HomeMy WebLinkAboutMinutes of the Board Meeting December 21, 2009.pdf
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Minutes of the Board of Trustees December 21, 2009
Village of Cayuga Heights
Meeting of the Board of Trustees
Present: Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely,
Attorney Marcus, Supt. Cross, Fire Supt. Tamborelle, Clerk Manning
Others: Sarah Hatcher, Mindy Mindlin, Lee Donner, Linda Bors, Tomo Shibata, Scott Teel
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The meeting was called to order at 7:00 pm by Mayor Gilmore.
The minutes of November 16, 2009 were then presented for approval.
Motion by Trustee Bors
Seconded by Trustee Donner
Move to approve the minutes of November 16, 2009 as amended.
Mayor Gilmore, Trustees Andolina Bors, Donner, Riesman, Supron and Szekely
Voted YES.
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After introductions by the Board, the Mayor opened Privilege of the Floor.
The Mayor reminded the public of the rules about Privilege of the Floor…..that each person is
limited to 2 minutes, total POF is 30 minutes, and Cayuga Heights residents will speak first.
Mindy Mindlin – hopes that the 5 open positions for this March’s election will be listed in the
next issue of The Courier. Also would like to see the minutes section of the website brought up
to date.
Peter Bottorf – happy to see the Planning Board report at this meeting. He had an opportunity
to attend the PB meeting when the presentation was given by the CRP students and was
disturbed at their plans for the Village that they presented, especially the plan where the homes
on N. Triphammer Rd. were turned into rental property.
Tomo Shibata – spoke on Cyber-bullying
Scott Teal – How does the Village gauge opinions on the deer issue? He is willing to debate
others on the subject. Would like to be contacted to set something up.
Angie Baker – Would like the Village to use forward thinking and progressiveness instead of
shooting. If a shooter misses his mark, the deer are horribly maimed. Consider an alternative
method.
End of Privilege of the Floor at 7:15 PM.
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Fire Supt. Report – Report on File –Busy month. Discussion on 2 fires in the Village. Trustee
Bors asked about the engine replacement in the 1998 p/u truck (Fire truck #243) Should
maintenance procedures be changed? Supt. Tamborelle assured him that he is on top of
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maintenance on all fire vehicles. Trustee Andolina asked about the training class in the spring.
Will it be smaller? There are presently 50 members.
Supt. Tamborelle explained that the department has run one officer short (#264) for many
years. Lt. Joe Lisi recently moved out of the station. He was a bunker for many years, and the
rules state that no bunker will hold an officer position. He is now eligible to become an officer.
The Fire Company recently voted Joe into the position of #264. This was approved by the Fire
Council. Joe has been bunker for 6 years, a lieutenant for 7 years, and a member of the Cayuga
Heights Fire Dept. for 8 years. He is well qualified for the position and is an asset to the
department. Tamborelle asked that the following resolution be moved and passed.
Motion by Trustee Donner
Seconded by Trustee Szekely
Approve Resolution 659010 approving the appointment of Joe Lisi to Assistant Chief,
Cayuga Heights Fire Department position #264, elected by the members of the Cayuga
Heights Fire Company and approved by the Fire Council of the Cayuga Heights Fire
Department.
Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES.
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The Mayor then introduced Martin Harms, Planning Board Chairman. Chmn. Harms spoke
briefly on the work the PB has been doing over the past few months. He will come to the
evening board meeting every month or so to present updates to the Board. His main reason for
speaking at this meeting, however, was to request funding from the Board for the
Comprehensive Plan. The money spent on the Comprehensive Plan will be a long term
investment in the Cayuga Heights community. Chmn. Harms then elaborated on the following
topics - (from his handout presented as printed below)
What the Planning Board has done so far.
1. The “what and “why” of co mprehensive planning
2. What’s in a comprehensive plan?
The Planning Board has spent some time in reviewing in detail what should be included in the Plan and
how to go about the process involved in its development and completion. These are the phases w e
anticipate:
Data Gathering and Analysis:
Assemble an inventory of the village’s existing physical, economic and social conditions from a
variety of sources including county-held statistical data, GIS maps etc, followed by an assessment of
those conditions. Review and evaluate existing village laws, codes and zoning ordinances as these may
affect positively or negatively the future of the community. Interview members of village boards, staff
and departments
Public Participation:
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Design, conduct and evaluate a phone or mail survey of residents’ opinions about a
range of issues impacting the present and future condition of the village. Hold a public visioning event
including break out focus groups to address specific areas (e.g. transportation). Conduct a
design “charrette” to establish alternative strategies for re -vitalizing the Community Corners
commercial and civic center area.
