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HomeMy WebLinkAbout1987-04-08April 8, 1987 The Lansing Town Board met in an adjourned meeting at the Lansing Town Hall on April 8, 1987 at 7:45 P.M. to hold a Public Hearing on Proposed Local Law # 2 and to discuss and act on any other business that may come before said board. ROLL CALL Herbert Howell Supervisor Present Louis Emmick Councilman Present Bert Hilliard Councilman Present Jeannine Kirby Councilwoman Present Robert Williamson Town Attorney Absent Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Visitors: Bookkeeper, Sharon Bowman, Gary Wood, Robert Kemple, Louis Mikula, Mr. and Mrs. Donald Carroll, Peter George, Highway Superi_ntendent.; Howdrd-Groat Engineer, Thomas Miller, Mrs. Ann Colt, Helen Howell, Linda Hirvonen, Mr. and Mrs. Richard Shulman, Mr. and Mrs. Kenneth Leiberman, David Norman, Mr. John Kaminski and approximately five other residents. The Supervisor called the meeting to order having the Deputy Town Clerk take Roll Call. Proof of notice having been furnished by the Town Clerk, the Public Hearing on proposed Local Law # 2, pursuant to Article 12 -A of the Town Law, was called to order at 7:45 P.M. RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that the Lansing Town Board hereby repeals Ordinance # 17 of 1975 entitled " Amendment To Land Use Ordinance - Flood Plain" adopted on the 4th day of June 1973. Ordinance # 24 of 1977 entitled "Amendment of the Land Use Ordinance" adopted on the 4th day of June, 1973 and Amendment To Land Use Ordinance - Flood Plain adopted June 10, 1975. BE IT FURTHER RESOLVED, that the Town Board repeals Local Law #1 of 1985 entitled "Flood Damage Prevention Local Law # 1 of the year 1985." BE IT FURTHER RESOLVED, that this board duly adopts Local Law # 2 of the year 1987 which repeals Local Law # 1 of 1985 entitled "Flood Damage Prevention Local Law # 1 ." Copy of same attached hereto and made a part thereof. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . (Aye) Herbert Howell, Supervisor Said Public Hearing adjourned at 7:50 P.M. at the call of the Supervisor The Lansing Town Board met in an adjourned Meeting at the Lansing Town Hall on April 8, 1987 at 7:55 P.M. to hold a Public Hearing on proposed LQ.eal Law # 1 and to act on any other business that may come before said board. The" Supervisor _:calle&'•the meeting to order having the Deputy Town Clerk take Roll Call. Proof of notice having been furnished by the Town Clerk, the Public Hearing was called to order at 7 :55 P.M. RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Ms. Kirby: RESOLVED, that the Town Board of the Town of Lansing hereby adopts Local Law # 1 of 1987 entitled " A Local Law for Flood Damage Prevention" as authorized by the New York State Constitution Article IX, Section 2 and the Environmental Conservation Law Article XXXVI. Copy of same attached hereto and made a part thereof. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor Said Public Hearing adjourned at 7:59 P.M. at the call of the Supervisor. I /)& 16 L- 6 (continued) 2U PLEASE. TAKE NO)TI:CE that. the Town Board of they Tow.n..of Lagyq Tompk )Jns ,cciurity, New, Yk will hold ortiPPk$Ii.: Heaitng�� d on April 8, 1987 ^af 7:45 PJ. . at the Lansing Town , Hall Board Room to repeal the following: Ordinance N 17 of 1975 entitled "Amendment To Land Use Ordinance - Flood Plain" adopted on the 4th day of June, 1973. Ordinance p 24 of 1977 entitled "Amendment of the Land jUse Ordinance" adopted on the . 4th day of June, 1973 and Amendment To Land Use Ordinance - Flood Plain adopted June 10, 1975. Local Low N 1 of 1985 entitled "Flood Damage Prevention Local Low #1 of the year 1985. By Order of the Town'Boord Bonito Boles Town Clerk March 27, 1987 INOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the I Town Board of the Town of Lonsin Tompkins County, New �ork will hold a Public Hearing on Local Law p 1 for 1987 at the Lansing Town Hall I Board Room on April 8, 1987 at 7:55 P.M. Said Local Law p1 entitled "A Local Law for,I Flood Damage Prevention" as authorized by' the New York State Constitution Artide IX, I Section 2 and the Environmen. tol Conservation LQw Article ` XXXVI. { By Order of the Town Board ; Bonita Boles Town Clerk March 27, 1987 — The Regular Town Board meeting was called to order at 8:00 P.M. with Supervisor Howell presiding. The Supervisor had the Deputy Town Clerk take Roll Call, Mr. Louis Mikula approached the board concerning a parcel of land owned by the Town. Mr. Mikula would like to purchase this parcel as it adjoins his land. He is interested in building a garage. Robert Kemple stated that this parcel appeared to be in the flood hazard area. He also stated that Mr. Mikula would have to obtain a varience from the Planning Board. Hr. Howell tabled this and asked Mr. Mikula to investigate, the possibilites of building on this land. The Town Board will also look at this parcel of land on Sunday morning before they make a decision. Mr. Peter George presented the board with his proposal to lease a small portion of land located -in. the Myers Park., -. Mr. George would like to build a resturant /grocery store on this land. He asked the Town Board for their opinion. After some discussion the board did not think this was a good idea as it would