was received from the Environmental Conservation. Lansing School Tax Collection — The Lansing Central School District needed a place to use to do their School Tax Collection. The Fire Department would not allow them to utilize their facility again. They will be using the Community Center and installing a phone line. Hours of collection will be as follows: Monday, Wednesday & Friday 9:00 am— 6:00 pm (Closed for lunch 1:00 — 1:30) Saturday 9/13, 9/20, 9/27 and 10/25 8:00 am — noon 320 August 6, 2003, continued They have provided the town with the necessary insurance certificate. Mr. Shattuck wondered how that would affect the Drop Inn Center and the flow of traffic. Budget — Process has started. The 3`d quarter sales and mortgage tax was received. Along with the rise in assessed value. Meeting adjourned at the call of the Supervisor at 8:20 p.m. Minutes taken and executed by the Deputy Town Clerk.