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HomeMy WebLinkAbout2003-10-15REGULAR TOWN BOARD MEETING DATE: OCTOBER 15, 2003 TIME: 7:00 P.M. PLACE. LANSING TOWH HALL BOARDROOM AGENDA L CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. BETTER HOUSING INFORMATIONAL SESSION 4. GENESEO REGIONAL PLANNING - MS4 PROGRAM - 7:30 5. PRIVILEGE OF THE FLOOR 6. CODE ENFORCEMENT OFFICER'S REPORT A. WINDMILL PROJECT SET PUBLIC HEARING FOR 11/5/03 @ 7:05 P.M. 70 SET PUBLIC HEARING - 2004 TOWN BUDGET 80 ENGINEER'S REPORT 90 HIGHWAY SUPERINTENDENT'S REPORT 10. APPROVE AUDIT 11. APPROVE MINUTES OF 8/209 9/10 AND 9/25 12. BOARD MEMBER REPORTS 13. EXECUTIVE SESSION IF NEEDED 14. ADJOURNMENT 391 392 October 15, 2003 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor lead all present in the Pledge of Alegiance. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Katrina Greenly Councilperson Present Doug McEver Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Jack French, Dave Herrick, Dick Platt, Mary LaFavor, Verna Jaquith, Rebecca Keating, Mr. Catone, Lydia Heffron, Stacey Crawford, Erin Carlson, Lisa Mulvey, Beth Emnett, Jennie Daley, Caitlin Burns, Jesse Baker, Liz Frankel - Droge, Pat Farkas, Connie Wilcox, Judith Scott, Marion Bickal, Sarah McKane, Ken Gagnon, Scott Corbin, Chris Haring, Bill Targosh, John Howell, Jim Harrington, Mary Searles, Dan Konowalow, Alexander Shimone, Antonino & Clifford Newhart and Jason Haremza. BETTER HOUSING AUTHORITY. Stacey Crawford from Better Housing Authority handed out an overview sheet to all present. She stated that at present, there were 65 people on the waiting list and that only about 18 — 20 would be helped with this grant. She explained the following: How to qualify Income Chart What it would cost Who would get help first How to check to see if you were on the waiting list How to get on the list if you were not already on it When a person would know if they were selected The paper work process How to get a hold of Better Housing TOWN CODE ENFORCEMENT OFFICER'S REPORT: Mr. Platt stated that he was up by 10 permits from last year and up in project costs by $ 857,882.40. Targosh Windmill Proposal: Mr. Farkas stated that a Public Hearing needs to be held for the SEQR. Mr. Mark Smith informed the Board that Mr. Targosh had to leave due to an illness and he was. under the impression that the matter would be settled tonight. Mr. Farkas was under the impression that Mr. Targosh was going to pay for the whole windmill project himself. Two other Board Members were not under that impression. Mr. Shattuck felt a negative declaration and a SEQR could both happen at the Public Hearing on November 5, 2003. Mr. Platt informed the Board that Mr. Targosh has already paid for the permit and the application is complete. Therefore Mr. Platt felt the Town was obligated to issue the permit. He has informed him that he is going ahead with the tower on his own. Mr. Platt stated that if he does it on his own, he would not need a SEQR. J 393 Continued, October 15, 2003 Mr. Platt informed him that he should work with the neighbors regarding the height, color and location of the windmill. Mr. Smith stated that the height would impact the performance of the windmill. Mr. Smith also stated that Mr. Targosh would use more power than he will produce. Mr. Krogh stated that there has been an odd twist to the situation. He stated that Mr. Targosh needed a SEQR Review in order to receive his funding. Mr. Platt felt that a SEQR Review needed to go to the Planning Board. The Planning Board then made a determination that it was a "transmission facility" instead of a windmill, therefore it had to go to the Town Board for a Special Use Permit. At that point the Town Board decided to hear what the neighbors had to say and held a Public Hearing on a "Special Use Permit" on September 17, 2003. No SEQR was done at that meeting per Mr. Krogh. Mr. Krogh stated that under the current zoning, Mr. Targosh is all right but that under the zoning that will soon be enacted, he will be subject to site plan review. Mr. McEver, Mrs. Overstrom and Mrs. Greenly felt that this was applied for back in June or July and that they had agreed that he was grandfathered in. Mr. Krogh stated that the new zoning ordinance has NOT been approved as of this date. Mr. Krogh did not feel he would be grandfathered as it is not merely the application or even the granting of the permit that gives you rights that are called " blanket grandfather rights ". It is actually putting an investment in the ground and it has to be a substantial investment. The question now is, does the house itself represent some substantial investment because it is part of an overall plan. Mr. Farkas asked Mr. Smith to tell Mr. Targosh that the Board would move forward with it on November 5th. He asked Mr. Smith to find out if Mr. Targosh has any ideas of mitigating the issue. If not, the Board will have to make a determination on