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HomeMy WebLinkAboutMinutes of Planning Brd and Regular Meeting March 20, 2006.pdf 1 Minutes of Planning Board March 20, 2006 Village of Cayuga Heights Meeting of the Planning Board Present: Mayor Lynn, Trustees Antil, Collyer, McClelland, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Treasurer Silber, Atty. Tyler, Clerk Manning Absent: Trustees Collyer, McNeil and Mount, Supervisor Quick Others Present: Kim Bothe and Danny Wnek, President and Vice President of the Cayuga Heights Fire Company, Roger Segelken, Elizabeth DeProsse, Pat Leary, Dooley Kiefer, Phyllis Kaplan, Frank Santelli of T.G. Miller and later in the meeting, Roger Lampman. At 7:00 pm Mayor Lynn opened the Public Hearing to seek public comments on the SEQRA according to NYCRR 617 for the new phosphorous treatment process addition to the Wastewater Treatment Plant, 951 East Shore Drive. The minutes of the Planning Board meeting of February 21 were reviewed. Motion by Trustee Antil Seconded by Trustee McClelland Move to approve the minutes of the Planning Board of February 21 with corrections as noted. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. Move to adjourn the Public Hearing at 7:10 P.M. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. 2 Minutes of the Board of Trustees March 20, 2006 Village of Cayuga Heights Meeting of the Board of Trustees Present: Mayor Lynn, Trustees Antil, Collyer, McClelland, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Treasurer Silber, Atty. Tyler, Clerk Manning Absent: Trustees Collyer, McNeil and Mount, Supervisor Quick Others Present: Kim Bothe and Danny Wnek, President and Vice President of the Cayuga Heights Fire Company, Roger Segelken, Elizabeth DeProsse, Pat Leary, Dooley Kiefer, Phyllis Kaplan, Frank Santelli of T.G. Miller and later in the meeting, John Lampman. The meeting of the Board was called to order at 7:11 PM. Mayor Lynn introduced the members of the Board and Department Heads seated at the table. ******************************************************************************* At this time, Supt. Cross presented the information on the new phosphorous treatment plant and reported that the clerk had the long SEQRA form for the Board to complete. He reminded the Board that they, as the Board of Trustees, are designated as the lead agency. Elizabeth deProsse said that she thought this sounded like a good idea. Dooley Kiefer asked if there is a plan to monitor the results of the plant. Supt. Cross reported that a report is forthcoming. Mayor Lynn stated that if anyone else has comments, they can be submitted to the Clerk in writing within 30 days from this date. Motion by Trustee Antil Seconded by Trustee Collyer ******************************************************************************* The Mayor asked if anyone in the audience wished to speak at Privilege of the Floor. Elizabeth deProsse spoke on the Senior Tax Exemption policy in the Village. She feels that it is too low, and distributed a chart which shows the Village’s exemption as compared to neighboring municipalities. Mayor Lynn assured Ms. deProsse that the matter will be taken under advisement. Pat Leary introduced herself as a resident of Cayuga Heights, and a member of the Ithaca Town Board. Mayor Lynn reported that he received a phone call from a concerned resident who was unhappy with the School Board’s decision to eliminate some school bus stops. The Mayor said that there was nothing that the Board could do about that. ************************************************************************************ Mayor Lynn asked the Board to approve the minutes of the February meeting. 3 Motion by Trustee Antil Seconded by Trustee McClelland Move to approve the minutes of February 21 with corrections noted. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. Mayor Lynn introduced Roger Segelken, the Village’s represent to the EMC (Environmental Management Council. Mr. Segelken gave a short presentation on the main purpose of the EMC. Report of the Mayor – Mayor Lynn introduced the Notification Policy, which the Village has to adopt per New York State mandate, and asked for a motion to approve. Motion by Trustee Collyer Seconded by Trustee Antil Move to approve the Notification Policy for the Village of Cayuga Heights Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. The Village of Cayuga Heights (VCH) notification policy complies with the New York State Technology Law, Section 208 whereby the VCH will notify an individual when any of his/her “private information” has been acquired without valid authorization. Private Information includes: (1) social security number; (2) driver’s license number or non-driver identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account. “Private information” does not include publicly available information that is lawfully made available to the general public from federal, state or government records. When the VCH becomes aware that private information has been compromised, the VCH will notify the affected individual by one of the following methods and shall provide contract information and description of the information improperly disseminated: (1) Written notice, with proof of transmittal