HomeMy WebLinkAboutMinutes of the Regular Meeting July 21 2008.pdf 1
MINUTES
Village of Cayuga Heights
Board of Trustee Meeting
July 21, 2008
Cayuga Heights Fire Station
Trustees Present: Ron Bors, David Donner, Diana Riesman, Frank Collyer
Trustee Excused: Ann Antil and Roy Staley
Mayor Present: James Gilmore
Other Officials Present: Jeffrey Silber, Brent Cross, Elena Flash, George Tamborelle,
Thomas Boyce, Jeffrey Frisbie and Mary Jane Neff
Guests: Jerry Hook, Stearns & Wheler; Chris Anagnost, Mindy Midlin, Wies VanLeuken,
Sarah Hatcher, Andrew Sternglass, Elizabeth Mount, Sally Grubb, Anita Watkins, Linda
Bors, Ron Schmidt and Carol Felton-Schmidt
The meeting was called to order at 7:03 PM by Mayor Gilmore.
The minutes of June 9, 2008 were presented. A question was asked if Planning Board
minutes could be approved at a Board of Trustees meeting. Attorney Flash stated that
they could approve Planning Board minutes since the Board of Trustees serves as the
Planning Board.
On a motion by Trustee Collyer, seconded by Trustee Bors the following was
unanimously passed:
RESOLUTION NO. 6362
APPROVE PLANNING BOARD MINUTES OF JUNE 9, 2008
RESOLVED, that the minutes of June 9, 2008 Planning Board are
hereby accepted with the adding of the absent trustee, Roy Staley.
Trustees Bors, Collyer, Donner and Riesman APPROVED.
The minutes of June 16, 2008 Board of Trustees was presented. Trustee Bors stated
that he had given some spelling and insignificant word changes to the Clerk.
RESOLUTION NO. 6363
APPROVE BOARD OF TRUSTEES MEETING MINUTES OF
JUNE 16, 2008
RESOLVED, that the minutes of June 16. 2008 are hereby accepted
with Trustee Bors’ corrections.
Trustees Bors, Collyer, Donner and Riesman APPROVED.
Engineer Cross introduced Jerry Hook of Stearns & Wheler. Mr. Hook gave an overview
of the bid results for Wastewater Treatment Plant’s Phosphorus Treatment Project. The
low bidders were as follows:
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General Contract had four bidders. The lowest Bid was from C.O. Falter Construction
Corporation, 403 West Bear Street, Syracuse, New York 13204. The bid was
$1,647,101.
Electrical Contract had three bidders. The lowest bid was from Matco Electric
Corporation, 320 North Jensen Road, Vestal, New York 13850. The bid was $179,000.
Heating & Ventilating Contract had two bidders. The lowest bid was from Climate
Control Technologies, Inc. 33 Brookside Ave., Endwell, New York 13760. The bid was
$64,590.
Plumbing Contract had one bidder. The bidder was King and King Mechanical, Inc. 16
Fairway Drive, Auburn, New York 13021. The bid was $27,900.
Mr. Hook stated that Stearns & Wheler has examined the bid documents and found
them to be in order; they have contacted the bidders’ references and find that the
bidders are knowledgeable and capable to complete the project per the specifications.
Jerry Hook on behalf of Stearns & Wheler recommends that the Village accept the bids
of the lowest bidders and the only bidder for its Wastewater Treatment Plant Phosphorus
Removal Upgrade Project.
Mr. Hook explained that they had negotiated a price with the manufacturer of the cloth
media filter system. This system is designed to treat from 2 million gallons per day to 5
million gallons per day.
Trustee Bors asked about one of the recommended contractor’s performances. Jerry
Hook stated that it was a concern, but they had discovered that there were some
problems with the other contractors on that project.
Mindy Midlin asked if performance bonds or guarantees were required by the contracts.
Mr. Hook responded that they were required in the contracts.
There being no more comments or questions Mayor Gilmore thanked Mr. Hook for the
presentation and recommendation.
Mayor Gilmore opened the meeting to “privilege of the floor”. Mindy Midlin thanked
Trustee Bors for being prepared for the meetings. She asked if the environmental test
results had been received for the Ciaschi project and if the results have been received
would they be put on the village website. Engineer Cross responded that the test results
had been received, but since they were provided to the contractor and not the Village
that he would have to check to see if it was a document that the Village could publish on
its website. There was a discussion about the costs involved with putting a document
that size on the website. The consensus of the Board was that they would look into the
legality of putting the document on the Village website and at least put a notice on the
website that it has been received and is available at the Engineer’s office for review.