the information that they have now. Mr. McEver informed Mr. Smith that it was requested that Mr. Targosh look into moving the windmill, noting the color of it and changing the height of it. The following Public Hearing was set: RESOLUTION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town cqf Lansing at the Lansing Town Hall on 15th day of October, 2003, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; and Meg Overstrom, Councilperson and the following members being absent: none; and the following Resolution was duly made by motion of Francis Shattuck and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Douglas McEver - aye, and Meg Overstrom — aye, and the following Resolution therefore passed: WHEREAS, the Town Code Enforcement Officer had referred the Special Use Permit request of William J. Targosh, of 57 Lansing Station Road (TP #s 23. -1 -4 and 23.- 1 -4.2), to allow for the building of a windmill for personal electric production to the Planning Board; and WHEREAS, the Planning Board determined that the proposal qualified as a transmission facility, thus requiring a special permit in a RA zone; and WHEREAS, the Town Board desires public input upon the issues surrounding the potential environmental and other impacts of a windmill in an RA zone along Lansing Station Road, and desires to allow the public and potentially affected neighbors to voice their opinions and concerns relative to the said application; and WHEREAS, and after review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a public hearing upon the Targosh Special Use Permit request and the SEQR review be and hereby are established and scheduled for 7:05 p.m. on November 5, 394 Continued, October 15, 2003 2003, . at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York; and it is further RESOLVED, that the Town Board of the Town of Lansing be and hereby is appointed as the lead agency for such SEQR review, and that as the project is wholly within the Town of Lansing, there are determined to be no other involved or interested agencies. GENESEE/ FINGER LAKES PLANNING COUNCIL: Mr. Jason Haremza of Genesee/ Finger Lakes discussed a Watershed Local Laws Project. He stated He stated that the Council would prepare a manual of to reduce water pollution from non -point sources as a stated that completion of this project is anticipated by a good thing and made the following resolution: RESOLUTION Regional Planning Council that there is no cost to the Town, model local laws and case studies resource for local governments. He June of 2004. They agreed this was At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of October, 2003, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; and Meg Overstrom, Councilperson and the following members being absent: none; and the following Resolution was duly made by motion of Francis Shattuck and seconded by Meg Overstrom, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Douglas McEver - aye, and Meg Overstrom — aye, and the following Resolution therefore passed: WHEREAS, Jason Haremza of the Watershed Local Laws Project made a presentation to the Board concerning a cooperative effort of the New York State Department of State and local municipalities in the Cayuga, Conesus and Canandaigua Lake Watersheds to study and coordinate local laws to improve water quality and identify necessary capital improvements; and WHEREAS, the cost of such project will be funded through the Environmental Protection Grant — Local Waterfront Revitalization Program; and WHEREAS, the Town Board deems it in the best interests of the Town to participate in such project, and thus, upon due deliberation thereupon, the Town has hereby RESOLVED, that the Town of Lansing affirmatively supports the Watershed Local Laws Program, and desires to be an active participating community in such project. TOWN ENGINEER'S REPORT: Mr. Herrick presented the Board with four (4) Water District Extensions. The area of the extensions were: 1. Sun Path Road — Annual EDU would be $ 1,663.50 2. Marion Lane — Annual EDU would be $ 1,350.00 3. Asbury /Collins /Scofield roads — Annual EDU would be Very Expensive. Mr. Herrick has not yet performed a feasibility study for this area but will do so. 4. Myers Road Rear — Annual EDU would be $ 1,349.70 He stated that all districts would be very expensive and not sure if the residents would agree to the cost. Homeowners will be contacted and the extensions will be discussed further at a later date. Sanitary Sewer System Planning and Maintenance: �qS Continued, October 15, 2003 The final environmental impact statement has been completed and sent to NYSDEC for review. There is no estimate as to when the DEC will formally accept the final environmental impact statement. HIGHWAY SUPERINTENDENT'S REPORT: Bid Opening: Notice of bid opening for one (1) carrier- mounted single- engine excavator, having been published as required by law, the clerk opened the only bid received. The