MINUTES
of a meeting of the Board of Trustees of the Village of Lansing held on Monday,
April 17, 2000, in the Village Office.
PRESENT:
Mayor Don Hartill; Trustees Lynn Leopold, Larry Fresinski, Frank Moore and John
Bailey; Planning Board Member Carol Klepack; Village Attorney Randy Marcus,
Village Engineer David Putnam, Part-time Clerk Carol Willard and 3 members of
the public.
Mayor
Don Hartill called the meeting to order at 7:38P.M.
Pledge
of Allegiance.
The
Mayor opened the public comment period. There were no comments.
Motion- To Close Public Comment Period
Trustee John Bailey moved to close the public
comment period.
Trustee Frank Moore seconded the motion. A vote was
taken:
Mayor
Donald Hartill - Aye Trustee
John Bailey- Aye
Trustee Lynn Leopold –Aye Trustee Frank
Moore-Aye
The
first item on the agenda was the Public Hearing for the Proposed Budget for
Fiscal Year 2000-2001. Trustee Leopold opened the Public Hearing. Mayor Hartill
summarized the three funds – general, water and sewer. The general fund
supports line items such as personnel and highway maintenance/improvements. The
proposed budget does not include any major equipment for road maintenance in
the forthcoming year although there is a significant amount for maintenance and
improvement of the roadway systems in the Village. Slightly over ˝ million is
proposed for resolving the private to public street in the Edelman Subdivision,
and improvements on other roads. The bottom line for the general fund is $1,618,164
which will increase the property tax from the current $1.57 per thousand to
$1.64 per thousand, again largely due to the road maintenance costs. Mayor
Hartill stated the water and sewer funds are basically pass-through accounts. [Trustee Fresinski entered the meeting.] The
public questioned what percent of the budget is comprised of salaries and Mayor
Hartill responded that it is approx. 10%.
Motion – Closing of
Public Hearing
Trustee Bailey moved that the Public Hearing be
closed and Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill - Aye Trustee John
Bailey - Aye
Trustee Larry Fresinski - Aye Trustee Lynn Leopold - Aye
Trustee Franklin Moore - Aye
Trustee
Fresinski then introduced the following:
Resolution # 3656 –
Adoption of Budget for Fiscal Year 2000-2001
Be it RESOLVED, that the Proposed Budget for Fiscal
year 2000-2001 is hereby adopted as the official budget for Fiscal Year
2000-2001 with a tax rate of $1.64 for the General Fund.
Trustee Fresinski moved that this resolution be
adopted and Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill - Aye Trustee John Bailey - Aye
Trustee Larry Fresinski - Aye Trustee Lynn Leopold - Aye
Trustee Franklin Moore - Aye
Trustee
Bailey wished to publicly commend Mayor Hartill and the Trustees for
establishing a fiscally responsible budget. He also commended Mayor Hartill for
involving each Trustee in the process, as it was a very beneficial exercise.
Motion-Approval of Minutes
for April 3, 2000
Trustee Lynn Leopold moved that the amended meeting notes are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee John Bailey -Aye
Trustee Larry Fresinski-Aye Trustee Lynn Leopold -Aye
Trustee Frank Moore-Aye
Motion-Approval of Minutes
for April 12, 2000
Trustee Lynn Leopold moved that the amended meeting notes are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee John Bailey -Aye
Trustee Larry Fresinski-Aye Trustee Lynn Leopold -Aye
Trustee Frank Moore-Aye
Mayor
Hartill revised the agenda so the Engineer’s Report was next. Dave Putnam
reported he has not heard back from Cornell University on Cornell’s proposal to
connect the Lake Source Cooling Project to the Village’s sewer system.
Regarding Uptown Road, the bid documents should be received by the end of May
and the Board can act on them at the first meeting in June. Putnam is awaiting
a response from the county regarding the entrance to the apartments at 600
Warren Rd. The traffic light at the intersection with Arrowwood Drive will be
done first and then the entrance to the apartments may be changed to Uptown Rd.
rather than Warren Rd. Mayor Hartill stated he would like to see the curb cut
done at the same time as this road upgrade. This road way will be the same as
Oakcrest Rd. with 4’ paved shoulders in addition to the existing 20’ wide pavement,
and the inside of both 90 degree corners will be curbed and have sidewalks.
Klepack stated she is not in favor of the paved shoulders but would prefer to
see sidewalks throughout the entire stretch of road. Mayor Hartill responded
that it is an economic concern and with the need for granite curbing and storm
sewers the cost for adding sidewalks would be prohibitive. Sidewalks will be
installed along both sides of N. Triphammer Road and around the shopping areas
where there is more pedestrian traffic.
