Village of Lansing

MINUTES of a meeting of the Board of Trustees of the Village of Lansing held on Monday, March 5, 2007, in the Village Office.

Present: Deputy Mayor, Larry Fresinski; Trustees, Lynn Leopold, John O’Neill and Frank Moore; Clerk/Treasurer Jodi Dake; Attorney David Dubow; Planning Board Chairman Ned Hickey.

Deputy Mayor Fresinski called the meeting to order at 7:33 P.M. and opened the public comment period. Ned Hickey stated that the Planning Board has learned that Cortland is offering some training sessions and at least one of our board members will be going. The Planning Board is working on developing a policy on training and how we will keep track of the records. Jodi asked Ned to have the board members submit something in writing to her any time they attend training. This information will go into their personnel file.

Motion-To Close the Public Comment Period

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

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

The next item was a public hearing on accepting the offer of dedication of Millcroft Way. David Dubow explained that to accept dedication of a road two resolutions are required separated by a public hearing. The first resolution that was done at the February 5^th meeting had conditions associated with it, one of which provides that the Village engineer confirm that all required work has been completed and acceptance of the road is thereby recommended. After speaking with Brent Cross today, Dubow stated that he was advised that all work has been completed except for the required replacement of steel pins with concrete monuments. It was acknowledged that this final work cannot be done until the weather changes. It was also explained that when the road is conveyed it will be subject to a warranty period and financial security provided by the developer as recommended by the Village Engineer.

Motion- To Open the Public Hearing Regarding the Village’s Acceptance of the Offer of Dedication of Millcroft Way

Trustee Leopold moved to open the public hearing. Trustee O’Neill seconded the motion. A vote was taken:

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

There were no comments from the public.

Motion- To Close the Public Hearing

Trustee O’Neill moved to close the public hearing. Trustee Moore seconded the motion. A vote was taken:

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

Resolution # 5306-To Reaffirm Actions Taken in Resolution #5300 Adopted on February 5, 2007 Authorizing the Village to Accept the Offer of Dedication of Millcroft Way

WHEREAS, by Resolution No. 5300 adopted on February 5, 2007, the Village of Lansing Board of Trustees (i) conditionally accepted the Offer of Dedication made by Millcroft Trust (“Millcroft”), for Millcroft Way located in Phase I of the Millcroft Subdivision in the Village of Lansing, and (ii) directed that a public hearing be conducted in regard to the foregoing actions at the next regular meeting of the Board of Trustees of the Village of Lansing, on March 5, 2007, at 7:35 PM; and

WHEREAS, such public hearing was held on March 5, 2007 as required, at which time the Board heard no sufficient expressions of opposition to the Board proceeding as resolved in Resolution No. 5300; and

WHEREAS, the Board therefore wishes to reaffirm the actions provided for in Resolution No. 5300;

NOW, THEREFORE, in accordance with Sections 6-610, 6-612 and 6-614 of the Village Law of the State of New York, and for the purpose of reaffirming its previous action as provided for in Resolution No. 5300 adopted on February 5, 2007, be it resolved by the Board of Trustees of the Village of Lansing as follows:

1. The Village of Lansing hereby reaffirms its acceptance of the Offer of Dedication made by Millcroft and the conditions and obligations to be satisfied by the Village and upon which the Offer has been made, subject to full and complete satisfaction of each of the following conditions:

a. Confirmation from the Village Engineer that (i) all required work with respect to the proposed road right of way and related improvements has been completed as required and (ii) acceptance of the road right of way and related improvements is thereby recommended;

b. Delivery to, review by and approval of 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 all applicable provisions of the State of New York and Village of Lansing laws, rules and regulations;

c. Receipt by the Village Attorney from Millcroft of a satisfactory and fully updated abstract of title and all related title and transfer 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

d. 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.

2. 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 O’Neill moved this resolution. Trustee Leopold seconded the motion. A vote was taken:

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

Next on the agenda was the approval of minutes from February 5^th & 15^th, 2007.