Sally Grubb asked about the cost of maintaining the website. Mayor Gilmore responded
that he thought it was about $80 per hour and that the Village needs to prioritize what is
available on the Village’s website. He also stated that Trustee Riesman and Clerk
Manning will review when Clerk Manning returns from vacation.
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Elizabeth Mount asked about the deer committee. Trustee Donner responded that a
committee had not been formed yet, but that the Board is discussing the formation of the
committee, who should serve on the committee and what the committee will be asked to
do. Anita Watkins stated that Cornell University had done numerous studies and had
collected lots of data. They would be the best source of information for the Village.
The monthly report of the Fire Department was presented by Chief Tamborelle and he
was available for any questions. Chief Tamborelle updated the Board on the new 900
megahertz radio system that the County is implementing. All the radios have been
received and the mobile radios will be installed in the trucks tomorrow. He also reported
that the new system provides clear transmission from almost anyplace in New York
State and that it is planned to come on line throughout Tompkins County over the next
two months. Mayor Gilmore excused Chief Tamborelle from the meeting.
Mayor Gilmore gave the Mayor’s Report as follows:
A few Cornell employees have approached the Village about a bike lane on
Pleasant Grove Road. The cost of the project could be between $60,000 and $120,000
depending on whether the bike lane is 3-feet wide or 5-feet wide. Since Pleasant Grove
Road is the planned capital road project this year it is possible to have a 3-foot bike lane
without the requirement of additional engineer work. Funding is the main issue and if
Cornell University agrees to using their grant funds for a bike lane on Pleasant Grove
Road and if the funding is available soon so that the project can be completed in this
construction year, then a 3-foot bike lane will be constructed during the reconstruction of
Pleasant Grove Road.
Trustee Antil asked the Mayor if the Village space planning efforts could be
reintroduced. The Village did a study one or two years ago and another one was done
in 2005. Mayor Gilmore reported that the plans will be reviewed and that a discussion
will be done at a future meeting.
Mayor Gilmore reported that the trim on Village hall had been painted and some
minor carpenter work had been done. He also reported that the roof had been examined
by a contractor who indicated that the Village Hall roof was in need of repairs. The
contractor estimated that it would cost approximately $33,000. Mayor Gilmore stated
that a project of that size will need to be bid.
Mayor Gilmore reported that due to the recent heavy rainfalls he had been
requested to look at a property on East Upland Road. He reported that he had met with
Engineer Cross and Assistant Superintendent of Public Works Frisbie to look at the
problem. Engineer Cross explained that this has been an ongoing problem which
became a major concern with the residents during the public hearings on the Mecenas-
Ciaschi subdivision. The Board of Trustees had approved up to $10,000 for an engineer
study on the drainage issue in that area. Engineer Cross stated that he had reviewed
the area about a year ago and had found that drainage pipe under the driveway at 400
East Upland Road was only 18” and the pipe going into that driveway pipe is 24”. This
could be the cause of the flooding during a heavy rainfall. Mr. Cross further stated that
he had sent a letter to the owner that the Village would replace the driveway pipe if the
owner would buy the pipe. He has not heard back from the owner. He also reported
that his investigation showed that the marsh area behind 400 East Upland Road was
filling in and could not store the volume of water created during a heavy rainfall. A
discussion followed on possible changes that the Village could do. Attorney Flash
reminded the Board that they cannot use tax payer money to improve a personal
property. Therefore they could not dredge the marsh area to create a larger storage
area and the Village could not replace the driveway pipe at no cost since the Village
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requires the owners to buy the pipe with the Village to install. The Village will continue to
work on a drainage plan for that area. Engineer Cross also stated that the Upland Road
Subdivision will neither alleviate nor elevate the drainage problem in that area of East
Upland Road.
Last the Mayor presented the resolution to approve the Cable Access budget for
2008-2009. Mayor Gilmore introduced Weis VanLeuken, the Village representative to
Tompkins County Cable Commission. Ms. VanLeuken stated that she would answer
any questions that the Village board and audience may have regarding the proposed
budget. Mayor Gilmore explained that the Village’s part of the cost for the operation of
the Cable Access is one of the amounts on the residents’ cable bill. No funds are
appropriated from the Village’s budget.