go against Town regulations. Helen Howell spoke on the Land Fill sites in Lansing. She stated that there are two proposed sties in Lansing and that tests are being made in Tompkins County. After some discussion the following Resolution was made. RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that the Lansing Town Board does not want to see the landfill in the Town of Lansing. Carried, Deputy Town Clerk, Debbie Crandall read a letter from Donald Carroll asking the Town Board to waive the restriction of thirty (30) cars per day allowed to go in and out of the old Town Barn Garage. Mr. Carroll then commented on the letter. It was stated that we cannot legally do this. RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mr. of Hilliard: Board . . . . (Aye) Mr. Howell Supervisor RESOLVED, that the Town Board hereby denies Mr. Carroll's request to increase the number of cars that will be allowed to go in and out of this parcel of land. Vote of Town Board . . . . (Aye) Mr. Emmick Councilman Vote of Town Board . . . . (Aye) Mr. Hilliard Councilman Vote of Town Board . . . . (Obstained) Mrs. Kirby Councilwoman Vote of Town Board . . . . (Aye) Mr. Howell Supervisor Mr. Richard Shulman came before the board to petition them to form a water district on land owned by himself, his wife and.Mr. and Mrs. Ken Lieberman. This land is located on East Shore Drive. Mr. Shulman's Engineer showed the board his drawings and gave a report. After much dicsussion the following Resolution was offered. RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr.Hilliard6 RESOLVED, that the Town Board hereby approves the formation of said Water District subject to Engineer Tom Miller's approval and subject to an agreement with the Village of Lansing. Carried. Superviosr Howell presented his monthly report. . f rt- I (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. QQM1jK Lansing Townof ............ ............................... ..................... ............................... LocalLaw No. ........................ ............................... of the yeas 19 j 7...... Alocal law .......................FLOOD DAMAGE PREVENTION................................................................... ............................... (bmmt tide) Be it enacted by the ... ........................... TOWN BOARD of the (Name d t aietatve Body) X TMltXof ............ Lansing ................................. ............................... own ............................ VUNWW A Local Law for the Repeal of Local Law # 1 1985, entitled Flood Damage Prevention ..... as follows, Be it enacted by the Town Board of the Town of Lansing, Tompkins County, New York as follows: Section 1: Local Law # 1 for the year 1985 entitled Flood Damage Prevention is hereby repealed. Section 2: This Local Law shall take effect immediately. If additional space is needed, please attach sheets of the same size as this and number Page 1 1 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local law No.......?..........of 19.87.. of the t�X>)< of.......Lans.ing ............. was duly passed by the ........Town Board...of...the ..Tom „Q1 ... I,aneaipg Town (Name of Legislative Body) on ....... April 8 .....19.87.. in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,' or repassage after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No.. ................ * "Of 190.101.16 County of the City Town Village of....... ............................... was duly passed by the ................................................... ............................... (Name of Legislative Body) on............................. .....................19........ not disapproved and was approved by the ........•..........., ... ............................... repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ................................... .....................19........ , in accordance with the applicable provisions of law, 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19.11.000008 County of the Town Village of....... ............................... was duly passed by the ....................................................... ................•............., (Name of Legislative Body) on.............................. .....................19........ not disapproved and was approved by the.. . . . . . . . . repassed after disapproval Elective Chief 1xecutive Officer on ................................................. .....................19........ Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ................................. .................:...19........ , in accordance with the applie annual cable provisions of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.000.11010 County of the City Town Village of....... ............................... was duly passed by the.. ..... ........................ .................... ......................•......on (Name of Legislative Body) .....0.1.0...0..... ..0.0.0.......0 ................ 19........ not disapproved and was approved by the ............................ .............................on repassed after disapproval Elective Chief Executive Officer •.•.••••••••..••.•.•••...•...• ............ ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ............... I ...................... ... 