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HomeMy WebLinkAbout2004-12-15REGULAR TOWN BOARD MEETING DATE: December 15, 2004 TIME: 7:00 p.m. PLACE: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. 7:05 p.m. — PUBLIC HEARING Consider Amendment to Junk Storage Ordinance pertaining to Outdoor Storage 5. 7:15 p.m. — PUBLIC HEARING Cingular Cell Tower on Conlon Road 6. Set Year End Meeting — December 30, 2004 — Noon 7. Set Date and Time for Organizational Meeting 8. Privilege of the Floor: a) Anyone wishing to address the Board 9. Engineer's Report 10. Set Water Rates for 2005 11. Highway Superintendent Report 12. Code Officer's Report 13. Resolution to extend Judge Burin's service in Town of Ithaca for one year 14. Approve Audit 15. Approve Minutes of November 17th and 29th 16. Board Member Reports 17. Executive Session if Needed 18. Adjourn Meeting 235 .23 6 December 15, 2004 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll call. Stephen Farkas Marty Christopher Doug McEver Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Absent Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present The Supervisor lead all present in the Pledge of Allegiance. VISITORS: Dave Herrick, Dick Platt, Steve Colt (7:28 p.m.), Mary Searles, Mr. and Mrs. Al Chaffee, Mr. and Mrs. John Coil, Debra Bain, Ana Matie, Tim Fish, Jeannie Kirby, Ryan Janowski and Tony Hall, PUBLIC HEARING ON AMENDMENT TO JUNK YARD ORDINANCE: 04 -219 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the amendment to the Junk Yard Ordinance is opened at 7:05 p.m. Carried. 04 -220 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED that all persons desiring to be heard, having been heard, the Public Hearing on the amendments to the Junk Yard Ordinance is hereby closed at 7:14 p.m. Carried. RESOLUTION 04 -221 Resolution Adopting Local Law Number 7 Of 2004 Re Outdoor Business Inventory Storage At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town has recognized that the outdoor storage of business inventory can create unsightly conditions, environmental hazards, and other deleterious effects; and WHEREAS, a draft amendment to the Junk Storage Ordinance (or a Local Law pertaining to storage) has been under consideration for a period of months, which proposed amendment may: (1) make it unlawful to store or hold any equipment, materials, parts and inventory outside of any building owned, leased or controlled by a business, other than inside an enclosed yard that is surrounded by a fence of no less than five feet in height which screens such yard from public view; (2) require that each such yard have a impermeable floor; (3) require proper sloping and drainage; (4) prevent the storage of certain hazardous, toxic, noxious, or carcinogenic materials outside of any fully enclosed building with an impermeable floor, and; (5) provide for waivers; and 23 Continued, December 15, 2004 WHEREAS, a Public Hearing was duly held at the Lansing Lansing, New York, being in the Town of Lansing, on the at 7:05 o'clock P.M., after lawful posting, publication, and aforesaid amendment to the Junk Storage Ordinance or the to hear all persons interested in the subject thereof, and to required or permitted by law; and Town Hall, 29 Auburn Road, 15th day of December, 2004, notice thereof, to consider the said proposed Local Law, and take such action thereon as is WHEREAS, the Town Board determined that a separate Local Law was procedurally the best way to proceed as the proposed Outdoor Business Inventory Storage Local Law was in effect regulating businesses other than junkyards; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 7 of 2004, as set forth in its entirety below: OUTDOOR BUSINESS INVENTORY STORAGE LOCAL LAW NUMBER 7 OF 2004 Town of Lansing, County of Tompkins, State of New York The Town Board of Lansing, pursuant to a Resolution dated December 15, 2004, does establish a Local Law, as follows: ARTICLE A: INTRODUCTION Section 1. Authority This Local Law 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, and related provisions of law and the regulations arising thereunder. Section 2. Title This Local Law shall be known as the Town of Lansing Outdoor Business Inventory Storage Local Law, Local Law Number 7 of 2004. Section 3. Purpose of the Outdoor Business Inventory Storage Local Law By adoption of this Local Law, the Town of Lansing declares its intent to regulate and control the storage of Outdoor Business Inventory, whether operated for commercial profit or otherwise. The Town Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that Outdoor Business Inventory can constitute a hazard to property and Persons, can constitute a source of hazardous and/or environmentally hazardous solid and liquid materials and/or waste, and can be a public nuisance. Such materials may be, or may contain, highly flammable and sometimes explosive materials. Outdoor Business Inventory can constitute an attractive nuisance to children and certain adults. The presence of Outdoor Business Inventory may be unsightly and tend to detract from the value of surrounding properties. Section 4. Prior Existing Local Law This Local Law shall replace and supersede all prior existing laws and ordinances relating to Outdoor Business Inventory Storage of the Town. 38 Continued, December 15, 2004 ARTICLE Be DEFINITIONS For the purpose of this Local Law, the following words and phrases shall have the meaning ascribed to them in this Article. Enforcement Officer: Any Person appointed by the Town Board to represent the Town in particular matters pertaining to this Local Law. Erosion Control Facility: A sedimentation and /or substance containment facility, a stormwater control facility, or any combination thereof, that is installed in an Outdoor Business Inventory Area. Exempt Business Any Outdoor Business Storage Area that the Enforcement Officer determines is or should be partially exempt from this Local Law due to the nature of the inventory stored outdoors, such as but not limited to (or necessarily including), nurseries, lumber yards, and other businesses that store natural and /or organic products outdoors. Exempt Business Certificate A certificate issued by the Enforcement Officer granting Exempt Business status. Impervious Cover: Any surface, improvement, structure and /or building that (1) prevents or substantially reduces an underlying soil's ability to effectively infiltrate stormwater and other substances, and (2) prevents the passage of deleterious substances. Licensee The holder of an Outdoor Business Inventory Storage Area permit. Motor Vehicle: All vehicles propelled or drawn by power other than muscular power originally intended for or capable of legal use on public highways. Noncompliance Notice: A notice issued by the Enforcement Officer stating facts and circumstances concerning a premises which the Enforcement Officer determines to be out of compliance with the terms set forth in this Local Law. Outdoor Business Inventory: The outdoor storage or deposit of any of the following shall constitute Outdoor Business Inventory: 1) Two or more Motor Vehicles, or parts therefrom, that are stored on behalf of, or offered for sale to, the general public. 2) Three or more appliances, pieces of equipment or parts therefrom, including but not limited to, washers, dryers, dishwashers, stoves, refrigerators, freezers, televisions, lawnmowers, tractors, farm or yard implements, or boats that are stored on behalf of, or offered for sale to, the general public. 