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Home My WebLink About2018-10-03 work session October 3, 2018 1 TOWN BOARD WORK SESSION MEETING LANSINGVILLE FIRE STATION 1235 RIDGE RD., LANSING, NY October 3, 2018 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 6:43 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 (Arrived 6:46) 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, Steve and Sue Ruoff, Melanie Malone, Lisa Ruzicka, Tim Farrell, Chris Hesse, John Burger, and a few other attendees. RESOLUTION ISSUING NEGATIVE DECLARATION UNDER SEQRA AND ADOPTING LOCAL LAW #4 OF 2018, CHANGING ZONING DESIGNATIONS FOR 4 PARCELS BY ZONE BOUNDARY ADJUSTMENT AND UPDATING OFFICIAL ZONING MAP ACCORDINGLY Town Counsel, Guy Krogh, reviewed SEAF Parts Two and Three. SEAF Part One – An omission was noted and “County 239 Review” was added to Part one, box two. RESOLUTION 18-134 RESOLUTION ISSUING NEGATIVE DECLARATION UNDER SEQRA AND ADOPTING LOCAL LAW #4 OF 2018, CHANGING ZONING DESIGNATIONS FOR 4 PARCELS BY ZONE BOUNDARY ADJUSTMENT AND UPDATING OFFICIAL ZONING MAP ACCORDINGLY The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the affected landowners have long petitioned for a zoning change for 4 different tax parcels, and each waited for the Comprehensive Plan review and adoption period to come to completion, and all such parcels are in or near, and a part of, the Town Center area; and WHEREAS, the Planning Board has carefully reviewed and examined several proposals for minor zoning changes and notes that these changes are consistent with comprehensive planning and the business uses and zones proposed to be extended in relation to each of such areas, and thus unanimously recommended proceeding on these changes; and WHEREAS, a Public Hearing was duly called and held upon this matter, and its concurrent environmental review under SEQRA, at the Lansing Town Hall, 29 Auburn Road, Lansing, on the 19th day of September 2018, whereat all evidence was received and the public duly heard; and WHEREAS, County Planning issued its 239 review upon September 26, 2018 and determined that this proposal had no negative county-wide or inter-community impacts, and a SEQRA environmental review of potential environmental impacts was undertaken on the record, findings duly made, and a negative declaration issued as declared below; and October 3, 2018 2 WHEREAS, after due deliberation thereupon, the Town Board of the Town of Lansing has hereby resolved as follows: 1. This declaration is made 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 SEAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review; (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 SEAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), and after consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Town Board finds that the proposed action of approving the proposed local law will neither individually nor cumulatively have any moderate or significant negative environmental consequences or impacts hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required. 2. A responsible officer of the Town Board 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 SEAF and determination of significance shall be incorporated by reference herein. 3. Local Law Number 4 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.” 4. The Town Planner is directed to promptly cause the official zoning map to be updated accordingly. 5. In accord with the Municipal Home Rule Law, and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, 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 October 3, 2018. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 4 OF 2018 A LOCAL LAW TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF LANSING AND CHANGE THE ZONING CLASSIFICATIONS OF 4 PARTICULAR PARCELS (AMENDING LOCAL LAW #1 OF 2015, WHICH ADOPTED AN UPDATED LAND USE LAW AND UPDATED ZONING MAP, TO THE EXTENT OF CHANGING THE ZONING MAP AS SET FORTH IN THIS LOCAL LAW #4 OF 2018) Be it enacted by the Town of Lansing as follows: October 3, 2018 3 SECTION 1: This Local Law amends zone parcel boundaries for two small areas of the Town of Lansing Zoning Map, and does not create any new zones, zone types, or classifications therefor. SECTION 2: The official Zoning classifications of and for the following properties, and the official Zoning Map of the Town of Lansing, be and hereby are amended as follows: a. Change TPN 31.-1-18, TPN 31-1-15.21, and TPN 31.-1-15.1 from IR Zone (Industrial and Research) to B1 (Commercial), to match the zoning on the westerly side of State Route 34 and the zoning of the Town Center lands of which such parcels are a part. b. Change TPN 37.1-3-18 from R1 (Residential) to B2 (Business) in the Town Center area, including to match neighboring B2 zoned parcel along Triphammer Road with same owner, and to extend zoning to the street lines. SECTION 3: Except as set forth in § 2 of this Local Law, Local Law #1 of 2015 and the Town of Lansing’s official Zoning Map remain unchanged and in force and effect. SECTION 4: If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court or tribunal of competent jurisdiction, such judgment or determination shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town of Lansing hereby declares that it would have passed this Local Law, or the remainder hereof, had such invalid application or invalid provision been apparent. SECTION 5: This Local Law shall take effect immediately. PRIVILEGE OF THE FLOOR A non-resident thanked the Town Board for taking some action with the Lansing Rod and Gun. They also talked about and read a short excerpt from the EPA’s best management practices manual. The non-resident stated that the EPA is not implementing these practices at the Lansing Rod and Gun. They asked the Town Board to read the EPA’s best management practices. A resident stated they would like to know where the Lansing Rod and Gun stands and what they are proceeding with. They stated the Lansing Rod and Gun is not following the EPA’s best management practices. RESOLUTION ADOPTING TOWN OF LANSING UPDATED SEXUAL HARASSMENT POLICY UNDER LABOR LAW § 201-g, APPROVING COMPLAINT FORMS AND OTHER MATTERS CONCERNING THE PROHIBITION AND ENFORCEMENT OF A ZERO-TOLERANCE SEXUAL HARASSMENT POLICY RESOLUTION 18-135 RESOLUTION ADOPTING TOWN OF LANSING UPDATED SEXUAL HARASSMENT POLICY UNDER LABOR LAW § 201-g, APPROVING COMPLAINT FORMS AND OTHER MATTERS CONCERNING THE PROHIBITION AND ENFORCEMENT OF A ZERO-TOLERANCE SEXUAL HARASSMENT POLICY The following Resolution was duly presented for consideration by the Town Board: WHEREAS, New York State had issued mandates concerning updated sexual harassment policies, and the Town is required to have compliant policies in place on or before October 9, 2018; and October 3, 2018 4 WHEREAS, many statutes were amended to implement this policy in the NYS budget, and promised guidance for implementation, compliance, and the related NYS regulations unfortunately lagged behind schedule, such that the final guidance documents and draft policies and forms, as developed by the NYS Department of Labor, among other agencies, were only recently updated to their near-final form; and WHEREAS, this allows for adoption, but not the proper integration of such policy with the Town’s Employee Handbook and other personnel policies, including but not limited to the Town’s Workplace Violence policies and local laws; and WHEREAS, after due consideration of all of the foregoing, the Town Board of the Town of Lansing has duly resolved as follows: 1. The Sexual Harassment Policy submitted to this meeting, if and as amended, be and hereby is approved and adopted as an official policy of the Town of Lansing, and the Town of Lansing hereby again declares that it has a zero-tolerance policy related to sexual harassment. 2. The Sexual Harassment Complaint Form as submitted to this meeting, if and as amended, be and hereby is approved and adopted as the official sexual harassment complaint form of the Town of Lansing. 3. The Town Supervisor shall begin the process of a formal review of related existing policies to integrate these policies and ensure that all such policies are kept up - to-date, including but not limited to amending policies as additional guidance documents and state regulations become finalized or adopted. 4. The Town shall begin the process of identifying interactive training and shall require all employees and officers to undertake interactive training as required by the New York State Department of Labor and the NYS Division of Human Rights. These training requirements shall become a part of official policy duly integrated into Town personnel policies (see item 3, above). 5. The Town Clerk and each Department Manager shall ensure that a copy of this policy and the complaint form is provided to each employee and officer of the town, including seasonal and temporary workers, and that this policy is posted on the Town’s official sign board for notices. 6. This policy and its rules and requirements shall take effect immediately. 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 October 3, 2018. LANSING ROD AND GUN CLUB UPDATE: • Stop Work Order has been issued due to more than one acre of land disturbance • Storm Water Prevention Plan (SWPP) has been submitted • SWPP is being reviewed by the Town Engineer’s Office • Nothing will happen until the SWPP is reviewed and sent back to the Town • SWPP is the first step in process • The Town is communicating with the EPA • May be zoning issue LANSING STATION ROAD WATER EXTENSION DISCUSSION: • 49 out of 50 homeowners in favor of new water district October 3, 2018 5 • Eliminates lake source water o Toxic Algal Blooms are a big concern • Cost for this district is higher due to the railroad o The residents want the water and are willing to pay to get it • Railroad will not authorize anything until Map, Plan and Report (MPR) is done • Town Board needs to authorize MPR to be done CWDX4 (DRAKE ROAD) UPDATE: • The first 4,000 feet have been completed and homeowners can hook-up • Health Department Permit has been issued • Hoping to have main line connected next week CWDX3 (BOWER, BUCK, CONLON and WILSON ROADS) UPDATE: • Vote passed 71-61 • Filed with the Tompkins County Board of Elections and the County Clerk • Three ballots were not counted due to being filled out improperly (two in favor, one against) • Two-Thirds turn out for the vote • Needs to go through Comptroller approval BUDGET DISCUSSION: • Move forward towards a Zero Base Budget (ZBB), which does not use fund balances • Raise tax rate by five cents (5¢); to one dollar and fifty four cents ($1.54) • $20,000 in reserve fund for new handicap accessible front doors • Research how much it would cost to make the bathroom doors handicap accessible • Increase Town Board Contractual to $3,600 • Research installing camera’s in Board Room to live stream meetings • Add $30,000 to Contingency Account B1990.400 for additional help in the zone/planning office Supervisor, Edward LaVigne, noted there is a goal to get a generator wired in the Town Hall in case of extended power outages or emergencies. MOTION TO MOVE TENTATIVE BUDGET TO PRELIMINARY BUDGET Councilperson Joseph Wetmore, moved TO MOVE TENTATIVE BUDGET TO PRELIMINARY BUDGET. Supervisor Edward LaVigne, seconded the motion. Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:31 p.m. Minutes taken and executed by the Deputy Town Clerk. Respectfully submitted, Laura Nemecek Deputy Town Clerk