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HomeMy WebLinkAbout1998-01-2116 January 21, 1998 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 P.M. with Supervisor Kirby presiding. Jeannine Kirby Herbert Beckwith Paul Butler Jeffrey Cleveland Larry Tvaroha Bonita Boles Debbie Crandall Rich John ROLL CALL Supervisor Present Councilman Present Councilman Present Councilman Present Councilman Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: George Totman, Pete Larson, Dave Herrick, Barbara Blanchard, Pat Conlon, Matt Shulman, Roger Barnard, John Kaminsky, Finger Lakes Community News Representative, and two students. The Supervisor called the meeting to order and had the clerk take the Roll Call. BARBARA BLANCHARD - TOMPKINS COUNTY AREA DEVELOPMENT Barbara Blanchard addressed the Board concerning the Tompkins County Area Development and talked about the Counties Economic Development Strategy Plan. Ms. Blanchard gave the history of the plan. Ms. Blanchard stated she was the chairperson of the committee. What the County hopes the plan will do is give them the following: Action Agenda Idlentify Who Is Responsible for Them Find Gaps in the System Job Training Duplication of Services More People Working Productively at Jobs in Which They Can Service Move Forward on Welfare Reform Issues They are asking as many people as they can to respond to the surveys. Ms. Blanchard passed out a packet to each Board Member asking them to complete the survey and return them. The packet also contained newsletters and an outline of the goals and objectives of the plan and a schedule. Ms. Blanchard advised the Board of two future discussion meetings with rural, town and village groups: February 19, 1998, Thursday, 7:00 - 8:30 at the Old Jail Conference Room February 24, 1998, Tuesday, 7:00 - 8:30 at the Transit Center Ms. Blanchard asked for a Board Member to attend these meetings. Mr. Beckwith will attend the February 19th meeting and Mrs. Kirby will attend the February 24th meeting. ELECTRIC POWER COMN UTTEE Ms. Blanchard t<<lked to the Board concerning the letter Stu Stein had sent to Supervisor Kirby on this Committee. She stated the Committee was organized a year ago to try to prepare for the deregulated electric world that will hit us in 1999. She stated the County has a partnership with Tioga County Commission and have been working together pooling there efforts and sharing their resources. The County also has hire a consulting firm that is putting together basic information of the Committee. Ms. Blanchard stated that Stu Stein will be in touch with Mrs. Kirby in the future. 1.7 January 21, 1998, continued PETE LARSON - HIGHWAY SUPERINTENDENT Cuddeback Road Mr. Larson shared drawings he received from Al Fulkerson on Cuddeback Road. Mr. Larson discussed the problem on the road and stated he would like to work on resolving it. Mr. Larson will contact the property owners that would be involved with the solution and report back to the Board. Purchasing Pickup Truck Mr. Larson informed the Board that he will be ordering a pickup truck on State Bid. The amount budgeted for 1998 was $16,000.00 and he stated the price will not exceed $14,500.00. Lakeview Development - Tahoe Trail Mr. Larson has found a couple soft spots in the road on Tahoe Trail. Mr. Larson has written a letter to Eric Barden informing him of the soft spots. Mr. Larson stated in the letter he would like to have Mr. Barden have his contractor repair them. Mr. Larson informed the Board that the dates of the warranty run through July 1998. Agreement to Spend Town Highway Funds The Town Board Members signed the following 1998 Agreement to Spend Town Highway Funds as follows: 1998 AGREEMENT TO SPEND TOWN HIGHWAY FUNDS TOWN OF LANSING COUNTY OF TOMPKINS Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected for the repair and improvement of highways, and received from the State for the repair and improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS: The sum of $242,500 may be expended for general repairs upon 90.93 miles of Town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. IMPROVEMENTS: The following sums shall be set aside to be expended for the improvement of Town highways: (a) On the road LANSING STATION RD (from Ludlow Rd to Algerine Rd) a distance of 1.70 miles to be paved with cold mix asphalt, and surface treated with stone/oil there shall be expended not over the sum of $597194 (b) On the road HOLDEN ROAD (from Brown Hill Rd to county line) a distance of 2.50 miles to be paved with cold mix asphalt, and surface treated with stone/oil there shall be expended not over the sum of $86,242 c On the road FRENCH HILL RD a distance of .60 miles to be paved with cold mix asphalt, and surface treated with stone/oil there shall