3) Three or more pieces of indoor or outdoor furniture, or parts therefrom, including but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables, Continued, December 15, 2004 chairs and chests of drawers that are stored on behalf of, or offered for sale to, the general public. 4) The accumulation, collection or storage of any materials or business inventory or products, including but not limited to, any new or used lumber, logs, tires, motors, metals, chemicals, petroleum products, hardware, pipes, tubing, fencing, feed, grain, storage tanks, troughs, agricultural products, irrigation products, sand, gravel, quarry or mined products, plants, vegetation, trees, and sod, that are stored on behalf of, or offered for sale to, the general public. Outdoor Business Inventory Storage: The outdoor storage, placement, or deposit of any Outdoor Business Inventory. Outdoor Business Inventory Storage Area: The uncovered, unenclosed, and/or outdoor area(s) of any parcel of land or water used or intended to be used for the placement, storage, or deposit of Outdoor Business Inventory. Owner: Any Person who owns, utilizes, or operates any land, parcel, or premises upon which exists any permitted Outdoor Business Inventory Storage Area or any unpermitted Outdoor Business Inventory Storage Area. Person(s): Any individual(s), entity(ies), firm(s), partnership(s), association(s), corporation(s), company(ies), or organization(s) of any kind. Planning Board: The Planning Board of the Town of Lansing, New York. Town: The Town of Lansing, New York. Town Board: The Town Board of the Town of Lansing, New York. Zoning Board of The Town of Lansing Zoning Board of Appeals Appeals ( "ZBA ") ARTICLE C: EXEMPT BUSINESS AND EXEMPT BUSINESS CERTIFICATES Section 1. Inspection Any Person may request that the Enforcement Officer inspect their premises and Outdoor Business Storage Area(s) for the purpose of determining whether an Exempt Business Certificate may be issued. Section 2. Criteria An Exempt Business Certificate may only be issued where: A. The Outdoor Business Inventory is of a type and character that (1) is traditionally stored outdoors, (2) is composed of natural and organic materials, (3) will not have any potential or anticipated adverse environmental impacts, and (4) will not materially adversely impact any sight viewsheds from any neighboring properties or any abutting highways or roads. 239 240 Continued, December 15, 2004 O B. Such Outdoor Business Inventory is permitted within the applicable land use classification. C. The Planning Board reviews and approves, with or without conditions, the proposed Exempt Business Certificate, D. The specific Outdoor Business Inventory that is proposed to be subject to the Exempt Business Certificate is identified on the face of the certificate. E. The Exempt Business Certificate is signed by the Owner, who indicates and acknowledges that (1) the Outdoor Business Inventory Storage Area(s) is (are) subject to inspection by the Enforcement Officer at any reasonable time, with or without advance notice of such inspection, and (2) that upon revocation or restriction of the certificate, the premises will promptly be brought into compliance with this Local Law. Section 3. Duration, Inspection, and Revocation A. An Exempt Business Certificate must be renewed every 3 years. Prior to the renewal of any such certificate, the Enforcement Officer shall inspect the premises, and each Outdoor Business Storage Area, to assure compliance with the requirements of this Local Law, and any conditions stated upon any applicable Exempt Business Certificate. B. The Enforcement Officer shall periodically inspect each premise subject to an Exempt Business Certificate to assure compliance with this Local Law and any conditions stated upon any Exempt Business Certificate. If any issue of non- compliance arises, including any refusal by any Person to allow such inspection, then the Enforcement Officer shall deem the same a violation of this Local Law, and may take any action permitted hereunder. If the Exempt Business Certificate holder is found guilty of or admits to any act(s) in violation of this Local Law or the terms and/or conditions stated upon any issued certificate, then, in addition to any other remedies, fines, or penalties provided for under this Local Law, the Enforcement Officer may revoke or restrict the Exempt Business Certificate. After any such revocation or restriction of any Exempt Business Certificate, the Owner, or any other Person operating such Outdoor Business Storage Area, shall remove all Outdoor Business Inventory that is no longer in compliance with such certificate or this Local Law within 90 days of such certificate restriction or revocation. Section 4. Appeals Any Person(s) aggrieved by the restriction or revocation of any Exempt Business Certificate may appeal to the Planning Board for re- instatement of their Exempt Business Certificate. Such appeal must be filed within 10 days of the date the Enforcement Officer files and provides notice of the restriction or revocation to the certificate holder. The Planning Board shall schedule a hearing for the hearing of the appeal, and shall issue its decision within 30 days thereafter. Any Person aggrieved by the decision of the Planning Board may file an appeal to the Zoning Board of Appeals ( "ZBA "). Such appeal must be filed within 10 days of the day and date the decision of the Planning Board is delivered to the appellant. ARTICLE D: BUSINESS REGULATIONS Section 1. Location No Outdoor Business Inventory Storage Area shall be located within twenty feet (20') of any adjoining property line or any highway or road. Section 2. Impervious Cover and Erosion Control Facility 241 Continued, December 15, 2004 There must be erected and maintained an Impervious Cover that entirely covers each Outdoor Business Inventory Storage Area. In addition, each business having an Outdoor Business Inventory Storage Area must build and maintain an Erosion Control Facility, which shall be sufficient in size to impound the stormwater runoff generated from the Impervious Cover(s). All business' Outdoor Business Inventory must be placed and/or stored upon an Impervious Cover. Section 3. Burning No Outdoor Business Inventory or other materials shall be burned at any business, except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 215, and related provisions of law and regulations). Section 4. Burying No Outdoor Business Inventory or other materials shall be buried or partially buried at any business except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 360 and related provisions of law and regulations). Section 5. Approved Outdoor Business Inventory Storage Areas No Outdoor Business Inventory shall be stored in any Outdoor Business Inventory Storage Area, other than those items specified by an Outdoor Business Inventory Storage permit approved by the Town Board pursuant to this Local Law. ARTICLE E: OUTDOOR BUSINESS INVENTORY STORAGE AREA PREMIT Section 1. Outdoor Business Inventory Storage Area Permit Required A. Unless the Enforcement Officer has issued an applicable Exempt Business Certificate, no Person shall establish, maintain, suffer, license, or allow an Outdoor Business Inventory Storage Area upon any real property located within the Town unless a permit or waiver has first been issued for such Outdoor Business Inventory Storage Area pursuant to this Local Law. B. Unless the Enforcement Officer has issued an applicable Exempt Business Certificate, no Person owning, having any right to use, or. any interest in