bid was as follows: L.B. Smith, Inc. 5985 Court Street Road Syracuse, New York 13206 $ 2345000.00 Mr. French will look over the bids and get back to the Board at the next meeting. Mr. Herrick stated that significant issues would be the inner party agreements, which would protect the town against having to mediate at some point. The matter will be discussed at a later date. Mr. McEver reinstated himself in the meeting at 9:19 p.m. PUBLIC HEARINGS ON 2004 TOWN BUDGET: RESOLUTION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of October, 2003, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Katrina Greenly, Councilperson; Douglas McEver, Councilperson; and Meg Overstrom, Councilperson and the following members being absent: none; and the following Resolution was duly made by motion of Douglas McEver and seconded by Katrina Greenly, and the vote was as follows: Stephen Farkas - aye, Francis Shattuck - aye, Katrina Greenly - aye, Douglas McEver - aye, and Meg Overstrom - aye, and the following Resolution therefore passed: WHEREAS, the Town of Lansing is in the process of preparing a tentative budget for the fiscal year 2004 for the following special improvement districts: Water District ( "WD ") No. 2, WD No. 2 Ext. 1, WD No. 2 Ext. 2, WD No. 2 Ext. 3, WD No. 3, WD No. 4 WD No. 5, WD No. 6, WD No. 6 Ext. 1, WD No. 7, WD No. 7 Ext. 1, WD No. 7 Ext. 2, WD No. 7 Ext. 3, WD No. 7 Ext. 4, WD No. 7 Ext. 5, WD No. 7 Ext. 5 -1, WD No. 7 Ext. 63 WD No. 7 Ext. 7, WD No. 7 Ext. 8, WD No. 7 Ext. 9, WD No. 7 Ext. 10, WD No. 7 Ext. 11, WD No. 7 Ext. 12, WD No. 8, WD No. 9, WD No. 10, WD No. 11, WD No. 12, WD No. 12 Ext. 1, WD No. 12 Ext. 2, WD No. 13, WD No. 14, WD No. 15, WD No. 16, WD No. 17, WD No. 17 Ext. 1, WD No. 17 Ext. 2, WD No. 17 Ext. 3, WD No. 17 Ext. 4, WD No. 17 Ext. 6, WD No. 17 Ext. 8, WD No. 17 Ext. 9, WD No. 17 Ext. 10, WD No. 18, WD No. 19, and Lansing Tax Parcel Nos. 37.1 -1 -14, 37.1- 1 -9.43 37.1- 1 -1.8, 37.1 -7- 7.2, 30 -1 -16.3, 32 -1 -22.1, and 27 -1 -33; all of which are now part of the "Town of Lansing Consolidated Water District; and WHEREAS, it is deemed in the best interests of the Town if interested and affected residents have an opportunity to review and comment upon such tentative budget; and WHEREAS, copies of the proposed tentative Town of Lansing Consolidated Water District budget are available at the office of the Town Clerk during normal business hours for the purpose of inspection by interested persons; now therefore it is 3 q(� Continued, October 15, 2003 RESOLVED, and notice is hereby given, that the Town Board of the Town of Lansing, Tompkins County, State of New York will meet on November 5, 2003, 2003 at 7:40 p.m. at the Lansing Town Hall at 29 Auburn Road, Lansing, New York, for the purpose of holding a public hearing on the tentative budget of the Town of Lansing for the fiscal year beginning January 1, 2004. NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF LANSING FOR THE YEAR 2004 NOTICE IS HEREBY GIVEN, that the preliminary budget of the Town of Lansing, Tompkins County, New York for the fiscal year beginning January 1, 2004 has been completed and filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested persons at all reasonable hours and, FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Lansing will meet and review said preliminary budget and hold a Public Hearing thereon at the Lansing Town Hall, Lansing, New York at 7:40 p.m. on the 5th day of November, 2003, and that at such hearing any person may be heard in favor of or against the preliminary budget as compiled or for or against any items therein contained and FURTHER NOTICE IS HEREBY GIVEN, pursuant to Section 108 of the Town Law, that the following are proposed yearly salaries of elected town officials of this town: Supervisor $ 23,188.00 Councilmen (3) Total $ 19,488.00 Each $ 65496.00 Councilman (1) $ 85433.00 Town Clerk $ 33,203.00 Highway Superintendent $ 52,362.00 Town Justice (2) Total $ 26,910.00 Each $ 135455.00 DRAKE ROAD — WATER EXTENSION: At this point, Mr. McEver excused himself as he has a business connection with Mr. Kyle Curkendall. Mr. Curkendall approached the Board asking them to approve a back lot variance on Drake Road off of Mr. McEver's property. The Board then looked over Mr. Curkendall's maps. Mr. Curkendall would like to tap into Mr. McEver's water line and install his own meter. He stated that Bolton Point has agreed with him doing this. Mrs. Overstrom and Mrs. Greenly want to see this in writing before making a decision. Mr. Herrick did not feel this was a good idea as it would set a precedence. Mrs. Overstrom excused herself at 9:10 p.m. AUDIT APPROVAL: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Vouchers PrePaids: 965-1070 965-967 Continued, October 15, 2003 FUND TOTAL APPROPRIATIONS General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer $ 555853.33 112,292.79 1,255.86 19,659.10 662.29 Vote of Town Board... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES: A copy of the minutes of 8/20, 9/10 and 9/25 having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make correction or to accept the same as submitted. Mr. Shattuck asked if the new zoning rules and regulations were adopted at the August 201h meeting. They were not. RESOLUTION, offered McEver and seconded by Mr. Shattuck: RESOLVED, that the minutes of 8/20, 9/10 and 9/25 are hereby approved as submitted. LAND USE ORDINANCE: RESOLUTION Carried. At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of October, 2003, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Katrina Greenly, Councilperson; and Douglas McEver, Councilperson; and the following members being absent Meg Overstrom, Councilperson: and the following Resolution was duly made by motion of Katrina Greenly and seconded by Douglas McEver, and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Katrina Greenly — aye, Douglas McEver - aye, and the following Resolution therefore passed: WHEREAS, the Town of Lansing Planning Board had 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 for 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, completed the proposed changes and amendments to the Town Land Use Ordinance and filed and issued a final version thereof; and WHEREAS, the Town held a public hearing upon such Zonir and proper notice and publication, upon August 20, 2003 and thereupon, and WHEREAS, the Town Board classified the proposed action of to the Zoning Ordinance as a Type I SEQR action pursuant to and ig Amendments, after due received public comment adopting the amendments 6 NYCRR § 617.4(b)(1); 397. 398 Continued, October 15, 2003 WHEREAS, a public hearing concerning the SEQR Long Form (the "full" EAF) was held at 7:05 p.m. on October 8, 2003 at the Town Hall at 29 Auburn Road, Lansing, New York 14882 wherein the input from the public was received and evaluated; and WHEREAS, copies of the proposed amendments and maps were duly filed, and all notices were duly delivered to affected or interested municipalities, and were duly published and /or posted as required by law; and WHEREAS, the Town of Lansing was, by Resolution dated September 17, 2003, appointed as the Lead Agency to conduct the review required by the laws and regulations commonly known as SEQR (Article 8 of the NYS Environmental Conservation Law, and the implementing Regulations at 6 NYCRR, and Part 617 thereof); and WHEREAS, the Town determined by Resolution dated October 8, 2003 that the Environmental Assessment Form ( "EAF ") was complete with respect to its scope, content, and adequacy, and the EAF was thus adopted and accepted; and WHEREAS, the Town duly considered the impact not only upon the Town of Lansing, but also areas outside the Town of Lansing, and in connection therewith, the Town has also carefully considered its comprehensive planning objectives in the context of the Town's Master Plan, and WHEREAS, the Town by Resolution dated October 8, 2003 determined that the requirements of Part 617 of NYCRR Title 6 were duly met; and WHEREAS, the Town, in compliance with said Part 617 and by Resolution dated October 8, 2003 issued a negative declaration of environmental impact, and WHEREAS, the Town has duly complied with General Municipal Law Section 239 -1 and 239 -m, and related provisions, and the Tompkins County Department of Planning, after discussion and consultation with the Town, the Town Planning Board, and the Town's consultant (above referenced), completed its Section 239 review of the proposed Land Use Ordinance amendments and issued a negative determination of inter - community or county -wide impacts by letter dated September 26, 2003; and WHEREAS, the other affected or interested municipalities issued no objections to the proposed amended Land Use Ordinance after due and proper notice thereof, WHEREAS, the Town has duly deliberated upon the proposed Zoning Amendments; and after careful consideration, the Town of Lansing has hereby RESOLVED, that the Zoning Ordinance, as amended and appended hereto as Exhibit A, which Exhibit is incorporated herein as is set forth in full, be and hereby is approved and adopted; and it is further RESOLVED, that NOTICE be and is hereby given of the adoption of each and all such amendments to the Town of Lansing Land Use Ordinance (commonly known as the Zoning Ordinance), and the Town Clerk be and hereby is directed to (a) file and publish this Resolution and the said Ordinance within 10 days of this Resolution, (b) keep and maintain the official revised amended Land Use Ordinance Map(s) in an official and separate file of the Town of Lansing, to be available for inspection by the public, (c) file the affidavit of publication, and (d) to do and take such other steps as are required by law to give effect to this Resolution and the adoption of the amended Land Use Ordinance. On motion, meeting adjourned at the call of the Supervisor at 9:29 p.m.