HomeMy WebLinkAbout5.16.2005 Minutes.pdf
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Minutes of Regular Meeting
May 19, 2005
Village of Cayuga Heights
Board of Trustees
Present: Mayor Lynn, Trustees Antil, Staley, McNeil, Mount and Collyer, Atty. Tyler, Police Chief Lansing,
Supt. Tamborelle, Supt. Cross, Supv. Quick, Clerk Manning, Joy Barr, Carol Scheele, Elaine Houck.
Absent: Trustee Tavelli (present for the Public Information session)
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At 7:00 pm, Mayor Lynn called the Public Information Meeting to order. The purpose of this meeting was to
inform the Public about the proposed renovation plans to Marcham Hall which the Mayor’s Space Committee
has been working on since last fall. Members of the public were present. Tom Schickel of Schickel Architecture
presented the proposed plan. After the ½ hour presentation, members of the public were asked for comments.
There were questions on whether we were continuing the slate roof on the addition…the status of the existing
greenhouse….air conditioning and funding. These questions were answered and the information meeting was
closed.
Mayor Lynn then opened the regular meeting of the Board of Trustees at 7:49 pm. The approval of the minutes
of the April Organizational meeting was deferred to the June meeting as there was a computer error in the
transcription of the minutes which had been distributed with the call to the meeting.
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Privilege of the Floor
Barbara Mingle, a resident of the Village, expressed concerns about basic services in the Village. She specifically
referred to the abundance of yard debris, and the fact that monthly pickup is grossly inadequate, especially in the
spring and fall. She recommended that the Board reconsider the current schedule for at least the early months of
spring. There were more concerns expressed on the condition of the roads in the Village. Specifically, Highland
and Parkway Place were discussed. Supt. Cross explained that the water project at Parkway Place is to be blamed
for the road condition, and the project is just about ready to be finished. Mayor Lynn said that the road situation
will be discussed later in the meeting. Trustee Antil commented on the change in the brush schedule. Trustee
Mount agreed that spring is not the time for once/month pickup. Mayor Lynn assured the public that the Public
Works Committee will be looking into the situation.
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Mayor’s Report
A copy of a plaque that will be presented to Marian Kira for her years of dedicated service to the Village was
included in the packet sent with the Agenda. Marian will be invited to the June meeting so the Mayor can
present the plaque to her.
A copy of the summary of the Cayuga Medical Center Annual Corporate Meeting from Paula Bensadoun was
also included in the packet for this meeting, as well as a letter from Olver Associates outlining a meeting the
Mayor and Neil Olver held regarding Small Claims Strategy.
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Report of the Justice Court – Judge Galbreath, who was unable to attend the April meeting.,
attended this meeting to invite any questions or comments about his Annual Report which was distributed at the
April Board Meeting. Since there were residents present in the audience, the judge gave a brief synopsis of the
report. Some of the highlights were:
- The Justice Court Grant received last year enabled the Court to purchase a new computer and
software. Another Grant was applied for this year which will be used to purchase tape recorders for
Court proceedings.
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Justice Galbreath reported that he is considering running for Justice in the Town of Ithaca. He will not,
however, be leaving the Village of Cayuga Heights. Because of the geographic location of Judge Galbreath’s
residence, he is able to hold office in both locations. The Mayor wished him luck in his run for that office.
Justice Galbreath then invited the Board and the public to attend Court on any Tuesday evening at 6:00 P.M. to
see how the Village Court is conducted in all its variations.
Mayor Lynn asked what share of the $64,000 from fines paid to the Village Court goes to the State. Judge
Galbreath gave a figure of approximately $40,000 that the Village will see this year. Treasurer Silber commented
that we actually are getting more money now than we used to due to the Court staff’s efforts.
Mayor Lynn thanked the Judge and his staff for all their hard work.
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Report of the Police Chief – Report was distributed and is on file. There were no questions from the Board or
the public. Chief Lansing reported that there will be some issues to go before the Board in the near future, as
soon as he receives information from the County relevant to the County computer system and the 911 center.
Mayor Lynn asked the Chief to report next month on how the County is doing on the 911 system. The Chief
attends regular meetings on this subject and will report next month.
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Report of the Fire Superintendent – Report was distributed and is on file. Fire Supt. Tamborelle reported that
the new ladder truck (truck 231) is now in service. The Fire Department Banquet was very successful. Mayor
Lynn commended Fire Supt. Tamborelle on the extraordinary job he is doing with the current group of
volunteers at the Fire Dept. He urged the public to get involved with the Fire Dept.