any real property within the Town shall establish, maintain, license, rent, lease, or otherwise allow the use of such real property, or any part thereof, for an Outdoor Business Inventory Storage Area unless a permit or waiver has first been issued for such Outdoor Business Inventory Storage Area pursuant to this Local Law. C. All Outdoor Business Inventory Storage Area permits shall be issued for period(s) of 1 year, after which time(s) a permit renewal shall be required. Each business that holds an Exempt Business Certificate is subject to a review and re- determination of such exempt status at any time. Section 2. Temporary Permit for Prior Existing Outdoor Business Inventory Storage Areas Any Person possessing, using, or maintaining any Outdoor Business Inventory Storage Area within the Town prior to the effective date of this Local Law shall apply for a permit within 60 days of the adoption of this Local Law. If an Outdoor Business Inventory Storage Area does not meet the requirements of this Local Law, a temporary permit shall be granted for a period not to exceed 90 days, but only if the Outdoor Business Inventory Storage Area existed pursuant to a lawfully issued and non - expired license or permit, or if the same was permitted by operation of law due to grandfathering rights. During the period of temporary permitting, the Owner must arrange and effect compliance with all of the requirements of this Local Law. If at the end of such 90 -day period the Outdoor Business Inventory Storage Area has not been brought into compliance with this Local Law, the Owner shall: (1) cease 242 Continued, December 15, 2004 and desist from maintaining an Outdoor Business Inventory Storage Area; (2) remove and lawfully dispose of all Outdoor Business Inventory from the premises; and (3) cleanup, remediate, and/or restore the premises to its condition prior to its use as an Outdoor Business Inventory Storage Area or to its natural condition within 90 days. ARTICLE F: APPLICATION PROCEDURE Section 1. Application for an Outdoor Business Inventory Storage Area Permit The applicant for an Outdoor Business Inventory Storage Area permit shall obtain application forms from the Enforcement Officer. The completed forms, along with one copy of the proposed site plan, together with the appropriate fees, shall be returned to the Enforcement Officer. The Enforcement Officer shall submit the application materials to the Planning Board. All applications shall contain a verified statement from each Owner that the Enforcement Officer shall have permission to enter and inspect the whole of each premises concerning which an application for an Outdoor Business Inventory Storage Area permit has been submitted. Section 2. .Outdoor Business Inventory Storage Area 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 and screening on the premises; B. All property lines, including the names of Owners of adjacent properties and all distances to neighboring properties and highways; C. All streams, lakes, wetlands, floodplains, and other water bodies on or within 500 feet of the premises; D. All wells and sanitary facilities on or within 500 feet of the premises; E. All roads and easements on or within 500 feet of the premises; F. All existing and proposed Outdoor Business Inventory Storage Areas on the premises; G. All existing and proposed access ways; and H. All parking and loading areas on the premises. Section 3. Environmental Assessment Forms and Environmental Impact Statements 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 ( "SEQR" ). If the EAF indicates that the proposed activity may have significant environmental consequences, the Town 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, if one is required, has been accepted by the Town Board. When required by law, the Town Board shall hold public hearings upon the EAF or DEIS, or as otherwise required by SEQR. Section 4. Application Fee A non - refundable fee for an Outdoor Business Inventory Storage Area permit shall accompany all applications in an amount as the Town Board may, from time to time, establish by resolution. 243 Continued, December 15, 2004 Section 5. Issuance of an Outdoor Business Inventory Storage Area Permit A. If the application for an Outdoor Business Inventory Storage Area is approved by the Town Board, an Outdoor Business Inventory Storage Area permit shall be issued by the Enforcement Officer. If the approval is with stated conditions, such conditions shall be stated upon the face of such permit. B. If the application is approved with conditions precedent stated by the Board, the Enforcement Officer shall issue an Outdoor Business Inventory Storage Area permit when said conditions have been met and/or complied with. C. If the application is not approved, and if the premises have been used as an Outdoor Business Inventory Storage Area, the applicant and/or Owner shall cleanup, remediate, and/or restore the subject premises to its condition prior to its use as an Outdoor Business Inventory Storage Area or to its natural condition within 90 days of the date the application is not approved. D. If the application is not approved, the applicant may apply for a waiver of any one or more requirements of this Local Law, as set forth below. E. All permits shall state that the Enforcement Officer shall have the right to enter and inspect the whole of the premises at any reasonable time. ARTICLE G: GENERAL CONSIDERATIONS Section 1. Aesthetic Considerations In granting or denying an Outdoor Business Inventory Storage Area permit, the Town Board shall take the following aesthetic factors into consideration: A. Type of road servicing the business, or from which the Outdoor Business Inventory Storage Area(s) can be seen. B. Natural or artificial barriers protecting the Outdoor Business Inventory Storage Area from view. C. Proximity of the site to established residential areas, recreational areas, or unique natural areas (including the lakefront and tributaries thereto), or main access routes thereto. D. The nature and type of business and inventory at issue. Section 2. Location Considerations In granting or denying an Outdoor Business Inventory Storage Area permit, the Town Board shall take the following location 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 conditions, processes, noises, odors, smoke, or materials. C. The proximity of streams, lakes, wetlands, flood plains, groundwater supplies, and public water supplies. D. Local drainage patterns. 244 Continued, December 15, 2004 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 Outdoor Business Inventory Storage Area. ffm ARTICLE He ADMINISTRATION AND ENFORCEMENT Section 1. Waivers and Motor Vehicle Repair Shops A. A licensed Motor Vehicle repair shop may store up to 10 Motor Vehicles on its premises for a maximum period of 4 months for each individual Motor Vehicle. If any Motor Vehicle is stored for a period in excess of 4 months, the Owner must either remove such Motor Vehicle(s) or apply for an Outdoor Business Inventory Storage Area permit. B. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: 1. Granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community. 2. The nature and duration of any existing non - conforming use, or other use that will not comply with this Local Law if a waiver is granted, and whether the character, appearance, or welfare of the neighborhood would be adversely affected by the granting of a waiver or the continuation of any non - conforming use. 3. There are special circumstances involved in the particular case. 4. Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self - imposed. 5. The waiver is the minimum necessary degree of variation from the requirements of this Local Law. Section 2. Enforcement Officer A. The Enforcement Officer shall, upon request of the Town Board or the Planning Board, make inspections of the whole of the premises of any Outdoor Business Inventory Storage Area for which application for a permit has been made, or any other existing Outdoor Business Inventory Storage Area within the Town. The Enforcement Officer shall provide a report to the Town Board and the Planning Board concerning such inspections and the conditions observed. B. It shall be the responsibility of the applicant and/or Owner to arrange for all required inspections of the premises prior to the issuance of any Outdoor Business Inventory Storage Area permit, or any renewal thereof. C. The Enforcement Officer shall make periodic inspections within the Town to ensure that all existing Outdoor Business Inventory Storage Areas have valid permits, and that the requirements of this Local Law are met. The Enforcement Officer shall report any observed violations to the Town Board and the Planning Board. The Enforcement Officer shall not enter upon any private property without permission or a lawful right to so enter. 245 Continued, December 15, 2004 D. The Enforcement Officer shall issue a Noncompliance Notice for any conditions that are observed to be in violation of this Local Law, or in violation of any conditions stated upon any Exempt Business Certificate or any permit. Any Person who receives a Noncompliance Notice shall be in violation of this Local Law and shall endeavor to bring the property and all Outdoor Business Storage Areas into compliance as soon as possible. Section 3. Revocation of an Outdoor Business Inventory Storage Area Permit After issuance of any Noncompliance Notice, the Enforcement Officer may revoke an Outdoor Business Inventory Storage Area Permit. If any court proceedings are brought concerning such alleged violations, and the Owner or Licensee is found not guilty, or there is another adjudication in favor of the Owner or Licensee pertaining to the alleged violation of this Local Law or any permit or certificate issued hereunder, then the permit or certificate shall be reinstated by the Enforcement Officer with the same effect as if (1) no Noncompliance Notice had ever been issued, and (2) no revocation had occurred. If no such court proceeding is brought, then within ten (10) days of such revocation, any aggrieved Owner or Licensee may request a hearing before the Planning Board. If a hearing is so requested, the Planning Board shall hold such hearing within 30 days of request therefore, and such hearing may be a public hearing, at the sole discretion of the Planning Board. Notice of any public hearing shall be made in the official newspaper at least five (5) days prior to the date thereof. Each Owner or Licensee shall be notified of the hearing by certified mail at least five (5) days prior to the hearing. At the hearing the Planning Board shall hear all Persons wishing to be heard concerning the revocation of the permit. The Planning Board may, after such hearing, confirm the revocation of the permit, reinstate such permit, or reinstate (and/or amend or re- issue) such permit upon any one or more conditions. If any Owner or Licensee is aggrieved by the determination of the Planning Board, such Person may file an appeal to the ZBA. Such appeal must be filed within 10 days of the determination of the Planning Board. Section 4. Cleanup, Remediation or Restoration of an Outdoor Business Inventory Storage Area The Town Board may order any Owner who allows an unpermitted Outdoor Business Inventory Storage Area to exist to cleanup, remediate, and restore the subject premises to its condition prior to its use as an Outdoor Business Inventory Storage Area or to its natural condition. The Owner shall then have a period of no more than 90 days in which to cleanup, remediate, and restore the premises. Upon notification given by the Enforcement Officer to the Town Board that the Owner has failed or refuses to cleanup, remediate, and restore the subject premises within that 90 -day period, the Town Supervisor may, but is not required, to cause the Town to commence or contract out the cleanup, remediation, and restoration of such Outdoor Business Inventory Storage Area. After the work has been completed, the Enforcement Officer shall file in the office of the Town Clerk a verified statement (herein, the "Verified Statement ") of all the direct costs of the cleanup, remediation or restoration of the Outdoor Business Inventory Storage Area, together with a 50% surcharge as compensation to the Town for administering, supervising and handling said work in accord with the provisions of this Local Law. Such Verified Statement shall be served by certified mail upon the Owner of the affected ® property at the time of filing. Section 5. Judgment The Town may enter a civil judgment in the amount of any Verified Statement through the Town Court, or any other court of competent jurisdiction, and enforce the same in accord with law. Section 6. Transfer of Title by Owner 246 Continued, December 15, 2004 A transfer of title (or any interests therein) in any premises by any Owner shall be no defense to any proceeding under this Local Law. No assignment of any obligations imposed by this Local Law shall be a defense to any proceeding under this Local Law. Section 7. Appeals Any Owner or Licensee ordered to cleanup, remediate, or restore any Outdoor Business Inventory Storage Area who disagrees with a Verified Statement, Noncompliance Notice or any other determination of the Enforcement Officer may, unless expressly stated otherwise in this Local Law, appeal to the Planning Board by filing a written statement setting forth the reasons for such appeal. Such appeal must be filed within 20 days of service of a Verified Statement, Noncompliance Notice, or any other order of the Enforcement Officer upon such Owner or Licensee. Upon receipt of such appeal, the Planning Board shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify, or annul the action of the Enforcement Officer. If any Person remains aggrieved by the determination of the Planning Board, they may file an appeal to the ZBA. Such appeal must be filed within 10 days of the determination of the Planning Board. Section 8. Fines & Penalties A. First Violation: Any Owner who violates any of the provisions of this Local Law shall be (1) guilty of an offense and subject to a fine not more than $250, or (2) subject to a civil penalty of not more than $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 that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. B. Second Violation: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation. Any Owner who shall suffer, commit, or permit a second violation upon the same or adjacent premises shall be (1) guilty of an offense and subject to a fine not more than $500, or (2) subject to a civil penalty of not more than $500 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 that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and /or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. C. Third and Subsequent Violations: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this Local Law shall be deemed a third or subsequent violation, as applicable. Any Owner who shall suffer, commit or permit a third or subsequent violation