HomeMy WebLinkAboutMinutes of the Board Meeting June 15, 2009.pdf
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Minutes of the Board of Trustees June 15, 2009
Village of Cayuga Heights
Meeting of the Board of Trustees
Present: Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely, Supt.
Cross, Ass’t Supt. Frisbie, Chief Boyce, Treasurer Silber, Fire Chief Tamborelle, Attorney
Marcus, Clerk Manning
Absent: Trustee Donner
Others: Sarah Hatcher, Linda Bors, Mindy Mindlin, Jenny Stein, James LaVeck, Eric
Huang, Gary Brodhead, Lisa Duggan, Elizabeth Mount, Nancy Green, D. Fowler, Carole
Schiffman, Jim Seinstein, Mary and Guy Tabacchi, John Paul, Scott Teel, Karen
Kaufmann, Bill Patcher, Alexandra Giordano, Hazel Brampton
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Mayor Gilmore opened the Public Hearing at 7:00 PM on Local Law #3 amending Local
Law #2 of 2009 to modify the effective date of the local law concerning the appointment of
members of the Planning Board Independent of the members of the Board of Trustees.
Attorney Marcus presented an overview of the proposed local law, and stated that this law
was exempt from SEQR.
There being no comments or questions by the audience, the Public Hearing was closed and
the meeting of the Board of Trustees was opened.
Proposed Local Law #3 was presented and the wording of the law was discussed.
Motion by Trustee Bors
Seconded by Trustee Andolina
Move to pass Resolution 6500 modifying Local Law #3 as presented by adding the
word “all” in the following phrase…”to provide for a postponement of the effective
date of said Local Law until all new, independent members of the Planning Board
have been identified and appointed.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron, and Szekely voted YES.
Move to pass Resolution 6501 approving the minutes of May 18, 2009.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron, and Szekely voted YES.
PRIVILEGE OF THE FLOOR
Mindy Mindlin commented on the following issues:
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When the Board decided to break monthly meetings into two sessions, the new noon
meeting was devoted to department reports and paying the monthly bills of the Village. At
the first noon meeting, the first order of business was the introduction of Rolf Pendall, of
Cornell University, regarding the Village working with his fall semester class, Intro to
Land Use”. Atty. Marcus was not present and she felt that he should have been. Why
have professors speak about information gathering before the new planning board is
appointed? It seems like a backwards plan.
Also, what is the fence issue at the cemetery, and is there any movement on privacy fences
in the Village?
Ms. Mindlin also applauded the deer committee and the work done with the deer issue.
Mrs. Moore McKee – the Village should allow backyard fences to reach 8 ft. due to the
deer in the Village.
Gary Brodhead – thanked the deer committee for an excellent report. The problem has
gotten worse and he encouraged people to drive around the village and notice all the
damage done by the deer.
Elizabeth Mount – agrees with the statement on fences. Says that the Village should look
at everyone in the Village who has put up fences…are they all illegal? She urged the
Board to change the fence ordinance.
Peter Bottorff – thanked the deer committee for their fine work; however he was surprised
with the role that sterilization had taken. He thought it wasn’t a feasible idea. The Board
needs to carefully explore the options. Culling is unpleasant and controversial but it is
going to be just as controversial 2 years from now. Remember that culling was the main
issue at the past election.
Mary Tabacchi – Killing the deer is going to be a great expense to the taxpayers, not only
in dollars and cents, but in safety, emotional distress, dead deer on neighbor’s lawns, deer
car accidents from deer running, and children coming in contact with deer bodies.
Lisa Duggan – The election was won by one vote. No issues have been proven as to why
deer need to be killed.
Ann Serling – opposed to killing deer in the Village of Cayuga Heights. The only reason
we want to do it is to protect landscape.
Karen Kaufmann – opposed to culling. The DRAC has worked hard but their proposal is
no different than was proposed before. She endorses a dedicated, skilled officer to
supervise the management of details. It would seem safe to have someone look after the
deer and would like a commitment by the Village to give residents 2 years to think if
people want to stay in the Community.
James LaVeck – behind closed doors, there was a hand picked group of individuals who
came up with a way to kill deer.
Carol Schiffman – has no opinion on the deer issue, but what have surrounding
communities does? Why is our decision not in line with those around us? Have their
residents weighed in on any of their plans?