Putnam
stated that Bell Atlantic is still interested in the Airport Elevated Tank site
near the Airport for a tower but needs more time to think it though, especially
the removal of the tank which is there now. CBord also had not yet provided a
schedule of dates to allow for the removal of the tank.
Regarding
the Bond Act Funding. Mayor Hartill provided some background to the Trustees.
He stated that the application to NYS Clean Air, Clean Water Bond Act requested
11-13 million dollars in funds of which 7.5 million dollars was approved. The Joint Intermunicipal Sewer Committee
began with a joint application to improve the phosphorus level and for
infrastructure at the City of Ithaca Plant for a cost of 21 million dollars.
The article in the newspapers a few weeks ago stated there was 4.1 million
dollars allotted but this appears to be a previous installment and nothing
additional. Mayor Hartill stated that
$330,000 would be needed for the Kline Rd. by-pass, which will satisfy the
needs of the Village but will leave the Town of Lansing in a lurch. Mayor
Hartill will continue to discuss this and will report back at a later
date. He will also approach Mayor
Anderson regarding additional sewer units for the McDonalds relocation.
Next
on the agenda was N. Triphammer Rd Property acquisition. Attorney Marcus
presented the Board with a resolution to authorize a public hearing to consider
the acquisition by eminent domain of property located at 2310 N. Triphammer
Road. He explained that the public hearing will be the first step in the
condemnation proceedings. He stated that
there is no other mechanism to acquire the Ramada Inn property although the
owners of the other 28 properties have agreed to provide conveyance of the
strip along N. Triphammer Road to the Village for the appraised value.
Under
the Eminent Domain Procedurel Law, the first step is to conduct a Public
Hearing to consider the public purpose for the eminent domain taking. Then, the
Board would consider the findings of public need. The next step is to adopt the
findings, and then make a formal offer based on the appraised value of the
property. Attached to the offer is a form of purchase agreement. Mr. Homik
could then accept or not accept it. If he does not accept the offer, that does
not mean he does not have to convey the property to the Village but that he is
challenging the dollar amount. From then, the Village will give him a 90 day
time period to respond to the offer. Then there is an application to the court
saying the Village of Lansing has followed the procedural steps and requests
the court to provide an order granting the Village permission to file a map of
the taking with the County Clerk. Mr. Homik can then file an Article 78, which
might stall the process. This must be filed within 30 days of the Village
taking action. Mayor Hartill stated that he can not proceed on the engineering
design until the Village has all the necessary property titles. Attorney Marcus
recommended the adoption of the resolution to set the Public Hearing, and also
request that the Board review the other documents he distributed. He also
recommended a long-form of the SEQR Review for the entire N. Triphammer Road
Project be completed after the Public Hearing. This action is not exempt from
SEQR as a turning lane is being added; if the reconstruction did not involve
adding a new travel lane, it would be an exempt, Type II action. Attorney
Marcus will provide a draft of the form to Mayor Hartill prior to the Public
Hearing. Trustee Moore then introduced the following:
Resolution #
3657 – Public Hearing in
Accordance with the Provisions of Article 2 of the Eminent Domain Procedure Law
Be it Resolved, by the Board of
Trustees of the Village of Lansing as follows:
WHEREAS, in order to improve traffic safety, improve
traffic flow, better provide for multi-modal means of transportation, including
pedestrian and bicycle travel, and enhance the aesthetic characteristics of the
Village’s primary thoroughfare, the Village has developed plans for the
reconstruction of North Triphammer Road between the Village’s south line and
Craft Road; and
WHEREAS, in order to execute these plans, the
Village must acquire additional property adjacent to the east and west sides of
North Triphammer Road between the Village’s south line and Craft Road,
particularly in connection with the development of pedestrian sidewalks,
bicycle lanes and green space in these areas; and
WHEREAS, the Village’s acquisition of these parcels
shall involve conveyance of fee title to portions of twenty-nine individual
properties along North Triphammer Road between the Village’s south line and
Craft Road, which parcels in each case constitute strips of land approximately
fifteen feet (15’) in width adjacent to the existing street line of North
Triphammer Road; and
WHEREAS, the Village had obtained appraisals of each
of these parcels, and had provided to the owners of such parcels offers for the
Village’s purchase of such parcels based upon the appraised values thereof; and
WHEREAS, in response to the Village’s offer, most
property owners have indicated to the Village their willingness to sell,