be expended not over the sum of $209698 (d) On the road SALMON CREEK RD (from Ludlowville to Red Bridge) a distance of .40 miles to be paved with cold mix asphalt, and surface treated with stone/oil there shall be expended not over the sum of $137799 (e) On the roads MYERS RD (NORTH) + MYERS HEIGHTS a distance of .70 miles to be paved with cold mix asphalt, and surface treated with stone/oil there shall be expended not over the sum of $24,148 18 January 21, 1998, continued (f) On the road SALMON CREEK RD (from Brooks Hill Rd to Lockerby Hill Rd) a distance of .80 miles to be paved with cold mix asphalt, and surface treated with stone /oil there shall be expended not over the sum of $28,147 (g) On the road FIDDLERS GREEN a distance of .60 miles to be paved with cold mix asphalt, and surface treated with stone /oil there shall be expended not over the sum of $20,698 (h) On the roads PHEASANT WAY & GRANDVIEW DRIVE a distance of .35 miles to be paved with cold mix asphalt, and surface treated with stone /oil there shall be expended not over the sum of $12,074 SUMMARY: (1) GENERAL REPAIRS: $242.500 (2) 7.65 miles IMPROVEMENTS $265,000 Water District #2 - Myers Road Mr. Larson informed the Board that he had discussed the Myers Road waterline replacement work with Mr. Herrick. Mr. Larson stated that the Highway crew could replace the lines. Mr. Larson stated that they were not capable of boring under the road and this would need to be hired out. Mr. Larson stated based on Mr. Herrick's recommendation the pipes would be installed on the north side of the road. Mr. Larson would prefer to start the project in July or August. Water District 17 Mr. Larson informed the Board he was working on a major water leak on Ludlowville Road near the cemetery. The 12" main break at 11:00 AM and was repaired at 2:30 AM. Mr. Larson stated that he will be working on a permanent repair. He will be replacing the 90 degree joint with two 45 degree joints and will be replacing the thrust restraint. The Town Highway crew will do the repairs. Mr. Larson informed the Board that while the work is being done the road will be closed and when they are not working on the road there will be one lane traffic. PAT CONLON Mr. Conlon asked the Board if there has been any action taken on the bicycle path. Mrs. Kirby stated no action had been taken. Mr. Cleveland informed Mr. Conlon that Mrs. Kirby had sent a letter to the grant agency to inquire if the Town could alter the course of the bicycle path and/or location of the recreation trail and still qualify for the grant money. Mr. Barnard referred to his letter he had sent to Board members in regards to the proposed Zoning Ordinance. Mr. Barnard stated that the lot sizes in R3 and RI should be reduced to 125' frontage and reduce the area of the lot from 40 to 30. His reason being is for cost of construction. Mr. Barnard asked the Board to consider his request when reviewing the Ordinance. '1 0 ti UU41 as I' Mr. Kaminsky informed the Board that they were presented with the final Waste Water Facility Plan from T. G. Miller's office at today's Sewer Committee meeting. The Sewer Committee accepted the plan and recommended it to the Town Board. 19 January 21, 1998, continued Mr. Kaminsky asked how the Board stood with Noel Desch and the meeting with Cargill and also the Watchtower agreement. Mrs. Kirby stated that Mr. Desch is willing to meet with Cargill and will contact him to see when he is available. Mr. John is still reviewing the agreement with Watchtower. Mr. Herrick informed the Board that Mr. Thoma discussed with the Sewer Committee, the preference for the writing a grant for the hookups but not for funding the capitol cost of the project. The Committee is now set to hold another Public Information Meeting at the end of February or early March. Mr. Kaminsky will look into holding the meeting at the All Saints Parish meeting room. Mr. Kaminsky informed the Board that there is a women that will video tape the meeting and broadcast it on the Public Access channel for a fee of $75.00. Mr. Kaminsky stated that the Resolution the Town passed establishing the goals of the Sewer Committee will end after they hold the Public Informational Meeting. He asked the Board if they would like the committee to continue. The Sewer Committee members would like to continue through the final engineering plans and bidding process. Mrs. Kirby stated it would be very beneficial to keep the Sewer Committee in order. DAVE HERRICK -,TOWN ENGINEER Mr. Herrick informed the Town Board that a presentation to NYSDEC in Syracuse is scheduled for Tuesday, January 27th at 11:00 AM. Other funding sources and Legislators should be advised of the Wastewater Facilities Plan and be updated with the Towns progress. Mr. Herrick presented the Town Board with their copy of the Wastewater Facilities Plan. Mr. Herrick stated that in the front of the Plan was an Executive Summary. Mr. John will review the Executive Summary before the Public Information Meeting. Mr. Herrick stated that the summary didn't include funding and he would prepare that and give to the Board Members. Matt Shulman asked if the Sewer District Project is subject to permissive referendum. Mr. Herrick stated it would be to people within the district. Water System Work Plan The following list of potential maintenance projects were discussed with Pete Larson. The list includes estimated total costs for a public works type project and a completion schedule. 