Village of Lansing

MINUTES of a meeting of the Board of Trustees of the Village of Lansing held on Monday, July 19, 2004, in the Village Office.

Present: Mayor Donald Hartill; Trustees Lynn Leopold and Frank Moore; Attorney David Dubow; Clerk/Treasurer, Jodi Dake; TG Miller Engineer, David Putnam.

Mayor Hartill called the meeting to order at 7:42P.M.and opened the public comment period.

Manesh Mewar of (Address) was very concerned with the water in his yard. He had previously emailed the Board about drainage problems on his property. He has spoken with Mr. Ivar Jonson and he had said he would grade the area. He has spoken with Mr. Curtis, Village of Lansing Code & Zoning Officer, about the ditch and he stated that he would have the engineers talk to Mr. Jonson to tell him what needs to be done. 4 ½ months have now gone by and Mr. Mewar wants to know when and what will be done. Mr. Mewar showed the Board pictures of the standing water left in his yard after the last rainstorm. He also claims that there is much silt there. There was a large amount of water in his yard on the east side. Mr. Mewar had previously contacted NYSDEC and they informed him that development of over an acre of land must control run off. NYSDEC will be contacting the builder. Mr. Mewar asked if something could be done about this. Mr. Mewar claimed that he would be contacting the State tomorrow. Lynn Leopold stated, after looking at the pictures, that any run off should be controlled. Mr. Mewar stated that 10 & 12 Leifs Way have the same problem. Mayor Hartill will speak with our engineer tomorrow regarding this situation.

Motion-To Close the Public Comment Period

Trustee Leopold moved to close the public comment period. Trustee Moore seconded the motion. A vote was taken:

Mayor Donald Hartill-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye

Dave Putnam reported that the Kline Road Bypass contract between Bat-Con and the Village of Cayuga Heights has been executed. NYSEG will complete the gas main relocation starting tomorrow so Bat-Con can start. A pre-construction meeting is scheduled for July 27^th or 28^th. Bat-Con is waiting on a delivery date for the prefab metering manhole, but wants to start construction around August 16^th. The City of Ithaca has quoted $8,500 for the complete telemetry system installed and Dave is in the process of verifying this number. Using the city number, the project still has a contingency of $5,000.

Dave informed the Board that there was a pre-construction meeting this morning for the N. Triphammer Rd. Project. There were three contractors in attendance, Economy Paving, Suit-Kote and Vacri. All three come with good recommendations. The Board asked about Vacri. Dave explained that they were a company out of Binghamton. They did the utility work for the general contractor of the Octopus Project. David Dubow believes that they were just awarded a job in the Village of Dryden. The main topics of this morning’s meeting were scheduling, utility relocation and quantities. There were questions concerning the proposed Village maintenance overlay paving. Dennis was planning to do it soon. The project anticipates that it will be done after the contractor has made any utility road crossing this year so as to provide a smoother road over the winter. It will need to be done on or after October 15^th. The bid opening for this portion of the N. Triphammer Rd. Project will be August 2^nd at 11am.

The Board anticipated discussing the proposed Computel settlement for the remaining NYSEG issue but decided to postpone this until the next meeting since Trustees Fresinski and O’Neill were not present. In the meantime, Dubow suggested that the Board reread the June 1oth email from Mike Canton. Dubow feels this is a very good summary of why Computel suggests the Village should agree to this proposed settlement. Frank questioned the language on page two. Dubow explained the numerous battles he had with the NYSEG attorney over language in the Agreement, the changes that have been made to address Village concerns, and the legal effect of certain of the language with respect to which Frank expressed concern.

The next item on the agenda was the approval of the minutes for May 17^th, June 16^th & 21^st, 2004. Since the whole Board was not in attendance, only the May 17^th minutes could be voted on. These minutes include changes to the budget transfers.

Motion-Approval of Minutes for May 17, 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-Aye Trustee Frank Moore - Aye Trustee Lynn Leopold-Aye

The Mayor reported that the Board had planned on setting a public hearing for authorization of financing and allocation of monies from capital reserve for the N. Triphammer Rd. project, but after looking further into New York law and consulting with bond counsel, Dubow advised the Board that road capital improvements supported in part by Local and State funding are exempt from the requirement that bonding and expenditures of capital reserves be subject to a permissive referendum. He also indicated that a public hearing for such action is not required. David had prepared a resolution that would authorize the Village to borrow for this project in the form of bonds, but a 2/3 vote is necessary to approve such action. This could not be done since there were only three Board members present. This resolution and a SEQR resolution will be completed at the August 2^nd meeting. Don asked Jodi to contact Trustees Fresinski and O’Neill to make sure they would be attending that meeting.

