No preview available
HomeMy WebLinkAbout2004-07-21131 REGULAR TOWN BOARD MEETING Place: Lansing Town Hall Board Room Date: July 21, 2004 Time: 7:00 p.m. AGENDA 1. Call Meeting to Order. 2, Roll Call. 3. Pledge of Allegiance. 4, Public Hearing — 7:05 p.m. Amendment to Watercraft Ordinance. 5. Privilege of the Floor: a) William Fish— Back Lot Water Extension Atwater Road b) Anyone wishing to address the Board. 6, Engineer's Report. 7, Code Enforcement Officer's Report. 80 Highway Superintendent's Report, 9, Approve Audit, 10. Approve Minutes of July 7, 2004. 11. Board Member Reports, 12. Executive Session if needed. 13. Adjourn Meeting. 132 July 21, 2004 REGULAR TOWN BOARD MEETING 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 called the meeting to order and had the clerk take the Roll Call. Stephen Farkas Marty Christopher Doug McEver Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Councilperson Councilperson Councilperson Councilperson Town Clerk Town Attorney Present Absent Present Present Present(7:40) Present Present VISITORS: Dave Herrick, Jack French, Dick Platt, Tim Fish, William Fish, Jeannie Daly, Bert Bland and Marlene Darfler. The Supervisor lead all present in the Pledge of Allegiance. Public Hearine - Watercraft Amendment: 04 -127 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Public Hearing on the Amendments to the Watercraft Ordinance be opened at 7:05 p.m. Carried. Mr. Krogh explained the amendments to the Ordinance to all present. 04 -128 RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was terminated at 7:09 p.m. Carried. RESOLUTION 04 -129 Resolution Adopting Amendments to the Town of Lansing Watercraft Ordinance of October 8, 2003 (Town of Lansing Ordinance Number 48) Relating to Enforcement, Fines, and Other Matters 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 21st day of July, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; and the following members being absent: Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and the following motion fora Resolution was duly made by motion of Douglas McEver, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; and the following Resolution therefore passed 3 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing having previously found that it would promote and enhance public safety, and be in the best interests of the public, to 133 Continued, July 21, 2004 reasonably regulate boats and vessels traveling upon and under the surface of Cayuga Lake within the areas of the Town's jurisdiction; and WHEREAS, the Town of Lansing adopted a Watercraft Ordinance on October 8, 20035 after due notice and publication (Ordinance Number 48), as amended May 19, 2004 (see Resolution Numbers 04 -088A through 04- 088D); and WHEREAS, the Town had deferred the establishment of enforcement provisions for such Ordinance while it conferred with its counsel, constable, the County Sheriff, and other sources of information regarding the same; and WHEREAS, the Town now seeks to amend the Watercraft Ordinance to provide for enforcement provisions, and a miscellaneous provision relating to severability, which said proposed amendments seek to add new Sections, to be numbered Section 11, Section 12, and Section 13, which are proposed to read as follows: "SECTION 11. Any infraction of this Ordinance shall be a violation (or misdemeanor, see below) punishable by a fine and/or imprisonment, as follows: for a first violation of any provision of this Ordinance, a fine not less than $50.00 nor more than $250.00; for a second violation of any provision of this Ordinance, a fine of not less than $100.00 nor more than $500.00. For any third and each subsequent violation of any provision of this Ordinance, such violation shall constitute a misdemeanor punishable by a fine of not less than $250.00 nor more than $1,000.00 and /or imprisonment for a period not to exceed 15 days. All provisions of the Criminal Procedure Law of the State of New York generally applicable to misdemeanors shall apply to each such third or subsequent alleged or actual violation. SECTION 12. In addition to the penal sanctions and fines listed in § 11 of this Ordinance, any three convictions within any single calendar year shall further subject such person to a civil penalty in an amount not to exceed $1,000.00. Any such civil penalty may be enforced and collected by the Town of Lansing, and the Town of Lansing may obtain and enforce a judgment thereupon in the Town of Lansing Justice Court, and /or any other Court of competent jurisdiction. SECTION 13. If any clause, sentence, paragraph, section, word or part of this Ordinance is adjudged by any court or tribunal of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of this Ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this Ordinance directly involved in the controversy in which such invalidity was declared or found. "; and WHEREAS, Notice of a Public Hearing was duly posted, advertised, and/or published in accord with law, and a public hearing was duly held upon June 16, 2004 at 7:15 p.m., at the Town Hall of the Town of Lansing, 29 Auburn Road, Lansing, New York, whereas all persons interested in the subject hereof had an opportunity to speak and/or present evidence in favor