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HomeMy WebLinkAbout2025-05-21 May 21, 2025 1 REGULAR TOWN BOARD MEETING May 21, 2025 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY, and streamed live on YouTube on the above date at 6:30 p.m. The meeting was called to order by Ruth Groff, Supervisor, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Judy Drake, Councilperson Laurie Hemmings, Councilperson Christine Montague, Councilperson Joseph Wetmore, Councilperson Ruth Groff, Supervisor ABSENT: No one absent ALSO PRESENT: Mike Moseley, Director of Public Works/Highway Superintendent, Mary Ellen Albrecht, Bookkeeper, Guy Krogh, Town Counsel, John Zepko, Director of Planning, Mike Sigler, Tompkins County Legislator, Edward Dubovi, Conservation Advisory Council Chairperson, Siobhan Hull, Kathleen Yen, Jennifer Tavares, Nathan Tavares, Daniel Graybeal and a few other attendees. MOTION TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2025 TO AMEND TOWN CODE CHAPTER 142, FLOOD DAMAGE PROTECTION – A LOCAL LAW PROVIDING FOR FLOOD DAMAGE PREVENTION, MANAGEMENT AND PERMITTING Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2025 TO AMEND TOWN CODE CHAPTER 142, FLOOD DAMAGE PROTECTION – A LOCAL LAW PROVIDING FOR FLOOD DAMAGE PREVENTION, MANAGEMENT AND PERMITTING at 6:32 pm. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore, moved to CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2025 TO AMEND TOWN CODE CHAPTER 142, FLOOD DAMAGE PROTECTION – A LOCAL LAW PROVIDING FOR FLOOD DAMAGE PREVENTION, MANAGEMENT AND PERMITTING at 6:33 pm. Councilperson Judy Drake seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 3 OF 2025 TO AMEND TOWN CODE CHAPTER 240 “TAXATION”, TO AMEND CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF LANSING Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 3 OF 2025 TO AMEND TOWN CODE CHAPTER 240 “TAXATION”, TO AMEND CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF LANSING at 6:33 pm. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. May 21, 2025 2 MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore, moved to CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 3 OF 2025 TO AMEND TOWN CODE CHAPTER 240“TAXATION”, TO AMEND CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF LANSING at 6:34 pm. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 RESOLUTION ADOPTING LOCAL LAW # 2 OF 2025 TO UPDATE AND REPLACE TOWN CODE CHAPTER 142, ADDRESSING FLOOD PLAIN DAMAGE PROTECTION RULES AND REGULATIONS RESOLUTION 25-59 RESOLUTION ADOPTING LOCAL LAW # 2 OF 2025 TO UPDATE AND REPLACE TOWN CODE CHAPTER 142, ADDRESSING FLOOD PLAIN DAMAGE PROTECTION RULES AND REGULATIONS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, FEMA, ACE, and the DEC have updated flood plain mapping, and the federal and state governments have mandated that all authorities having jurisdiction update their flood plain regulations to conform to standards they have developed, including for lands located in the Town of Lansing; and WHEREAS, allowed local elections were made, including those inserted into blanks left in such mandated forms, and the same has been reviewed and preliminarily approved by the Town and the DEC as a new and superseding local law designed to meet the state and federal mandates, as well as to ensure continuing FEMA eligibility for the Town, and said local law was made the subject of a public hearing on the 21st day of May, 2025, whereat all persons wishing to be heard and all evidence as submitted were considered; and WHEREAS, because this local law does not reorder any environmental priorities and is merely an update to an already existing and complex set of previously mandated requirements, and because it changes no allowed land uses and does not regulate land uses, but only addresses how to obtain permits and approvals in certain designated flood hazard areas, this matter was and hereby is again deemed to be a Type II SEQRA Action (see e.g., 6 NYCRR Part 617, §§ 617.5(c)(25), (30), and (33)), such that no further environmental review is required; and WHEREAS upon deliberation upon the public hearing and comments and evidence submitted thereat, if any, and the terms and requirements of such local law, the Town Board of the Town of Lansing has RESOLVED as follows: 1. Local Law # 2 of 2025 be and hereby is approved and adopted in the form as presented to this meeting and, in such form, “be it so enacted.” 2. In accordance with the Municipal Home Rule Law, the final adopted version of this local law shall be filed with the Town Clerk and the New York Secretary as required by the Municipal Home Rule Law. A copy shall also be filed with and submitted to the DEC at the following address: NYS Department of Environmental Conservation, Floodplain Management Section, Attn: Brad Wenskoski, CFM, 625 Broadway, 4th Floor, Albany, NY 12233-3504. 3. This local law shall be forwarded to the municipal code service for immediate inclusion in the Town Code. May 21, 2025 3 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Judy Drake, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2025. TOWN OF LANSING LOCAL LAW #2 OF 2025 A LOCAL LAW PROVIDING FOR FLOOD DAMAGE PREVENTION, MANAGEMENT, AND PERMITTING SECTION 1.0 - STATUTORY AUTHORIZATION AND PURPOSE 1.1 AUTHORITY AND FINDINGS. This local law is adopted as authorized by The New York State Constitution Article IX, Section 2, Environmental Conservation Law Article 36, and Municipal Home Rule Law § 10. The Town Board of the Town of Lansing finds that the potential or actual damages from flooding and erosion may be a problem to the residents of the Town of Lansing and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. To minimize the threat of such loss or damages, and to achieve the purposes and objectives hereinafter set forth, this local law is adopted and made a part of the Town Code of the Town of Lansing, Chapter 142, hereby repealing, superseding, and replacing current Town Code Chapter 142. 1.2 STATEMENT OF PURPOSE. It is the purpose of these regulations and this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands; and (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3 OBJECTIVES. The objectives of this chapter are: (l) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, May 21, 2025 4 (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 – DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. “Accessory Structure” is a structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Chapter or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or l00-year floodplain. For purposes of this Chapter, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.” "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" See "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete, or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the May 21, 2025 5 definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (l) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation, and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study". "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: May 21, 2025 6 (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Local Administrator, or employee of an engineering department. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One-hundred-year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 5l percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and, May 21, 2025 7 (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. SECTION 3.0 - GENERAL PROVISIONS. 3.1 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Lansing, Tompkins County, New York. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard for the Town of Lansing, Community Number 360852 are identified and defined on the following documents prepared by the Federal Emergency Management Agency. May 21, 2025 8 (1) Flood Insurance Rate Map Panels: 36109C0009D, 36109C0013D, 36109C0020D, 36109C0040D, 36109C0056D, 36109C0057D, 36109C0059D, 36109C0076D, 36109C0077D, 36109C0078D, 36109C0079D, 36109C0081D, 36109C0082D, 36109C0083D, 36109C0084D, 36109C0086D, 36109C0087D, 36109C0091D, 36109C0092D, 36109C0093D, 36109C0094D, 36109C0105D, 36109C0115D, 36109C0182D, 36109C0201D, 36109C0202D, whose effective date is June 18, 2025. (2) A scientific and engineering report entitled “Flood Insurance Study, Tompkins County, New York, (All Jurisdictions),” dated June 18, 2025. The above documents are hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study and/or maps are on file at: Lansing Town Hall, 29 Auburn Rd, Lansing NY, 14882 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS. This Chapter includes all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. 3.5 VIOLATIONS; PENALTIES FOR NON-COMPLIANCE. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered, and no land shall be excavated or filled, without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. The following are violations of this chapter: (i) any act or failure to act in violation of, or non-compliance with, the requirements of this chapter; and (ii) any act or failure to act in violation of, or non-compliance with, the terms and conditions of any permit, stop work order, or certificate of compliance issued under this chapter. The violation of this chapter shall be a criminal offense classified as a “violation,” punishable by a monetary fine of not less than $100 nor more than $500, or imprisonment for not more than l5 days, or both. Each day of noncompliance may be charged as, and shall be considered, a separate offense. Each conviction of each offense shall be separately sentenced under law. In addition: (1) Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared non-compliant and notification sent to the Federal Emergency Management Agency and each and all remedies and rights provided to the Town under this section shall be cumulative, and the Town's pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or in admiralty, whether simultaneously or sequentially; and (2) Any violation of or noncompliance with this chapter may also and separately result in the termination, modification, or revocation of any permits or approvals as issued, the refusal of the Town to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval, until the applicant or person rectifies and cures each and all such violations; and May 21, 2025 9 (3) Until the violation or noncompliance is abated, the Town may suspend any review or other proceedings in relation to any pending matters, permit approvals, or land use reviews or approvals; and (4) Any person who has been in violation of this chapter may also be required to restore or repair any land to its undisturbed condition and any repair, remediation, or removal not undertaken in compliance with an order of the Town may be undertaken, after due notice, by the Town, with the cost of the same to be paid by the applicant or landowner and to become a lien upon the subject real property until paid, and the Town may also commence any one or more civil proceedings in any court of competent jurisdiction to recover the costs of such remediation, removal, repair, or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys’ and experts' fees. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with common law and the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may also bring an action to enjoin and restrain the continuation of such violation and in any such action preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules and the Town shall not be required to: (i) post any bond or undertaking; (ii) prove that there is or will likely be irreparable harm; or (iii) prove that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any criminal convictions and sentences. 3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Lansing any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made there under. SECTION 4.0 - ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR. The Director of Planning & Code Enforcement or other such person(s) as hereafter so appointed by resolution of the Town Board is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT. 4.2-1 PURPOSE. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The Local Administrator may amend and update the permit whenever deemed necessary or required to comply with law or achieve the purposes and goals of this chapter. May 21, 2025 10 4.2-2 FEES. All applications for a floodplain development permit shall be accompanied by an application fee as periodically set by the Town Board, with an initial fee hereby set at $200.00. In addition, the applicant shall be responsible for reimbursing the Town of Lansing for any additional costs necessary for review, inspection, and approval of this project. The Local Administrator may require a deposit as may be periodically set by resolution of the Town Board, with an initial maximum deposit set at $500.00 to cover these additional costs. These fees and deposit amounts may hereafter be periodically amended or updated by resolution of the Town Board. 4.3 APPLICATION FOR A PERMIT. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones A1-A30, AE, or AH or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (5) A certificate from a licensed professional engineer or architect that any non- residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL STRUCTURES. (6) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. 4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR. Duties of the Local Administrator shall include, but not be limited to, the following. 4.4-1 PERMIT APPLICATION REVIEW. The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: May 21, 2025 11 (1) Review all applications for completeness, particularly with the requirements of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-1 SUBDIVISION PROPOSALS. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. 4.4-2 USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 3.2, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. 4.4-3 ALTERATION OF WATERCOURSES (l) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.4-4 CONSTRUCTION STAGE (1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of May 21, 2025 12 a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. 