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HomeMy WebLinkAbout2007-12-19REGULAR TOWN BOARD MEETING Date: December 19, 2007 Time: 6:00 P.M. Place: Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — 6:04 p.m. — SEQRA & Lead Agency for Robinson CWD Boundary Change 5, Public Hearing — 6:05 p.m. — Robinson CWD Boundary Change 6, Public Hearing — 6:10 p.m. — Local Law #6 (Illicit Discharge) 7. Public Hearing — 6:15 p.m. — Local Law #5 (Senior Citizens and Disabled Persons' Tax Exemptions) 8. Engineer's Report 9, Planning Department Report 10, Highway Superintendent's Report 11. Recreation Department Report 12. Approve Audit 13, Approve Minutes of November 14, 2007 14. Reappoint Nancy Loncto to the Town of Lansing Planning Board 15. Any other business to come before the Board 16. Town Counsel's Report 17. Board Member Reports 18. Executive Session if needed 19. Adjourn Meeting 3 /5 , ?o December 19, 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 Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Clerk Present Town Attorney Present Visitors: Charlie and Sheila Nedrow, Roger Schnock, Dave Buck and son, Mr. and Mrs. Amit Shrivastava, Roger and Marilyn Hagin, Scott Pinney Michelle Robinson, Gary Schnock, David Hatfield, Cricket Purcell, James and Patrick McDonough, Jack French, Steve Colt, Darby Kiley and a couple other residents. The Supervisor led all present in the Pledge of Allegiance. Mr. Farkas stated that the close out Board Meeting will be held on Friday, December 281" at 11:00 a.m. Open Public Hearing: Resolution 07 — 246 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for the SEQRA and Lead Agency for Robinson CWD boundary change is hereby opened at 6:04 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) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Resolution 07 — 247 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 6:07 p.m. Vote of Town Board . Vote of Town Board, Vote of Town Board Vote of Town . Board Vote of Town . Board. Open Public Hearing: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor 11 Resolution 07 — 248 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck: RESOLVED, that the Public hearing for the Robinson boundary change is hereby opened at 6:08 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 — 249 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:09 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 SEAR and Negative Declaration for Robinson Boundary Change: RESOLUTION 07 -250 SEQRA NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REGARDING ROBINSON CWD BOUNDARY CHANGE V43/9 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 19th day of December, 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; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of a certain lot within the Town of Lansing, Michael and Michele Robinson, 9 Atwater Road (Town of Lansing Tax Parcel Number 37.1 -5- 20), have petitioned the Town to consider extending the Consolidated Water District ( "CWD ") to such parcel as such parcel qualifies for back -lot treatment and is surrounded by the existing boundaries of the CWD; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney show that this property should be consolidated into the CWD by extending the CWD into such property and thus amending the boundary of the CWD; and WHEREAS, the easements to permit such extension already exist and the Town Engineer prepared a map, plan and report ( "MPR ") for such CWD extension and boundary line change, and �a WHEREAS, the affected property owners need to formally enter the CWD in relation to such boundary extension, 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 OVOID extension by boundary change pursuant to the provisions of Town Law Article 12A and finds that all proceedings to date have been in compliance therewith, and WHEREAS, the Town Board needs to conduct a SECRA 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 in furtherance thereof, the Town Board previously classified the action as an Unlisted Action pursuant to 6 NYCRR Part 617, (ak), declared itself as Lead Agency, identified Involved and Interested Agencies; and issued a Notice of Intent, and 30 days passed without comment, and no agency sought Lead Agency status or coordinated review; 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 19h day of December, at 6:04 o'clock P-M,, and a SEQRA review of the environmental impacts of the proposed CWD boundary change was duly considered, and all persons interested in the subject thereof were duly heard; and WHEREAS, the environmental impacts identified were the construction of the facilities and the disturbance of soils to install water vaults and lines, and the temporary nature of such disturbances, the re- seeding of grasses where required, and the installations being the subject of permitting processes all mitigate such impacts and make them non - significant; and WHEREAS, upon due deliberation thereupon, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency, and it is further RESOLVED, The Town Board of the Town of Lansing, based upon (i) its thorough review of the Short EAF, Dart I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NY RR 617,7(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration") in accordance with SEQRA for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and it is further RESOLVED, that the Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town Clerk deliver and /or fide 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, 390 and further, that this Resolution be posted and published in accord with law, including deliverer of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New Park 12230 -1750 in accord with NYCRR 617.12_ FORA: Unlisted Action. Aporove Robinson Boundary Chance: RESOLUTION 07.251 RESOLUTION APPROVING ROBINSON O'WD 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 13th day of December, 2007, the following members being present: Stephen Farkas, Supervisor, Francis Shattuck, Councilperson; Connie Wilcox, Oouncilperson; Martin Christopher, Oouncilperson; and Matthew Besemer, Oouncilperson, 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 — acre; Martin Christopher — aye; Matthew Besemer - aye; and the fallowing Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, owners of a certain lot within the Town of Lansing, Michael and Michele Robinson, 9 Atwater Road (Town of Lansing Tax Parcel Number 07.1 -5- 20), have petitioned the Town to consider extending the Consolidated later District (" D ") to such parcel as such parcel qualifies for back -lot treatment and is surrounded by the existing boundaries of the CWD; and WHEREAS, preliminary feasibility studies by the Town Engineer and Town Attorney shove that this property should be consolidated into the CVVD by extending the CWD to such property and thus amending the boundary of the CWD; and WHEREAS, the easements to permit such extension already exist and the Town Engineer prepared a map, plan and report ("MPR ") for such CVVD extension and boundary line change, and WHEREAS, the affected property} owners need to formally enter the CWD in relation to such boundary extension; and WHEREAS, no request for a referendum was submitted or received in connection with the preparation of the MPR9 and WHEREAS, the Town desires to proceed towards establishment of the CWD extension by boundary change pursuant to the provisions of Town Law Article 1 -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 issued an Order (i) declaring and approving the MPR, (ii) declaring that the MPR is complete and accurate, and was prepared in accord with the NYS Town Law, (iii) describing the boundaries of such CWD extension, (iv) identifying the construction and improvements, (v) identifying the maximum amount proposed to be expended for improvements and determining the one time hook -up and connection fees, (vi) determining that no district financing is applicable to this project, all of which costs have been paid solely by the owner, (vii) ordering the MPR to be available for public review and inspection at the Town of Lansing Clerk's Office, (viii) 12 jAi setting a public hearing to consider and discuss the formation of the GVVD Expansion by Boundary Change in accord with law, and (i) directing the Town Clerk to publish and post such Order and Notice of Public Hearing in accord with law; and WHEREAS, it was determined that the matter was an Unlisted Action, and the Town Board issued a Notice of Intent to act as Lead Agency for environmental review and identified all Involved and Interested agencies, and duly scheduled a public hearing to consider the environmental impacts of the proposed project; and WHEREAS, a Negative Declaration was duly determined and declared; and WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that: (1) 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 Boundary Extension are benefited thereby; (iii) all benefited properties and property owners are included within the District Boundary Extension; and (iv) that the establishment of the District Boundary Extension is in the public interest; and it is further RESOLVED AND DETERMINED, that the boundaries of said District Boundary Extension are (1) 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 there for as are on file with the Tompkins County Clerk's Office: Town of Lansing Tax Parcel Number 37.1 -5 -20 (M[chael and Michele Robinson, 9 Atwater Road); 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 proposed of Town of Lansing Consolidated Water District Boundary Change be and hereby is approved; and it is further RESOLVED AND SO ORDERED, that the said OWD Boundary Extension hereinabove referred to shall be constructed as set forth in the Order calling a public hearing, at a cost riot to exceed $0,00, and the assessment, levy and collection of special assessments upon the several lots and parcels of land within the said Boundary Extension, which the Town Board 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; and it is further 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 NY Comptroller's office) Within 10 days hereof; and it iS further RESOLVED, as there is no cost to the CWD or finance costs to the applicant, pursuant to Town Law this Resolution is not subject to formal Comptroller review, and it is further RESOLVED, that this Resolution is subject permissive to referendum pursuant to Town Law and that, accordingly the Town Clerk publish a notice thereof in compliance with Town Law § 90, and within 10 days of the date of this Resolution, the Town Clerk shall publish and post a notice which (i) summarizes this Resolution and precisely states the effect hereof, and 00 specifically states that the Resolution was adopted subject to a