MINUTES
of a meeting of the Board of Trustees of the
Present:
Mayor Donald Hartill; Trustees Janet Beebe, Lynn Leopold, Frank Moore, Larry
Fresinski; Attorney David Dubow; Clerk/Treasurer, Jodi Dake.
Mayor
Hartill called the meeting to order at 7:40P.M.and opened the public comment
period. John O’Neill of
Motion-To Close the Public
Comment Period
Trustee Beebe moved to close the public comment
period. Trustee
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Dave Putnam was present to give an engineer’s report. He
has contacted Suit Kote and they will be fixing the ripples on
Next item on the agenda was the approval of the
minutes for February 11th and March 1st, 2004.
Motion-Approval of Minutes for February 11, 2004
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 Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee Larry Fresinski- Abstain Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Motion-Approval of Minutes for March 1, 2004
Trustee Fresinski 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 Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Abstain
The
Mayor gave the following explanation regarding the proposed extension of the
existing Schuyler County Empire Zone to include additional properties in
Tompkins County, including certain designated properties within the Village:
The New York State Empire Zones offers an opportunity for certain Village
properties in the Research and Technology Park to be included in the existing
Schuyler County Empire Zone. New York State picks up the local taxes so local
municipalities have no tax hit. This proposed plan would grandfather the
Village properties into a single package. It means a 5-10% increase in our tax
base. The Village of Lansing makes up 40% of the Empire Zone Opportunity.
Denise
Sanderson, the Director of Marketing and Development for Tompkins County Area
Development, was present to answer questions. She commented as follows:
Schuyler County is not fully utilizing their zone. Only the footprints of the
buildings are included, not the whole property because Schuyler County is only
allowed to allot 13.76 acres to Tompkins County. One of the reasons this would
be a benefit to Schuyler County is that Tompkins County employees 25% of
Schuyler County’s work force, and therefore a healthy business and technology
environment in Tompkins County ensures jobs for Schuyler County inhabitants.
It’s also a way of keeping other areas from stealing businesses from this area.
Dubow mentioned an article that was in the Ithaca Journal on March 3rd
on this subject.
It
was further explained that Barbara Halpin is the Empire Zone Program
Coordinator and they have hopes of having this all finalized by May 7th.
Jodi reported that Barbara had called the Village Office earlier that afternoon
and stated that the Village could not act on the resolution of support until
the April 5th meeting because the proposed Local Law had not yet
been adopted by the Schuyler County legislature. Dubow suggested the Board
could pass a resolution of support and concurrence with slight wording changes
referring to the proposed local law
Denise requested that the Board also pass a resolution to approve the
Empire Zone Boundary Revision Agreement.
Resolution #4031-Resolution of Support and
Concurrence with the Schuyler
County Empire Zone
Revision
WHEREAS,
New York State has created the Empire Zone program to encourage economic
development in selected municipalities across the State, and
WHEREAS,
Schuyler County, as an eligible municipality, received designation of an Empire
Zone, and
WHEREAS,
Schuyler County intends to revise the County Empire Zone boundaries to
encourage economic development, and
WHEREAS,
the Village of Lansing is committed to the development of new business within
the Empire Zone, and
WHEREAS,
in any event that any project fails to be materially completed within a
reasonable time, as determined by Zone Administrative Board (ZAB) policy, the
Zone Board desires to remove the site of such project from the Zone; and
WHEREAS,
in the event the ZAB submits to the Commissioner of Economic Development a
request to revise the boundaries of the Zone to remove the site of any Project
that that fails to be materially completed in a reasonable time, the Concurring
Municipality desires to concur with such action;
WHEREAS,
the Village of Lansing wishes to support and concur with the proposed Schuyler
County Local Law NO. 2 of the year 2004.
NOW,
THEREFORE, be it resolved that the Village of Lansing Board of Trustees, in its
capacity as governing body of the Village, does hereby support and concur with
the Board of Trustees with the Schuyler County Empire Zone revision
application.