4.4-5 INSPECTIONS. The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 4.4-6 STOP WORK ORDERS (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this chapter. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this chapter. 4.4-7 CERTIFICATE OF COMPLIANCE (l) In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8 INFORMATION TO BE RETAINED. The Local Administrator shall retain, and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a basement; (3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, (5) Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES. May 21, 2025 13 SECTION 5.0 - CONSTRUCTION STANDARDS. 5.1 GENERAL STANDARDS. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 5.1-1 SUBDIVISION PROPOSALS. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (l) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, (3) Adequate drainage shall be provided to reduce exposure to flood damage. 5.1-2 ENCROACHMENTS (1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements, or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Lansing agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Lansing for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Lansing for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construction, substantial improvements, or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Lansing agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received, and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Lansing for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Lansing for all costs related to the final map revisions. (3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordan ce with standard engineering practice. 5.2 STANDARDS FOR ALL STRUCTURES. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. May 21, 2025 14 5.2-1 ANCHORING. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS (l) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A1- A30, AE, AO or A, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.2-4 STORAGE TANKS May 21, 2025 15 (1) Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement during conditions of the base flood. (2) Above-ground tanks shall be: (i) anchored to prevent floatation, collapse, or lateral movement during conditions of the base flood or; (ii) installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet. 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1- 2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: (i) Obtain and reasonably use data available from a federal, state, or other source plus 2 feet of freeboard or: (ii) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 5.4 NON-RESIDENTIAL STRUCTURES. The following standards apply to new and substantially improved commercial, industrial, and other non-residential structures located in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non- residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non- residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or May 21, 2025 16 (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub-section 5.4(1)(ii). (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones A1- A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet (at least three feet if no depth number is specified). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 5.2-1, ANCHORING. 5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. (1) The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. (2) The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: (i) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a one-story, two-car garage. May 21, 2025 17 (3) Accessory structures must meet the standards of Section 5.2-1, ANCHORING, (4) The portions of the accessory structure located below BFE plus two feet of freeboard must be constructed with flood-resistant materials. (5) Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. (6) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (7) The accessory structure must comply with the floodway encroachment provisions of the NFIP. (8) The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). SECTION 6.0 - VARIANCE PROCEDURE 6.1 APPEALS BOARD (l) The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this chapter. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.l(4) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. May 21, 2025 18 (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (l) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in Section 6.l(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing codes, local laws, or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Chapter. Be it enacted this 21st day of May, 2025 by the Town Board of the Town of Lansing, Tompkins County, New York, to be effective immediately upon adoption. Ruth Groff, Town Supervisor: ____________________________ Councilperson Judy Drake: ____________________________ Councilperson Laurie Hemmings: ____________________________ Councilperson Christine Montague: ____________________________ Councilperson Joseph Wetmore: ____________________________ May 21, 2025 19 SEAL ATTEST: _________________________________ Deborah Munson, Town Clerk Attachment A MODEL FLOODPLAIN DEVELOPMENT APPLICATION FORM FLOODPLAIN DEVELOPMENT PERMIT APPLICATION # _________________ This form is to be filled out in duplicate. SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign): 1. No work may start until a permit is issued. 2. The permit may be revoked if any false statements are made herein. 3. If revoked, all work must cease until permit is re-issued. 4. Development shall not be used or occupied until a Certificate of Compliance is issued. 5. The permit is invalid if no work is commenced within six months of issuance, and expires 2 years from date of issuance. 6. Applicant is hereby informed that other permits may be required to fulfill local, state, and federal regulatory requirements. 7. Applicant hereby gives consent to the Local Administrator or his/her representative to make reasonable inspections required to verify compliance. 8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE. ______________________________________________ (APPLICANT'S SIGNATURE) DATE SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT) NAME ADDRESS TELEPHONE: APPLICANT: _____________________________________________________________________ BUILDER: _____________________________________________________________________ ENGINEER: ____________________________________________________________________ PROJECT LOCATION: To avoid delay in processing the application, please provide enough information to easily identify the project location. Provide the street address, lot number or legal description (attach) and, outside urban areas, the distance to the nearest intersecting road or well-known landmark. A map attached to this application, and a sketch showing the project layout would be helpful. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ DESCRIPTION OF WORK (Check all applicable boxes): A. STRUCTURAL DEVELOPMENT May 21, 2025 20 ACTIVITY STRUCTURE TYPE  New Structure  Residential (1-4 Family)  Addition ..  Residential (More than 4 Family)  Alteration ...  Non-residential (Floodproofing?  Yes  No)  Relocation ..  Combined Use (Residential & Commercial)  Demolition ..  Manufactured (Mobile) Home  Replacement (In Manufactured Home Park?  Yes  No) ESTIMATED COST OF PROJECT $_________________ B. OTHER DEVELOPMENT ACTIVITIES:  Fill  Mining  Drilling  Grading  Excavation (Except for Structural Development Checked Above)  Watercourse Alteration (Including Dredging and Channel Modifications)  Drainage Improvements (Including Culvert Work), Stormwater Control Structures or Ponds  Road, Street or Bridge Construction  Subdivision (New or Expansion)  Individual Water or Sewer System  Other (Please Specify): _____ After completing SECTION 2, APPLICANT should submit form to Local Administrator for review. SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL ADMINISTRATOR) The proposed development is located on FIRM Panel No. _______, Dated ___________. The Proposed Development:  The proposed development is reasonably safe from flooding. Entire property is in Zone B, C or X.  The proposed development is in adjacent to a flood prone area. 100-Year flood elevation at the site is: __________Ft.  NGVD 1929/  NAVD 1988 (MSL)  Unavailable  See Section 4 for additional instructions for development that is or may be in a flood prone area. ___________________________________ SIGNED ... DATE SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by LOCAL ADMINISTRATOR) The applicant must submit the documents checked below before the application can be processed:  A site plan showing the location of all existing structures, water bodies, adjacent roads, lot dimensions and proposed development.  Development plans and specifications, drawn to scale, including where applicable: details for anchoring structures, proposed elevation of lowest floor May 21, 2025 21 (including basement), types of water resistant materials used below the first floor, details of floodproofing of utilities located below the first floor, details of enclosures below the first floor, openings in foundation for entry and exit of floodwaters. Other___________________________________________  Elevation Certificate  Subdivision or other development plans (If the subdivision or other development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant must provide 100-year flood elevations if they are not otherwise available).  Plans showing the watercourse location, proposed relocations, Floodway location.  Topographic information showing existing and proposed grades, location of all proposed fill.  Top of new fill elevation __________Ft.  NGVD 1929/  NAVD 1988 (MSL)  PE Certification of Soil Compaction  Floodproofing protection level (non-residential only)  NGVD 1929/  NAVD 1988 (MSL) For floodproofed structures, applicant must attach certification from registered engineer or architect.  Other: ___________________________________________ SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL ADMINISTRATOR) I have determined that the proposed activity: A.  Is B.  Is not in conformance with provisions of Town Code Chapter 142. This permit is hereby issued subject to the conditions attached to and made part of this permit. SIGNED__________________________________, DATE______________________________ If BOX A is checked, the Local Administrator may issue a Development Permit upon payment of designated fee. If BOX B is checked, the Local Administrator will provide a written summary of deficiencies. Applicant may revise and resubmit an application to the Local Administrator or may request a hearing from the Board of Appeals. Expiration Date: ______________________ APPEALS: Appealed to Board of Appeals?  Yes  No Hearing date:__________________________ Appeals Board Decision --- Approved?  Yes  No Conditions:________________________________________________________ _______________________________________________________________. SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before Certificate of Compliance is issued) May 21, 2025 22 The following information must be provided for project structures. This section must be completed by a registered professional engineer or a licensed land surveyor (or attach a certification to this application). Complete 1 or 2 below. 1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in Coastal High Hazard Areas, bottom of lowest structural member of the lowest floor, excluding piling and columns) is: _______ FT.  NGVD 1929/  NAVD 1988 (MSL). Attach Elevation Certificate FEMA Form 81-31 2. Actual (As-Built) Elevation of floodproofing protection is FT.  NGVD 1929/  NAVD 1988 (MSL). Attach Floodproofing Certificate FEMA Form 81-65 NOTE: Any work performed prior to submittal of the above information is at the risk of the Applicant. SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL ADMINISTRATOR) The LOCAL ADMINISTRATOR will complete this section as applicable based on inspection of the project to ensure compliance with the community's laws, codes, and rules for flood damage prevention. INSPECTIONS: DATE_________ BY_____________ DEFICIENCIES?  YES  NO DATE_________ BY_____________ DEFICIENCIES?  YES  NO DATE_________ BY_____________ DEFICIENCIES?  YES  NO SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL ADMINISTRATOR) Certificate of Compliance issued: DATE:_________________________________ BY: _______________________________________________ Attachment B SAMPLE CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA CERTIFICATE OF COMPLIANCE FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA (Owner Must Retain This Certificate) Premises located at: __________________________________________________________ __________________________________________________________ Owner: __________________________________________________________ Owner’s Address: __________________________________________________________ __________________________________________________________ Permit No. ___ Permit Date: _______ Check One: ___New Building May 21, 2025 23 ___Existing Building ___Fill ___Other: The Local Floodplain Administrator is to complete a. or b. below: a. Compliance is hereby certified with the requirements of Town Code Chapter 142. Signed: ___________________, Dated: _________________ b. Compliance is hereby certified with the requirements of Town Code Chapter 142, as modified by variance no. ______, dated _____. Signed: ______________________, Dated: ________________ RESOLUTION ADOPTING LOCAL LAW #3 OF 2025 TO UPDATE CERTAIN TAX EXEMPTION LIMITS, AND ADD NEW ALLOWED EXEMPTIONS, AND THEREBY AMEND TOWN CODE CHAPTER 240 RESOLUTION 25-60 RESOLUTION ADOPTING LOCAL LAW #3 OF 2025 TO UPDATE CERTAIN TAX EXEMPTION LIMITS, AND ADD NEW ALLOWED EXEMPTIONS, AND THEREBY AMEND TOWN CODE CHAPTER 240 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, NYS continually creates new tax exemptions for certain qualifying landowners, and allows and adjusts the maximum allowable amounts of such exemptions from time to time, and the Town has examined the cost of current options respecting the same, as well as what updates and amendments may be appropriate for the Town Code; and WHEREAS, the Town has developed a local law to amend the Town Code to increase the low-income senior and disabled landowner exemptions and the alternate veterans exemption, and to add exemptions for residential capital improvements, ADA improvements, and historic barn preservation, and said local law was made the subject of a public hearing on the 21st day of May, 2025, whereat all persons wishing to be heard and all evidence as submitted were considered; and WHEREAS, this matter was and hereby is again deemed to be a Type II SEQRA Action (see e.g., 6 NYCRR Part 617, §§ 617.5(c)(26) and (33)), such that no further environmental review is required; and WHEREAS upon deliberation upon the public hearing and comments and evidence submitted thereat, if any, and the terms and requirements of such local law, the Town Board of the Town of Lansing has RESOLVED as follows: 1. Local Law # 3 of 2025 be and hereby is approved and adopted in the form as presented to this meeting and, in such form, “be it so enacted.” 