MINUTES
of a meeting of the Board of Trustees of the Village of Lansing held on Monday,
April 7, 2003, in the Village Office.
PRESENT:
Mayor Donald Hartill; Trustees Janet Beebe, Lynn Leopold, Larry Fresinski, and
Frank Moore; David Dubow, Village Attorney; Phil Dankert, Planning Board Member
Mayor
Donald Hartill called the meeting to order at 7:40P.M. He opened the public
comment period. There were no comments.
Motion-To Close the Public
Comment Period
Trustee Beebe moved to close the public comment period. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Janet Beebe-Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
The
Mayor proposed a motion to open the public hearing on the budget.
Motion-To Open the Public
Hearing on the 2003-04 Proposed Budget
Trustee Fresinski moved to open the public hearing. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Janet Beebe-Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
The
Mayor gave the following overview of the budget: The budget proposal provides
for a 3% tax increase from $1.75 to
$1.80 per $1,000 of assessed value. This is generally consistent with the rate
of inflation. The main reason for the
increase is to pay for the N. Triphammer Rd. Project costs not covered by
Federal and State funding. Over the years we have minimized our dependence on
State funds. CHIPS highway aid is the only money we receive yearly from the
State. We have added money to the Capital Reserve Fund yearly so that major
projects such as N. Triphammer are manageable.
The
Mayor added the following: The employees’ salary and benefits have been
incorporated. Janet Beebe compared our
salaries to those of other municipalities. She found that our motor equipment
operator’s wage is slightly lower so it was increased by $.75 per hour to bring
it in line with our sister municipalities. The Code & Zoning Officer was
given a 3% raise (because his salary was also determined to be slightly below
that of comparable positions in our sister municipalities) and the rest of the
salary staff was given a 2.5% raise. The Mayor’s and the Trustees’ compensation
remains the same. The staff had originally asked for a 5% increase with their
main concern being the increased cost of health care. The Board decided to
increase the amount that they pay for health insurance. The Village will now
pay the first $1550 and then 80% of the remaining premium. These changes are
all reflected in the proposed budget.
The
Mayor pointed out that there were two income items that are not listed in the
proposed budget that should be added. Cornell Real Estate previously agreed to
pay approximately $30,000 towards a traffic light the Village installed at
Uptown Road and $10,000 towards the demolition of the elevated water tank.
Those funds are now due and the Mayor indicated that he would write Cornell
Real Estate a letter to have them pay. The $30,000 will be an addition to the
General Fund Income and the $10,000 will be an addition to the Water Fund. This
will allow for additional monies to be transferred to the capital reserve
funds.
The
Mayor then indicated that the final decision that needs to be made is whether
or not the Village should pay off the balance of the 30-year sewer bond we
currently have at a 5% interest rate by new borrowing with a 5-year Bond
Anticipation Note (“BAN”) at 1.4% interest. Currently there are 17 years left
on the existing sewer bond. The new BAN
borrowing with the shorter 5-year term would increase the amount taxpayers
currently pay for their sewer special assessment by a factor of 2, but in the
long run would save a significant amount of interest expense given the much
shorter BAN payment period. Don stated that he believed this would be a smart
financial move. After discussion, the
Board decided that it would be a good idea to refinance. There are 603 units charged
on the Village Assessment Roll, 392 billed directly to Borg Warner and 145.5
units billed to the Town of Lansing for Cherry Road. Larry stated that the only
problem he saw was that there is one customer that has a large number of units
but they are also the one who would benefit the most in the long run. The Mayor
will write a letter to those effected to explain the situation.
Resolution #3939-To Issue a 5-Year Bond Anticipation
Note to Replace the Current Special Assessment Sewer Bond.
Trustee Fresinski moved this resolution and Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye
Trustee Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
Lynn
asked if we had officially taken over the Brown Road Extension. She was advised
that the Village has not, but when it does, this will have a positive income
effect.