Trustee Fresinski moved this resolution and Trustee
Moore seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
The
Board also passed the following resolution:
Resolution #4032-To Authorize the Mayor to Sign the
Following Empire Zone
Boundary Revision
Agreement.
EMPIRE ZONE BOUNDARY REVISION AGREEMENT
THIS AGREEMENT made this ___
day of ____________, 2004 by and between the SCHUYLER COUNTY PARTNERSHIP FOR
ECONOMIC DEVELOPMENT, a public-private partnership duly formed and validly
existing under the laws of the State of New York having an office for the
transaction of business at 2 North Franklin Street, Watkins Glen, New York
14891 ("SCOPED"), and _________________________, a municipal
corporation of the State of New York having an office for the transaction of
business at _______________ (the “Concurring Municipality”);
W I T N E S S E T H:
WHEREAS, SCOPED has received and
considered applications for projects [A, B, C, etc.] (the "Projects"
or individually the "Project"), which are proposed to be undertaken
within the Concurring Municipality, requesting that the Projects be included
within the Schuyler County Empire Zone (the “Zone”); and
WHEREAS, the Projects have
significant potential for business development and job creation, which would
enhance the economic revitalization of Schuyler County and the regional
corridor running between it and the populations of the City of Ithaca and
surrounding municipalities, and provide job opportunities for its residents;
and
WHEREAS, SCOPED desires to include
the sites of the Projects in the Zone as part of its current boundary revision
process; and
WHEREAS, SCOPED desires to submit to
the Commissioner of Economic Development a request to revise the boundaries of
the Zone to include the sites of the Projects therein; and
WHEREAS, the Concurring Municipality
desires to concur with SCOPED's submission to the Commissioner of Economic
Development of a request to revise the boundaries of the Zone to include the
sites of the Projects within the Concurring Municipality in the Zone; and
WHEREAS, in the event that any
Project fails to be materially completed on or before the second anniversary of
the execution of this Agreement (the "Agreed Completion Date"),
SCOPED desires to remove the site of such Project from the Zone; and
WHEREAS, in the event that SCOPED
submits to the Commissioner of Economic Development a request to revise the
boundaries of the Zone to remove the site of any Project that fails to be
materially completed on or before the Agreed Completion Date, the Concurring Municipality
desires to concur with such action.
NOW, THEREFORE, in consideration of
the foregoing, the mutual agreements herein contained and other good and
valuable consideration to each of the parties hereto, the receipt and
sufficiency whereof is hereby acknowledged, and intending to be bound hereby,
it is hereby mutually covenanted and agreed as follows:
Section 1: (a) In
reliance on the descriptions of the Projects contained in the applications
submitted to it, copies of which are attached hereto as Exhibit A, SCOPED shall
submit to the Commissioner of Economic Development a request to revise the
boundaries of the Zone to include the sites of the Projects therein.
(b) In the event that any Project fails to
be materially completed on or before the Agreed Completion Date, SCOPED may, at
its discretion exercised in good faith, take such action as may be necessary to
remove the site of any such Project from the Zone.
Section 2: (a) The
Concurring Municipality shall concur with SCOPED's request to the Commissioner
of Economic Development to revise the boundaries of the Zone to include the
sites of the Projects therein.
(b) In the event that any Project fails to
be materially completed on or before the Agreed Completion Date, the Concurring
Municipality shall concur with any action taken by SCOPED pursuant to Section
1(b) of this Agreement to remove the site of any such Project from the Zone.
Section 3: This Agreement shall be a contract made
under the laws of the State of New York and for all purposes shall be governed
by and interpreted in accordance with the laws of the State of New York (except
to the extent the same are superseded by federal law).
Resolution No.