2. In accordance with the Municipal Home Rule Law, the final adopted version of this local law shall be filed with the Town Clerk and the New York Secretary as required by the Municipal Home Rule Law. A copy shall also be filed with and submitted to the Tompkins County Department of Assessment, so as to allow qualification as early as possible for such exemptions, as well as to meet the deadline for the 2026 assessment rolls. 3. This local law shall be forwarded to the municipal code service for immediate inclusion in the Town Code. May 21, 2025 24 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Laurie Hemmings, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2025. LOCAL LAW NUMBER #3 OF 2025 A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE TOWN CODE CHAPTER 240 “TAXATION,” TO AMEND CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF LANSING The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated May 21, 2025, does hereby adopt and pass this Local Law Number #3 of 2025, and therefore, BE IT SO ENACTED as follows: SECTION 1 – AUTHORITY: This local law is adopted pursuant to the powers granted by the Town Law of the State of New York, including but not limited to the Real Property Tax Law (“RPTL”) Article 4, Title 2, Town Law § 64, and Municipal Home Rule Law § 10, which authorize the Town of Lansing to adopt local laws providing for the governance and management of town affairs. SECTION 2 – PURPOSE: The purposes of this local law are to formally update and amend tax exemptions allowed under RPTL Article 4, Title 2, to: (1) increase low-income senior and disabled individual exemptions, and add alternative veterans exemptions, both to match the increases or exemption levels provided by Tompkins County under RPTL §§ 467, 459-c, and 458-a, respectively; and (2) to add the Historic Barn exemptions of RPTL § 483-b, the Improvements to Property made Pursuant to the Americans with Disabilities Act of 1990 of RPTL § 459-a, and the Capital Improvements to Residential Properties exemptions of RPTL § 421-f. SECTION 3 – AMENDMENT OF TOWN CODE CHAPTER 240: Town Code Chapter 240 is amended as set forth below: A. The low-income senior and disabled individual exemptions set forth in § 240-3 are amended to read as follows: Annual or Combined Annual Income of Owners Percentage Assessed Valuation Exempt Up to $36,500.00 50% $36,500.00 to $37,500.00 45% $37,500.01 to $38,500.00 40% $38,500.01 to $39,500.00 35% $39,500.01 to $40,400.00 30% $40,400.01 to $41,300.00 25% $41,300.01 to $42,200.00 20% $42,200.01 to $43,100.00 15% $43,100.01 to $44,000.00 10% $44,000.01 to $44,900.00 5% B. A new Article 4 is added, as follows: Article 4. Alternative Veterans Exemption. § 240-15 Legislative intent and effect. May 21, 2025 25 It is the intent of this article to extend Alternative Veterans real property tax exemptions, as authorized by New York State Real Property Tax Law § 458-a, to the fullest extent permitted by law, except that the exemption may be applied to a wartime award of 15% or a maximum amount of $15,000, to a maximum amount of $21,000, so long as this exemption is authorized and approved by New York State and the applicant or beneficiary is properly and duly qualified for such exemption. § 240-16. Severability. If any portion of this article, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this article shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. § 240-17. Effective date. This article shall take effect immediately. C. A new Article 5 is added, as follows: Article 5. Historic Barn Exemption. § 240-15 Legislative intent and effect. It is the intent of this article to extend the Historic Barn real property tax exemption, as authorized by New York State Real Property Tax Law § 483-b, to the fullest extent permitted by law, so long as this exemption is authorized and approved by New York State, the historic barn to which the exemption applies is subjected to a public hearing and a resolution approval by the town as required by such § 483- b(1), and the applicant or beneficiary is properly and duly qualified for such exemption. § 240-16. Severability. If any portion of this article, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this article shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. § 240-17. Effective date. This article shall take effect immediately. D. A new Article 6 is added, as follows: Article 6. Improvements to Property made Pursuant to the Americans with Disabilities Act of 1990. § 240-20 Legislative intent and effect. It is the intent of this article to extend the Improvements to Property made Pursuant to the Americans with Disabilities Act of 1990 real property tax exemptions, as authorized by New York State Real Property Tax Law § 459-a, to the fullest extent permitted by law, and so long as this exemption is authorized and approved by New York State and the applicant or beneficiary is properly and duly qualified for such exemption. May 21, 2025 26 § 240-21. Severability. If any portion of this article, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this article shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. § 240-22. Effective date. This article shall take effect immediately. E. A new Article 7 is added, as follows: Article 7. Capital Improvements to Residential Properties. § 240-20 Legislative intent and effect. It is the intent of this article to extend the Capital Improvements to Real Properties real property tax exemptions, as authorized by New York State Real Property Tax Law § 421-f, to the fullest extent permitted by law, and so long as this exemption is authorized and approved by New York State and the applicant or beneficiary is properly and duly qualified for such exemption. § 240-21 Assessment Application Requirements. The application required for this exemption shall be both submitted to and received by the appropriate assessor’s office within the earlier of one year of the date of issuance of any certificate of occupancy, or the close-out of any building permit issued for the capital improvement being considered for the exemption. § 240-22. Severability. If any portion of this article, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such determination shall be confined in its operation to the invalid part hereof, or in its application to such person, entity, or circumstance as is directly involved in the controversy in which such determination shall have been rendered, and the remainder of this article shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. § 240-23. Effective date. This article shall take effect immediately. SECTION 4 – SAVINGS AND SEVERANCE: The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional must not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which must remain in full force and effect. SECTION 5 – CODIFICATION: This local law shall be incorporated into the Town Code Chapter 240, and the incorporator may designate such new section and numerical headings, or other indexed references, as make for a coherent Town Code, sequentially numbered or marked. Nothing in this local law is intended to disrupt or affect the existing Town Code, except to the extent any existing code provision is herein expressly amended, superseded, or repealed. All other provisions of the Town Code are hereby reaffirmed and continued in force and effect, and the codification of these amendments shall follow the procedure for amending the code as set forth in the code, or in the Town’s local laws, including but not limited to Local Law #2 of 2020. May 21, 2025 27 SECTION 6 – EFFECTIVE DATE: This local law shall take effect immediately. PRIVILEGE OF THE FLOOR – COMMENTS Waterwagon Road Speed Limit Residents from Waterwagon Road voiced concerns about speeding on their road, which currently has no posted speed limit (defaulting to 55 mph). They highlighted safety issues for pedestrians, children, and pets, particularly due to the road being used as a cut- through. Residents presented a petition requesting a 40-mph speed limit. Litany for Town Meeting A resident read their poem - Litany for Town Meeting DEPARTMENT OF PUBLIC WORKS REPORT – MICHAEL MOSELEY Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. DEPARTMENT OF PUBLIC WORKS REPORT May 2025 NEW DEPARTMENT OF PUBLIC WORKS BUILDING: • The Department of Public Works is currently coordinating the logistics for relocating materials to support the establishment of the new facility. • An external company was engaged to perform a comprehensive asbestos assessment on the old salt barn. • The DPW has received multiple Request for Proposals (RFPs) for specialized testing related to the DPW project. These RFPs outline the requirements and scope of work for conducting specific tests to ensure compliance with regulatory standards and to support the successful execution of the project. WEATHER: • Crew members were actively engaged in addressing the flooding caused by the storm on May 6th and May 7th. Their efforts included deploying emergency response measures, clearing debris, and ensuring the safety of affected areas. The team worked diligently to mitigate the impact of the flooding and restore normalcy as quickly as possible. ROADS: • Tompkins County Highway will be replacing the concrete culvert on Conlon Road between Bower and Buck Road. The detour will be diverted to Buck Road. • The road maintenance schedule is currently in progress. This involves a series of planned activities aimed at improving road conditions. • Roadside mowing operations have commenced to improve the line of sight for drivers. This initiative involves trimming vegetation along the roadways to enhance visibility and safety for motorists. • Preparations are underway for the application of stone and oil on the roads. TREE & BRUSH MAINTENANCE: • The annual brush pickup initiative was successfully completed within a timeframe of one and a half weeks. May 21, 2025 28 • Brush drop-off has changed locations from 10 Town Barn Road to 104 Auburn Road (next to Scoops). CEMETERIES: • Cemetery maintenance activities have commenced this spring. These efforts include tasks such as mowing grass, trimming trees and shrubs, cleaning pathways, and repairing any damaged structures. OFFICE: • Thank you to Bob Munson for his generous annual donation of straw to the Lansing Fire Department Easter Egg Hunt. His consistent support over the years has been instrumental in ensuring the success of this cherished community event. • The Town of Lansing has been working hand in hand with the Village of Lansing and the Village of Cayuga Heights regarding the Intermunicipal Agreement for Sewer District One. • The DPW met with Town of Ithaca to gain insights into their use of OpenGov. During the discussion, the team explored how OpenGov is utilized to enhance transparency, streamline operations, and improve public engagement. Mike also reported: Shared Services Thanks to Tompkins County Highway Department, Towns of Dryden and Caroline for helping the Town of Lansing with roads. This saved the taxpayers money. Conlon Road-between Bower and Buck Roads Work is being done on Conlon Road, between Bower and Buck Roads. There will be a detour on Buck Road while road work is being done. Training Attended PERMA training with Emmy Stehnach. Groundbreaking The ceremony for new Department of Public Works was on May 17, 2025. Vacuum Truck The Comptroller is currently reviewing the grant – near the end of the cycle. Cemeteries The Town is responsible for four (4) cemeteries: • Lake Ridge • East Lansing • Miller on Breed Road • German Dutch on Lansingville Road PARKS AND RECREATION REPORT – PATRICK TYRRELL Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. May Town Board Report May 21, 2025 29 RECREATION: • Current programing includes cardio step, yoga, strength & stretch, swimming (Watercats), skating, Zumba, adult swim, horse riding, club volleyball, Girls Strong, LBP, LSP, and adult volleyball. • Our Summer Program Booklet is now available. We are still adding programs. • Weather delays and mowing have been numerous of late; we are doing our best to stay on top of it. • LBP (baseball), LSP (softball) and T-ball have all started their seasons. It has been a challenge with all the rain to get practices and games in. • We are working closely with LCSD on upcoming field usage, both Varsity Boys and Girls soccer program will be using our fields. • We will be having training for our Day Camp staff this week. We are extremely glad to have Dan Cheatham as our director of day camp. PARKS: • More storms have brought us more noticeable tree damage in Myers Park. We have had to remove several more (which has not been cheap). Flooding has caused damage as well, throughout the park. We are losing the shoreline in multiple places. • Continuing site clearing and consolidation in preparation for the New DPW Facility. Creating better access to our back building for office space. Space is getting very tight. • Boats are starting to move into their slips and dry dock spaces in Myers Park. • Camping has opened for the season, even though the weather is not cooperating. • Salt Point will be planted with wildflower seed once it dries out. Clean up