upon the same or adjacent premises shall be (1) guilty of a misdemeanor and subject to a fine not more than $1,000 and a period of incarceration not to exceed 30 days, or (2) subject to a civil penalty of not more than $1,000 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 that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this sub - section C. D. In addition to the above provided fines, penalties, and sentences, the Town Board may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this Local Law, and to compel the payment of the costs 247 Continued, December 15, 2004 and expenses and the 50% surcharge, if any, incurred by the Town in its efforts to cleanup, remediate or restore the premises upon which an Outdoor Business Inventory Storage Area is or was located. Section 9. Indemnity The Owner and each Person working upon any cleanup, remediation, or restoration work, including all Persons acting in furtherance of the performance of any work pursuant to or under any Noncompliance Notice, shall indemnify, keep and save harmless the Town from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Town from or by reason of or on account of accidents, injuries, damages, and /or losses to Persons or property during any cleanup, remediation, or restoration work. This indemnity provision shall be construed and applied to the maximum extent permitted by law. Section 10. Prollress of Cleanup, Remediation or Restoration Work In the cleanup, remediation, or restoration of any Outdoor Business Inventory Storage Area, or any part thereof, any and all cleanup, remediation, or restoration work shall be undertaken with a diligent regard to, and a diligent application of, all applicable safety standards, rules, laws and regulations, in accord with the safest practice and customs in the applicable real property cleanup industry. Section 11. Limitation on Liability The Town shall not be liable or responsible for any injury to Persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. ARTICLE I: MANAGEMENT Every Licensee must personally manage or be responsible for the management of the activity or business for which the permit is granted. ARTICLE J: SEVERABILITY If any clause, sentence, paragraph, section or article of this Local Law 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 K: ARTICLE 78 The determinations of the Town Board, the Planning Board, the ZBA, and the Enforcement Officer referenced in this Local Law shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules ( "CPLR "). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any appeals as provided for in this Local Law, ARTICLE L: EFFECTIVE DATE This Local Law shall be effective upon filing. OPEN PUBLIC HEARING ON CINGULAR CELL TOWER: 248 Continued, December 15, 2004 04 -222 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed cingular cell tower is hereby opened at 7:15 p.m. Carried. soft Mr. Ryan Janowski gave the Board pictures of what the cell tower would like from different angles and he also gave an overview of the proposed project and the following comment and/or concerns were stated: Debbie Bain: (Q) What are the long -term health effects? (A) None. Debbie Chaffee: (Q) How big is the base and is it lighted? (A) It will be triangular shaped and about 15x15 or 20x20 and no, it will not lighted. Stacy Coil: (Q) Why wasn't more of the neighborhood notified? (A) All people that are within 600 feet of the property line were notified. Jeannine Kirby: (Q) Two years ago, she tried to put up a cell tower and no less than 33 letters were sent out, how many were sent for this cell tower? (A) 19. (Comment) Mrs. Kirby stated that the Ithaca Journal had an article in everytime something was done regarding her attempt to have a cell tower. She stated that she is not against a cell tower but felt that this one was being handled a lot different then when she tried. Mr. Shattuck stated that he also felt more people should have been notified and that the Board should look into it. Bud Shattuck: (Q) The fall zone has to be at least two times the fall of the tower. Will the size of the fall zone be leased? (A) It can be modified to take in 400 feet. Debbie Bain: (Q) Will there be interference to electronic devices? (A) No. Jeannine Kirby: (Comment) Small farms need all the cell towers and windmills they can get to help keep them in existence. Tony Hall: (Q) How are they powered? (A) A trench from the road to the tower which will be 36 inches underground will be dug for a telephone line for alarm services. Debbie Chaffee: (Q) Where is the next closest tower in the area? (A) There is one on Indian Field Road and one on Route 90 in Genoa and one in Ithaca. Jeannine Kirby: (Q) be 1,300 Will there be any buffering? feet back from the road. (A) The tower will Mrs. Kirby did not be set agree back in a line of with this. trees and it will Debbie Chaffee: (Q) If I am standing in front of my house, will I see the tower? (A) Yes, you will see the top but not the base. Bud Shattuck: (Q) Can you provide us with a balloon test? (A) The balloon test will take place on January 7`" and 8t, 2005. Bud Shattuck: (Comment) At the next Regular Board Meeting on January 19, 2005, he wants to see the balloon test results, cost evaluation of some sort, alternate sites and a propagation study. Mr. Shattuck also informed Mr. Janowski that the Town Board would also like to see a safety analyses. Mr. Shattuck stated that the Town's rule was not to deny them but to find out what is best for all of the community. 04 -223 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: 249 Continued, December 15, 2004 RESOLVED, that all persons desiring to be heard, having been heard the Public Hearing on the proposed Cingular Cell Tower will be carried over until January 19, 2005 at 7:05 p.m. Carried. END OF YEAR MEETING: 04 -224 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the end of year meeting will be held on December 30, 2004 at the Lansing Town Hall Board Room at 12:00 p.m. Carried. ORGANIZATIONAL MEETING: 04 -225 RESOLUTION, offered Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Organazational Meeting for the Year 2005 will be held on January 5, 2005 at 7:00 p.m. Carried. ATWATER ROAD WATER EXTENSION: RESOLUTION 04 -226 Resolution Amending and Correcting Resolution 04 -174 (re Fish Consolidated Water District Extension (18 Atwater Road)) At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, Timothy and Nancy Fish (the "Petitioners ") have petitioned for a backlot extension of the Town of Lansing Consolidated Water District (the "CWD"); and WHEREAS, it appearing that the request is in compliance with required Town procedures, and the Town Engineer having expressed no special concerns, and the Petitioners having acknowledged that they will be responsible for all costs of establishing and installing such extension; and WHEREAS, a Public Hearing was held at 7:10 p.m. upon October 20, 2004 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons interested in the subject thereof were heard and evidence thereupon was taken and duly considered; and WHEREAS, a petition and application has been made by the Petitioners for an extension of the Town of Lansing Consolidated Water District (hereinafter "Consolidated District ") to their property, thus extending the Consolidated District and changing its borders only as necessary to include their property at 18 Atwater Road (Town of Lansing Tax Map Number 37.1- 8 -11); and 25O Continued, December 15, 2004 WHEREAS, the Town Engineer has reviewed all relevant materials