HomeMy WebLinkAbout2018-12-05 work session December 5, 2018
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TOWN BOARD WORK SESSION MEETING
TOWN HALL BOARD ROOM
29 AUBURN RD., LANSING, NY
December 5, 2018
Meeting moved from Village of Lansing Office, 2405 N. Triphammer Rd., Lansing, NY
to Lansing Town Hall Board Room, 29 Auburn Rd., Lansing, NY. A sign was placed on
the Village of Lansing Office door noting the location change.
PLEASE NOTE: The primary purpose of the Town Board Work Session is to be
informational/educational for the benefit of the Board Members. Public comment will be
taken at the regular meetings when the items are scheduled on the agenda.
The meeting was called to order at 6:46 p.m. by Supervisor, Edward LaVigne, and
opened with the Pledge of Allegiance to the flag. Roll call by Laura Nemecek, Deputy
Town Clerk, showed the following to be
Present:
Andra Benson, Councilperson Katrina Binkewicz, Councilperson
Doug Dake, Councilperson Joseph Wetmore, Councilperson
Edward LaVigne, Supervisor
Absent: No one absent
Also Present: Guy Krogh, Town Counsel, Dan Veaner, Lansing Star, Andrew Sullivan,
The Ithaca Times, Ted Laux, Melanie Malone, Suzanne Hinderliter, and a few other
attendees.
MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW #5
OF 2018, A LOCAL LAW TO AMEND THE EXISTING DOG LICENSING
REQUIREMENTS FOR SERVICE DOGS
Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON
PROPOSED LOCAL LAW #5 OF 2018, A LOCAL LAW TO AMEND THE
EXISTING DOG LICENSING REQUIREMENTS FOR SERVICE DOGS
at 6:47 pm. Councilperson Joseph Wetmore, seconded the motion.
All in Favor – 5 Opposed – 0
No one addressed the Town Board.
MOTION TO CLOSE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore,
moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW #5 OF
2018, A LOCAL LAW TO AMEND THE EXISTING DOG LICENSING
REQUIREMENTS FOR SERVICE DOGS at 6:50 pm.
Councilperson Andra Benson, seconded the motion.
All in Favor – 5 Opposed – 0
RESOLUTION ADOPTING LOCAL LAW NUMBER 5 OF 2018, A LOCAL LAW
TO AMEND CERTAIN LICENSING RULES FOR DOGS UNDER THE TOWN OF
LANSING LOCAL LAW NUMBER 8 OF 2015, ENTITLED “LICENSING,
IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING”
RESOLUTION 18-150
RESOLUTION ADOPTING LOCAL LAW NUMBER 5 OF 2018, A LOCAL LAW
TO AMEND CERTAIN LICENSING RULES FOR DOGS UNDER THE TOWN OF
LANSING LOCAL LAW NUMBER 8 OF 2015, ENTITLED “LICENSING,
IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF LANSING”
The following Resolution was duly presented for consideration by the Town Board:
December 5, 2018
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WHEREAS, in order to update licensing and license payment requirements for dogs,
including to put all dogs under uniform requirements for licensing and to avoid problems
and confusion that have arisen, the Town is proposing to amend its dog control and
licensing law to require licensing payments for defined “Service Dogs”; and
WHEREAS, this action is a Type II SEQRA Action such that no environmental review is
mandated or required; and
WHEREAS, a public hearing was duly noticed for the Village of Lansing office (then
moved, with notice on the Village of Lansing Office door, to Lansing Town Hall Board
Room, 29 Auburn Rd.) and duly held at the Town of Lansing Board Room on the 5th day
of December, 2018 whereat all persons interested in the subject matter of this local law
were duly heard; and
WHEREAS, after due deliberation thereupon, the Town Board of the Town of Lansing
has hereby resolved as follows:
1. Local Law Number 5 of 2018 be and hereby is approved and adopted in the form
as presented to this meeting, and in such form “be it so enacted.”
2. In accord with the Municipal Home Rule Law the final adopted version of this
local law shall be filed with the Town Clerk, and the said Town Clerk shall within 20
days hereof file the same with the New York State Secretary of State, State Records and
Law Bureau, Department of State, 41 State Street, Albany, New York 12231, as required
by Municipal Home Rule Law.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put
to a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz – Aye
Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
December 5, 2018.
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 5 OF 2018
A LOCAL LAW TO AMEND CERTAIN LICENSING RULES
FOR DOGS UNDER THE TOWN OF LANSING LOCAL LAW
NUMBER 8 OF 2015, ENTITLED “LICENSING, IDENTIFICATION,
AND CONTROL OF DOGS IN THE TOWN OF LANSING”
Be it enacted by the Town of Lansing as follows:
SECTION 1: Section 5, Subdivision K of Local Law #8 of 2015 be and
hereby is amended to read as follows:
“K. EXEMPTIONS FOR SPECIAL SERVICE DOGS: Unless
preempted by state or federal law, all Special Service Dogs must be
licensed.”