day was extraordinarily successful. Thank you to all who volunteered. • Our Health Department inspection for camping went very well, no violations. • Our lake shore at Myers is a mess with trees and debris, this will take several days to clear. • Last summer some of the basketball court surfacing at Myers Park started to peel. These spots will be repaired in May. • Grant work for multiple projects is taking up a tremendous amount of time within our department. I had to make an exceedingly difficult choice to not apply for some. Having a grant writer on staff would be a huge benefit to the Town. • Our Myers Park staff will have a meeting/training later this week so we can open for admission sales this weekend. • Music in the Park schedule now available. It will begin July 10th. • LCSD Graduation will be held at Myers Park this year on June 27th. Preparations have begun to accommodate this. • We have poured a concrete slab around the gazebo/band stand at Myers Park to make it more functional with events. TRAILS: • The Working Group received three proposals for the Greenway Master Plan. The group unanimously recommended the MJ group proposal and is sending it to the Town Board for approval. • The proposal Town Center Greenway Phase 1 has been received and our group will be discussing this next week to make a recommendation to the board. • T.G. Miller is working on the Myers Road Trail feasibility study. • Parks, Recreation, and Trails Working Groups next meeting is May 21st. • The Lansing Center Trail is very wet. We are unable to mow most of the trail. Please use caution and wear boots if you plan to be on it. • The Lansing Center Trails clean-up/planting day went very well. May 21, 2025 30 TOWN HALL/COMMUNITY CENTER: • Our .gov domain name conversion has begun: lansingtownny.gov was accepted. • Door access for after hour meetings has been a challenge with our new system. • The Community Center is currently having issues with air conditioning. • Dave Herrick is working on the RFP for roof replacement on the Community Center and Historical building. • D Squared responded to me the Town Hall roof repair will be under $1,000. Thank you to our Highway Department for their help with numerous items. This is only a very brief overview of what the Parks & Recreation department does, if you have questions or would like to meet with me one on one, please let me know. DIRECTOR OF PLANNING REPORT – JOHN ZEPKO Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. Planning & Code Enforcement John Zepko, Director, CPESC, CFM Reporting Period: April 2025 CURRENT PROJECTS Updated Flood Maps & Local Laws FEMA has recently completed an updated Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) establishing base flood elevations (BFEs) for the Town of Lansing. To maintain eligibility in the NFIP, the Town will need to adopt these new regulatory products into the community's floodplain management regulations to meet the standards of Section 60.3(d) of the NFIP regulations (44 CFR) by May 19, 2025. Ultimately the law must be adopted and in place by the time the new regulatory maps take effect on June 19, 2025. Lansing’s Draft Flood Damage Prevention law has been reviewed by staff, legal counsel, the NY DEC, and Tompkins County 239. A resolution has been presented to the Town Board in this month’s packet to make a negative declaration for SEQR and adopt the local law. MS4 PROGRAM • Outstanding Year-1 requirements o Update an inventory of stormwater treatment practices installed in the Town (both publicly and privately maintained) since 2003. Establish a program to ensure that privately facilities are being inspected and maintained according to an established Stormwater Operations and Maintenance Agreement (SOMRA) or adopted maintenance plan. • Year-2 requirements o Develop and implement a monitoring locations inspection and sampling program o Develop and implement an illicit discharge track down program o Develop and implement an illicit discharge elimination program o Develop inventory of municipal facilities o Review and update the focus areas, target audiences, and/or education and outreach topics o Provide an opportunity for public involvement/participation in the development and implementation of the SWMP o Update the monitoring location inventory o Update the monitoring location prioritization o Inspect the monitoring locations May 21, 2025 31 o Review and update the monitoring location inspection and sampling procedures o Review and update the illicit discharge track down procedures o Provide training on the MS4 Operator's illicit discharge elimination procedures prior to conducting illicit discharge elimination o Provide training on the MS4 Operator's illicit discharge elimination procedures prior to conducting illicit discharge elimination o Sweep streets in business and commercially areas o Review and update the municipal operations procedures ZONING UPDATE • The Town of Lansing is a recipient of $100,000 of funding through Environmental Protection Fund Smart Growth Community Planning (CFA #140499). A meeting was held with a representative from the NY Dept. of State on 22 April 2025 to discuss the program requirements and next steps. INTERACTIVE ZONING MAP – MAPLINK MapLink is an interactive zoning map integrated with eCode360 (via General Code) which provides businesses, property owners, constituents, and staff more comprehensive access to the Town’s Zoning Ordinance. With MapLink a user can do more that simply identify the zoning of a piece of property but can also query where certain uses may be allowed. The interactive zoning map includes clickable links to the Town’s full zoning code as it is published in eCode 360. MapLink is a tool that will save time answering zoning questions. PLANNING BOARD The following were heard at the 28 April 2025 Planning Board meeting 1. Project: Final Plat Review of Minor Subdivision (2 Lots) of land at 25 Sperry Lane Applicant: Joseph Lovejoy Location: 25 Sperry Lane Project Description: Minor subdivision of lands located at 25 Sperry Lane into two new parcels: Parcel A (.748 ac) and Parcel B (.726 ac). This project is located in the R2 zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Approved 2. Project: Final Plat Review of Conlon Corners Minor Subdivision (4 Lots) Applicant: Andy Sciarabba on behalf of Jesse Young (owner) Location: 113 Bower Road Project Description: Minor subdivision of lands located at 113 Bower Road into four new parcels: Lots 1-3 (1.5 ac each) and the remaining 182-acre parent lot. This project will also have a 20’ easement with the Town for the installation of a walking trail. This project is located in the RA zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Approved 3. Project: Site Plan Review of “Sperling Studio” Applicant: Andy Sciarabba on behalf of Josh Sperling (owner) Location: 2073 E Shore Drive (located in the old IGA building) Project Description: Art / woodworking studio including new site improvements. This project is located in the B1 zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Approved with Conditions 4. Project: Site Plan Review – 89 Goodman Road Applicant: Kevin Kirby, owner May 21, 2025 32 Location: 89 Goodman Road Project Description: Site Plan Review of small, home-based business named the “Barksville Inn”. This project is located in the AG zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Approved with Conditions 5. Project: Preliminary Plat Review of Minor Subdivision (2 Lots) of land at 655 Ridge Road Applicant: Pat Miller Location: 655 Ridge Road Project Description: Minor subdivision of lands located at 655 Ridge Road into two parcels: Lot 1 (24.5 acres) and Lot 2 (6.75 acres). This project is located in the R2 zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Public Hearing, SEQR part 2, final approvals – May’s meeting 6. Project: Preliminary Plat Review of Minor Subdivision (2 Lots) of land at 372 Holden Road Applicant: Nolan Hatfield Location: 372 Holden Road Project Description: Minor subdivision of lands located at 372 Holden Road into two parcels: the new “Parcel C” (2.68 acres) and remaining “Parent Parcel” (27.6 acres). This project is located in the AG zoning district SEQR: Unlisted Action – part 2 required Anticipated Action: Public Hearing, SEQR part 2, final approvals – May’s meeting 7. Project: Sketch Plan review of 0 Sun Path Subdivision Applicant: Nate Cooke Location: 0 Sun Path Project Description: Sketch Plan review of 0 Sun Path SEQR: N/A Anticipated Action: Sketch Plan review of project – May’s meeting ZONING BOARD OF APPEALS The following were heard at the 9 April 2025 Zoning Board of Appeals meeting 1. Project: Area Variance for an in-home animal care facility Applicant: Kevin Kirby, owner/operator Location: 89 Goodman Road, TPN 20.-1-8.220 Project Description: The applicant has applied for an Area Variance and is seeking relief from a 150’ setback requirement applicable to Animal Care Facilities located in the AG zoning district. SEQR: This project is a Type II action Action: Public Hearing, conditions & approval 2. Project: Area Variance for the construction of a 24’ x 40’ pole barn garage Applicant: Nick Jordan, property owner Location: 394 Van Ostrand Road, TPN 29-1-17 Project Description: The applicant has applied for an Area Variance to construct a 24’ x 40’ (approx. 960 sq/ft) pole barn and needs relief from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a 1) southern side yard setback of 4’ where 15’ is required and for a 2) western rear setback of 4’ where 25’ is required. SEQR: This project is a Type II action Anticipated Action: Public Hearing, conditions & approval May 21, 2025 33 CODE ENFORCEMENT PERMIT DATA APRIL 2025 Fees Collected $6,971.50 Estimated Project Cost $1,487,255.00 Certificate of Occupancy/Compliance 14 Building Permits 27 One- & Two-Family Residences 3 New Businesses 0 Multi-Family Residences (3 or more units) 0 TOTAL 2025 Misc. Fee Collected to date $6,925.00 John also reported: Trainings Attended • NY Planning Federation Conference • NYS Energy Symposium Dandy Mini Mart Currently filling and grading soil. Soil coming from Lansing School construction project. TOWN CLERK REPORT – DEBBIE MUNSON Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. TOWN CLERK MAY 2025 Professional Municipal Clerk’s Week – May 4, 2025 – May 11, 2025 New York State Town Clerks Association (NYSTCA) Conference Debbie and Jessie attended the annual conference for NYSTCA on April 28 – 30th in Syracuse. We always learn so much at the conference. Some topics that we attended were Updates from Association of Towns, Public Notices, Towns and Regulated Cemeteries, FOIL, DECALS update, NYS Retirement, Special Elections, Town Clerk Audit Findings and Spies, Espionage & Cyber Threat Actors. Training/Webinars Debbie and Jessie attended an Association of Towns tax webinar on May 1st, 2025. Several topics were discussed including the Judicial Security Act and if counties are required to make towns whole on any charges that were assessed and levied as part of town cleanup costs. Water and Sewer Bills May is very busy collecting water and sewer payments. Total bills: 1889 of which 408 were emailed. There was an error on the printed bills stating they are due on May 26th, that is incorrect, and payments are due by May 27th. May 21, 2025 34 Ethics Disclosure Statements Our office emailed all positions who are required to complete an annual ethics disclosure statement on May 5th. They are required to be returned to our office by May 19th. We are still missing over twenty (20). The Ethics Board plans to review them at their meeting on June 5, 2025. Break Room Employees have been enjoying the breakroom space that has been created in the kitchen area. We are looking at room dividers to complete the area. Cayuga Lake National Bank (CLNB) Debbie and Jessie attended a very nice breakfast which was specifically for CLNB municipalities. LANSING COMMUNITY LIBRARY REPORT – ANNIE JOHNSON Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY May 2025 1. Congratulations to Lauren Chambliss, Dan Dwyer, and Matthew Montague for their recent election to the Board of Trustees! We are also happy to announce that the budget passed for 2026. 2. Don’t forget that if the Library is closed, you still have access to Libby, Hoopla, and Kanopy! 3. The library continues to provide free delivery to Woodsedge. The library also has a mobile wireless hotspot available for check out. The Wi-Fi is not password protected. The community is welcome to park in the lot to access the Internet. 4. Learn to play American Mah Jongg every Wednesday (new day!) at 10:00 am. 5. The library has an Empire Pass and passes to the Museum of the Earth and the Cayuga Nature Center available for check out. Board games, puzzles, story time kits, and STEAM kits are also available. 6. The Library now offers free period products using an Aunt Flow dispenser. Unfortunately, we are no longer able to supply free COVID tests. We can help residents contact the USPS to get free tests in the mail. 7. Chair Yoga is offered every Monday at 9:30 am. 8. Book Club will be held Tuesday, May 20th. We are reading “The Berry Pickers” by Amanda Peters this month. 9. Learn T’ai Chi on Fridays at 10:30 am. 10. There is a year-round book sale at the Library. 11. May story times on Thursdays: 8th (Outer Space), 15th (Bilingual), 22nd (Balloons and Bubbles), and 29th (Picnics). 12. Summer reading kick off will be Saturday, June 21st at 10:30 am with a performance from Circus Culture at 11 am. May 21, 2025 35 13. The Prom Closet is now open, where new and gently used formal wear are available for use. 14. The art exhibition is featuring self-portraits from the Lansing 6th graders. It will be up from May 5-16th. 15. Moana was chosen as the Summer Movie, to be shown at the Town Hall on Saturday August 9th. 16. The winner of the summer reading logo contest is Zoe P! She faced tough competition from many fabulous entries. 