Vision, Goals and Objectives
Establish a set of plan visions, goals and objectives based on the analyses involved in
the foregoing steps
Plan Draft
Preliminary draft of plan alternatives followed by assessment and draft of the preferred
alternative including an implementation strategy. Public comments and/or hearing and Trustee Board
approval followed by Final Plan draft, presentation, revisions, and adoption by Trustee Board and all
other necessary approval bodies. Proofing, printing and distribution of Comprehensive Plan document.
Assessment
On-going monitoring of results and impact
3. Some advantages to a Trustee Board of having a comprehensive plan in place
Takes much of the ambiguity out of the decision making process
Knowledge in the community that the village has an overall mission and a clear set of
guidelines can reduce the number and types of inquires needing a response
Provides a blueprint for prioritizing expenditures consistent with community desires
4. What the Board has done so far
Since its establishment in September 2009, the Planning Board has met for four monthly meetings and
two workshop sessions. It has carried out the following pre-comprehensive plan preparation activities:
Reviewed our charge, and state-level legal, ethical and procedural recommended guidelines;
adopted rules of procedure
Received guest presentations from Mayor Jim Gilmore, Jack Young, Brent Cross, Joan
Jurkowich (TCP Dept), Carole Schiffman (Friends of the Corners), Fred Cowett (landscape
specialist), Rolf Pendall (Cornell CRP Prof) and George Frantz (Cornell visiting lecturer).
Identified some key issues the plan should address
Brainstormed a variety of topics including possible resources, phasing, plan time horizons and
project timelines
Reviewed comprehensive plan documents from neighboring jurisdictions
Drafted preliminary list of possible database categories
Researched village-related historic preservation issues
Investigated a possible response to the national American Institute of Architects’ 2010
Sustainable Design Assessment Team request for proposals (a team from Ithaca one of ten
eventual awardees)
Set up a Planning Board website
Individually attended training sessions (planning & zoning boards; TC affordable housing)
Attended Cornell City & Regional Planning Dept student Village of Cayuga Heights/Village of
Lansing class project final presentation
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5. Why are we requesting funding?
Developing and completing a high quality comprehensive plan is complex and time consuming, even
for the smallest jurisdictions. When municipalities are large enough, this function is typically carried
out by their own, full time planning staff. When they are not, outside planning consultants are typically
hired for the task. We have researched a number of Tompkins County examples in both categories.
The Village of Cayuga Heights Planning Board is made up of individual volunt eers with credentials in
land use planning and/or in closely related areas. This expertise will be valuable in formulating and
guiding the planning process. However, there are specific attributes and skills that regularly practicing
planning consultant’s offer that can provide greater levels of efficiency and precision. Moreover, most
of the Planning Board members have full time jobs. While we have investigated in detail a variety of
ways to carry out the task in the most cost effective way, including t he partial involvement of
individual members, we are now firmly convinced it cannot be properly executed without securing the
services of an outside planning consultant.
In doing so, the village would insure that the Planning Board retains an important le vel of objectivity in
assessing plan alternatives and recommendations as these are developed throughout the process. There
is potential conflict of interest when board members present ideas and possible solutions, then proceed
to evaluate them. Though the Board of Trustees has the ultimate power to assess and adopt, we think
it’s vitally important the Planning Board is also free to exercise its independent judgment before it
presents its final recommendation to the Trustees.
6. How did we arrive at our specific request for funding?
We looked first at George Frantz’s graduate student workshop class proposal made to the Board of
Trustees in summer 2009, priced at $12,500. While directly useful for our purposes, we concluded the
deliverables being proposed were insufficient on their own to form the basis of a complete
comprehensive plan for the village.
We then developed a spreadsheet that costed a common set of tasks against a set of three alternative
scenarios: a “various sources” version with partial involvement of Planning Board members; George
Frantz’s Cornell CRP student workshop class version with a “various sources” add-on; and a full
service, outside consultancy version.
We received estimates from two separate consultancy firms in the third catego ry. One gave a range
between $65,000 and $100,000, the other between $30,000 and $50,000. Estimates in the first two
categories resulted in figures similar to each other. Both were around $24,000.