Trustee Mount asked about the request made from the Town of Lansing to contract with the Village of Cayuga
Heights for fire service in the Village of Lansing. The Mayor said that after discussion with the Fire Chief, a
letter was sent back to Mayor Hartill, Mayor of the Village of Lansing asking for specifics. As of this date, the
Mayor has not received an answer.
Trustee Staley asked if the new ladder truck has a new computer in it. Chief Tamborelle said yes, but that type of
program for which it is intended is not in use here in the County yet.
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Report of Working Supervisor – Report was distributed and is on file. Supv. Quick reported that there was a
water break on Corson Place. He commented that the Village is going to have quite a bit of trouble with some
of the older pipes in the Village as time goes on.
Supv. Quick wanted to comment on the brush situation that was brought up earlier in the meeting. The main
reason for the change was to be able to use the staff for other jobs throughout the month instead of having 4 or
5 men working on brush every other week. This greatly diminished the D.P.W. staff time for other projects. A
question was asked as to what you do with the brush in between the weeks that it is picked up. You can bundle it
up and take it to the D.P.W where there is a brush pile to dump it in. If it is leaves, take them to the “leaf
dump”. It would take some effort, but it would take care of leaves that are raked up during the month. Trustee
Antil reiterated that the Public Works Dept. will discuss the situation further.
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At this point in the meeting, Mayor Lynn told Supervisor Quick, Fire Supt. Tamborelle and Chief Lansing that
they could leave if they wished.
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Report of the Supt. of Public Works – Supt. Cross presented the MS4 SPEDES #NYR20A254 Stormwater
Management Program Annual Reported for Regulated MS4s to the Clerk and instructed her to advertise to the
public that this report is available in the Village Clerk’s office for review and comment until 5/31/05. The
Village is required to then submit the report to the NYSDEC along with any comments received from the
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public. Supt Cross thanked the Town of Ithaca Planning Dept. for allowing the Village to “coattail” on their
efforts and use their “template” for the Stormwater Management Plan to apply it to the Village. He then gave a
synopsis of the report. The purpose of this document is to demonstrate that the Village is in compliance with
the SPEDES Permit requirements to prepare, implement and enforce stormwater management plans and
regulations.
Supt. Cross reported that the current 3 year term contract with Yaws Environmental Process Control expires on
5/31/05. He feels that Yaws has completed their contract successfully and recommends that the Board pass a
Resolution to sign another contract with them for a similar term, incorporating a 3% annual increase in the
agreed payment for their services through 5/31/08.
Motion by Trustee Antil
Move to pass Resolution 6144 to sign a contact with Yaw’s Environmental Processs Control, Inc. for
Operation of the WWTP.
WHEREAS, the Village of Cayuga Heights’ WWTP is currently operated under contract by Yaw’s
Environmental Services (Yaw’s), and
WHEREAS, said contract is due to expire as of 5/31/05, and
WHEREAS, the Village wishes to have yaw’s continue operation of the WWTP, and now
THEREFORE, the Village of Cayuga Heights Board of Trustees hereby authorizes the Mayor to sign
the contract to extend its current contract with Yaws Environmental Service for 3 years at an annual 3%
increase in compensation.
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
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Report of the Public Works Committee – Trustee Antil, Chairman of the Public Works Committee reported on
the condition of the roads in the Village. A report was distributed which listed the roads which will be worked
on this season. This report was NOT the report that was completed by the Engineering firm. The Public Works
Committee toured the Village and re-prioritized what roads needed to be done, and what was going to be done
to them. The Committee is recommending that the Trustees look at the list from the Engineering firm and
decide how to get the roads on the list done in a more timely fashion. The work on these roads needs to be
performed outside of our DPW staff. They will need to be contracted out. The cost of the complete road
repair project is 5-7 million dollars. This will probably be completed throughout 2-3 seasons. The Public Works
Committee has discussed this situation extensively. If the Board agrees with the work that needs to be
completed, they will look to the treasurer on how to afford to complete the work. The question was asked as to
why the Committee doesn’t totally agree with the list from the Engineering Firm. The answer is that the Firm
didn’t factor in the amount of traffic traveled on the roads, just the condition of them. It was asked if this
season’s road list could be shared with the public. It can be. The Public Works Committee is suggesting that the
Village contract out the work and figure out how much money can be spent. This is just for the road work not
being paid for out of next fiscal year’s budget. The Mayor asked the Treasurer to address the long term
commitment of spending this kind of money. Treasurer Silber said that a bond for 20 years is reasonable. The
big question is how will this impact the tax rate? The Mayor said that the Board needs public discussion on all of
this. Supt. Cross wanted to remind the Board that the water system is also due for updating, with many old
pipes; much of the sewer system piping is also ancient.
