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HomeMy WebLinkAbout2007-06-20131 REGULAR TOWN BOARD MEETING DATE: June 20, 2007 TIME: 6:40 p.m. PLACE: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Continuation of Public Hearing on SEQR for Proposed CWD Ext. Public Hearing - Local Law No. 2 - Park & Rec. Rules & Regs. (6:05 p.m.) 6. Public Hearing - Local Law No. 3 - Swimming Pools (6:10 p.m.) 7. Privilege of the Floor: Anyone wishing to approach the Board 8, Engineer's Report 9, Planning Department's Report 10. Highway Superintendent's Report 114 Recreation Department's Report 12. Approve Audit 13. Approve Minutes of May 16"' and June 1st (2`1 meeting) 146 Any other business to come before the Board. 16. Town Counsel's Report 16, Board Member Deports 17, Executive Session if Needed 18. Adjourn Meeting 132 June 20, 2007 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Farkas presiding. Call. The Supervisor called the meeting to order and had the clerk take the Roll Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Donnie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present The Supervisor led all present in the Pledge of Allegiance. VISITORS: Charife Purcell, Dave Herrick, Duane Ray, Dan and Karen Veaner, Matt Cooper, Fred Schoeps, Virginia Could, Dave Heck, Brian Flannigan, Tom Besemer, Ed Wagner (7:04) Tony Hall, Bill Burin (7:1 8) and one or two other residents. Open Public Hearing on Negative Environmental Impacts for proposed WD Ext. No. 2: RESOLUTION 07 — 115 RESOLUTION, offered by Mr, Shattuck and seconded by Mr- Christopher, RESOLVED, that the continuation of the Public Hearing on proposed CVVD E t- No. 2 is hereby opened at 5 -M p -m. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Close Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson .. (Aye) Bud Shattuck, Councilperson (Aye) Donnie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor RESOLUTION 07-'116 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all people desiring to be heard, having been heard, the Public Hearing is closet) at 6,10 p,m, Mete of Town 130ard . Vote of Town Board , Vote of Town Board . Mote of Town Board . Mote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Are) Stephen Farkas, Supervisor Declare Negative Environmental Impacts For Proposed CWQ Ext. fro. 2: RESOLUTION 07417 1 133 RESOLUTION DECLARING NEGATIVE ENVIRONMENTAL IMPACTS FOR PROPOSED CWD EXTENSION NUMBER 2 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and Matthew Besemer, Councilperson having recused himself from the discussion and vote upon this Resolution and matter; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox, j and the vote was as follows: Steve 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 Developer of the Drake Road Subdivision, and other affected and nearby residents, having petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed CWD Extension covering a portion of Drake Road in the Town of Lansing, known as CWD Extension 2 (herein, the "District Extension "), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town Board met with the affected residents to share information received from the Town Engineer regarding a preliminary feasibility study, and the Town having held public information sessions about the proposed District Extension, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project; and WHEREAS, the Town authorized the Town Engineer to prepare a Map, Plan and Report ( "MPR ") for the proposed district by Resolution Number 0742 of February 22, 2007, and the Town Engineer having expressed no special concern other than determining the EDU costs thereof, and said Engineer having completed the MPR and having filed the same with the Town Clerk, which MPR contains a description of the boundaries and conditions of the District Extension; and WHEREAS, the expansion of the CWD into the affected areas is declared and deemed to be in the public interest; and WHEREAS, the Town desires to proceed towards establishment of the District Extension pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the said MPR has been reviewed and deemed preliminarily feasible, and that the MPR complies with the requirements of Section 209 et seq. of the Town Law, and the MPR was approved by Resolution 07 -62 (March 21, 2007); and WHEREAS, a Public Hearing was duly held at 6:15 p.m. on April 18, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons interested in the subject hereof were heard, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board, by Resolution 07 -62 (March 21, 2007), adopted an Order pursuant to Town Law §209 -d, and is proceeding towards establishment of the proposed District Extension; and WHEREAS, the Town Board determined that this action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); and WHEREAS, a Notice of Intent was duly delivered to all involved and interested agencies, including the Southern Cayuga Lake Intermunicipal Water District, the NYS Department of Environmental Conservation, NYS Comptroller's Office, the Tompkins County Department of Health, the Town of Lansing Planning Board, 2 134 the Village of Lansing, the Town of. Dryden, the Town of Ithaca, and the Village of Cayuga Heights; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 16th day of May, 2007, at 6:05 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed creation of CWD Extension #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law, and WHEREAS, upon the evidence given at such public hearing, and after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact: accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that the impacts of the proposed project were identified as traffic, noise and sediment and silt runoff from construction, which impacts will be (i) mitigated by Stormwater laws and permitting, and (ii) temporary in nature, such that these impacts are deemed non - material and not significant; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York, and all Regulations promulgated thereunder, and that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated thereunder, and the Town Board, as Lead Agency, hereby makes a negative declaration of environmental impact; and it is further RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2. The Town Supervisor of the Town of Lansing. 3. All Involved and Interested Agencies. 4. Any person requesting a copy; and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. SEQRA: [ Inlisted Declare Negative Declaration of Environmental Impacts For Proposed Drainage District No. 3: RESOLUTION 07 418 RESOLUTION DECLARING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR PROPOSED DRAINAGE DISTRICT # 3 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and Matthew Besemer, Councilperson having recused himself from the discussion and vote upon this Resolution and matter; and the following members being absent: none; and the following motion for a Resolution was duly 3 135 made by motion of Francis Shattuck, and was drily seconded by Martin Christopher; and the vote was as follows: Steve Farkas - aye; Francis Shattuck aye, Connie VV ilco — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -D, and was duly adopted, WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and WHEREAS, the Right of Way and Easement proposed to be granted by the developer will specifically provide for re- dedication to any future Drainage District formed by the Town; and WHEREAS, the Developer of the Cottonwoods Subdivision having petitioned for the creation of a Drainage District, herein Drainage District #8, and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of proposed Drainage District #; and WHEREAS, the Lansing Town Board drainage district was needed for the previously authorized the preparation o Resolution 07 -86 (April 18, 2007), and accepted the MPR as fina[L and having previously determined that a Cottonwoods Subdivision, and had a map, plan and report ( "PR") by he Town Board having reviewed and WHEREAS, the Town desires to proceed towards establishment of Drainage District 3 pursuant to the provisions of Town Law Article 12- ; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, by Resolution 07 -94, pursuant to an Order issued under Town Law §200 -d, a Public Hearing was duly noticed and held at 6,20 p.m, upon April 18, 2007 at the Lansing Town Hall, 28 Auburn Road, Lansing, New York, whereat all persons interested in the subject thereof were heard; and WHEREAS, the Town Board declared its intent to act as lead agency for the environmental review of the project, and in furtherance thereof provided notices and postings regarding the environmental review of the project, held information sessions and invited comment from affected residents, and duly heard all persons interested in the subject hereof; and WHEREAS, the Town Board determined that this action is classified as an Unlisted Action pursuant to 6 NYCR R Part 617.2 (ak); and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impacto accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is declared to be the Lead Agency, and it is further RESOLVED identified as impacts will temporary in significant; a AND DETERMINED, that the impacts of the proposed project were traffic, noise and sediment and silt runoff from construction, which be (i) mitigated by Storm Ater laws and permitting, and (ii) nature, such that these impacts are deemed non - material and not id it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the Mate of New York, and all Regulations promulgated thereunder, and that the project complies with the requirements of the New 'York SEOR Act, and the Regulations promulgated thereunder, and the Town Board, as Lead Agency, hereby makes a negative declaration of environmental impact; and it is further CI f 136 { RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies: 6- The Town Clerk of the Town of Lansing, The Town Supervisor of the Town of Lansing - 7. All Involved and Interested Agencies. S. Any person requesting a copy; and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 638, Albany, New York 12233 -1750 in accord with NYC RR 617,12, E( R : Unlisted Agprove Drainage District No; 3 (Oottonwood& RESOLUTION 07 119 RESOLUTION APPROVING DRAINAGE DISTRICT # (COTTONWOODS) 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 20th day of June, 2667, the following members being present; Stephen Farkas, Supervisor; Francis Shattuck, ouncilperson; Connie Wilcox, Councilperson, and Martin Christopher, ouncilperson; and Matthew Besemer, Councilperson having recued himself from the discussion and vote upon this Resolution and matter; and the following members being absent: none; 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, Steve Farkas - aye; Francis Shattuck — aye, Connie Wilcox — aye, Martin Christopher — aye, and the following Resclu #ion therefore passed 4 -0, and was duly adapted: WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and WHEREAS, the Right of Way and Easement proposed to be granted by the developer specifically provides for re- dedication.to any future Drainage District formed by the Town; and 11VHEREAS, the Developer of the Cottonwoods Subdivision having petitioned for the creation of a Drainage District, herein Drainage District #3, and the Lansing Town Board having received input and assent to proceeding by the proposed affected property owners for the establishment of proposed Drainage District 3, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Cottonwoods Subdivision, and had previously authorized the preparation of a map, plan and report ( "IMPR °) by Resolution 07-86 (April 18, 2667), and no request for a referendum being filed or required, as the Developer has by contract agreed to pay the expenses of the MPR in the event Drainage District is not formed, and the Town Board having reviewed and accepted the MPR as final; and WHEREAS, the creation of a Drainage District is deemed to be in the public L nterest, and in the interest of the affected property owners proposed to be included in such district, and the Town Board had previously declared and described the boundaries of the proposed district include all properties defined, 5 137 drawn and described in the MPR, determined that no improvements were proposed as they have all been already installed by (or will be paid by) the Developer, and the Town Board having determined that the costs to a typical property include no construction or financing costs, and only include operation and maintenance costs for the maintenance of the improvements already existing, with such first year annual costs estimated to be $138.42, and ordered a copy of the MPR to be filed at the Town Clerk's Office in accord with law, and determined that all properties included were benefited and that the district was in the public interest; and WHEREAS, the Town desires to proceed towards establishment of Drainage District #3 pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, this matter was made subject to environmental review under SEQRA, and the Town Board, as Lead Agency, duly made a negative declaration of environmental impact; and WHEREAS, the Town determined that (i) the of the Town Law, and in the proposed district (iii) all benefited parse from such district; and Board duly issued an Order under Town Law §209 -d and final Map, Plan and Report comply with the requirements (ii) is in the public interest and to the benefit of all parcels to establish the Town of Lansing Drainage District #3, and Is are included, and no benefited parcels were excluded, WHEREAS, a Public Hearing was duly held at 6:20 p.m. upon April 18, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and all persons thereat were duly heard, and WHEREAS, it was determined that: (1) the boundaries of the proposed district are inclusive of the following tax parcel number, and the assessment map and property descriptions therefor, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 35. -3- 13.12; all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) the proposed improvements consist of stormwater facilities and drains, all of which are set forth upon the Cottonwood Subdivision Plat, which is expressly herein incorporated herein as now exists or as hereafter amended; all costs of installation will be paid for by the Developer pursuant to the Town's Stormwater Local Law and NYSDEC GP- 02 -01. The Town's maintenance responsibilities are set forth in such Local Law and include inspections, sediment and debris removal, vegetation management, animal and nuisance management; erosion control; and structural repairs: (3) the estimated cost of the proposed improvements is $0.00, which is the maximum amount proposed to be expended; (4) there is no hook -up cost to the drainage district; (5) there is no financing needed for this project; (6) the Map, Plan and Report are and have been on file for public review and inspection at the Office of