1. MYERS ROAD MAIN REPLACEMENT PROJECT - The Myers Road main replacement project can be completed by Town forces this year and the materials obtained through bids. If the Town forces were to due the project there would be approximately a 30 to 40% savings off the following: of Mr. Herrick advised the Board that LeRoy Ave is a part of that system, but there are already cast iron pipes and would not be a part of the replacement project. 2. UL.LAGE CIRCLE TANK - The Village Circle Tank should be recoated this year and there may be an alternate coating method for the interior to lower the cost. There are two 20 January 21, 1998, continued other tanks in the area - NYSEG Tank in Dryden (T) and Airport Ground in Lansing (V) - to be recoated this year and there may be some benefit to bidding them on the same day but as separate municipal projects. DESCRIPTION OF WORK ESTIMATED PROJECT COST PROJECT SCHEDULE Village Circle Tank PROJECT Construction = $155,000 Design Phase Jan.-Feb. 1998 Sand blast interior and exterior and recut Technical, Legal. Admin =$ 15.000 Bid Phase March 1998 with expoxy system. Structural modifications COST Proiect Contingency =$ 15,000 Construction Phase July- August 1998 include new frost -proof vent. overflow flan gate TOTAL Village Tank= $201,500 Rolace 1.350 raising roof hand rail. Up rg_ade telemetry if of existing 6" Cl main along GULF CREEK BRIDGE CROSSIN G (NYS RTE 34) Construction = $45,000 Bid Design Phase March -April 1998 Remove failed pipe and hangar system Building with vinyl siding, new door = $ 9,000 and interior plastic paneling_ Bid Construction Phase Jan. -May Phase Mr. Herrick stated there may be an alternate type of coating method for the inside of the tank. When it was inspected two years ago it was found that 98% of the tank was in good condition. There were signs of paint flaking inside and on the roof where the moisture collects. The recommendation of the tank consultant was to blast everything off, inside and out, and start over again. That is the price that is reflected in the above chart. Mr. Cleveland thought that at one time the cost was stated at $70,000 and that there were negotiations with the Village to share in the cost. Mr. Herrick stated lthat if the alternate coating method of spot blasting were done there could be a $50,000 reduction in cost. 3. GULF CREEK BRIDGE - The Gulf Creek Bridge Crossing should be fixed this year. NYSDOT should be `asked' to participate in some manner to help with this effort. The redundancy this main offers was needed earlier this winter when a main break occurred on Burdick Hill Road. DESCRIPTION OF WORK ESTIMATED OF WORK PROJECT COST ESTIMATED SCHEDULE PROJECT McKinnevs COST PROJECT Construction = $220A0 Design Phase Sew -Nov. 1998 SCHEDULE Rolace 1.350 if of existing 6" Cl main along GULF CREEK BRIDGE CROSSIN G (NYS RTE 34) Construction = $45,000 Bid Design Phase March -April 1998 Remove failed pipe and hangar system Technical Legal & Admin = $ 9,000 new 8" Dl. Extend 5001f new Project Contingency Bid Construction Phase Jan. -May Phase May on 1998 beneath bridge and replace with new rdessign Project Contingency = $ 4,500 hydrants Construction Phase_ June_ 1998_ (Project cost does not include Conrail ;fees if AM.) TOTAL Gulf Creek Bridge $58,500 Rich John will contact the NYSDOT in regards to the repair. 4. MCKINNEY MAIN REPLACEMENT PROJECT - The McKinney main replacement project is substantial and involves laying pipe in difficult conditions (NYS Route 34, Conrail and high water gable). There are several garages and homes constructed over the main, however, to date there haven't been severe breaks. Depending on the outcome of the Integrated Water Study a new transmission main may be planned from Bolton Point plant to the City line along Route 34. It might be practical to make new service connections to this main and abandon most or all of the existing pipe. A permanent easement description dated June 14, 1934 was found in the County Clerks office for all of the Town parcels. The map was found in the City Engineers office. This