permissive referendum, EQRA: Unlisted Action_ P1 NOTICE of PERMISSIVE REFERENDUM The Town Board of the Town of Lansing has adopted a Resolution December 19, 2007 whereby the Town authorized an extension of the Consolidated later District to include property at 9 Atwater Road, resolution is subject to permissive referendum pursuant to Town Law and Town Law Article 7, . Open Public Wearing: RESOLUTION 07 — 252 dated Town This 09 -e RESOLUTION, offered by Mr, Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on Proposed Local Law No. 6 for the Year 2007 is hereby opened at 6:10 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 Ms. 1 iley's presentation for the Illicit Discharge Public Hearing went as follows, According to the federal law commonly known as Stormater Phase II, permits frorn NYS DEC are required for storrnwater discharges from MunicipaI Separate Storm Sewer Systems (MS4s) in urbanized areas (Lansing is part of the Ithaca urbanized area). To irnplement the law, DEC developed a general permit for MS4s in urbanized areas. The permit is part of the State Pollutant Discharge Elimination System ( PDE )- Operators of regulated MS4s (our Town Board) must obtain permit coverage under the general permits by March 10, 2003 and complete the permit requirements by January $, 20081 There are SIX Minimum Control Measures as part of Lansing's permit. One part of those requirements is that the Town needs to pass a local law to prohibit illicit discharges into the storm sewer system, which for Lansing the system is comprised of catch basins, curbs, gutters, ditches, man -made channels, pipes, tunnels or storm drains that discharge into surface waters (streams, wetlands, and Cayuga Lake). An illicit discharge is a discharge to the storm sewer system or surface water that is not composed entirely of stormwater except for permitted discharges and other exempt activities, The DEC developed a Model Local Law for municipalities. The Town used the model and made edits based on input frorn neighboring municipalities. The Town Attorney made changes to the definitions section and criminal and remedies section- Because the Tompkins Bounty Health Department regulates septic systems, the Lansing Local Law eliminated most that language from the state model but includes the following (Section 9.4): Operation of a failing individual sewage treatment system may also be a source of contamination to Stormater. Individual sewage treatment systems must be properly operated and maintained. If a system shows signs of failure, the Tompkins County Health Department should and/or shall be consulted for assistance- From the Law: PURPOSE — The Town of Lansing believes that many Illicit Connections, non - compliant discharges and Illicit Discharges of water and other substances exist within the Town that cause and /or contribute to flooding, pollution, sedimentation, soil loss, and the creation or augmentation of other deleterious conditions that affect the health and welfare of the citizens of the Town of Lansing and those living around and using Cayuga Lake and its tributaries and 9 34 � watersheds. The purpose of this Local Law is to provide for the health, safety, and general welfare of the citizens of the Town of Lansing through the regulation of Non- tormwater Discharges to the municipal separate storm sewer systern (MS4°, as defined further below) and to surface waters to the maximum extent practicable as required by federal and state law. This Local Law establishes methods for controlling the introduction of pollutants Into the MS4 in order to comply with requirements of the PDES General Permit for Municipal Separate Storrn Sewer Systems . The objectives of this Local Law include: • To meet the requirements of the SPIDES General Permit for Stormwater Discharges from MS4s, Permit no- GP-02-02 or as amended or revised; • To regulate the contribution of poilutants to the IVIS4 since such systems are not designed to aceept, process or discharge non - torm ater wastes; To prohibit lilicit Connections, illicit activities and Illicit Discharges to the MS4 and to surface waters-, • To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Local Law, and • To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, Meaning products, paint products, Hazardous Materials, hazardous waste, sediment and other pollutants into the MS4 and into surface waters, Mr- Roger Schnock asked if farmers or agriculture enterprises were in any way implicated by this law. He felt an agriculture enterprise has allowed illicit discharge to enter into Salmon Creek and kill all the fish. Ms- Kiley stated that if the same farmer washed motor oil into Salmon Creek he would be held liable, Mr. Scott Pinney asked who the Storm water Management Officer will be. Mr, Shattuck stated the SMO will probably be Darby l l4ey. Mr. Pinney felt the Highway Department should have been notified and their input considered before the Board passes the law. M r. Pinney asked if any other Towns have passed It as of fret, Darby stated that no other Town's have passed anything as of yet. She also stated that the Town of Lansing has put more time into the preparation of the Local Law than any other Town, Mr, Pinner felt the Town still had time and should hold up on passing the Local Law tonight. Mr- Roger Hagin asked if this would apply to septic systems that run into road ditches. Ms- Kiley stated that the County would enforce this aspect, not the Town. Close Public Hearing: Resolution 07 — 253 RESOLUTION, offered by fir. Shattuck and seconded by Mr- Christopher, RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 6126 p,m, Vote of Town Board , - - Vote of Town Board Vote of Town Board Vote of Town Board , . . Vote of Town Board - . No. 6, (Aye) Matt Sesemer, Cauncilperson (Aye) Marty Christopher, Councilperson (Are) Bud Shattuck, Councilperscr (Aye) Connie Wilcox, Councilpersen (Aye) Stephen Farkas, Supervisor Im rJ 3a3 RESOLUTION 07 -254 Resolution baking Negative Declaration of Environmental Impact Regarding Adoption of Local Law #6 of 2007 (Illicit Discharge Local Law) 3aV 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 19th day of December, 2097, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, ouncilperson; Connie Wilcox, ouncilperson; Martin Dhr[stopher, Dvuncilperson; and Matthew Beserner, Councilpersonl and the following members being absent: none,' and the following motion for a Resolution was drily 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; Matthew Beserner - eye, and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the US EPA, NYSIDEC and NYS have mandated that as part of Storm water Regulations, certain laws be passed by local municipalities relating to the identification and regulation of illicit stormwater discharges, and the EPA and State of New York have required adoption of an illicit discharge law, implementing certain EPA and NYSDEC Regulations, on or before January 8, 2408, under penalty of fines of up to $10,000.00 per day; and WHEREAS, said Local Law proposes to, (1) regulate non- storrnater discharges to the municipal separate storm sewer system (MS4) and to surface waters to the maximum extent practicable as required by federal and state law; () establish methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPIDES General Permit for Municipal Separate Storm Sewer Systems; (3) to define Best Management Practices, the Clean Water Act, Construction Activity, the Department, Hazardous Materials, Illicit Connections, Illicit Discharges, Individual Sewage Treatment Systems, Industrial Activities, MS4, Municipal Separate Storm Sewer System, Munic[pality, Non= Storrnwater Discharge, Person, Pollutant, Premises, Special Conditions, State Pollutant Discharge Elimination System ( PDES) Storm water Discharge Permit, Storm water, Stcrmvvater Management Officer ( MO), Surface Water(s), 303(d), TMDL (Total Maximum Daily Load), and Wastewater; (4) defining who administers and enforces the law, (5) to prohibit certain illicit discharges, such as discharges that the Department or the municipality have determiner) to be substantial contributors of pollutants and those with deleterious effects upon potable water sources, but excepting certain sources not commonly containing po[lutants; () allowing for the permitting of discharges, (7) provisions for dye testing; (8) prohibitions against polluting storrnwaters, such as the improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions or storage of such material where they are exposed to stormater, or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization, but exempting certain agriculturai activities and certain individual sewage treatment systems; (9) the imposition of Best Management Practices; (10) suspension of access to discharge systems and emergency variances; (11) certain compliance and monitoring access and rights; (1 2) regulations for facilities operators; (1 3) spill notification requirements, (14) provisions for enforcement, including authorization for the elimination of illicit connections or discharges, fines andlor the implementation of source controls or treatments, such penalties including, but not being limited to violations and misdemeanor convictions carrying various monetary fines andlor periods of imprisonment; (14) rights of appeal; and (15) other administrative provisions; and WHEREAS, a Public Hearing was duly noticed, called and held at the Lansing Town Hall, 29 Auburn Road, Lansing, New fork, being in the Town of Lansing, 0 on the I9th day of December, 2007, at 6110 o'clock P,M,, whereat, the adoption and the impacts of Local Law Dumber 6 of 2807, were considered, and all persons interested in the subject thereof were duly heard; and WHEREA , after a review of EQ A's implementing regulations, and given the definitions of Type I and Type II actions, the Town Board has and hereby does declare the adoption of this Local Law to be an Unlisted Action, thus requiring are environmental review pursuant to a SEAF, and WHEREAS, the Town Board of the Town of Lansing hereby declared itself to be the lead agency, and as this is a Local Law only applying within those portions of the Town of Lansing located outside the Village of Lansing, and as there are no agencies or other authorities that have permitting powers or funding powers relative to this Local Law, and as individual environmental reviews will occur for gUalifying projects, the Town has identified no interested or involved agencies; and WHEREAS, upon a review of the submitted EF, hereby declared to be final and complete, no environmental impacts were identified; and WHEREAS, the Town Board determined that this action is classified as an Unlisted Action pursuant to 6 NYDRR 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 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 there were no negative identified impacts arising from the passage of this Local Law; 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 fork 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; 5_ The Town Clerk of the Town of Lansing. The Town Supervisor of the Town of Lansing. 