Based on our analysis of those two latter estimates an d using a slightly more detailed scope of services
description, we then solicited separate estimates from George Frantz. The first involved his workshop
class to be taught in Spring 2010 with a full service add-on by him in his separate capacity as a
professional consultant, and a full service version by him in this latter capacity.
We now have his estimate for the full service version. However, the estimated cost of the combined
student class/full service add-on version won’t be available till Monday (Dec 21). This is due to an
administrative delay at Cornell in determining whether any overhead charges will be added to the
student workshop cost.
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For this reason, the specifics of our actual request for funding are not included here. They will be part of
our presentation to your board at the meeting on Monday evening. Suffice to say, we are confident the
cost figure for what we propose will be comparable with the earlier “various sources” estimates
referred to above.
Please note that a preliminary time frame of 20 months for the planning process was used as the base
line for all the above estimates. Assuming a start in January 2010, the process would end in August
2011. Its probable this duration time might have to be adjusted somewhat as more specific s about the
process come to light. In any event, it’s important to recognize that the cost of the project need not be
attributed to one fiscal year but spread over the up to three likely occurring during the project’s
duration.
Questions from the Board as follows:
Trustee Szekely asked about Prof. Frantz’s class and the $12,500 cost. The Mayor
asked if there was a cost without the class being involved.
Trustee Szekely asked which option, with or without the class involvement, would be
better. Chmn. Harms thinks the students can be very helpful in the process. H. Richardson
said the use of the students for the front end work (data gathering) is very useful. It would also
fall naturally into Cornell’s Land Use classes.
Trustee Supron asked if timing to get this approved was critical. Harms said timing
wasn’t as critical now as he had originally thought, but the sooner the Village acted, the better.
Supt. Cross – did the PB consider taking Joan Jurkevitch (Town of Ithaca) up on her
help on a baseline Comp. Plan? Chmn. Harms said that he did talk to Joan. Her offer was for
to provide information on a data plan. But then, what do you do with that information? It is
not possible to use the Town’s Planning Dept. to do the analysis of the information. Cross said
that he thought the Village of Lansing’s Comp. Plan was partially prepared by the County.
Atty. Marcus said that the V of Lansing hired a consultant who they didn’t like, and had to find
another that they did like. Atty. Marcus thinks this PB has done their homework on the
background of their proposed plan. All zoning is supposed to be based on the Comp. Plan of
the Village. If the Village has a single document that addresses all issues, it makes it easier to
make changes to zoning laws and to withstand challenges. Having a Comp. Plan is necessary if
you want to move forward with Zoning Law changes.
Trustee Riesman said since the public will be involved, the Trustees will hear about all
the issues from the residents – what they want and what they don’t want. A positive about
George Frantz is that he is local and has a true interest in the Village, along with knowing a
good deal about the area.
Supt. Cross spoke in Treasurer Silber’s absence about spreading the cost out over a few
years – any dollars spent this year needs to be paid this year.
Trustee Andolina said that he appreciates the work put in so far and appreciated the
point about the PB members needing to juggle their time with full time jobs; however, he
doesn’t recall any talk about getting others to do the work. He thought the PB would do all the
work. He would like to know how we got from the PB doing the work to hiring a consultant to
do the work. Chmn. Harms answered that the number of tasks goes way beyond data
gathering. Talking to the public is critical and would involve many focus sessions, etc. He is
not convinced this could be done just with a class.
Trustee Bors asked if a Comp Plan is required by NYS law. Atty. Marcus said that
there isn’t a statute that specifically says that, but there is a statute that says that zoning must be
based on a Comp. Plan. If you are a Village and you have zoning, your zoning must be based
on a Comp. Plan.
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Mayor Gilmore said that it sounded like the PB is not as concerned with zoning, it’s
more of getting a collaborative idea together.
Trustee Szekely said it sounded like the PB is asking to insert another layer to be
objective, but the Board of Trustees wanted the PB to be the ones to give their input on how the
Village should look in reference to a Comp. Plan.
H. Richardson stated that the role of the PB is to help frame the questions that the
consultants will tackle, and then review the answers. That is a very critical role for the PB to
play.
Trustee Bors is concerned that we are reinventing the wheel. Why start from scratch?
