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HomeMy WebLinkAbout1998-02-0432 February 04, 1998 The Lansing Town Board met in Special 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 Absent Councilman Absent Councilman Present Councilman Present Town Clerk Absent Deputy Town Clerk Present Town Attorney Present VISITORS: George Totman, Dave Herrick, Andrew Bonavia, Len Lion, Lou Emmick, Mr.. Thoma, Al Beers, Terry Watson, Katherine Karlson, Mark Croft, Dick Cook, Pat Conlon, Dan Konowalow, Dave Bolyard and Harry Uhl, Sr. PUBLIC HEARING: HUD GRANT APPLICATION Proof of Notice having been furnished Mr. Tvaroha moved to open the Public Hearing on the Hud Grant Application at 7:00 P.M., and seconded by Mr. Cleveland. Carried. Mr. Thoma explained the process for the HUD Grant Application. Mr. Thoma stated that the maximum grant is $400,000.00. Mr. Thoma informed the Board that one of the requirements was to hold two public hearings, this being the first. Mr. Thoma stated that the official application date is still March 02, 1998. Unofficially, he has heard that it will be delayed for 30 days and he hopes to hear officially soon. Mr. Thoma stated the review period is 75 days. Dave Herrick, Town Engineer passed out a Preliminary Estimated Project Cost for four sections of the proposed Water District No. 17, Extension No. 5. Mr. Herrick stated that the total project cost is $646,100.00 which exceeds the grant limit of $400,000.00. Mr. Herrick suggested that at this time the following two sections be considered: Section A: Algerine Road Section Estimated Cost per Unit Ouantity Unit Item Total 8" Ductile Iron Pipe L.F. 4,350 $30 $1302500 4" Ductile Iron Pipe L.F. 890 $20 $17,800 Fire Hydrant Assembly EA. 8 $1,750 $145000 Flushing Hydrant EA. 1 $15750 $12750 8" Gate Valve EA. 8 $500 $41000 4" Gate Valve EA. 1 $400 $400 1" Service Connections EA. 13 $275 $35575 1" Copper Service Tubing L.F. 75 $12 $900 1" Service Tubing L.F. 60 $20 $15200 Bored or Jacked Under Highway Subtotal = $174,000 Services and Contingencies @ 30% $52,200 Section Cost = $2269300 L February 04, 1998, continued Section D: Lansing Station Section 1" Service Tubing L.F. Subtotal= $98.000 Services and Contingencies @ 30% $29,400 Section Cost= $1279400 Mr. Herrick stated that the cost of the two projects Estimated Cost per grant could go towards the cost of the service connections from the curb box Unit Quantity Unit Item Total 8" Ductile Iron Pipe L.F. 25740 $30 $82,200 Fire Hydrant Assembly EA. 6 $11750 $10,500 8" Gate Valve EA. 6 $500 $31000 1" Service Connections EA. 7 $275 $1,925 1" Copper Service Tubing L.F. 35 $12 $420 1" Service Tubing L.F. Subtotal= $98.000 Services and Contingencies @ 30% $29,400 Section Cost= $1279400 Mr. Herrick stated that the cost of the two projects is $353,700. The remainder of the grant could go towards the cost of the service connections from the curb box into the house. Mr. Herrick stated that the balance of the full extension would extend from this project. All persons desiring to be heard, having been heard Mr. Cleveland moved to close the Public Hearing for the HUD Grant Application at 7:14 P.M., seconded by Mr. Tvaroha: Carried. SECOND PUBLIC HEARING FOR HUD GRANT APPLICATION RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Town Board of the Town of Lansing is considering the construction of a water main extension along Algerine, Ludlow and Lansing Station Roads in the Town of Lansing, the proposed water system being designated Water District 17 Extension 5, and WHEREAS, the Town Board of the Town of Lansing has received requests from residents in the area to apply for a grant through the Department of Housing and Urban Development, and WHEREAS, the Town Board of the Town of Lansing has received a proposal from Bernard Thoma of Thoma Associates to assist in preparing a grant application, including conducting an income survey as required by the grant, at a cost not to exceed $3,200.00, and the Town Board of the Town of Lansing has authorized the Town Supervisor to execute a contract with Thoma Associates for the preparation of a grant application in Water District 17 Extension 5 at a contract cost not to exceed $3,200.00, therefore, it is RESOLVED, that the Town Board of the Town of Lansing orders that a public hearing be held on the 18th day of February, 1998, at 6:45 P.M. at the Lansing Town Hall to consider the submission of a grant application for Water district 17 Extension 5, to the Department of Housing and Urban Development, in order to receive public comment. Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor PUBLIC HEARING - IMPORTING FLY ASH AT NYSEG'S MILLIKEN STATION Proof of Notice having been furnished, Mr. Cleveland moved to open the Public Hearing on Importing Fly Ash at NYSEG'S Milliken Station at 7:15 P.M., seconded by Mr. Tvaroha: Carried. 33 ., 19 concerning4Wr request for importing fly asn from two coal 41cdd; electric geberorh— fS planis, located in Bainbridge, New York and Johnson City, New York: All persons desiring to be heard, having been heard Mr. Cleveland moved to close the Public Hearing at 7:29 P.M., seconded by Mr. Tvaroha: Carried. PUBLIC HEARING - JUNKYARD ORDINANCE Proof of Notice having been furnished, Mr. Tvaroha moved to open the Public Hearing on the Junk Yard ordinance at 7:30 P.M., seconded by Mr. Cleveland: Carried. Mr. Totman, Code; Enforcement Officer explained the proposed Junkyard Ordinance. Mr. Totman also provided handouts to the visitors attending the meeting. Mr. Totman stated that the Town has had a Junkyard Ordinance in effect since 1969. The new proposed Junkyard Ordinance is changing the enforcement aspects of the ordinance and includes discarded furniture, appliances, and junk discarded mobile homes. The nature of the number of cars, the Junkyard itself or the licensing application form has not changed. Mr. Totman opened the floor for a question and answer period. After all persons desiring to be heard, having been heard, Mr. Tvaroha moved to close the Public Hearing at 8:15 P.M., seconded by Mr. Cleveland. Carried. PAT CONLON Mr. Conlon requested a copy of the transmittal papers and a copy of the proposed zoning ordinance that was submitted to the Town Board from the Planning Board. Rich John stated that this was a working draft document and not a public document at this time. Mr. Conlon stated he had a problem with it not being available for review by the public. Mr. John will research what is a public document. Mr. Totman stated that he could get an unaltered copy of the document and stamp draft on each copy for the public to read. If a copy of a page was requested there would be a 25 cent per copy charge. The Town Board informed Mr. Conlon that they are holding public work session meetings to review and make changes to the document. After the Town Board has made changes they will hold a joint meeting with the Planning Board and then will hold a joint Public Hearing where the final document will be made available prior to the public meeting. The Town Board estimated two months for the time of completion. DAVE HERRICK - TOWN ENGINEER O & M Projects for 1998 Dave Herrick and the Board discussed the previously presented O & M projects that Mr. Herrick has proposed. After further discussion the following resolution was hereby adopted. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Town Engineer for the Town Board of the Town of Lansing has presented cost estimates for capital improvement projects on the Town of Lansing water system from, particularly the repair of the Gulf Creek Bridge water main which has failed at an 35 February 04, 1998, continued estimated cost of $70,000.00,1and the painting of the Village Circle Water Tank at an estimated cost of $190,000.00, and WHEREAS, the Town of Lansing has sufficient funds in the water system Operations and Maintenance Account to complete these projects, therefore, it is RESOLVED, that the Town Board of the Town of Lansing authorizes the Town Engineer to proceed with preparing plans and specifications for the repair of the Gulf Creek Bridge water main which has failed at a cost not to exceed $70,000.00 and the painting of the Village Circle Water Tank at a cost not to exceed $190,000.00. Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor O & M Agreement With The Village 4 Mr. Herrick informed the Board that the O & M Agreement with the Village has been finalized but has not yet been executed. This needs to be signed and finalized. Mr. Herrick will check into this and report back to the Board. Meeting With DEC Mr. Herrick informed the Board that last Tuesday, Larry Sharpsteen, Vice Chairman of the Sewer Committee and John Anderson and himself met with the DEC staff that would review the Town's Sewer Project. Mr. Herrick asked them what their feeling was about the Town's request for the two million dollars for the Bond Act. The DEC stated that they are looking to fund projects that already have plans and specs that are approved, in place and ready to bid. Mr. Herrick stated that they are not looking for projects that have potential, they are looking for projects that have secured or arranged financing. Mr. John asked Mr. Herrick if they were doing Planning Grants. Mr. Herrick stated he didn't see anything in the application materials for Planning Grants. Mr. Totman suggested to