Motion-To Close the Public
Hearing on the 2003-04 Proposed Budget
Trustee Leopold moved to open the public hearing. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Janet Beebe-Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
Resolution #3940-To Adopt the 2003-04 Proposed
Budget as the Official Budget with the Following Modifications-
1. Increase A 2770 Other
Unclassified Revenues (Cornell RE traffic light) to $30,000 and increase A
0962.21Budgetary Provisions for Other Uses-Parks to $45,000 and increase A
0962.2Budgetary Provisions for Other Uses-General Reserve to $12,608.28
2. Increase F2770 Unclassified
Water income and increase F0962.2 Budgetary Provisions for Other Uses by
$10,000 to reflect money to be received from Cornell Real Estate for demolition
of the Elevated Water Tank
3. Increase G1030 Special
Assessment to $74,707 and change increase Principal to $64,000 and decrease
interest to $4,480. This reflects refinancing of Bond.
Trustee Beebe moved to approve the budget and Trustee Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye
Trustee Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
The
Mayor reported that he and Jodi went up to the NYSDOT in Syracuse last Thursday
to discuss the N. Triphammer Road Project. Jodi reported that she met with
Peter Bartolotta to discuss how to fill out the payment paperwork. It was found
that the Village was only approved for $364,000 for the Design &
Engineering. Our contract with Fisher Development is for $385,000 plus
additional charges we will see for SHPO and other similar requirements. Pete
suggested that the Mayor write a letter to Steve Vetter requesting an increase
in funding for the design since our actual contract is more and there are
additional costs due to SHPO requirements.
The
following project development outline for the NYS Route 13 segment written by
Rich Brauer, Fisher Design was presented to and reviewed by the Board:
The approach being proposed is to include the area between Pyramid Drive and Sevanna Park Road into the current project development for obtaining design approval and design. This would cut 5 to 10 years off of progressing the SR 13 project as an independent project. This would redefine the limits of the current project to a single project from Sheraton Drive to Brook Drive for obtaining design approval through the design report. Both the original project and the SR 13 project would be taken through final design and plans.
If additional money is available when the original Village project is put out to bid then it could be constructed as one project. The additional money may be available by that time due to other projects missing their letting schedules or by a reallocation of funding by ITCTC. My earlier discussions with ITCTC indicated that they would look very favorably on a project that would address the capacity and safety needs at the SR 13/North Triphammer Road junction. Also, the Village could choose to pursue a Reverse Betterment, which is an option under the Federal Aid program. If the additional money were not available at the time the Village project is let, then the current Village project would proceed to construction and the SR 13 project would be put off until funds can be made available for construction. However, the SR 13 project would be a fully approved, permitted and designed project simply waiting for funding.
The steps that would need to be taken to make this happen are as follows:
1. Fisher Associates to progress the concept design further and complete a cost/benefit analysis of the potential project to determine whether the project is viable
2. If the project is viable, obtain concurrence from NYSDOT on analysis and schedule commitments
3. Complete engineering studies and environmental screenings of the SR 13 area
4. Modify and submit Pre-Draft Design Report to NYSDOT
5. Distribute Design Report to Involved Agencies
6. Obtain Design Approval
7. Complete Final Design
The key issues in introducing the SR 13 segment into the project are:
§ All of the above steps must be completed by January 2004 in order for the Village project to begin construction of the original project
§ The NYSDOT reviews of the project will be more in-depth and must be conducted in a timely manner
§ The design and construction efforts will need to track the two project areas separately for reimbursement/budget/audit purposes.
§ The SR 13 project must be compatible with a future SR 13 bridge replacement/widening project
The
Mayor reported that he and Rich Brauer met with George Doucett and other
gentlemen at NYSDOT to go over the current situation on N. Triphammer Road at
the Route 13 bridge. They discussed the different possibilities of uses of
lanes on the bridge and ramps. The Mayor was impressed that NYSDOT had actually
looked at the situation. The Mayor suggested that the Board should consider if
it wanted to go forward with the additional design and engineering of this
area. He then explained the following: The ramps could be done as a separate
project but the downside is not having State funds available. We could approve
an initial design as part of an expanded project if we treat the new piece as a
reverse betterment. This is basically the only opportunity we will have in the
next decade to work on the ramps. This is because at the State level the bridge
won’t reach a high priority level because it is in too good of shape. To
forward fund this project it would be $600,000 -$700,000 of which we would
expect to get 80% reimbursement of Transportation Improvement Program (TIP).
