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HomeMy WebLinkAbout2018-05-02 work session May 2, 2018 1 TOWN BOARD WORK SESSION MEETING FIRE STATION 4 – NORTH LANSING FIRE STATION 1189 AUBURN RD., LANSING, NY May 2, 2018 The meeting was called to order at 6:33 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, Ted Laux, Michael Long, Town Planning Consultant, Chris Williams, Tom Butler, Justin Michener, Dale Baker, Maureen Cowen, Reenie Sandsted, and a few other attendees. MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED ADOPTION OF UPDATED COMPREHENSIVE PLAN Supervisor Edward LaVigne, moved to OPEN THE PUBLIC HEARING ON PROPOSED ADOPTION OF UPDATED COMPREHENSIVE PLAN at 6:34 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 One resident addressed the Town Board and stated the following: The Comprehensive Plan is a great piece of work, it’s more than just a plan it’s Patriotism on display, a benchmark of consensus, a reference point for the Town, documentation of what the Town believes in and stands for, a vision of transformation, a guide for change and a closure of the process. The resident urges the Town Board not to lose momentum and hopes the Board approves and adopts the Plan unanimously. The resident then read a brief excerpt about compromise from the United States Constitution. The excerpt was from the section on how the Constitution was formed at the Constitutional Convention. Supervisor, Edward LaVigne, read a letter from a resident who is also a member of the Planning Board. The letter is available in the Town Clerk’s Office if anyone would like to read it. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Katrina Binkewicz, moved to CLOSE THE PUBLIC HEARING ON PROPOSED ADOPTION OF UPDATED COMPREHENSIVE PLAN at 6:47 pm. Councilperson Joseph Wetmore, seconded the motion. All in Favor – 5 Opposed – 0 COMPREHENSIVE PLAN DISCUSSION The following Comprehensive Plan items are from the letter that was read during the Public Hearing. They were discussed and the changes, as stated here, were agreed upon by the Town Board. Letter Item #5 Page 64: By striking the acknowledgement that the Town does currently work with developers to provide open space and trail connections, the implication is made that this does not currently occur. That is not the case, and I think that doing less than acknowledging current efforts while suggesting that the process should be taken further does a disservice to past efforts of the Town. The following phrase, as amended, was re-inserted: May 2, 2018 2 The Town of Lansing has for the last 8 years or so included some trail plans in affected subdivisions within the central and southern end of the Town through the site plan review process. These have included some actual trails in progress, and easements left for future trails and paths. The Town should continue to explore and encourage the development, where feasible, of new trails, paths, and sidewalks within proposed development both residential and commercial. Letter Item #1 Page 41: I believe that the word “controlling” should be reinstated. We must allow for some commercial development, hopefully professional offices, research and “high tech”. The vision that this document puts forth has costs that cannot be adequately supported by taxation of residential and farm land alone, especially with the reduction of our traditionally high tax base sources. There is ample room for this type of development in areas where infrastructure is already available, and the Town has been trying to encourage it there. The following word, as changed, was reinstated: Change word from “limiting“ to “controlling” Letter Item #3 Page 44: I feel that the sentence that was stricken should be reinstated, and the added portion be kept to supplement the description of the work that Town staff already does. The following phrase, as amended, was re-inserted: Development within these sensitive areas is currently reviewed through the building department and the Storm Water Management Officer (SMO). Letter Item #7 Page 76, Goal NR-7: I continue to oppose the development of a CAC, for the reasons I have previously stated, the additional costs to the Town and delays that the addition of another level of bureaucracy will result in. The same results can be realized by regular citizen input to the Planning and Town boards during the regular meeting and hearing processes without the additional costs. Councilperson, Katrina Binkewicz, stated the Conservation Advisory Committee (CAC) is not the same as a Conservation Advisory Board (CAB), and the Committee is not going to have oversight regulation. Councilperson, Doug Dake, stated the