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HomeMy WebLinkAbout2009-09-16 September 16, 2009 The Lansing Town Board met in Regular Session at 6:00 p.m. at the Lansing Town Hall Boardroom with Supervisor Pinney presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL A. Scott Pinney Supervisor Present Matt Besemer Councilperson Present Marty Christopher Councilperson Present Bud Shattuck Councilperson Absent Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Visitors: Jeff Overstrom, Steve Colt, Jack French, Dan Veaner, Doug McEver, Todd Mix, Elisabeth Hegarty, James Mason, Bill Demo, Marcia Harrison, Ron Seacord, Sidney Melton, Claes Nyberg, Brent Zifchock, Larry Zuidema, Kathy Miller, Maureen Cowan and a couple other residents. The Supervisor led all present in the Pledge of Allegiance. PRIVILEGE OF THE FLOOR: Marcia Harrison — 16 Sun Path Road: Ms. Harrison stated that she and two other residents at the end of Sun Path Road have a difficult water situation. She stated that in 6 months the water could be turned off completely. She asked the Town to consider a temporary solution which would include a temporary line to the outlet that is on East Lake Road. Mr. Pinney stated that unfortunately, the Town is right in the middle of a law suite with the homeowners on Sun Path. He referred it to Town Counsel. Mr. Krogh stated that the issue could not be addressed due to existing litigation but that the Board could discuss it in Executive Session. Todd Mix — 11 Asbury Drive: Mr. Mix stated that he will soon be building a new house on Triphammer Terrace. (the old Horky farm). He handed out two maps showing where the current water line was in that area. He stated that the area between Aspen Way and Tahoe Trail is in the Water District but that there is no waterline to hook up to. He asked for the Board's help in what direction he should take. Mr. Pinney stated that the Board allowed another homeowner to tie into the existing water main at the end of Aspen Way. He stated that Mr. Mix could tie into the existing 20 foot extension at the end of Aspen Way. Mr. Pinney also informed Mr. Mix that this would be at his own expense. He was told to discuss this matter with Mr. French, Mr. Overstrom and Bolton Point before moving ahead. Set Public Hearing for Lansing Commons: 1 After some discussion on the recommendations from the Planning Board, the following resolution was offered: RESOLUTION 09 - 151 RESOLUTION SCHEDULING PUBLIC HEARING FOR CONSIDERATION OF LANSING COMMONS PLANNED DEVELOPMENT AREA FINAL DEVELOPMENT PLAN 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 16th day of September, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Christopher; and the vote was as follows: A. Scott Pinney - Aye; Connie Wilcox — Aye; Martin Christopher — Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 4-0 and was duly adopted: WHEREAS, Applicant J. Ronald Seacord has requested Town Board approval of a Planned Development Area ("PDA") application respecting a 13.559 acre three phase residential and commercial mixed use development in the B1 District located south of the intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/O Tax Map Parcel 37.1-2-53.222; and WHEREAS, the Lansing Planning Board considered and carefully reviewed the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated January 7, 2009, and the Addendum thereto dated February 3, 2009, respecting the Lansing Commons PDA proposal, and the Planning Board duly held a public hearing on February 23, 2009 to obtain comment upon the proposal, including the PDA Application materials, the Applicant's Statement of Intent, and the Addendum thereto, and the proposed conditions thereupon as recommended by the Planning Board, as well as to consider whether the Planning Board should refer and recommend approval or rejection of such preliminary PDA plan, application and conditions to the Town Board; and WHEREAS, the Planning Board performed a site plan review of the proposed PDA development, and considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq., relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, pursuant to Section 706.5 of the Town of Lansing Land Use Ordinance, the Planning Board recommended conditional approval of the PDA based upon the Developer/Applicant's Statement of Intent to Comply (with addendum) and several proposed conditions set forth in the Planning Board's Decision upon the application, which Decision is hereby incorporated herein, including, but not limited to: SEQRA reviews of potential environmental impacts, and the determination as to whether the same may be mitigated by on site controls, permitting processes, and the like; the 2 creation and dedication of improvement districts and infrastructure; density, building density and height controls; future traffic impact studies; architectural controls; and deed restrictions; and WHEREAS, the Town Board reviewed such recommendation