Essentially, the Village would be loaning the State money. The Mayor asked if
the Board would like to press ahead with this approach. Larry stated that if
the ramps were done as a separate project then the State wouldn’t do it for
10-15 years. The downside is up front funding where the upside is use and
benefiting now. It was indicated that
the bridge area has experienced approximately twice the State average for
accidents. However there have not been any fatalities. This is basically
because the area is so congested that the traffic is not moving very fast. Rich
spoke with Mr. Fernando deAragon and he feels that the ramps are the current
problem on N. Triphammer. The ramps will be designed with future development of
a 6-lane bridge in mind.
The
Mayor also reported that the State Historic Preservation Office (“SHPO”) is
requiring that there be an archaeological survey done to demonstrate that the
N. Triphammer Road Project is a disturbed area. This involves digging a hole
every 50 feet along both sides of N. Triphammer Road and will cost an
additional $3,000. This will be done in the next week, the archaeologist will
send a report to SHPO, and then SHPO will have 30 days to review the report.
The bottom line is a 2-month delay.
The
Board agreed to have Fisher Design further develop a plan for the ramps at
Route 13. It was indicated that the project will now need State approval also.
Once we include this new design component, the State’s engineer will have to do
an analysis and a State Work permit will be needed. The monetary risk is
$10-30,000 not recoverable for the design. The Mayor feels the major value here
is safety.
Rich
is making a presentation to ITCC on April 15th and will mention this
possibility in his presentation. Our goal is to get the N. Triphammer Road
project out to bid by January of 2004.
Resolution #3941-Authorize the Mayor to Have Fisher
Development Explore the Possibilities for the Route 13 Ramps as Part of the N.
Triphammer Road Project Design.
Trustee Moore moved this resolution. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye
Trustee Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
The
Board was then advised that another issue with the N. Triphammer Road project
involves the feasibility of relocating utilities underground. There is a meeting with the utility company
to explore this possibility further. The cost and necessity for the large boxes
along the road is making this idea less desirable. The Mayor asked the
gentlemen at NYSDOT in Syracuse what their experience has been with other
municipalities putting their utilities underground. They replied that many had
explored the possibility but once they discovered the cost it was not done.
Resolution #3942-To Transfer $364,000 from the
General Capital Reserve Fund to the Capital Projects Fund for the Design/Engineering
of N. Triphammer Road Reconstruction Project as Previously Authorized in a
Resolution Passed 2/18/02.
Trustee Fresinski moved this resolution. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye
Trustee Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
Next
on the agenda was the approval of minutes.
Motion-Approval of Minutes for March 17, 2003
Trustee Leopold moved that the draft meeting notes, as reviewed and revised by the Board, are hereby adopted as the official minutes. Trustee Beebe seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye
Trustee Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
Motion-Approval
of Minutes for March 28, 2003
Trustee Leopold moved that the draft meeting notes, as reviewed and revised by the Board, are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald
Hartill-Abstain Trustee
Frank Moore-Aye Trustee
Janet Beebe- Aye Trustee Larry Fresinski- Aye
Trustee Lynn Leopold-Aye
The
Board was advised that the Planning Board has created a proposal for the Board
to review on cluster subdivisions. Ned Hickey, as Chairman of the Planning
Board, had previously presented the following proposal to the Board:
Amendment to Village Subdivision Law
Section 314
Application of Section 7-738 of the Village
Law
Cluster Subdivision
314.05 Park, Recreation,
Open Space or Other Municipal Purposes
(Village Code Section
125-17E)
ADDED:
1. Definition: Open Space:
is an area that is intended to provide light and air and is designated
for either environmental, scenic or passive recreational purposes. Open Space shall not include driveways,
parking lots, or other surfaces (designed or intended for vehicular travel) nor
other set asides required by law, eg. 6% recreation exaction. In no event shall any area of a developable
lot, nor any part of an existing or future road or right-of-way be counted as
constituting “Open Space”.
2. Required Open Space: In a residential subdivision that has been
approved for “clustering” no less than 20% of the gross area shall be
designated as “Common Open Space”. In
determining “Open Space” any land in the Conservation Combining District or
land that is undevelopable will be included for such determination. Land set aside for parks or other forms of
active recreation are not to be included as “Open Space”. This requirement may be waived or modified by
the Planning Board depending on the location and the significance of the land
to be preserved.