Next on the agenda was the approval of vouchers. Frank asked about the voucher covering topsoil for Cedar Lane. Jodi explained that Dennis built up the sides of this road where it was dropping off. Mayor Hartill introduced the following:

Resolution #4077- Abstracts of Audited Vouchers

Be it RESOLVED, that Abstract of Audited Vouchers No. 2 for the General Fund, in the amount of $441,598.76, is hereby approved for payment, and

Be it RESOLVED, that Abstract of Audited Vouchers No. 2 for the Water Fund, in the amount of $124.33, is hereby approved for payment, and

Be it RESOLVED, that Abstract of Audited Vouchers No. 14 for the Sewer Fund, in the amount of $102.66, is hereby approved for payment

Be it RESOLVED, that Abstract of Audited Vouchers No. 2 for the Sewer Fund, in the amount of $349,593.42, is hereby approved for payment

Trustee Leopold moved that this resolution be adopted and Trustee Moore seconded the motion. A vote was taken:

Mayor Donald Hartill-Aye Trustee Lynn Leopold- Aye Trustee Frank Moore-Aye

The Mayor reiterated that the Kline Road Bypass has come in under budget and that 6 companies have picked up plans for the N. Triphammer Rd. Project. He informed the Board that there might be a request to hold a public hearing on the capital improvements that Bolton Point plans to do on their storage tanks. Townships must hold public hearings, but Villages don’t have to. Road patching is proceeding. The Mayor has not been watching the trails very closely but he will try and take a look at them soon.

Lynn stated that, at the Wednesday noon meeting, Dennis had reported that the highway department had removed the brush by the bridge on Wakefield.

Phil Dankert asked what was going to be done with Dart Drive and when. The Mayor indicated that Dart Drive will be resurfaced this fall. The Mayor will contact Dennis to find out whom he has lined up to do this job. Don would also like to organize a Dart Drive Committee to determine what the residents in that area would like to see done. Don feels the south side would be the easiest place to put a sidewalk.

Frank asked about the Bomax/Warren Road intersection. Dubow reported that the traffic study that was done by the engineers for the Lansing Trails II developer reflects an existing failed intersection during rush hour periods. The primary problem is the Borg Warner traffic at shift release. The solution appears to be a traffic light. However, the County has indicated that it doesn’t feel this can be accomplished until their 2006-07 budget year. The other option, if any building were to occur, would be to have others agree to fund the traffic light. As a result of this situation, the Lansing Trails II and Bomax subdivision projects have temporarily been put on hold. The Planning Board can’t finish the SEQR process until this situation is resolved. It was explained that the proposed Lansing Trails II subdivision requires access over the proposed Bomax extension.

Jodi has been doing some research of bank systems and would like the Board to approve adding JP Morgan Chase to our list of depositories. Their current interest rate is 1.3% as compared to our current rates ranging from .256% to 1.15%. The Board agreed to update the designation of depositories to include JP Morgan Chase Bank.

RESOLUTION #4078-Designation of Depositories

WHEREAS the Board of Trustees has determined that Village Law 4-412(3)(2) requires the designation of banks or trust companies for the deposit of all Village monies;

NOW THEREFORE BE IT RESOLVED:

Section 1. That the Board of Trustees does hereby designate the following institutions as depositories of all moneys received by the Village treasurer, clerk, and receiver of taxes.

Tompkins Trust Company

M&T Bank

JP Morgan Chase

Section 2. That this resolution shall take effect immediately.

Trustee Leopold moved to adopt this resolution. Trustee Moore seconded the motion. A vote was taken:

Mayor Donald Hartill- Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye

Motion- To Adjourn

Trustee Moore moved for adjournment. Trustee Leopold seconded the motion. A vote was taken:

Mayor Donald Hartill-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye

The meeting adjourned at 8:42pm.

Jodi Dake

Clerk/treasurer