maintained by VCH (2) Telephone notification, with log maintained of the communication by VCH (3) E-mail notice, (if the recipient consents) and a log is maintained thereof by the VCH 4 Upon completion of the notification, the VCH shall notify the following entities of the content and distribution of the notices provided, the approximate number of affected persons, and the nature of the breach and appropriate restoration measures taken: (a) The New York State Cyber Security and Critical Infrastructure Coordination Office (b) The New York Attorney General and the Consumer Protection Board if it was necessary to notify New York residents Mayor Lynn then presented the proposed regulation commencing legal proceedings against Tompkins County regarding fees charged for regulatory services. There was some discussion by Dooley Kiefer on this, as well as Treasurer Silber and Attorney Tyler. Mayor Lynn asked for a motion to approve. Motion by Trustee McClelland Seconded by Trustee Antil Move to approve Resolution 6190 regarding commencement of legal proceedings against Tompkins County regarding fees charged for regulatory services. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (the “Commission”) is charged fees by Tompkins County (the “County”) for regulatory services provided by the County’s Health Department to assure water quality and the Commission’s conformance with applicable water quality and processing laws and regulations; and WHEREAS, until 2003 the annual fee charged for such services was $600; and WHEREAS, the County unilaterally, without consultation with the Commission, increased the fee charged in 2004 to $6730 and in 2005 to $7920, or more than 13 times the amount charged in 2003; and WHEREAS, other smaller water system operators pay fees as little as $120 per year; and WHEREAS, the Commission has been advised that regulatory fees charged by a County need to bear some correlation to the cost of the regulating activities; and WHEREAS, the County has stated that formula for calculating its fee structure is not based upon the cost to the County of providing the services to each class of water system operator, but rather upon the number of customers served by each water system operator; and 5 WHEREAS, the County’s own materials indicated that the cost of providing regulatory services to the Commission is not anywhere near 66 times greater than the cost of providing the service for a small operator, yet the fee charged the Commission is 66 times more than the fee charged smaller operators; and WHEREAS, the Commission has met with County officials and the County Health Department Board and expressed its concern with the fee structure and the illegality and unfairness of the structure, and requested a change in the fees; and WHEREAS, the County has, to date, refused to rectify the inequities and illegalities of the fees being charged and does not show any evidence that it will, in the future, reduce the inequities in its fee structure; and WHEREAS, to date the Commission has refused to pay the charges assessed against it; and WHEREAS, if no action is taken by the Commission, the unpaid charges will continue to accumulate and the Commission’s ability to challenge such charges may become time barred; and WHEREAS, because of the County’s refusal to entertain changes to its fee structure, it appears the only way for the Commission to rectify the situation is to seek a determination of a court as to the legality of the charges assessed by the County; and WHEREAS, the Commission has authorized the Commission’s attorneys to commence a legal proceeding against the County for relief from the County’s fee structure; and WHEREAS, if the fee structure is not altered, this municipality will, through expense deductions in the Commission’s budget, be required to pay its proportionate share of such improper regulatory fees; NOW THEREFORE, IT IS RESOLVED, that this Board concurs with the Commission’s institution of a legal proceeding seeking the alteration of the County fee structure for regulatory services performed by the County for the Commission and authorizes the institution of such a proceeding; and it is further RESOLVED, that the Village of Cayuga Heights join in the suit as a petitioner-plaintiff and authorizes the firm of Barney, Grossman, Dubow & Marcus to represent such municipality in such proceeding; and it is further RESOLVED, that this Board authorizes the Mayor and Clerk to take such further actions, and to sign, individually and on behalf of this municipality, any affidavits, pleadings, or other documents deemed by either of them to be necessary or desirable to prosecute such legal proceeding and to effectuate the intent of the foregoing resolutions. 