7, All Involved and Interested Agencies. 8, Any }person requesting a copy; and further, that this Resolution be posted and published in accord with lava, 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 NYDRR 617.12. 5F. A: UnIisted Adoption of Local Law Number : RESOLUTION 87 -266 Resolution Adopting Local Law #6 of 2007 {Illicit Discharge Local Law) 396 9 1 3aG 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 19th day of December, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Beserner, Councilpersion, and the fallowing 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 - afire; Martin Christopher - aye, Matthew Besemer - aye; and the following Resolution therefore passed 5-0, and was duly adopted- WHEREAS, the US EPA, NYSDEC and N S have mandated that as part of tormwater Regulations, certain laws be passed by local municipalities relating to the identification and regulatfon of illicit stormwater discharges, and the EPA and State of New York have required adoption of an illicit discharge law, implementing certain EPA and N SDEC Regula #tons, on or before January 8, 2088, under penalty of fines of up to $10,000,00 per day; and WHEREAS, , said Local Law proposes to' (1) regulate non- stormwater discharges to the municipal separate storm sewer system (M S4) and to surface waters to the maximum extent practicable as required by federal and state law, () establish methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Seaver Systern S; (3) to define Best Management Practices, the Clean Water Act, Construction Activity, the Department, Hazardous Materials, Illicit Connections, Illicit Discharges, Individual Sewage Treatment Systems, lndustrial Activities, M 4, Municipal Separate Storm Sewer System, Municipality, Non= Storm water Discharge, Person, Pollutant, Premises, Special Conditions, State Pollutant Discharge Elimination Systern (PDE) Stormwater Discharge Permit, Storm water, Storm water Management Officer ( MO), Surface Water(s), 303(d), TMDL (Total MaXirnum Daily Load), and Wastewater; (4) defining who administers and enforces the faw; (6) to prohibit certain illicit discharges, such as discharges that the Department or the municipality have determined to be substantial contributors of pollutants and those with deleterious effects upon potable water sources, but excepting certain sources not commonly containing pollutants; (6) allowing for the permitting of discharges; (7) provisions for dye testing; (8) prohibitions against polluting stormaters, such as the improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions or storage of such material where they are exposed to stormater, or any other activity that causes or contributes to violations of the municipality's 114 SPDES permit authorization, but exempting certain agricultural activities and certain individual sewage treatment systems; (9) the imposition of Best Management Practices; (10) suspension of access to discharge systerns and emergency variances; (11) certain compliance and monitoring access and rights; (1 2) regulations for facilities operators, (10) spill notification requirements; (14) provisions for enforcement, including authorization for the elimination of illicit connections or discharges, fires and/or the implementation of source controls or treatments, such penalties including, but not being limited to violations and misdemeanor convictions carrying various monetary fines and/or periods of imprisonment; (14) rights of appeal; and (15) other administrative provisions; and WHEREAS, a Public Hearing was duly noticed, called Town Hall, 29 Auburn Road, Lansing, New fork, being on the 19th day of December, 2007, at 6:10 o'clock KN of Local Law plumber 6 of 2007, was considered, and the subject thereof were duly heard, and ar. L n !l', all d held at the Lansing the Town of Lansing, whereat, the adoption persons interested in WHEREAS, the action was declared as an Unlisted Action, and after due consideration thereupon and a review of the SEAF presented to and reviewed by the Town Board as Lead Agency, and there being no known or identified 10 interested or involved agencies, the Lead Agency made a negative declaration of environmental impact; 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 6 of 2007 r as set forth in its entirety TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAIN NUMBER 6 OF 2007 LOCAL LAW TO PROHIBIT AND REGULATE ILLICIT DISCHARGES, ACTIVITIES AND CONNECTIONS TO THE SEPARATE STORM SEWER SYSTEM SECTION t: TABLE OF COT1'IrN l5; SECTION`/: TABLEOPICONTEN ,,,, „,,,,,,,,,, „,,,,,,,, I , 1 SEC7T10[V2: TITLE &APPLfCA'IN[ON ............. .... ........... SICTION3. PURPOSE - --- --- - - - - - - - - - - --- -- -..,,, ..,..,..,..,. -. 1111.,.,. 2 1111.,. -1111 .- . -. -.,, SECIION4: DEFFN” 1 "ONS .......................... 2 S}:,010N 5- APPLICABILITY,, .. , .. , ... SECTION 6, RESP0 NS1 BILM FOR � - 7 O AL�r�1IISTRA `1- ICIN ..... .. ... ... ............. .. .. ... ... 7 spicr [ON 7. SEVERAB11r 1'[' Y .......................... ......................... ... ... . ........... .. 7 SECTION 8: DISCPA9CE PROI°3115ITLONS ........... 1111 0 1 L I I L 7 SECTION 9. PROBTTIO 1 AGAINTST ACTIVITIES COQ!'L'A 1iITATiNGSTOR NArr ITS .............. ................ .... .. ......... g SECTION 10: REQUIREI�f21NT(S) TO PREVENT, CON TROL AND RE'DUCE STORMWATER Phil. LUTANTS 13Y THE USU O>~ BEST EMAN A G EMENT PRACI- ICES„ ,, ,, ,,, ,,,,,,,,,, 9 SECTION 11.1 SUSPENSIO IOPACCESSTO MS41 .,,.I ...... - ................. . 10 SECTION 12: INDUSTRIAL OR CONSTRUCTION ACTIVITY 'ASCHARC;F_S ............. ... ... ................. ............ .. . .... 10 SECTION 13: ACCESS AND MON ITO1NC DISC 1- 1ARCES........... 1 1 9 1 1 9 1 1 A I 1 16 SECTION 14: NOTIFICATION OF SPILLS,,,, ,, ,,,,,,,,, .. -1111 ............. .-- --- ,,,,,.,..,. -.- 12 SECTION 15: ENFORCEMENT ........ 1911, 1101 .. ... ... ............. ...... ............ 12 - -1111 SECTION 16: FHkS.,..,.----- ..................... ............ ......... .......... SFCTION17: LIMITA 'T10N UPON MUNICIPAILLIABI1.,[']' .. ... ... .................. .. ... .. 14 SECTION IS: WAIVERS, ---- -- -- - -- -1991 1111,,.- I-- .-- .- .,..,.,,. -, - -, 15 SEO'10N 19: APPEAL OF SIJSPENSION OIL TERM Ni A'C'JON N(Y1'ICE, NOTICE OF VIOLATION OR REPAIR, OR REMEDIATION ORDER 15 SECTION 20: ALTkijRNATrVE1 RED EDIES, . . . . . . . . . 1 9 0 1 ....... .. . ... .1111 15 S2C ION 1: VIOLA710NS TEEMED A PIJ13LIC NUT5AN CE, ------ - - -- -- 1991,,, 1111 -. - -. 16 SECTION 22: RE EDIES NOT EN XC I„U51VE.......... ,, ,,, J 6 SEC TON'23: EFFECITVEI)A TEN ..... ........ .........1......... ,,.,,,,,,, -' ,..,..,..,. -. - -. 16 SECTION : TITLE & APPLICATION - This Local Law shall be known as "Local Law Number 6 of 2007 ", Local Law Dumber 6 of 2007 applies only within those portions of the Town of Lansing, Tompkins County, New Fork, that are outside of the Village of Lansing- This Local Law does not replace or supplant any requirements of Local Law Number 1 of 2005 tormwater and Erosion Control "), but instead shall be read In harmony therewith, SECTION 0; PURPOSE — The Town of Lansing believes that many Illicit Connections, non - compliant discharges and Illicit Discharges of water and other substances exist within the Town that cause and/or contribute to flooding, pollution, sedimentation soil loss, and the creation or augmentation of other deleterious conditions that affect the health and welfare of the citizens of the Town of Lansing and those living around and using Cayuga Lake and its tributaries and watersheds, The purpose of this Local Law is to provide for the health, safety, and general welfare of the citizens of the Town of Lansing through the regulation of Non - Storm ater Discharges to the municipal separate storm sewer system I AMS41P as definer/ further below) and to surface waters to the maximum extent practicable as required by federal and state Jaw- This Local Law 11 ,3d8 establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems- The objectives of this Local Law include: .1 To rneet the requirements of the SPDES General Permit for Stormwater Discharges from h11 4s, Permit no, GP=02=02 or as amended or revised; 32 To regulate the contribution of pollutants to the h+IS4 since such systems are not designed to accept, process or discharge non- tormater wastes; 3.3 To prohibit Illicit Connections, illicit activities and Illicit Discharges to the MS4 and to surface waters; 3.4 To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Local Law, and -5 To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, Hazardous Materials, hazardous waste, sediment and other pollutants into the MS4 and into surface waters. SECTION 4: DEFINITIONS - Whenever used in this Local Law, unless a different meaning is stated in a definition applicable to only a portion of this Local Law, the following terms will have meanings as set forth below: 4.1 Best Management Practices or BIvIPs: Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to Stormwater, receiving waters, or Stormwater conveyance systems; and also including treatment practices, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage, 4.2 Clean Water Act, The Federal Water Pollution Control Act (33 US. C. 1251 et seq.), and any subsequent amendments thereto. 43 Construction Activity: Activities requiring authorization under the SPDES Permit for Stormwater discharges from Construction Activity, P- 02 -01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. 