Exhibit A
Area
104 55 Brown Road 0.42
Area
105 95 Brown Road 0.965
Area
106 35 Thornwood Drive 0.81
Area
107 33 Thornwood Drive 0.46
Area
108 37 Thornwood Drive 0.69
Area
109 9 Brown Road 0.57
Area
110 53 Brown Road 0.528
Area
111 10 Brown Road 0.459
Area
112 22 Thornwood Drive Expansion 0.48
Area
113 22 Thornwood Drive 0.41
Area
114 36 Thornwood Drive 0.688
Area
115 15 Thornwood Drive 0.41
Area
116 30 Brown Road 0.528
Area
117 2353 North Triphammer 0.29
Trustee Fresinski moved this resolution and Trustee
Moore seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Next
on the agenda was a budget discussion. The Mayor stated that the problem is how
to budget for the N. Triphammer Road project. Last Wednesday he and Fisher
Associates met with the NYSDOT in Syracuse to get a final cost estimate and a
schedule. The hang up was the NYSDOT wanting two right turn lanes off the
southbound ramp off of Route 13, which is part of the expanded project. NYSDOT
has delayed the project while this issue is reviewed and resolved. We still
plan to send the project out to bid in June and start this summer. We still
also have some pavement and water/sewer line issues that need to be resolved
before the project can be approved. Another issue was how we would deal with
the pedestrian traffic during the project. Jodi has spoken with Pete Bartolotto
at NYSDOT and we will be receiving Marchiselli Funds for the project. This
means that the Village will only be paying 5% of the project costs. In this
years budget we allotted $658,000 for the N. Triphammer Road Project and this
money will be transferred to the General Capital Reserve Fund. That is why it
appears that there is a large transfer to the General Capital Reserves. When we
do the project the monies will come from the General Capital Reserve Fund. They
are then put into the Capital Projects Fund and accounted for there. In the
end, any money that is left over will go back into the General Capital Reserve
Fund. The Mayor thinks that the original cost estimate has only increased
approximately $800,000 since it was first estimated in 1996.
Originally,
the Mayor thought that there would be an increase in the taxes but after
reviewing the budget he feels we can remain at the same tax rate as last year
of $1.80 per $1,000 of assessed value.
As the Board discussed the budget they felt that was appropriate. Jodi
had given a list of proposed changes for the budget the Mayor first prepared
and the changes are reflected in the tentative budget that was handed out.
The
Mayor reported that in the Water and Sewer Funds we are going in the hole.
There are two ways that the water fund is financed. The first is through a
usage surcharge and the second is Bond Anticipation Notes. BAN’s are typically
used for capital projects. In the sewer fund we also receive revenue from
connection fees. Presently we have 40 sewer units that may be connected due to
our efforts to constantly repair and monitor the condition of our sewer lines.
The surcharge is presently at 33% for both water and sewer and the Mayor
proposed we increase it to 50% for each. The Mayor indicated that the current
rate is below the rate charged by other municipalities. This will increase the
water/sewer bill by approximately 15%. The water surcharge can be increased by
resolution but the sewer increase would need a public hearing because it is
part of the sewer law. With the increase in water rate and surcharge, the
amount to be paid by Village residents would still paying be less than in 1988.
The Village needs to keep up with its costs and continue to be aggressive with
I&I.
In
the water fund we will have to defer the installation of 3 pressure release
valves along N. Triphammer Rd. until the next budget year. These PRV’s were to
be installed so that we can take down the water tank behind the Village office.
The following are budget suggestions:
Water
F8320.41 Slight increase to reflect the increase
in electric costs
F8320.44 Reflects increased water rate -$371,531
F8340.2 $203,000 is allotted for N.
Triphammer Road Betterment’s and the 20% not
Federally
funded for a total of $238,000.
F9730.6 Principal on BAN-$30,000
F9730.7 Interest on BAN-$890
Sewer
G2120 Sewer Rents increased to reflect
increase surcharge
G2122 Connection Charge reflects Ben
thinking we will probably sell 20 units
G2374 Pass through for Village of Cayuga Heights sewer charge.