Dion Hersini – hears that it seems to matter whether you are a resident of Cayuga Heights
before you can have an impact and find that offensive. Small community wildlife belongs
to everyone. Other’s feelings need to be considered. She has no problems with deer
running in front of her car…it is a teaching moment to watch at all times. If a flower
grows because a deer died, the flower is less beautiful.
Alexandra Girodano – whatever happens here will keep spreading to other areas. She
hopes decisions are not made to sterilize/cull the deer. We are all a community, not a
planet of ourselves off to the side.
Scott Teel – no good idea should be ignored. If a marksman hits a deer and hurts it instead
of kills it, he has a choice to kill further or let it go. Story about Buddhist Temple/fire ants.
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Nancy Green – It’s now June. You can have a garden and have deer. Suggests to the
Board to educate people and have that be part of the discussion.
Privilege of the Floor was closed at 7:45 PM.
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Trustee Riesman introduced George Frantz, Cornell Professor in City and Regional
Planning. He spoke on the possibility of working with the Village in the spring semester,
following the work done by Prof. Pendall’s fall semester class in setting up a
comprehensive plan for the Village of Cayuga Heights. This idea started 6-9 months ago
and he has been quite excited with the thought of working with the Village. He is a
visiting scholar, brought in to teach field workshops – mini one semester planning groups
with one community client. He has taught six workshops in the past and gave overviews
of his clients. He is very interested in Cayuga Heights, a totally planned community.
Where is it today? Is it growing or aging? What is the traffic impact? Prof. Pendall has
been discussing this with Prof. Frantz. Pendall’s class will take the inventory and analysis
in the fall and Frantz’s class will follow up with the field workshop and possibly complete
a comprehensive plan.
The question of costs was raised. There are no costs involved with Prof. Pendall’s class as
the village would be the subject of his class. But with Prof. Frantz’s class, the Village is
the client. His field workshop is more operated as a planning firm and produces a product
for the community, Communities support the cost of the workshop….approximately
$12,000. They don’t want to be unfairly competing with those making a living doing
comprehensive plans. A field workshop raises the bar for the students. Concern with the
village is planning this before a PB is on board; however, Trustee Riesman said that there
will be a planning board in place by end of summer. It would normally cost upwards of
$50,000 to get a comprehensive plan done…it’s a living document, ever-evolving. Supt.
Cross said that if there wasn’t a community already existing, the trustees should have a
comprehensive plan which is the basis for creating zoning. It doesn’t seem out of order not
to have a PB on board yet. Attorney Marcus endorses this analysis. The Comprehensive
Plan is supposed to come first before the zoning laws. Prof. Frantz said that the town looks
at specific data for their comprehensive plan. The village can start the dialogue by putting
ideas out on the table. Mayor Gilmore asked about the payment schedule. There is no
particular schedule, it depends on the municipality.
The Mayor and Trustees thanked Professor Frantz for his presentation and will be speaking
again to him soon.
Report of the Mayor - Mayor Gilmore reported that he hopes the Village will have some
definite numbers regarding the TCCOG health care rates and plan by the July noon Board
Meeting. Many TCCOG members have passed a resolution saying that they were
generally favorable and predetermined towards a municipal-wide decision by August 1,
2009 depending upon the contract, rates and coverage and each municipality’s final Board
vote. However, the Village Board decided to wait for the rates before signing any
resolution.
The Pegasys Access Studio Capital Budget was presented. A resolution is needed by the
member municipalities to adopt this budget.
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Resolution #’s out of order
Motion by Trustee Bors
Seconded by Trustee Andolina
Move to pass Resolution 6490 adopting the 2010 PEG Access Studio Capital Budget
Whereas the Franchise Agreement between Time Warner Entertainment and the Village of
Cayuga Heights 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 2010 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 Board of Trustees of the Village of Cayuga Heights adopts the 2010 PEG
Access Studio budget as approved by the Access Oversight Committee.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted YES.
The Town of Lansing MOU regarding the Warren Road Sewer District is completed and
signed. Treasurer Silber commented that all of the other Village contracts have expired,
and we should use this contract as a boiler plate for all the others. Attorney Marcus said
that he got in touch with Attorney Tyler, and he will meet with him to discuss the
contracts.