19........, in accordance with the applicable provisions of law. •Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, wbere such officer Is vested with power to approve or veto local laws or ordvwnees. Page 2 r • ti y 1 Y�� 5. (Cite local law concerning Charter revision proposed by petition.) hereby certify- that the local la%v annexed hereto, designated as local law No. .111.0100.1111.11111 of 191.90066. of the City of .................. ............................... ......................... having been submitted to referendum pursuant to the provisions of § 37 of the municipal Ilome Rule Law, and liay.ing received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held on .•. • .............................. ................19 ............ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No....... of 194P..... of the County of State of New York, having been submitted to the Electors at the ......... ............................... General Election of November .......... 1 19 ..... ....., pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) W l further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ..........1 ................ above. Date: April 8, 1987 (Seal) I. 1 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...............Tompkins ............................ 1, the undersigned, hereby certify that the foregoing local law contains he correct text and that all proper proceedings have been had or taken for the enactment of the local lawf annexed hereto. Date: April 8, 1987 .......iown,ticcorney ntte EM . . . . . . . . . . . . . . . . . . . . 0 "IV of ..............Lansing Town :............. ]( r 1 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. COW of Town ................... LANSING ....... ............................... YM W- Local Law No. 1 ............. of the year 19 _.8?..... .............. ............................... A local law ...........FLOOD DAMAGE PREVENTION .. . ... ...0 ... .................... ............................................... ......,........................ as authorized by New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36. Beit enacted by the .......... ...........................TOWN BOARD ..... ,...........»............... ............................... of the hrOMO d 1A6101ativs B64Y1 x 1QIR�C of LaNs INS ..... as followed: Town................................. ............................... ............<...... ............................,.. NOW SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Lansing finds that the potential and /or actual damages from flood and erosion may be a problem to the residents of the Town of Lansing and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publically and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set fourth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; (4) control filling, grading, degrading and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and (6) qualify and maintain participation in the National Flood Insurance Program. If additional ace is n lease attach sheets of the same size as this and number 0 Page 1 193 OBJECTIVES The objectivies of this local law are. (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions, (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development.of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have on common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow flooding" means a designated AO or VO Zone on a community's Flood J insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where a path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, A0, Al -99, V..VO, VE, or V1 -30. It is also commonly referred to as the base floodplain or 100 -year floodplain. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Building" means any structure built for support, shelter, or enclosure for occupancy or storage. "Cellar" - has the same meaning as "Basement ". "Coastal high hazard area" means the area subject to high velocity waters including, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1 -30, VE, V0, orV. "Development" means any man -made change to improve or unimprove real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. "Elevated building" means a non - basement building built to have the lowest floor (2) elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls. "Flood or "Flooding" means a general and temporary condition of partial or complete inundation or normally dry land areas from. (1) the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Boundary and Floodway Map (FBFM)" means an official map of the Community published by the Federal Emergency Management Agency as part of a riverine Community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation data is provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood. "Flood proofing" means any combinatin of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate of improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway ". "Floor" means the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. "Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking of port facility necessary for the loading and unloading or cargo or passengers, shipbuilding, and ship repair. The term does not include long -term storage, manufacture, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Lowest Floor" means lowest level including basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement or cellar is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chasis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a connunity's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home ". "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing elevations within the flood plain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. (3) "Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. "100 -year Flood" - has the same meaning as "Base Flood." "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the other agencies as provided in Section 4.3 -2 of this Law. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. `Start of construction" means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and /or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and /or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. "Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, excluding land values, either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of Town of Lansing 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD (1) The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM), of Flood Insurance Rate Map (FIRM) No. 360852 dated 10/15/85 is hereby adopted and declared to be a part of this Local Law. The FHBM or FIRM is on file at the Lansing Town Clerk's Office (4) 3�3 INTERPRETATION, CONFLICT WITH OTHER LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986 and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON- COMPLIANCE No structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations. Any infraction of the provisions of this Local Law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this Local Law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Lansing from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this Local Law for which the developer and /or owner has not applied for and received an approved variance under Section 6.0 will be declared noncompliant and notification sent to the Federal Emergency. Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger Floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be. free from flooding of flood damages. This local law shall not create liability on the part of the Town of Lansing, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 491 DESIGNATION OF THE LOCAL ADMINISTRATOR The Code Enforcement Officer is herby appointed Local Administrator to administer and implement this local law by granting or denying development permit applications in accordance with its provision. 4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. (5) 1 4�2 -1 4.2 -2 4.3 APPLICATION STAGE. The following information is required where applicable: (a) Elevation in relation to mean sea level of the proposed lowest floor (including.basement or cellar) of all structures; (b) Elevation in relation to mean sea level to which any non- residential structure will be flood - proofed; (c) When required, a certificate from a licensed professional engineer or architect that the utility floodprodfing will meet the criteria in Section 5.1 -3(1); (d) Certificate from a licensed professional engineer or architect that the non - residential flood - proofed structure will meet the flood - proofing criteria in Section 5.2 -2; and (e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. CONSTRUCTION STAGE. Upon placement of the lowest floor, or flood - proofing by whatever means, it shall be the duty of the permit holder to submit to the Local Administrator a,certificate of the as -built elevation of the lowest floor, or flood - proofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When flood - proofing is utilized for a particular building, the flood proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certificate shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop -work order for the project unless immediately corrected. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to: 4.3 -1 PERMIT APPLICATION REVIEW (1) Review all development permit applications to determine that the requirements of this local law have been satisfied. (2) Review all development permit applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this local law, "adversely affects" means physical damage'to adjacent properties. A hydraulic engineering study may be required of the applicant for this purpose. (i) If there is no adverse effect, then the permit shall-be granted consistent with the provisions of this local law. (ii) If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (4) Review all development permits for compliance with the provisions of Section 5.1 -5, Encroachments. (6) 4.3 -2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 5.1 -4 (4) in order to administer Section 5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS. 4.3 -3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar. (2), For all new or substantially improved floodproofed structures. (i) obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed; and (ii) maintain the floodproofing certifications required in Sections 5.1 and 5.2 (3) Maintain for public inspection all records pertaining to the provisions of this local law including variances, when granted, and Certificates of Compliance. 