the Town Clerk as required by law; (7) the Map, Plan and Report describe in detail how the financing, hook -up costs, and other costs and expenses, were estimated and computed, including the first year's estimated average maintenance cost of $138.42 (with actual costs varying per parcel size, from a low of $129.38 to a high of $132.21); such costs are proposed to be paid through special benefit assessments for the benefited parcels of the proposed district, to be collected with the annual Town and County tax bill; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby: RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient; (ii) all property and property owners within the proposed Drainage District #3 are benefited thereby; (iii) all benefited properties and property owners are included within the said [:1 138 District; and (iv) the establishment of Drainage District #3 is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of each and all of following tax parcel numbers, and the assessment map and property descriptions therefor as are on file with the Tompkins County Clerk's Office: 35. -3- 13.12; all as shown on the District Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the establishment of Town of Lansing Drainage District #3 be and hereby is approved; and it is further RESOLVED, that this Resolution is subject to permissive referendum pursuant to Town Law §209 -e and Town Law Article 7. Dated June 20, 2007 Open Public Hearing on Proposed Local Law No. 2 for the Year 2007: RESOLUTION 07 —120 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on Proposed Local Law No. 2 of the Year 2007 is hereby opened at 6:16 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 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 Close Public Hearing: RESOLUTION 07 — 121 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:20 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 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 Local Law No. 2 of the Year 2007: RESOLUTION 07 -122 RESOLUTION ADOPTING LOCAL LAW # 2 OF 2007 (Town Parks and Recreation Area Rules and Regulations) 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, F 139 Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Matthew Besemer; and the vote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has determined that the preservation of Town Parks, open areas, recreational fields, Salmon Creek (and other waterways and watercourses), and the shorelines of Cayuga Lake is of paramount importance to the residents of the Town of Lansing as these properties benefit the Town by providing unique ecological characteristics and recreational opportunities. Thus, any damage or destruction to these areas and any improper or dangerous conduct will weaken these benefits and pose a danger to the health, safety and welfare of Town residents; and WHEREAS, the Town has been developing, since the licensing of Salt Point from the NYS DEC (which required the adoption of a management plan and park rules), uniform rules for all Town parks and recreation areas; and WHEREAS, said Parks and Recreation Local Law proposes to (1) repeal Local Law #3 of 2004 (relating to Park user fees), (2) set forth definitions for Parks, events, objects, persons, and prohibited behaviors in Town Parks, (3) to proscribe and /or regulate certain conduct in Town Parks, including, but not limited to, unlawful entry, trespass, parking, housing, compliance with orders of police officers, disorderly behavior, solicitation, use of park properties, public lewdness, loitering for illegal purposes, unreasonable noise, commercial activities, signage, driving and passage of vehicles and bicycles, swimming, construction, excavation, defacement, graffiti, hunting, fishing, weapons and explosives, camping, open and contained fires, gambling, games and toys, animals, aircraft, sales and hawking, alcohol and controlled substances, special events, and mass gatherings, among others, (4) establish park user fees, (5) permit the Parks and Recreation Department to set fees annually, (6) establish special rules for individual parks and recreation areas, (7) empower certain persons to enact additional rules and regulations, enforce the Local Law, designate park uses and areas, close parks and recreation areas for cause, and issue permits and variances, (8) provide for permit and variance procedures, and related hearing and appeals processes, (9) set forth civil and criminal penalties for violations of this Local Law, including monetary fines and imprisonment, (10) provide for limited liability for the Town, (11) provide procedures to amend and preserve this Local Law, and (12) provide for an effective date hereof; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20t" day of June, 2007, at 6:05 o'clock P.M., to consider the Adoption of Local Law Number 2 of 2007, and all persons interested in the subject hereof were duly heard; and WHEREAS, upon due deliberation thereon, 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 2 of 2007, as set forth in its entirety below: "TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2007 RULES AND REGULATIONS FOR CONDUCT AND OTHER ACTIVITIES IN PARKS OF THE TOWN OF LANSING SECTION 1. TITLE & APPLICATION - This Local Law shall be known as "Local Law Number 2 of 2007 ". This Local Law hereby repeals any prior Local Law or Ordinance that is inconsistent herewith. This Local Law repeals Local NO 140 Law #3 of 2004 (Park User Fees), This Local Law applies only within those areas of the Town of Lansing, in Tompkins County, New York, that are outside the incorporated boundaries of the Village of Lansing. SECTION 2: PURPOSE — The preservation of Town Parks, open areas, recreational fields, Salmon Creek (and other waterways and watercourses), and the shorelines of Cayuga Lake is of paramount importance to the residents of the Town of Lansing. These properties benefit the Town by providing unique ecological characteristics and recreational opportunities. Any damage or destruction to these areas and any improper or dangerous conduct will weaken these benefits and pose a danger to the health, safety and welfare of Town residents. It is imperative to the integrity of these unique areas that they be safeguarded for the benefit of the Town, its residents, and the future residents of the Town and other users. SECTION 3: CONSTRUCTION AND SCOPE OF RULES — This Local Law shall be construed as follows: (1) any term in the singular includes the plural; and (2) any term in the masculine includes the feminine and neuter; and (3) any rule or regulation relating to any act covers the causing, procuring, aiding or abetting, directly or indirectly, of that act, including allowing a minor child to do that act; and (4) no provision herein shall make unlawful any act necessarily performed by any officer or employee of the Department or the Town in the line of duty or work, or by any Person in the proper and necessary execution of the terms of any agreement with the Department or the Town; and (5) these Rules are in addition to and supplement all municipal, state and federal laws and ordinances; and (6) subject and paragraph headings are for convenience only and shall not be used or construed to define or limit the meaning or application of any text thereunder. SECTION 4: DEFINITIONS — The terms used in this Local Law shall have the meanings set forth below: Aircraft. "Aircraft" means any contrivance, now or hereafter invented for navigation of or flight in the air, including balloons, planes, jets, helicopters, gliding devices, parachutes, and ultralight aircrafts. Authorized Person. "Authorized Person" means any Person holding a Permit or Variance to permit or allow their presence or activity in a Town Park, or any Person who may undertake any action by virtue of (i) employment and /or authorization by the Town, or (ii) being a New York State Police or Peace Officer, or (iii) being an employee or officer of the New York State Department of Environmental Conservation, or (iv) being otherwise authorized or permitted to be present or to act by any law, rule, ordinance, or regulation of the Town, the County of Tompkins, the State of New York, or of the United States. Authorized Swimming Areas. "Authorized Swimming Areas" are those designated as such by the Department. Certified. "Certified" means, as to any product or thing, a product or thing that has or bears a safety or performance certification from UL, ETL, NFSI, ANSI, or other similar certification from an OSHA (the Occupational Safety and Health Administration) certified NRTL (Nationally Recognized Testing Laboratory). Department. "Department" refers to the Town of Lansing Department of Parks & Recreation, and any or all successor agencies. Demonstration. "Demonstration" means a group activity of 15 or more persons, including, but not limited to, a meeting, assembly, protest, rally, march, or vigil which involves the expression of views or grievances. 9 141 Disorderly Behavior, "Disorderly Behavior" means (i) disorderly behavior as defined by the New Yark State Penal Law, andlor (ii) any of the following behaviors, (a) to throw stones or other missiles, or interfere with, encumber, obstruct or render dangerous any Park Road, Park facility, driveway, roadway, path, walkway, or area of a Park; or (b) to climb upon any wall, fenoer shelter, cabana or other structure not intended as a climbing apparatus; or (c) to participate in, instigate, aid, or encourage a contention or fight, or (d) to assault or harass any Person; or (e) to spit on or in any building, walkway, platform or stairway; or (f) to enter or attempt to eater any facility, area, or building that is sealed, locked or otherwise restricted from access; or (g) to engage in a course of conduct or commits acts that unreasonably alarm or annoy another Person, or (h) to engage in any form of sexual activity, legal or otherwise, 1rn a Park; or (i} to engage in a course of conduct or commits acts that endanger the safety of any other Person, or {�) to injure, deface, disturb, or befoul any part of a Town Park or any building, structure, sign, equipment or other property found therein, or to remove, cut down, cart, injure or destroy any tree, flower, shrub, ornament, statue, fence, bridge, structure or other property within any Park; or (k) to engage in the utterance of any excessive vulgar, alarming, or inciting words as are likely to disturb the peace or cause or incite a riot, fight, or other breach of the peace or law; or (I) to fail to remove any refuse, litter, signs, or other personal property or items. Dumping, "Dumping„ refers to the unauthorized disposal of refuse in an amount totaling one cubic foot or more- Littering. "Littering" refers to the unauthorized disposal of refuse in an amount totaling less than one cubic foot, whether by the failure to place such refuse in an approved receptacle, abandoning such refuse, or otherwise, Motor Vehicle. "Motor Vehicle" refers to any automobile, truck, motorcycle, moped, boat, or other vehicle propelled by a motor. Park or Parks. "`Park" or "Parrs" signifies public parks, beaches, waters and land under water, pools, boardwalks, playgrounds, recreation centers, athletic fields (and ball fields) and all other property, equipment, buildings and Park Facilities now or hereafter under the jurisdiction, charge, or control of the Town cr the Department, Park Facility. "Parr Facility" rneans any improvement to real property within any Park, including, but not limited to, pavilions, buildings, boat 10 142 launching, docking, or wharfage facilities, athletic and ball fields, stands, marina, campsites, RV sites, and the like, Park Road_ "Park Road" means any road through or within a Park used for Motor Vehicle traffic, Park Sign, "Park Sign means any placard, notice, or sign duly posted by the Town Board or the Department, Permit. "Permit °, unless otherwise specified, means any written authorization issued by or under the authority of the Department for a specified privilege, or event, including the Demonstrations, Special Events, and the performance of a specified act or acts in any Park or on any Park Road_ Person, "Person" means any natural person, corporation, society, organization, company, association, firm, partnership, or other entity, Police Officer. "Police Officer" refers to any New York State police or peace officer, including any Town Constable_ Review Board. "Review Board" means a panel of three persons, two of which are Town Board members, and the third of which is designated by the Town Board, that hears appeals in relation to Permits and Variances, Rules, " Rules ", unless otherwise specified, refers to any rule or regulation established pursuant to this Local Law_ Bound Reproduction Device, "Sound Reproduction Device" includes, but I s not limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, cassette, or disc player, speaker device or system, and any sound amplifier_ Special Event_ "Special 'Event" means a group activity including, but not limited to, a performance, meeting, assembly, contest, exhibit, ceremony, parade, athletic competition, reading, or picnic involving more than 30 people for which the use of Park Facilities is requested or required, Special Event shall not include casual park use by visitors or tourists. Town, "Town" shall mean the Town of Lansing, Tompkins Counter, New York. Town Board. "Town Board" shall mean the Town Board of the Town of Lansing, Tompkins County, New York, Unreasonable Noise, "Unreasonable Noise" means; (i) a level of sound or noise as may or will cause public inconvenience, annoyance or harm; or (ii) any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable Person of normal sensitivity, or. {iii} any excessive or unusually loud sound that injures or endangers the health or safety of a reasonable Person of normal sensitivity; or (iv) any excessive or unusually loud sound that causes injury to plant or animal life, or damage to property or business; or (v) the playing or operation of any Sound Reproduction Device, musical instrument, or drum in an unreasonable manner that disturbs any other Person, unless played or operated pursuant to and in compliance with a Permit, Variance, "Variance" means a written exception or exemption from any one or more requirements of this Local Law. 11 143 SECTION 61 PROHIBITED ACTS AND CONDUCT The following acts, behaviors, and events are prohibited, and the violation hereof shall be and be deemed a violation of this Local Law: A. GENERAL CODES OF CONDUCT AND BEHAVIOR (1) No Person shall make use of or gain admittance to, or attempt to use or gain admittance to, any Town Park, or any Park Facilities, for which a charge or fee must be paid unless he shall first pay the applicable charge or fee, (2) Town Parks may only be used during their open hours_ Any Person, other than an Authorized Person, found in any Park after the Park is officially closed %to the public shall be considered a trespasser and shall be subject to ticketing or arrest, as applicable in accord with law, "Officially closed" shall mean closed by the terms of an applicable law, rule, resolution, or regulation of the Town, or closed based upon the signage and/or notices posted at the Town Park in question_ (3) Any Person entering or leaving a Town Park shall use only the ingress and egress Park Roads, pathways, or areas provided or designated for such purposes. (4) No overnight parking or housing shall be allowed except for an Authorized Person or pursuant to a Permit or Variance. (5) No Person shall disobey (i) a lawful Peace officer, or Town Constable, or (ii) a Department, or any agent thereof employ opacity, or (iii) the directions of any Park Person violate any applicable Local, County, statute, ordinance, rule or regulation, order of a Police or lawful directive of the red in a supervisory Sign_ Nor shall any State or Federal law, (6) No Person shall engage in Disorderly Behavior, (7) No Person shall solicit for hire passengers for any vehicle or Motor Vehicle, (8) No Person shall hitchhike in any bark_ (g) No Person shall obstruct pedestrian or Motor Vehicle traffic, (10) No Person shall use any water pool, sprinklers, reservoir, lake or any adjacent to any Park for the purpose of or his clothing or other personal belong water has been specifically designs purposes (i.e,, bathroom, shower room, fountain, drinking fountain, other water contained in or washing or cleaning himself ings, unless the use of such ited for personal hygiene wash basins, etc.). (11) No Iverson shall urinate or defecate in any Park, or in or upon any park building, monument, structure, or Park Facility, except in a Park Facility which is specifically designed for such purpose, (12) No Person may engage in loitering for illegal purposes in a Park. Any Person in any Park shall be guilty of loitering for illegal purposes who' (i) loiters or remains in a Park for the purpose of engaging, or soliciting another Person to engage, in sexual activity, or (ii) loiters or remains in any Park for the purpose of unlawfully using, possessing, purchasing, distributing, selling or soliciting 1 144 marijuana or any other controlled substance, as defined by and in the New York State Penal Law_ (13) No Person may dress, undress, or present in such manner that genitalia are unclothed or exposed. (14) No Person shall past, display, affix, construct or carry any placard, flag, banner, sign, or model, or display any such item by means of aircraft, kite, balloon or other aerial device, in, on, or above the surface of any Park for any purpose whatsoever without a Permit, (15) No Person shall make, or cause or allow to be made, Unreasonable Noise. (1 6) Any Person bringing a bicycle into any Park shall obey all Park Signs pertaining to the use of bicycles. No bicycle shall be ridden or otherwise operated in vegetated areas, play areas, or upon any playgrounds, No Person shall operate a bicycle in a reckless manner, No Person riding upon any bicycle shall attach himself or his bicycle to the outside of any Motor Vehicle. Bicyclists shall yield the right of way to pedestrians_ B. MOTOR VEHICLES (1) No buses or commercial trucks with a grass empty weight greater than 2 tons shall enter any Park, unless (i) granted a Permit or Variance, or (ii) for emergency purposes, or (iii) granted permission from the Department_ () All laws contained in the New York State Vehicle and Traffic Law shall apply in Town Parks and upon Park Roads, The Town Board and the Department may provide for such additional directives or directions for the control of traffic and Motor Vehicles as are deemed necessary or convenient for the benefit of the Park anWor for the safety of Persons in the Park, including, but not limited to, posting such directives or directions upon Park Signs. (3) Parking is permitted in designated parking areas only, and only during the hours of operation of such Park. No Person shall use any area of a Park, including designated parking areas, for commercial or illegal purposes, nor for the purpose of performing non - emergency automotive work, including, but not limited to, vehicle maintenance, repairs; or cleaning, (4) The maximum speed limit through any Park shall be the lesser of the posted: speed limit or 10 miles per hour_ (b) Motor Vehicles may not be operated on any lawns or vegetated surfaces. (6) No Person shall land a boat of any kind, other than a human - powered boat (such as a kayak, canoe, rowboat or pedal boat that has no motor) on any Park shore except at designated landing areas or marinas, except in the case of an emergency, Boating in any Authorized Swimming Areas is prohibited_ (7) No Motor Vehicle may be operated in, or brought into, any Park unless such Motor Vehicle is properly registered and insured, G. DUMPING AND LITTERING 1 145 (1) No Person shall engage or assist in any Dumping or Littering in any Park. Every Person shall use receptacles provided for the disposal of refuse. No Person shall deposit household or commercial refuse in any Park. (2) No Person shall throw, drop, allow to fall, discharge into or leave in the waters within or adjacent to any Park any substance, liquid or solid, which (i) may or will result in the pollution of said waters; or (ii) may or will harm any animal or plant. (3) No Person shall, within or adjacent to any Park, store or leave unattended personal belongings. D. CONSTRUCTION, EXCAVATION, AND DEFACEMENT (1) No Person shall erect any structures, stands, platforms, or any other structure, or perform or cause to be performed construction work of any kind, or any work incidental thereto, including the storage of materials, in any Park except pursuant to a Permit. (2) No Person shall perform, cause, suffer or allow to be performed any excavations within or adjacent to any Park without a Permit. (3) No Person shall (i) injure, damage, deface, displace, remove, fill in, raze, destroy, or tamper with any Park Road, Park Sign, Park Facility, or Park driveway, roadway, path, bridge, walkway or property, nor (ii) take up, remove, or carry away trees, shrubs, turf or other materials; nor (iii) remove, deface, or destroy any structure, building, or any appurtenances connected with the Park or any other property or equipment, real or personal, owned by the Town. To "deface" includes the placement of graffiti or the obstruction or removal of any Park Sign, sign, or poster lawfully placed within the Park. (4) No Person shall post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement, or any writing whatsoever upon any structure, tree, stone, fence, thing or enclosure within any Town Park or upon any Park Road without a Permit therefor. E. USE OF WATERWAYS, STREAMS AND LAKES (1) No Person shall bathe, wade, or swim in any waters of any Park except (i) at such times and in Authorized Swimming Areas as the Department may designate, or (ii) for the purposes of lawfully hunting or fishing in Parks where hunting or fishing is permitted. (2) No Person may bring into or use any equipment in any waterway, stream or lake that may cause inconvenience or discomfort to any Person, except such equipment intended for the protection of life. "Equipment' includes, by way of illustration and not limitation, large artificial floats, spears, spear guns, air or gas tanks, or other apparatus used for skin or scuba diving. This provision does not apply to legal implements lawfully employed to fish or hunt in a Park where fishing and/or hunting is permitted. (3) No Person shall disobey the reasonable direction of a lifeguard; nor shall any Person falsely call for help or assistance, or stand, sit upon, or cling to lifeguard perches, or cling to or go into a lifeguard boat except in an emergency. M 146 F. HUNTING AND FISHING; FIREWORKS AND EXPLOSIVES (1) Hunting and fishing are prohibited in all Authorized Swimming Areas and in the Marina. (2) Each Person who shall fish or hunt in any Town Park (where allowed — See Section 7) shall (i) obey all posted guidelines, (ii) obey all requirements of this Local Law, and (iii) comply with all applicable local, State and Federal laws and regulations, including Title 6 of the New York State Environmental Conservation Law, and the regulations issued thereunder. (3) Each Person shall remove all fishing line fragments, lures, flies, and hooks from land and waters when the same have broken off or become disconnected from any rod, reel, hand line, tippet, or other device used for the capture of fish. The use of traps to catch fish, animals, frogs, or crustaceans in Town Parks is prohibited. (4) No Person shall have or carry, whether or not concealed upon his person, any pistol or revolver without a lawful carry permit therefor, whether or not loaded with ammunition or blanks. No Person shall bring into a Park, or have in his possession, any rifle, long gun, black powder rifle or gun, shotgun, fowling piece, air gun, spring gun, or other instrument or weapon in which the propelling force is combustible powder or pellets, a spring, or compressed air, unless such item is lawfully possessed and lawfully used and /or discharged in the course of lawful hunting or fishing activities. No Person shall fire or discharge any gun, pistol, firearm, slingshot, bow and arrow, crossbow and arrow or bolt, any rocket, torpedo or other fireworks or weapon of any description, unless (i) such Person is lawfully allowed to possess and discharge such device in the furtherance of any lawful act of hunting or fishing, or (ii) such Person is an Authorized Person lawfully discharging such device. (5) No Person shall bring into or have in any park or beach any explosives, including any substance, compound, mixture or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds, may react or decompose suddenly and generate sufficient heat, gas or pressure, or any or all of them, to produce rapid flame, combustion, and /or which could cause or administer a destructive blow to surrounding objects, animals, plants or persons, unless such substance, compound, mixture or article is lawfully possessed and lawfully used and /or discharged in the course of lawful hunting activities. G. CAMPING (1) No Person shall squat, tent or camp, or erect or maintain a tent, lean -to, shelter or camp, in any Park without a Permit. (2) No Person shall squat, tent or camp, or erect or maintain a tent, lean -to, shelter or camp, in any area of the Park not expressly designated for such use by the Department. (3) All rules as set forth in Schedule B ( "Campground Rules ") shall be observed by all Persons. The Department may amend Schedule B whenever applicable, and all Persons shall check with the Department to obtain the most recent version of Schedule B issued. H. FIRES 15 (1) No Person shall kindle, build, maintain or use a fire within the confines of any Park except (i) in grills provided for that purpose by the Department, (ii) in Certified devices, or (iii) in designated fire pits. (2) No Person shall remove, relocate, or change the size of any grill or fire pit. (3) No Person may use any fuel for any hire other than wood or charcoal. No paper, cardboard, or refuse may be burned in any grill, fire pit, or Certified device. Only lighting fluids specifically designed for camp fires or grills may be used to assist in the ignition or maintenance of any fire. (4) Any Person who starts or kindles any fire shall keep it under his continued care and direction and shall extinguish it before leaving the area of the fire or the Park. Fires may be kindled, started, and maintained only by a Person over the age of 16 years. (5) No fire shall be built within 10 feet of any Park Facility, tree, or building; nor beneath the branches of any trees or in or near any underbrush. (6) No Person shall throw away or discard any lighted match, cigar, cigarette, or other lighted, flaming, or object capable of starting any fire. Such objects shall be deposited in suitable receptacles. No Person shall dump, lay or place any hot coals, ashes, or embers in any location other than in Certified devices or grills and fire pits designated by the Department. I. GAMBLING (1) Gambling is prohibited in all areas of any Park. J. GAMES AND TOYS (1) Engine powered model airplanes, boats, cars and other powered objects may not be used within the boundaries of any Park without a Permit. (2) No Person may hit or strike golf balls within the boundaries of any Town Park without a Permit. (3) No Person may use any motorized scooter, go kart, ATV, snowmobile, motor bike, mini bike, or similar device within any Park, unless (i) upon a Park Road, where such device is registered for lawful use on public highways, or (ii) pursuant to a Permit. (4) No Person shall engage in any athletic game, use any game, device, toy, or sporting good, or conduct himself in such a way, upon land or in water, as to jeopardize his safety or the safety of any Person. K. ANIMALS (1) No Person owning or being a custodian or having control of any animal shall cause or permit the animal to enter any Park unless such animal is (i) a domestic animal or pet, or (ii) possessed under a valid permit, (iii) vaccinated against rabies, and proof thereof has been submitted to the Department and the vaccination number has been conspicuously noted upon the site reservation 16 147 148 L. IT confirmation sheet, and (iv) securely caged, confined, leashed, or tethered in accord with law and in such manner as to prevent such animal from escaping, harming any Person or animal, or harassing, chasing, or worrying any Person or other animal. No leash or tether shall be longer than 10 feet. All leashes and tethers must be personally held in the hand of the attending person whenever the animal is not upon the campsite registered to such animal's owner. (2) No Person shall allow any animal's waste or fecal matter to remain in the Park. All animal waste and fecal matter shall be promptly cleaned up and legally disposed of by such Person immediately after so deposited or excreted by such animal. (3) No Person shall feed any wild or feral animals in any Park, except unconfined birds using natural birdseed only. (4) No Person may ride a horse or other animal in any Park, unless (i) such Person has a Permit, (ii) such Person is an Authorized Person, or (iii) such horse or other animal is used to pull a carriage or sleigh, and such horse or other animal is equipped with hampers, diapers, or some other similar manure catching device which is effective in preventing manure from being deposited in the Park or on any Park Road. (5) Trained guide dogs for the blind or hearing dogs for the deaf are expressly exempt from all provisions of this subdivision. AIRCRAFT (1) No Person shall take off, land, upon, or within 1,000 feet of any emergencies or for a forced landing structural failure of the Aircraft. or operate any Aircraft in, park, except for genuine caused by mechanical or COMMERCIAL ACTIVITIES; SOLICITATION AND SALES (1) No Person in any Park shall post, paint, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular, or advertisement, or display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes, or operate any musical instrument or drum or cause any noise to be made for advertising purposes or for the purpose of announcing, attracting attention to, promoting, or calling the public's attention to any exhibition, performance, show, sale of goods or services, except pursuant to a Permit. (2) No Person shall conduct a private busines any part thereof, including, but not limited to, commercial advertising or publicity purposes, the of photographs, negatives or prints, instructions athletic activity or the sale of any item or service, to a Permit. s of any kind, or photography for sale or purchase in any sport or except pursuant (3) No Person shall use any Park for business or professional purposes involving the sale of any goods or the rendering of any service for a fee, or for the purpose of soliciting arms or contributions, except pursuant to a Permit. (4) No Person shall engage in any cinematic activity or production for commercial purposes without a Permit. 