On a motion by Trustee Bors, seconded by Trustee Collyer, the following was
unanimously passed:
RESOLUTION NO. 6364
APPROVE THE TIME WARNER CABLE AND VILLAGE OF CAYUGA HEIGHTS
CABLE ACCESS BUDET – 2008-2009
Whereas the Franchise Agreement between Time Warner Entertainment, the City of
Ithaca and the Village of Cayuga Heights signed in 2003 authorizes Time Warner
Entertainment to collect $0.15 per subscriber per month to be used for the purchase
of equipment for the PEG Access Studio; and
Whereas the total capital budget for the life of the ten-year agreement was estimated
to be $200,000;
Whereas the Franchise Agreement outlines the creation of an Access Oversight
Committee which shall be responsible for approving the timing, use and amount of
PEG access equipment acquired each year over the term of the agreement; and
Whereas the Access Oversight Committee has approved a 2009 capital budget in
the amount of $19,800; and
Whereas the Franchise Agreement states that participating municipalities, including
the Village of Cayuga Heights, must adopt the annual PEG Access Studio budget by
June 30 of the preceding year; now therefore be it
Resolved that the Village of Cayuga Heights adopts the 2009 PEG Access Studio
budget in the amount of $19,800 as approved by the Access Oversight Committee,
and
IT IS HERBY FURTHER RESOLVED, that the Village of Cayuga Heights is not
liable for additional expenses beyond its prorated portion of the existing $.015 charge
per month per subscriber, whereby the $19,800 will be deducted from all
participating municipalities’ share, and
FURTHER RESOLVED, that the Mayor is hereby authorized to sign this resolution
on behalf of the residents of the Village of Cayuga Heights.
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Trustee Donner requested that Trustee Riesman be added to the Public Safety Committee.
The Board so approved.
Attorney Flash stated that she did not have anything to report this evening.
Deputy Clerk Neff reported on behalf of Clerk Manning who is on vacation. She
requested permission to register, pay for the registration fee and to pay mileage for
Planning Board members and Zoning Board of Appeal members that want to attend
training that will meet his or her training requirement. The board discussed and would
like the opportunity to approve overnight travel, but day trips would not need approval for
individual members.
On a motion by Trustee Bors, seconded by Trustee Riesman the following was
unanimously passed:
RESOLUTION NO. 6365
APPROVE TRAINING COSTS FOR DAY ATTENDANCE AT TRAINING CLASSES
THAT WILL MEET THE TRAINING REQUIREMENTS OF THE PLANNING AND
ZONING BOARD MEMBERS
RESOLVED, that the Clerk is hereby authorized to register Planning and
Zoning Board members at training classes that do not require overnight
accommodations, and
BE IT FURTHER RESOLVED, that the Village of Cayuga Heights will pay
the registration fee and mileage at the IRS mileage rate.
Chief Boyce presented the Police report for the month of June 2008 and gave an
overview of the department’s activity.
Chief Boyce informed the Board that the new police car was here and that it would be
put in service later this week. The Board discussed with him the plan for the old vehicle.
Chief Boyce stated that the car will need to be put out for sale. The Board asked why it
couldn’t be done at this time. Chief Boyce stated that the radios and other equipment
were in the process of being changed over and that the decals need to be removed
before it can be sold.
On a motion by Trustee Donner, seconded by Mayor Gilmore, the following was
unanimously passed:
RESOLUTION NO.6366
DECLARING THE 2006 DODGE POLICE CAR TO BE EXCESS EQUIPMENT AND TO
AUTHORIZE THE SALE
RESOLVED, that the 2006 Dodge police car is hereby declared to be
excess equipment, and
FURTHER RESOLVE, that Chief Board is authorized to advertise for the
sale of the vehicle and bid opening for the vehicle on a date and at a time
to be determined by him.
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Assistant Superintendent of Public Works Frisbie presented the report for the
Department of Public Works. He explained that this is the time of the year for the
majority of the Village’s road work. Two to three crews are working daily on completing
the scheduled road work. He asked for permission to close Pleasant Grove Road for
three to four days for the replacement of the drainage pipe. He also asked where the
bike lane stood with Cornell University.
It was the consensus of the Board to authorize the closing of the village’s portion of
Pleasant Grove Road for the replacement of the drainage pipe and that the project
should be scheduled so that it may be completed in this construction season.