SECTION 2: In all other manners and respects the balance of Local Law
#8 of 2015 remains unchanged hereby.
SECTION 3: This local law shall take effect January 1, 2019.
December 5, 2018
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PRIVILEGE OF THE FLOOR
One resident addressed the Board with the following concerns and statements regarding
the zoning of the Kohlenberg property. The resident also passed out an ongoing petition
for no B1 (Commercial) zoning at this parcel along with the Land Use Ordinance
showing the B1 and L1 (Lakeshore) permitted uses, 1999 zoning map, 2003 zoning map,
and the current B1 definition to the Town Board.
The auto repair shop is a grandfathered use
o Grandfathered use goes with the property if sold
The owner can get a reasonable return on his property without changing the
zoning use
Looking at the 1994 Comprehensive Plan and the 1998/1999 Land Use Ordinance
it’s clear that the L1 zoning purpose was to regulate development of land nearby
the lake
o This parcel is less than half a mile away from the Lake and a portion of the
property is on a slope
o The overall change from B1 to L1 is over 30 acres and miles of road
frontage and not just one parcel
o Resolution states that the change from Lakeshore to Commercial is to
correct a mistake
Would like to know if the error has been established and verified
Property was last purchased in 2002
o 2003 adopted Land Use Ordinance and Zoning Map update appears to
have followed the correct process but there is no record for this zoning
change in that documentation
Resolution scheduling the public hearing states the Planning Board unanimously
recommended this zoning change or correction for this parcel from Lakeshore to
Commercial
o At Planning Board and Land Use Ordinance meetings a Planning Board
member said more than once that they consider this change spot zoning
Has the Town Board spoken with this Planning Board member to
get their perspective
Town officials do not have control over any perspective businesses that would go
there, but they do have control over the zoning
Current B1 zoning definition specifies B1 is to allow for relatively dense
development and light industry
o Is that something we really want at this parcel
B1 zoning definition also specifies to closely consider the effects on adjacent land
uses and safe movement of traffic
o These are two more reasons B1 is not compatible at this parcel
There is a surplus of B1 available in Lansing with numerous vacant commercial
lots and commercial buildings that are available
o What is the need for B1 at this parcel
Would like to know the legitimate public purpose to the zoning change and how
nearby property values, quality of life, and long term vision of Lansing will be
protected with this B1 zoning change
How is the B1 zoning change going to preserve the unique character of that area
The residents including those on the petition and others are asking the Town
Board to hold off on changing the zoning for this parcel until concerns are
publicly addressed and thoughtful consideration is taken
RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL
LAW #6 OF 2018, A LOCAL LAW TO MAKE ONE MINOR AMENDMENT
AND CORRECTION TO OFFICIAL TOWN OF LANSING ZONING MAP
RESOLUTION 18-151
RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL
LAW #6 OF 2018, A LOCAL LAW TO MAKE ONE MINOR AMENDMENT
AND CORRECTION TO OFFICIAL TOWN OF LANSING ZONING MAP
The following Resolution was duly presented for consideration by the Town Board:
December 5, 2018
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WHEREAS, the affected landowner has long petitioned for a zoning change for TPN 32.-
1-47.1 from L1 (Lakeshore) back to B1 (Commercial) due to such TPN’s long standing
use as an automotive repair facility and to correct error in original L1 zone boundary
mapping, and duly waited years for the updated Comprehensive Plan to be finalized and
duly adopted; and
WHEREAS, this parcel was one of five parcels unanimously recommended for correction
or change by the Planning Board, including during the Comprehensive Plan development
and review period, which lasted many years, and such parcel in question has been a
business use for decades and used to be zoned as B1 property given its historical use and
location on a major state highway, at a busy intersection, and in juxt aposition to
neighboring institutional and commercial-type uses (3 schools, 2 churches, with business
up the street and 2 marinas and other businesses down the road nearer the lake), but when
the L1 lakeshore lines were created the mapping drew a straight line a set distance and
mistakenly changed this parcel’s zoning; and
WHEREAS, the Planning Board had carefully reviewed and examined several proposals
for minor zoning changes and noted that this change was also consistent with
comprehensive planning and the business uses and zones proposed to be extended in
relation to each of such areas (here, an overlay district), and thus unanimously
recommended proceeding on this (and other) zoning changes (while recommending
waiting on others until more comprehensive mapping and zoning reviews are
undertaken), but for an initial lack of support, this particular parcel was not considered in
the final review and adoption of Local Law #4 of 2018, which changes the zoning of all
other parcels per the Planning Board’s unanimous recommendation; and
WHEREAS, this action has been classified as an Unlisted Action and as there are no
other involved agencies, as no other agency has funding or approval authority and these
changes are not town-wide or within required distances of any municipal boundary, the
Town Board of Lansing intends to proceed with a SEQRA review through an
uncoordinated review; and
WHEREAS, upon deliberation thereupon and in respect of the unanimous
recommendations and referrals of the Planning Board, as well as the decadal-long
petitions of the affected landowners, the Town Board of the Town of Lansing has hereby
RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn
Road, Lansing, New York, being in the Town of Lansing, on the 19th day of December
2018, at 6:31 pm, to consider public input and comments upon such proposed Local Law,
and to hear all persons interested in the subject thereof, 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 the law;
and it is further
RESOLVED, that the Town Clerk cause this proposed local law, its related maps, and the
SEQRA SEAF to be delivered to County Planning, if required, for a § 239 review.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put
to a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz – Aye
Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
December 5, 2018.