17 149 (5) No Person shall erect, install, set up, assemble or occupy any stand, stall, booth, tent, cart, Motor Vehicle, or other structure in any Park, or sell, vend, purvey, give away, offer for free or provide complimentarily goods or fare from any location, except pursuant to a Permit. (6) No Person shall engage in the non - commercial distribution of products or things without a Permit. N. ALCOHOL AND CONTROLED SUBSTANCES (1) No Person shall bring, possess, distribute, sell, solicit, or consume any alcoholic beverages into any Park without a Permit or a validly issued New York State Liquor License, unless expressly permitted by the rules of that Park (See Section 7). (2) No Person shall bring, possess, distribute, sell, solicit or consume marijuana or any controlled substance (as defined in the New York State Penal Law) in any Park. (3) No Person shall be or become intoxicated in any Park, nor be under the influence of alcohol, or any other intoxicant, to the degree that he may endanger or unreasonably annoy himself or any other Person. O. SPECIAL EVENTS, DEMONSTRATIONS AND POLITICAL ACTIVITIES (1) No Person shall conduct, hold, sponsor, or participate in any Special Event or Demonstration without a Permit being obtained at least 72 hours in advance of such event. All Mass Gatherings shall be subject to the Town's Mass Gatherings Local Law (Local Law #3 of 2006). (2) No Person may conduct, hold, sponsor, or participate in any meetings or assemblies, the performance of any ceremonies, the making of any speeches, the delivery of any addresses or harangues, the exhibition or distribution of any sign, placard, notice, declaration or appeal of any kind or description, conduct any exhibitions, exhibit or perform any dramatic performance or the performance, in whole or in part, of any interlude, tragedy, comedy, opera, ballet, play, farce, dramatic performance, concert, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, ropewalking or any other acrobatics or show of any kind or nature, or run or race any horse or other animal, or, being in or on a vehicle, race with another vehicle, horse, Person or animal, nor conduct any parade, drill, procession, or maneuver, without a Permit therefor being obtained at least 72 hours in advance of any such event. (3) Political activities imbued with First Amendment privileges shall be permitted at Town Parks, subject to the following requirements: (i) access to Town Parks is lawfully obtained in accord with, and consistent with, existing ordinances, laws, rules and regulations, and where required, a Permit or Variance is obtained; (ii) that with respect to the distribution of political material, each Person shall conduct himself in an orderly manner, shall endeavor to cause no discomfort or inconvenience to any other Person, and shall act reasonably to prevent Littering and Dumping of such materials; and (iii) that the dissemination or distribution of any political materials, flyers or bulletins shall be strictly prohibited within 100 feet of any waterway, creek or shoreline. 150 SECTION 6: PARK AND PARK FACILITY USER FEES - The fees listed in Schedule A apply to the use of the listed Park Facilities. The fees to be charged for access and use of Parks and Park facilities, and the availability thereof, may change as determined by the Department. SECTION 7: SPECIAL RULES FOR INDIVIDUAL PARKS: A. MYERS PARK: 1. No camping and no placement or erection of camping equipment is permitted to the north or east of the line of electric service pedestals in the camp ground area. 2. Alcohol is permitted in Myers Park only upon and in campsites, picnic areas, and pavilions. Alcohol is permitted to be possessed by persons using the park solely for launching vessels where consumption of such alcohol occurs (i) off park grounds, (ii) not within 200' of the shoreline of Cayuga Lake, and (iii) in accord with New York State law. No alcohol may be possessed or consumed at any lakefront area, nor along any beach or shoreline (including the shores of Salmon Creek and its tributaries), nor while in any waters of Salmon Creek and its tributaries, nor in any swimming area. 3. No Person may ride in or upon any boat, personal watercraft, trailer, or other watercraft while such boat, personal watercraft, trailer or other watercraft is being towed by any motor vehicle, whether being launched, loaded, traveling to or from any marina or launch, or otherwise. 4. Fishing is permitted in Myers Park. 5. Hunting is prohibited in Myers Park. B. SALT POINT PARK: 1. No alcohol may be possessed or consumed in Salt Point Park. 2. During lawful New York State hunting seasons, access to Salt Point Park may be allowed before park hours upon the written permission of the Department. 3. No Person may ride in or upon any boat, personal watercraft, trailer, or other watercraft while such boat, personal watercraft, trailer or other watercraft is being towed by any motor vehicle, whether being launched, loaded, traveling to or from any marina or launch, or otherwise. 4. No motorized boats, watercraft or vessels shall be launched from any marina, launch or shoreline of Salt Point Park. 5. Fishing is permitted in Salt Point Park. 6. Hunting is permitted in Salt Point Park. C. LUDLOWVILLE PARK: 1. Fishing is permitted in Ludlowville Park. 19 , Hunting is prohibited in Ludlowville Park. 151 3, Alcohol is permitted in Ludlowville Park only upon and in campsites, picnic areas, and pavilions, No alcohol may be possessed or consurned at any waterfront, while in any ateraY, nor along any beach or shoreline_ D, ATHLETIC AND BALL FIELDS; 1, Fishing and hunting are prohibited at all athletic and bail fields- 2. Alcohol is permitted at all athletic and ball fields when the athletic and ball fields are being used and are scheduled for use by persons over the age of 18 gears_ Consumption of alcohol is permitted only in strict accord with New York State law by Persons over the age of 21 years_ SECTION 8; ADDITIONAL POWERS In addition to any other power, right or privilege of the Town Board or the Department as provided in this Local Law or under New fork State Law, the Department and the Town Board shall have the following powers, rights, and privileges: A. The Town Board and the Department reserve the right to enact additional rules and regulations with respect to the use of Town Parks, Park Signs, Park Facilities, and Park Roads, Any Permit hereafter issued shall be issued subject to the holder thereof conforming to the rubs and regulations then in force and effect_ Such amended or additional rubs and regulations, to be effective, shall either (i) be incorporated into this Local Law by amendment hereto, or (ii) be posted on a sign or bulletin board within each affected Park, either at the entrance(s) thereof or upon or near any affected Park Road or Park Facility. Any violation of the requirements of such amended or additional rules and regulations shall be deemed a violation of this Local Law, B. The Department and/or the Town Board, or their designee (s), shall administer and enforce the provisions of this Local Law, including, but not limited to, the establishment and collection of fees, the preparation of Permit and Variance application forms, the review of Permit and Variance applications, the issuance and revocation of Permits and Variances, and the promulgation and enforcement of procedures to implement the provisions of this Local Law_ When the activities, behavior or conduct of any Person is determined to be in violation of this Local Law, or any rules or regulations promulgated under the authority of this Local Law, or when such acts are deemed to be disruptive to the surrounding neighborhood, or when such activities, behavior or conduct adversely affect any other Person, the Department and the Town Board, and/or their designee(s), shall have the authority (i) to cause such activities, behavior or conduct to cease and be terminated, or (ii) to expel the perpetrators of such activities, or (iii) where permitted by law, to arrest and detain such perpetrators, or (iv) to file a complaint against. such Person for the violation of this Local Law, D_ The Department shall designate the Authorized Swimming Areas, and all other areas to be used or occupied for picnics, outings, and events, E, The Department shall regulate the use of Park Facilities and Park Roads in order to prevent congestion and preserve the puce. F. Whenever a threat to public peace, health or safety exists in any Park resulting from any natural or unnatural cause, explosion, accident, 20 152 riot, assembly or unlawful assembly, or activity or unlawful activity, or as may arise from any other cause, the Department may close the Park or any part thereof and /or issue temporary rules and regulations, for such duration as the Department deems necessary to ensure the peace, safety and well -being of the public and /or any Persons. SECTION 9: VARIANCES, PERMITS AND APPEALS — Any Person may apply for a Variance or Permit: any Person denied a Variance or Permit may appeal such denial: any Person granted any Variance or Permit upon conditions that are believed to be unreasonable, arbitrary, or capricious, may appeal the conditions thereof, all pursuant to the provisions set forth below. A. VARIANCES — A Variance from the requirements or provisions of this Local Law may be granted by the Department for any just cause or reason. Any act or activity prohibited solely by this Local Law shall be lawful if performed in strict compliance with the terms and conditions of such Variance. The Department may, but is not required to, issue a variance where (i) there are significant practical difficulties or unnecessary hardships, not created or caused by the applicant, caused by compliance with the requirements of this Local Law, or (ii) where the peace, safety, beauty and utility of the Parks would be preserved, and not negatively impacted, by the issuance of, and compliance with the terms and conditions of, a Variance. Variances shall be applied for upon forms supplied by the Department. The Department may require a fee for the submission of a Variance application and /or for the issuance of a Variance. Once an application is complete, the Department shall grant, deny, or grant such Variance with conditions within 10 days. B. PERMITS - When any provision of this Local Law requires a Permit as a condition to the performance of any act or activity, no such act or activity shall be implemented or commenced prior to the receipt of such Permit from the Department. Rules and requirements relating to Permits, and their issuance and revocation are as follows: (1) Once an application is complete, the Department shall grant, deny, or grant such Permit with conditions within 10 days. A permit may be granted upon such terms and conditions as the Department shall reasonably impose. A Permit shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions of such Permit. A Permit may be denied for any reason. (2) Permits shall be applied for on forms prepared and provided by the Department, which forms shall require such information as the Department may deem appropriate for the review and evaluation of the Permit application. (3) The Department may require a fee for the submission of a Permit application and /or for the issuance of a Permit. (4) The Department may require an applicant or existing permittee to post a bond or other undertaking in an amount sufficient to ensure full compliance with the terms and conditions of the Permit. The decision of whether to require a bond or other undertaking will be based upon a review of the following factors: (i) the location of the event and such location's vulnerability to damage; (ii) whether the event or any activities associated with the event present a risk of property damage; 21 the number of people expected to be in attendanoe; 153 (iv) the type of supplles and equipment to be brought onto the site; (v) the number of days the applicant or permittee has or will occupy the site; (vi) the season in which the event will take place; and (vii) any other factor(s) deemed relevant or material by the Department, (5) The Department may require the applicant or any existing permittee to obtain liability insurance for the event, naming the Department and the Town as an additional insured. The Department may require the production and delivery of Certificate of Insurance evidencing such coverage. The decision on whether to require insurance will be based on the following factors- (i} whether the event err. any proposed or potential activities present a risk of personal injury or property damage-, (ii) whether the special event involves the sale of food or beverages, and the types of foods and beverages to be served, consurned, or available; (iii) whether the special event involves over 100 participants, or a large number of participants relative to the size of the site, (iv) whether the special event involves the use, transportation, or installation of heavy items or equipment, or the installation of a stage or other temporary structure; (v) any other factor(s) deemed relevant or material by the Department. (} No Person shall conduct any activity for which a Permit is required unless (i) such Permit has been issued; (ii) all terms and conditions of such Permit have been or are being complied with; and (iii) the Permit is kept on hand, at the event, so as to be available for inspection by the Department and its designees_ (7) Failure to comply Permit shall be a violation termination of -a Permit, it complied with the terms violated any law, ordinanc shall apply: with the terms and conditions of any of this Local Law, If, upon