The Pleasant Grove Lane Homeowners Association is still awaiting a decision on the Village accepting their
street as a public street. The issue needs to be addressed with other private roads in the Village in mind. Supt.
Cross recommended that a letter be sent with terms and conditions that need to be satisfied before the Board
will consider this. A draft of this letter will be sent to the Public Works Committee and the Board before it is
sent. Trustee McNeil asked for a list of the other private roads in the Village.
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Report of the Treasurer – Treasurer Silber distributed his report and the Abstract of Vouchers.
Motion by Trustee Antil
Move to pass Resolution xxxx approving the transfers dated 5/16/05 as listed below.
RESOLVED to approve the transfers dated 5/16/2005 as listed below:
From: To: Amount
A01990.400 Contingency A03125.410 Treasurer Contr Exp 800
A01990.400 Contingency A01420.410 Attorney Contr Exp 8,000
A01990.400 Contingency A01450.410 Elections Contr Exp 70
A01620.440 Village Hall Utilities A01620.410 Village Hall Contr Exp 500
A08160.100 Refuse Pers Serv A01640.100 Cent Gar Pers Serv 15,000
A01990.400 Contingency A01640.410 Cent Garage Contr Exp 8,500
A01990.400 Contingency A01640.440 Cent Gar Utilities 3,000
A01680.200 Info Tech Equipment A01990.400 Contingency 8,000
A01680.410 Info Tech Contr Exp A01990.400 Contingency 3,000
A03410.430 Fire Insurance A03410.410 Fire Contr Exp 450
A03410.430 Fire Insurance A03410.460 Fire Rescue Squad 400
Fund Bal A05112.100 Cap Impr Pers Serv 35,000
A08160.100 Refuse Pers Serv A05112.100 Cap Impr Pers Serv 11,240
Fund Bal A05112.410 Cap Impr Contr Exp 100,000
A01990.400 Contingency A05142.100 Snow Pers Serv 8,600
A01990.400 Contingency A05142.410 Snow Contr Exp 1,220
A08510.400 Comm Env Contr Exp A08160.410 Refuse Contr Exp 2,430
A01990.400 Contingency A8160.460 Tipping Fees 2,000
F01990.400 Water Contingency F01420.410 Water Attorney 1,200
Water Fund Capital Fund Balance F08350.100 Water System Pers Serv 10,000
Water Fund Capital Fund Balance F08350.410 Water Contr Exp 20,000
F08320.410 Water Purch/SCLIWC F08350.200 Water Equipment 13,875
G01990.400 Sewer Contingency G8130.440 Sewer Plant Utilities 5,000
G01990.400 Sewer Contingency G08130.460 Sewer Plant Pre Treatment 1,870
G01990.400 Sewer Contingency G08130.490 Sewer Plant Equip Maint 4,800
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
Treasurer Silber reported that the sales tax will be over $90,000 this year. Also, there was significant overage
from the Klinewoods Road project. This overage is being covered by prior surplus or this year’s surplus.
Supt. Cross commented that the revenue side is in good shape because of an additional $60,000 of revenue
received this year from the CHIP fund.
There was a brief discussion on the trickling filter refurbishment project and its current status.
Mayor Lynn asked for a motion to pass the Resolution approving the Abstract of Vouchers.
Motion by Trustee Staley
Move to pass Resolution 6146 approving the Abstract of Audited Vouchers dated 5/16/05 in the amount
of $322,980, and instruct that the Treasurer make payments thereon.
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Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
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Report of the Attorney – Attorney Tyler reported on the following:
Last year’s initiative by the County Planning Department which states that certain decisions can be made exempt
which are otherwise subject to review by the County Planning Board, General Municipal Law 239 should be
discussed at the June meeting. The ZBA should be present at the meeting when the Board passes this, because
the decisions are typically these issued by the Village Planning Board and Zoning Board of Appeals.
Attorney Tyler commented on Trustee Mount’s request about sidewalk maintenance/lawsuits in the Village of
Trumansburg. There has not been much litigation in Trumansburg on this issue over the last twenty years while
their ordinance placing responsibility for maintenance and clearing on the property owner has been in effect.