Engineer Cross and Assistant Public Works Supervisor Frisbie was requested to get the
work schedule made and if Cornell agrees to pay for the bike lane soon the
modifications can be made prior to the paving of Pleasant Grove Road.
Assistant Public Works Supervisor Frisbie stated that he had received the
resignation/retirement letter from Dave Lanning effective July 13, 2008.
RESOLUTION NO.6367
ACCEPTED DAVID LANNING’S RESIGNATION
RESOLVED, that the resignation of David Lanning effective 7/13/08 is
hereby
accepted.
Trustees Bors, Collyer, Donner and Riesman APPROVED.
Assistant Public Works Supervisor Frisbie also stated that while they were interviewing
for the laborer position created by the resignation of Glenn Barrows and promotion of
Rich Arsenault, they had selected two applicants because they knew that Dave was
going to retire soon. It was a little sooner than anticipated. He would like to recommend
Timothy Diller for the vacant Laborer’s position. The Board thanked him for thinking
forward which saved the Village the advertising costs.
RESOLUTION NO.6368
APPROVE THE HIRING OF TIMOTHY DILLER TO FILL THE LABORER’S POSITION
VACATED BY DAVID LANNING
RESOVED, that Timothy Diller is hereby appointed to fill the position
of Laborer at the Teamster’s contract rate of $11.41 per hour, plus
the $.50 per hour Village Health plan, and
BE IT FURTHER RESOLVED, that Timothy Diller’s start date will be
July 22, 2008, and
IT IS FURTHER RESOLVED, that this appointment is subject to a
probationary period of one year.
Trustees Bors, Collyer, Donner and Riesman APPROVED.
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Engineer Cross presented the proposed resolution to award the contracts for the
Phosphorus upgrade project at the wastewater treatment plant (WWPT). The Board
asked about the funding. Treasurer Silber explained that one million dollars would come
from a NYS grant and that one plus/minus million would have to be borrowed.
On a motion by Trustee Bors, seconded by Trustee Collyer the following was
unanimously passed:
RESOLUTION NO.6369
AUTHORIZE THE ENGINEERS TO PREPARE THE CONTRACT DOCUMENTS AND
AUTHORIZE THE MAYOR TO SIGN THE CONTRACTS
FOR THE CONSTRUCTION OF A TERTIARY PHOSPHORUS REMOVAL UPGRADE
AT THE WWTP
WHEREAS, the Village hired Stearns and Wheler to prepare
Construction documents for the new phosphorus removal
Project at the WWTP, and
WHEREAS, the plans and specification were duly advertised,
and separate bids were received for General, Electrical, Heating
and Ventilation, and Plumbing contract, and
WHEREAS, Stearns & Wheler has reviewed the bids, and has
recommended that the Village enter into contracts with the low bidders,
and
WHEREAS, the total of all the low bids are within the previously approved
budget and bonding for this project, and now
THEREFORE RESOLVE, that the Trustees hereby instruct Stearns &
Wheler to prepare contracts for each of the separate construction
contractors as follows:
1. General Construction Contract with C.O. Falter Construction
Corporation for $1,647,101.
2. Electrical Contract with Matco Electric Corporation for $179,000
3. Heating and Ventilation Contract with Climate Control
Technologies, Inc. for $64,590.
4. Plumbing Contract with King & King Mechanical, Inc. for $27,000
And
THEREFORE BE IT FUTHER RESOLVED, that the Trustees hereby
authorize the Mayor to sign each contract, upon review by the Village
Attorney.
Engineer Cross explained that the Village WWTP is required to renew its SPEDES
permit every 5 years and that annually the Village provides a report on the daily, weekly
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and monthly tests which shows what the WWTP needs to treat. The Federal
Environmental Protection Agency (EPA) is implementing a change where they are
reviewing the testing every 10 years to determine if the testing process needs changing.
The Village was selected for additional testing this year and some of the test will cost up
to $2,000. He also reported that the test results are being forwarded to Stearns &
Wheler to anticipate new EPA testing requirements. He will keep the Board updated on
the findings, etc.
At the Board’s last meeting, Engineer Cross had offered to study the traffic flow at the
intersection of Hanshaw, Triphammer and Pleasant Grove Road, to determine what is
needed, and how to improve the traffic flow at that intersection especially during peak
traffic times. He reported that he is working on it and that he should have a presentation
for the next Trustees’ meeting.