transfer and convey fee title to such parcels to the Village in consideration
of the appraised value offered by the Village; and
WHEREAS, the owner of the premises located at and
known by the address of 2310 North Triphammer Road and identified as Village of
Lansing Tax Parcel No. 47.1-1-20.2, currently developed and operated as the
“Ramada Inn” (the “Ramada parcel”) has indicated to the Village that said owner
shall not voluntarily convey to the Village title to the approximately fifteen
foot (15’) parcel along the easterly boundary of the Ramada Property; and
WHEREAS, the Village’s acquisition of the Ramada
Parcel is a necessary component of the Village’s plans for the North Triphammer
Road reconstruction project; and
WHEREAS, as a consequence, on March 13, 2000, the Village Board resolved that it shall be necessary to proceed in accordance with the requirements of the Eminent Domain Procedure Law (“EDPL”) to acquire title to the Ramada Parcel in order to complete the Village’s acquisitions as necessary for execution of the North Triphammer Road reconstruction project;
NOW, THEREFORE, BE IT
RESOLVED that, in order to inform the public and to review the public use to be served by the proposed North Triphammer Road reconstruction project, and the impact on the environment and the residents of the locality where such project will be constructed, the Village Board of Trustees shall conduct a public hearing in accordance with the provisions of Article 2 of the EDPL at 7:35 p.m. Daylight Savings Time on May 1, 2000 at the Village offices, 2405 North Triphammer Road, Ithaca, New York; and
RESOLVED, that the Village
shall give notice to the public of the purpose, time and location of this
public hearing in accordance with the terms of Section 202 of the EDPL by
causing such notice to be published in at least five (5) successive issues of
the Ithaca Journal at least ten (10) days prior to said May 1, 2000 public
hearing.
Trustee Moore moved that this resolution be adopted
and Trustee Bailey seconded the motion.
A vote was taken:
Mayor Donald Hartill-Aye Trustee John Bailey -Aye
Trustee Larry Fresinski-Aye Trustee Lynn Leopold -Aye
Trustee Frank Moore-Aye
Next
on the agenda was Mayor’s Comments. Mayor Hartill stated he would not be
present at the May 1st organizational meeting. Mayor Hartill will be
attending a meeting this week and will request that Dave Herrick call James
Seward to get an answer regarding sewer. Since there is not a state budget in
place, it may be difficult to get answers. Regarding water, the last meeting
was cancelled so no progress has been made and it is still amongst the other
parties’ lawyers. The City of Ithaca is concerned about the liabilities
incurred prior to the agreement. Cornell University has concerns regarding
leasing the plant.
Mayor
Hartill stated that the recent proposed charges to property assessments will
impose a large impact on current vacant landowners. This is counter to
preserving open spaces as some may be unable to continue to pay the taxes and
will begin selling off lots, leading to urban sprawl. Municipal leaders
presented the County Board with a resolution regarding how properties were
reassessed although the County has no real authority over the Assessment
Department. The proposed reconciliations for those who have talked with the
Assessment Department will be out May 1st and formal grievances for
Village of Lansing residents will then be held in May in the Town of Lansing.
After that meeting, the tax rolls are finalized.
The
Census return rate was discussed. The Village is lower than anticipated but so
is every other municipality in the county.
Attorney
Marcus thanked Carol Willard for her hard work and dedication on delivering the
Codification to him for further review.
Trustee
Fresinski introduced the following:
Motion- Adjournment
Trustee Fresinski moved that the meeting be
adjourned and Trustee Bailey seconded the motion. A vote was taken:
Mayor Donald Hartill- Aye Trustee John Bailey- Aye
Trustee Larry Fresinski- Aye Trustee Lynn Leopold-Aye
Trustee Frank Moore-Aye
The
meeting adjourned at 9:20 P.M.
Carol
Willard
Clerk,
part-time
Mayor
Hartill reconvened the meeting at 9:28 P.M. Attorney Marcus stated part-time
Clerk Carol Willard and Trustee Fresinski realized there was an insufficient
number of days in order to advertise the Public Hearing referenced in
Resolution # 3657. Trustee Fresinski introduced the following:
Resolution #3658 –
Modification to Resolution # 3657
Trustee Fresinski modified Resolution # 3637 to make
the Public Hearing May 15 rather than May 1. Seconded by Trustee Leopold. A
vote was taken:
Mayor Donald Hartill-Aye Trustee John Bailey -Aye
Trustee Larry Fresinski-Aye Trustee Lynn Leopold -Aye
Trustee Frank Moore - Aye
Trustee
Fresinski introduced the following:
Motion- Adjournment
Trustee Fresinski moved that the meeting be
adjourned and Trustee Bailey seconded the motion. A vote was taken:
Mayor Donald Hartill- Aye Trustee John Bailey- Aye
Trustee Larry Fresinski- Aye Trustee Lynn Leopold-Aye
Trustee Frank Moore-Aye
The
meeting adjourned at 9:30 P.M.
Carol
Willard
Clerk,
part-time