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HomeMy WebLinkAboutLL#4 of 2025 New Ch. 56 - Compensation for Certain Appointees LOCAL LAW NUMBER #4 OF 2025 A LOCAL LAW OF THE TOWN OF LANSING TO ESTABLISH THE SALARIES AND METHODS OF PAY FOR PLANNING BOARD MEMBERS, ZONING BOARD OF APPEALS MEMBERS, AND THE TOWN HISTORIAN The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated June 18, 2025, does hereby adopt and pass this Local Law Number #4 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 Town Law §§ 27, 64, 267, and 271, Public Officers Law § 3 et seq., the Statute of Local Governments § 10, 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 establish the rate and method of pay of salaries incident to certain public offices, specifically including members of the Planning Board, members of the Zoning Board of Appeals, and the Town Historian. By enacting this local law, the Town is superseding Town Law §§ 27, 267, and 271, and the requirements of the Arts and Cultural Affairs Law § 57.07 to the extent they define or require payments and payment calculations as incidents of positions or of fices held to be paid pursuant to a traditional salary formula, and not upon hourly rates, per diem rates, flat rates, annual rates prorated by days, weeks, months, or quarters, or other methods of setting and calculating pay rates, salaries, or recompense for employment or services. SECTION 3 – AMENDMENT OF TOWN CODE: The Town Code is amended by adding a new Chapter 56, entitled “Compensation” as follows: Chapter 56 Compensation § 56-1. General Provisions. This chapter applies only to the particular civil service job titles and positions and public offices as are directly herein addressed, and it shall not be applied to other offices or positions. This chapter supersedes Town Law § 27(1) insofar as the same may prohibit compensation of Planning Board and Zoning Board members on a per meeting or per meeting attended basis. This chapter further supersedes said Town Law, the Public Officers Law (including § 67 therein) and the Arts and Cultural Affairs Law § 57.07 and related provisions, to the extent that the same may require paying a salary in any given terms, form, manner, or frequency for certain public employment positions and public offices. § 56-2 Town of Lansing Planning Board Members and Alternates. The Town Board of the Town of Lansing is authorized to compensate Planning Board members and Alternates on the basis of a stipend per planning board meeting attended. Nothing in this chapter is intended to prohibit the Town Board from compensating said members and alternates upon any other basis permitted by law, and the compensation provided may periodically hereafter be established and amended by resolution of the Town Board. § 56-3 Town of Lansing Zoning Board of Appeals Members and Alternates. The Town Board of the Town of Lansing is authorized to compensate Zoning Board of Appeals members and Alternates on the basis of a stipend per zoning board of appeals meeting attended. Nothing in this chapter is intended to prohibit the Town Board from compensating said members and alternates upon any other basis permitted by law, and the compensation provided may periodically hereafter be established and amended by resolution of the Town Board. § 56-4 Town Historian. The Town Board of the Town of Lansing may determine compensation for the Town Historian by a flat rate per year, an hourly rate, a project or per diem rate, or any other basis as is determined reasonable and proper by such Town Board. Nothing in this chapter is intended to prohibit the Town Board from compensating Town Historians (and any deputies) from being compensated upon any other basis permitted by law, and the compensation provided may periodically hereafter be established and amended by resolution of the Town Board. § 56-5 Severability. If any portion of this chapter as written, or as applied 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 chapter shall not be impaired thereby and such determination shall not be deemed or construed to apply to other persons, entities, or circumstances. SECTION 4 – SAVINGS AND SEVERANCE: The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this local law as declared by the valid judgment of any court of competent jurisdiction shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase in this local law, which shall remain in full force and effect. SECTION 5 – CODIFICATION: This local law shall be incorporated into the Town Code as a new chapter thereof, 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. SECTION 6 – EFFECTIVE DATE: This local law shall take effect immediately.