6 At this time Supt. Cross introduced Frank Santelly of T.G. Miller who spoke for a short time on the water distribution study not yet completed by T.G. Miller. ****************************************************************************** Report of the Police Chief – Both the Police Monthly Report and the Annual Report was presented and is on file. Chief Lansing asked the Board to pass a resolution hiring another part time police officer. Motion by Trustee Antil Seconded by Trustee McClelland Move to approve Resolution 6191 as follows: Whereas the Village of Cayuga Heights Police Department has part-time positions available on the books with Tompkins County Personnel, and Whereas there has been difficulty being able to fill all necessary shifts during the course of the year, and Whereas the Town of Ithaca may be requesting an officer to stand by in their Town Court, Therefore, the Board of Trustees authorizes the Police Chief to hire David Buck as a part-time police officer with the Village of Cayuga Heights, guaranteeing his availability to fill shifts when needed. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. At this time, Treasurer Silber reported on discussions between the Town of Ithaca and the Village of Cayuga Heights for one of our police officers’ to stand as a court officer during the Wednesday night Town Court sessions. A full report including a contract will be discussed at a forthcoming meeting. Chief Lansing then asked for a resolution to purchase a new vehicle for the police department. Motion by Trustee Collyer Seconded by Trustee Antil Move to approve Resolution 6192 as follows: Whereas it has always been up to the discretion of the Chief of Police to purchase vehicles on a timely basis as to avoid high mileage which contributes to high maintenance costs, and Whereas the current vehicle #124, a 2004 Chevrolet Impala, has been in service since August 2004; Therefore the Board of Trustees authorizes the Chief of Police to place an order for a 2006 Dodge Charger to replace the 2004 Chevrolet before April 17, which is the build- out date set by the manufacturer. This vehicle will be delivered after June 1, 2006. 7 Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. ******************************************************************************************* Report of the Fire Superintendent – The fire report was presented and is on file. Supt. Tamborelle introduced both Danny Wnek, President of the Cayuga Heights Fire Company, and Kim Bothi, Vice President. Danny presented a report on the difference between the Fire Department and the Fire Company. ******************************************************************************************* There was no report of the Working Supervisor, as he was absent. ******************************************************************************************* Supt. of Public Works – Supt. Cross, in his capacity as Zoning Officer, presented the following report on the Stormwater Coalition of Tompkins County. In 2003, the NYSDEC issued new permit requirements regulating stormwater management and administration as required by USEPA Phase II Stormwater Regulations. The new permit requires that small Municipalities with Separate Storm Sewer Systems (MS4), including the Village, to implement a 5 year plan to develop the legal and administrative program structure. You may recall that I have to prepare a lengthy annual report to document the Village’s progress on implementation of this program. Since the beginning (2003), staff members from all of the surrounding MS4’s within Tompkins County have been meeting on a regular basis to work on developing the necessary documentation of each municipalities programs. This group has been very helpful in providing the Village with required training opportunities and other permit compliance assistance. The group has unofficially acted as the ”Stormwater Working Group”. This group has been active in preparing grant applications and providing training opportunities to the municipal staff/officials as required by the permit. Since the grants and training involve the act of receiving and spending public funds, it has been recommended that the group be given a formal structure and receive endorsement from the participating municipalities. Therefore, to address this recommendation, the Tompkins County Planning Department has drafted a Memorandum of Agreement (MOA) to Create the Stormwater Coalition of Tompkins County. Zoning Officer Cross is recommending that the Village endorses the coalition and authorize the Mayor to sign the MOA. Motion by Trustee McClelland Seconded by Trustee Antil Move to approve Resolution 6193 Endorsing The Stormwater Coalition of Tompkins County and Sign Memorandum of Agreement. Whereas, the Village of Cayuga Heights is a MS4 as designated by the NYSDEC SPDES GP-02-02 (Permit), which requires the Village to meet specific administrative and legal programs to address stormwater management, and 8 Whereas, a Memorandum of Agreement has been drafted to create the Stormwater Coalition of Tompkins County to provide guidance and assistance in compliance with the Permit regulations, and now Therefore, the Village of Cayuga Heights Board of Trustees hereby endorses the Stormwater Coalition of Tompkins County and authorizes the Mayor to sign the Memorandum of Agreement, and Therefore, the Trustees hereby appoint the Village Engineer to represent the Village on Coalition activities, and Therefore, the Trustees agree to provide financial support of $1500 for the current year for Coalition activities. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. The final version of the Memorandum of Understanding will be sent to Attorney Tyler for his review before it is signed by the Mayor. Supt. Cross then introduced John Lampman, Tompkins County Engineer involved in the project for the reconstruction of Hanshaw Road from the Village line to the Sapsucker Woods area. Mr. Lampman gave an overview of the status of the project at this time. There has been much discussion on whether or not the County would build, as part of its project, a sidewalk in the Town, and then would that sidewalk connect with the Village’s sidewalk. There is still some number of the public against the sidewalk. There still has to be a public hearing on the issue and the D.O.T. needs to give their comments and feedback on the project. Two options – just build a walkway along the north side of the road and keeping the road as it is, which would involve a retaining wall…cost is high ($350,000). Second option is moving the road a couple feet on the curve to allow enough space for the walkway without having to build a retaining wall…cost are less. Right of way acquisition either way on both sides of the road. Project cost - $233,000 (second option). Federal Government would pay 80% of this cost. Road would have to be rebuilt almost down to the intersection with Pleasant Grove Road. There would potentially be another layer of state funding. The County might need to work at other County projects to look at funding. 80% Federal share, 15% State share, 5% local share. What would be asked is that the Village accepts the 5% local share. If the State share doesn’t come in, the town and village would share the 20% cost. These figures could change with a lot of variables….water relocation, who does the actual work. It is hard to say at this time what could happen. The reason for this report was because there has been a lot of information being filtered out. There is nothing to be decided at this meeting. The Mayor has issued his statement of support to the Town of Ithaca that the Village would make a commitment to the project if it comes to fruition. A project option cost sheet was distributed to the Trustees and will become a part of these minutes. Supt. Cross asked when the Village would find out if it had to pay the 5% or the 20%. Lampman answered very soon. Supt. Cross stated that this project will come before the Transportation Council via a TIP amendment. This would be a very open and public process which Supt. Cross would bring before the Board. There would probably have to be some sort of agreement between the Town, County and Village. Dooley Kiefer gave a brief background of the work that was done by the County bringing the project to this point. On behalf of the Village, Mayor Lynn has taken a positive approach to this project. Supt Cross will be working with Lampman on some of the issues that were discussed. Mayor Lynn 9 thanked Mr. Lampman for his report and will await more information. Will the Village obtain a set of plans for the Village’s part of the project? Yes, but they aren’t completed yet. Supt Cross had one last item to finish. In December the Village was supposed to affirm our interest in our participation in the Tompkins County Alcohol Testing Program. The Board to authorized the Mayor to sign a statement to that point. ************************************************************************************ Report of the Treasurer – Report was distributed and is on file. The Treasurer asked for a Resolution to approve the transfers. Motion by Trustee Antil Seconded by Trustee Collyer Move to approve Resolution 6194 approving the transfers and appropriations listed below: From: To: Amount A01990.400 Contingency A01325.410 Treasurer Contr Exp $2,500 A08160.100 Refuse Personal Services A01640.100 Central Garage Pers Serv 10,000 A08160.100 Refuse Personal Services A01640.150 Central Garage Pers Serv-OT 1,000 A03410.430 Fire Dept Insurance A03410.440 Fire Dept Utilities 10,000 A03410.430 Fire Dept Insurance A03410.490 Fire Dept Eqpt Maint 5,000 A01990.400 Contingency A03620.400 NYSUFPBC Contr Exp 100 A05142.100 Snow Pers Services A05110.100 Streets Pers Serv 10,000 A05142.100 Snow Pers Services A05142.100 Snow Pers Services – OT 5,000 A05142.410 Snow Contr Exp A05142.490 Snow Eqpt Maint 600 A01990.400 Contingency A08020.420 Planning: Cell Tower 6,100 A08160.100 Refuse Personal Services A08160.150 Refuse Personal Serv – OT 200 A08160.410 Refuse Contr Exp A08160.490 Refuse Eqpt Maint 1,800 Water Fund Balance F08350.410 Water Contr Exp 10,000 G01990.400 Sewer Contingency G08120.100 Sewer Lines Pers Svc 10,000 G01990.400 Sewer Contingency G08120.150 Sewer Lines Pers Svc – OT 100 Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. Department heads need to monitor their accounts. While there are only two months remaining in the year, bills for this year will continue to be paid until July, and many accounts are nearly exhausted. The Board should grant prior approval if acquisitions are necessary and funds unavailable. Motion by Trustee Antil 10 Seconded by Trustee McClelland Move to approve Resolution 6195 approving the Abstract of Vouchers dated 3/20/06 in the amount of $157,540.18. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes. There was discussion of the Tentative Budget, and the Treasurer filed it with Clerk for presentation to Board and discussion with the Board. There was discussion on raising the salary of the Mayor. Motion by Trustee Antil Seconded by Trustee McClelland Move to raise the salary of the Mayor for the 2007 fiscal year by 10%. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes ************************************************************************************ Report of the Attorney – Discussion on the Solicitation Law which was earlier tabled to this meeting will have to be postponed again. The Verizon Wireless Bond has been received. Corrections are currently being made. ************************************************************************************ Report of the Clerk – Clerk Manning reported on a proposed modification to the Court Clerk position. Motion by Trustee Antil Seconded by Trustee McClelland Resolution 6196 ~ Whereas, it has been determined that the time required to carry out the duties of the Court Clerk cannot be accomplished within the current 35 hours bi-weekly pay period, and Whereas, the Village Justice and the Village Clerk have reviewed the range of duties and responsibilities of the Court Clerk and recommended modification of the terms of appointment for that position; and Whereas, the Tompkins County Civil Service Office has reviewed this situation and suggested adjusting the terms of this part-time appointment to a full-time exempt position; Therefore be it resolved, that the Trustees approve the existing Court Clerk position be modified to become a full-time exempt position, and 11 Further, that this position will be for 46 hours per pay period, except that under rare and unusual circumstances can be extended for an additional 5 hours per pay period with the prior approval of the Court Justice, and Further that while this exempt position does not provide fringe benefits, it will permit the Court Clerk to participate in the New York State Retirement Plan. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes Mayor Lynn presented a resolution thanking the two outgoing Trustees, Peter McClelland and Susan McNeil for their time spent on the Board of Trustees. He also reported that Mr. McClelland will be returning to the Zoning Board for the Village. Motion by Trustee Antil Seconded by Trustee Mount Voted to Approve Resolution 6197 on Behalf of the Departing Trustees. Whereas Trustees Susan McNeil and Peter McClelland decided to forego the pleasure of continuing to serve the people of the Village of Cayuga Heights as Village Trustees, and Whereas their many thoughtful and helpful contributions to the Village have greatly enhanced the efforts of the Board of Trustees, and Whereas we regret their decision not to continue, we respect their wishes and join in thanking them for their willingness, devotion and commitment to the Village of Cayuga Heights, Therefore be it resolved that the Trustees herewith acknowledge their contributions and efforts and express our sincere thanks on behalf of all the residents of the Village. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes Clerk Manning reported that a letter was received from the Board of Elections stating that in December of 2005, the Tompkins County Legislature voted to pay inspectors $100.00 for working a Noon to 9 PM election. The Board of Elections is encouraging the local municipalities to pay their inspectors the same rate that they are paid for other elections. Therefore, the Clerk asked the Board to pass a resolution approving the change of pay for the election inspectors. Motion by Trustee McClelland Seconded by Trutee Collyer Moved to pass Resolution 6198 Approving the Payment of $100 to the Election Inspectors for the Annual Village Elections. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes 12 The Clerk thanked all who donated to the memorial fund for Les Goehner. The donations were sent to both the S.P.C.A. and the Junior Shooters of the Community Conservation Club of Odessa. Thank you to the Fire Company for putting a notice of the Village elections up on the sign board in front of the Fire Station. The planned presentation by QPK Designs has been re-scheduled for April 17. ************************************************************************************ Supt. Cross reminded the Board that part 2 of the long SEQRA form will need to be completed. A decision on the date that this will be done will be decided at the April 17 meeting of the Board of Trustees. Motion by Trustee Antil Move to enter Executive Session at 10:13 P.M. to discuss litigation matters with Counsel. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes ******************************** Motion by Trustee Antil Move to come out of Executive Session at 10:34 P.M. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes ******************************* Motion by Trustee Antil Seconded by Trustee Collyer Motion to authorize the Mayor to sign the Stipulation and Settlement Agreement as presented on March 20 or the same in substantially the same form, i.e. no substantive change. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes Mayor Lynn will notify John Barney and the Commission that this motion has been passed. Motion by Trustee Collyer Move to adjourn at 10:37 P.M. Mayor Lynn and Trustees Antil, Collyer and McClelland, VOTED Yes Norma R. Manning Clerk 13