Engineer Cross discussed with the Board the status of Pleasant Grove Road. It was the
consensus of the Board to authorize the Department of Public Works to go forward with
the Pleasant Grove Road project.
Treasurer Silber reported that he will be working in the office later this week to work on
the year end closing process, to work on the financing options for the WWTP project and
to work on replacing the computers per the Villages 3-year cycle. He also reported that
he had ordered a new printer, fax and copier for the police department which is similar to
the printer, fax, copier that is in the Clerk’s office. He also reported that he was following
up on several items to determine if there was a way to reduce costs. Lastly, Treasurer
Silber presented the July Abstract to the Board. He noted that there were two changes
in the draft abstract. One is O’Hara’s total should be $50.58 more and that Professional
Underwriters total should be $1,468.70 more. This changes the total amount of the July
2008 Abstract to $174,653.86.
On a motion by Trustee Bors, seconded byTrustee Collyer the following was
unanimously passed:
RESOLUTION NO.6370
AUTHORIZE THE TREASURER TO PAY THE INVOICES LISTED ON THE JULY 2008
ABSTRACT
RESOLVE, that the Treasurer is hereby authorized to
pay the invoices listed on July 2008 abstract totaling
$174,653.86.
Trustee Donner requested and the Board so agreed that the following memoriam
be entered into the minutes:
IN MEMORY OF MARIAN KIRA
Marian Kira, a nine-term member of this Board, died in Dover, Delaware
on May 12 of this year. Some of us will remember her gracious, welcoming
and helpful presence on this Board and in other community activities. She
was a long-time Chairwoman of the Village’s Public Safety Committee and
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her service to the Cayuga Heights Fire Department is memorialized on the
bronze plaque at the entrance of the Fire Station.
I, David Donner, along with many others in our community, will miss her.
The Mayor requested an executive session to discuss compensation, employment
package, and qualifications of our current and applicant lawyers to represent the Village.
The Mayor excused the Deputy Clerk and the Department Heads for the remainder of
the meeting. The meeting will be reconvene and then adjourn.
On a motion by Trustee Bors, seconded by Trustee Donner the following was
unanimously passed:
RESOLUTION NO.6371
MOVE AT 9:32 PM TO ENTER INTO EXECUTIVE SESSION TO DISCUSS
COMPENSATION, EMPLOYMENT PACKAGE, AND QUALIFICATIONS OF OUR
CURRENT AND APPLICANT LAWYERS TO REPRESENT THE VILLAGE.
On a motion by Mayor Gilmore, seconded by Trustee Donner the following was
unanimously passed:
MOTION TO MOVE OUT OF EXECUTIVE SESSION AT 10:01 PM AND REOPEN THE
REGULAR MEETING OF THE BOARD OF TRUSTEES.
MOTION BY TRUSTEE BORS
SECONDED BY TRUSTEE COLLYER
MOTION TO PASS RESOLUTION 6372 APPOINTING RANDY MARCUS AND
BARNEY, GROSSMAN, DUBOW AND MARCUS AS NEW GENERAL COUNSEL FOR
THE VILLAGE OF CAYUGA HEIGHTS EFFECTIVE 9/1/08-8/31/09.
The Board’s primary conclusion was that Randy Marcus and his firm provided very
significant municipal law experience, very competitive hourly rates, and their willingness
to support the village’s decision to switch from a retainer to an hourly fee system was
noted. The Board further concluded that Miller Mayer’s Atty. Laurie Johnston would
continue until further notice as the Village Labor Relations Attorney on an hourly as
needed basis. Trustee Collyer commented how nowadays it seems lawyers have
become so much more involved in Village trustee work than in years past. Trustees
Donner and Bors emphasized the desire to try an hourly fee system vs. a retainer with
the hopes of lowering our costs over the next year. Trustee Riesman commented that
she could support the recommendation of Randy Marcus, but wished to point out that
Elena Flash of Miller Mayer had really stepped up and was especially helpful during the
transition period since the March election and the Community Party’s desire to no longer
work with David Tyler.
Trustees Bors, Collyer, Donner and Riesman APPROVED
MOTION BY TRUSTEE RIESMAN
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MOVE TO ADJOURN THE MEETING AT 10:12 PM.
Trustees Bors, Collyer, Donner and Riesman APPROVED
Respectfully submitted
Mary Jane Neff, Deputy Clerk