CAC would be at the pleasure of the Town Board. Town Counsel, Guy Krogh, stated the CAC may or may not lead to a CAB; the Town Board would make that decision. He noted, the Committee could take some of the leg work from Town employees to create some savings and this is a budgetary issue and should be kept track of as it will create some costs and some savings. Councilperson, Doug Dake, asked what would be the first task of the CAC; possibly take inventory and establish what we’re conserving. Councilperson, Joseph Wetmore, stated the CAC would take an Inventory of Open Space and look at cultural places the Town would want to preserve and then create a map. He noted, the Planning Board could then use this information when doing reviews. Councilperson, Katrina Binkewicz, suggested possibly offer conservation easements to people. Town Counsel, Guy Krogh, stated the first step would be a resolution stating the duties and goals of the CAC. Councilperson, Andra Benson, stated some property owners and farmers have problems with hunters on their land and the owners don’t have time to walk their property and enforce no hunting. She noted, it would be nice to see an inventory of such areas and May 2, 2018 3 possibly allow owners to change how their property is managed. An example is private property on Salmon Creek Road near the Bird Sanctuary. Supervisor, Edward LaVigne, stated the CAC would be given small and doable tasks and take baby steps to see how the committee evolves. No change made, leave as is. RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING ISSUING AND MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS UNDER SEQRA AND APPROVING AND ADOPTING TOWN OF LANSING 2018 COMPREHENSIVE PLAN PURSUANT TO TOWN LAW § 272-a, AN UPDATE AND AMENDMENT OF THE EXISTING TOWN COMPREHENSIVE PLAN Town Counsel, Guy Krogh, reviewed the FEAF parts 2 and 3. The following are minor changes to be made to the FEAF part 2: 2a. Add the word “help” before prevent 4. Add the word “help” before mitigate 4. Remove the first “specifically” 4c. Add the word “some” before development 13f. Add a note regarding County 239 Review A Negative Declaration under SEQRA is approved with the above amendments to be made by Town Counsel, Guy Krogh. Supervisor, Edward LaVigne, noted the 239 Review was sent to the County and has been returned. Town Planner, Mike Long, stated the County was given the recent changes made to the Comprehensive Plan and the County agreed with all changes made. He noted, the County’s main concern is the density of development in Lansing and they don’t want to see a city pop up in Lansing overnight. Mike continued, the County asked that the Town look at the density requirements and the Land Use Ordinance to come up with a formula. Short Break 7:49 pm – 7:59 pm RESOLUTION 18-79 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF LANSING ISSUING AND MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS UNDER SEQRA AND APPROVING AND ADOPTING TOWN OF LANSING 2018 COMPREHENSIVE PLAN PURSUANT TO TOWN LAW § 272-a, AN UPDATE AND AMENDMENT OF THE EXISTING TOWN COMPREHENSIVE PLAN The following Resolution was duly presented for consideration by the Town Board: WHEREAS, several committees began the process of demonstrating a need to update the Town’s Comprehensive Plan, ranging from a Zoning and Ordinance Review Committee to Town Center Committees, and thus a Comprehensive Plan Committee (“CPC”) was established by Town Board Resolution #12-166, dated August 15, 2012, and over the intervening four-plus years the CPC with additional and replacement appointments to the CPC, but with continuity and no break in the contemporaneous review or timing of the Plan, prepared several draft plans, gathered information and data, conducted surveying, conducted public information sessions, conducted dozens of public meetings, and drafted, edited, and developed several plans, culminating in a draft Comprehensive Plan dated July 11, 2016, with copies duly made available at the Lansing Town Clerk’s Office, the Lansing Town Supervisor’s Office, the Town Planning Offices, as well as at the Lansing Community Library and the Village of Lansing Offices, said plan also being available online and through the Town’s website; and WHEREAS, the CPCs held at least 28 public meetings and, in accordance with Town Law § 272-a, held a public hearing upon such draft Comprehensive Plan upon August 10, May 2, 2018 4 2016, whereat all members of the public wishing to speak or present opinions or evidence were duly heard, and such hearing was duly closed but the comment period was left open for additional written submissions until August 31, 2016; and