December 5, 2018
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LOADER FOR HIGHWAY DEPARTMENT DISCUSSION
Town Counsel, Guy Krogh, prepared a 2018 Lease Finance Analysis for a Case Front
End Loader 821G for the Board to review.
Supervisor, Edward LaVigne, noted that Cricket is being selective and cautious as to
what the value to the Town is.
Town Counsel, Guy Krogh, stated complying with 109b and the Comptrollers regulations
requirements is not simple. He noted, it requires the Town to comply with all
procurement requirements for the goods as well as meet specific types of procurement
and competitive bidding requirements for the financing.
Councilperson, Joseph Wetmore, stated he would like the Town to put together a capital
budget showing a five or ten year projection. He continued, it would be useful in making
these decisions if the Town had a long-term plan.
Councilperson, Katrina Binkewicz, stated the Town has already started working on a total
capital budget for the whole Town.
A Resolution will be presented at the December 19, 2018 meeting.
RESURFACING BASKETBALL COURTS FOR PARKS DEPARTMENT
DISCUSSION
Supervisor, Edward LaVigne, noted three (3) basketball courts will be resurfaced;
Ludlowville Park, Myers Park, and the court at the ballfields. He stated, there is
significant savings if deal is made before the end of the year and the money will be
allocated. Ed continued, the courts will be done in the spring.
CLEANING CONTRACT FOR 2019 DISCUSSION
The Towns current cleaners’ contract is expiring at the end of December. After a
discussion regarding putting the cleaning contract out to bid, and terms and length of
contract, it was decided the Town would put the cleaning contract, for one year, out to
bid. The Board agreed that in the future this process will start in November.
NUCLEAR DISARMAMENT PROPOSAL DISCUSSION
The Board discussed what its duty is when it comes to issues such as Nuclear
Disarmament. Should the Board deal with Town issues or is it important as a Town to
speak out on these issues from time to time?
Councilperson, Joseph Wetmore, will draft a resolution and submit to the Board for
review and discussion.
HONORING STANLEY BURKE AND GUS ISAAC DISCUSSION
Gus Isaac - Name the cove at Salt Point Isaac’s Cove with a plaque honoring him on the
pole at the boat launch. Gus has fished at the cove for the past 80 years and before going
into the war he worked at the Salt Plant.
Stanley Burke - Name gazebo at Ludlowville Park after him with a plaque honoring him.
Stanley grew up in Ludlowville.
Peter Wheeler - A slave that the Ludlowville brothers helped escape from his cruel slave
master. Possibly put a plaque in Ludlowville with his story on it.
2019 ORGANIZATIONAL RESOLUTIONS AND MEETING DATES
DISCUSSION
Move February 2019 meeting to February 13th due to conflict with Association of
Towns meeting on February 20th.
December 5, 2018
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Two additional meetings will be held, September 4th and November 6th, at the
Lansing Town Hall.
Planning Board and Zoning Board of Appeals members will be paid monthly
salary. They will be paid $50 the first of every month which totals $600 per year.
MOTION TO ENTER EXECUTIVE SESSION
Supervisor Edward LaVigne, moved to ENTER EXECUTIVE SESSION TO
DISCUSS MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF
A PARTICULAR PERSON/CORPORATION, OR MATTERS LEADING TO
SAID DISMISSAL, REMOVAL, PROMOTION, APPOINTMENT,
EMPLOYMENT, DISCIPLINE, DEMOTION, OR SUSPENSION AT 8:15 PM.
Councilperson Doug Dake, seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO EXIT EXECUTIVE SESSION
Councilperson Andra Benson, moved to EXIT EXECUTIVE SESSION AT
8:40 PM. Councilperson Joseph Wetmore, seconded the motion.
All in Favor – 5 Opposed – 0
ADJOURN MEETING
Meeting adjourned at the call of the Supervisor at 8:41 p.m.
Minutes taken and executed by the Deputy Town Clerk.
Respectfully submitted,
Laura Nemecek
Deputy Town Clerk