expiration or is determined that any permittee has not and conditions of the Permit, or has e, statute or rule, then the following rules (i) Any bond provided as security shall be forfeited and retained by the Town to the extent necessary to remedy or compensate the Town for the losses or damages caused or sustained by such acts, omissions, or violations (including incidental and consequential losses and expenses); and (ii) The permittee, together with his agents and employees, who Viofated such terms and conditions of such Permit, or who violated the provisions of any law, ordinance, statute or rule, shall be jointly and severally liable for any IM additional sum necessary to correct or compensate the Town for such losses and damages; and (iii) Neither the forfeiture of any security, nor payment or recovery for such losses or darnages, shall in any way relieve the permittee, and his agents and employees, from civil or criminal liability arising frorn the violation of any law, ordinance or rule_ (8) A Permit may be canceled at any time, with or without cause, by the Department, or its duly authorized representative. The issuance of a permit shall not imply, suggest, guarantee, or ensure that the Department cannot close or shut down a Park, or any park Road, Park Facility, or other area or facility thereof that becomes hazardous, dangerous, inappropriate, or unsafe for public use, utilization, or operation due to violations of law, inclement weather, fire, water, construction, or other adverse conditions or behaviors, D. APPEAL — Any Person aggrieved by the denial of a Permit or Variance, the revocation of any Permit or Variance, or any requirements or limitation imposed by any Permit or Variance, may appeal such dental or revocation to the Review Board in accord with the following procedures and requirements, (1) Any Person seeking to appeal must file a petition for appeal, the form of which shall be supplied by the Department. Such petition must concisely state the basis of the appeal, and describe the underlying denial, revocation, or condition appealed from. Such petition shall be verified and shall state the ground or grourtds upon which the appii0 @nt claims that the determination of the Department was erroneous, arbitrary or capricious. (2) Such petition) shall be filed with the Town Clerk within 20 days after notice of (i) denial of the application, or (ii) revocation or suspension of any Permit or Variance, or (iii) the granting of any Permit or Variance with conditions. (3) Within 20 days of the filing of such appeal with the Town Clerk, the Review Board shall' investigate the matter, and may hold one or more public or private hearings on the Ma tter. The Person who filed the appeal is entitled to (i) at least 10 days notice of any hearing, and (ii) be present at all such hearings -and meetings. Such notice shall state the name and address of the applicant concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy thereof to the applicant concerned at the address shown upon the application of such applicant at least 10 days before such hearing. Upon any hearing, the applicant involved shall be.entitled to be represented by legal counsel and to present whatever competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. (4) At the hearing, the Review Board shall consider the applicant's petition and,. in its discretion, may receive new or additional evidence in support or opposition thereof, The Review Board, after such hearing, may affirm the action of the Department, require the Department to grant or reinstate the Variance or Permit, or may take either of such actions subject to the elirnination or addition of such additional requirements as it deems necessary or desirable relative to any such Permit or Variance. 23 155 (5) A determination upon the appeal shall be made by the Review Board within 30 days of the filing of any appeal, unless the applicant and the Review Board agree otherwise. B No judicial review may be had or filed until the administrative appeal process outlined in this Local Lava has been completed, If the Review Board issues its decision and the applicant i9 still aggrieved, a review may be had by the applicant pursuant to Article 78 of New York's Civil Practice Law and Rules, SECTION 10: VIOLATIONS AND PENALTIES - In addition to any other right or remedy allowed by law or in equity, the Town Beard may 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 provision or requirement of this Local Law. Any violation or non - compliance with this Local Law may be restrained or otherwise abated in any manner provided by law_ In addition, the following fines and penalties may be imposed for the violation of, or non - compliance with, this Local law: A, First Violation: Any Person that violates any of the provisions of this Local Law shall be (1) guilty of a criminal offense and subject to a fine of not mare than $250.00 and/or a period of incarceration of not more then 10 days, or (2) subject to a civil penalty of not more than $250,00 to be recovered by the Town in a civil action_ Every such Person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each day that such violation, disobedience, ornission, neglect or refusal shall continue. B. Second Violation. Any violation that is found to have occurred within gears of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation_ Any Person that commits or permits any second violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $500.00 and/or a period of incarceration of net more than 90 days, or () subject to a civil penalty of not more than $750.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each day that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and /or be assessable for each day that such violation, disobedience, omission, neglect, or refusal shall continue. Third and Subsequent Violations: Any violation that is found to have occurred within 2 gears 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 Person who commits a third or subsequent violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine not more than $1,000,00 and a period of incarceration not to exceed 180 days, or (2) subject to a civil penalty of not more than $2,500.00 to be recovered by the Town of Lansing in a Civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each day that such violation, disobedience, omission, neglect or refusal shall continue_ Similarly, a separate Civil penalty shall apply and /or be assessable for each day that such violation, disobedience, omission, neglect, or refusal shall continue_ D, Any Person who has been held in violation of this Local Law may also be required to restore the Park, the property or land within or adjacent to the Park (including water and lands under water), Park Facilities, Park Roads, and any other improvements to the Park, to its undisturbed pre - violation condition. The Town may provide notice to such violator to remedy or pay for such restoration, and if such restoration or 24 156 reimbursement is not made within 20 days of such notice, the Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover its damages and/or the costs of such restoration, including all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees. SECTION 11: EXCULPATION - The Town shall not be responsible for loss of, or damage or theft to cars or boats and their contents, nor loss of, or damage or theft to any private property. Such loss or damage, whether inside of buildings or on the grounds of the Park, shall be the patron's responsibility. In no event shall the Town's liability exceed the sum of $150.00. Any Person parking, docking, or mooring Motor Vehicles does so at their own risk and without any liability on the part of the Town SECTION 12: AMENDMENTS — The terms, benefits, and provisions of this Local Law may be amended from time to time, in the discretion of the Town Board. Publication of a notice of public hearing pertaining to the amendment of this Local Law shall be and be deemed sufficient notice to any affected Person of any amendment(s) hereto. SECTION 13: SEVERABILITY - If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this Local Law shall be adjudged invalid by a court or other tribunal of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such invalidity 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. If any of the requirements of this Local Law, or the application thereof to any Person or circumstances, is held invalid, the said requirements shall remain valid and enforceable as to any other Person or other circumstances. SECTION 14: EFFECTIVE DATE - This Local Law shall be and become immediately effective upon filing in accord with § 27 of the Municipal Home Rule Law."; and it is further RESOLVED, that the Town Clerk shall file a copy of this Local Law with the NYS Attorney General as required by law. SEQRA: Type II Resolution Approving CWD Extension # 2 (Cottonwood)/: RESOLUTION 07 -123 RESOLUTION APPROVING CWD EXTENSION #2 (COTTONWOOD SUBDIVISION) At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; and Martin Christopher, Councilperson; and Matthew Besemer, Councilperson, having recused himself and not having participated in discussion or voting hereupon; and the following members being absent: none; 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: 25 157 WHEREAS, , the Developer of the Drake Road Subdivision, and other affected and nearby residents, having petitioned for an extension of the Town of Lansing Consolidated Water District (the " WD "), and the Lansing Town; Board having received input and assent to proceeding by the proposed affected property owners for the establishment of a proposed CVVD Extension covering a portion of Drake Toad in the Town of Lansing, Known as GWD Extension 2 (herein, the "District Extension "), and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town Board met with the affected residents to share information received from the Town Engineer regarding a preliminary feasibility study, and the Town having held public information sessions about the proposed District Extension, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project, and WHEREAS. the Town authorized the Town Engineer to prepare a Map, Plan and Report { "MPR ") for the proposed district by Resolution Number 0742 of February 22, 2007, and the Town Engineer having expressed no special concern other than determining the EDIT costs thereof, and said Engineer having completed the MPR and having filed the same with the Town Clerk, which MPR contains a description of the boundaries and conditions of the District Extension; and WHEREAS, the expansion of the CWD into the affected areas is declared and deemed to be in the public interest; and WHEREAS, the Town desires to proceed towards establishment of the District Extension pursuant to the provisions of Town Law Article 1 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS , the said MPR has been reviewed and deemed preliminarily feasible, and that the MPR complies with the requirements of Section 209 et seq. of the Town Law, and the MPR was approved by Resolution 07 -62 (March 21, 2007); and WHEREAS, a Public Hearing was duly held at 6:15 p_M, on April 18, 2607 at the Lansing Town Hall, 29 Auburn Road, Lansing, New fork, and ali persons interested in the subject hereof were heard, and to take such action thereon as is required or permitted by law; and WHEREAS, , the Town Board, by Resolution 07 -62 (March 21, 2607), adopted an Order pursuant to Town Law §209 -d, stating, among ether things, that. 1} The boundaries of the proposed District Extension are inclusive of the following tax parcel numbers, and the assessment reap and property descriptions therefor, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein; 31. -6 "8; 31, -6 -4; 31, -6 -5; 35__ 3 -13.2; 35, -3- 10,12; 7,1 =1 -191; 37.1- 1 -1,4; and 37,1- 1 -1.5; aIJ as shown on the District Extension Map on file at the Tort Clerk's Office, to which reference is hereby made and which reap is expressly herein incorporated; (2) The proposed improvements consist of the following estimated quantities of materials, 1,210 linear feet of 8" ductile iron pipe, 1 Connection to an existing 8" main, 3 fire hydrant assemblies; 2 8" gate valves; 5 3/4 " service connections; 130 linear feet of 3/4 P1 copper service tubing; 120 linear feet of 1/4 " copper tubing to be boredijacked under highway, 60 linear feet of 195" copper service tubing; 1,5° service tubing to be bored /jacked under public highway; and restoration of lawns and asphalt pavement (,5" depth, est. quantity 10 tons), all designed to extend municipal water to all and each parcel referenced above from existing water mains adjacent to the proposed District Extension; () The estimated cost of the proposed improvements is $169,800, which I s the maximum amount proposed to be expended; (4) The estimated cost of hook -up fees is $3,462,00 (Bolton Point connection fee of $250,00 + %" meter at $62,00 + Inspection fee of $170.00 + 1 1 s" service line extension from curb box to dwelling at NEV 1 (5) () F approximately 30 per linear foot with an average estimated distance of 100 feet ~ $3,000,00); The proposed method of financing the improvements is through the issuance of a 20 -gear serial bond {s} at an estimated interest rate of 5,5 %, with an estimated annual EDU capital cast of $626,00, with annual operation and maintenance casts to be reflected in quarterly water consumption bills, the annual average costs thereof based upon typical one and two family home users in this proposed district to be $132.00, for a total first year's cost of $058.00; The MPR is on file for public review and inspection at the Office of the Town Clerk, WHEREAS, the Town Clerk of the Town of Lansing, Tompkins County, New York, duly caused a copy of the Order to be published in the Town's official newspaper not less than 10 nor more than 20 days before such public hearing, . and posted notice of the same on the Town's official signboard not less than 10 nor more than 20 days before such public hearing; and WHEREAS, the Town Board conducted a SECRA review and completed an Environmental Assessment Form, and the Town Board reviewed the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and after due deliberation thereupon, having made a negative declaration of environmental I mpact by Resolution 07-117 of June 20, 2007; and WHEREAS, , the costs per EDU are above the NYS Comptroller's review threshold, such that an application to, and permission from, the NYS Comptroller is required; and WHEREAS, upon due deliberation upon the foregoing, and in compliance with Article 12 -A of the Town Law, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that, (i) the Notice of Hearing was published and posted as required by law, and was otherwise sufficient-, (ii) all property and property owners within the District Extension are benefited thereby; {iii) all benefited properties and property owners are included within the District Extension; and (iv) that the establishment of the District Extension is in the public interest, and it is further RESOLVED AND DETERMINED, that the boundaries of said District Extension are (i) wholly outside the boundaries of any incorporated city or village, and (ii) are defined as inclusive of the each and all of following tax parcel numbers, and the assessment map and property descriptions therefor as are on file with the Tompkins County Clerk's Office; 81, -8 -8; 81. -0 -4; 81, -6 -5; 05, -0 -18.2; 85.