3. Ownership of Open
Space: The open space created by the use
of these provisions in this chapter must be clearly labeled on the subdivision
map as to its use and the rights of the owners in the subdivision as well as
whether it is to be dedicated ultimately to the Village or other governmental
body or to an approved private or conservation corporation or to a homeowner’s
association or otherwise under conditions meeting with Planning Board
approval. The details as to use and
ownership of such open space are further to be set out in a declaration
recorded by the owner or other appropriate instrument. Such open space is preserved in perpetuity
and the Planning Board may require an open space easement running to the
Village of Lansing as a condition of approval.
The declaration of any lands by easement to the Village are subject to approval
and acceptance by the Board of Trustees of the Village of Lansing.
4. Homeowner’s Association:
1.
The homeowner’s association must be established before the lots are
sold.
2.
Membership must be mandatory for each lot buyer or owner and any
successive buyer or owner of each lot created must be legally required,
by duly filed covenants and restrictions, to pay to
the homeowner’s association a yearly fee to be used for maintenance of the open
space.
3.
The open space restrictions must be in perpetuity, not just for a given
period of years.
4.
The association must be responsible for liability insurance, local
taxes and the maintenance of any recreational or other facilities.
5.
Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the property.
6.
The association must be able to adjust the assessment to meet changing
needs.
7.
The applicant shall make a conditional offer of dedication, binding
upon the homeowner’s association for all open space to be conveyed to the
association, such offer to be accepted by the village, should it choose, upon
the failure of the homeowners’ association to take title to the open space from
the applicant or other current owner or upon dissolution of the association at
any future time.
8.
The association must comply with the laws of the State of New York and
the Attorney General’s rules and regulations for creation of homeowners’
associations.
5. Zoning Requirements
specifically relating to setbacks shall apply to the land bordering neighboring
parcels of land.
Phil
Dankert was present to answer any
questions and take feedback to the Planning Board. Phil explained that under the Village’s
subdivision regulations clustering is voluntary and not required. He also
indicated that the Planning Board felt that there is insufficient detail in our
current law on clustering. If someone came in and wanted to cluster, these new
proposed regulations would apply. The intent is to tighten up what we lack in
specificity. This is also a mechanism to
control open space. This has nothing to do with the 6% set aside that is State
Law. The Board had a problem with the last two sentences of #3 providing that the Open Space, even in
excess of the minimum 20%, would be reserved in perpetuity. Attorney Dubow
stated that B5 and B7 needed to be clarified. He indicated that he will review
this and the Board’s concerns with the Planning Board at their next meeting.
Mayor Hartill suggested we make this as simple as we can with some benefit.
Next
on the agenda was the Mayor’s comments.
He reported that the next sewer meeting has been canceled due to Cornell
Hockey being in the Frozen Four. However, the Mayor sees no roadblocks. He
commented on his dissatisfaction with the consultants that did the EIS and the
errors that have been made. There will no longer be a group of 6, but 2
separate groups. The Town and Village of Lansing will be customers of the
Village of Cayuga Heights. Another concern he identified is what appears to be
wrong information regarding flow readings. We have found that our sewer flow
meters were installed improperly and we are delivering 150-300,000 gallons less
a day than was previously suspected. It is still unclear where the transmission
line will go. Once we install the Kline Road Bypass we should be home free. The
Mayor expects Kline Road bypass to be done this fall. There is an I&I
problem in the line up to Northwood which will be fixed when the weather
breaks. This translates to an additional 20 units.
Lynn
reported that she attended the Homebuilder’s Luncheon. Don Lake from the State
Soil & Water Conservation did a talk on Stormwater Regulations. This new
unfunded mandate requires lots of inspections for the builders and code
officers.
Jodi
informed the Board that Ben, Rick and she would all be on vacation next week.
The Board decided to cancel the staff meeting next Wednesday and approve the
vouchers at the Monday April 21st meeting.
Resolution#3943- To Cancel
the Board/Staff Noon Meeting Wednesday
April 16, 2003.
Trustee Leopold moved to cancel the meeting. Trustee
Beebe seconded the motion.
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Janet Beebe-Aye Trustee Larry Fresinski-
Aye
Trustee Lynn Leopold-Aye
Motion- To Adjourn
Trustee Fresinski moved adjournment. Trustee Leopold
seconded the motion.
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Janet Beebe-Aye Trustee Larry Fresinski-
Aye
Trustee Lynn Leopold-Aye
The
meeting adjourned at 9:50pm.
Jodi
Dake
Village
Clerk