17. The Library will be closed on Monday, May 26th for Memorial Day. LANSING YOUTH SERVICES REPORT – RICK ALVORD Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. Lansing Youth Services Town Board Report May 2025 Robust Robots: Robust Robots finished strong with all students creating patterns for the Ozobots to follow. Two students were very intent on creating a “dance” for their Ozobots, including special moves like super speed mode, slow motion, zigzagging to another part of the course, and the tornado. The large, multi-board track was used heavily and students loved trying to “trick” the Ozobot by using color patterns that were foreign to the robot, usually just bypassing the command. A lot of fun was had trying to create new commands. Youth created a Spheros challenge with a long preprogrammed path to the front of the school through three hallways. Make it Monday’s is up next where students will plan and work within a budget for the next weeks activities. 9 youth served. Outdoor Adventure: Students in Outdoor Adventure finished out the final days enjoying watching the fish run up Salmon Creek to spawn. All of the fish seemed to be White Suckers and two students were still able to catch some, 7 in total. Another very popular activity was finding fossils. The Trilobite deposit has produced some of the largest examples I have seen outside of a museum, so lots of careful excavation was completed. Spring has also brought the arrival of new life, and the group was able to follow raccoon and mink tracks along the shore, trying to figure out what those animals were up to, which seemed to be looking for the same fish as the students. Up next is Outdoor Adventure- Base Camp. As the camping season is approaching, skills to set up a campsite, set a tarp for shelter, how to hang a bear bag, different ways to make fire, and how to safely use knives. 12 youth served. Gaming Creation: This group of game creators were very thoughtful and intentional with their games and game pieces. Each group had different game pieces or boards they wanted to have 3-D printed. All of the printing was completed by our youth employee and students were extremely happy with the results. The detail in the game pieces is quite impressive and the cube for 3-D Chess came out great. One favorite was the “Girl Scouts” game, as most of the places to land all had positive aspects to them, rather than “return to start” or “lose a turn”, there was “move ahead”, or “pick another number” or my favorite- “congratulations! You get a box of cookies of your choice”. Most of the students are wanting to return to either continue making their games or participate in the next program which is Game On. 10 youth served. Iron Chef- Outdoor Edition: Participants in this program had quite the battle with the weather which kept the group indoors most of the time. However, this group was very flexible and didn’t mind cooking recipes indoors that they can transfer to outdoors over a fire at another time. The group made pizzas, along with campfire nachos, both of which May 21, 2025 36 satisfied lots of hunger. The final day was back over a campfire at Salmon Creek where campfire apple pie was requested, this time allowing more time for cooking and a lot of whipped cream! Up next is Science on the Shore, where students will head to Myers Park each day to observe native and invasive species, document as many of those they can, create a guidebook for Myers Point, perform water quality testing, and get in a nice hike to and from the park each day. 12 youth served. Youth Employment: The youth employees have been busy all around, working with the high school library, the Lansing Public Library, and as Lansing Youth Services Assistants. The high school library assistant has been busier than normal helping them prepare for summer and the next school year, and he is eager to work as much as he can before he heads off to college. At the Lansing Public Library several youths are transitioning seniors and staff are working on filling those positions. One youth has started already and is working as an apprentice to learn the ropes, and another has just applied. Our Lansing Youth Services Assistants were critical in making the Gaming Creation program a success with their 3-D printing experience and our new Assistant is growing daily. He responds well to direction and advice and is also very eager to work as many hours as he can. 12 youth served. TOMPKINS COUNTY LEGISLATOR REPORT – MIKE SIGLER Submitted the following report to the Town Board and it was available as a handout. Tompkins County Legislator Michael Sigler May 2025 Hello and thank you for having me again. I have good news to report on our Rapid Medical Response program. When we developed this at the county, I believed Lansing would see a large return on this investment and the numbers are bearing that out. As you can see Lansing which had fairly poor response times has benefited a great deal from the program. We have cut our initial response times and over the last years saw between 32 and 63 calls a month. A reminder, this is not an ambulance, but our goal is to have a medical professional to your door as quickly as possible and this program is working. The state seems to be moving in the direction of requiring ambulance services and that may require more county involvement. This sets the stage for that and in the meantime is protecting the residents of Lansing to a much higher degree than just a year and half ago. May 21, 2025 37 I want to thank our new communication director Monica Savage whose reports I draw liberally from. The county has been talking about our green initiatives and their effectiveness and there’s good news on our natural gas usage. Tompkins County Chief Sustainability Officer Terry Carroll presented statistics regarding the County’s energy use and expenses. As a result of the County’s Green Facilities initiatives, energy usage across County facilities has significantly decreased. In 2024, electricity use dropped by 1.96% while natural gas use reduced by 31.14% compared to 2023. We’ve still seen increased energy costs of $166,000 however, largely due to energy supply increases and energy delivery rate hikes. Phase I of the Green Facilities project has been completed. This was work on virtually every County building. The County is awaiting approximately $1.8 million in Federal IRS clean energy tax credit returns, which will help fund Phase II of this project, including a solar installation at the Whole Health department and replacement boilers at May 21, 2025 38 the Human Services Building. A new solar project in Lansing has put in for state funding. This is the community solar array out near AES Cayuga. We are working on enforcement of Cannabis laws at the County in the hopes of putting illegal/unlicensed cannabis shops out of business. Tompkins County Attorney Maury Josephson noted, “It is an equity issue. Some folks went to great lengths to go through the licensing process and are being undercut by the bootleggers.” The first step will be identifying the scope of the problem and the property owners. Some on the legislature hoped to adopt some guidelines on public protest similar to the City of Ithaca that color codes protest so it’s clear what is not acceptable like the blocking of roads, vandalism and violence, but that was voted down by the legislature opposed by Legislators Pillar, Black, Brooks, Brown, Champion, Koreman, and Klein. Opposing comments invoked historic quotes by Martin Luther King Jr., “a moral responsibility to disobey unjust laws” (Champion, D-Ithaca) and Frederick Douglass, “power concedes nothing without a demand” (Pillar). The 2026 budget process has started. We have not set a target goal yet which we usually do, but there’s a lot in flux and we will have another retreat in July. Facilities and Infrastructure Committee Chair Lee Shurtleff outlined the roadwork the Highway Department will be undertaking this year, including full paving of 24.71 miles and chip-sealed paving of 58.35 miles. Some of that is in Lansing and I’ve posted those roads to Facebook. The Highway Department maintains 106 bridges and centerline miles of roads in Tompkins County. Challenges include significant cost increases – from $125,000 per mile to $200,000 for full paving and from $10,000 per mile to $15,000 for chip-sealing. Last night Lee updated us on the Center of Government project. That is moving ahead with Holt Architecture having initial plans and while we’ve investigated other options, this still is the most cost effective for the county’s current and future needs. Memorial Day is coming up Monday and there will be a remembrance at the North Lansing Cemetery at 9:30 and the Peruville Cemetery at 10 am with other stops at local cemeteries before, between and after. Also, Lansing’s own Gus Isaac’s funeral will be Friday at 1pm at Lansing United Methodist and then he will be laid to rest at Pine Grove Cemetery immediately after. Gus was a highly decorated WWII veteran who served in Europe. He came under heavy fire while building a bridge in France. His actions allowed Allied servicemembers to retreat and save many lives that day. Thank you for having me. Mike also reported: Easter Egg Hunts Thanks to the Fire Department and Lansing Rod and Gun Club for doing Easter Egg Hunts. Lansing School Congratulations to Susan Tabrizi and Matt Hektor for winning the School Board Election and thanks to Dave Hatfield for running. Yellow Barn Solar Project Governor Hochul has signed the contract. May 21, 2025 39 CONSENT AGENDA a. MOTION AUTHORIZING EXECUTION OF THE NYSDEC PUBLICLY OWNED SEWER SYSTEM (POSS) REGISTRATION APPLICATION AND NOTIFIER AGREEMENT FOR THE SEWAGE POLLUTION RIGHT TO KNOW ACT MOTION M25-12 MOTION AUTHORIZING EXECUTION OF THE NYSDEC PUBLICLY OWNED SEWER SYSTEM (POSS) REGISTRATION APPLICATION AND NOTIFIER AGREEMENT FOR THE SEWAGE POLLUTION RIGHT TO KNOW ACT Motion authorizing the execution of the NYSDEC POSS Registration Application for the Sewage Right to Know Act. Registration application will be executed by the Town Supervisor Ruth Groff as the Principal Executive Officer. Mike Moseley and Jamar Redmond will be designated as Notifiers for the NY-Alert system and are authorized to sign Notifier Agreements. b. MOTION TO APPROVE HIRING MATTHEW A. ELDRED AND HARTER SECREST & EMERY LLP, ROCHESTER, NY, AS CONSULTING AND SPECIAL COUNSEL FOR ORES APPLICATIONS, INCLUDING THE CAYUGA SOLAR PROJECT AND THE SILVERLINE ENERGY CENTER MOTION M25-13 MOTION TO APPROVE HIRING MATTHEW A. ELDRED AND HARTER SECREST & EMERY LLP, ROCHESTER, NY, AS CONSULTING AND SPECIAL COUNSEL FOR ORES APPLICATIONS, INCLUDING THE CAYUGA SOLAR PROJECT AND THE SILVERLINE ENERGY CENTER Motion approving hiring Matthew A. Eldred and the Harter Secrest & Emery LLP, Rochester, NY, as consulting and special counsel, to work mainly with Town Counsel and the Planning Department relative to ORES applications, including but not limited to the Cayuga Solar Project and the Silverline Energy Center project, and environmental reviews thereunder, together with such other services as may mutually be agreed upon between special counsel and the Town, and further authorizing Supervisor to sign engagement agreement for these purposes by and on behalf of the Town of Lansing. c. MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 511 COMPUTER SYSTEMS AND INTERNET/EMAIL SERVICE MOTION M25-14 MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 511 COMPUTER SYSTEMS AND INTERNET/EMAIL SERVICE Motion to approve the following amendment to the § 511 of the Town of Lansing Employee Handbook, entitled “Computer Systems and Internet/Email Service”, subparagraph entitled “Scope” with the effective date of such amendment deemed to be May 22, 2025, with such amended subsection amended to hereafter read as follows: “Scope” This policy must be followed in conjunction with other Town of Lansing policies governing appropriate workplace conduct and behavior. For the purposes of this policy, all references to computer systems, electronic communication equipment, communication systems, or technology, shall include May 21, 2025 40 all devices that store information or are used to communicate electronically, including but not limited to cell phones, iPads, laptops and desktop computers. Any employee who abuses the company-provided access to email, the internet, or other electronic communications or networks, including social media, may be denied future access and, if appropriate, be subject to disciplinary action up to and including termination. The Town of Lansing complies with all applicable federal, state and local laws as they concern the employer/employee relationship, and nothing contained herein should be misconstrued to violate any of the rights or responsibilities contained in such laws. Questions regarding the appropriate use of the Town of Lansing’s electronic communications equipment or systems, including email and the internet, should be directed to your Department Head or the information technology (IT) department.” d. MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 510 TELEPHONE / CELL PHONE USAGE MOTION M25-15 MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 510 TELEPHONE / CELL PHONE USAGE Motion to approve the following amendment to the § 510 of the Town of Lansing Employee Handbook, entitled “Telephone / Cell Phone Usage”, with the effective date of such amendment deemed to be June 23, 2025, with such amended § 510 to now be wholly replaced to read as follows: 510 Cell Phone Policy I. Purpose and Objective. The purpose of this policy is to ensure employees have the tools and services necessary to effectively perform the duties and responsibilities of their position; to promote a productive work environment with minimal distractions; and to keep employees safe. For the purposes of this policy, when “cell phone” is referenced, this includes wireless, hand-held electronic devices including smart phones such as iPhones, androids, tablets or similar devices which can be used for phone calls, text messaging or internet and email access. This policy outlines the appropriate and safe use of cell phones in the workplace including while driving a personal vehicle for business purposes or while in a Town vehicle. For employees whose job duties and responsibilities require the frequent use of a cellular device, the Town may issue a business cell phone for work-related communications or alternatively provide a cell phone allowance paid as a taxable benefit through payroll, for use of a personal cell phone. II. Appropriate Use of Cell Phones A. While in the Workplace. The following guidelines must be observed by all cell phone users in the workplace or while conducting business on behalf of the Town regardless of the location. 