Motion - To Approve the Minutes from February 5^th & 15^th, 2007

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 O’Neill seconded the motion. A vote was taken:

Trustee Larry Fresinski –Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye Trustee John O’Neill-Aye

It was reported that Ben Curtis, the Village Zoning and Building Code Enforcement Officer, has requested that the Board give him approval to issue a Temporary Certificate of Occupancy (TCO) to Advion at 19 Brown Road. The letter submitted to the Board stated that the construction of the new Advion Building at 19 Brown Road is substantially complete. Life safety components for the building have been or will be completed and operational prior to issuance of a TCO. Some work, primarily of a cosmetic nature, remains to be done on the exterior of the building. Some landscaping remains to be done and a louvered screen on the roof that will conceal roof top equipment has yet to be installed. Based on this and a letter from the developer, Integrated Acquisition & Development, Ben has recommended that the Trustees authorize a TCO for the new Advion Building, which would expire June 15, 2007, and a nominal security deposit of $1,000. Ned Hickey added that the landscaping could not be completed until the spring. Frank questioned whether, with all the remaining work to be done, the security deposit was sufficient. David Dubow stated that because Integrated has a strong record of getting things done, Ben is comfortable with this amount of financial security. If for some reason they would not complete these items, they would not be issued a Final Certificate of Occupancy.

Resolution #5307- To Issue Advion at 19 Brown Road a Temporary Certificate of Occupancy with a Security Deposit of $1,000 and an Expiration Date of June 15, 2007.

Trustee O’Neill moved this resolution. Trustee Moore seconded the motion. A vote was taken:

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

The next item on the agenda was to start the budget discussions. Don had previously provided the Board with the first cut at the proposed budget for 2007-08. In his note to the Board he stated that the main features are that we can lower the tax rate from $1.59 to $1.40 per $1000 of assessed value.  The main reason for this is to get back on track from the Triphammer Road reconstruction bubble.  The Village may be able to reduce the tax rate further next year after we have had a year to come to equilibrium. The transfer to the Park Capital Reserve has been increased in anticipation of a possible large expenditure as part of a cooperative effort with the state to secure the bluffs area in the Bolton Point Subdivision.  The General Fund includes monies for redoing Dart Drive, a new pickup and a new skid steer along with the usual road maintenance. For both the water fund and the sewer fund, Don has proposed reducing the surcharge from 50% to 30% to bring those accounts back towards a stable post Triphammer Road reconstruction era. This change, if to be implemented, will require an amendment to the Village Code.

Jodi explained that she had taken the Mayor’s proposed budget and placed it in the Village’s budget program. This document is easier to read and provides a little more explanation. She distributed this to the Board. She explained that the Mayor had left all salaries blank, but to give them a better idea of the budget, she put in this year’s salaries. Once there have been further discussions on this issue the numbers can be adjusted. Jodi went through the budget line by line and explained what each was and the reasons for changes. The following are some of the points that she covered:

The proposed budget for the General Fund has about $1.8 million in appropriations.

General Fund Expenditures

A1330.42 Should be changed from $2,500 to $0. This money comes from Capital Projects since it is an audit for the N. Triphammer Rd. Project.

A1320.4 This year we budgeted $6,400 and this amount will be the same for next year. We had planned to install cabinets in the conference room last year but instead we had to get a new phone system and we will be replacing the back door that is rusting out and a new screen door on the front. 07-08 we plan on doing the cabinets.

A1410.2 $1,500 for another fireproof safe. Had it in budget this year but got a new computer instead.

A1415.2 0-nothing needed

A1420.4 Proposed an increase from $175/hr to $190/hr (with this increase equals approximately 5% average increase over last several years)

A1430.4 Staff training I removed this code because each department has been placing their training under their contractual code for their department

A1440.4 Engineering increase from $35,000 to $40,000. This will allow for Lynn to also get some help with the MS4 report.

A1450.4 Elections-pay inspectors $100, plus an extra $110 for a moving truck to

move voting machines as required for security and about $600 to the election board for materials-increase to $1200

A1620.2 Building Equipment last year was for conference room cabinets but instead we did new phone system. Still $3,400 left to be used to replace the back door that is rusting out and a new screen door on the front of the building. We are budgeting for the cabinets to go in 07-08.

A1620.42 Building utilities was $11,300 last year so increased from $10,000 to $12,000

A1640.2 Garage equipment increased from $1,000 to $3,000. Jodi will ask John what the additional amount is planned for.

A1910.4 Unallocated Ins.-Bailey, Lovell, NYSIF Workers comp. increased by

$2,000

A1950.4 Taxes & Assessments-this is where we pay for 2 sewer assess. units to VCH plus taxes on properties that are given to us.