of or against the adoption of such proposed amendments to such Local Law, and the provisions therein; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, and upon due consideration of the evidence and statements from such public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve the proposed amendments to the Town of Lansing Watercraft Ordinance of October 8, 2003 (Town 134 Continued, July 21, 2004 of Lansing Ordinance Number 48) referenced above, and as so amended, the entire Ordinance is set forth in its entirety below: THE TOWN OF LANSING WATERCRAFT ORDINANCE TOWN OF LANSING ORDINANCE NO. 48 Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake, adopted October 8, 2003, and to be and become effective April 1, 2004, as amended May 4, 2004, and as further amended July 21, 2004. SECTION 1. "Watercraft" shall mean any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under the surface of any water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise. SECTION 2. Personal Watercraft, or "PWC ", shall mean a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel. SECTION 3. "Cayuga Lake ", for purposes of this Ordinance, shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not. SECTION 4. "Shoreline" shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts, but not including wharves, docks, and similar structures made, placed, or installed by any person or entity. SECTION 5. No Watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any Shoreline, dock, pier, raft, float, or anchored or moored vessel, or (b) 10 miles per hour when between 100 feet and 500 feet from any Shoreline, dock, pier, raft, float, or anchored or moored vessel, unless: (i) such vessel is being operated near such shore, dock, float, pier, raft, or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land, or such vessel is required to run at full throttle through an established course to measure the vessel's decibel level; 135 SECTION 6. Continued, July 21, 2004 (ii) such vessel is competing in a regatta or boat race; such vessel is a commercial vessel having a valid marine document issued by the United States or a foreign government. No Watercraft shall exceed a speed of 45 miles per hour during daylight hours within 1,500 feet of any Shoreline. SECTION 7. No Watercraft shall exceed a speed of 25 miles per hour at any time after one -half hour before sunset to one -half hour after sunrise. SECTION 8. No person shall operate a PWC at any time before 9:00 a.m., or after the earlier of 8:00 p.m. or one -half hour before sunset. However, and in limitation of the foregoing, a PWC may be launched from the public boat ramp at Myers Park Marina to utilize the Salmon Creek channel to idle to the middle of Cayuga Lake, at least 1,500 feet from any Shoreline, and there operate from the later of one -half hour after sunrise or 8:00 a.m. until the earlier of one -half hour before sunset or 8:00 p.m., so long as such operation is in compliance with this Ordinance, and all other applicable laws, rules, ordinances, regulations, and the like. SECTION 9. No person under the age of 16 years old may operate a PWC unless he or she is: (a) accompanied by an adult over the age of 18 years; or (b) ten (10) years of age or older and possesses a current and valid boating safety certificate issued by the State of New York, the United States Coast "Guard, or an appropriate Power Squadron; or (c) possesses a Captain's License or New York State Guide's License. SECTION 10. This Ordinance shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Lansing. SECTION 11. Any infraction of this Ordinance shall be a violation (or misdemeanor, see below) punishable by a fine and /or imprisonment, as follows: for a first violation of any provision of this Ordinance, a fine not less than $50.00 nor more than $250.00; for a second violation of any provision of this Ordinance, a fine of not less than $100.00 nor more than $500.00. For any third and each subsequent violation of any provision of this Ordinance, such violation shall constitute a misdemeanor punishable by a fine of not less than $250.00 nor more than $1,000.00 and /or 136 Continued, July 21, 2004 imprisonment for a period not to exceed 15 days. All provisions of the Criminal Procedure Law of the State of New York generally applicable to misdemeanors shall apply to each such third or subsequent alleged or actual violation. SECTION 12. In addition to the penal sanctions and fines listed in § 11 of this Ordinance, any three convictions within any single calendar year shall further subject such person to a civil penalty in an amount not to exceed $1,000.00. Any such civil penalty may be enforced and collected by the Town of Lansing, and the Town of Lansing may obtain and enforce a judgment thereupon in the Town of Lansing Justice Court, and /or any other Court of competent jurisdiction. SECTION 13. If any clause, sentence, paragraph, section, word or part of this Ordinance is adjudged by any court or tribunal of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of this Ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this Ordinance directly involved in the controversy in which such invalidity was declared or found. Tim and William Fish — Back Lot extension — Atwater Road: Tim Fish asked the Board what he would need to do to get a back lot extension so his father could build a house on his lot. Mr. Herrick stated that he would first need to get a signed agreement from his neighbor stating that she would give him a right -of -way for his water lines. After some discussion the Board decided that they were in favor of it as long as it is doable. Marlene Darfler — Lansing Community Library: She stated that a big fund raising campaign would be starting with the hope of raising $ 200,000.00 for building renovations. She was concerned about the insurance on the Library. Steve Farkas will check with John Bailey and get back to Marlene with his findings. Jack French — Highway Superintendent: Lansing Station and Ludlowville areas: Mr. French met with representatives from Milone and MacBroom, Inc.. regarding the drainage situations in the Ludlowville and Lansing Station Road areas. The firm will come out in a couple of weeks to look it over. Highway Auction: 137 Continued, July 21, 2004 The anual auction will be held on September 11, 2004, BERT BLAND — PHEASANT MEADOW DRIVE, Mr. Bland stated that he was still waiting for Mr. Herrick to get his submittal to the Health Department before he can continue. He also asked what was the time frame for establishing a drainage district. Mr. Herrick said he would have a draft draining district proposal ready for the regular meeting in August. Mr. Bland would like to have Nancy Longto sign the final plat approval with only the two (2) contingencies. SUN PATH. A discussion was held regarding the water situation and road conditions in the Sun Path area. Mrs. Wilcox stated that she did not feel the Town should get involved, as this is a private matter. DAVE HERRICK — TOWN ENGINEER. Sanitary Sewer. Mr. Herrick received the proposal from SUNY Binghamton in the amount of $ 92,000.00 to complete the Phase 1 B archaeological survey. Mr. Herrick will reconfigure the scope of the work and see what can be done. Sewer Committee meeting will be held on July 28, 2004. Storm Water Local Law: There has been no progress with this and the due date to have one in place is March of 2005. The Board will consider doing their own. Consulting Agreement. RESOLUTION 04430 Resolution Approving Agreement Proposed by T. G. Miller Relating to Sewer Study and Report Phase Professional Services 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 21st day of July, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and the following members being absent: Martin Christopher, Councilperson; and the following motion 138 Continued, July 21, 2004 for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing has undertaken to establish Sewer District Number 1, has obtained grant money from New York State, and has engaged in inter - municipal agreements and SEQRA procedures relating to the same; and WHEREAS, certain professional surveying and engineering services are necessary to prepare the required initial_ studies and reports needed to determine the costs of the initial improvements, the feasibility of locations for sewer appurtenances, and similar data; and WHEREAS, David Herrick, of T. G. Miller, had previously submitted a proposal for the performance of the work and services necessary to scope, study and report upon Sewer District Number 1, said proposal being dated July 7, 2004, and the Town Board and Town counsel have reviewed the said proposal; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth by T.G. Miller, P.C., and upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposal from T.G. Miller, P.C. be and hereby is approved, and the Town of Lansing be and hereby is authorized to expend up to a maximum of $159,942.00 pursuant to said proposal; and is further RESOLVED, that the Supervisor or Deputy Supervisor be and hereby are authorized to execute and accept said proposal in the name of and for the Town of Lansing. DICK PLATT — CODE ENFORCEMENT OFFICER: Monthly Report: Mr. Platt presented his monthly report and stated he was down by 6 permits but up in project costs by $ 30,993.00. Whispering Pines Roads: The roads are not ready to be accepted by the Town. Mr. Herrick needs to get more details before recommending approval to the Board. John Hicks Subdivision. Mr. Herrick stated that if Mr. Hicks is to extend Murfield Drive in the future he would have to bring the water line up from the East Shore Drive area and not from Murfield Drive. The Rink: A site plan review will go before the Planning Board in order for the Rink to add locker rooms for Ithaca High Hockey. Open Burning• Mr. Platt stated that he would like to see the Town Board adopt an open burning Local Law in the Town of Lansing. This will be looked into. 139 Continued, July 21, 2004 Mass Gathering: Mr. Platt stated that he would like to see the Town Board adopt a Local Law restricting mass gatherings in the Town of Lansing. Stormwater Ownership: Stormwater ownership by the Town will only be for residential housing — not commercial. SEOR for IMR testing: Mr. Shattuck read and answered the questions on the short environmental assessment form and the following resolution was then adopted: RESOLUTION 04 -131 Resolution Declaring Lead Agency and Making Negative