MINUTES
of a meeting of the Board of Trustees of the
Present:
Mayor Donald Hartill; Trustees Janet Beebe, Lynn Leopold, Frank Moore,
Mayor
Hartill called the meeting to order at 7:40P.M.and opened the public comment
period. There were no comments.
Motion-To Close the Public
Comment Period
Trustee Fresinski moved to close the public comment period. Trustee Leopold seconded the motion. A vote was taken:
Mayor
Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Motion-To Open the Public Hearing to Consider the Offer
of Dedication of a
Portion of
Trustee Leopold moved to open the public hearing. Trustee Fresinski seconded the motion. A vote was taken:
Mayor
Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Motion-To Close the Public Hearing to Consider the
Offer of Dedication of a
Portion of
Trustee Leopold moved to close the public hearing. Trustee Fresinski seconded the motion. A vote was taken:
Mayor
Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
David Dubow explained that Village Law is complicated in that a resolution has to be passed by the Board of Trustees to accept a road and then a public hearing needs to be held. After this a new resolution has to be adopted to reaffirm the previous resolution passed to accept the road. There were no public comments.
Motion-To Close the Public Hearing to Consider the
Offer of Dedication of a
Portion of
Trustee Fresinski moved to close the public
hearing. Trustee
Mayor
Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Resolution #4021- To Reaffirm the Acceptance of a Portion of Sapsucker Woods with Conditions
WHEREAS, the
Village of Lansing and Cornell University entered into a certain Agreement to
Dedicate Brown Road Extension dated June 18, 2001 (the “Village/Cornell
Agreement”), providing for certain terms, provisions, requirements and
conditions governing the new construction and relocation of Sapsucker Woods
Road and Brown Road Extension in conjunction with the construction of a new
Laboratory of Ornithology facility, which project is located partially in the
Village of Lansing and partially in the Town of Dryden; and
WHEREAS, in accordance with
the Village/Cornell Agreement, the Village of Lansing, has received from
Cornell University a written offer of dedication by letter dated May 14, 2003
(together with the proposed deed attached to said letter), for the portion of
the newly constructed Sapsucker Woods Road (formerly, in part, Brown Road
Extension) in the Village of Lansing (the “Offer of Dedication”); and
WHEREAS, the Village
Engineer has recommended that the Offer of Dedication be accepted by the
WHEREAS, the
NOW, THEREFORE, be it
resolved by the Board of Trustees of the
1. The
Village of
a. Delivery to, review by and approval by the Village Attorney of original, executed copies of each and every document required in order to complete conveyance of the subject property in accordance with (i) the Village/Cornell Agreement and (ii) all applicable provisions of the State of New York and Village of Lansing laws, rules and regulations; and
b. Recording and filing of the
bargain and sale
deed conveying the subject property to the
of any other documentation necessary to
complete the conveyance of such property
free and clear of all liens and encumbrances
(except as expressly provided for in the
Offer of Dedication), and receipt by the
Village Attorney from
all required funds sufficient to effect such
recording and filing; and
c. Receipt by the Village Attorney
of a satisfactory updated abstract of title and title search for the subject
property confirming the conveyance of such
d. Compliance with all terms,
provisions, requirements and conditions of the Village/Cornell Agreement; and
e. Satisfactory conclusion of
the public hearing to be held in reference to the dedication of the subject
property.
2. A public hearing was conducted in regard to this Offer of Dedication and no comments from the public were received.
Trustee Fresinski moved to approve this resolution. Trustee Leopold seconded the motion. A vote was taken:
Mayor
Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Next on the agenda was to set a public hearing for a
municipal subdivision of the New Plan Excel Realty Trust Property. Dubow
explained the following: There is a driveway to the north of the FSBC Bank
property and owned by New Plan Excel Realty Trust, Inc., a 75-ft. piece of
which the Village is acquiring as part of the N. Triphammer Road Project. The
additional property will allow the Village to have a driveway off of Mrs. Kim’s
property onto this roadway and eliminate access onto
Motion-To Set a Public
Hearing for a Municipal Subdivision of the New Plan Excel Realty Trust Property
for
Trustee Beebe moved to set the public hearing. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Next item on the agenda was the approval of the
minutes for
Motion-Approval of Minutes
for
Trustee Beebe moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee
Trustee Frank Moore-Abstain
Motion-Approval of Minutes
for
Trustee Leopold moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee
Trustee Frank Moore-Aye
The Board needed to surplus the TV/VCR that is no
longer used since we purchased our new video recording system.
Resolution#4022-
To Surplus the Samsung TV/VCR
Trustee Leopold moved that
the TV/VCR be surplused and Trustee Fresinski seconded the motion. A vote was
taken:
Mayor Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Jodi stated that Ben Curtis was interested in buying
the TV/VCR for $50.