A3310.4 Traffic control-Increased from $3,500 to $10,000. Last year actually spent

$4,100 but will have to ask what other additional money is for. John O’Neill thought it might be for the speed radar.

A5110.2 Transportation equipment increased to $60,000 to allow for the purchase

of a new truck and skidster.

A5110.4 Street maintenance will include reinforcing Oakcrest Rd., Burdick Hill and Sheraton Drive ditches, crack sealing and some box outs.

A5112.2 Capital outlay will include $400,000 for Dart Dr. and $220,000 for overlays on Cayuga Hills, Bomax, Hampton Hills, Wedgewood, Beckett and Essex Court.

A5142.2 There is $5,000 allocated for a snow blower for the skidster

A5182.4 With new streetlights on N. Trip. this line item will increase about $18,000. John questioned whether we are being charged for the poles. Jodi will research this further.

A5410.41 Greenway contractual was increased to $20,000 to do the trail from Janivar to Wakefield. John would also like to oil & stone a trail as a test to see if it holds better that the crusher run which washes away.

A5680.4 Public Transportation is Gadabout and they would like an increase to $6,000. There was also $300 for bus shelter but to remove the one on Dart and build a new one by Swartout we will need to increase .2 to $3,000.

A7310.4 Youth Recreation is $13,724 for the Recreation Partnership and $10,700 to the Town of Ithaca for Youth Services

A8010.41 Zoning contractual increased from $800 to $1,500 to allow for training

A8020.44 Planning contractual increased to $3,000 for training also.

A8020.46 Removed $500 for inter planning

A8989.4 Removed Ombudsman, no longer use.

A9060.8 Medical Ins. -Budgeted as if new employee will be on our health insurance as a family and for increases in others~ $25,000

General Fund Revenues

Taxable value for next budget year is $347,873,805, which is down from last year due to

an over $5 million correction to Pyramid Mall. At a tax rate of $1.40 per $1,000 of assessed value the real property tax amount would be $487,023.

A1120 Non Property Tax or Sales Tax is being decreased from $610,000 to $550,000. Frank questioned why this amount was lower. Jodi stated that it looks like we will come in at about $600,000 this year but will ask the Mayor.

A1170 Cable fees increased from $20,000 to $23,000 based on the history

A2401 Interest rates are up so increase from $12,000 to $25,000

A2401G & P Reserve monies are not budgeted.

A2590 The Mayor had used the same number of $25,000 as last year but Jodi questioned whether we would make that much because we don’t have any large commercial projects that would generate large fees. This year so far we’ve only earned $9,488 which is not even half of the amount we budgeted. Jodi will check with Ben on this number.

A2665 Sale of equipment would include selling the pick up truck and skidster. John estimated that we would make about $12,000 on the truck and $8,000 on the sale of the skidster.

A3501 Consolidated Highway Aid increased from $40,000 to $50,000. This is based on the amount of capital improvements (CHIPS) you do in the village.

The Water Fund has approximately $558K in appropriations.

Water Fund Revenues

F1030 Have no BAN’s. so no special assessment

F2140 Meter Sales currently = water purchases + 50% surcharge

This year we are on course to be about $5,000 short. The Mayor has calculated the number using a 30% surcharge.

F2144 Service Charge-Bolton Repairs that get paid back by property owners if their request or problem /sprinkler charges-$4,500

(Pay Bolton out of F8340.4)

F2401R Don’t budget for Reserve

Water Fund Expenditures

F8320.44 Mayor calculated as if our surcharge is 30%

F8340.2 There is nothing budgeted for equipment/capital outlay

The Sewer Fund has approximately $707K in appropriations.

Sewer Fund Revenues

G1030 Special Assessment will be $30,595-Principal $18,700 + interest $11,895

G2120 Sewer 50% of water cost for those on sewer plus Borg Warner sewer direct bill of $36,000. *This year we are on course to be about $5,000 short. Mayor lowering surcharge to 30%.

G2122 10 units yearly average $23,500

G2128 *On course to be $1,500 short unless a lot of big customers don’t pay on time in April. Hard to guess who will pay on time.

G2401R Don’t budget for Reserve

Sewer Fund Expenditures

G9710.6 Bond Principal $18,700

G9710.7 Bond Interest will be $11,895

G8189.4 & G2374- Intergovernmental Charges-VCH has not set their sewer rent rate yet

but based on last year it would be 2377 units * $183 = $434,991.00

Commercial units increased by 30 and there were 8 new residential hook ups. The change in commercial was mainly due to the new hotels 28 units and Advions 4 new units.