There was much comment on the situation of Remington Road. The topics of discussion revolved around the
possibility of closing the road, either permanently or to local traffic vs. repairing the road. Mayor Lynn said that
he thinks the potholes should be patched with gravel and simply maintain the road so it is passable. There was
some discussion about sending Jack Rogers a letter stating that it is the Board’s intention that no work be done
on the road until there is future house construction completed. It was decided that this was not a good idea.
The idea of closing the road was debated and Attorney Tyler said that the road should not be closed without a
distinct plan of repairing and re-opening it. He felt strongly that the Village should do whatever we have to keep
the road passable. Trustee Collyer remarked that he felt that most of the traffic on that road is from the Lansing.
If it deemed to be so, there isn’t much we could do about it. Attorney Tyler asked about the situation with Jack
Roger’s pins for the survey on his property line. Supt. Cross has two quotes on setting these pins….one for $800
and one for $1500. He has been given no directive to do anything yet. The matter of Jack Roger’s culvert was
discussed, also. Supt. Cross said that the problem has been investigated and there is no imminent danger;
however, repairs will need to be made.
Regarding the proposed Cingular Wireless tower, Attorney Tyler has received copies from the Treasurer of the
contracts from the Town of Ithaca. They were quite different from what Cingular was offering us. Treasurer
Silber said that he will not discuss money with Cingular until he knows about the space requirements and other
specifics at proposed DPW site. Supt. Cross spoke to Cingular and they emailed him a site plan which is
somewhat doable. Attorney Tyler said that after the site and money issues are resolved, he will look at the
contract. Verizon is currently out of the picture, but they may resurface. Supt. Cross has received requests from
other wireless providers. Whoever gets approved first will “be in the driver’s seat”. ZBA approval is needed,
also, for the DPW site.
The Village may now recover back taxes from Michael Manning of Simsbury Drive. His bankruptcy case was
dismissed. The Clerk will look into this.
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Report of the Clerk
Clerk Manning asked the Board how they wished to proceed with the Space Committee’s recommendation on
the proposed renovation of Marcham Hall. There was much discussion on how to pay for this project since
there is a major road project forthcoming. In fact, there was discussion on whether the project should be done
at all because of the money that needs to be spent on the roads.
Supt. Cross stated that if we proceed, preliminary architectural work needs to be done, along with a firm
proposal from Tom Schickel, so we know specifically how much the renovation plan will cost. There was
discussion on paying cash vs. bonding. It was thought that the financing would probably be a combination of
the two. Treasurer Silber offered that if the Board wants a bond resolution for the June meeting, a resolution
would have to be passed tonight. After further discussion, the following motion was offered.
Motion by Trustee Antil
Seconded by Trustee Collyer
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The Board of Trustees of the Village of Cayuga Heights passes Resolution 6147 authorizing the
Treasurer to engage bond counsel for the purpose of bonding for the renovations to the Village Hall.
Trustees Antil, Collyer, Mount and Staley voted YES..
Trustee McNeil OPPOSED.
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Motion by Trustee Antil
Move to enter Executive Session at 10:30 pm to consult with Counsel on pending litigation.
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
Motion by Trustee Antil
Move to come out of Executive Session at 10:41 pm
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
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At this time, Mayor Lynn commented to the Trustees that this meeting opened up a massive amount of
work with the Space Committee and Public Works Committee reports. Klinewoods Rd. is a top
priority, also. He wanted to put the Trustees on notice that there will be many difficult decisions to
make in the near future.
Treasurer Silber brought up one more issue. There has been a request from Dr. Burton Markowitz for
refund of back money overpaid to Bolton Point. It seems that he has been overcharged for the last 10
years, being charged for 6 units instead of 1 unit of water. There was no way we could establish now
why he was overcharged; however the change on the municipal records was made 10 years ago. There
was a question as to whether we should refund back 10 years. Attorney Tyler said that this sounded like
a case of negligence on both parts, and the statute of limitations for negligence is 3 years. The Board,
however, decided to refund Dr. Markowitz for the whole 10 years at a cost of $6,252.22. Bolton Point
will reimburse the Village for their share, approximately $4575.
Motion by Trustee Antil
Move to pass Resolution 6148 authorizing repayment of water overcharges to Dr. Markowitz in
the amount of $6252.22.
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES.
Move to adjourn meeting at 10:55 pm.
Trustees Antil, Collyer, McNeil, Mount and Staley voted YES
Respectfully submitted,
Norma R. Manning, Clerk