project is of lower priority and does not have to be started this year. DESCRIPTION OF WORK ESTIMATED PROJECT COST PROJECT SCHEDULE McKinnevs Construction = $220A0 Design Phase Sew -Nov. 1998 Rolace 1.350 if of existing 6" Cl main along Technical Legal & Admirl= $ 44.000 Bid Phase Dec. 1998 NYS Rte 34 with new 8" Dl. Extend 5001f new Project Contingency = $22.000 Construction Phase Jan. -May 1998 4" Dl Ripe on west side of railroad, add flushing TOTAL McKinneys = $286.000 hydrants and replace 30+ service connwrions (Project cost does not include Conrail ;fees if AM.) It was the consensus of the Town Board to wait on this project. If the first three projects were authorized the total cost is estimated to be $390,000 and could be lower if the Town Highway ]Department constructs the Myers Road project. According to Sharon Bowman, (bookkeeper) the current O &M account balance is $541,000 of which $52,000 will be applied to bond payments. 21 January 21, 1998, continued Mr. Tvaroha asked Mr. Herrick if he foresees capital expenditures in years to come. Mr. Herrick stated he did not see any other big O &M projects other than the McKinneys project and he does not see anything on the 5 year horizon that will be a big outlay of monies. Mr. Herrick asked the Board how they would like to proceed with these projects. The Board members will review the plans and discuss it further at the next meeting. Water District 17 Extension 5 (LLansiflg.Station Road. The household income survey response as of January 14th is 29% with only 23% low - mod income. Mr. Thoma is drafting a letter of support on behalf of Arcangelis (Lakeview MHP) and will begin follow -up income surveys. It was not clear which landowners have not responded. Mr. Herrick informed the Board that HUD is likely to announce an extension of the application deadline because of the weather conditions in northern New York State. HUD is anxious to receive the Town's final Performance Assessment Report for this project. The remaining funds were drawn from the HUD account on January 20th. The PAR requires an update on the Town Fair Housing activities. In the Fall of 1996 the Board reviewed a proposed Fair Housing Law, but, no action was taken to adopt it. Without the law /policy in place HUD may look negatively at future grant applications. Mr. Herrick asked the Board to review the Fair Housing Law again. The Town Board will take action on the Fair Housing Law/Policy at the next meeting. Water District 17 As Mr. Larson stated that the joint failure on Ludlowville Road opposite the Pump Station has been temporarily repaired. The thrust restraint at the elbow was inadequate. Pete Larson, Bolton Point and TGM have met to develop a permanent repair. The Emmons Road Tank will be filled and the Ludlowville Road main isolated for 24 -48 hours to complete the pipe work and allow the concrete to cure. Mr. Herrick informed the Board that Highlander Construction `correction period expired August 12, 1997. Highlander was notified today of the failure and asked to consider sending a pipe crew, at no cost, to assist the Town. Mrs. Kirby reminded the Board that the Public Hearing on the HUD Grant was set for February 04, 1998 at 7:00 P.M. Mrs. Kirby reminded the Board of the Public Hearing on the new proposed Town Hall is on February 18, 1998 at 7:00 P.M. at the Lansing Community Center (Grange). The Town Board will meet with the Town Hall Committee Members on February 04th at 6:00 P.M. to discuss the format of the Public Hearing. 34B BRIDGE CLOSING Matt Shulman asked the Board if they knew when the 34B Bridge was scheduled to close for repairs and what the traffic detour routes would be. He has been contacted by residents in Ludlowville on the condition of the roads. The Board informed him they did not know what the 22 January 21, 1998, continued schedule was for the closing of the bridge and he should contact the NYSDOT. They also informed him that Mr. Larson has written letters to the NYSDOT and the County concerning the condition of the roads in ]Ludlowville. GEORGE TOTMAN - CODE ENFORCEMENT OFFICER Mr. Totman passed out his report to the Board members. He stated for 1997 they were down 8 permits and $68,000 in estimated project costs and up $1,100 in permits. Junk Yard Storage Law Mr. John and Mr. Totman discussed in length with the Board the updated Junk Yard Law /Ordinance. After further discussion the Town Board proposed the following: RESOLUTION At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on January 21, 1998, the following members being present: Jeannine Kirby, Supervisor; Larry Tvaroha, Councilman; Jeffrey Cleveland, Councilman; Paul Butler, Councilman; and Herbert Beckwith, Councilman; the following Resolution was duly made by motion of Herben! Beckwith, and