Lynn would like to see a 5-10 year plan for our roads. Jodi will ask John for that information.

It was questioned whether we were being charged by NYSEG for poles on N. Triphammer Road. The Village bought all the fixtures for the streetlights as part of the reconstruction project. Jodi will research this issue. It was stated that the streetlights in Lansing Trails were installed by the contractor and there should not be a charge for those poles either.

During general discussion Lynn stated that she received a letter on an emergency response conference that was being held in our area on March 29^th and asked if anyone was attending. John O’Neill stated that he would be. Jodi had spoken with John Courtney about this and he has already completed this type of training recently.

Lynn has received a response from Region 7 NYSDEC on the annual storm water report that was submitted last year. After reviewing the Year 3 MS4 Storm Water Management Program Annual Report, they listed several suggestions for the Village to be in compliance with the MS4 Permit requirements. The report indicated that the Village is deficient in many ways, and Lynn indicated that she is a little overwhelmed with this compliance process and doesn’t feel that she can do this alone. There are six minimum control measures and the State needs more detail. Ned stated that the Planning Board does many things that qualify and he would be happy to sit down with Lynn and add them to our annual report. Jodi suggested that Lynn also speak with John Courtney to get more details. The Village does a lot of storm water management type activities and it’s just a matter of getting the details on paper. Lynn stated that the local storm water group has two meetings this month in which they will get started on the annual report. Lynn would also like to get some help from TG Miller, but is concerned about there being any monies budgeted for this. It was acknowledged that the proposed engineering budget for next year should cover the costs. Dubow stated that the annual report should be more of a yearlong process where activities are documented as they happen.

The Board discussed whether there was a need to hire an Environmental Planner for this type of thing. Frank questioned if we are a part of the Town of Lansing and pay Town taxes, then why couldn’t they help us. Larry suggested that this question go to the mayor first. Ned asked what an environmental planner does. He indicated that we currently have an engineer that does this. It was decided that there is a consultant line item in our budget, and if we would have a need for this service this would be the way to go. It was commented that an additional staff person might permit the Village to address issues on a slightly more proactive basis if it was determined that such a need exists.

Lynn stated that she has copies of a publication of the Cayuga Lake Watershed Network called Smart Steps for Clean Water. The Village can take credit on our annual report for distributing these from the Village office. Jodi will have Carol put an article in the newsletter stating that they are available in our office.

It was stated that Byron Hall has requested a letter from the Board of Trustees confirming that the North Triphammer Road / Sevanna Park / Lansing West Apartments sign issue will be resolved at a later date. Larry stated that the unresolved issue is whose name will be on top of the sign. Larry will email Byron.

Motion- To Adjourn

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

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

The meeting adjourned at 9:47 PM.

Jodi Dake

Clerk/Treasurer

Will not be part of official minutes:

Answers to Questions:

Sales tax research done

I spoke with David Squires at TC Finance and he stated that the percentage we receive in

sales tax is based on population. How it works is all the money that is collect for sales tax

outside the city is put together. It doesn’t matter where the point of sales is in Tompkins

County outside the city. This amount is then distributed to all the Towns based

on population. The Town of Lansing gets 15% of the sales tax collected in Tompkins

County outside the city. We then get a percentage of the Town based on our population

or 32% of the town sales tax. One of the big generators of sales tax is residential utilities.

The actual amount collected from 2005-06 ($646,071) was overstated because the County

changed the way they distributed monies from quarterly payments to monthly payments.

This resulted in the amount being overstated by one month. In the past the Village

recorded income on the date it was received but this has been changed by our

accountants. This adjustment to the prior year was adjusted after the accounting audit. To

date we have received $402,967 with 4 months left.

This year it looks like we’ll come in at about the $600,000 we budgeted. I would suggest

that we budget $600,000 again for next year.

A3310.4 Traffic control-Last year actually spent $4,100 so increased and also will have to bring in a crane to support Graham Road Arm for repairs

A1640.2 Garage equipment increased from $1,000 to $3,000. Jodi asked John and it is for a new air compressor and an impact wrench to do our own maintenance.

F2401 & G2401-If we will be collecting less money in these funds then we should also lower the amount of interest we earn from having this money in the bank. Also the penalties (2148) would be lower on lesser amounts.