1. Cell phones should be turned off, or set to silent or vibrate mode, during meetings, conferences and in any circumstance where incoming calls may be disruptive. 2. While at work, employees are expected to exercise discretion when using cell phones. Excessive personal calls or texting during the workday can interfere with employee productivity and be distracting to others. Employees are encouraged to make any personal calls during non-work time when possible or step out of the work area to minimize distracting co-workers. May 21, 2025 41 3. An employee who uses a cell phone for work-related purposes must follow all pertinent IT policies including the Town of Lansing’s Computer Systems and Internet/E-mail Service policy. As stated in that policy, internal and external email, voicemail, text messages and other electronic communications are considered business records and may be subject to discovery in the event of litigation. Employees must be aware of this possibility when communicating electronically within and outside the company, including when utilizing personal devices for Town business. B. While Driving or Operating Equipment. Employees must prioritize safety when using cell phones in the workplace. This includes while operating machinery or performing tasks that require full attention. 1. Employees must adhere to all applicable local, state, and federal laws and regulations regarding cell phone use and prioritize safety while in any vehicle. This includes all Town-owned vehicles and equipment such as trucks, excavators, RTV’s, ATV’s or similar as well as personal vehicles being used for Town business. 2. The Town does not require use of a cellphone while driving. Safety must come before all other concerns. Employees with job responsibilities that may include driving, are expected to refrain from using a cell phone while driving. 3. Reading or sending text messages and/or emails while driving is strictly prohibited. 4. Regardless of the circumstances, including slow or stopped traffic, if a call is placed or accepted while in a vehicle, employees are required to use appropriately installed, hands-free devices, Bluetooth capabilities, or pull off to the side of the road and safely stop the vehicle before placing or accepting the call. 5. To facilitate the provisions of this policy, hands-free equipment may be provided with Town-issued phones or in Town vehicles when necessary. 6. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Special care should be taken in situations where there is traffic or inclement weather, or the employee is driving in an unfamiliar area. 7. Employees who are charged with traffic violations resulting from the use of a cell phone while driving will be solely & personally responsible for all liabilities that result from such actions, regardless of whether the cell phone is Town-issued or personal, and regardless of whether the call was work- related or personal. C. While in the Vicinity of Hazardous Materials. Employees must be aware of their surroundings and refrain from cell phone use while in the vicinity of hazardous and/or flammable materials such as paint thinner, aerosol cans, diesel fuel, and gasoline. This includes the area around fueling stations and while pumping fuel into vehicles, mowers, or gas cans. III. Cell Phones – Town-Issued or Personal Cell Phone Used for Town Business. This policy applies to all personnel who have been issued a cell phone which was purchased by the Town or has a personal cell phone which is used to conduct business on behalf of the Town. A. Town-Issued Cell Phone. 1. When an employee’s job duties and responsibilities necessitates use of a cell phone, it is the policy of the Town to consider the issuance of a business cell phone for work-related communications. 2. Town-issued cell phones must be authorized by the employee’s supervisor. The supervisor will be responsible for determining the appropriate equipment and best cell phone plan. 3. Personal use of Town-issued cell phones should be kept to a minimum. An employee may not make or receive personal calls on a Town-issued cell phone May 21, 2025 42 that will result in additional charges to the Town, except in an emergency or with prior approval from their supervisor. The employee must reimburse the Town for any additional charges incurred as a result of personal use. 4. An employee who has been issued a cell phone must follow all pertinent IT policies including the Town of Lansing’s Computer Systems and Internet/E- mail Service policy. This policy provides requirements and guidelines as to the appropriate use of, and prohibited uses of, Town-issued electronic devices including internet and email requirements. 5. Employees in possession of Town-issued cell phones are expected to protect the equipment from loss, damage or theft. Town-issued cell phones are the property of the Town, and must be treated, used, and safeguarded as such. 6. Employees must immediately notify their supervisor in the event of the loss, theft, or damage of a Town-issued cell phone. The Town may hold employees financially responsible for the loss, theft, or damage of a Town-issued cell phone if the loss, theft or damage was due to negligence. 7. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the phone for upgrade, security updates, inspection or return. B. Personal Cell Phone Used for Town Business 1. Employees whose job duties and responsibilities require frequent use of a cell phone may be eligible to receive extra compensation in the form of a taxable cell phone allowance paid via payroll. 2. This is a taxable fringe benefit. The Town will not reimburse employees for any additional taxes as a result of receiving this allowance. 3. This allowance does not constitute an increase to base pay and will not be included as base compensation for future raises, salary adjustments, retirement contributions, or other employee benefits. 4. Upon approval, the employee will receive a cell phone allowance in their regular paychecks paid twice monthly for the duration of eligibility. 5. Eligibility to receive a cell phone allowance must be reviewed and approved by the Department Head. The Town Supervisor will be the approving signature for Dept Heads, Town Clerk, Justices and Highway Superintendent. Both the employee and the person approving the allowance must sign a completed Cell Phone Allowance Request Form. 6. No cell phone allowance will be paid until this form is completed, reviewed and signed by Human Resources/Bookkeeper and on file with Payroll. 7. The Department Head is responsible for a periodic review of cell phone allowances in his/her department. Reviews should be completed when there is a change to an employee’s position which may affect eligibility and no less than annually thereafter. 8. Position duties and responsibilities that may meet the criteria for justification include: a. Position duties that frequently require working offsite, outside of the normal office environment, and responsibilities that include making critical business decisions requiring immediate attention. b. The employee frequently receives emergency or critical calls outside regular working hours and is expected to return the call and respond to the situation immediately. c. The employee is designated as essential personnel in the event of an emergency which affects Town infrastructure, public health or safety and subsequently coordinates, directs, and supervises the response and necessary work. d. The employee has responsibilities that require use of a cell phone to access confidential or essential websites and/or programs critical to Town business. e. The employee responsibilities include being on-call and available to come to work outside regular working hours in the event of an emergency. f. Other duties and responsibilities as defined and approved by the Department Head. May 21, 2025 43 9. The employee must maintain an active cell phone plan as long as the cell phone allowance is in effect. If the employees’ cell phone number changes, they must notify their Department Head and the Bookkeeper immediately. 10. The employee is responsible for the purchase and maintenance of a cell phone to appropriately carry out their job duties and responsibilities as outlined on their Cell Phone Request Form. 11. The Town will not be liable for the loss, theft or damage of personal cellphones. IV. Non-Compliance. Employees violating this policy will be subject to discipline, up to and including termination of employment. The Town Supervisor shall be advised of any breaches of this policy and will be responsible for appropriate remedial action, which may include revocation of the privilege to use cellular devices and disciplinary action, including suspension or termination of employment. e. MOTION TO ADOPT CELL PHONE ALLOWANCE REQUEST FORM EFFECTIVE JUNE 23, 2025 MOTION 25-16 MOTION TO ADOPT CELL PHONE ALLOWANCE REQUEST FORM EFFECTIVE JUNE 23, 2025 Motion to adopt the Cell Phone Allowance Request Form as provided at this meeting, with an effective date of June 23, 2025. This form will be used to identify employees who are eligible for a cell phone allowance which will be paid with the employees paycheck, which is reflective of the same time period as their paycheck, the prior two weeks phone usage. f. MOTION TO AMEND SALARY INCIDENT TO THE PUBLIC OFFICE OF TOWN OF LANSING HISTORIAN MOTION 25-17 MOTION TO AMEND SALARY INCIDENT TO THE PUBLIC OFFICE OF TOWN OF LANSING HISTORIAN Motion for the Town of Lansing to amend the salary incident to the public office of Town of Lansing Historian, to $1,500 per year, to be paid with the December vouchers. If the Historian is appointed after January 1st or resigns prior to December 31st, their pay will be prorated based on the number of full months of service. g. RESOLUTION APPROVING AND AUTHORIZING BID DOCUMENTS FOR THE TOWN OF LANSING’S BUILDING ENERGY IMPROVEMENTS RESOLUTION 25-61 RESOLUTION APPROVING AND AUTHORIZING BID DOCUMENTS FOR THE TOWN OF LANSING’S BUILDING ENERGY IMPROVEMENTS The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Hall at 29 Auburn Road, Lansing, NY, has experienced difficulties with the HVAC system for many years, while the Town has spent thousands of dollars each year providing temporary fixes on an HVAC system that is twenty-five years old and nearing the end of its useful life; and WHEREAS, on July 17, 2024, the Town Board agreed to move ahead with a total replacement of the HVAC system, based on the Tompkins County Business Energy Advisors report of February 2024; and May 21, 2025 44 WHEREAS, on February 28, 2025, agreement number 242915 from New York State Energy Research and Development Authority (“NYSERDA”) was fully executed, awarding the Town of Lansing an award amount of $90,000, toward the replacement of the current system with a geothermal system; and upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the bid documents be and hereby are approved, and the Town Clerk is directed to advertise the bid and to send bid documents to any person requesting the same; and further RESOLVED, that the form of the bid documents and awarding to the successful bidder be and hereby is approved, and the Town Supervisor be and hereby is authorized to execute each of the same by, for, on behalf of, and in the name of the Town of Lansing upon approval of the final form of such documents and contract by Town Counsel. h. RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER 225 ARTICLE II, STORMWATER MANAGEMENT & EROSION CONTROL RESOLUTION 25-62 RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER 225 ARTICLE II, STORMWATER MANAGEMENT & EROSION CONTROL The following Resolution was duly presented for consideration by the Town Board: WHEREAS 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) requires that a Lead Agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS State Law specifies that for actions governed by local environmental review, the Lead Agency shall be that local agency which has primary responsibility for approving and carrying out the action; and WHEREAS adoption of A Local Law of The Town of Lansing to Amend the Code of the Town of Lansing Chapter 225 Article II, Stormwater Management & Erosion Control is an Unlisted Action under the State Environmental Quality Review Act, which requires environmental review; and WHEREAS the Town Board is the local agency with primary responsibility for approving the action; and RESOLVED, that pursuant to §617.6(b)(1) of the State Environmental Quality Review Act (SEQRA), the Town of Lansing declares itself Lead Agency. i. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH GENERAL CODE TO PROVIDE INTERACTIVE MAPLINK SOFTWARE FOR UTILIZATION BY TOWN RESIDENTS AND PROPERTY OWNERS, AND FACILITATING INTERACTION WITH THE PLANNING & CODE ENFORCEMENT DEPARTMENT RESOLUTION 25-63 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH GENERAL CODE TO PROVIDE INTERACTIVE MAPLINK SOFTWARE FOR May 21, 2025 45 UTILIZATION BY TOWN RESIDENTS AND PROPERTY OWNERS, AND FACILITATING INTERACTION WITH THE PLANNING & CODE ENFORCEMENT DEPARTMENT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Department of Planning and Code Enforcement performs various legally mandated permitting, licensing and code enforcement activities to regulate construction, maintenance and use of buildings, structures and land in the Town of Lansing; and WHEREAS, it would also be a great benefit to residents and property owners in the Town to enable them to interact with the zoning map, code, and land use regulations online, for their convenience, and to modernize, streamline, and expedite project planning and necessary procedures to obtain permits and licenses; and WHEREAS, the purchase of the aforesaid software solution and contract services will address two major priorities: (1) improve Town government efficiency and transparency by leveraging technology to facilitate citizen access to land use regulations and to reduce in-person transactions related to permitting activities, (2) digitize government client services in the Planning and Code Enforcement Department; and WHEREAS, General Code has proposed a three-year Agreement at a total cost of $2,495 per year (the amount to be paid in 2025 will be $ 9,740 [which includes Project Build and Annual Hosting for the first year]); and WHEREAS, this is a Type II Action under the State Environmental Quality Review Act Section 617.5(c)(26), which requires no environmental review; and now therefore be it RESOLVED, that the Town Board hereby selects General Code as the provider for the Map Link interactive zoning map and eCode 360 integration, and associated professional services, approves the Authorization and Agreement, and authorizes the Town Supervisor to execute the Authorization and Agreement and related documents, subject to the approval of the Town Supervisor after consultation with the Attorney for the Town. j. RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 25-64 RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT The Supervisor submitted her monthly report for the months of March and April 2025, to all Board Members and to the Town Clerk. The March Supervisor’s Report was reviewed by Councilperson Joseph Wetmore and the April Supervisor’s Report was reviewed by Councilperson Laurie Hemmings. The bills were reviewed by Councilperson Joseph Wetmore and Councilperson Laurie Hemmings. The Supervisor’s Reports be approved as submitted and the Bookkeeper or the Accountant is hereby authorized to pay the following bills and to make the following budget modifications. May 21, 2025 46 CONSOLIDATED ABSTRACT # 005 Budget Modifications for MAY 21st, 2025 Town Board Meeting Warren Road Sewer District - SS1 Fund May 21st, 2025 FROM TO FOR AMOUNT SS1-599 (Appropriated Fund Balance) SS1-1420.400 (Attorney - Contractual) To cover un-budgeted expenses related to IMA with Village of Lansing/Cayuga Heights $ 3,345.00 SS1-8120.403 (Sewer- Contractual - Utilities) SS1-9050.800 (Unemployment Insurance) Cover additional unemployment expense $ 14.71 Cherry Road Sewer District - SS3 Fund May 21st, 2025 FROM TO FOR AMOUNT SS3-599 (Appropriated Fund Balance) SS3-1420.400 (Attorney - Contractual) To cover un-budgeted expenses related to IMA with Village of Lansing/Cayuga Heights $ 2,052.50 SS3-599 (Appropriated Fund Balance) SS3-1440.400 (Engineering - Contractual) To cover un-budgeted expenses related to IMA with Village of Lansing/Cayuga Heights $ 1,004.18 k. CONSENT AGENDA MOTIONS M25-12 – M25-17 AND RESOLUTIONS 25-61 – 25-64 RESOLUTION 25-65 May 21, 2025 47 CONSENT AGENDA MOTIONS M25-12 – M25-17 AND RESOLUTIONS 25-61 – 25-64 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Consent Agenda Motions M25-12 – M25-17 and Resolutions 25-61 – 25-64, are hereby approved as presented and amended, and The question of the adoption of such proposed Consent Agenda Motions and Resolutions were duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Laurie Hemmings, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye Accordingly, the foregoing Resolutions were approved, carried, and duly adopted on May 21, 2025. MOTION AUTHORIZING THE TOWN OF LANSING SUPERVISOR TO SIGN THE STIPULATION OF SETTLEMENT IN THE MATTER OF YELLOW BARN SOLAR, LLC, BY AND BETWEEN YELLOW BARN SOLAR, LLC AND THE TOWN OF LANSING Councilperson Judy Drake recused herself due to a conflict of interest. MOTION 25-18 MOTION AUTHORIZING THE TOWN OF LANSING SUPERVISOR TO SIGN THE STIPULATION OF SETTLEMENT IN THE MATTER OF YELLOW BARN SOLAR, LLC, BY AND BETWEEN YELLOW BARN SOLAR, LLC AND THE TOWN OF LANSING Councilperson Joseph Wetmore moved to authorize the Town of Lansing Supervisor to sign the Stipulation of Settlement in the matter of Yellow Barn Solar, LLC, by and between Yellow Barn Solar, LLC and the Town of Lansing in settlement of certain issues concerning the Application in this matter, Matter No. 23-02986, for which the Office issued a Draft Permit on December 16, 2024 (DMM Item No. 71). Councilperson Laurie Hemmings seconded the motion. All in Favor – 4 Opposed – 0 MOTION AUTHORIZING AND DIRECTING THE CODE REVISION COMMITTEE TO PREPARE PRELIMINARY DRAFT EDITS TO CHAPTER 225 STORMWATER MANAGEMENT MOTION 25-19 MOTION AUTHORIZING AND DIRECTING THE CODE REVISION COMMITTEE TO PREPARE PRELIMINARY DRAFT EDITS TO CHAPTER 225 STORMWATER MANAGEMENT Councilperson Laurie Hemmings moved that the Code Revision Committee is authorized and directed to prepare Preliminary Draft Amendments to Chapter 225 Stormwater Management in accordance with the Code Revision Committee Preliminary Report dated May 12, 2025. Councilperson Joseph Wetmore seconded the motion. All in Favor – 5 Opposed – 0 May 21, 2025 48 RESOLUTION AUTHORIZING ADDENDUM #1 TO CONSTRUCTION MANAGEMENT AGREEMENT WITH LeCHASE CONSTRUCTION SERVICE, LLC TO EXTEND PROJECT TIMELINES AND ADJUST THE COSTS OF CONSTRUCTION MANAGEMENT SERVICES RESOLUTION 25-66 RESOLUTION AUTHORIZING ADDENDUM #1 TO CONSTRUCTION MANAGEMENT AGREEMENT WITH LeCHASE CONSTRUCTION SERVICE, LLC TO EXTEND PROJECT TIMELINES AND ADJUST THE COSTS OF CONSTRUCTION MANAGEMENT SERVICES The following Resolution was duly presented for consideration by the Town Board: WHEREAS, LeChase Construction Service, LLC (“LeChase”) and the Town entered into a construction management agreement dated January 17, 2024, and said agreement provided a fixed price for construction management services based upon a calculated matrix involving the cost of the project and the length and review requirements of the design, bid, and construction phases of the Town Department of Public Works Building Campus (the “Project”); and WHEREAS, such agreement provided that upon any expansion of services or extensions of timelines the Town could or would be responsible for increases in costs based upon such matrix; and WHEREAS, the preconstruction phase was plotted at an estimate of 8 months, but actually lasted 14 months, the construction phase was plotted at 14 months but now is anticipated to run 17 months, and final project closeout timing was expected to be one month and i s now two months, thus resulting in an increase of construction management costs of $228,000, part of which has already been incurred for preconstruction and bidding services; and WHEREAS, much of this extra time and additional reviews were caused by increases in original project costs, cost overruns, value engineering reviews, some redesigned facilities and features to reduce costs, and other delays not caused by LeChase, nor within the scope of the work of LeChase; and WHEREAS, the Town received a request for amendments to the agreement and additional compensation from LeChase under said agreement, and the same has been vetted and reviewed, and the Town has duly noted that it was partly and materially due to the work and advice of LeChase that this project came in at two million dollars below prior projections as supplied during the last bonding process; and WHEREAS, upon consideration of the foregoing premises and the scope and progress of the Project to date, the Town Board of the Town of Lansing has hereby: RESOLVED, that the requests for additional compensation and to extend the project timeline be and hereby are approved, and the Town Supervisor may sign both the LeChase letter agreement dated March 21, 2025 to such effect, as well as the formal Addendum #1 to the Town-LeChase AIA C132-2019 Construction Management Services Agreement as presented to this meeting. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Laurie Hemmings, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye May 21, 2025 49 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2025. RESOLUTION ACCEPTING PROPOSAL FROM MJ ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING, P.C. FOR TOWN GREENWAY MASTER PLANNING RESOLUTION 25-67 RESOLUTION ACCEPTING PROPOSAL FROM MJ ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING, P.C. FOR TOWN GREENWAY MASTER PLANNING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing requested proposals for a Town Greenway Master Plan (formerly Comprehensive Trails Plan) from five consulting firms and received proposals from four firms; and WHEREAS, the Town Parks, Recreation and Trails Working Group reviewed the proposals received and unanimously agreed on the proposal presented by MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. ; and WHEREAS, the Town Board has reviewed the proposal dated April 11, 2025 submitted by MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C.; and WHEREAS, the Town Board finds the proposal from MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. meets the needs of the Town, and it is in the best interest of the Town to accept said proposal; and WHEREAS, upon due deliberation being had thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, the Town Board of the Town of Lansing hereby accepts the proposal (dated April 11, 2025) of MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. for the Town Greenway Master Plan, as submitted; and be it further RESOLVED, that the Town Supervisor is hereby authorized to request a contract with MJ Engineering for said services, subject to the terms and conditions outlined in the proposal and as approved by the Town Attorney; and be it furthermore RESOLVED, that the Town will pay for the contract utilizing funds received by grant award #24-592 of $50,000 over two years, to the Town by the Park Foundation and said grant was accepted by the Town Board on September 18, 2024 by Motion M24-22. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Laurie Hemmings, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2025. RESOLUTION AMENDING TOWN CODE CHAPTER 206 APPENDIX A, SEWER RULES AND REGULATIONS SECTION A.(3)(a) – SANITARY WASTE PERMIT FEE May 21, 2025 50 RESOLUTION 25-68 RESOLUTION AMENDING TOWN CODE CHAPTER 206 APPENDIX A, SEWER RULES AND REGULATIONS SECTION A.(3)(a) – SANITARY WASTE PERMIT FEE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town of Lansing Code §206-20 states, “Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality;” and WHEREAS, the Water, Sewer, and Stormwater Committee (WSSC) reviewed the current administrative costs associated with issuing a sanitary waste permit, and determined that $350 is a reasonable amount to cover the cost of two inspections and the other administrative costs, with an additional $100 per inspection for any additional inspections required; and WHEREAS, this action is classified as a Type II SEQRA, such that no environmental review is necessary or required; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that Town Code Chapter 206, Appendix A, Sewer Rules and Regulations, Section A.(3)(a) be amended to read, “The application fee for a Sanitary Waste Permit is $350, with an additional $100 per inspection if more than two inspections are required.” The question of the adoption of such proposed Resolution was duly motioned by Councilperson Laurie Hemmings, duly seconded by Councilperson Joseph Wetmore, and put to a roll call vote with the following results: Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye Supervisor Ruth Groff – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May 21, 2025. MOTION FOR THE TOWN OF LANSING TO AWARD THE BID FOR SPECIAL TESTING AND INSPECTIONS TO CME ASSOCIATES, INC., WITH A PURCHASE ORDER NOT TO EXCEED $90,000 MOTION 25-20 MOTION FOR THE TOWN OF LANSING TO AWARD THE BID FOR SPECIAL TESTING AND INSPECTIONS TO CME ASSOCIATES, INC., WITH A PURCHASE ORDER NOT TO EXCEED $90,000 Councilperson Joseph Wetmore moved to award Special Testing and Inspections to CME Associates Inc. for the DPW project. LeChase Construction recommends CME May 21, 2025 51 Associates, Inc. as the lowest responsible bidder with a purchase order recommended to be issued with a cost not to exceed $90,000.00. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 BOARD MEMBER REPORTS Judy Drake Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. Judy Drake Town Board Member Report May 2025 Lansing Fire Commissioners - May 6, 2025- Calls in April: Fire: 32 EMS: 61 No Response: 0 Total Calls: 93 Total Calls for Year: 431 Personnel Management Committee – May 7, 2025 – cancelled Other related meetings: Ruth, Judy and Mary Ellen met twice to begin work on an Office Job Classification System. Also reviewed the Town’s health insurance plans in comparison to other plans available through the Municipal Health Insurance Consortium and reviewed the cell phone policy revisions. Lansing Zoning Board of Appeals – May 14, 2025 1) Project: Requesting an Area Variance regarding a storage building Location: 13 Waterwagon Road – TPN 42.