WHEREAS, upon September 14, 2016, in accord with Town Law § 272-a(5) and the directions of the Town Board and other provisions of law, the CPC did formally refer the draft Comprehensive Plan (and related records) to the Town, and the Town Board formally referred the Plan to the Planning Board for review and such editing or changes as the Planning Board deemed appropriate; and WHEREAS, the Planning Board worked on the Comprehensive Plan for over a year, including at approximately 22 public meetings and additionally scheduled public working sessions, and throughout such time various persons and members of the public brought issues to the attention of the Planning Board, and during such times preliminary § 239 reviews were also sent to and replies received from County Planning, and changes and recommendations were duly implemented, mapping was continuously updated with the help of County Planning, several draft Plan versions were reviewed and updated, and a final draft Plan was generated for review and recommendation; and WHEREAS, during all this time an Agricultural Committee was formed and an Agricultural and Farmland Protection Plan was developed, approved, and implemented and made a part of the then existing Comprehensive Plan and this draft updated Comprehensive Plan, which agricultural plan was duly reviewed and approved by the New York State Department of Agriculture and Markets; and WHEREAS, as part of the Agricultural and Farmland Protection Plan an Agricultural Committee was duly formed and such committee also held meetings and participated in the review of and recommendations for this amended and updated Plan; and WHEREAS, the Town Board also held a public information session concerning the draft, updated Comprehensive Plan upon August 30, 2017; and WHEREAS, the Planning Board duly noticed and conducted its required public hearing upon the afore-described final draft under consideration for recommendation to the Town Board per Town Law § 272-a upon October 30, 2017, whereat all members of the public were entitled to speak and present such opinions and evidence as they deemed appropriate; and WHEREAS, and thereafter, the Planning Board considered all the comments and information received at the public hearing and provided replies to the various comments as based upon the category of the comment and other factors then weighed by the Planning Board, and such comments and recommendations were reviewed at a further public meeting held upon November 13, 2017; and WHEREAS, by resolution dated November 13, 2017, the Planning Board unanimously referred the draft, updated Comprehensive Plan to the Town Board, along with its recommendations and a complete record of the public hearing and comments received; and WHEREAS, and thereafter, the Town Board affirmed and re-issued its Notice of Intent to be Lead Agency for the environmental review of the Comprehensive Plan update, and duly caused to be prepared a FEAF for a Type I review, and duly generated dozens of maps and reports relating to SEQRA and impact issues for analysis and review; and WHEREAS, the Town Board also undertook to cause the final draft recommended Comprehensive Plan to be re-submitted to the Tompkins County Department of Planning and Sustainability (“County Planning”), and County Planning duly updated their November 14, 2016, September 1, 2017, and December 8, 2017 preliminary 239 reviews, provided intermediate responses as final changes were implemented, and issued a final review dated May 1, 2018, which included confirmation that the Town’s changes to the Comprehensive Plan and responses to County Concerns were each and all adequately addressed and implemented such that a supermajority requirement does not here apply and May 2, 2018 5 these resolutions are to be delivered, along with a copy of the final Comprehensive Plan, as and for the Town’s official reply under GML § 239-m(6); and WHEREAS, the Planning Board summary of the multi-year Timeline of Events pertaining to the over 50 public meetings since October, 2014 involving this Plan update and the multiple public information sessions and public hearings, as well as the written summary of the comments, recommendations, and official unanimous resolution of the Planning Board urging the Town Board to move forward with the public hearing and adopt the draft Plan, all together with the written comments of the Planning Board pertaining to the recommendations concerning the § 239 response of County Planning, be and hereby are each and all expressly incorporated in this Resolution, together with the Minutes of the Planning Board’s December 11, 2017 public meeting; and WHEREAS, the Town conducted