Resolution#4023- To Sell the
Surplused TV/VCR to Ben Curtis for $50.
Trustee Leopold moved this
resolution and Trustee Beebe seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
The Board was advised that Earl Westbrook had
previously been appointed to the County Youth Board at the October 20, 2003
Board of Trustees meeting however, he was appointed for two years and the term
is for three years. To rectify this situation the Board passed a new resolution
to replace resolution #4003.
Resolution#4024- To
Reappoint Earl Westbrook to Serve on the County Youth Board for a Three-year
Term Ending December 31, 2006.
Trustee Fresinski moved this
resolution and Trustee Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
Next on the agenda was the matter of Computel/NYSEG agreement. Dubow reported that he received a call about a week and a half ago from Computel explaining why they feel it is appropriate for the Village to sign this document. He was told that NYSEG had prepared this agreement for over 60 municipalities. He was also advised that they understand our position and concerns regarding the broad release and waiver language, and that they would have the attorneys for NYSEG, who prepared the agreement, contact him. Frank had no problem with this agreement after the email he received from Computel. Dubow ask Computel if not signing this agreement jeopardizes our other claim and he was told no. Larry thought that we should wait to hear from the New York City Attorney representing NYSEG. Frank feels there is a small likelihood that anything would happen. Dubow indicated that it is really up to the Board to decide how it wishes to proceed. The Board was still not agreeable with the all inclusive release language as to “any and all claims,” finding that language very unreasonably broad and offensive. Larry questions why we even had to sign a contract for monies that are due us anyway. Dubow's response was that they would likely say that they are not acknowledging they owe the Village anything, but will pay the settlement amount to resolve the pending claim. The Board will wait for the response from NYSEG’s attorney.
Next on the agenda was the codification. It is in
its final draft for the Board to review and give corrections. Jodi handed out a
list of questions for the Board to answer as they reviewed the document. The
document was divided up between Board members:
Hartill- Water & Sewer
Leopold- Subdivision
Beebe- Part I Administrative Legislation
Fresinski-
Everything else
The Board needs to decide what they want in Part I
Administrative Legislation. There are sections in there that are part of the
Village’s policies & procedures but they aren’t necessarily laws. From
looking at the table of contents it appears that at one point Chapters 15,20
& 34 were pulled. Currently they are in the document. Dubow stated that he
and Randy Marcus have looked for legal authority on this issue, but have not
found anything which clearly addresses the issue. Dubow will continue to
explore this issue. Marcus will participate in the review since he was
originally involved with this project from the start ten years ago.
The Mayor stated that the Intermunicipal Sewer
Agreement was signed on December 31st. There is new administration
in Dryden and the City of Ithaca. The Town and City of Ithaca and Town of
Dryden have made a lot of progress and have formed a Sewer Joint Commission,
which is an independent organization. Dan Cogin is the chairman of this
commission. The group of six will get
back together to agree on a set of milestones. We are ready for the Kline Road
Bypass. Steve Farkas and Don will talk to the DEC when Steve gets back from Florida
to discuss the possibilities of a separate sewer plant in the Town of Lansing.
Frank asked if Don had a factual argument to present to DEC in Albany. Frank
feels that the main concern should be what is best for the lake.
The Mayor reported that there is a small setback
with the North Triphammer Road Project. There was a meeting with the design
consultants on January 19th and the day before Barry Dumbauld met
with NYSDOT in Syracuse. The engineer had a number of suggestions and lots of
questions. Rich Brauer has communicated with them and there appears to be
necessary design modifications now being requested. NYSDOT wants dual right
turn lanes onto N. Triphammer Rd. off of Rt. 13 coming from Dryden. This would
mean there would be a three-lane ramp. Field surveying needs to be done for
this and it can’t be done in the winter. We probably won’t send the project out
to bid by March as originally hoped. This will likely result in the utility
work being done this year and the road not being built until the following
year.
The Mayor stated that it is budget time again.
Everyone will review the same sections as they did last year. Janet will meet
with the employees.
Lynn informed the Board that she attended a meeting
of the Stormwater Group. The purpose of this group is to find ways to work
together on Stormwater. The new
Stormwater Annual Report is due in June. Debbie Gross is looking at all the
Notice of Intents from the different municipalities. Jodi will get a copy of
our Notice of Intent to Lynn.
Don stated that the Millcroft Subdivision is on hold
due to the current sewer situation. Don will meet with the Miller’s attorney to
discuss this further.
Motion-
To Adjourn
Trustee Fresinski moved for
adjournment. Trustee Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Trustee Frank Moore-Aye
The meeting adjourned at 9:10pm.
Jodi
Dake
Clerk/treasurer