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HomeMy WebLinkAbout2018-09-05 work session September 5, 2018 1 TOWN BOARD WORK SESSION MEETING VILLAGE OF LANSING OFFICE 2405 N. TRIPHAMMER RD., LANSING, NY September 5, 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 6:32 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: Katrina Binkewicz, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor Absent: Andra Benson, Councilperson Also Present: Guy Krogh, Town Counsel, Lynn Day, Code Enforcement Officer, Dan Veaner, Lansing Star, Ted Laux, Mike Koplinka-Loehr, Steven Smith, Lila Stone, Andy Sciarabba, Lisa Ruzicka, Tim Farrell, John Burger, Brenda and John Zavaski, Mike and Carolyn Richards, Suzanne Hinderliter, Tom Butler, Stephanie Behler, Larry Beck, Ben Finio, Melanie Malone, Gay Nicholson, and a few other attendees. PRIVILEGE OF THE FLOOR Several residents voiced their concerns regarding the Lansing Rod and Gun Club. Their concerns are the health and safety of Lansing Residents, the Gun Club using lead shot, shooting into the wetlands, runoff of lead into Salmon Creek, Ludlowville Falls, and Myers Park. Some residents asked the Town to issue a Stop Work Order, and that the Town write letters to the United States Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC) requesting soil, water and air testing and to enforce the existing consent order. One resident noted their family moved to the area this summer and part of the attraction to Lansing was Ludlowville Falls and Myers Park and they are worried about the lead contaminating the swimming areas. Two residents stated that Senator Pam Helming and Assemblywoman Barbara Lifton would like to help with this, but needs the support of the Town before they can do anything. One resident spoke about their concern with changing the current zoning at the corner of Myers Road and Route 34B. They are concerned about the safety of the children crossing the road for school. LANSING ROD AND GUN CLUB DISCUSSION Supervisor, Edward LaVigne, noted this is a continuing investigation and process. He stated, due to the ongoing investigation the Town Board is not responding to emails on this subject at this time. Code Enforcement Officer, Lynn Day reported the following on the Lansing Rod and Gun Club: ▪ Active investigation ▪ Previously submitted site plan application was withdrawn ▪ Started logging about two weeks ago ▪ This past weekend the Gun Club had a work session to cut down and remove trees, a DEC officer was invited to attend ▪ Gun Club invited Lynn to walk the site to see what they’re doing ▪ Excavators are there to pick up brush and remove tree tops ▪ There has been no excavating, stump removal, trenching, etc. ▪ Visiting site again tomorrow to take a more detailed look at the back site September 5, 2018 2 ▪ Back finding is an important part of any investigation before any action can be taken ▪ If Gun Club is removing trees on more than one (1) acre they will need to do a basic Storm Water Pollution Prevention Program (SWPPP) Supervisor, Edward LaVigne, noted the investigation is conducted by the Code Officer and if the threshold over one (1) acre is triggered action is taken but has to be justified. He added, there are action plans in place and when a situation arises the Town will act in a methodical, calm, and legal way. Councilperson, Joseph Wetmore, and Councilperson, Katrina Binkewicz, stated they would like to see lead testing done upstream and downstream of the Gun Club. Town Counsel, Guy Krogh, noted the Consent Order that was issued to the Gun Club is a Federal Consent Order not a Town Consent Order. He stated, the Town does not have enforcement authority under Resource Conservation and Recovery Act (RCRA) pursuant to a Federal EPA Consent Order. Short Break 7:46-7:58 RESOLUTION APPOINTING PETER LARSON III TO THE TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION 18-125 RESOLUTION APPOINTING PETER LARSON III TO THE TOWN OF LANSING ZONING BOARD OF APPEALS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Zoning Board of Appeals, currently has an opening for a member due to the resignation of Chris Williams; and WHEREAS, the Zoning Board of Appeals, has requested that current Alternate Peter Larson III be appointed as a Member to the Town of Lansing Zoning Board of Appeals, and WHEREAS, Peter Larson III is qualified to be and remain on the Zoning Board of Appeals by virtue of having mandatory NYS training, and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that Peter Larson III is hereby appointed as Member to the Town of Lansing Zoning Board of Appeals effective September 6, 2018, with such appointment to expire December 31, 2022 to serve at the pleasure of this Board. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: 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 September 5, 2018. RESOLUTION APPROVING AND AUTHORIZING COMPTROLLER’S APPLICATION FOR PERMISSION TO FORM CWD EXTENSION #5 September 5, 2018 3 RESOLUTION 18-126 RESOLUTION APPROVING AND AUTHORIZING COMPTROLLER’S APPLICATION FOR PERMISSION TO FORM CWD EXTENSION #5 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS Town Law § 209-e (and related provisions of Town Law Articles 12 and 12-A) contain lists of documents and information required to be submitted to the State Comptroller when the cost of certain districts exceeds certain scheduled annual cost thresholds, and atop all these laws the State Comptroller has regulations repeating and substantially expanding upon the volume and number of documents and information required to be submitted; and WHEREAS, such regulations require that legal counsel make and record certain findings, that the Board adopt and approve the application to the Comptroller by resolution, and such resolution must also have certain recitations, many of which are already contained in the prior resolutions concerning this matter as required by Town Law; and WHEREAS, a legal opinion letter has been submitted and an application prepared and reviewed, and upon and after due deliberation upon this matter, the Town Board of the Town of Lansing has determined as follows, and now be it therefore RESOLVED, that the Comptroller’s Application as submitted to this meeting be and hereby is approved, and such is authorized to be filed as required by law; and it is further RESOLVED and DECLARED, that: (i) such application was prepared at the direction of the Town Board; (ii) the contents of the application are believed to be accurate and correct; (iii) the district extension, and permission to form and construct improvements for the same, is in the public interest and will not constitute an undue burden on the property owners which will bear the cost thereof; (iv) and the cost of the proposed improvements are to be assumed in whole by the benefited area, all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded; all as more particularly set forth in the resolutions and findings of the Town Board approving the public interest order and conditionally approving formation of this special district dated September 5, 2018. 