write to Assemblyman, Martin Luster and Senator, James Seward concerning this Bond Act and make the public aware of this situation. Mr. Herrick suggested waiting until the project point scoring and fund list becomes available. RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Town Board of the Town of Lansing is considering the construction of a water main extension along Algerine, Ludlow and Lansing Station Roads in the Town of Lansing, the proposed water system being designated Water District 17 Extension 5, and WHEREAS, the Town Board of the Town of Lansing has received requests from residents in the area to apply for a grant through the Department of Housing and Urban Development, and WHEREAS, the Town Board of the Town of Lansing has retained Bernard Thoma of Thoma Associates to assist in preparing a grant application, including conducting an income survey as required by the grant, and the Town Board of the Town of Lansing has authorized the Town Supervisor to execute a contract with Thoma Associates for the preparation of a grant application in Water District 17 Extension 5, and 36 February 04, 1998, continued WHEREAS, the Town Board of the Town of Lansing held a public hearing on the 4th day of February, 1998, at 7:00 P.M. at the Lansing Town Hall and has scheduled a second public hearing for February 18, 1998 at 6:45 P.M. to submit a grant application for Water District 17 Extension 5, to the Department of Housing and Urban Development. Therefore, it is RESOLVED, that the Town Supervisor is authorized to submit the grant application to the Department of Housing and Urban Development and to execute all documents necessary to submit the application. 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 for IMPORTING FLY ASH RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: WHEREAS, the Town Board of the Town of Lansing has received a request from the New York State Electric & Gas Corporation to allow the disposal of fly ash and bottom ash from two coal fired electric generating plants, located in Bainbridge, New York, and Johnson City, New York, at the solid waste management facility located at the company's plant at Milliken Station in the Town of Lansing, and WHEREAS, the solid waste management facility located at Milliken Station in the Town of Lansing operates and is regulated through the New York State Department of Environmental Conservation, and is authorized to dispose of fly ash and bottom ash from the two other sites, and WHEREAS, pursuant to Local Law Number 1 for the Year 1988, as amended by Local Law Number 1 of the Year 1993, designated as "A Local Law Regulating Solid Waste Management Facilities ", the Town Board of the Town of Lansing may issue a permit for the disposal of solid waste at a solid waste management facility within the Town, upon a finding that the granting of the permit shall not injure the health, safety and welfare of the residents of the Town, and WHEREAS, the Town Board of the Town of Lansing having held a public hearing pursuant to the terms of the Local Law Number 1 for the Year 1988, as amended by Local Law Number 1 of the Year 1993, designated as "A Local Law Regulating Solid Waste Management Facilities" and received public comment on the proposed permit on the 4th day of February, 1998 at 7:15 P.M. at the Lansing Town Hall. Therefore, it is RESOLVED, that the request by the New York State Electric & Gas Corporation to allow the disposal of fly ash. and bottom ash from two coal fired electric generating plants, located in Bainbridge, New York, and Johnson City, New York, at the solid waste management facility located at the company's plant at Milliken Station in the Town of Lansing is hereby approved pursuant to the terms of the Local Law Number 1 for the Year 1988, as amended by Local Law Number 1 of the Year 1993, designated as "A Local Law Regulating Solid Waste Management Facilities ". Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor JUNKYARD ORDINANCE RESOLUTION After a lengthy discussion by the Town Board the following Resolution was hereby adopted: 37 February 04, 1998, continued RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Cleveland: WHEREAS, the Town Board of the Town of Lansing has considered a proposal to amend the present Town of Lansing Junkyard Storage Ordinance, and WHEREAS, the Town Board of the Town of Lansing published a copy of the proposed ordinance and scheduled a public hearing, and WHEREAS, the Lansing Town Board held a public hearing on the 4th day of February, 1998, at 7:30 P.M. at the Lansing Town Hall and received public comment concerning the proposal to amend the Town Junkyard Storage Ordinance, therefore, it is RESOLVED, that the Town Board of the Town of Lansing hereby approved and adopts the proposed ordinance, as published, as the Town of Lansing Junkyard Storage Ordinance and directs the Town Clerk to incorporate such ordinance of the Town of Lansing. Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor TOWN OF LANSING JUNKYARD STORAGE ORDINANCE ARTICLE A: 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 Junkyard 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 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. 38 February 04, 1998, continued 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: 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. �0 �J February 04, 1998, continued 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 may be permitted by adequate planting of evergreen trees or shrubbery. 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 40 February 04, 1998, continued Solid Waste Disposal Law (see NYCRR Part 360). Section 6. Approved Junkyard Items No junkyard items shall The 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 peri'Dd 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 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; M February 04, 1998, continued 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 a time within forty-five (45) days of the date a complete application is received for a public hearing. Notice of the hearing shall be made in the official newspaper at least five (5) days prior to the date thereof. At the hearing the Town of Lansing Board shall hear the applicant and all other persons wishing to be heard on the application for a junkyard permit. Section 6. Town Board Action 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 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. 42 February 04, 1998, continued 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, chwrches, 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 ottier 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. Section 2. Enforcement Officer A. The enforcement officer shall upon request of the Board make inspections of the premises of any jwlkyard 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 43 February 04, 1998, continued 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. MANAGEMENT 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 C. Arrival Date and Disposal Date 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 44 February 04, 1998, continued 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 Lansin3; 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) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor DISCUSSION ON THE PROPOSED NEW TOWN HALL Andy LaVigne discussed the financial proposal for the new Town Hall with Board members. Mr. LaVigne discussed three possible conclusions for funding. It was the consensus of the Board to take $325,000 from the Town's special reserve fund and have the remaining $350,000 in construction cost to be bonded over 20 years at a cost of approximately 5 cents per thousand of assessed value. The expenses of equipment and furnishing the building will come from the reserve fund. Mr. Tvaroha will give the financial presentation at the Public Hearing on February 18, 1998. FAIR HOUSING POLICY Mr. John informed the Board that he had received a copy of the Town of Willette's Fair Housing Policy from Mr. Thoma. He has not yet finished reviewing the document and would like to do so before he presents it to the Town Board. The Board will meet on February 25, 1998 to further discuss the Fair Housing Policy. RESOLUTION FOR BAN FOR HIGHWAY EQUIPMENT BOND ANTICIPATION NOTE RENEWAL RESOLUTION DATED FEBRUARY 04,1998 A RESOLUTION AUTHORIZING THE ISSUANCE OF $175,747.00 SERIAL BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK TO PAY THE COST OF THE PURCHASE OF HIGHWAY EQUIPMENT, BEING TWO TEN WHEEL DUMP TRUCKS, TWO WING TOWER PLOW UNITS AND TWO BOX/SPREADER UNITS. At a meeting of the Town Board of the Town of Lansing, Tompkins County, New York, February 04, 1998, continued held at the Town Hall on the 4th day of February, 1998 at 7:00 o'clock p.m. PRESENT: Jeannine Kirby, Supervisor Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman 45 The following resolution was offered by Councilman Larry Tvaroha, who moved its adoption, seconded by Councilman Jeffrey Cleveland, to wit: WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Lansing, Tompkins County, New York as follows: Section 1. For the specific objects or purposes of paying the costs of the purchase of certain highway equipment, being two ten wheel dump trucks, two wing tower plow units and two box/spreader units, for the Town of