4 -4 Department'. The New York State Department of Environmental Conservation, 4.5 Hazardous Materials, Means (i) any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stared, transported, disposed of, or otherwise managed, andlor (ii) "Hazardous materials" as defined under or in relation to any environmental law, rule, regulation or order, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq, and 40 CFR §302,1 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq -) , the Federal Water Pollution Control Act ( 3 U. - . § 1251 et seq- and 40 CF § 116.1 et seq,) , the Superfu nd Amendment and 12 Reauthorization Act ("SARA"), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et eq.), the New York State Environmental Conservation Law, the New York State Navigation Law, and those federal, state and local laws relating to lead based paint, hydrocarbons, asbestos, flammable materials, explosives, radioactive or nuclear substances, polychlorinated biphenyls, carcinogens, oil and other petroleum products, radon gas, urea formaldehyde, chemicals, gases, solvents, and other pollutants or contaminants that could be a detriment or pose a danger to the environment or to the health or safety of any Person, each and all as now exist or as hereafter amended or re- codified, together with and including any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such in any past, present or future federal, state or local laws, bylaws, rules, regulations, codes, orders or ordinances, or any judicial or administrative interpretation thereof_ 4.6 Illicit Connections; Any drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter the MS4 or surface waters, including but not limited to: 1_ Any conveyance(s) which allow any Nan - tormwater Discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 or a surface water and any connections to the storm drain system or a surface water from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or , Any drain or conveyance connected from a commercial or industrial lend use to the M4 or any surface water which has not been documented L n plans, maps, or equivalent records and approved by an authorized enforcement agency, 4.7 Illicit Discharge, Any direct or indirect Non-Storm water Discharge to the IVI 4 or a surface water, except as exempted by Section 8 of this Local Law, 4.8 Individual Sewage Treatment System: A facility serving one or more parcels of land or residential households, cr a private, commercial or institutional facility that treats sewage or other liquid wastes for discharge into the groundwater of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law, 4.9 Industrial Activity, Activities requiring the SPIDES permit for discharges from industrial activities except construction, P "98 -6 , as amended or revised. 4,10 N1 4: Municipal Separate Storm Sewer System, 4.11 Municipal Separate Storm Sewer System: A conveyance or system of conveyances intended to manage, divert, restrict, direct, hold or otherwise affect Storrnwater, any runoff, or any natural or artificial waterway, watercourse or flog including, but not limited to, roads with drainage systems, municipal streets, culverts, catch basins, curbs, grafters, ditches, drains, man -made channels, ponds, berms, s ales, andlor storm drains; 1. Owned or operated by the Town of Lansing; 2. Designed or used for collecting or conveying Storm water; , Which is not a combined sewer; and 13 i 330 4. Which is not part of a Publicly Owned Treatment Works (PCTVV) as defined at 40 C.F.R. § 122.21 4.12 Municipalitym The Town of Lansing, 4-13 Non-Storm water Discharge, Any discharge to the MS4 or any surface water that is not composed entirely of Storrnater. 4.14 Person, Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. 4,15 Pollutant: Any Hazardous Material or other material which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of legal or regulatory standards, including, but not limited to, dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, detergents, automotive fluid or residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rack, sand and industrial waste, municipal waste, agricultural waste, Hazardous Materials, or ballast discharged into water, 4.16 Premises: Any building, lots parcel of land, or gore or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips, 4A7 Special Conditions: 1. Discharge Compliance with later Quality Standards: The condition that applies where a municipality has been notified that the discharge of Stormwater authorized under their NiS4 permit may have caused, or has the reasonable potential to cause or contribute to, the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards, 2. 303(d) Listed Water(s), The condition in the municipality's MS4 permit that applies where the iVIS4 discharges to a § 303 (d) listed water, Under this condition the Stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) Listed Water(s), 3_ Total Maximum Daily Load (ATIVIOL ") Strategy; The condition in the municipality's i 14 permit where a Ti IDL, including requirements for control of Stormwater discharge, has been approved by EPA for a aterbody or watershed into which the iui 4 discharges. If the discharge from the IVI 4 slid not rneet the T 1DL Storm water allocations prior to September 10, 2003, the municipality was required to modify its Storm water management program to ensure that reduction of the pollutant of concern specified in the TNIDL is achieved. 4. The condition in the municipality's M4 permit that applies if a TiVIDL is approved in the future by EPA for any aterbody or watershed into which an Ni 4 discharges: Under this condition the municipality must review the applicable TIVIDL to see if it includes requirements for control of tvrmwater discharges. If an M 4 is not meeting the TMiDL Stormwater allocations, the municipality must, within 6 months of the TIVIDL's approval, modify its Stornnwater management program to ensure that reduction of the pollutant of concern specified in the TM DL is achieved, 4.18 State Pollutant Discharge Elimination System (" PDE ") Stormwater Discharge Permit or SPIDES Permit: A permit issued by the Department that authorizes the discharge of pollutants to waters of the state. 14 331 4.19 Stormwater: Rainwater, surface runoff, snowmelt, drainage, and such other occurring flows and runoff as is defined as Stormwater by the Department. 4,20 Stormwater Management Officer or SMO: An employee, the municipal engineer or other public officials) designated by the Municipality to enforce this Local Law. The SMO may also be designated by the Municipality to accept and review Stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect Storm water management practices- 4-21 Surface Waters): Ponds, lakes, reservoirs, rivers, streams, creeks, intermittent streams, and wetlands. This definition includes manmade bodies of water created for the treatment of Stormwater, but does not include manmade bodies of water specifically designed to treat Non= torm ater Discharges, according to practices approved by the relevant regulatory agencies. Wetlands are defined, in park, (by the US Environmental Protection Agency and Army Corps of Engineers) as °`areas that are inundated to saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." 'Wet'lands" also include those areas defined by the Department- 4,22 303(d) List: A list of all surface waters in the state uses of the water (drinking, recreation, aquatic habita are impaired by pollutants, prepared periodically by required by § 303(d) of the Clean Water Act, Section are estuaries, lakes and strearns that fall short of quality standards and are not expected to improve years- 4,23 TMDLI Total Maximum Daily Load. for which beneficial and industrial' use) the Department as 303(d) listed waters state surface water within the next two 4,24 Total Maximum Daily Load-, The maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant- 4-25 Wastewater. Water that is not Stormater, is contaminated with pollutants, and is or will be discarded. SECTION 5; APPLICABILITY - This Local Law shall apply to all water or other discharge(s) generated on any developed or undeveloped lands entering the MS4 or any surface waters, unless explicitly exempted by an authorized enforcement agency- SECTION 0: RESPONSIBILITY FOR ADMINITRATJON - The MO shall administer, implement, and enforce the provisions of this Local Law, Such powers granted or duties imposed upon the SMO may be delegated in writing by the SIVIO as may be authorized by the Municipality. SECTION 71 SEVERABILITY - The provisions of this Local Law are hereby declared to be severable. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Local Law shall be determined to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity or unenforceabiIIty shall not affect, impair or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such invalidity or unenforceability shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy and circumstances in which such 15 33� determination shall have been rendered, and shall not apply to any ether controversy or other circumstances_ SECTION 8; DISCHARGE PROHIBITIONS - 81 Prohibition of Illicit Discharges; No Person shall discharge or cause to be discharged into the M4 or any surface water any materials, other than Storm water, except as provided in Section 8,11. The commencement, conduct or continuance of any Illicit Discharge to the MS4 or any surface water is prohibited except as described as follows; 8.1,1 The following discharges are exempt from discharge prohibitions established by this Local Law, unless the Department or the Municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, de- chlorinated swimming pool discharges, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants or Hazardous Materials. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants_ 8.1.2 Discharges approved in writing by the SIVIO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this Local Law. 8.1 .3 Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test. 8.1.4 The prohibition shall not apply to any discharge permitted under a SPIDES Permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, order, and/or other applicable laws and regulations, and provided that written approval has been granted for any discharge to the M41 8.2 Prohibition of Illicit Connections. 8,2.1 The construction, use, maintenance or continued existence of Illicit Connections to the MS4 or any surface water is prohibited_ 822 This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 8.2.3 A Person is considered to be in violation of this Local Law if the Person connects aline conveying sewage to the Municipality's M 4 or to any surface water, or allows such a connection to continue- 16 33.3 SECTION 9; PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER 9.1 Activities that are subject to the requirements of this section are and include those activities and types of activities that: 9.1,1 Cause or contribute to a violation of the Municipality's M4 SPDES Permit 91.ause or contribute to the municipality being subject to Special Conditions. 9.2 Such activities may include improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions, storage of such material {s} whore they are exposed to Stormwater, or any other activity that causes or contributes to violations of the municipality's MS4 SPDES Permit authorization_ J. Agricultural activities are exempt from consideration under this section if their: (a) meet the requirements of any applicable agricultural regulations, and {b} are participating in the Agricultural Environmental Management program or otherwise applying current agricultural best management practices; or (c) are determined to be sound agricultural practices, as described in Agricultural and Markets Law of New York State. 