4.3 -4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region I1, 26 Federal Plaza, New York, NY 10278. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3 -5 INTERPRETATION OF FHBM, FIRM OR FMFM BOUNDARIES The Local Administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actural field conditions. Base flood elevation data established pursuant to Section 3.2 and /or Section 4.3 --2, when available, shall be used to accurately delineate the area of special flood hazards. The Local. Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available. 4.3 -6 STOP WORK ORDERS (1) All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop work order by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. (2) All floodplain development found noncompliant with the provisions of this law and /or the conditions of the approved permit shall be subject to the issuance of a stop work order by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law, (7) 4.3 -7 INSPECTIONS The Local Administrator and /or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of this Local Law, 4.3 -8 CERTIFICATE OF COMPLIANCE (1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the'Local Administrator stating that the building or land conforms to the requirements of either the Development Permit or the approved variance. (2) All other development occurring within area of special flood hazard will have upon completion a Certificate of Compliance issued by the Local Administrator. All certificates shall be based upon the inspections conducted subject to Section 4.3 -7 and /or any certified elevations, hydraulic information, flood - proofing, anchoring requirements or encoachment analysis which may have been requires as a condition of the approved permit. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1 -1 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the- top or frame ties to ground anchors. This requirements for resisting wind forces. 5.1 -2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1 -3 UTILITIES (1) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be disigned and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required. (2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (3) New and replacement sanitary sewage systems shall be designed to Minimize or eliminate infiltration of flood waters. (4) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (8) 5.1 -4 SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage. (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and con- structed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (4) Base flood elevation data shall be proveded for subdivision proposals and other proposed developments (including proposals for manufactured Imiau poirkit :roil i- mbdfvh;1()nri) grvntcr than ulthor 50 lots or 5 acres. 5.1 -5 ENCROACHMENTS (1) All proposed development in riverine situation where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood carrying capacity of the area of special flood hazards set forth in section 4.3 -1(3), Permit Review. This may require the submission of additional technical data to assist in the determination. (2) In all areas of special flood hazard in which base flood elevationi data is available pursuant to Section 4.3 -2 or Section 5.1 -4(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (3) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4.3 -2, the requirements of Section 5.3 FLOODWAYS, shall apply. 592 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2(1) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD and Section 4.3 -2, USE OF OTHER BASE FLOOD DATA, the following st.nndards :are required: 5.2 -1 RESIDENTIAL CONSTRUCTION New construction and substantial improvements of any resident structure shall. (1) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation. (2) Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings having a total net area.of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (9) 1 5.2 -2 5.2 -3 NONRESIDENTAL CONSTRUCTION New construction and substantial improvements of any commercial, industrial or other non - residential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed to the base flood level. (1) If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of en- closed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (2) If the structure is to be floodproofed: (i) a licensed professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and (ii). a licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed. The Local Administrator shall maintain on record a copy of all such certificates noted in this section. CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS WITHOUT BASE FLOOD ELEVATIONS (1) New construction or substantial improvements of structures including manufactured homes shall have the lowest floor (including basement) elevated at least 2 feet above the highest adjacent grade next to the proposed foundation of the structure. (2) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (10) (14 1.) openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. 