The Bangs Ambulance MOU has been signed by Tim Bangs. We are waiting for the proof
of insurance.
The Mayor attended the Ithaca Tompkins Transportation Long Range Planning meeting
with Fernando deAragon. The primary message from the meeting was that they are
working hard to be eco-friendly with public transportation. The plan is half way done.
Completion date is 12/31/09. There is a 5 year review process.
The Mayor wished the Board to know that regarding lunch at meetings, his intent was
never to increase the cost of lunch or elaborate any further. It has been determined by both
Attorney Marcus and Treasurer Silber that lunch can not be purchased by the Village and
the matter is now dropped.
Trustee Privilege of the Floor
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Trustee Szekely thanked the following people: Brent, Rhonda Gilmore and Mary Jane
Neff for coordinating the work on the new Board tables. Chris Lowe did a wonderful job
making the tables. Linda Bors and Melanie Walsh along with Mayor Gilmore have done a
beautiful job in resurrecting the greenhouse. It looks beautiful as a backdrop for the
Boardroom. Sarah Hatcher is continuing her wonderful work with The Courier. The DPW
was very helpful in their meeting held with Brent and Trustee Szekely. Garbage pickup
was discussed and Trustee Szekely will work on some wording changes in the Village
brochure.
Trustee Andolina will give up his 10 minutes of time for other matters that need to be
tended to at this meeting.
Trustee Riesman wished to speak on 4 issues. The first was the new Planning Board. She
has 5 resumes and 3 on the way. She asked for not more than 3 trustees to let her know if
they are interested in interviewing the interested candidates. Supt. Cross said that he
would like to be included in the interview process. Mayor Gilmore suggested that Trustee
Riesman come up with a standardized set of questions and email them to the Trustees.
The next topic was that of the Village sign for the front of the building. Trustee Riesman
met with Chris Lowe, who drew up a plan for the Village sign. A plan was distributed to
the Trustees. The third topic was about a viable walkway for anyone to get from the
Village to Boynton and Ithaca High School. Abby Cohn and Fred Cowett have been
working together on this project and have created a power-point presentation
demonstrating the need for safe walkways. She will send the Trustees the power-point
presentation. Trustee Riesman met with Jonathan Kanter of the Town of Ithaca, and he
told her that the Town received matching funds from a grant to construct a walkway on
Warren Road. The last issue was the handicap accessibility issue of Marcham Hall and
asked about the progress. Supt. Cross said that he has had a hard time getting contractors
in to talk about the project and he needs the time to get this project moving forward. He
would like to see a commitment by the end of June and have the project completed by the
end of July or August at the latest. Regarding the stone floor, it is too expensive to remove
the existing stone….a new floor will be constructed.
Report of the Fire Superintendent – Report on file
Supt. Tamborelle reported on a busy month at the fire department. He wanted to advise
the Trustees that the Baltimore National Fire Expo and Training Event is scheduled for
July. He asked the Trustees for a resolution approving travel to this expo and training
event.
Motion by Trustee Szekely
Seconded by Trustee Bors
Move to pass Resolution 6502 approving Chief Tamborelle and 5 officers of the
Cayuga Heights Fire Department to travel to Baltimore for the Baltimore National
Fire Expo and Training Event July 23-26 at a cost not to exceed $3000.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted YES.
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Report of the Police Chief – Chief Boyce asked for a resolution approving the Livescan
Equipment Agreement with the County. This equipment, which is funded by Tompkins
County, enables every municipality to digitally scan fingerprints into the State, and this
information will then be available to the member municipalities as needed.
Motion by Trustee Andolina
Seconded by Trustee Supron
Move to pass Resolution 6503 allowing Chief Boyce and Mayor Gilmore to sign the
Livescan Equipment Agreement with a term beginning May 31, 2009 and continuing
through December 31, 2009. Annual agreements will then be signed beginning
January 1, 2010.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted YES.
Report of the Supt. of Public Works
Supt. Cross asked the Board for permission to hire Hannah Wingate as a temporary
engineer’s assistant for a 3 month period this summer. Because of civil service rules,
position titles need to be moved around as follows: Joe Lisi needs to be moved from the
position of project assistant to the position of code/fire enforcement officer and Hannah
Wingate needs to be hired as a project assistant. Resolutions need to be passed.
