Village of Lansing

 

 

MINUTES of a meeting of the Board of Trustees of the Village of Lansing held on Monday, November 1, 2004, in the Village Office.

 

Present: Mayor Hartill; Trustees, Larry Fresinski, Lynn Leopold, John O’Neill and Frank Moore; Attorney David Dubow; Clerk/Treasurer, Jodi Dake.

 

 Mayor Hartill called the meeting to order at 7:39P.M.and opened the public comment period. A student was present and commented on N. Triphammer Road not being smooth and having potholes. The Mayor explained that N. Triphammer Road improvements have been in process for 9 years and the contract has just been awarded and survey work has started. He explained that things move slowly in politics.

 

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 Larry Fresinski-Aye                                                     Trustee Frank Moore- Aye                   Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

The next item on the agenda was the approval of the minutes for September 20th, October 4th, 13th & 18th, 2004.

 

Motion-Approval of Minutes for September 20, 2004

 

Trustee Moore 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 Larry Fresinski-Aye                             Trustee Frank Moore- Aye                        Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Abstain

 

Motion-Approval of Minutes for October 4, 2004

 

Trustee O’Neill 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-Aye                    Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                 Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

Motion-Approval of Minutes for October 13, 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 Fresinski seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Aye        Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                        Trustee John O’Neill-Abstain

                        Trustee Lynn Leopold-Aye

 

Motion-Approval of Minutes for October 18, 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 Fresinski seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Abstain`  Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                        Trustee John O’Neill-Abstain

                        Trustee Lynn Leopold-Aye

 

At the September 9, 2004 regular meeting of the Southern Cayuga Lake Intermunicipal Water Commission, the Commissioners approved increasing the Bolton Point water rate from $2.04 per 1000 gallons to $2.21 per 1000 gallons effective January 1, 2005. The Commission's Agreement of Municipal Cooperation has to be amended to increase the rate and the amendment has to be approved by each of the member municipalities. Commission attorney John Barney has stated that the Towns have to hold a Public Hearing on the rate increase, but Villages do not. The Mayor commented that Bolton Point has been spending down its cash budget with a number of construction projects. Historically the water rate has been as high as $2.59. Frank asked where we would see this increase. It will be on one’s quarterly water bill. This is the prime rate applicable to all municipalities.

 

Resolution #4097- To Approve the Amendment to the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing the Water Rate

 

WHEREAS, the Village of Lansing entered into an agreement of intermunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission (“SCLIWC”) and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979, and which agreement has been subsequently amended from time to time (such agreement as so amended being hereinafter referred to as the "SCLIWC Agreement"); and

WHEREAS, the SCLIWC Agreement included a schedule of the water rates to be charged, which schedule has been amended from time to time; and

 

WHEREAS, the parties to the SCLIWC Agreement wish to amend the Agreement to increase the water rates, and a copy of the proposed amendment has been submitted to this Board for its approval; and

 

WHEREAS, the Village of Lansing Board of Trustees finds it is in the best interests of the Village of Lansing and its citizens to effect the proposed water rate increases;

 

NOW, THEREFORE, BE IT

 

RESOLVED, that the Village of Lansing Board of Trustees, in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (“SEQR”) and 6 NYCRR Section 617.5, hereby determines that adoption of said proposed amendment is a Type II action, constituting “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus may be processed without further regard to SEQR; and be it further

 

            RESOLVED, that the Village of Lansing Board of Trustees hereby authorizes on its behalf the execution of the proposed amendment to the SCLIWC Agreement submitted to this meeting, approving thereby the amendment to the rate schedule so as to increase the water rates to be charged under the SCLIWC Agreement generally from $2.04 per thousand gallons of water to $2.21 per thousand gallons of water.

 

Trustee Moore moved to approve this resolution to increase the water rate. Trustee O’Neill seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Aye                    Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                 Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

Frank provided the Board with a summary of the October 27th Lansing Sewer Committee meeting. There was discussion of the railroad route tour and technical requirements. There was no identification of any endangered flora or fauna, but it seems inevitable that about 6 or 7 mature hemlocks would have to be removed. At the creek crossing a wooden pipe bridge exists at Cedar Lane. The same span would be needed at the south fork abutments. There is a deep culvert in place at the north fork. “Kate’s Hole” would be troublesome because of the narrow earthen ravine crossing. It will also be difficult to dig in all of the existing rock. There was discussion at the sewer meeting about how much route latitude there would be to accommodate owners’ concerns. Some owners are in favor of the route because of ease and cost of hook-ups. Residents down Cayuga Heights Road would need individual pumping stations because they are down hill.  Mayor Hartill’s read is this is a little less attractive than first thought. There is also a big drop off to the west. There was discussion of access. Another question was how the little slivers of Village land would play into all this. Don stated that this winter the Board needs to discuss long-term sewer situations. Basically this project will cost $100/ft. to put pipe in the ground. The laterals would be installed at the homeowner’s expense. There are approximately 132 residents that are on water that are not on sewer. John O’Neill stated that it seems they are trying to put together an agreement but they haven’t even walked the area. Don stated that it’s all preliminary at this point. The Board discussed the option of the main going down Route 34. Two drawbacks could be a need to pump up to the Cayuga Heights plant and the interference with a state highway. A problem with going down the railroad bed is that the whole project goes through a unique natural area. It would destroy habitat. The area could not be returned to normal because there would need to be a maintenance road through there for manhole access.  Lynn asked if there was any discussion of what it would do to residents’ water supplies. There are still property owners that have not given permission. It seems that the Town of Lansing does not have a clear picture of what it wants to do.

 

Technical planning needs to be done before the sewer group goes for funding. The proposed $6 million of federal funding basically pays for the transmission line. To complete this project , it would require financing $8 million in addition to the federal funding. There is sticker shock with the enormous cost. The next sewer meeting is November 10th.

 

The Kline Road Project has been delayed until the spring because a fiberglass cylinder that houses the flow meter has not come in. The contractor has agreed to a no cost increase change order to complete the project in the spring. When the Kline Road Project is completed, the Village sewer moratorium will be lifted.

 

The next item on the agenda was to consider accepting Ayla Way. Dubow gave some history on the situation. If the Board chooses to accept the road, a public hearing must be set. Dennis can then have NYSEG turn on the electric to the streetlights after the public hearing and after the conveyance documents have been completed. Lynn asked if the drainage issues have been resolved. John O’Neill stated that during a rain storm the water washes into Swartout’s yard. There is a place in the ditchline that turns at a 90 angle and it is silted up in this area. John feels that it is minor and it would take a backhoe about an hour to remedy the situation. The mayor didn’t feel this was significant enough to hold up the acceptance. A final coat still needs to be done on the road. The following resolution was presented:

 

Resolution #4098-To Accept Offer of Dedication of Ayla Way

 

            WHEREAS, the Village of Lansing has received from Ivar R. Jonson and Janet B. Jonson an Offer of Dedication dated January 12, 2004 for Ayla Way located in the Lansing Trails I Subdivision in the Village of Lansing, as well as all water and sewer mains located within the bounds of such premises, along with an easement for a temporary turnaround at the northeasterly end of Ayla Way as offered for dedication; and

 

            WHEREAS, the Village Engineer has (i) confirmed that all required work with respect to the proposed road right of way and related improvements has been completed and (ii) recommended that the Village accept the Offer of Dedication;

 

            WHEREAS, the Village of Lansing wishes to accept the Offer of Dedication, subject to the satisfaction of certain conditions;

 

            NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of Lansing as follows:

 

1.      The Village of Lansing hereby accepts the Offer of Dedication made by Ivar R. Jonson and Janet B. Jonson, subject to full and complete satisfaction of each of the following conditions:

 

a.       Delivery to, review by and approval by the Village Attorney of original and executed copies of each and every document required in order to complete conveyance of the subject property in accordance with (i) the Village of Lansing Land Subdivision Regulations and  (ii) all applicable provisions of the State of New York and Village of Lansing laws, rules and regulations; and

 

b.      Receipt by the Village Attorney of a satisfactory and fully updated abstract of title and all related title documents to confirm that the premises will be conveyed free and clear of all liens and encumbrances other that customary public utility easements of record; and

 

c.       Recording and filing of the warranty deed conveying the subject property to the Village of Lansing, and recording and filing of any other documentation necessary to complete the conveyance of such property free and clear of all liens and encumbrances other that customary public utility easements of record; and

d.      Satisfactory conclusion of the public hearing to be held in reference to the dedication of the subject property.

 

2.         A public hearing shall be conducted in regard to this Offer of Dedication at the next

regularly scheduled meeting of the Board of Trustees of the Village of Lansing, on November 15, 2004, at 7:35 PM, all in accordance with the provisions of Sections 6-612 and 6-614 of the Village Law of the State of New York.

 

            The Village of Lansing’s acceptance of the Offer of Dedication is expressly subject to the above-stated conditions, and such acceptance shall not become effective until each of said conditions has been satisfied in full.

                       

Trustee John O’Neill moved to accept Ayla Way as a village road. Trustee Fresinski seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Aye                    Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                 Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

The next item on the agenda was to consider the Planning Boards recommendation to name the unnamed Village road that connects Coventry Walk to Northwood Blvd. Lynn explained that after much consideration the Planning Board recommended naming it “Wood Thrush Hollow Road”. There are wood thrushes in this area and that is how the name came about. The Board was concerned with the name being so long. John O’Neill’s only objection was a short road having two names. Northwood Road is a private road, which the Village would like to eventually take over.