and believes that the proposed extension is permissible as the property owners will pay for all costs associated with the extension, and therefore recommends the same; and WHEREAS, it is proposed that water be supplied through the Consolidated District from the Southern Cayuga Lake Intermunicipal Water Commission source at Bolton Point on Cayuga Lake, and the Commission has determined that adequate supply exists to provide service to the proposed Consolidated District extension, and WHEREAS, the construction proposed consists of the installation of two separate water services totaling approximately 650 feet of tubing (now existing or hereafter to be built) to connect to two single family residences; and WHEREAS, the total project cost has been estimated to be 1,775.00 (per unit), but with no portion thereof to be paid or payable by the Town or the Consolidated District; and WHEREAS, a certified copy of the notice of publication and posting has been filed in the Town Clerk's Office as required by Town Law §209- f(3)(a)(1); and WHEREAS, the improvements proposed, the boundaries of the proposed consolidated district extension, and the estimated expense thereof have all and each been reviewed and approved by the Town Engineer and the Town Attorney, and the proponents of the Consolidated District extension have agreed to pay all expenses incurred to install such extension of service to the subject parcel pursuant to Town requirements, and have agreed to reimburse the Town and the Consolidated District for expenses incurred in considering, approving, creating, and establishing such Consolidated District extension, such that there is no capital or other cost to the Town or the Consolidated District resulting from the establishment of this extension; and WHEREAS, the assessed valuation of the property affected hereby is $136,000.00, as based upon the 2004 assessment roll for the Town of Lansing, and valuations in the Town are at 100 %; and WHEREAS, upon the evidence given at such public hearing, and upon due deliberation upon the matter, it is hereby RESOLVED AND DETERMINED, that (a) The notice of hearing was published and posted as required by law, and are otherwise sufficient; (b) The property and property owners within the proposed Consolidated District extension are benefited thereby; (c) The property and property owners benefited are included within the limits of the proposed Consolidated District extension; and (d) It is in the public interest to establish the Consolidated District Extension; and it is further RESOLVED that such Consolidated District extension is bounded and described as all of the property being Tax Map Parcel 37.1 -8 -11, also known as 18 Atwater Road, and it is further RESOLVED, that the proposed improvement, including costs of rights of way, construction costs, legal and engineering fees and all other expenses, is to be paid for by the Applicants, and no Town debt or Consolidated District debt is or will be created thereby,, nor will any capital costs be incurred by the Town or the Consolidated District, and the estimated average annual cost of water for an average single family home within the district extension is in the amount of $316.00, and the estimated average one time 2 51; Continued, December 15, 2004 hook -up fees for installation and connection of the service line to each residence is in the approximate amount of $1,775.00; and it is further RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g, to file this Resolution within 10 days with the Tompkins County Clerk, and, again within 10 days, to file a certified copy with the Department of Audit and Control in Albany, New York; and it is further RESOLVED, that the proposed extension of the Town of Lansing Consolidated Water District for 18 Atwater Road be and is hereby approved, and the service extension herein mentioned be constructed and the service herein mentioned be provided for once the required funds are made available or provided for, with final approval to be (1) at the discretion of the Town Supervisor once he is satisfied that (a) all fees and expenses have been duly paid or reimbursed by the landowners, and (b) Town Engineer is satisfied with the installation, and (2) after the running of the permissive referendum period (see TL §209- e(3)), but however (3) subject to the approvals required, if any, from the Department of Audit and Control and the New York State Comptroller; and it is further RESOLVED that the Town Supervisor and Deputy Supervisor be and hereby are authorized to execute each and any applications or other documents required or necessary to create such Consolidated District extension; and it is further RESOLVED AND DETERMINED that this Resolution be and hereby is subject to a permissive referendum as provided for in Town Law §209 -e(3), and is not subject to the approval of the State Comptroller pursuant to Town Law §209 -f(1). LANSING RECREATION DEPARTMENT REPORT: Mr. Colt handed out the following report: Parks & Recreation Department Town Board Meeting December 15, 2004 • New York State Turf Show Conference - took place in Rochester and some of our staff attended. We were able to make some good contacts and obtained some needed information regarding outdoor equipment. • Ballfield repairs planned - We are working currently with "Sky High Turf" from Chittenango NY. We made this contact at the conference, and found out that they can completely fix 2 of our fields that are now a safety concern. We have a plan in place and hope to start in late March or early April. We will have the final quote by next week. • Field "E" backstop to be replaced - Three fence companies (Whitmore, Atlas, Arrow) have quoted. We negotiated the best price from Whitmore Fence and they plan to start the job tomorrow by removing the old fencing. This job was LONG overdue, and will look great and be SAFE when completed. This job is in our '05 budget. • Myers Park Marina repairs have started - Shoreline Development (Darin Parsons) has already started the marina retaining wall repair work. He has now done all that he can do with out the actual DEC permit in hand. The Army Corp of Engineers has Ok'd the job and the DEC has slowed us down as usual with their typical bureaucracy. This is unfortunate. 252 Continued, December 15, 2004 • Visa / Master card accepted here - The equipment is in and is up and running. We did entertain a presentation for credit card services from M &T Bank (Joanne Powers). They were unable to match the Trust Company offer. • Reservation Systems - We are continuing to work on drafts of what will be a new Camping Reservation System for Myers Park. We will need to advertise once this is done and official, and probably will not accept any advance reservations until February or March. • NYMIR response - I have responded to Steve Farkas with regards to the suggested recommendations made to us by NYMIR. Steve will forward our response to them. • Marina Boat Slip Lottery - is set for Tuesday evening at 7:00 PM on February 1st We have already mailed out application packages to all of last seasons slip holders and everyone on our waiting lists. The lottery will only establish the order in which we will open returned registration packages and begin to fill the marina. • Cap for our Park pickup truck - We have finally found a used inexpensive cap for the back of our pickup truck. It will be used immediately (Jan. 10th) for our very large Ski Program. The truck is used to haul ski and snowboard equipment to Greek Peak so that we can fit all