seconded by Jeffrey Cleveland, and the vote was unanimous. WHEREAS, the Town Board of the Town of Lansing is considering a proposal to amend the present Town of Lansing Junkyard Ordinance and desires to receive public comment concerning the proposed ordinance, therefore, it is RESOLVED, that the Lansing Town Board shall hold a public hearing on the 4th day of February, 1998, at 7:30 p.m. at the Lansing Town Hall to receive public comment concerning the proposal to amend the Town Junkyard Ordinance as follows: JUNK STORAGE ORDINANCE ARTICLE As INTRODUCTION Section 1. Authority This ordinance is adopted pursuant to the authority granted the Town of Lansing in Section 10 of the Municipal Home Rule Law and in Section 130(15) of Town Law. Section 2. Title This Ordinance shall be known as the "Town of Lansing Junk Storage Ordinance." Section 3. Purpose of the Junk Storage Ordinance By adoption of this Ordinance the Town of Lansing declares its intent to regulate and control the storage or keeping of junk, and to regulate junkyards whether operated for commercial profit or otherwise. The Town of Lansing Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that junk and junkyards can constitute a hazard to property and sometimes explosive. Junk and particularly junked vehicles can constitute attractive nuisances to children and certain adults. The presence of junk and junkyards is unsightly and tends to detract from the value of surrounding properties. Section 4. Prior Existing Junkyard Ordinance The Ordinance shall replace and supersede the prior existing Junkyard Ordinance of the Town of 23 January 21, 1998, continued Lansing. ARTICLE B: DEFINITIONS For the purpose of this Ordinance, the following words and phrases shall have the meaning ascribed to them in this article. Enforcement Officer: Any person appointed by the Town of Lansing Board to represent them in particular matters pertaining to this Ordinance. Junk: The outdoor storage or deposit of any of the following shall constitute junk. 1) Two (2) or more junk motor vehicles. 2) One (1) or more junk mobile homes. 3) Three (3) or more abandoned or inoperable appliances including but not limited to washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions. 4) Three (3) or more abandoned or irreparably damaged pieces of indoor furniture including but not limited to sofas, lounge chairs, mattresses, bed frames, desks tables, chairs and chests of drawers. 5) The dumping, accumulation, collection or storage of waste, debris, secondhand or used materials of whatever composition such that the accumulation creates a significant unsightly, unsafe or unhygienic condition. Junk Mobile Home: A structure, transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling unit, which is currently not inhabited and is no longer habitable under the New York State Uniform Fire Prevention and Building Code. Includes but is not limited to mobile homes, travel trailers and campers. Junk Storage Area: The areas of any parcel of land or water used or intended to be used for the placement, storage or deposit of junk. Junk Vehicles: Two (2) or more unregistered, old, secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, or used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles. A vehicle is considered junked when it meets all of the following conditions: 1) It is unlicensed. 2) It is either abandoned, wrecked, stored, discarded, Dismantled, or partly dismantled. 3) It is not in any condition for legal use upon the public highways. Junkyard: The outdoor storage or deposit of any of the following: 24 January 21, 1998, continued 1) Two (2) or more junk motor vehicles. 2) One (1) or more junk mobile homes. 3) Three (3) or more abandoned or inoperable appliances including but not limited to washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions. 4) Three (3) or more abandoned or irreparably damaged pieces of indoor furniture including but not limited to sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs and chests of drawers. 5) Any combination of the above that totals more than (5) items. 6) The dumping, accumulation, collection or storage of waste, debris, secondhand or used materials of whatever composition such that the accumulation creates a significant unsightly, unsafe or unhygienic condition. Motor Vehicle: All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways. Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind. ARTICLE C: JUNKYARD REGULATIONS Section 1. Location No junk storage area shall be located within: A. 10 feet of any adjoining property line; B. 500 feet of any public park, church, educational facility, nursing home, public building or other place of public gathering; C. 500 feet of any stream, lake, pond, wetland or other body of water; or D. 25 feet from the right -of -way of any public highway. Section 2. Fencing There must be erected and maintained an eight foot high fence enclosing the entire junkyard and a locking gate, adequate to prohibit the entrance of children and others into the area of the activity or business, and to contain within such fence the materials dealt with by the operator of the junkyard. Fencing requirements may be waived where topography or other natural conditions effectively prohibit the entrance of children and others. Section 3. Screening Where a junkyard or junk within a junkyard is or would be visible from a public highway or from neighboring properties., the fence provided in Section 2 above shall be of wood or other materials sufficient to totally screen the junkyard from view. Such screening maybe permitted by adequate planting of evergreen trees or shrubbery. 25 January 21, 1998, continued Section 4. Burning No materials shall be burned in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 215). Section 5. Burying No junkyard items shall be buried in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 360). Section 6. Approved Junkyard Items No junkyard items shall be stored in any junk storage area other than those items specified on a junkyard permit approved by the Town Board pursuant to this Ordinance. ARTICLE D. JUNKYARD PERMIT Section 1. Permit Required A. No person shall establish or maintain a junkyard within the Town of Lansing unless a permit has first been issued for such junkyard pursuant to this Ordinance. B. No person owning, having any right to, or any interest in any real property within the Town of Lansing shall license, rent, lease, or otherwise permit the use of such real property or any part thereof for a junkyard unless a permit has first been issued for such junkyard pursuant to this Ordinance. C. All permits shall be issued for a period of one year, after which time a renewal shall be required. Section 2. Temporary Permit for Prior Existing Junkyard Any person maintaining a junkyard prior to the effective date of this Ordinance within the Town of Lansing shall apply for a permit within sixty (60) days of the adoption of this Ordinance. If the junk storage area does not meet the requirements of Article D herein, a temporary permit shall be granted for a period not to exceed one (1) year, during which time the junk storage area shall be arranged to comply with said requirements. If at the end of such period the junk storage area has not been arranged to comply with said requirements, such person shall cease and desist from maintaining a junkyard and all junk shall be removed from the premises. ARTICLE E. APPLICATION PROCEDURE Section 1. Application The applicant for a junkyard permit shall obtain application forms from the Town of Lansing Code Enforcement Officer. The completed forms along with one copy of the proposed site plan, and the appropriate fees, shall be returned to the Code Enforcement Officer. The Code Enforcement Officer shall submit the application materials to the Town of Lansing Board. Section 2. Site Plan Contents The site plan shall be drawn to scale and indicate all dimensions and show: A. All existing and proposed structures, including fences on the property. B. All property lines including the names of owners of adjacent property; C. All streams, lakes wetlands, floodplains, and other water bodies on or within 500 26 January 21, 1998, continued feet of the property; D. All wells and sanitary facilities on or within 500 feet of the property; E. All roads and easements on or within 500 feet of the property; F. All existing and proposed junk storage areas on the property; G. All existing and proposed accessways, and parking and loading areas on the property. Section 3. Environmental Impact Statement An Environmental Assessment Form (EAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617. If the EAF indicates that the proposed activity may have significant environmental consequences, the Town of Lansing Board shall require that a Draft Environmental Impact Statement (DEIS) be submitted with the application. The application shall not be considered complete until the DEIS has been accepted by the Town of Lansing Board. Section 4. Application Fee A non - refundable fee for a junkyard license shall accompany all application in an amount as the Town of Lansing Board may, from time to time, establish by resolution. Section 5. Public Hearing The Town of Lansing Board shall fix application is received for a public he newspaper at least five (5) days prior Board shall hear the applicant and all junkyard permit. Section 6. Town Board Action a time within forty -five (45) days of the date a complete ;acing. Notice of the hearing shall be made in