This item equals G8189.4 expense
G8120.22 $154,000 includes $22,000 for N.
Triphammer Road Betterment, 20% of N.
Triphammer and the rest for
usual sewer maintenance
The
Village will need to fund the Kline Road Bypass through Sewer Capital Reserve
Funds. This project will cost approximately $300,000. At some point we will be
reimbursed for a portion of this.
General Fund
A1001 Property tax will remain at $1.80
and will generate $529,182
A1130 Utility Gross Receipts has been
lowered to reflect actual numbers.
A1170 Cable franchise has increased from
1% to 3% so this number has increased.
A2401 Interest was lowered due to the
continuation of low rates.
A3005 Mortgage Tax received was increased due to the activity
that has occurred with the low interest rates.
A3501 Highway aid was large last year because it reflected two
years of activity. Dennis has suggested $45,000.
A1330.42 With the federal funding of N.
Triphammer Rd., a special audit will need to be completed so $3,000 was added
for that. Money is no longer needed for GASB 34.
A5112.22 $302,000 was allocated to do the
Northwood project that will extend the south roadway to Coventry Walk and
Highgate Circle Shoulder work.
A5142.4 Snow removal includes $25,000 contract
agreement plus the difference in cost of last winters plowing of $28,250 and
$1,500 for snow removal done by the village.
A5410.2 This will include moving the bus
shelter on Graham Road
A5410.41 After speaking with Frank, $3,000 was
added for this line item. The board feels that constant maintenance is needed
on our Greenway. There are places that are washed out on our new trail from
Northwood to Graham Rd. It was badly engineered, spots need resurfaced and
small culverts are needed. The detention pond in Lansing Trails needs to be
cleaned up also.
A0962.21 $50,000 will be transferred to the Park
& Recreation Capital Reserve Fund
Our
General Fund revenues are made up of 1/3 from sales tax, 1/3 from property
taxes and 1/3 from other revenues. Salaries for staff were increased by 3%. The
Board’s and Mayor’s salaries remain the same. The Mayor suggested a budget
public hearing be set for our first meeting in April. It was pointed out that
this is the first night of Passover. The Board decided to cancel the April 5th
meeting and reschedule it for March 31, 2004.
Resolution#4033-To Cancel the Monday, April 5, 2004
Board of Trustees meeting and Reschedule a Special Meeting for Wednesday March
31, 2004 at the Village Office, 2405 N. Triphammer Road at 7:30pm.
Trustee Fresinski moved this resolution and Trustee
Leopold seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Resolution#4034-To Set a Public Hearing for
Wednesday March 31, 2004 at 7:35pm, in the Village Office, 2405 N. Triphammer
Road, on the Proposed Budget for Fiscal Year 2004-2005.
Trustee Leopold moved this resolution and Trustee
Fresinski seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Next
on the agenda was the codification. Our legal consultants still have not
resolved the question of how Part I Administrative Legislation will be treated.
The Mayor and Larry have not finished reviewing their sections. They will
continue to work on their issues and the Board will discuss it again at their
next meeting.
Next
on the agenda was the Computel issue. Dubow stated that three days ago he
received from the attorney for NYSEG an e-mail regarding revisions to the
previously submitted NYSEG/Computel agreement. The attorney for NYSEG has
agreed to make a small change to the agreement to clarify that the Village’s
waiver and release of claims would be limited to only those having to do with
matters that are under the jurisdiction of Public Service Commission. The Board
agreed to accept the settlement of $3,000, the amount to the Village being
$1,500, with the remaining $1,500 to be paid to Computel in accordance with its
Agreement with the Village.