9.4 Operation of a failing individual sewage treatment system may also be a source of contamination to Storm water. Individual sewage treatment systems must be properly operated and maintained_ If a system shows signs of failure, the Tompkins County Health Department should and/or shall be consulted for assistance, 0,5 Upon notification to any Person that they are engaged in activities that cause or contribute to violations of the Municipality's MS4 SPDES Permit authorization, that Person shall take all reasonable actions to correct such activities such that they no longer cause(s) or contribute (s) to violations of the Municipality's MS4 SPDES Permit authorization, SECTION 10; REQUIREMENT(S) TO PREVENT, CONTROL, AND REDUCE STRMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES - 10.1 Best Management Practices: Where the SMO has identified Illicit Discharges, Illicit Connections, or any activities contaminating tormwater, the Municipality may require implementation of Best Management Practices (BMPs) to control those Illicit Discharges, Illicit Connections, and activities. 10,1,1 The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials, Hazardous Materials, or other wastes into the MS4 or into surface water through the use of structural and non- structural BMPs, 10.1.E Any Person responsible for any Premises that are, or may be, the source of an Illicit Discharge, and Illicit Connection, or any actfvfty contaminating Storm water, may be required to implement, at said Person's expense, additional structural and non- structural BMPs to reduce or eliminate the source of poflutant(s) to the MS4 or to surface water- 10.1-3 Compliance with all terms and conditions of a valid SPDES Permit authorizing the discharge of Stormater associated with 17 335 Construction Activity or Industrial Activity, to the extent practicable, shall be deemed compliance with the provisions of this section. SECTION 11: SUSPENSION OF ACCESS TO MS4 - Illicit Discharges in Emergency Situations, 11.1 The SMO may, without prior notice, suspend MS4 discharge access to any Person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of any Person, or to the MS4, The SMO shall notify the Person of such suspension within a reasonable time thereafter, in writing (the "Suspension or Termination Notice "), of the reasons for the suspension. If the Person thereafter fails to comply with a suspension order issued I r1 an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to any Persons, 91.2 Suspension due to the detection of Illicit Discharge, Any Person discharging to the Municipality's MS4 in violation of this Local Law may have their MS4 access terminated if such termination would abate or reduce an Illicit Discharge (a "Suspension or Termination Notice "). The MO will notify any Person believed to be in violation of this Local Law, in writing, of the proposed termination of its MS4 access and the reasons therefor. Such Person may petition the SMO for a reconsideration and hearing_ Access may be granted by the SMO if the SMO finds that the Illicit Discharge has ceased and the discharger has taken steps to prevent its recurrence_ Access may be denied if the SMO determines in writing that the Illicit Discharge has not ceased or is likely to recur. A Person commits an offense if the Person reinstates M4 access to premises terminated pursuant to this section without the prior written approval of the SMO_ SECTION 12- INDUSTRIAL ACTIVITY OR CONSTRUCTION ACTIVITY DISCHARGES -Piny Person subject to an industrial or construction activity SPDES Stormwater Discharge Permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required In a form acceptable to the Municipality prior to the allowance of discharge(s) to the MS4- SECTION 13: ACCESS AND MONITORING OF DISCHARGES — 13,1 Applicability; This section applies' to all facil ities that the SMO must inspect to enforce any provision of this Local Law; or whenever the authorized enforcement agency has cause to believe that there exists, or potentfally exists, I n or upon any Premises any condition which constitutes a violation of this Local Law, 13.2 Access to Facilities: 13.11 The SIVIO shall be permitted to enter and inspect facilities subject to regulation under this Local Law as often as may be necessary to determine cornplfance with this Local Law. If a discharger has security measures in force which require proper identification and/or clearance before entry into its Premises, the discharger shall make the necessary arrangements to allow access to the SIVIO. 1322 Facility operators shall allow the SMO ready access to each and all parts of the Premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement and /or enforce this Local Law. 1 13_2_3The Municipality shall have the right, upon any Premise or facilities that are subject to this Local Law, to set up, operate and monitor such devices as are necessary in the opinion cf the SIVIC to conduct monitoring and/or sampling of the Premises' or facility's Stormwater discharge(s), 1324 The Municipality has the right to require the facilities subject to this Local Law to install monitoring equipment as is reasonably necessary to determine compliance with this Local Law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense, All devices used to measure Stormwater flow and quality shall be properly calibrated to ensure their accuracy. Upon request of the SMO, any Person shall produce a certificate of calibration, or its equivalent, from a qualified independent third Person_ 13,x,5 Unreasonable delays in allowing the Municipality access to any Premises or facility subject to this Local Law constitutes a violation of this Local Law. A Person who is the operator of any Premises or facility subject to this Local Law commits an offense if the Person denies the Municipality or the SMO reasonable access to the Premises or facility for the purpose of conducting any activities authorized, permitted or required by this Local Law, 1326 If the SMO has been refused access to any park of the Premises from which Stormwater is discharged, and the MO i able to demonstrate probable cause to believe that there may be a violation of this Local Law or that there is a need to inspect and/or sample, as {park of a routine inspection and sampling program designed to verify compliance with this Local Law or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. SECTION 14: NOTIFICATION OF SPILLS - Notwithstanding other requirements of law, as soon as any Person responsible for (i) any Premises or facility, (ii) the management of operation thereof, or (iii) emergency response for any Premises or facility, or the operation or management thereof, has information of any known or suspected release of materials which are resulting, or may result, in an Illicit Discharge or the release of any Hazardous Materials or pollutants into the MS4 or any surface water, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Its the event of a release of Hazardous Materials said Person shall immediately notify emergency response agencies of the occurrence, and then notify the SMO as soon as passible thereafter, In the event of a release of non- hazardous materials, said Person shall notify the SMO in person or by telephone or facsimile no later than the next lousiness day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Municipality within three business clays of the telephone notice_ Jf the discharge of prohibited materials or Hazardous Materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence, Such records shall be retained for at least three years, SECTION 15, ENFORCEMENT= 15.1 Notice of Violation: When the SIVIO finds that any Person has violated a prohibition, or failed to meet a requirement, of this Local Law, the SO may order compliance by written notice of violation to the responsible Person. Such notice may require, without limitation, 15.1.1 The elimination of illicit Discharges, and Illicit Connections, 19 335 15,1,2 That violating discharges, practices, or operations shall cease and desist; 15,13 The abatement or remediation of Stormwater pollution or contamination hazards, and the restoration of any affected Premises, 15.1.4 The performance of monitoring, analyses, and reporting requirements; 15,1.5 The payment of a fine; andlor 15,1,8 The implementation of source control or treatment GIVIPs. If abatement of a violation and/or restoration of affected Premises is required, the notice shall set forth a deadline within which such remediation or restoration must be completed, Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or contractor with the expense thereof to be charged to such Person and/or to become alien against the Premises, 15,2 Stop Work Orders: The SMO may issue a stop work order for any violations of this Local Law, Any Person receiving a stop work order shall be required to halt all Construction Activities and Industrial Activities including, but not limited to, clearing, grading, demolition, construction, and similar activities, except for those activities that address the violations leading to the stop work order. The step work order shall be and remain in effect until the SMO confirms compliance with this Local Law and that any violation has been satisfactorily addressed. 15.E In addition to any other right or remedy allowed by law or in equity, the Municipality may also maintain actions or proceedings in a court of competentjuri sdiction to compel compliance with a restrain by injunction the non - compliance with or the violation of any provision or requirement of this Local Law, 15,4 Penalties and Fines: All provisions of New York Law generally applicable to misdemeanors shall apply to any criminal proceeding denominated as a misdemeanor and brought under this Local Law, and each and any such misdemeanor shall be deemed an unclassified misdemeanor. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law: 15.4.1 First Violation: Any Person that violates any of the provisions of this Local Law shall be (1) guilty of a violation and subject to a fine of not less than $100,00 nor more than $500.00, or () subject to a civil penalty of not less than $250,00 nor more than $700.00 to be recovered by the Municipality in a civil action_ Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue_ Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue_ 1 b,4_ 2 Second Violation: Any violation that is found to have occurred within years 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 upon the same or an adjacent Premises shall be (1 ) guilty of an unclassified misdemeanor and subject to a fine of not less than $500.00 nor more W than $2,000.00, or (2) subject to a civil penalty of not less than $,1,000.00 nor more than $5,000.00 to be recovered by the Municipality in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue, Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. 