Can’t we get a municipality that is close to ours and tweak their plan? Chmn. Harms said that
is absolutely the wrong way to go. Bors continued that the impression of consultants is not
terribly positive. Harms said that it is a judgment call. The PB’s job was to zero in on the right
type of person, and they did that, and now are making a recommendation to the Board.
Supt. Cross remarked that zoning is the application of the Comp. Plan, our Village is
built out and zoning has served us well. A consultant based Comp. Plan is for communities
that have lots of land available to be developed.
Trustee Riesman stated that redevelopment is a big issue. Buildings will go up for sale.
People care about Community Corners, walkability, traffic issues, etc. To say we are built out
is untrue... a lot can and will change. The Comp. Plan will seek the input to look down the
road.
G. Gillespie commented that there are threats to the Village out there…Cornell, Village
of Lansing…what is they going to do to the Village is the Village has no “plan” in place? But
back to Trustee Andolina’s point. The PB needs help with the grunt work. They also need
some expertise. There are particular tasks associated with a Comp. Plan that will benefit from
someone who has already done one and is familiar with the process. We should be looking for
a filter, a sounding board to play off the PB’s strengths and vice versa. When you think of the
funds needed, think about planning for the future. A one time expenditure is good for 20-30
years.
M. Morris said that neither a consultant nor a class will deliver a Comp. Plan to the
Village. The Planning Board will.
Trustee Supron said that the Board of Trustees liked George Frantz in the past but
wanted the PB to ask for him. Now they are and we should be listening.
Mayor Gilmore said that the value of the cost seems reasonable.
Chmn. Harms thank the Board for their time and reiterated that G. Frantz is very
anxious to work with us.
Mayor Gilmore asked if Chmn. Harms could negotiate the final rate with Cornell and
get the amount back to the Board. January 11 was the next Trustee meeting. Was that too late?
Chmn. Harms asked if the Board could vote on the $26,000 and he would get back to
the Board as to which of the two ways they should proceed with. He wants to be sure of the
amount, but feels that January 11 is too late. Trustee Andolina said that the Board should give
the Planning Board the financial flexibility to do whatever they think is appropriate, and to
solidify the number for the student proposal. Discussion on indirect costs of approximately
$7,000 which might be added to the $12,500. Cornell may waive indirect costs. The Board
should write a letter to Cornell saying that the Village will not pay indirect costs.
Motion by Trustee Andolina
Seconded by Trustee Supron
Authorize Resolution 65902 as follows: The Board of Trustees approves the Independent
Planning Board to proceed in negotiating a contract for an amount NTE $12,500 between
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the Village and Cornell University to have George Frantz’s class in CRP prepare
background information for production of a Comprehensive Plan as directed by the
Independent Planning Board during the Spring Semester of 2010.
After discussion on the wording of this resolution, an amended Resolution was offered:
Motion by Trustee Andolina and
Seconded by Trustee Supron
Motion to pass Resolution 65902 as follows:
Whereas the Board intends to complete a Comprehensive Plan, and the first phase is the
collection of data,
Therefore be it resolved that the Board of Trustees approves the Independent Planning
Board to proceed in negotiating a contract for an amount NTE $12,500 between the
Village and Cornell University to have George Frantz’s class in CRP prepare background
information for production of a Comprehensive Plan as directed by the Independent
Planning Board during the Spring semester of 2010.
Mayor Gilmore, Trustees Andolina, Riesman, Supron and Szekely
Voted YES
Trustees Bors and Donner
Voted NO
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Report of the Supt. of Public Works –
Supt. Cross reported on the following:
“Close-Out” of contracts for the Phosphorus Project at the WWTP – documents need to
be gathered which have an impact on payment to the contractors. Over the next month,
incremental payments will be made to the contractors.
Review and approve MATCO change order 1-E.
Motion by Trustee Szekely
Seconded by Trustee Donner
Move to pass Resolution 65903 approving the MATCO Change Order
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
Discussion of vacant MEO position. DPW is down an MEO. This will greatly affect snow
removal as teams are set up for plows, trucks, etc. Jeff Ellis (Mechanic) has stepped in to the
rotation for the snow teams, and now there is no back-up if someone is sick. This situation
needs to be resolved.
Marcham Hall project – Schedule another meeting to discuss further. Any questions regarding
the plan specifics, please see Brent before the next meeting.