-0- 13.12, 3761- 1 -1.1; 37.1- 1 -1.4; and 37.1 -1 -1_ ; all as shown on the District Extension Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; and it is further RESOLVED AND SO ORDERED, that the establishment of Town of Lansing Consolidated Water District Extension Number 2 be and hereby is approved; and it is further RESOLVED AND SO ORDERED, that the said District Extension hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, at a cost not to exceed $169,800,00, which amount is proposed to be financed by the issuance of serial bonds of the Town, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said District Extension, which the Torn ward has determined, and hereby again determines, are especially benefited thereby; so much and from each as shall be in just proportion to the benefit thereof, each and all to pay the principal and interest upon said bonds, and it is further 7 159 RESOLVED AND ORDERED, that the Town Clerk shall file two certified copies of this Resolution with the New York State Department of Audit and Control (at the NYS Comptroller's Office) within 10 days hereof together with an Application containing (i) the items required by Town Law §209 -f(3 ), and (ii) such other information and itenns as required by the Comptroller's Regulations; and it is further RESOLVED, that this Resolution is subject permissive rofer, nclurn pursuant to Town Law §209 -e and Town Law Article 7. Oren Public Hearing on proposed Local Law No. 3 for the Year 2007: RESOLUTION 07 — 124 RESOLUTION, offered by Mrs- Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on Proposed Local Law No- 3 for the Year 2007 is hereby open at 6,23 p -m. Vote of Town Board Vote of Town , Board Vote of Town , Board , Vote of Town Board. Note of Town Board . Close Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor RESOLUTION 07 — 125 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Besemer; RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is closed at 6:25 p,m, Vote of Town Board . . Vote of Town Board . . Mote of Town Board - . Vote of Town Board . . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councliperson (Aye) Bud Shattuck, Councilperson (Aye) Connie VVilcox, Councilperson (Aye) Stephen, Farkas, Supervisor Approve Local Law No. 3 of 2007: s RESOLUTION 07 =126 RESOLUTION ADOPTING LOCAL LAW # 3 OF 2007 (Swimming Pools) 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 20th day of June, 2007, the following members being present; Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperscn; and Matthew Besemer, Councilperson; and the following members Toeing absent-, none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Markin Christopher; and the vote was as follows, Steve Farkas - aye; Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -01 and was duly adopted: WHEREAS, the Town of Lansing believes that many non - compliant swimming pools exist within the Town because the Building Codes allow construction permit m 160 renewals that can create a situation where the pool is under permit to be built, but also in use, even though compliance with the Building Codes does not yet exist or is not yet required; and WHEREAS, this situation poses a threat to the safety and health of residents of the Town of Lansing, and particularly to children in proximity to such swimming pools; and WHEREAS, said Local Law proposes to (1) define certain terms, including "Swimming Pool" (vessel contained water having a depth over 24" or an area exceeding 150 square feet), (2) require building permits for pools consistent with the NYS building and fire codes, (3) make such permits renewable for successive periods of time not to exceed 3 months per permit, with no more than 3 renewals of any permit, and completion being required within 12 months of the date of issuance of the first permit therefor, (4) require the issuance of Certificates of Occupancy or Certificate of Compliances, as applicable, (5) require the filling in or removal of any swimming pool for a failure to comply with the Local Law, (6) permit the setting of fees for permits and renewals, (7) provide inspection and enforcement powers, (8) provide for civil and criminal penalties and fines for violations, and (9) provide certain powers and protections to and for the Town; and WHEREAS, a Public Hearing was duly at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of June, 2007, at 6:10 o'clock P.M., to consider the Adoption of Local Law Number 2 of 2007, and all persons interested in the subject thereof were duly heard; and WHEREAS, upon due deliberation thereon, 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 2 of 2007, as set forth in its entirety below: "TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 3 OF 2007 CONTRUCTION AND INSTALLATION OF SWIMMING POOLS SECTION 1: TITLE & APPLICATION - This Local Law shall be known as "Local Law Number 3 of 2007". Local Law Number 3 of 2007 applies only within those portions of the Town of Lansing, Tompkins County, New York, that are outside of the Village of Lansing. This Local Law does not replace or supplant any requirements of the New York State Building and Fire Code and the New York State Energy Code (herein together, the "Building Codes "), nor any provision of Local Law Number 6 of 2006 (Code Enforcement) of the Town of Lansing. SECTION 2: PURPOSE — The Town of Lansing believes that many non- compliant swimming pools exist within the Town because the Building Codes allow construction permit renewals that can create a situation where the pool is under permit to be built, but also in use, even though compliance with the Building Codes does not yet exist or is not yet required. The Town Code Enforcement Office and the Town Board have determined, and hereby declare, that such problem poses a threat to the safety and health of residents of the Town of Lansing, and particularly to children in proximity to such swimming pools. SECTION 3: DEFINITIONS — The following terms and phrases have the following meanings: A. "CEO" means the Town Code Enforcement Officer, the Town Building Inspector, and /or the Town Electrical Inspector, and /or their respective designees. 29 B. "Person" shall mean any individual, corporation, limited liability company, partnership, cr other group or entity, 161 "Swimming pool" means any water (or body of water) contained by a vessel usually, but not exclusively, formed or constructed of steel, concrete or fiberglass that is capable of containing over 24 inches in water depth and /or which has a surface area exceeding 150 square feet_ D. "Town" means the Town of Lansing, New York, E, "Town Board" means the Town Board of the Town of Lansing, New York- SECTION 4- SWI M M ING POOL PERMITS - All Swimming Pools (and related appurtenances, water supplies, and drainage systems, and other features thereof} shall be constructed in conformity with the Building Codes and Town of Lansing Local Law #6 of 2006 (Code Enforcement). Notwithstanding any other requirement of law or of the Building Codes or said Local Law #6 of 2006, the following rules shall apply to the issuance and renewal of building and other permits for the construction of Swimming Pools; A. All permits shall be renewable for successive periods of time not to exceed 3 rnonths per permit. B, No more than 3 renewals of any permit shall be permitted. D. The Swimming Pool shall be completed within 12 months of the date of issuance of the first permit therefor. "Completed° means properly built and constructed, in compliance with the Building Codes and Local Law #6 of 24061 duly inspected, and for which a Certificate of Occupancy or Certificate of Compliance has issued, as applicable, D. If on the 12 month anniversary of the issuance of the first permit the Swimming Pool has not received a Certificate of Occupancy or Certificate of Compliance, as applicable, then the Swimming Pool shall be filled in with dirt and tightly tamped (or filled with another hard substance as approved by the CEO), or removed in its entirety_ E_ The CEO may set the fees for issuance of permits, and renewals thereof. SECTION 5= INSPECTION — The CEO shall have authority to enter upon any premises as may be deemed necessary to inspect work done and installations made under permits issued by the building department, SECTION : VIOLATIONS AND PENALTIES - In addition to any other right or remedy allowed by law or in equity, the Town Board may 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 provision or requirement of this Local Law, Any violation or non - compliance with this Local Law may be restrained or otherwise abated in any manner provided by law. In addition, the following fines and penalties may be imposed for the violation of, or non - compliance with, this Local Law, and the following rules applym A. Any Person that violates any of the provisions of this Local Law shall be (1) guilty of a criminal offense and subject to a fine of not more than $300.00, or (2) subject to a civil penalty of not more than $500.00 to be recovered by the Town 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 shell apply and/or be assessable for each week that such violation, disobedience, 30 162 omission, neglect or refusal shall continue. The Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover its damages and costs of enforcement, including, but not limited to, consequential and incidental losses, costs, expenses, and damages, and including reasonable attorneys' and experts' fees. B. The CEO shall have the power to issue appearance tickets as the same are defined in Article 150 of the New York Criminal Procedure Law. C. Nothing herein shall prevent the CEO from authorizing both criminal and civil proceedings at the same time. D. Until compliance with this Local Law has occurred, and any fine or penalty is fully paid (and. /or compliance with any court order occurs), the CEO may withhold the issuance of any permit or certificate. SECTION 7: EXCULPATION - The Town shall not be responsible for any loss, damage or injury to persons or property arising from or in connection with the enforcement or non- enforcement of this Local Law, but if any monetary liability is imposed, the award shall not exceed $1,000.00 per person per incident. If any such responsibility or liability is sought to be imposed, the Town shall not be responsible or liable unless it is proven that the Town acted intentionally or with reckless disregard. SECTION 8: AMENDMENTS — The terms, benefits, and provisions of this Local Law may be amended from time to time, in the discretion of the Town Board. Publication of a notice of public hearing pertaining to the amendment of this Local Law shall be and be deemed sufficient notice to any affected Person of any amendment(s) hereto. SECTION 9: SEVERABILITY - If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this Local Law shall be adjudged invalid by a court or other tribunal of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such invalidity 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. If any of the requirements of this Local Law, or the application thereof to any Person or circumstances, is held invalid, the said requirements shall remain valid and enforceable as to any other Person or other circumstances. SECTION 10: EFFECTIVE DATE - This Local Law shall be and become immediately effective upon filing in accord with § 27 of the Municipal Home Rule Law."; and it is further RESOLVED, that the Town Clerk shall file a copy of this Local Law with the NYS Attorney General as required by law. SEQRA: Type II Privilege of the Floor: Karen Veaner — Lansing Community Council: Mrs. Veaner, from the Lansing Community Council discussed the Harbor Fest that will take place on August 25, 2007, Mr. Farkas stated that he felt this will be very beneficial to the Town and thanked her for all of her efforts in making this come about. Dave Heck — Mowing by the Highway Department: 31 Mr. Heck thanked the Highway Department for the wonderful job they did on mowing at the bottom of Myers Road, at the four way stop before entering Myers Park. Old Chris n Greens Building: Mr. Heck felt this building was an eye sore and asked the Board if they could put pressure on the owner to clean it up. Mr. Shattuck stated that there is little that can be done on private property where there is no risk factor involved. Engineer's Monthly Report: Mr. Herrick went over the following with the Board: ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Town CWD, Extension #2 — Drake Road • SEQR determination. • Consider establishing district extension, • Discuss next steps. b. Town CWD, Ext #1 — Algerine Road • Topographic mapping was received June 7`h and preliminary plan of water main route is completed. • Review draft letter to landowners. • Review Project schedule. • Tasks to be completed in the next two weeks: =::> Begin discussions with landowners where easements are expected. => Update original 2005 cost estimate with current unit pricing. Dept. Obtain quotes for soil borings or coordinate with Town Highway _> Complete necessary documents for EFC for short term loan closing, C. Town CWD Boundary Expansion - Quigley • Review Engineer's Report and consider a date for SEQR determination and public hearing. d. Town CWD Schedule B (EDU Determination) • Review proposed revisions to Schedule B. • Consider a public hearing for July 18th. 2. Stormwater Planning and Maintenance a. Drainage District #3, Cottonwood Subdivision • SEQR determination. • Consider establishing drainage district. b. Drainage District #2, Whispering Pines • The developer is aware of the Town's interest in completing the repairs and modifications as soon as possible and is making arrangements with the contractor (Robinson). I Sanitary Sewer System Planning and Maintenance a. Sewer Committee • Next Committee meeting June 27th. Public Hearing for SEQR for Quigley CWD Boundary Chanae: RESOLUTION 07127 10% 163 164 RESOLUTION SETTING PUBLIC HEARING FOR SEQRA ENVIRONMENTAL REVIEW FOR PROPOSED QUIGLEY CWD BOUNDARY CHANGE ESTABLISHING NOTICE OF INTENT TO ACT AS LEAD AGENCY 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Quigley's (T.P. 34. -1- 17.10, 26 Lake Shore Road) currently receive water from the Town of Lansing Consolidated Water District ( "CWD ") by virtue of a connection across lands to Old Myers Road and have requested a new