5.3 FLOODWAYS Located within areas of special flood hazard are areas designated as floodways (see definition, Section 2.0). The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particluar site as provided by Section 4.3 -2, all encroachments including fill, new construction, substantial improvements, and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachnments shall not result in any increase in flood levels during the occurrence of the base flood discharge. SECTION 6.0 VARIANCE PROCEDURE 6.1 Af PEALS BOARD (1) The Board of Appeals as established by Section 1800 of Town Land Use Ordinance shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and. (i) the danger that materials may be swept onto other lands to the injury of others, (ii) the danger to life and property due to flooding or erosion damage; the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the in- dividual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations.during periods of flooding; (xi) The expected heights, velocity, duration, rate of rise, (11) and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing item (i -xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one -half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this local law. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: <:. (i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification: (i) a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given (12) 1 written notice that the cost of flood insurance will be commensurate with the increased risk. Be it enacted this 8th day of April 1987 by the Town Board of Town of Lansing of Tompkins County, New York, to be effective April 8, 1987. Vote of Town Board Louis Emmick, Councilman voting Aye Bert Hilliard, Councilman voting Aye Jeannine Kirby, Councilwoman voting Aye Herbert Howell, Supervisor voting Aye ATTEST.Ij�j'%/ L)�t CLERK SEAL (13) 61 1 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the (natter therein which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local law No.......1.......',,of 19.87.. of the of...... LANSING , was duly passed b the Lansing „Town „BQAr.d, Town Y P Y .... (Name of Legistative Body) Mlie on ......... Apx ....8 ......................19,•....., in accordance with the applicable provisions of law, 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer, or repassago after disapproval.) 1 hereby certify that the local law annexed hereto, designated as local law No. ....................of 19...,.... County of the City Town Village of....... ............................... was duly passed by the ..................................... ..........0.................... (Name of Legislative Body) on......................... .........................19.... not disapproved and was approved by the ........................ .....................0......... repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ................................... .....................19........ , in accordance with the applicable provisions of law, 3. ..(Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.11.00914, County of the City Town Village of ....... ............................... was duly passed by the. ........ * . . 0 ........ f .............. (Name of Legislative Body) on.............................. ..............:......19........ not disapproved and was approved by the ................................ ............................... repassed after disapproval Elective Chief executive Officer on ..............................._................ .....................19........ Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ................................. .................'...19........ , in accordance with the appli- annual cable provisions of law, 4. (Subject to referendum,) permissive referendum,and final adoption because no valid petition filed requesting hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.11419..10 County of the City Town Village of..................... .. .......... I.... was duly passed by the.. ................. .......... ............. . .................. ...................on (Name of Legislative Body) ...................... ........................0...... 19........ not disapproved and was approved by the ............................ .............................on repassed after disapproval Elective Chief Executive Officer +► .......................................... ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ....................... .....4..000.................... 19........, in accordance with the applicable provisions of law, *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countyswide basic or, if there be none, the chairman of the county legislative body, the mayor of a city or vllla$e or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordkuux ea, i L 1 5. (City local law concerning Charter reN ision proposed by petition.) I fiereb}-certify- that the local I a w annexed lie reto, designated as local law No. .................... of 19........ of the City of ....... .............. ................................ ..................... having been submitted to referendum pursuant to the provisions of § 37 of tiro ?Municipal IIt_,nre Mule Law, and !saving received the affirmative vote of 'a majority of the qualified electors of such city noting thereon at the special election held on .................'... general ....... I...... 19 ............ became operative. 