15.4,3 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 shaft be deemed a third or subsequent violation, as applicable. Any Person who commits or Permits a third or subsequent violation upon the same or an adjacent Premises shall be (1) guilty of an unclassified misdemeanor and subject to a fine not less than $1,500.06 nor more than $7,560,00 and/or a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not less than $0,000.66 nor more than $15,000,00 to be recovered by the Municipality in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect or refusal shall continue_ Similarly, a separate civil penalty shall apply and /or be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue, 15.6 Upon the occurrence of any nor- compliance with, or violation of, this Local Law, the SMO may (1) withhold any Certificate of Compliance or Certificate of Occupancy, and/or (2) prevent the occupancy of any Premises. 15.6 Any Person who is not in compliance with this Local Law, or who violates any requirement hereof, may be required to restore or repair any Premises and /or remediate any discharge or contamination in accord with the requirements of this Local Law or any order of the Department or the SMO issued hereunder (a "Repair or Remediation Order'). In the event that any remediation, repair or restoration is not undertaken and concluded within a reasonable time, the Municipality may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town of Lansing ,Justice Court, or My other court of competent jurisdiction, to recover the costs of such remediation, repair or restoration, SECTION 16: FEES - The Municipality shall require any Person undertaking action regulated by this Local Law, or failing to take action required under this Local Law, or any Person in violation of this Local Law, to pay reasonable costs at prevailing rates for review of plans, BMPs, inspections, or maintenance performed by or for the Municipality, including but not limited to engineers' or attorneys' services and fees. ECTION 17; LIMITATION UPON MUNICIPAL LIABILITY'; The Municipality and the MO shall not be liable or responsible for any injury to any Person or damage to any Premises or property due to the funicipality °s actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the 1unicipalityr or the MO. Ail Persons engaged in any activities (and including liabilities arising from or in connection with any completed operations), including, but not limited to, Construction Activity, Industrial Activity, clearing, grading, excavation, construction, cleanup, remediation, or restoration work shall indemnify and keep and save harmless the Municipality and the SMO from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Municipality or the SMO 21 338 from or by reason of or on account of accidents, injuries, damages, and/or losses to Persons, Premises or property arising under or in connection with this Local Law_ This indemnity provision shall be construed and applied to the maximum extent permitted by law. SECTION 18- WAIVERS - Where the Municipality finds that, due to the special circumstances of a particular case, a waiver of oertain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Municipality finds and records in its minutes that, (1) granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of any Person or Premises, including, but not limited to, any watercourses, watersheds, or surface waters; (8) the waiver will not result in the discharge of any Hazardous Materials, (4) there are special circumstances involved in the particular case; () denying the waiver would result in undue hardship, provided that such hardship has not been self - imposed; and () the waiver is the minimum necessary degree of variation from the requirements of this Local Law and/or is of a short -term and temporary duration, SECTION 19- APPEAL OF SUSPENSION OR TERMINATION NOTICE, NOTICE OF VIOLATION OR REPAIR, OR REMEDIATION ORDER - Any Person receiving a Suspension or Termination Notice, a Notice of Violation, or a Repair or Remediation Order may appeal the determination of the SMO to the Municipality within 15 days of its issuance_ Such appeal shall be heard within 30 days after the filing of the appeal_ A determination upon the appeal shall be rendered within 10 days, and such determination shall be filed with the Municipal Clerk and mailed to the appealing party within 5 days of being made. An appeal shall consist, at a minimum, of a written statement setting forth the reasons and factual bases for such appeal, The actions and determinations of the Municipality upon and after filing its determination on any appeal shall be deemed "final determinations" for purposes of Article 78 of the New *fork Civil Practice Laws and Rules, No appeal lies from the denial of a waiver, except pursuant to said Article 78. SECTION 20; ALTERNATIVE REMEDIES - 20.1 there a Person has violated a provision of this Local Law, such Person may be eligible for alternative remedies in lieu of a civil penalty upon recommendation of the Municipal Attorney, with the concurrence of the M , where; 20,1A The violation was unintentional; 20,1.2 The violator has no history of previous violations of this Local Law, 20,1.8 Environmental damage was minimal; 20,1A The violator acted quickly to remedy violation, and 20,1,5 The violator cooperated in investigation and resolution of the violation, 20,2 Alternative remedies may consist of one or more of the following; 20.2,1 Attendance at compliance workshops; 2022 Storm drain stenciling or storm drain marking; and /or 20.2.3 Lake, river, stream, creek, or wetland cleanup activities SECTION 21; VIOLATIONS DEEMED A PUBLIC NUISANCE - in addition to the enforcement processes and penalties provided for in, by, or under 339 i this Local Law, any condition caused or permitted to exist in violation of any of the provisions of this Local Law is hereby deerned and declared to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and /or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the Municipality in its sole discretion. SECTION REMEDIES NOT EXCLUSIVE - The remedies listed in this Local Law are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the Municipality, the Department, or any other authorized enforcement agency, to seek cumulative or other remedies. SECTION 23, r EFF=ECTIVE DATE - This Local Law shall be and become immediately effective upon filing,'; 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. SEORA; Unlisted Cold War Veteran's Exemption: After some discussion regarding the proposed exemptions for the cold war veterans, it was decided to set a Public Hearing for next month_ Set Public HeariM RESOLUTION 07 -256 RESOLUTION ESTABLISHING PUBLIC HEARING REGARDING PROPOSED LOCAL LAVA NUMBER 1 OF 2008 REGARDING COLD WAR VETERANS' TAX EXEMPTIONS 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 19th day of December, 2007, the foFJowing members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson, Donnie VViJco , ouncihperson; Martin Christopher, Councilperson; and Matthew Besemer, Uounchlperson; 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 foJlo s, Stephen Farkas — afire; Francis Shattuck aye; Connie Wilco — afire; Martin Christopher — aye; Matthew Sesemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to changes in laver regarding veteran tax exemptions allowed by the State of New fork pursuant to Real Property Tax Law §458 -b, the Town Board desires to amend Local Law 95 of 2007 to add the "Cold War 'Veterans Exemption which exemption is available to veterans who served on active duty (exclusive of training) for at least one year in the United States armed forces between September 2, 1945 and December 26, 1991, and who are not currently receiving either the eligible funds or alternative veterans' exemption; and WHEREAS, said Local Law #5 of 2007 would be amended by adding a new Section 4, and rernumbering Sections 4, 5 and 6 as Sections 5, 5, and 7, respectively; an WHEREAS, said new Section 4 would (1) add the Cold War Veterans exemption pursuant to the definitions and guidelines set forth by the State of New `Fork, (2) would include honorably discharged veterans with at least one year of service between September 2, 1945 and December 26, 1991, (3) add up to 15% exemption, with a maximum exemption of $12,000 -00, (4) provide for an exemption of up to $40,000.00 if the applicant has a service - connected disabijity rating; and WHEREAS, the Town has thus elected Option 2C of the available options provided by the State; and WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, 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 fork, being in the Town of Lansing, on the 16th day of January, 2008, at 6.05 o'clock P -M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and concerning the same, 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, i s 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, Open Public Hearing: Resolution 07 — 257 RESOLUTION, offered by r, Shattuck and seconded by Mrs - l lilcoxI RESOLVED, that the Public Hearing on proposed Local Law No. 5 is hereby opened at 6 :37 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 VUilcoX Councilperson Vote of Town Board .. , (gyre) Stephen Farkas, Supervisor Close Public Hearing: Resolution 07 — 258 RESOLUTION, offered by Mr, Shattuck and seconded by tubs, Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Pubiic Hearing was closed at 0:41 p.rn. Vote of Town Board . - . (Aye) Matt Beserner, Councilperson Vote of Town Board ... (Aye) !Marty Christopher, Councilperson Vote of Town Board . , . (Aye) Bud Shattuck, Councilperson Mote of Town Board , - - (Aye) Connie Wilcox, Councilperson Vote of Town Board , . , (Aye) Stephen Farkas, Supervisor 24 3q I Adopt Local Law Number 5: RESOLUTION 07 -259 Resolution Adopting Local Law #5 of 2007 (Senior and Disabled Citizens Tax Exemptions) 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 19th day of December, 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; Matthew Besemer - aye; and the j following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to a change in the senior citizen and disabled persons tax exemptions issued by the State of New York, as adopted by the County of Tompkins, through amendments of Real Property Law § 467; and WHEREAS, Current Lansing Ordinance Number 50 and Local Law #5 of 2002 provide for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by said Real Property Law §467, as amended; and WHEREAS, said proposed Local Law #5 of 2007: defines eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies penalties for providing false statements; and WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State laws concerning eligibility and exemption levels, repeal Ordinance 50 and Local Law #5 of 2002; and WHEREAS, a Public Hearing was duly noticed, called Town Hall, 29 Auburn Road, Lansing, New York, being on the 19th day of December, 2007, at 6:15 o'clock P1 of Local Law Number 5 of 2007, was considered, and the subject thereof were duly heard; and ar in 4., all d held at the Lansing the Town of Lansing, whereat, the adoption persons interested in WHEREAS, the action was and is hereby declared a Type II Action, and no environmental review is therefore required; 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 5 of 2007, as set forth in its entirety below: "TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 5 OF 2007 Senior and Disabled Citizens Real Property Partial Tax Exemption 25 HISTORY: Local Law #5 of 2007 hereby repeals Local Law #5 Of 2002 and Ordinance #50 of the Town of Lansing (which repealed Ordinance No. 5 (as adopted August 9, 1966, which Ordinance was amended November 30, 1970, March 11, 1975, February 14, 1978, June 27, 1979, September 9, 1980, July 30, 1982, March 13, 1984, February 11, 1987 August 15, 1990, January 30, 1991, December 8, 1993, October 12, 1994, December 21, 1994, December 311 1996, December 16, 1998, January 17, 2001, October 16, 2002, and November 15, 2006), SECTION 1. Repeal and Effective Date: Local Ordinance No. 50 of the Town of Lansing, each as repealed in their entirety as of the effective date of Local Local Law shall take effect as of January 1, 2008. irreconcilable conflict between this Local Law and the Property Law, the New York State Real Property Law shal Law #5 of 2002 and amended, are hereby Law #5 of 2007. This In the event of any New York State Real govern. SECTION 2: Authority and Purposes: Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or the combined income of the owners. SECTION 3: Exemption Tables and Qualifications: Such partial exemption shall be to the extent set forth in the following schedule: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS FROM TAXATION Up to $27,001.00 $28,000.00 $29,000.00 $30,000.00 $30,900.00 $31,800.00 $32,700.00 $33,600.00 $34,500.00 to to to to to to to to to $27,000.00 $27,999.00 $28.999.00 $29,999.00 $30,899.00 $31,799.00 $32,699.00 $33,599.00 $34,499.00 $35,399.00 PERCENTAGE ASSESSED VALUATION EXEMPT 50% 45% 40% 35% 30% 25% 20% 15% 10% 5 %; The partial exemption provided by this Local Law shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. This Local Law shall be administered in accordance with said Sections of the Real Property Tax Law, as now adopted, and as may be amended from time to time, and the provisions of said Section 467 shall be applicable to the effectuation of the exemption provided for in this Local Law. SECTION 4: Application Procedures: Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board of Assessment furnished by and to the Tompkins County Assessment Department. All of said owners shall furnish the required information and execute the forms in the manner required by or prescribed in such forms. Such completed form(s) shall be filed in the Assessment Department Office on or before the appropriate taxable status date. SECTION 5. False Statements and Penalties. Any willful false statement made on or in the application for such exemption shall (i) be 26 punishable by a civil penalty of not more than $100.00 collectible by the Town in a civil action in Town Court, or any other court of competent jurisdiction, and (ii) shall disqualify the applicant or applicants from further exemptions for a period of five years. These remedies are non - exclusive, and nothing in this Local Law precludes any criminal proceeding for such false statement(s). SECTION 6: Effective Tax Years. This Local Law shall apply to the applicable taxes for the year 2008, and for future tax years until this Local Law is amended or rescinded."; 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: Amit Shrivastava — 57 Murfield Drive: Mr. Shrivastava stated that he had an incident take place at his residence at 57 Murfield Drive on October 7,2007 which he is still very concerned about. He stated that a bullet hit a window in his house. The window shattered. He called the Sheriffs Department and an investigation is still on going. He was concerned for the welfare of his family as he felt the bullet came from the Tompkins County Fish and Game Club. He stated that guns and automatic weapons are used frequently at the Game Club. The Board suggested he inform the Village of Lansing and to check back with the Sheriff's Department for a status update on the investigation. Planning Department Report: Ms. Kiley reported the following: Planning Department Report December 19, 2007 Building Permits: up 1 for November (15 permits in 2007) but down $578 in fees collected; 19 Certificates of Occupancy for November — 1 more than in 2006. In January, the total permits for the year will be presented but if anyone has questions about building permits, please feel free to stop by the Planning Department, The Community Forum on Energy at Ithaca College was held on November 17. Darby attended and wrote a small article in the Town Newsletter. Gay Nicholson is willing to help develop a program for a public meeting in Lansing. Last month, a new fee schedule was passed out. The Planning Department would like to have these in place soon, but one hold up is that in conjunction, we were hoping to change a section of the pool law to differentiate portable pools and they would have a shorter permit time. Also we need to add to the electrical permit that it is only valid for one year. In March and again in September, we presented some changes to the Land Use Ordinance, and had also included the Pool Law changes. We need to know what will happen with the Pool Law so that the fee schedule is ready to go. We also need to know what the Town Board's wishes are for the Land Use Ordinance Changes. We haven't run into any recent issues related to the short-term changes that we are looking for, but we would like to have a timeline from the board as when they would like to see the changes made. The permit for the Historical Records building has been open for open for 4 years. The Planning Department will get a list together for its completion. 27 M3 The Stormwater Coalition is in the throws of completing the work plan for the DEC grant funding. Sharon Anderson is leading the coordination and helping municipalities. When the work plan is ready for submission, Darby will present the information so that the town is aware of funding for our town and projects that serve the entire group. Engineer's Report. Mr. Herrick was absent so Mr. Farkas read the following report from Mr. Herrick to the Board: ENGINEER'S AGENDA 1, Water System Planning and Maintenance a. Town CWD, Extension #2 — Drake Road • The final design documents (plans and specifications) have been approved by the TCHD. • NYSDEC in Albany must approve the Water Supply Permit prior to construction. • Recommend obtaining the Water Supply Permit before issuing bid documents. Should be mid - January 2008, b. Town CWD, Ext #1 — Algerine and Lansing Station Road • Adhan Piping has installed roughly 3,150 feet of main. By weeks end they will likely reach Ludlow Road intersection and then terminate work until after January 1". • As of December 10, the Town received the NYSDEC Water Supply Permit which is the final agency approval. • Storm water inspections are being conducted weekly while construction is active. The SWPPP Ledger is located at the project staging area (intersection of Algerine and Ridge Road) for public review. • NYSEFC M/WBE Unit has notified the Town that the minority business utilization plan is not yet acceptable. Adhan will make changes to their plan and understand that EFC reimbursements will not be paid until the Plan is accepted. • Work Directives and Change Orders; =:> Pipe route modification across lands of Ford (#47 Algerine Road) eliminated the need for a permanent easement. (No cost modification) => Two additional Rock Check Dams (2) have been requested for erosion and sedimentation control in front of the Lakeview Mobile Home Park. (Unit Price per Rock Check Dam is $375, totaling $750_) Progress Meeting will be January 10, 2008 at 9AM in the Town Hall. c. Town CWD Boundary Expansion — Myers Heights Rear Road • Will initiate work on the Map, Plan and Report following receipt of a `legal' agreement for utilizing the lands of Boles. 2. Storm Sewer Planning and Maintenance a. Lake Forest Subdivision (Drainage District #4) • Map, Plan and Report for the district will be presented at the January 16th meeting. 3. Sanitary Sewer System Planning and Maintenance b. Warren Road Business Parts OF Discuss progress with TCAD, Cornell, Tompkins County, Transonic and Lucente. Highway Superintendent's Report: 30 Algerine Road: 3 �f5 Mr. French felt the contractor was doing a good job but could improve on the safety issues. Snow Removal: Mr. French stated that last year at this time, they Highway guys had 100+ hours in plowing and that this year as of mid December, they have 700 +. Stormwater: Mr. French stated that the County got a $ 500,000.00 grant for the Ludlowville area and that as of yesterday, they received an additional $200,000.00. The first community meeting regarding this project will be held in the spring and the actual project probably won't get started until 2009. Recreation Department Report: Mr. Colt gave the following report: Parks & Recreation Department 12/19/07 Town Board Meeting RECREATION' • We are currently taking registrations for new sessions of Gymnastics, Travel Basketball, Youth Wrestling, Karate, Cardio Step Classes and Adult Open Swim. All of these programs are set to start in January. • Wellness Seminar free wellness seinir directly inviting all Step Cardio class. to speak. - On January 22nd at 1:00 PM, [ have arranged to host a [ar for anyone that would like to attend. We wi11 be of the participants in our Adult Open Swim and our Lance from Molino Physical Therapy has volunteered • We have just under 150 skiers set to start the season on January Th. We will go 6 Monday evenings. Unlike last year, we look to be in great shape. • We sent 24 of our Youth Football helmets to the reconditioner to be cleaned, painted and safety certified. Yesterday all 24 helmets were returned to us and all passed and look like new. PARKS • The new fee schedules for Myers Park have been set and are attached for you to review. • Wednesday January 2nd, we expect to be very busy with early Pavilion reservation and Camping reservation requests. Last year we had people waiting in the parking lot prior to the town hall opening. 