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 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 September 5, 2018. CLEANER DISCUSSION Supervisor, Edward LaVigne, stated all documentation for prevailing wage is complete for the Town to hire a cleaning service and this is temporary until advertising for a permanent cleaning service is done in mid-December. This will be discussed further at the next regular Town Board Meeting. LANSING TOWN CENTER TRAIL POLICY DISCUSSION Councilperson, Joseph Wetmore, recommended adding the following sentence at the end of the first paragraph of the Lansing Town Center Trail Policy “During site-plan review of projects where the Town Trails are near, adjacent or run through the project, the Planning Board and Zoning Board of Appeals should consider Trail setbacks, and that important viewsheds be considered and projected.” September 5, 2018 4 Town Counsel, Guy Krogh, stated the ZBA and Planning Board and in rare events, such as a PDA, the Town Board would look at the appropriate setback to preserve the functions of the Town Center Trail as a recreational trail, as well as a scenic trail and public amenity. Supervisor, Edward LaVigne, stated number two (2), second sentence in the policy should read “Such right-of-way shall be 20’ in width….” MOTION TO APPROVE LANSING TOWN CENTER TRAIL POLICY Councilperson Katrina Binkewicz, moved TO APPROVE THE LANSING TOWN CENTER TRAIL POLICY AS AMENDED. Councilperson Joseph Wetmore, seconded the motion. All in Favor – 4 Opposed – 0 MOTION CONCERNING LANSING ROD AND GUN Councilperson Joseph Wetmore, moved THAT THE TOWN BOARD OF THE TOWN OF LANSING, CONCERNING LANSING ROD AND GUN, HEREBY RESOLVES AS FOLLOWS. 1. The Town Attorney, with the advice and consent of the Town Board and Code Enforcement Officer, shall draft letters to the United States Environmental protection Agency (“EPA”) and the New York State Department of Environmental Conservation (“DEC”) as hereafter follows. 2. The DEC shall be asked to: (i) do air testing in the vicinity of Lansing Rod & Gun (“LRG”); (ii) do soil and water testing in the vicinity of LRG, up- and downstream of the LRG site, and at Ludlowville Falls; and (iii) delineate wetlands in the vicinity of LRG’s site. 3. EPA shall be notified of the Town’s support for the enforcement of the existing consent order, with recognition that the consent order is non-final, perhaps expired and not to be extended, and subject to amendment pursuant to intervening facts and new information as it arises. 4. The Town of Lansing notes that it still awaits applications from LRG regarding land use changes and the review of lawful or unlawful non-conforming uses, and reserves its right to supplement these recommendations as further investigations, facts, and applications are submitted for consideration or review. Councilperson Katrina Binkewicz, seconded the motion. All in Favor – 4 Opposed – 0 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW #4 OF 2018, A LOCAL LAW TO MAKE 2 MINOR AMENDMENTS AND CORRECTIONS TO OFFICIAL TOWN OF LANSING ZONING MAP The following was removed from the Resolution and will be discussed at a later date: A 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 juxtaposition 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. RESOLUTION 18-127 RESOLUTION SCHEDULING PUBLIC HEARING FOR PROPOSED LOCAL LAW #4 OF 2018, A LOCAL LAW TO MAKE 2 MINOR AMENDMENTS AND CORRECTIONS TO OFFICIAL TOWN OF LANSING ZONING MAP The following Resolution was duly presented for consideration by the Town Board: September 5, 2018 5 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 WHEREAS, three of the parcels are on the Town Center block and separated from their parent IR zone, and none are used as anything other than business parcels, such parcels being part of the Town Center as reflected in years of master planning; and WHEREAS, another parcel is along the Triphammer corridor and is also in the Town Center master planning area, and the owner wants to simply extend the B2 zone to consolidate the parcels and extend such zone fully to the highway lines; 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 2 changes (while recommending waiting on others until more comprehensive mapping and zoning reviews are undertaken); and WHEREAS, and 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 September 2018, at 6:35 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. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: 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 September 5, 2018. BUDGET DISCUSSION Supervisor, Edward LaVigne, stated all board members have been given a summation sheet along with a spreadsheet to see where trends are. He noted, a few improvements are in the budget including replacing the front doors. Councilperson, Joseph Wetmore, asked a few questions regarding blank lines in the appropriated funds sections and a few other questions. Supervisor, Edward LaVigne, asked the board members to start an email discussion with any questions they have and then the answers can be shared with everyone. He noted, this can be further discussed at the working meetings. MOTION TO ENTER CLOSED SESSION Supervisor Edward LaVigne, moved to ENTER CLOSED SESSION FOR ADVICE OF COUNSEL AT 8:33 PM. Councilperson Doug Dake, seconded the motion. All in Favor – 4 Opposed – 0 September 5, 2018 6 ADJOURN MEETING Returned to Regular Session and Meeting adjourned at the call of the Supervisor at 9:18 p.m. Minutes taken and executed by the Deputy Town Clerk. Respectfully submitted, Laura Nemecek Deputy Town Clerk