of the participants on the busses. • Recreation Programs set to start - Some of our winter programs set to start are: Boys Travel Basketball Girls Travel Basketball Ski Program Skating Program Yoga session III Gymnastics session II Holiday Pole Vault & High Jump Clinic SR. Open Swim (Pending finding a lifeguard) • Regional Recreation Page - We will be adding a section to our web page (www.lansing.recreation.ny.us) that will allow anyone in our region to view any programs that would be available to participate in. We have been approached by many people outside of Lansing and we have been an asset to many of the "home school" families for their physical education requirements. These offerings are programs selected by us, that actually help some of our lesser attended programming to take place. DAVE HERRICK — TOWN ENGINEER: Mr. Herrick and Mr. Krogh went over all of the changes /corrections in regard to the proposed stormwater erosion control draft Local Law No. 1. Mr. Herrick stated that if this were passed as a Local Law, it would be for the whole town. The following resolution was then adopted: RESOLUTION 04 -227 Resolution Scheduling Public Hearing for Consideration of Adoption of Stormwater and Erosion Control Local Law Number 1 of 2005 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Continued, December 15, 2004 Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, New York State has mandated that certain areas of the State have in place and established certain Stormwater controls, and the whole of the Town of Lansing has been designated as a Municipal Separate Stormwater Sewer Systems ( "MS4 ") area subject to such requirements; and WHEREAS, in conjunction with many entities and sources, the Town has been pursuing a compliant set of procedures relative to stormwater and erosion control for over a year; and WHEREAS, the proposed Local Law is on file at the Town Clerk's Office for review by any interested person; and WHEREAS, said proposed Local Law proposes to: (1) define Agricultural Activity, Applicant, Building, Channel, Clearing, Construction Materials, Dedication, Department or "DEC ", Design Manual, Design Storm, Developer, EPA, Erosion, Erosion Control Manual, Erosion Control Facility, Erosion Control Officer ( "ECO "), Grading, Impaired Water, Impervious Cover, Industrial Stormwater Permit, Infiltration, Jurisdictional Wetland, Land Development Activity, Landowner, Large Project, Large Project Phasing, Maintenance Agreement, Nonpoint Source Pollution, Parcel, Point Source Pollution, Pollutant of Concern, Proposed Project, Recharge, Sediment, Sedimentation, Sedimentation Containment, Sediment Containment Facility, Sensitive Aquatic Areas, Site Impervious Cover, Small Project, SPDES General Permit for Construction Activities GP -02 -01 ( "SPDES GP -02 -0I "), SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP -02 -02 ("SPDES GP- 02 -02 "), Stabilization, State, Stop Work Order, Stormwater, Stormwater Control, Stormwater Control Facility, Stormwater Pollution Prevention Plan ( "SPPP "), Stormwater Runoff, Surface Waters, Town, Town Board, Watercourse, Waterway, and related terms; (2) establish Erosion Control Facility requirements and standards necessary to minimize potential harm to the environment, to promote the public health, welfare and safety and to control and minimize the adverse effects associated with Erosion, Point Source Pollution and Nonpoint Source Pollution and to address the other findings of fact stated in such proposed Local Law; (3) meet the minimum requirements set by measures 4 and 5 of SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP -02 -02 or as amended or revised; (4) require Large Projects to conform to the substantive requirements of the SPDES General Permit for Construction Activities GP- 02 -01, as amended or revised; (6) minimize increases in Erosion generated by Proposed Projects; (7) minimize increases in water pollution caused by Erosion generated by Proposed Projects in order to preserve local water quality; (8) minimize the total annual volume of Erosion that is generated by Parcels during and following Land Development Activities; (9) reduce Erosion, Point Source Pollution and Nonpoint Source Pollution, wherever possible, through Erosion Control Facilities and to ensure that the Erosion Control Facilities within the Town are properly maintained on a perpetual basis (10) designate an Erosion Control Officer ( "ECO "), who shall receive and review all proposed Large Projects and their related Stormwater Pollution Prevention Plans ( "SPPPs ") and forward such proposed Large Projects and SPPPs to the Planning Board; (11) require that Small Project SPPPs be delivered to the ECO; (12) provide for certain exemptions; (13) allow for co- interpretation with the Town's Land Use Ordinance, site plan requirements, and Subdivision Regulations; (14) require Stormwater Pollution Prevention Plans (SPPPs) and set forth requirements therefore, including site maps and construction drawing(s) for each Proposed Project; (15) provide for post construction Erosion Control Facilities in certain circumstances; (16) define Stormwater Pollution Prevention Plan Requirements; (17) require Contractor Certifications as to SPPPs and related items; (18) identify Performance and Design Criteria for Stormwater Control and Erosion and Sediment Containment Facilities, including technical and water quality standards; (19) establish criteria for the Maintenance and Repair of Erosion Control Facilities; (20) provides for Construction and Erosion and Sediment Containment Facility Inspections; (2 1) provides for Performance, Maintenance, and Construction Completion 253 254 Continued, December 15, 2004 Guarantees; (22) provides for Enforcement and Penalties, including Notices of Violations, Stop Work Orders, Penalties and fines of up to $5,000.00 and imprisonment for a period not to exceed six months, withholding Certificates of Occupancy, requiring restoration of lands; and (23) requiring reimbursement to the Town for the costs of review of SPPPs, inspections, or SCF maintenance performed by the Town of Lansing, or performed by a third party for the Town of Lansing, including but not limited to engineers or attorneys. WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of January, 2005, at 8:00 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. APPROVAL OF 2005 WATER RATES: RESOLUTION 04 -228 Resolution Adopting Town Of Lansing 2005 Water Rates At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town must set its water rates by resolution pursuant to law and the intermunicipal agreement by which the Town is bound in relation to Bolton Point; and WHEREAS, as Bolton Point has recently increased its rates, and the Town's 2005 rates need to reflect such change; and WHEREAS, upon due consideration of the foregoing, the Town Board has RESOLVED, that the Town Board of the Town of Lansing does hereby establish the following water rates for the Town of Lansing residents for the year 2005: Water Rate Operation and Maintenance Fee TOTAL RATE $2.21 per thousand gallons $.45 per thousand gallon s $2.66 per thousand gallons �4r i Eli 255 Continued, December 15, 2004 HIGHWAY CONTRACT: Mr. Krogh stated that the Highway Contract needs to be updated and adjusted. Mr. Krogh will bring it up to date and get it to the Board and to Jack French as soon as possible. DICK PLATT — CODE ENFORCEMENT OFFICER: Monthly Report: Mr. Platt read his monthly report and stated that they are down by 2 permits and down in project costs by $ 422,430.80. Historical Building: The building has been started. Mr. Farkas thanked Mr. Platt for all of the work he has put into the building. Drop -In Center• The drop -in center has been inspected and there are a few minor things that need to be taken care of AUTHORIZE WILLIAM BURIN TO CONTINUE TO WORK FOR THE TOWN OF ITHACA. RESOLUTION 04 -229 Resolution Extending and Approving Temporary Appointment of Judge Burin to the Town of Ithaca Court At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, the Town of Ithaca passed a Resolution to continue their prior Resolution dated October 23, 2003, to appoint Lansing Town Judge Burin to a temporary post as a Judge for the Town of Ithaca due to the medical leave of absence of Ithaca Town Judge Larkin; and WHEREAS, such appointment was conditioned upon the approval of the Lansing Town Board; and WHEREAS, Judge Burin desires such temporary appointment upon terms as agreed between Judge Burin and the Town of Ithaca; and WHEREAS, upon due deliberation and consideration of the above, it is hereby RESOLVED, that the Town of Lansing hereby consents to the continuation of the temporary appointment of Judge Burin to the Town of Ithaca Court by the Town Board 256 Continued, December 15, 2004 of the Town of Ithaca, for a continuing period of appointment to end on or before December 31, 2005. AUDIT APPROVAL: 02 -230 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: Voucher Numbers: 1285-1386 PrePaid Voucher Numbers: 1285 — 1292 FUND TOTAL APPROPRIATIONS General Fund 473706.87 Highway Fund 125584.25 Lansing Lighting 1,252.86 Lansing Water Districts 80,415.58 Cherry Road Sewer 1,112381 Better Housing for Tompkins County 45,968.34 Trust and Agency 23,400.82 Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board : . . (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES OF NOVEMBER 17T H AND 29TH, 2004: A copy of the minutes of November 17th and 29th, 2004, having been provided to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 02 -231 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the minutes of November 17th and 291h, 2004 are hereby approved as submitted. Carried. BOARD MEMBER REPORTS: MARTY CHRISTOPHER: Gossett Center• The Gossett Center and the Lansing Residential Boards have combined and have had their first meeting together. Mr. Christopher will keep the Board informed. CONNIE WILCOX. LansinjZ Fire District: Mrs. Wilcox stated that there is a lot going on with the Fire Department but will wait until she gets more information before she reports to the Board. 257 Continued, December 15, 2004 BUD SHATTUCK, S.P.CA. Agreement: Mr. Shattuck asked what the status of the agreement was. Mr. Krogh will contact the S.P.C.A. and report back to the Board. Solar Panels at the Highway Garage: There will be another meeting regarding the solar panels at the Highway Garage and Dave Herrick has been asked to attend. STEVE FARKAS. County Government Meeting: The first meeting was held on November 29, 2004. Different forms of County Government were discussed. The review of a County Charter was discussed. Traffic Fines: Mr. Farkas received a letter from Mike Muzzelo thanking the Town Boards regarding the issues of traffic fines. Mr. Farkas stated that traffic fines will continue to be kept by the local government. I.T.C.T.C. MEETING. An update from the County shows they are moving forward on extending Warren Road to Benson Road and making it so there will be a connection from Peruville Road on through to Warren Road and continuing from there. EXECUTIVE SESSION: 04 -232 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at 10:14 p.m. to go into Executive Session to discuss a personnel matter and possible litigation. Carried. 04 -233 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be terminated and the Regular Meeting reconvened at 10:35 p.m. Carried. PUBLIC HEARING TO ESTABLISH RETIREMENT BENEFITS. RESOLUTION 04 -234 Resolution Approving Past Acts With Respect to the Town's Employee Medical Insurance Benefits and Setting Public Hearing for Consideration of Local Law to Establish Retirement Benefits for Qualified Individuals At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, 258 Continued, December 15, 2004 Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, The Town of Lansing (the "Town ") has provided the benefit of medical insurance to the Town's employees and retirees during 2004 and for a number of years prior to 2004; and WHEREAS, the Town adopted on July 17, 2002 and has distributed the Town's employee handbook (the "Employee Handbook ") to all of the Town's employees; and WHEREAS, section 806 of the Employee Handbook summarizes the terms and conditions of the medical insurance benefits that the Town makes available for the Town's current employees; and WHEREAS, section 807 of the Employee Handbook summarizes the terms and conditions of the medical insurance benefits that the Town makes available for the Town's retired employees; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that all of the past actions taken by the Town, and its Board Members, employees, elected officials, agents, and others acting on behalf of the Town, with respect to the provision of medical insurance benefits to the Town's employees and retired employees be and hereby are ratified and approved, effective immediately; and it is further RESOLVED, that the Town hereby adopts and incorporates the medical insurance summaries as such summaries are currently stated in sections 806 and 807 in the Town's Employee Handbook dated July 17, 2002 as the Town's two official statements concerning the Town's provision of medical insurance to the Town's employees and retired employees; and it is further RESOLVED, that the Town shall hereafter incorporate one separate line item in each of the Town's annual expenditure budgets that pertains to the cost of the Town's provision of medical insurance benefits to the Town's employees and a second, separate, line item in each of the Town's annual expenditure budgets that pertains to the cost .of the Town's provision of medical insurance benefits to the Town's retired employees; and it is further RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of January, 2005, at 8:05 o'clock P.M., to consider the aforesaid health insurance retirement benefits, and to formalize the same in a Town of Lansing Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. RESCIND RESOLUTION NO. 04 -214: 1 1 Continued, December 15, 2004 RESOLUTION 04 -235 Resolution Revoking Resolution 04 -214 Regarding Amendments to Post - Retirement Health Insurance Benefits At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of December, 2004, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: Douglas McEver, Councilperson; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, The Town of Lansing (the "Town ") has provided the benefit of medical insurance to the Town's employees and retirees during 2004 and for a number of years prior to 2004; and WHEREAS, on November 17, 2004 the Town Board revised the qualification requirements for post- retirement health insurance coverage; and WHEREAS, the Town desires to examine this issue further and provide ample notice of any changes to potentially affected participants; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that Resolution 04 -214 (dated and passed upon said November 17, 2004) be and hereby is rescinded, cancelled, and declared to be of no force and effect. 04 -236 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 10:40 p.m. Carried. 259