29 • This is a lottery year for our marina/boat slips. We are currently planning to conduct the lottery procedure on Wednesday February 601 at 7:00 PM. This procedure establishes the order that applications will be opened and placements made. Generally, it takes about a week to complete the placements. The lottery meeting is open to the public and will be advertised. • The bathroo shower remodeling proj m ect is ongoing and will carry over into the late winter before it is completed. Approve Audit: RESOLUTION 07 — 260 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: CONSOLIDATED ABSTRACT # 012 DATED 12/19/07 AUDITED VOUCHER #'s 1228 — 1364 PREPAY VOUCHER #'s 1228-1233 AUDITED TA VOUCHER #'s 65 = 69 PREPAY TA VOUCHER #'s 65-66,70 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 . TOTAL $ 1073046.52 $ 1,289.77 $ 17,334.69 $ 0.00 $ 42, 318.83 $ 0.00 (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Approve Minutes of November 14, 2007: 30 � q. 31-1 A copy of the minutes of November 14th having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make changes or to accept the same as submitted- Resolution 07 — 261 RESOLUTION, offered by Mr- Christopher and seconded by Mr, Besemer; RESOLVED, that the minutes of November 14, 2007 are hereby approved as submitted- Vote of Town Board , . , (Aye) Matt Besemer, Councilperson Hate of Town Board , .. (Aye) Martyr Christopher, Coun cilperson Vote of Town Board . - - (Aye) Bud Shattuck, Councilperson Vote of Town Board , .. (Aye) Connie Wilcox, Councilperson Vote of Town Board , - - (Are) Stephen Farkas, Supervisor Reappoint Nancy Loncto to the Planning Board: RESOLUTION 07 -262 Resolution Re- Appointing Nancy Loncto to Planning Board 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 19th day of December, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson- Connie Wilcox, Dauncilperson; 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 Matthew Besemer, and was duly seconded by Francis Shattuck; and the vote was as follows; Stephen 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 Planning Board has requested that Nancy Loncto be re- appointed to a 7 -year term on the Planning Board; and WHEREAS, , Nancy Loncto is duly qualified to be and remain on the Planning Board by virtue of having fulfilled mandatory NYS training requirements; and WHEREAS, , upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that Nancy Loncto be and hereby is re- appointed as a member of the Planning Board, effective January 1, 2008 for a term of 7 gears, expiring December 31, 2014, and to thereat serve at the pleasure of the Town Board- Reappoint Dan Konowalow and Ronald Bricker (alternate) to the ZBA Board: RESOLUTION 07-283 Resolution Re- Appointing Daniel Konowalow to ZBA and Re- appointing Ronald Bricker as ZBA Alternate 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 an 19th day of December, 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 1 348 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 Wirlco — aye; Martin Christopher T aye; Matthew Besemer - aye, and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the ZBA has requested that Daniel Konowalow be re- appointed to a 5 -year term on the ZBA; and WHEREAS, the ZBA has requested that Ronald Bricker be re- appointed to a 5" year term on the ZBA as an alternate, and WHEREAS, each of them are duly qualified to be and remain on the ZBA by virtue of having fulfilled mandatory NYS training requirements; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that Daniel k onowalow be re- appointed to a 6-year term on the ZBA, commencing January 1, 2008 and expiring December 31, 2012; and it is further RESOLVED, that Ronald Bricker be re- appointed to a 5 -year term on the ZBA as an alternate, commencing January 1, 2008 and expiring December 31, 20129 Approve SCILWC Contract: RESOLUTION 07-264 Approval of Contract with the Irnternatlonal Union of Operating Engineers for Southern Cayuga Lake Intermunicipal Water Commission's Employees 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 19th day of December, 2007, the following members being present; Stephen Farkas, Supervisor, Francis Shattuck, Councilperson, Connie Wilcox, Councilperson; Martin Christopher ouncilperson; and Matthew Beserner, Councilperson; and the following members being absent; none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded b Francis Shattuck; and the vote was as follows, Stephen Farkas — aye, Francis Shattuck — aye; Connie 1l�filco — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed &0, and was duly adopted; WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Water Commission's (the "Commission ") non - managerial employees in the Production and Distribution Departments voted affirmatively on January 31, 2001 to be represented by the International Union of Operating Engineers for the purposes of collective bargaining; and WHEREAS, in December 2004, the Commission and the employees in the union bargaining unit approved a successor agreement to the original contract; and WHEREAS, the successor agreement expires on December 31, 2007; and WHEREAS, the Commission, in good faith, entered into contract negotiations with the union for a renewed contract for the contract that expires on December 31, 2007; and WHEREAS, on November 1, 2007, the Commission's negotiating team reached tentative agreement on a contract with the union's negotiating team; and 3 3'{q WHEREAS, , the Commission reviewed and approved the tentative contract at the November 1, 2007 meeting of the Commission; and WHEREAS, on November 13, 2007, the employees in the union bargaining unit ratified the tentative contract; and UVHEREA, the Town of Lansing Town Board has reviewed the tentative contract and determined it to be acceptable, and upon due deliberation thereupon, the Town Board cf the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing does hereby approve the tentative contract; and it is further RESOLVED, the Town of Lansing Town Board authorizes the Commission's negotiating team to sign said contract as presented_ SEQF A; Type II McMann's Easv Acres: Mr. Farkas stated that tomorrow at 10:00 a- m- at McMann's Easy Acres farm in Homer it will be announced that 35 million dollars will be set aside for the protection of farm land, Mr. Farkas invited all to attend_ SPCA Contract: A discussion was held and it was decided that the Town of Lansing agrees to contract with the Tompkins County SPCA for the year 2008. The following resolution was adopted: RESOLUTION 07.285 Resolution Authorizing Execution of Extension of SPCA Contract for 2000 : 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 '18th day of December, 2007, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Beserner, Qouncilperson; 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; Matthew Besemer - afire; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Dog control services are mandated by the State have been provided for the past several years by the servicesagreement with the Tompkins County Society for Cruelty to Animals ("TCSPA °); and of New York and Town through a the Prevention of WHEREAS, the Town and the TC PCA have been engaged in negotiations for the price and terms of services for the year 2008; and WHEREAS, the Town and the SPCA have come to an agreement upon the terms of a written agreement; and WHEREAS, the Town Board has reviewed such agreement, and duly deliberated upon the same and upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby 3 RESOLVED, that the Supervisor or Deputy Supervisor be and hereby are authorized to execute such agreement by, on behalf of, and in the name of the Town of Lansing, subject only to the approval of Town Counsel as to the final terms and language thereof, Town Counsel's Report: U utill There has budding movement in New fork Sate to have stvrmwater treated as a utility, Mr, Krogh did not feel the Town of Lansing needed to get involved in this, Bolton Pointlounty Law Suit: Bolton Point and the County got into a law suit over the Health Department deregulation_ The Supreme Court Judge overlooked the statue of limitation. The County appealed and won on the statue of limitation as it is only one gear. Miscellaneous Appointments: Mr, Krogh feels that appointments that exist under various Local Laws should also be in the Organizational minutes each year, Updated "To Do'' list: Mr_ Krogh gave the Board his yearly to do list and noted that there are only 9 items on it. BOARD MEMBER REPORTS: Matt Besemer: Nothing to report at this time. !Marto Christopher: Nothing to report at this time. Connie Wilcox: Technology Committee: MrSr Wilcox asked Mr. Krogh if it would be acceptable for the Town to sell excess equipment on a -bar. She stated that the Town had an extra server and miscellaneous items that their would like to sell, Nor. Krogh saw nothing wrong with this_ Bolton Point: Mrs, Wilcox stated that the negotiating went well at Bolton Paint in regard to the updated contract. She stated that there was a cost of living increase given. Bud Shattuic k: !Nothing to report at this time, Steve Farkas: 4 3� Thanked all who were involved with hire during his tirne as Supervisor and encouraged a1J to attend the Board Meetings- Executive Session: Resolution 07 — 266 RESOLUTION, offered by Mr, Shattuck and seconded by Mrs. Wilcox, RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss a personnel issue of a Town employee at 7:56 p,m, Mote of Town Board Mote of Town , Board - Vote of Town Board . Vote of Town Board Vote of Town , Board . Exit Executive Session: (Aye) Matt Besemer, councii1person (Aye) Marty Christopher, ounoilperson (Aye) Bud Shattuck, Councilperson .. (Aye) Connie Wilcox, Councilperson . (Aye) Stephen Farkas, Supervisor Resolution 07-267 RESOLUTION, offered by Mr. Christopher and seconded by Mrs, 1 ilcox; RESOLVED, that the Executive Session is terminated and the Regular Meeting reconvened at 8:15 p.m, Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of of . Board Town Board Adjourn Meetin (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson .. (Aye) Bonnie Wilcox, Councilperson .. (Aye) Stephen Farkas, Supervisor Resolution 67 � 268 RESOLUTION, offered by Mr. Shattuck and seconded by Mr, Christopher: RESOLVED, that the meeting is hereby adjourned at the Call of the Supervisor, Vote of Town Sward Vote of Town , Board. Vote of Town Board Vote of Town , Board Vote of Town . Board . (Aye) Matt Besemer, Councilperson (Aye) (arty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson ({dye) Connie Wilcox, , Councilperson . (Aye) Stephen Farkas, Supervisor Minutes taken and executed by the Town Clerk- 35 351