Motion by Trustee Supron
Seconded by Trustee Riesman
Move to pass Resolution 6504 re-assigning Joe Lisi from the position of Project
Assistant to the position of Code/Fire Enforcement Officer (part-time to be paid at
the current budget rate of $12.85/hour.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted YES.
Motion by Trustee Riesman
Seconded by Trustee Andolina
Move to pass Resolution 6505 authorizing the hiring of Hannah Wingate as Project
Assistant during the months of June, July and August to be paid at the current
budget rate of $12.85/hour.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted
The Permissive Referendum period for the water main replacement project expires June 18
and Supt. Cross would like to issue a notice of award to Chicago Construction. They will
respond to that issuance with a contract. All neighbors in the affected area of the project
will be identified and notified of a Village information session which will be held before
the project begins.
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At this time, the Board of Trustees discussed the DRAC recommendation for deer
remediation. Trustee Supron, also Chair of the DRAC, said that the plan is to sterilize the
deer until there are 25-30/square mile, then cull the deer to eradicate the rest of the
population. Trustee Szekely thanked the DRAC for their hard work, but feels that it falls
short of what should have been done. Her own position is that the Village should
immediately find someone to sterilize 40 doe, then move on to culling. She feels that there
should be 15 not 30 deer per square mile. Paul Curtis told Trustee Szekely in a telephone
conversation that the Cornell Vet School would likely not be available for the sterilization,
but another building on the Cornell campus could be. Trustee Andolina said that over a 10
year period, the ultimate amount of culling is likely to be the least. Sterilization would
have to continue due to migration. Cornell is currently culling concurrently with
sterilization. The cost is $1000/deer for sterilization and $400/deer for culling. Regarding
the 500 ft rule for shooting in the Village, are there sites in the Village where someone’s
backyard will not have to be used? The answer is no. Andolina asked if there are up to
date figures of human/deer interaction. Supron answered no. Mayor Gilmore would like
to see some kind of financial forecast projection…a cost estimate for the full 10 year
program. Trustee Andolina offered to work on that projection. Treasurer Silber, for
disclosure, mentioned that any contracts that the Village might enter into with Cornell may
end up in his area of responsibility at Cornell. Trustee Andolina asked about a part time
DMD (Deer Management Director)…..maybe the Village could look at a graduate student.
The Cornell Dept. of Natural Resources would be a good place to start. Trustee Bors
asked what the Board hoped to accomplish at this meeting. The Mayor said that the board
should just have a discussion. A decision shouldn’t be made until everyone is comfortable
with every aspect, i.e. cost estimates, part time DMD, and study of liability issues for
culling and sterilization. Attorney Marcus said that the Board has to keep in mind that any
arrangement can only bind the Village for a given year. Contracts only bind the village for
one year at a time. Also, it will be necessary to complete a SEQR review before a decision
is made, which may reveal more issues before you make a decision. When the Board gets
ready to pass a resolution, which triggers a SEQR review.
Trustees Szekely and Supron will work on a job description for the DMD. Treasurer
Silber, Attorney Marcus and the Mayor will work on legal and liability issues. Mayor
Gilmore thanked Trustee Supron for her hard work and pledged the Board to move
forward.
Report of the Attorney – Attorney Marcus agreed with what was discussed above.
Treasurer Silber asked for approval on a special abstract presented at this meeting.
Motion by Trustee Andolina
Seconded by Trustee Supron
Move to pass Resolution 6506 authorizing the payment of the special abstract
presented at the June 15, 2009 meeting of the Board of Trustees in the amount of
$76,911.89.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted
YES
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Motion by Mayor Gilmore
Seconded by Trustee Bors
Move to pass Resolution 6507 entering Executive Session at 10:10 PM to discuss a
personnel matter on a specific employee.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted
YES
Motion by Trustee Riesman
Seconded by Trustee Supron
Move to pass Resolution 6508 coming out of Executive Session at 10:40 PM.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted
YES
Motion by Trustee Bors
Seconded by Trustee Szekely
Motion to adjourn the meeting at 10:42 PM.
Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely voted
YES