Lansing, Tompkins County, New York, there are hereby authorized to be issued $175,747.00 serial bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned among such items of equipment in accordance with the maximum estimated cost of each. Such items of equipment are as follows: a) The purchase of two ten wheel dump trucks, for which, pursuant to subdivision 28 paragraph a of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; b) The purchase of two wing tower plow units, for which, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; c) The purchase of two box/spreader units, for which, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, it is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years and that the maximum maturity of the serial bonds herein authorized for said purpose will not exceed 5 years; Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $175,747.00. The plan of financing the same consists of the issuance of said serial bonds in the amount of $175,747.00. Section 3. All other matters except as provided herein relating to such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 1.00 of the Local Finance Law, as the Supervisor shall determine. Section 4. It is hereby determined that subdivision 28 of paragraph a. of Section 11.00 of the Local Finance Law applies to the specific object or purpose of the purchase of the equipment set forth herein, and that the period of usefulness thereof is ten years computed from 46 February 04, 1998, continued the date of the issuance of the first serial bond or the first bond anticipation note issued therefore. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The full faith and credit of the Town of Lansing, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable each year. There shall be levied on all the taxable real property in said Town a tax sufficient to pay the principal and interest on such obligations as the same become due and payable. In the event that the annual collection of such assessments shall be less than the amount required to pay the principal and interest of said bonds as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obligated to see to the application of the purchase money. Section 8. The validity of such bonds or any bond anticipation note or notes issued thereon in anticipation of the sale of said bonds pursuant to this bond resolution may be contested only if such obligations were authorized for an object or purpose for which the Town of Lansing, Tompkins County, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication or such obligations were authorized in violation of the provisions of the Constitution. Section 9. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, which is hereby designated as the official newspaper of said Town of such purpose, together with a notice of the Town Clerk in the forms provided in Section 8 1. 00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on Roll Call which resulted as follows: Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor The resolution was thereon declared duly adopted. BAN FOR MYERS BRIDGE Rich John inforrned the Board that the papers are finalized and he will be out on Friday to have the Town Clerk and Supervisor sign them. February 04, 1998, continued APPROVE MINUTES A copy of the minutes of January 07, 1998 having been given to Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Cleveland and seconded by Mr. Tvaroha: RESOLVED, that the minutes of January 07, 1998 are hereby approved as submitted. Carried. DISCUSSION ON SPOUSES HEALTH INSURANCE Mrs. Kirby will see how many individuals are involved and compile figures and report back to the Board at a later date. RESOLUTION FOR A DELEGATE AND ALTERNATE TO THE ASSOCIATION OF TOWNS RESOLUTION, offered by Mr. Cleveland and seconded by Mrs. Kirby: RESOLVED, that the Town Board of the Town of Lansing does hereby appoint Larry Tvaroha as a delegate and Jeannine Kirby as an alternate to the Association of Towns (02/18/98). Vote of Town Board ... (Aye) Jeffrey Cleveland, Councilman Vote of Town Board ... (Aye) Larry Tvaroha, Councilman Vote of Town Board ... (Aye) Jeannine Kirby, Supervisor TRAILWAYS GRANT Matt Shulman asked Mrs. Kirby the status of the Trailway Grant. Mrs. Kirby stated she had a conversation with the grant representative and he indicated to her that the course of the trail could not be altered. He also indicated that it was not an unusual situation to have residents that would not allow the path to go through their property the grant will have to be returned. Meeting adjourned at the call of the Supervisor at 10:30 P.M. Minutes taken and executed by the Deputy Town Clerk. Therefore, r n 47