6, (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as Local Law No....... of 19...... of the County of .......... ............................... State of New York, having been submitted to the Electors at the General Election of November ..... I ... ., 19 .........., pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (if any other authorized form of final adoption has been followed, please provide an appropriate certification.) W I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............1 .............. above. Date: April 8, 1987 ,.(Seal) - (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .......... .....Tompkins .............. 1. the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto, Date: April. 8, 1987 Page 3 Signature ........ Town At tQrnQx .................. Title we' M Townof .................. Lansing ............................. YWRgal n J, AV ._ Continued April 8, 1987 Mr. Howell brought up the problem of parking on Milliken Road. RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Town of Lansing request the Tompkins County Highway Department to place "No Parking on Highway" signs on the north side of Milliken Road from the railroad intersection east to the entrance of Milliken Station, Carried. Discussion was held concerning the insurance for Lansing Days to be held on June 13, 1987. It was stated that there were to be No rides held at this event this year. • RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Town of Lansing will sponsor Lansing Days on June 13, 1987. Carried, Mr. Howell stated that he received a letter from Mr. Larsen of Cedar View Golf Course notifing the board that he intends to renew his summer beer license # 59 -SB150 RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that Highway Superintendent, Howard Groat is hereby authorized to apply for a portion of a Grant from the Tompkins County Planning Boards for reimbursement for stream control. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman underground with no aesthetic impact, Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor Mr. Groat informed the Town Board Oa -t.the Lansing Clean -Up days will be held during the last week in April and that Clean -Up day for the Village of Lansing will be held on May 1, 19870 Mr. Emmick would like the Town of Lansing to do a survey through the Lansing Newsletter to see how many people would be interested in Tomtran; commuting through out the Lansing area. Mr. Howell stated he would like our representative, Mr. Robert Caliel to be consulted on this matter. Engineer, Thomas Miller gave a report on the Water Districts. Mr. Miller would like the bids on the Ludlowville District to go out in the latter part of May. He also stated that he was waiting for the contract approval on the Girls School. After some discussion it was felt that the policy with Bolton Point needs some clarification. . RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: WHEREAS, the formation of Water District # 10 has been proposed, and WHEREAS, a resolution has been adopted approving the formation of said District, now therefore be it RESOLVED, that this board hereby determines that the formation of this District is an unlisted action under the Rules and Regulations of the New York State Environmental Review Act, and be it further, RESOLVED, that this board determines that this action that the formation of the District will not result in any significant.: adverse environmental impact since the formation of said district will benifit persons in the District by providing public water and the facilities providing same will be underground with no aesthetic impact, i RESOLVED, form environmental further that the statement Supervisor is authorized to execute indicating the Town's approval of said the short review as r Lead Agency. Vote of Vote of Vote of Vote of Town Board . Town Board . Town Board . Town Board . (Aye) Mr. Emmick, Councilman (Aye) Mr. Hilliard, Councilman (Aye) Mrs. Kirby, Councilwoman (Aye) Mr. Howell, Supervisor RESOLUTION, offered by Mr. Hilliard, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Town Board of the Town of Lansing will take the roles of "Lead Agency" in determining whether an Environmental Impact Statement is required in connection with the Water System Improvements to Lansing Water District # 2, and based on the information and analysis contained in a SEQR Continued April 8, 1987 Short Environmental Assessment Form, it is determined that the proposed project WILL NOT result in any significant adverse Environmental Impact and therefore not require an Environmental Impact Statement and be it further RESOLVED, that the Supervisor be authorized to sign the SEQR Short Environmental Assessment Form. Town Board . Vote of Vote of Vote of Vote of Town Board Town Board Town Board Town Board . . . . (Aye) . . . . (Aye) . . . . (Aye) . . . . (Aye) Louis Emmick, Councilman Bert Hilliard, Jeannine Kirby, Herbert Howell, Councilman Councilwoman Supervisor RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, on recommendation of the Town Highway S'uperiTit:dndent ?'Howard Groat, that the Town Board authorizes the Town Supervisor to sign an easement with the New York State Electric and Gas Corporation concerning Town Barn Road, bounded westerly by State Route # 34 and southerly by State Route # 34B. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor Bids were publicly opened aft.,,.the Lansing Town-Hall on April 8, 1987 for the sale of one 1968 Case Tractor with 3 point hitch as advertised. Bids ree;eived as follows: - - - NOTICE TO BIDDERS Barry James Rollins 2068 Mecklenburg Road Ithaca, New York 14850 John C. Card 152 Ludlowville Road Lansing, New York 14882 Reeves Brothers RESOLUTION, offered by Mr. Emmick, Mrs. Kirby: 00 Up for sale to the highest bid- $ 745. der: One 1968 Case Tractor with 3 point hitch as is: May be inspected at the Town of Lansing Highway Garage, ,Monday through Friday from 6:00 a. m. to 2:30 p.m. $ 1 126.00 I Said bids will be opened at the regular meeting of the Lansing Town Board, Lansing Town Hall, on April 8, 1987. The right to reject all bids is expressly reserved. Howard L. Groat $ 510.00 Highway Superintendent Town of Lansing March 24, 1987 who moved its adoption, seconded by RESOLVED, that the Town Board of the Town of Lansing hereby accepts the bid of $ 1,126.00 from John Card for the sale of one 1968 Case Tractor with 3 point hitch as is. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the Town of Lansing Highway Department will no longer sell any gravel from the Myers gravel bank. Carried. A copy of the minutes of March 11, 1987 having been furnished to Members of the Town Board beforehand, the Supervisor asked for a motion to propose corrections or to accept same as submitted. RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the minutes as submitted by the clerk be approved. RESOLVED, that Water District # 2 bills be and the same are hereby approved for payment. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor The 1987 Lansing Town Park policy was discussed and agreed upon as submitted. i. I� Carried RESOLUTION, by Mr. Emmick: offered by Mr. Hilliard who moved its adoption, seconded RESOLVED, $ 28,308.06 and be and the same that GeneralFund Bills #136-through Highway Fund Bills 4104 are hereby approved for # 1- 87.:.. totaling through 4150` totaling $ 45,993.80 payment, ana be it further RESOLVED, that Water District # 2 bills be and the same are hereby approved for payment. Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman Vote of Town Board . . . . (Aye) Herbert Howell, Supervisor The 1987 Lansing Town Park policy was discussed and agreed upon as submitted. i. I� C J • Continued, April 8, 1987 .4 � After much discussion on the Personnel Policies the board decided to table this until the next meeting, at which time the Supervisor will have copies of other Town's policies. Mr. Stevens Howell asked who resigned for nominations as Councilman to to fill the vacancy of George the Lansing Town Board effective March 31, fill Mr. 1987. The Stevens unexpired following nominations term ending and votes were taken to December 31, 19870 Mr. Hilliard nominated Louis Bush. The vote was as follows: Mr. Emmick Councilman Nay Mr. Hilliard Councilman Aye Mrs. Kirby Councilwoman Obstained Mr. Howell Supervisor Aye Mr. Emmick nominated Jack Ettinger. The vote was as follows: Mr. Emmick Councilman Aye Mr. Hilliard Councilman Nay Mrs. Kirby Councilwoman Obstained Mr. Howell Supervisor Nay Mrs. Kirby nominated Matthew Shulman. The vote was as follows: , Mr. Emmick Councilman Nay Mr. Hilliard Councilman Nay Mrs. Kirby Councilwoman Aye Mr. Howell Supervisor Nay Mr. Louis Bush was appointed to fill George Stevens unexpired term beginning May 1, 19870 On motion, meeting adjourned at the call of the Supervisor May 1, 1987 The Lansing Town Board met in an adjourned meeting at the Lansing Town Hall on May 1, 1987 at 5:00 P.M. to discuss the referendum vote for Proposed Lansing Water District # 9 and to discuss and act on any other business that may come before said board. Herbert Howell Louis Emmick Bert Hilliard Louis Bush Robert Williamson Bonita Boles ROLL CALL Supervisor Present Councilman Absent Councilman Absent Councilman Present Town Attorney Present Town Clerk Present Visitors: Deputy Town Clerk, Debbie Crandall. The Supervisor called the meeting to order having the clerk take the Roll Call. Mr. Williamson stated that he forgot to advertise the 'date, time and place of the referendum, therefore we will have to amend the Resolution and set a new time, date and place. After some discussion it was decided that the vote will take place on May 16, 1987 from 12:00 Noon til 8:00 P.M. and will be held at the Lansing Community Center. RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Bush: the RESOLVED, that the Special Election for Resolution establishing the Date and Time for the submission of the proposition approving the action of the Town Board in establishing Lansing Water District # 9 be amended to direct that the Special Election be held on the 16th day of May, 1987 between the hours of 12:00 noon til 8 :00 p.m. for the purpose of voting on the following proposition: Shall the Resolution of the Town Board establishing Lansing Water District Number 9 in the Town of Lansing be approved? The polling place of such election will be held at the Lansing Community Center, Lansing, New York. BE IT FURTHER RESOLVED, that the Town Clerk shall post and publish notice of the election ten (10) days prior thereto. BE IT FURTHER RESOLVED, that the following resident tax payers shall act as Election Inspectors and ballot clerks: