Village of Lansing

 

MINUTES of a meeting of the Board of Trustees of the Village of Lansing held on Monday, January 7, 2002, in the Village Office.

 

PRESENT: Mayor Donald Hartill; Trustees Larry Fresinski, Janet Beebe and Frank Moore; Phil Dankert, Planning Board member; Randy Marcus, Village Attorney.

 

Mayor Donald Hartill called the meeting to order at 7:38P.M. He opened the public comment period. There were no comments.

 

Motion-To Close the Public Comment Period

 

Trustee Larry Fresinski moved to close the public comment period. Trustee Janet 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- Absent

 

The Landscape Policy discussion was put off until the next meeting because it has gone back to the Planning Board for their review.

 

Next on the agenda was the approval of minutes. The Mayor had emailed some corrections and there were no further changes requested.

 

Motion-Approval of Minutes for December 17, 2001

 

Trustee Larry Fresinski moved that the draft meeting notes, as reviewed and revised by the Board, are hereby adopted as the official minutes. Trustee Janet Beebe seconded the motion. A vote was taken:

 

                        Mayor Donald Hartill-Aye                    Trustee Frank Moore-Aye                                            Trustee Janet Beebe- Aye                     Trustee Larry Fresinski- Aye

           

Next on the agenda was to discuss the codification. Randy Marcus apologized for dropping the ball. Last spring, Randy and Carol incorporated the last set of revisions. There are a number of parts for Dennis to complete. Randy stated that under State law, to implement this codification the Village must adopt the code by local law. The document would tell how the code came into being, general references as to changes along the way and why. This will be a lengthy written exercise. Randy will complete this in the next few weeks.

 

Randy asked the Board how inclusive the Village wants the code to be. Don stated that we have a mix of law, commentary and guidance. In a legal sense the Code will become local law. By adopting this document, we’re converting policies into law. Board members expressed concerns about the result, and Randy suggested that the policy statements could be attached as an appendix. The original idea was to have everything a law in one place. Larry understood that the zoning law was going to be indexed so that one would be able to cross-reference. Larry doesn’t want to suggest by having an appendix of policies that they’ll be enforced as law.

 

When the Village first started working on the codification the original draft was intended to include all laws in effect and new laws, which the outside company we hired had suggested be included. Board members again questioned whether we want policies to have the force of law. Once this codification is adopted it is law and any changes that are made to this document will require a public hearing and the law being sent to the State.

 

Carol and Jodi had put together a list of questions regarding the codification and the Board went through them. One of the biggest concerns was there were things in there that aren’t law. Do we want to include policies if that means they become law?

 

The Comprehensive Plan is a framework for our laws. It’s a policy statement. It’s easy to chance a policy. You don’t need a public hearing to do so. Randy will research the question of if the policies are in the appendix do they become law or can you have a separate section of the code that isn’t law. Frank suggested having 2 books with one common index. One book would be law and the other would include all of the Village’s policies, procedures and guidelines. Randy will also research if the index is part of the law or can it be changed without going through the law adoption process. It was also suggested to have an index for each book and then a separate index for a combination of both books.

 

Another concern was having dollar amounts listed that are changed often. Would it be more appropriate to have a statement saying that the dollar amount can be changed by resolution rather than having an amount or percentage built into the law that is changed often. Ben had suggested that some of the building fees be changed. The Board would like Ben to put together a list of changes he would like to see for the Board to consider.

 

There is a law from 1985 for paying the Mayor and Board of Trustees, but no law to pay the Planning Board. Randy will check to see if we should make this a law.

 

Jodi will get the dog law from the Town of Lansing so that it can be compared to what the Village has. Since the Village doesn’t issue tickets then this section may warrant being deleted.

 

It was suggested that Carol goes ahead and change things that are obviously wrong like the time when the office is open to request public assess to records and the mileage reimbursement rate.

 

Randy explained that the whole idea of the codification was to make things easier, and everyone had thought that putting all laws and policies in one place would do so. The State says that the village must have a Code of Ethics and a Procurement Policy. The State doesn’t provide these. Do we want to have some policies become law? The Mayor asked everyone to take a copy of the table of content and circle the policies or guidelines they thought should be removed from the code so as not to become law. Randy stated that it was not difficult to remove these things. In the codification we could add a comment that says “see policies”. The Board will have their suggestions to Carol by next Wednesday. Don will not be present for next Wednesday’s meeting. Don also requested that Carol give him an electronic copy of the code.

 

Randy also suggested that if Dennis can’t get his information to Carol before adoption of the code that we just leave it out and add it at a later date. Randy also recommended that the Walkway Policy become part of the Comprehensive Plan.

 

Don asks Randy to look into the sewer capacity charge issue.

 

Randy brought up the topic of a cell tower in Dankert Park. Bill Troy has put together case law to demonstrate that a municipality has no authority to lease parkland. It’s clear that a license is all they can do. The Mayor asked if we could charge an annual fee for this license. Randy said yes, but will have Bill Troy confirm this. The Board feels that if we can’t receive any income, then why do it? Frank suggested we get the Planning Boards input before we make any decisions. Don will forward the document to Ned.

 

Randy reported that the Mobil contract is still not returned. Mobil has looked at the contract, it’s fine but they wanted to add some language which Randy had no objection to. When following up with this, it was found that the person he was in contact with was away for 2 weeks. The issue of an easement for a sidewalk beside Mobil is being held off until we get the property acquisition issue resolved.

 

New Plan Realty has no problem with the Village acquiring the northerly driveway that runs between HSBC and the doctor’s offices. This driveway will become a village road for a bus turn around.

 

The Mayor forwarded the Initial Project Proposal (IPP) to Steve Vetter on Friday. This is the last document before we get authority to manage the N. Triphammer Rd. Project locally. It should be a month or so until we get the documents back from the NYSDOT. Don asks Larry to get the process started. We should be able to get access to the documents of the 15 firms.

 

There is a sewer meeting on Thursday. The Mayor gave an update on the discussion at the last sewer meeting.

 

During our vacuuming of the sewers we identified a leak in the sewer system of 40-60 gallons per minute. We will document this, do the repairs and then ask for more sewer units. This leak equals 60 sewer units. There were also 2-3 houses on Graham Road that had back ups when the tests were performed which means they don’t have proper equipment. Randy left the meeting.

 

Larry stated that the line for the new Internet service was being run this week. The Board decided that Ben and Jodi would both get new computers from Danica. Ben will get a 17” flat monitor and Jodi will get a 15” flat monitor. Ben’s computer will go to Carol and Jodi’s present computer is to be surplused. They also decided that the office would have Windows 98, 2nd edition. Jodi will call Williamson Law Book to see when they can come and reinstall the applications for her accounting programs. Larry would also like to know if Williamson is working on running their program in XP. Right now the accounting programs are in a DOS base.

 

Motion- To Adjourn

 

Trustee Larry Fresinski moved adjournment. Trustee Janet Beebe seconded the motion.

 

Mayor Donald Hartill-Aye                    Trustee Frank Moore- Aye

                        Trustee Janet Beebe-Aye                      Trustee Larry Fresinski- Aye

                       

 

Meeting adjourned at 10:10.                                          

 

 Jodi Dake

Village Clerk