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Motion by Trustee Supron
Seconded by Mayor Gilmore
Move to pass Resolution setting a special meeting of the Board for 1/6/2010 to discuss
Marcham Hall Renovation plans.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
The proposed fence moratorium law will be forthcoming at the next meeting.
Motion by Trustee Andolina
Seconded by Trustee Bors
Motion to enter into Executive Session at 9:53 PM for discussion on pending litigation.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
Motion by Trustee Riesman
Seconded by Trustee Supron
Motion to exit Executive Session at 10:30 PM for discussion on pending litigation.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
Motion by Trustee Andolina
Seconded by Trustee Bors
Move to pass Resolution 65904 to authorize payment of CO #9G for $26,662.29 subject to
approval by the Village Attorney.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
Motion by Trustee Andolina
Seconded by Mayor Gilmore
Move to pass Resolution 65905 requesting payment to C.O. Falter for payment of CO 13
as modified by Stearns and Wheler for $52,094.48.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
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Trustee Privilege of the Floor
Trustee Donner stated that the election of Joe Lisi as Assistant Chief of the CHFD is a well
deserved promotion. Joe is a long-serving, hard working member of the Fire Dept. who has
taken on all kind of jobs and has done them well.
Trustee Szekely asked if there was any progress on the Newman paper sale. Atty. Marcus said
he is moving forward on the paperwork.
Trustee Andolina told the Board that they should start thinking about a vehicle to tackle the
fence issue. He wants the subject on the January agenda for discussion on the proposed
moratorium. Supt. Cross asked if the Planning Board should be asked for their input on
fencing. Trustee Andolina will talk to Trustee Riesman and the Planning Board about this.
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Report of the Mayor
Mayor Gilmore gave a TCCOG update pertaining to the Health Insurance. Approximately 40
union members withdrew due to contract requirements of need for advance notice leaving 2023
members still planning to sign up by 3/31/10. The Consortium is waiting for a Certificate of
Authority from New York State. New York State's concern is that the consortium does need
Union voting representation on the Board vs. just municipal and elected officials.
Approximately a dozen unions are involved. TCCOG’s consultant and steering commit
recommend unions maintain non-voting seats on the Board. NYS is also reviewing TCCOG’s
financial reserve with regards to forthcoming COA (17% vs. 25% of premiums vs. letter of
credit).
The Mayor also gave a Gas Drilling update. All TCCOG members passed a resolution for the
DEC indicating the DEC Supplemental Generic Impact Statement is critically lacking and
should be re-done to better address environmental quality concerns with regard to underground
and above ground water sources, safe sustainable handling of frackwater, road maintenance,
and numerous other areas of concern. There is a TCCOG resolution to be delivered to DEC in
Albany with 200 page verbatim summary of the 11/19/09 public hearing sponsored by
TCCOG. Don Barber, Chair and Martha Roberts, board member, will deliver the resolution to
DEC and visit the Governor’s office on environmental quality.
On behalf of TCCOG, the Mayor asked the Village and Board’s support to contribute $200 to
help offset the $1800 total cost of the 11/19/09 public hearing cost to rent the State Theatre and
hire the court reporter who recorded the event. Other municipalities are also contributing.
Motion by Trustee Bors
Seconded by Trustee Donner
Move to pass Resolution 65906 authorizing payment of $200 to TCCOG to help offset the
$1800 total cost of the 11/19/09 public hearing cost to rent State theatre and hire the court
reporter who recorded the event.
Discussion ensued concerning the lack of policy in place regarding payments to TCCOG.
Trustee Bors withdrew his motion until the January 11, 2010 Board meeting.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
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Supt. Cross stated that he will let the Board know when there is a ribbon cutting ceremony at
the Phosphorous Treatment Plant.
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Clerk’s Report – In the Treasurer’s absence, the Clerk asked for approval to pay 2 invoices
outside the normal payment cycle.
Motion by Trustee Szekely
Seconded by Trustee Bors
Move to pass Resolution 65907 authorizing payment outside of the normal payment cycle
to Staples and Beaver Dam Construction.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES
Motion by Trustee Andolina
Seconded by Trustee Szekely
Move to adjourn the meeting of the Board of Trustees at 11:15 PM.
Mayor Gilmore, Trustees Andolina, Bors, Donner, Riesman, Supron and Szekely
Voted YES