-1-1.121 R2 Zoning District Project Description: The applicant has applied for an Area Variance and is seeking relief from setbacks to replace an existing barn with a new pole barn. Discussion: The applicant owns all the property surrounding the lot. Decision: Variance granted. Laurie Hemmings No report. Christine Montague Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. Christine Montague Town Board Member Report May 2025 Tompkins Co. Chamber of Commerce / Lansing meeting, April 30 - Lansing residents, business owners and representatives from Anna Kelles’ office and The Tompkins Co Chamber of Commerce met to discuss ideas for actualizing the Lansing of our dreams. - Business owners have concerns with how their buildings are approved. They feel that they have had complicated and confusing routes to getting things built and that they need better guidance from both the Planning department / Code Enforcement and the Planning Board. Residents who have built houses in Lansing also said that the process was much longer and more complicated than it should have been. - Business owners asked if the sign law can be adjusted so they could advertise on part of the fences at the ball field. That would bring in revenue to the Town and May 21, 2025 52 allow local businesses to advertise. There was an idea of adding a cafe at Myers Park. - Many had a vision of a Lansing Town Center with things to do and a place for teenagers to go. We discussed the need for infrastructure in that area first. The Chamber and the business owners were interested in being in the advisory group formed for rewriting our zoning laws. - The Town Librarian is hoping to get a teen center combined with a library and a certified kitchen for small businesses to make their food to sell. She is also planning on upgrading the webpage that the Town could turn into a community website. - People noted that the schools seem to be closed off from the rest of the community. Those who tried to reserve a room or use the facilities have found it impossible. On the positive side, the school has been able to pull together some funds to get local business owners to do upgrades at the homes of less fortunate students. Tompkins Co. Youth Services Advisory Board, April 28 - We had a presentation from The Learning Web, one of the agencies funded by County Youth Services. They described their services, which include career tours and experiences for teens, professional development for staff of other agencies, and emergency food, mental health and housing for young people. They have expanded their mental health services, a transitional living program, life skills training for young people, and a supporting strong families program. - Youth Services is developing a resource hub to help the county school districts’ liaisons that are tasked with helping homeless youth. Lansing Housing Authority, April 28 - The board accepted a quote for fixing a catch basin and looked at quotes for resealing the parking lot and replacing windows and siding. Conservation Advisory Council, May 7 - The CAC had a presentation from Rebecca Schneider from the Dept of Natural Resources at Cornell. She spoke on land use strategies and alternative ditch designs to reduce flooding and degradation of streams and the lake. - Jerry Sheng from Cooperative Extension informed us of two potential granting sources. One is to fund a climate action plan to increase resiliency. We would need to choose a focus. He also mentioned that NYSERDA has grants for towns to explore the reuse of fossil fuel plants that have shut down. Joseph Wetmore Submitted the following report to the Town Board and it was included in the meeting packet which was available on Town of Lansing website and as a handout. Joseph Wetmore Town Board Member Report May 2025 DOS Environmental Protection Fund Smart Growth Community Planning and Zoning Program 2024 Grant Tuesday, April 22⋅9:30 – 10:30am Project initiation meeting with the Department of State Project Manager to discuss the NYS DOS Environmental Protection Fund Smart Growth Community Planning Zoning Grant requirements. Code Revision Committee Monthly Meeting Wednesday, April 23⋅10:00am – 12:00pm Updating the Stormwater Local Law to address thresholds – John will ask the Town Board if this committee should raise the threshold for requiring a storm water pollution prevention plan from the current 2-acre threshold to the State and Federal 5-acre threshold. This would include something to the effect that construction on steep slopes is required to show that they will not increase runoff rates more than preconstruction conditions. May 21, 2025 53 Cannabis – Joe will send to Ruth a copy of the document prepared by C.J. several years ago, and Ruth will ask Guy to draft rules around cannabis sales in the town, using the previous document as a starting point. It was deemed relevant that the code related to solar should be reviewed to see if it needs to be split into separate sections so if ORES overrides one section, they don't override the entire paragraph. John will ask the town board to approve the committee working on this. Discuss Zoning Advisory Committee – A requirement of the recently accepted grant from the New York Department of State, is that the Town create a Zoning Advisory Committee. Ruth will ask the board to form a new committee for this project. We discussed who we should consider adding to this committee, and the following suggestions were put forth: all of the members of the Codes Revision Committee, someone from the agricultural district, a realtor, a businessperson, someone with an interest in trails, a member of the Conservation Advisory Council, and a resident or neighborhood representative. That requirement, which identifies suggested membership, as stated in the grant contract was read to the committee: “Establish a Zoning Advisory Committee to oversee all aspects of the project in cooperation with municipal officials and the project team. For communities with an established planning board and/or zoning board of appeals, the Committee shall have at least one member from each body and shall include a range of stakeholders, such as residents, civic leaders, business owners, elected officials, environmental experts, neighborhood association representatives, and municipal board members from a range of ethnic, social, and cultural backgrounds.” The goal is to compile a list of suggested members and send it to the Town Board for the June meeting. Cayuga Lake Watershed Intermunicipal Organization (CWIO) (Zoom Meeting) Wednesday, April 23⋅7:00 – 9:00pm *Presentation: Prioritizing Source Water in Planning and Development presented by Roxanna Johnston, *City of Ithaca Watershed Coordinator and WTP Lab Director Report *Watershed Manager update * Monthly Report Chair Report - Roxy Johnston *Review of updated dues information *Committee Reports *Executive Committee *Education, Public Participation and Outreach Planning Board Monday, April 28⋅6:30 – 8:30pm *Minor subdivision of lands located at 25 Sperry Lane into two new parcels: Parcel A (.748 ac) and Parcel B (.726 ac). This project is located in the R2 zoning district. Board approved the project. *Minor subdivision of lands located at 113 Bower Road into four new parcels: Lots 1-3 (1.5 ac each) and the remaining 182-acre parent lot. This project will also have a 20’ easement with the Town for the installation of a walking trail. This project is located in the RA zoning district. Board approved the project. *2073 E Shore Drive (located in the old IGA building). Art / woodworking studio including new site improvements. This project is located in the B1 zoning district. Board approved the project with conditions. *89 Goodman Road. Project Description: Site Plan Review of small, home-based business named the “Barksville Inn”. This project is located in the AG zoning district. Board approved the project with conditions. *Minor subdivision of lands located at 655 Ridge Road into two parcels: Lot 1 (24.5 acres) and Lot 2 (6.75 acres). This project is located in the R2 zoning district. Board set Public Hearing for May 19, 2025 C1003123 - Town of Lansing Zoning Update - Pre Contract Meeting Wednesday, April 30⋅10:00 – 11:00am Meeting with NYS Department of State Contract Management Specialist to give the town step- by-step instructions on how to fill out the contract and other associated documents. Yellow Barn Stipulation Discussion Wednesday, May 7⋅4:00 – 5:00pm May 21, 2025 54 Met with Matthew A. Eldred, Senior Associate at Harter Secrest & Emery LLP Representatives from Groton to discuss final details of the Yellow Barn Stipulation agreement. Groundbreaking Ceremony at the DPW campus Saturday, May 17⋅11:00am – 12:00pm Attended Groundbreaking Ceremony. Bylaws Committee Owasco Lake Watershed Management Council, Inc Tuesday, May 20⋅8:00 – 10:00am (Joe stated at the Town Board meeting, this was cancelled.) Committee meeting to discuss updates to the Owasco Lake Watershed Management Council, Inc.’s bylaws. Owasco Lake Watershed Management Council, Inc. Tuesday, May 20⋅10:00 – 11:30am *Director’s Summary – Adam Effler *Treasurer’s Audit and Finance Report *April 2025 Financials Approval * 2024 Financial Audit Approval *Lake Level Report *Insight into Lake Dynamics from the Owasco Lake Buoy (Recording) *NYSDEC FL Hub Update *Owasco Watershed Lake Association Update *Cornell Cooperative Extension Update *Watershed Inspection Monthly Report Ruth Groff No report. WORK SESSION Conservation Advisory Council (CAC) to Conservation Board The following items were discussed: • Increased workload and legal obligation • Time commitment and resources needed • Lack of training and expertise • Insufficient integration with other Town Boards • Strain on Town staff and logistics • Impact on the development process • Questionable justification at present • Cost to taxpayers • 45-day response window • Member readiness and support Proponents argued it is a natural progression following the completion of the Open Space Index, aligning current practices with the board's intended policy role and providing another advisory tool for the Town and Planning Boards. The current CAC chair expressed reservations, noting that CAC members were previously opposed due to the increased responsibilities and potential resource/training needs. While a board would be required to review development on properties listed in the conservation plan (currently over 70 acres, but the threshold could be lowered), the CAC members feel they lack the necessary training and integration with other town units (Planning Board, Zoning Board of Appeals) to effectively fulfill this role at present. Lack of dedicated staff support, and resources were also highlighted as concerns. The suggestion was made to gather more information from the Town of Ithaca's Conservation Board, which has extensive experience. Ultimately, the Town Board decided to postpone a decision and gather more May 21, 2025 55 information, including potential costs and required training, rather than rush into the conversion. Review of Cash Management and Investment Policy The Town is currently operating under an outdated investment policy from 1990. A draft from a later date that was never formally adopted was found. The plan is to update this policy, likely incorporating aspects of cash management and receipts policies to create a more comprehensive document. Key areas needing updates include the designated depositories and ensuring compliance with current state rules and regulations from the local finance law and the State Comptroller. The Supervisor, Bookkeeper, Accountant and the Town Clerk's office will be involved in the review, and potentially the Town's Auditors or Municipal Solutions could provide assistance in checking compliance and suggesting good examples. The goal is to pass an updated policy and then conduct annual reviews. Change Order Threshold for Supervisor to Approve for New DPW Facility Project Given the ongoing construction of the new Department of Public Works (DPW) facility, which is expected to generate change orders, the Town Board discussed authorizing the Town Supervisor to approve change orders up to a certain financial threshold without requiring full Town Board approval for each instance. The proposed threshold should be $35,000, aligning with the procurement policy limit for bids. This would streamline the process, saving significant time (30-50 days per change order). The resolution (June Town Board Meeting) authorizing this would also require the Supervisor to report any approved change orders to the Town Board. Options for Scoops Scoops currently operates on Town-owned property under a lease that expires in April 2026. The property was originally owned by the Town, then sold, then purchased again by the Town due to contamination concerns, inheriting the existing lease. The Town is now considering whether to extend the arrangement. A key financial consideration is that if the property is used commercially as of March 1st, the Town must pay a full year's taxes on it. The Public Works Department uses a portion of this property temporarily for mulch and brush storage, and while there are logistical challenges with wind carrying material, it is not currently an impediment to Scoops' operation. Concerns were raised about the Town subsidizing a private business and potential tax implications of leasing public land for commercial use. An alternative model, similar to Myers Park concessions or boat rentals, involves the Town establishing a facility and then franchising the service, which can avoid tax liability. The Town Board decided to offer Scoops a license extension (through February 28, 2027) to provide time to explore long-term options. These options include potentially relocating Scoops to a different Town-owned site (like a park or ball fields/trails) and/or converting the arrangement to a franchise model, which would be put out to bid. The Parks, Recreation, and Trails committee will explore suitable locations and infrastructure needs for a potential future concession. Delaware Solar Involves two parcels • Draft host community agreement o $35,000/megawatt – 8-megawatt project ▪ Onetime payment $280,000 Myers Park Workout Station A proposed calisthenics workout station at Myers Park, with partial funding of $15,000 offered by Jay Dietershagen, was discussed. The project would require about an additional $10,000 from the Town. The Town Board determined that this project should May 21, 2025 56 go through the 2026 budget process rather than being approved for immediate implementation due to unbudgeted Town costs and the need for a structured approach to accepting donations and implementing projects. It was suggested that the Lansing Community Council might do fundraising for the $10,000. Supervisor Ruth Groff will contact Jay Dietershagen, Lansing Community Council and Friends of Salt Point. MOTION TO ENTER CLOSED SESSION Councilperson Joseph Wetmore moved to ENTER CLOSED SESSION FOR ADVICE OF COUNSEL AT 8:46 PM. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO EXIT CLOSED SESSION Councilperson Christine Montague moved to EXIT CLOSED SESSION AT 9:08 PM. Councilperson Laurie Hemmings seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO ADJOURN MEETING Councilperson Judy Drake moved to ADJOURN THE MEETING AT 9:09 PM. Councilperson Joseph Wetmore seconded the motion. All in Favor – 5 Opposed – 0 Minutes taken and executed by the Town Clerk. Minutes beginning with Closed Session were taken by Guy Krogh, Town Counsel and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson, RMC Town Clerk