and thereafter duly scheduled and held public hearings upon the 15th day of April, 2009 to consider: (i) the preliminary approval of the proposed PDA; and (ii) a SEQRA review thereof; and WHEREAS, the SEQRA review identified potential impacts and the mitigation thereof and a negative declaration was duly made in compliance with SEQRA and the procedures thereof; and WHEREAS, a Conditional Approval of the proposed PDA pursuant to and under Section 706.6 of the Town of Lansing Land Use Ordinance was issued and the matter was duly referred back to the Planning Board for implementation of the 17 conditions stated and described in the Town Board's conditional approval; and WHEREAS, the Planning Board duly considered each such condition and developed, reviewed, and recommended a proposed Final Development Plan for the PDA, which Plan, and the attendant list of conditions, was duly referred back to the Town Board for final approval pursuant to the Land Use Ordinance; and WHEREAS, pursuant to the Land Use Ordinance, the Town Board has 45 days to schedule a public hearing upon the proposed Final Development Plan for the said PDA, and 30 days after the close of such public hearing to approve, approve with conditions, or reject such Final Development Plan; and WHEREAS, the Town Board wishes to achieve maximum public input upon such project and thus desires to schedule a public hearing thereupon; and WHEREAS, upon deliberation and in consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that a public hearing be and is hereby scheduled for the 21st day of October, 2009, at 6:15 P.M., at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, to consider the approval of the Final Development Plan for J. Ronald Seacord's 13.559 acre three phase residential and commercial mixed use PDA development in the B1 District located south of the intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/O Tax Map Parcel 37.1-2-53.222, and to thereat hear all persons interested in the subject thereof, and concerning the same, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law; and it is further RESOLVED, that the Town Clerk, in conjunction with the Town Planning Office, deliver a copy of the proposed PDA Final Development Plan, and recommendations of the Planning Board, to the Tompkins County Department of Planning, pursuant to General Municipal Law Sections 239-I and 239-m, so that such Department of Planning may continue or update its prior review and recommendations. SEQRA: Type I Action. Village Sewer Flow Test: 3 RESOLUTION 09-152 RESOLUTION APPROVING AMENDMENT OF ENGINEERING CONTRACT FOR FLOW AND CAPACITY STUDIES FOR WARREN ROAD SEWER DISTRICT 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 16th day of September, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Francis Shattuck Councilperson; and the following motion for a Resolution was duly made by motion of Mrs. Wilcox, and was duly seconded by Mr. Besemer; and the vote was as follows: A. Scott Pinney — Aye; Connie Wilcox — Aye; Martin Christopher — Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 4-0, and was duly adopted: WHEREAS, the Village of Lansing has requested (or required) sewer flow and capacity studies to verify capacity for the Warren Road Sewer District, which issue was not contemplated at the time of execution of the MOU with the Village of Lansing regarding the said sewer district extension; and WHEREAS, the Town has already employed an engineer for the project, but needs to expand the scope of services to allow for such flow and capacity studies; and WHEREAS, upon deliberation upon this matter, and in consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the contract Addendums labeled Exhibits I and J be and hereby are approved, and, if and as required, the Supervisor or Deputy Supervisor be and each is hereby authorized to execute such amendments by, for, on behalf of, and in the name of the Town of Lansing. SEQRA: Type II Action. Amend Signatures: On recommendation from the NYS Comptroller's Office, the following resolution was adopted: RESOLUTION 09-153 RESOLUTION AMENDING ORGANIZATIONAL RESOLUTIONS REGARDING ACCOUNT SIGNATURE AUTHORITY 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 16th day of September, 2009, the following members being present: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: Francis Shattuck, Councilperson; and the following motion for a Resolution was duly made by motion of Mr. Christopher, and was duly seconded by Mrs. Wilcox; and the vote was as follows: A. Scott Pinney - Aye; Connie Wilcox — Aye; Martin Christopher— Aye; Matthew Besemer - Aye; and the following Resolution therefore passed 4-0, and was duly adopted: 4 WHEREAS, the State Comptroller has requested that the account signature authority of certain employees and officers of the Town be amended; and WHEREAS, upon deliberation upon this matter, and in consideration of