its official § 272-a public hearing upon December 20, 2017, said hearing having been within 90 days of the date of referral from the Planning Board, and at such public hearing all comments and evidence were duly heard and taken; and WHEREAS, and thereafter, the Town Board did discuss and provide for additional public input at its January 17, 2018 regular meeting, its February 21, 2018 regular meeting; its March 7 special working meeting held at the Village of Lansing Meeting Hall, its March 21 regular meeting, its April 4 working meeting, whereat a full slideshow analysis and presentation and comparison was had as between the 2018 and 2006 plan (still called the 2017 plan in such presentation), as well as comparisons to non-final interim drafts as assembled for consideration by original committees from prior years; and WHEREAS, further discussion and input was had at said working meeting held on April 4, 2018, a special meeting called for the review of the Comprehensive Plan held upon April 11, 2018, and again at the regular meeting on April 18, whereat a further public hearing was set for the North Lansing Fire Hall upon May 2, 2018; and WHEREAS, upon May 2, 2018, such further public hearing was held and all comments and evidence were duly heard and taken; and WHEREAS, as lead agency the Town Board considered and analyzed each of the potential identified impacts in relation to the question of whether such impacts were so probable of occurring or so significant as to require a positive declaration of environmental impact(s), and after weighing the actual and potential impacts arising from or in connection with this updated Comprehensive Plan, and after duly noting that the goals and priorities of the existing comprehensive plan were not changed and no new substantial re-ordering of or new resource priorities has here occurred, as also confirmed by the Planning Board through its review and at its meeting upon December 11, 2017, and after also considering and weighing (i) the probability of each potential impact occurring, including weighing the speculative nature of some potential future contingencies and the potential non-speculative nature of others, (ii) the duration of each potential impact, (iii) the irreversibility of each potential impact, including a consideration of permanently lost resources of value, (iv) whether each potential impact can or will be controlled or mitigated by permitting, reviews, or other regulatory processes, (v) the regional consequence of the potential impacts, (vi) the potential for each impact to be or become inconsistent with the Town's master or comprehensive plans, both existing and as amended, as well as local needs and goals, and (vii) whether any known objections to the Plan relate to any of the identified potential environmental impacts, the Town Board found that these factors did not cause any potential negative environmental, or related social or resource impact to be or be likely to become a moderate or significant negative environmental impact; and WHEREAS, after due deliberation upon these matters and the final changes as made pursuant to and in compliance and furtherance of GML § 239, and upon a review and analysis of each and all potential environmental impacts, the Town Board as Lead Agency hereby makes a negative declaration of environmental impacts under SEQRA, and WHEREAS, upon and in consideration of all past and present comments received at the Comprehensive Plan Committee public hearing, the Planning Board’s public hearing, and May 2, 2018 6 the Town Board’s public hearings, the fact that the final drafts of the Plan have each been publicly posted online, with copies available at Town Hall, since June, 2017 (and each map and other adjustment or amendment thereto having been publicly made and posted and filed as well), and upon due deliberation thereupon the Town Board did duly resolve and determine as follows, so accordingly NOW, THEREFORE, BE IT DECLARED AND RESOLVED AS FOLLOWS: 1. That the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency and as such the Town Board issues a declaration in accord with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations promulgated thereunder and, accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the FEAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review and the comments, findings, and analyses therein and based thereupon, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have any moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the FEAF, including the findings noted therein, which findings are incorporated herein as if set forth at length, and after consideration of the actual and potential environmental impacts the Town Board finds that the proposed action of approving the updated Town of Lansing Comprehensive Plan will neither individually nor cumulatively have any moderate or significant negative environmental consequences or impacts, and the Town Board therefore hereby makes and declared a negative determination of environmental significance (a “Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required. 