 

                        Resolution #4099- To Name the Village Road That Connects Coventry Walk

to Northwood Blvd. “Wood Thrush Hollow Road”

 

Trustee Leopold moved to accept this resolution. Trustee Fresinski seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Aye                    Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                 Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

The Mayor commented that N. Triphammer Road is being surveyed. His biggest concern is a lack of progress regarding the relocation of utilities. He has spoken with Bill Gray, City of Ithaca Engineer, regarding their trials and tribulations they had during their Elmira Road project. Bill gave Don the name of the people that they dealt with. NYSEG claims that they have no crews because they are all down helping in Florida following the hurricanes. Verizon’s biggest difficulty is they are restructuring and there is no corporate memory. Verizon doesn’t know where their underground lines are. Don is hoping for a mild winter so that the NYSEG crews will be able to move our utilities.

 

The new construction to the water plant is behind schedule.  Lynn asked if sewer I&I work is being done. Don asked Jodi to have Dennis get him sewer flow information. Don explained that when we are concerned with sewer leaks it’s not going out of the line but the ground water that is getting in and then has to be treated at the sewer plant.

 

Don informed the Board that he will be away for 10 days and will not be at the next two meetings. Larry will not be at the noon meeting on Wednesday Nov. 10th. Everyone else will be present.

 

John O’Neill asked if we could revisit the issue of the bus stopping on N. Triphammer Road in front of the Mobil Station. Don explained that it requires New Plan Realty Trust’s approval, as the owner of Cayuga Mall, for the buses to turn into the Mall drive and circle behind Friendly’s and come out on the road next to the bank. Randy Marcus has spent time trying to get New Plan to agree to this with no success. Don asked John to look into this. He suggested first talking to Randy Marcus then possibly talking to tenants or calling the number they have posted for new tenants. It seems like having the bus pull in there would be a win-win situation for everyone.

 

Lynn stated that she attended the Stormwater Group meeting a week ago. Craig Scott is working on a grant. Kate Hackett also spoke of mini grants.  The floating classroom is still floating. Lynn also attended an IO meeting last week. Doug McEver is the chair. Unfortunately they did not have a quorum so they couldn’t vote.

 

Larry stated that he attended the TCMOA meeting and had forwarded notes on this to the Trustees already. They are dealing with an emergency communication system that would integrate with a State system. Peter Penniman’s biggest concern is an increase in taxes to pay for all the equipment at the County and local level that needs to be replaced.

 

Larry asked if the Sevanna Park homeowners’ request for information regarding the status of a privately owned road had been answered. Don will send an email to Carolyn Spicier.

 

Jodi presented the Board with the return of delinquent taxes to the County. If Village residents do not pay their taxes within 6 months they are forwarded to the County and the County pays us. It then becomes the County’s problem and these delinquent amounts appear on the taxpayer’s County tax bill.

 

                        Motion-To Forward the Delinquent Taxes to the County

 

Trustee Leopold moved this motion and Trustee Fresinski seconded the motion. A vote was taken:

 

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

                        Trustee Larry Fresinski-Aye

 

A final issue that the Mayor wanted to discuss was the Orear water situation. A connection to the water system was made before the Village was formed. A plastic distribution line was agreed upon at the time, but can no longer be done under the current regulations. A leak developed in the line resulting in a water bill around $5,000. The then owner, Jay Orear, had the leak repaired. This line serves other residents in the Town of Lansing but only one bill goes to Orear. The water cannot be cut off to 1654 East Shore Drive because if would cut off these other residents. To resolve this issue the Mayor wants to write a letter to these property owners and Jay Orear, copy to Steve Farkas, saying that this situation needs to be normalized. There may need to be a threat of stopping their water. This situation needs to be resolved. When the Mayor returns he will have a conversation with Bolton Point. The Village has no options other than cutting off service for lack of paying the outstanding bill. It is a private water system created by Orear. This is an unusual system that has worked for a while. Don asked Jodi to get the addresses of the parties that get water off that line. It would also be interesting to know if these individuals pay Orear for water. Don suggested calling Bolton Point.

 

Frank noticed that the street crossing zebra striping had been done on N. Triphammer Rd. in front of Triphammer Mall.

 

                        Motion- To Adjourn

 

Trustee Fresinski moved for adjournment. Trustee O’Neill seconded the motion. A vote was taken:

 

Mayor Donald Hartill-Aye        `           Trustee Larry Fresinski-Aye                             Trustee Frank Moore- Aye                 Trustee John O’Neill-Aye

                        Trustee Lynn Leopold-Aye

 

 

The meeting adjourned at 9:21 PM.                                       

                              

                                                                                                                               Jodi Dake

                                                                                                                           Clerk/treasurer