the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Organizational Resolution 09-06 be and hereby is amended by removing the references therein to the authority of the Town Co-Budget Officer and Bookkeeper, Sharon Bowman, to sign checks (as contained in paragraph one of such Resolution). SEQRA: Type II Action. Oil and Gas Lease Extension: It was decided by the Board that this issue will be discussed in Executive Session. Planning and Engineering Department Report: Code Office Monthly Activity Report August, 2009 Planning Board-August 3,2009 • Review verbiage in Prepared Draft-PDA -Lansing Commons, Cayuga Vista Drive Planning Board-August 10,2009 • Exempt Subdivision-Lansing Associates, Town Barn Road (Approved) • Exempt Subdivision-Boles,Salmon Creek Road (Approved) • Public Hearing(s) -SEQR&Site Plan Review,X-tra Mart, Peruville Road (Approved) • Public Hearing (s) -SEQR &Preliminary Plat, Farm Pond Circle Subdivision, Collins Road- (Hearings Tabled) Planning Board- August 24,2009 • 2010 Budget Discussion • 1 Lot Subdivision &SEQR, Raimondo Family Trust-(Referred to Applicant's Legal Counsel for further information prior to approving) • Site Plan&SEQR Review - ECHO,Hayes,31 Drake Road. (Approved) • 1 Lot Exempt Subdivision- Hardie Farms Inc. Holden Road, (Approved) • PB Recommendation of PDA to Town Board - Lansing Commons, Cayuga Vista Drive • Continuation of Public Hearing(s) -Farm Pond Circle Subdivision, Collins Road, Review of Part I of SEQR, Part II delayed until David Herrick's review • Alternate Member Vacancy Discussion and permission given to Legal Counsel, at her request to prepare simple short Local Law Draft regarding procedures of the Alternate position. Fire Safety Inspections &Re-Inspections Total: 0 Construction Inspections Total: Approximately: 80 Operating Permits Issued 5 August: 0 Year to Date Total: 2 New Addresses Issued Total: 2 Notice of Fire August: 0 Year to Date: Total: 7 Expired Permit Notices First Notices: 10 Second Notices: 4 Renewed Permits 4 Renewed Permits YTD -41 Electrical Certificates Issued Total: 16 Electrical Inspections Total: 30 Mr. Overstrom informed the Board that he is working on changing the electrical inspection fee schedule to make it a flat rate schedule. He stated that currently it is based on a list of equipment and itemized electrical devices. When an individual comes to his office and asks for an electrical permit, the first question they ask is how much will it cost. With the way it is now, they cannot answer the question therefore, the homeowner and/or builder is walking into it blind. Mr. Overstrom will have his proposed flat rate fee schedule to the Board soon for their approval. Mr. Krogh thanked Mr. Overstrom for going about this issue the right way. The Board agreed with Mr. Overstrom and his proposed flat rate schedule. The new schedule will go into effect January 1, 2010. Highway Department Report: Warren Road Sewer: Mr. Herrick has contacted Mr. French asking for assistance to make test holes on Warren Road to see if there is rock in the area. Also, Rizzo Construction has given T.G. Miller a price of$ 48,000.00 to open cut Warren at Cherry Road to install a sleeve for the Warren Road sewer project. The Highway Department could do the open cut cheaper but this will have to be approved by Rizzo Construction before going any further. Auction: The Highway Department made $5,700.00 in the auction and will get approximately $ 5,000.00 - $7,000.00 in commission for holding the auction. Log Cabin: The foundation for the log cabin should be poured tomorrow and the logs will also be taken to the Park tomorrow. Mr. Pinney stated that he appreciates all the work the Highway Department did this summer on the fields and also the work they did in the Park. He stated that he appreciates the cooperation Mr. French's department shows. 6 Park and Recreation Department Report: Mr. Colt went over the following with all present: Parks & Recreation Department 9/16/09 Town Board Meeting RECREATION • Our fall programs are now all in progress and the participation numbers are high with a total of just over 300 in our"team sports" programs. • At the last meeting we were concerned about the low turn out for Youth Soccer when the number of players only totaled around 100. Within a week and after the deadline we got a second wave of registrations and currently we have just over 200 players split over 26 teams. We have closed registrations and we are full. • Our YFL football teams have completed the pre-season part of the program as well as the league weigh-in and scrimmage. The YFL season opens for us this Saturday at Cornell in Schoellkopf Stadium. We have a large roster of players on our JR team and a smaller roster of SR players. Both teams will play 7 games ending on November 1st • Flag Football has started for 2"d and 3rd grade players. We have two teams and will play a few travel games. We are also planning to play an exhibition