2 The Town Supervisor of the Town of Lansing is hereby authorized and directed to complete and sign the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed FEAF, findings statement, and determination of significance shall be incorporated by reference herein, and the Town Clerk is directed to deliver or file a copy of this Resolution and Negative Declaration with the following persons and agencies: (i) the Town Clerk and Town Supervisor of the Town of Lansing; (ii) all Involved and Interested Agencies; (iii) any person requesting a copy; and (iv) a summary and notice hereof with NYSDEC for publication in the Environmental Notice Bulletin (ENB), by sending such notice, in forms required by the DEC, to the ENB at 625 Broadway, Rm. 538, Albany, NY 12233-1750 (or via delivery to the ENB electronically at www.dec.state.ny.us, as required by 6 NYCRR § 617.12). 3. The Comprehensive Plan in the final form as presented to this meeting be and hereby is approved and adopted as the updated and official Comprehensive Plan of and for the Town of Lansing, Tompkins County, New York. 4. All future zoning changes based upon this comprehensive plan update shall and hereby are required to examine density and its impacts on transportation and infrastructure as required under SEQRA, by the Plan itself and consistent with the official County Planning § 239 comments to this Comprehensive Plan, dated May 1, 2018, page 2. 5. Pursuant to Town Law § 272-a, the Town had already undertaken an agricultural review and coordination of this amended Comprehensive Plan, and the Agriculture and Farmland Protection Plan of the Town was duly approved by NYSDAM and has been incorporated into this Plan. 6. The Town Board directs that this Plan be reviewed at least every 5 years, with any needed changes or amendments to be implemented not less than once every 10 years. 7. This Comprehensive Plan, as well as any future supplements, updates or amendments hereto, shall be filed in the office of the Town Clerk and a copy thereof shall be filed in the Tompkins County Department of Planning and Sustainability as required by Town Law § 272-a(12). May 2, 2018 7 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Andra Benson, 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 May 2, 2018. MOTION TO SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW #2 OF 2018-A LOCAL LAW TO ESTABLISH THE 2018 LOCAL RETIREMENT INCENTIVE PROGRAM FOR THE TOWN OF LANSING, SCHEDULED FOR MAY 16, 2018 AT 6:37 PM, AT THE LANSING TOWN HALL, 29 AUBURN ROAD, LANSING, NY Supervisor Edward LaVigne, moved TO SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW #2 OF 2018-A LOCAL LAW TO ESTABLISH THE 2018 LOCAL RETIREMENT INCENTIVE PROGRAM FOR THE TOWN OF LANSING, SCHEDULED FOR MAY 16, 2018 AT 6:37 PM, AT THE LANSING TOWN HALL, 29 AUBURN ROAD, LANSING, NY. Councilperson Joseph Wetmore, seconded the motion. All in Favor – 5 Opposed – 0 Topics of Discussion: 1. Reserve Accounts Supervisor, Edward LaVigne, stated reserve accounts must have some amount of money deposited into them every year otherwise the Town will be charged a Five Dollar ($5) fee per month. He noted, a Resolution will be presented at the next Town Board Meeting on May 16, 2018. 2. Trails Councilperson, Katrina Binkewicz, stated the walking loop trail at Salt Point is going to be made more handicap accessible by widening the loop. She noted, limestone dust will be used for the loop trail to make it more stable and non-toxic means will be used to keep weeds out. Katrina continued, this loop is a walking trail only. Supervisor, Edward LaVigne, stated $15,000 is allocated to the trailways fund; $6,000 for the Salt Point walking loop trail and the remaining $9,000 for the reserve account. 3. Sewer District #1 Supervisor, Edward LaVigne, stated the Village of Cayuga Heights hasn’t decided on the MPR or the formation of the sewer district at this time; they meet on May 23, 2018. He noted, the Town will still hold the public hearing on May 16, 2018 and wait to pass the resolution at the June 6, 2018 meeting. Meeting adjourned at the call of the Supervisor at 8:25 p.m. Minutes taken and executed by the Deputy Town Clerk. Respectfully submitted, Laura Nemecek Deputy Town Clerk