Resolution # 4035-To Approve the Settlement and Release Agreement by and Between NYSEG and the Village of Lansing
WHEREAS, the New York State
Public Service Commission instituted formal proceedings to consider past
billings and other issues, claims or disputes in connection with the rendition
of street lighting services by New York State Electric & Gas Corporation
(“NYSEG”); and
WHEREAS,
the Village of Lansing intervened in such proceedings; and
WHEREAS, the Village of
Lansing engaged Computel Consultants (“Computel”), to represent the Village of
Lansing in such proceedings and to negotiate on its behalf in regard to all
issues, claims, or disputes pertaining to street lighting services rendered by
NYSEG to the Village of Lansing, including, but not limited to, its past NYSEG
street lighting bills; and
WHEREAS, negotiations
between NYSEG and Computel have resulted in a settlement and release agreement
between NYSEG and the Village of Lansing covering certain of the claims and
issues in dispute as set forth in the agreement for the period through and
including July 31, 2000, which settlement and release agreement, in accordance
with paragraphs “5" and “6" thereof expressly excludes certain other
claims and/or rights, including, but not limited to, the Village’s pending
Complaint No. 907303, which the Village may continue to prosecute; and
WHEREAS, Computel has
recommended the acceptance of such settlement and release agreement;
NOW,
THEREFORE, BE IT
RESOLVED, that the Village
of Lansing Board of Trustees hereby authorizes on it’s behalf the execution of
the proposed Settlement and Release Agreement (with the corrections and
amendments noted thereon) and it’s delivery to NYSEG, approving thereby the
terms and provisions set forth therein, it being fully understood that such
Settlement and Release Agreement shall not prejudice in any way the Village of
Lansing’s continuing right, as provided in such Agreement, to continue to
prosecute any claims not covered by such Agreement, including, but not limited
to, it’s pending street lighting Compliant No. 907303 with the New York State
Public Service Commission for all periods before or after July 31, 2000.
Trustee Fresinski moved this resolution and Trustee
Moore seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
The
Mayor reported on the North Triphammer Road project. Rich Brauer of Fisher
Associates has submitted a formal response to NYSDOT’s latest comments. We are
still waiting to hear back on that. It looks as if we will be leaving out the
sidewalk on the east side, which will force the pedestrians to use the west
side. This is because we are running out of right-of-way. Lynn commented that
we shouldn’t be making it harder for pedestrians. The Mayor commented that it
is actually better because people won’t have to cross the additional lanes at
the Route 13 ramp.
The
Mayor reported that there will be a final meeting of the group of 6 on
Thursday. The Intermunicipal Sewer Group will hopefully wrap up final details
on time lines for agreements among the various parties for the transfer of the
Town of Ithaca’s sewage and the issues to be resolved by the Village, the Town
of Lansing and the Village of Cayuga Heights.
Ben
Curtis, the Village Zoning/Code Enforcement Officer, has requested two
temporary certificates of occupancy for 4 & 8 Ayla Way. John Roy is
constructing the houses and they are substantially complete except for
establishing ground cover and minor site work. Drainage and erosion control measures
are in place, but the lawn will have to wait until later in the spring. Ben is
confident that John Roy will complete these projects as required in a timely
manner. Ben has requested that a nominal security of $4000 be required for each
house. As always, issuance of the Temporary Certificates will be contingent
upon satisfaction of all other code and life safety issues.
Resolution #4036- To Issue Temporary Certificates of
Occupancy for 4 & 8 Ayla Way with a $400 Security Deposit for Each Property
and an Expiration Date of September 15, 2004.
Trustee Fresinski moved this resolution and Trustee Beebe seconded. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Janet
stated that the Board needs to vote on having Barbara Nosanchuk be the
Recreation Partnership Representative for the Village. Janet will have a
proposal at the next Board meeting.
Motion- To Go Into
Executive Session for Matters Relating to Personnel
Trustee Fresinski moved to go into executive
session. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Motion- To Come Out of
Executive Session
Trustee Fresinski moved to come out of executive
session. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
Trustee Lynn Leopold-Aye
Motion- To Adjourn
Trustee Fresinski moved for adjournment. Trustee
Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore-Aye
The
meeting adjourned at 10:04pm.
Jodi Dake
Clerk/treasurer