game during one of the varsity home half times. • Youth Cross Country Races are scheduled this fall and we will host a race on October 10th. Our race is part of a 4 race series with the other races taking place in Dryden, Groton and Ithaca. The races are FREE and open to any children ages 7—13. Specific details are listed on the registration form. • Fall Karate has started and will run through the end of October before a winter session starts. Our adult programs will all be starting within a week or so. PARKS • The Vet Watch Fire is scheduled to take place at Myers Park this Friday September 18th. This will be our 18th consecutive year and a brief program will precede the fire. • Campsites and pavilions continue to be rented and we are hoping to extend into mid- October. • The standard Park revenues for Camping, Boat Launch, Pavilions, Admissions and Marina/docks totaled above the anticipated revenue figure at$106,129.35. This figure is a total as of today 9/16/09. It was a good summer season for us even though the weather was not great. • I have been working with a class of Cornell's Student Civil Engineers regarding a bridge to span Salmon Creek connecting Myers Park with Salt Point. We will be meeting soon to go over the project again and discuss a Bridge Design Contest (see the attachment). • We absolutely need to do some upgrades and redesign the Myers Park playground. Attached you will see material regarding playground planning by Parkitects a locally based playground company(Ludlowville). Approve Minutes: RESOLUTION 09 — 154 A copy of the minutes of August 19, 2009, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 7 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the minutes of August 19, 2009 are hereby approved as submitted. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Approve Audit: RESOLUTION 09 — 155 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications: CONSOLIDATED ABSTRACT # 009 DATED 9/16/09 AUDITED VOUCHER #'s 841 - 930 PREPAY VOUCHER #'s 841 - 843 AUDITED TA VOUCHER #'s 67 — 74 PREPAY TA VOUCHER #'s 67 - 67 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 47,382.83 HIGHWAY FUND $ 62,341.79 LANSING LIGHTING $ 121.14 LANSING WATER DISTRICTS $ 5,311.09 CHERRY ROAD SEWER $ 0.00 TRUST & AGENCY $ 50,011.18 CWD EXTENSION #1 $ 0.00 CWD EXTENSION #2 $ 0.00 Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor 8 BOARD MEMBER REPORTS: Matt Besemer: Mr. Besemer had a personnel matter to discuss in Executive Session. Marty Christopher: Planning Board Meeting: Mr. Christopher stated that at the Planning Board meeting last night a proposed project presented by John Young was delayed. He stated that they will draft a resolution for the Town Board with their recommendations in it. This will probably not be ready for the Town Board's next meeting. Connie Wilcox: Lansing Housing Authority: The LHA is trying to put in raised beds for the residents to plant their gardens. Mrs. Kathy Wadell has donated a quilt that will be raffled off in November with the proceeds going towards the raised beds. Lansing Fire Department: The capital improvement project passed by 30 votes. Mrs. Wilcox stated that she was in favor of it and it will not raise the taxes which are .99 per thousand of assessed value. This is lower than what they were a couple of years ago. She stated that they have been anticipating this for some time and have saved a lot of money for it. The rest will be bonded. She also stated that there has been nothing done to the building in 30 years. She stated that these guys are a dedicated bunch and were not asking for a lot. Bolton Point: They are working on Budget items. The new tanks that were proposed may be put on hold for the time being due to the cost. A. Scott Pinney: Nothing to report at this time. Monthly Report: The Supervisor submitted his monthly report for the month of August to all Board Members and to the Town Clerk. Town Counsel Report: Mr. Krogh had a litigation matter to be discussed in Executive Session. 9 Executive Session: RESOLUTION 09 — 156 RESOLUTION, offered by Mr. Pinney and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting is adjourned to go into Executive Session at 6:55 p.m. to discuss a litigation matter, the oil and gas lease and a personnel matter. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Terminate Executive Session: RESOLUTION 09 - 157 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Pinney: RESOLVED, that the Executive Session is hereby terminated and the Regular Meeting reconvened at 7:27 p.m. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Adjourn Meeting: RESOLUTION 09 — 158 RESOLUTION, offered by Mr. Besemer and seconded by Mr. Christopher: RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at 7:35 p.m. Vote of Town Board . . . (Aye) Matt Besemer, Councilperson Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Minutes taken and executed by the Town Clerk. Zo