connection point and inclusion in the CWD; and WHEREAS, the existing line is leaking and needs to be replaced, but a closer and newer service connection point exists along Lake Shore Road, and WHEREAS, the Quigley property needs to formally enter the CWD in relation to such re- connection; and WHEREAS, the Town Engineer has prepared a map, plan and report ( "MPR ") for the establishment of the proposed extension by boundary line change for the CWD, and the same has been found feasible and is hereby approved; and WHEREAS, no request for a referendum was submitted or received in connection with the preparation of the MPR; and WHEREAS, the Town desires to proceed towards establishment of the CWD extension by boundary change pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the Town Board needs to conduct a SEQRA review to examine the environmental impacts of such proposed District Extension, and review the proposal in light of the Town's Land Use Ordinance and Comprehensive Plan, and accordingly, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that 1. This action is classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak); 2. The Town Board of the Town of Lansing proposes to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; 3. The Involved Agencies are determined to be the Southern Cayuga Lake Intermunicipal Water District, the NYS Department of Environmental Conservation, NYS Comptroller's Office, and the Tompkins County Department of Health; 4. The Interested Agencies are determined to be the Town of Lansing Planning Board, the Village of Lansing, the Town of Dryden, the Town of Ithaca, and the Village of Cayuga Heights, and it is further 33 165 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 18th day of July, 2007, at 6:05 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed CWD boundary change, 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, and it is further RESOLVED, that the Town Clerk immediately issue and deliver a Notice of Intent relative to Lead Agency status to all Involved and Interested Agencies. SEQRA: Unlisted Set Public Hearing for Quigley CWD Boundary Change: RESOLUTION 07 -128 RESOLUTION AND ORDER ESTABLISHING PUBLIC HEARING UPON QUIGLEY CWD BOUNDARY CHANGE 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Quigley's (T.P. 34. -1- 17.10, 26 Lake Shore Road) currently receive water from the Town of Lansing Consolidated Water District ( "CWD ") by virtue of a connection across lands to Old Myers Road and have requested a new connection point and inclusion in the CWD; and WHEREAS, the existing line is leaking and needs to be replaced, but a closer and newer service connection point exists along Lake Shore Road; and WHEREAS, the Quigley property needs to formally enter the CWD in relation to such re- connection; and WHEREAS, the Town Engineer has prepared a map, plan and report ( "MPR ") for the establishment of the proposed extension by boundary line change for the CWD, and the same has been found feasible and is hereby approved; and WHEREAS, no request for a referendum was submitted or received in connection with the preparation of the MPR; and WHEREAS, the Town desires to proceed towards establishment of the CWD extension by boundary change pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore 34 166 RESOLVED, that that the MPR be and hereby is deemed final, and the Town Clerk is directed to keep complete copies on file at the Town Clerk's Office for public review and examination; and it is further RESOLVED, that the Town Board of the Town of Lansing hereby finds that the MPR is complete and accurate, and has been prepared in accord with the NYS Town Law; and it is further RESOLVED AND DETERMINED, that this Resolution shall be and be deemed an "Order" as used in Town Law § 209 -d, and in furtherance thereof, the Town Board of the Town of Lansing declares as follows: 1. The CWD boundary shall be revised to include all those parcels of land as are described in deeds on file at the Tompkins County Clerk's Office for Town of Lansing Tax Parcel Number 34. -1 -17.10 (Quigley, 26 Lake Shore Road), which parcel is more particularly shown and described upon the map filed at the Town Clerk's Office. 2. The construction and improvements consist of a single user line that has been installed by the owner at the owner's sole expense. 3. The maximum amount proposed to be expended for improvements is $0.00 (the Quigley's have or will pay for all lines and hook -ups). One time hook -up and connection fees are estimated at $632.00, being comprised of Bolton Point connection fees of $250.00, the cost of a %1P meter at $62.00, an inspection fee of $170.00, and 150 feet of 1" service lines costing $150.00. No district financing is applicable to this project, all of which costs have been paid solely by the owner. 4. The Map, Plan and Report ( "MPR ") is deemed incorporated herein, and such MPR is available for public review and inspection at the Town of Lansing Clerk's Office. 5. A public hearing to consider and discuss the formation of the CWD Expansion by Boundary Change will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of July, 2007, at 6:10 o'clock P.M., whereat all persons interested in the subject thereof will be heard; 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 and 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) not more than 10 nor less than 20 days before the public hearing, in accord with law. SEQRA: Unlisted Schedule B: Dave went over the proposed definition of units for purposes of Consolidated Water District Charges. Mr. Besemer asked who would determine whether or not a business has employees. Mr. Herrick stated that the Code Enforcement Officer would take over this duty. Mr. Shattuck stated that he appreciates all of the hard work that went into this by Debbie Crandall, Sharon Bowman and Dave Herrick. Set Public Hearinq for Amendments to Schedule B: RESOLUTION 07A29 RESOLUTION ESTABLISHING PUBLIC HEARING FOR AMENDMENT TO SCHEDULE B DETERMINING WATER CHARGES FOR CONSOLIDATED WATER DISTRICT 35 167 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has been working with Bolton Point and County Assessment to update its tax rolls and charges regarding the Consolidated Water District; and WHEREAS, as a result of such work and an analysis to district expenses and revenues, the Town has decided to update Schedule B to have EDU definitions and formulas adjusted and amended; and WHEREAS, since such changes may result in varying the assessed tax bills, the Town Board desires to call a public hearing to obtain public input and comment; and WHEREAS, upon due deliberation thereupon, 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 18th day of July, 2007, at 6:15 o'clock P.M., to consider the amendments to said Schedule B, 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. SEQRA: Type II HIGHWAY SUPERINTENDENT'S MONTHLY REPORT; (report given by the Deputy Highway Superintendent, Charlie Purcell) Whispering Pines Drainage District: Charlie Purcell asked if there was a set date to have this problem resolved. He stated that the Highway Department gets complaints almost everyday. Mr. Herrick will pass this on to the Engineer. Water Main Breaks: Mr. Purcell stated that there have been several water main breaks between Drake and Asbury Roads on East Shore Drive. Dave Herrick agreed with Mr. Purcell that this water main is in desperate need of being replaced. Mr. Purcell felt this could be done in August or September. PLANNING DEPARTMENT'S MONTHLY REPORT: (report given by Bud Shattuck: Mr. Shattuck went over the monthly report and stated that the number of permits is down from last year by 8 but project costs are up by $ 715,755.00. 36 I 168 One Time Temporary Certificate Of Occupancies: The Planning Department would like to bring back temporary CO's for emergency purposes. After a short discussion, the Board felt this would be acceptable but only for one time and for no longer than a 7 day period. This would be for emergency purposes only. Highway Department Worked with Ithaca Last Week. The Town worked with Ithaca last week in the shared services program and Ithaca may be in our Town sometime soon. RECREATION DEPARTMENT'S MONTHLY REPORT: Mr. Colt went over the following report: Parks & Recreation Department 6120107 Town Board Meeting RECREATION • Summer program registration is still ongoing and active. The Day Camp at Myers has already sold out of ALL 3 sessions pushing our limits in each of the sessions. • Sue Frahm is really the Day Camp director!! It was not a misprint. We had taken a few calls asking if she really was coming back. The staff is very strong as well and it should be a great camp this summer. • We are actively promoting our new "Youth Sign Language Camp' This is new territory for us and should be a real unique experience for our kids. • The majority of our summer programming is set to start in early July. • The summer Travel Baseball & Softball season is set to start soon. We have networked with other local towns to set up ballgames. We have 2 teams of 12U and 2 teams of 10U baseball. We have 1 team of 12U softball and 1 team of 14U softball. We have around 80 players playing on these various teams. • Prep baseball, Babe Ruth baseball and Legion baseball have already begun their respective seasons. We have around 45 players involved at these levels. • Our FALL PROGRAM booklet has gone into the schools so that we could get it to our students while school is still in session. I have enclosed a sample for you. This booklet was also printed "in- house ". PARKS The beachfront swim area is set for inspection on Wednesday June 27`h and is scheduled to open for the season on Friday June 30`". The beachfront will close for the season on Sunday August 261" • The concession stand will NOT be in business this summer as we had no legitimate interest. The building will most likely be needed to support our large Day Camp numbers. • Camping in July is filling fast! We have already reserved over 460 nights out of a maximum possible 589 nights. We will probably come close to selling out of the entire month by the time we get to July. • The summer concert series starts for the season next Thursday June 28`" at 6:30 PM with the Ithaca Concert Band. The series will then 37 continue the next 6 consecutive Thursday evenings for a total of 7 concerts. • The new Lion's Club bandstand is moving along. The quality of this project is excellent and will be a great new location for future concerts and events when completed. Lyle Crandall Tournament: Mr. Christopher asked Mr. Colt why there was no Lyle Crandall tournament this year. He wanted Steve Colt to make it clear to everybody as people are asking questions. Mr. Colt stated the following: This would have been the 14`h Annual Crandall tournament but he said he was not surprised at the cancellation of the tournament as 5 years ago the date was changed from the second week in July to June. The July date had conflicts such as the Moravia tournament. He stated that there is a strong sentiment among parents and players as life becomes more complicated, many more choices are available to kids now than there were years ago. People just do not like to get tied up on weekends or for long periods of time. The Crandall tournament has always been 4 days long which made this a problem to some. He also stated that with the price of gas, people don't want to travel as far as they used to. He stated that Groton, Trumansburg, South Seneca and Dryden chose not to play. An A team out of Ithaca was the last team to pull out. They pulled out last week due to play offs in the Cal Ripkin league. Mr. Colt stated that one of the largest Towns, Skaneateles, which usually have 5 summer teams, is down to a total of 14 players which combine for 2 teams. They have one 12 and under and one 10 and under team. Mr. Colt scaled it down to a six team tournament which would have worked, but an Ithaca team pulled out and you can't run a tournament with 5 teams. He also stated one of the main reasons is because kids are now playing soccer year around which takes away from baseball. He stated that all of the field logistics were done along with the programs, trophies, home run derby prizes and the schedules. A letter is now being written and all of the donations will be returned. Approve the Audit: RESOLUTION 07 —130 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized to pay the following bills: CONSOLIDATED ABSTRACT # 006 DATED 6/20/07 AUDITED VOUCHER #'s 500 — 624 PREPAY VOUCHER #'s 500-507 AUDITED TA VOUCHER #'s 30 - 36 PREPAY TA VOUCHER #'s 30 — 31, 36 169 170 FUND APPROPRIATIONS GENERALFUND HIGHWAY FUND LANSING LIGHTING LANSING WATER DISTRICTS CHERRY ROAD SEWER TRUST & AGENCY SALT POINT PROJECT - NYS GRANT Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Approve Minutes: TOTAL $ 90,171.05 $ 1.244.22 $ 22,005.69 $ 522172.90 $ 0.00 .. , (Aye) Matt Besemer, Councilperson ... (Aye) Marty Christopher, Councilperson ... (Aye) Bud Shattuck, Councilperson ... (Aye) Connie Wilcox, Councilperson ... (Aye) Stephen Farkas, Supervisor A copy of the Minutes of May 16, 2007 and June 1 st (two meetings) having been furnished to the Board beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION 07 —131 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Minutes of May 16'" and June 1St (2 meetings) are hereby approved as submitted, Vote of Town Board . Vote of Town Board Vote of Town . Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Approve Drainage District No. 2: RESOLUTION 07 -132 RESOLUTION AND FINAL ORDER APPROVING FORMATION OF DRAINAGE DISTRICT #2 (WHISPERING PINES V) 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 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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: Steve Farkas - aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: 39 171 WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and WHEREAS, the Right of Way and Easement proposed to be granted by the developer specifically provides for re- dedication to any future Drainage District formed by the Town; and WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Whispering Pines Subdivision, Phase V and had previously authorized the preparation of a map, plan and report ( "MPR ") by Resolution 06 -111 (April 19, 2006), updated such request by Resolution 06 -181 (August 16, 2006), and no request for a referendum having been filed, the Town Board accepted the MPR as final by Resolution 06 -215 (October 18, 2006); and WHEREAS, the creation of a Drainage District is deemed to be in the public interest, and in the interest of the affected property owners proposed to be included in such district, and the Town Board had previously declared and described the boundaries of the proposed district include all properties defined, drawn and described in the MPR, determined that no improvements were proposed as they have all been already installed by the Developer, determined that the costs to a typical property include no construction or financing costs, and only include operation and maintenance costs for the maintenance of the improvements already existing, with such first year annual costs estimated to be $21.00, and ordered a copy of the MPR to be filed at the Town Clerk's Office in accord with law, and determined that all properties included were benefited and that the district was in the public interest; and WHEREAS, pursuant to an Order issued pursuant to Town Law §209 -d, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:10 o'clock P.M., to consider the creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law, and said public hearing was continued upon January 17, 2007, and all persons were permitted to speak upon the subject hereof, and said public hearing was continued on January 18, 2007, February 22, 2007, March 21, 2007, and April 18, 2007, and the public was invited to comment thereupon throughout such hearing period(s); and WHEREAS a public hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:05 o'clock P.M., to consider a SEORA review of the environmental impacts of the proposed creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board, as Lead Agency, determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non - significant, and thus duly issued a negative declaration of environmental impact; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of the Town Law, and are hereby again approved and adopted as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed district; and it is further RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further ,X 172 RESOLVED AND DETERMINED, that the proposed Drainage District 6#2 will be constructed to provide stormwater and water drainage service to the Whispering Pines Subdivision Phase V, and each and all lots therein, and the description thereof as set forth by, in and upon the sealed and filed Subdivision Map is hereby adopted as the boundary description of Drainage District #2; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed district to establish the Town of Lansing Drainage District #2; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such district; and it is further RESOLVED AND DETERMINED, that the establishment and formation of Drainage District #2 be and is hereby approved, and that servicing and maintenance thereof be provided for by the Town in the name of said Drainage District; and it is further RESOLVED AND DETERMINED, that Drainage District #2 be empowered to acquire any further necessary easements or lands to allow for the maintenance and improvement of the said district, if and whenever necessary, subject to the required funds being made available or provided for by the owner of the property or in accord with applicable laws pertaining to public financing or district improvements or expansions; and it is further RESOLVED AND DETERMINED that such drainage district extension shall be designated and known as the "Town of Lansing Drainage District #2" and shall be bounded and described as all of the property being identified as the Whispering Pines Phase V Subdivision, as afore - described; and it is further RESOLVED AND DETERMINED, that as the proposed improvement, including costs of rights -of -way and construction, have already been paid by the developer, and as construction is complete, and as no public financing or funding is required, the review and approval of the State Comptroller is not required or necessary pursuant to Town Law §209- q(13); and it is further RESOLVED AND DETERMINED, that the costs of operation and maintenance of the district shall be apportioned equally among all benefited parcels; which costs of operation and maintenance shall be raised by special assessment upon the benefited property; and it is further RESOLVED AND DETERMINED, that the Supervisor and /or Deputy Supervisor of the Town of Lansing be and hereby are empowered to assign and/or transfer such rights and interests in drainage and stormwater facilities as the Town may have to the newly formed Drainage District #2; and it is further RESOLVED AND DETERMINED, that within 10 days hereof, the Town Clerk shall (i) file a certified copy of this Resolution with the NYS Comptroller's Office pursuant to Town Law § 209 -g, and (ii) file a certified copy of this Resolution with the County Clerk together with a Clerk's Certificate verifying that no referendum was requested. SEQRA: Type Unlisted Set Public Hearing to amend Electrical Fees: RESOLUTION 06A33 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING ADOPTION OF LOCAL LAW #4 of 2007 ra MR 1 TO AMEND TO CODE ADMINISTRATION AND ENFORCEMENT LOCAL LAW (LOCAL LAW NUMBER 6 OF 2006) AND TO REPEAL LOCAL LAW #1 OF 2003 (ELECTRICAL FEES) 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 the 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Matthew Besemer; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Connie Wilcox — aye; Martin Christopher — aye; and Matthew Besemer -aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town duly adopted Local Law #6 of 2006 regarding Code Enforcement and Administration, as required by NYS Law, and as a result thereof, has determined that Local Law #1 of 2003 (setting Electrical Inspection Fees) needs to be repealed and the fee schedules updated and incorporated into Local Law #6 of 2006; and WHEREAS, upon due deliberation upon the foregoing, 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 18th day of July, 2007, at 6:20 o'clock P.M., to consider the Amendment of Local Law Number 6 of 2006 and the repeal of Local Law Number 1 of 2003, 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 York, is hereby authorized and directed published in the official newspaper of 1 copy thereof on the Town signboard n with law. SEQRA: Type II Add HSBC as an Official Depository: Town of Lansing, Tompkins County, New to cause a copy of this Resolution to be he Town of Lansing, and also to post a iaintained by the Town Clerk, in accord RESOLUTION 07 134 RESOLUTION AMENDING RESOLUTION 07 -05 TO ADD HSBC AS OFFICIAL DEPOSITORY OF THE TOWN OF LANSING 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 the 20th day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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 Matthew Besemer -nay, and the following Resolution therefore passed 4 -1, and was duly adopted: WHEREAS, HSBC is a lender and bank with local contacts and competitive rates for Town depository and funding transactions; and 42 173 174 WHEREAS, upon due deliberation, it is hereby RESOLVED, that HSBC be added as an official depository of the Town of Lansing, and that Resolution 07 -05 be amended to read as follows: "RESOLVED, that the Tompkins Trust Bank, M & T Bank, Troy Commercial Niagara Bank and Tioga State Bank depositories for the Town of Lansing." SEQRA: Type II Action Farmland Protection for the Bensvue Farms: Company, HSBC, Fleet Bank, Chase Bank, First be designated as the RESOLUTION 07435 RESOLUTION AUTHORIZING THE TOWN OF LANSING TO EXECUTE AGREEMENTS AND DOCUMENTS FOR THE FARMLAND PROTECTION IMPLEMENTATION GRANT FOR BENSVUE FARMS 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 the 201h day of June, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; 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 Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, State and Federal support and protect agricultural the Agriculture and Farmland Pn WHEREAS, in conjunction with residents of the Town, the Town such programs; and grants and related Programs are available to areas and productive farms, including through )tection Board; and the County of Tompkins, and at the request of is considering being the applicant for funding for WHEREAS, after examination and study thereupon, the Town of Lansing has determined that it is in the best interests of the Town to preserve agricultural areas and productive farming in the Town as, inter alia, productive farming is a viable and beneficial use of land, and the preservation and protection of agriculture and farming prevents high density development and sprawl, and protection of agriculture and farming preserves and protects groundwater and prevents sedimentation and erosion of watercourses, and protection of agriculture and farming helps preserve valuable unique natural areas, and related flora and fauna, and protection of agriculture and farming helps protect vital elements and geographic features in the Cayuga Lake Watershed; and WHEREAS, the Benson Farm, known as Bensvue Farms, on Lansingville Road, was submitted for such grants, and the application of the farmland program within the Town of Lansing and for such farm is consistent with the Town of Lansing's Comprehensive Plan, and are located within Rural and Agriculturally zoned areas; and WHEREAS, the Town is aware that such grant was approved for the Bensvue Farm; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore 43 RESOLVED, that Stephen Farkas, Town Supervisor € Deputy Town Supervisor, be and each are hereby negotiate, and execute such Farmland Protection contracts, agreement, forms and documents by, far, and of Lansing, as they deem necessary or desirable and in Town. SEQRA; Type II 175 indlor Francis Shattuck, authorized to prepare, Implementation Grant in the name of the Town the best interests of the Refunds and Billing Errors for Consolidated Water District: RESOLUTION 07436 RESOLUTION ESTABLISHING TOWN POLICY REGARDING REFUNDS FOR BILLING ERRORS FOR CONSOLIDATED WATER DISTRICT 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 20th day of ,dune, 2007, the following members being present: Stephen Farkas, Supervisor, Francis Shattuck, Councilper�son, Connie V�lilcox, ouncilperson; Martin Christopher, ouncilpersonr and Matthew Besemer, Councilperson; and the following members being absent; none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Matthew Besemer; and the vote was as follows, Steve Farkas - aye; Francis Shattuck — aye, Connie Wilco — aye, Martin Christopher — aye, Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted; WHEREAS, due to work conducted with, and information obtained from, Balton point and the County Assessment Department, the Town Board has learned that the County Assessment Department and /or the Town had misidentified some properties as being within the Town of Lansing Consolidated Water District, and WHEREAS, the County Assessment Department has offered to process refunds to such owners of identified properties and the Town desires the same; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing hereby authorizes the County Assessment Department and /or the Town, as applicable, to file such documents and perform such acts as will allow New fork State to issue refunds of tax assessments improperly made and paid in the past by residents of the Town SEQRA: Type II Board Member Deports: Matt Besemer: Boris Simkin - Sun Path: Boris Simkin tried to persuade the Planning Board to urge the Town Board not to require the construction of the road. Matt informed him that he already knew what had to be-done, Follow up Meeting with Planning Department: Matt felt a follow up meeting should take place. The first meeting took place in December of 2006, The Board felt it would be a good idea and will try to set up a meeting on June 29, 2007 at $;00 a.m. Z01 176 Marty Christopher: Gossett Center: The Gossett Citizen's Advisory Board met on May 22nd and went over their audits. The Center is in good shape and they do a terrific job. He stated that the "good" never reaches the public. Only the negative incidents reach the newspaper. Larry Bleck, the facility director announced his retirement. Mr. Christopher felt something needs to be done in the community to generally make the people aware of the positive aspects of the facility. Mr. Farkas agreed with Mr. Christopher that something needs to be done. Connie Wilcox. Newsletter: The Town newsletter went out and Mrs, Wilcox wanted to thank Charmagne Rumgay for all of her work she did formatting it and putting it together. Carnival: Had great weather and a decent parade. Bolton Point: They had their dedication and an Open House for the new office addition on June 15th. Steve Handcocks , an assistant Comptroller from the Comptroller's Office spoke about how the shared services are working in the Intermunicipal Cooperation. He stated it was great to see it working. About 200 people attended the Open House. She stated that the staff did a great job with all the tours and demonstrations. Bud Shattuck Salt Point. He stated that the Town is now in charge of Salt Point and there have been cars in and out and parties going on. He stated that the fence was put back up and it will need to be locked. The Board needs to decide what the hours of operation will be and who will lock the gate. He felt this was a big issue and something needs to happen before a serious accident happens. There was already an accident involving a truck with kids in it which rolled over. There were serious injuries in this accident. Mr. Shattuck felt this could be discussed after the meeting with the Planning Department on June 29th He will ask Scott Ferris, Steve Colt, Darby Kiley and Jack French or a representative from the Highway Department. Steve Farkas: Gossett Center: Mr. Farkas stated that the Gossett Center is near and dear to his heart as he is a retired director of the center. The staff is excellent. He felt it was unfortunate the community wasn't more aware of what is there and with the girls program also. He stated how well the kids are doing for all they have been through. RESOLUTION 07 -137 RESOLUTION, offered by Mr. Besemer and seconded by Mr. Christopher. 45 RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel matter at 8010 p.mL Vote of Town Board - - Vote of Town Beard Vote of Town . . Board . - Vote of Town Board Vote of Town . . Board . . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson . (Aye) Stephen Farkas, Supervisor RESOLUTION 07 =13$ RESOLUTION, offered by Mr, Christopher and seconded by r- Besemer- RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9,20 p.m. Mote of Town Board - Vote of Town Board. Vote of Town Board . 'dote of Town Board Vote of Town . Board - (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aloe) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor RESOLUTION 07 — 139 RESOLUTION, offered by lr. Shattuck and seconded by Mr. Christopher, RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 9 :21 p -m, Vote of Town Board , . - (Aye) Matt Besemer, Councilperson Vote of Town Board - , . (Aye) Marty Christopher, UouncHperson Vote of Town Board ... (Aye) Butt Shattuck, Councilperson Vote of Town Board , - . (Aye) Connie Wilcox, , ouncilperson Vote of Town Board , .. (Aye) Stephen Farkas, Supervisor Minutes taken and executed by the Town Clerk, .* 177