Declaration for IMR Expansion Project (Short Form) 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 21st day of July, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and the following members being absent: Martin Christopher, Councilperson; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver - aye; Connie Wilcox — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, IMR Test Labs, Inc. is a business located wholly within the Town of Lansing at 131 Woodsedge Drive ( "IMR "), and said business is not within 500 feet of any municipal boundaries; and WHEREAS, the Town Board of the Town of Lansing received a request from IMR to expand their existing facility by 10,850 square feet, with a proposed project footprint of .97 acres, all as shown upon the project map as filed with the Planning Board; and WHEREAS, the Planning Board of the Town of Lansing is in the final approval stages for the project and requested that the Town Board act as lead agency and conduct a SEQR review of the project; and WHEREAS, the Planning Board h: is required or necessary, and the Environmental Quality review, and Zoning and building policies, and upon the factors enumerated in the not necessary; and is determined that no public hearing upon the SEQR Lansing Town Board having conducted said State having reviewed the proposal in light of the Town's the Town having determined and concurred, based ECL and 6 NYCRR 617, that a public hearing was WHEREAS, the Town Board and Planning Board have determined that there are no involved or interested agencies; and WHEREAS, the Town Board, as resolved below, acted as lead agency for the SEQR review, and conducted an environmental review consistent with the requirements of law, and after due deliberation, having made a negative declaration of environmental impact; and WHEREAS, upon due consideration of all facts and circumstances surrounding the proposed project, the Town Board has therefore 140 Continued, July 21, 2004 RESOLVED, that the Town Board be and hereby is designated as the lead agency for the purposes of review under SEQRA; and it is further RESOLVED, that the Town Board of the Town of Lansing hereby finds that the proposed 10,850 square foot addition proposed by IMR complies with the requirements of the New York State Environmental Quality Review Act, and the Town Board, as lead agency, therefore makes a negative declaration of environmental impact. RES. 04 -132 RESOLUTION, offered by Mr. McEver and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following Budget Modifications: Voucher Numbers: 584-736 Prepay Vouchers: 584-594 FUND TOTAL APPROPR1A110r General Fund 825817.57 Highway Fund 244,479.25 Lansing Lighting 15252.86 Lansing Water Districts 3,450.81 Cherry Road Sewer 102.66 Better Housing for TC 225918.40 A1990.400 A1420.400 Attorney fees through 2 "d quarter billing A1990.400 A 1920.400 Municipal Association Dues Vote of Town Board ... (Aye) Doug McEver, Councilperson 'Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor 2,731.10 770.00 A copy of the minutes of July 7, 2004 having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RES. 04 -133 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. McEver: RESOLVED, that the minutes of July 7, 2004 are hereby approved as submitted. Carried. BOARD MEMBER REPORTS: Connie Wilcox: Housing Authority: 141 Continued, July 21, 2004 Mrs. Wilcox stated that Mimi Harding has resigned from the Lansing Housing and that they are looking for another person. Mr. Farkas suggested Sharon Bowman may be interested. Mrs. Wilcox will approach her regarding this matter. Small Cities Grant. Money is still being handed out. Doug McEver: Water Resource Council: Roxanne Johnson gave a report to the committee regarding chemicals and zebra mussels in Cayuga Lake. Mr. McEver will look into having the floating classroom perform this report in the future. The I.O. has approved an extra $ 6,000.00 for the floating classroom this coming year. The floating classroom will soon be hooked up with the nature center. Bud Shattuck. Hazardous Mitigation: The report is finished. Letter from Lansing Station Area Residents The Board members were given a copy of a letter from Lansing Station area residents regarding the on going water situation in the Lansing Station Road area. Area residents would like to try to form a water district again. It was stated that the Town has already fronted $30,000.00 plus in engineering fees which cannot be recovered by the Town. Mrs. Wilcox did not feel the Town should front any more money regarding this issue. Mr. Farkas stated that they would have to have 75% of the people in agreement before the Town could move forward. This will be discussed at a later date. Steve Farkas. Municipal Officer's Meeting: Still going strong. Discussing the County Legislative and now have the backing of the Ithaca Journal and Eagle Broadcasting. Res. 04 -134 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss litigation at 9:25 p.m. Carried. Res. 04 -135 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:32 p.m. Res. 04 -136 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: 142 Continued, July 21, 2004 RESOLVED, that the meeting be adjourned at the call of the Supervisor at 9:35 p.m.