the official to the date thereof. At the hearing the Town of Lansing other persons wishing to be heard on the application for a Within forty-five (45) days of said hearing, the Town of Lansing Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junkyard permit. The forty-five (45) day period may be extended by mutual consent of the applicant and the Board. All findings of the Board shall be entered into the official minutes of the Town of Lansing. The decisions of the Board shall immediately be filed in the office of the Town of Lansing Clerk and the applicant shall be notified of the decision and the reasons for such decision by certified mail within five (5) days of the decision of the Board. Upon approval of the site plan and application, and payment of the fees and'. reimbursable costs due the Town of Lansing, the Board shall endorse its approval upon a copy of the final site plan and application. Section 7. Issuance of Permit A. If the application is approved by the Town of Lansing Board, a Junkyard Permit shall be issued by the Code Enforcement Officer. B. If the application is approved with conditions by the Board, the Code Enforcement Officer shall issue a .Junkyard Permit upon notification by the Enforcement Officer that said conditions have been compiled with. ARTICLE F: GENERAL CONSIDERATIONS Section 1. Aesthetic Considerations 27 January 21, 1998, continued In granting or denying a permit, the Town of Lansing Board shall take the following aesthetic factors into consideration. A. Type of road servicing the junkyard or from which the junkyard can be seen. B. Natural or artificial barriers protecting the junkyard from view. C. Proximity of the site to established residential or recreational areas or main access routes thereto. Section 2. Locational Considerations In granting or denying a permit, the Town of Lansing Board shall take the following locational factors into consideration: A. The nature and development of surrounding property, such as the proximity of public parks, churches, educational facilities, nursing homes, public buildings, or places of public gathering. B. Whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy noise, odors or smoke, or of other causes. C. The proximity of streams, lakes, wetlands, flood plains, groundwater supplies, and public water supplies. D. Local drainage patterns. E. Long range comprehensive plans or zoning for the Town. F. Proximity of the site to established residential or recreational areas. G. Availability of other suitable sites for the junkyard. ARTICLE G: ADMINISTRATION AND ENFORCEMENT Section 1. Waivers Where the Town of Lansing Board finds that due to special circumstances of the particular case, a waiver of certain requirements as stated in Article D herein is justified, then a waiver may be granted. A licensed motor vehicle repair shop may store individual motor vehicles, up to a maximum of ten motor vehicles, on its premise that would otherwise qualify as junk vehicles for a period of up to six months for any individual motor vehicles before having to remove such vehicles pursuant to this Ordinance or otherwise apply for a junkyard permit. In all other cases, no waiver shall be granted, however, unless the Board finds, and records in its minutes that: A. Granting the waiver would be keeping with the intent and spirit of this Ordinance, and is in the best interests of the community. B. There are special circumstances involved in the particular case. C. Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self - imposed. D. The waiver is the minimum necessary to accomplish the purpose. 28 January 21, 1998, continued Section 2. Enforcement Officer A. The enforcement officer shall upon request of the Board make inspections of the premises of any junkyard for which application for a permit has been made, or any other existing junkyard within the Town of Lansing, and shall report to the Board on the conditions of such junkyard. B. The enforcement officer shall make periodic inspections of the Town of Lansing to ensure that all existing junkyards have permits and that the requirements of this Ordinance are met. Any observed violations shall be reported to the Board. C. The enforcement officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior to the permit issuance or renewal. Section 3. Revocation of Permit The Town of Lansing Board may revoke a Junkyard Permit upon reasonable cause should the applicant fail to comply with any provision of this Ordinance. Before a permit may be revoked, a public hearing shall be held by the Board. Notice of the hearing shall be made in the official newspaper at least five (5) days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least five (5) days prior to the hearing. At the hearing the Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the Junkyard Permit. Should the Board decide to revoke a permit, the reasons for such revocation shall be stated in the Board'. minutes. The permit holder shall be immediately notified of the revocation by certified mail. Section 4. Penalties A. Any person who shall violate any of the provisions of this Ordinances shall be guilty of an offense and subject to a fine not more than Two Hundred Fifty Dollars ($250) or by a penalty of Two Hundred Fifty Dollars ($250) to be recovered by the Town of Lansing in a civil action. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue. B. In addition to the above provided penalties, the Board may also maintain an action or proceeding in the name of the Town of Lansing in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this Ordinance. ARTICLE H. MAPiAGENIENT Section 1. Personal Management The licensee must personally manage or be responsible for the management of the activity of business for which the license is granted. Section 2. Log Every operator of a junk yard shall keep a Log, the form of which must be approved by the Town Code Enforcement Officer ( "Log ") which contains the following information for each junk motor vehicle brought into the yard: A. Make-Model.-Code-Year B. Vehicle Identification Number January 21, 1998, continued C. Arrival Date and Disposal Date 29 D. Certification that the vehicle arrived with or without an engine, with or without a fuel tank, with or without a battery, with or without brake lines, and with or without a battery, and if the vehicle had an engine, fuel tank, battery, brake lines, or radiator, that any such existing engine, fuel tank, battery, brake lines, or radiator were drained and the contents disposed of in a manner which is in conformance with the State of New York Environmental Conservation Law E. All entries in the Log shall be made in ink or typed, and it shall be available for review by the Code Enforcement Officer upon request. F. A sworn statement, duly notarized, by the Person operating the junk yard shall be forwarded to the Code Enforcement Officer of the Town of Lansing showing compliance with this paragraph C and itemizing all entries from the Log for the previous year, said statement to be received prior to the annual renewal of the said license. ARTICLE I: SEVERABILITY If any clause, sentence, paragraph, section or article of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. ARTICLE J. EFFECTIVE DATE This Ordinance shall be effective upon filing with the Secretary of State. Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Butler: RESOLVED, that the Town Board of the Town of Lansing does hereby reappoint Viola Miller to the Lansing Planning effective January 01, 1998 - December 31, 2004. Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the Town Board of the Town of Lansing does hereby reappoint Steven Wright to the Zoning Board of Appeals effective January 01, 1998 - December 31, 2002. Carried. 30 January 21, 1998, continued CONTRACT WITH MB. THOMA FOR HUD GRANT As per the Resolution passed at the January 07th meeting, Mrs. Kirby signed the contract with Mr. Thoma for the HUD Grant. APPROVE MINUTES A copy of the minutes of December 17th and 31 st, 1997 having been given to the Board IL Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the minutes of December 17th and 31st, 1997 are hereby approved as submitted. Carried. Carried. AUDIT RESOLUTION RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: General Fund: 1997 Y/E Bills Voucher #719 - #723 1998 Voucher #2 - #34 Highway Fund: 1997 Y/B Bills Voucher #530 - 4543 1998 Voucher #1 - #8 Lansing Water Districts: 1998 Voucher #1 - #3 Water 47, Ext #9: 1998 Voucher #1 TOTAL AMOUNT $36,485.62 TOTAL AMOUNT $24,980.50 TOTAL AMOUNT $ 1,649.28 TOTAL AMOUNT $25,433.59 Vote of Town Board ... (Aye) Herbert Beckwith, Councilman Vote of Town Board ... (Aye) Paul Butler, Councilman Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor RECREATION COMMIISSION Mr. Cleveland informed the Board he received a note from Mr. Colt stating the Recreation Commission met tonight at 7:00 P.M. and they thought it was beneficial to continue the Commission and they will be appointing members at a later date. EXECUTIVE SESSION RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Butler: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 9:15 P.M. to discuss a personnel matter in the Judges Department, a personnel matter at Bolton Point and Sewer. Carried. 3i January 21, 1998, continued RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: RESOLVED, that the Executive Session be terminated at 9:37 P.M. and the Regular Meeting be reconvened. Carried. On motion, meeting adjourned at the call of the Supervisor at 9:40 P.M.