HomeMy WebLinkAboutMinutes of the Board Meeting March 16, 2009.pdf
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Minutes of the Board of Trustees March 16, 2009
Village of Cayuga Heights
Meeting of the Board of Trustees
Present: Mayor Gilmore, Trustees Bors, Collyer, Riesman, and Szekely, Supt. Cross,
Ass’t Supt. Frisbie, Chief Boyce, Sgt. Steinmetz, Treasurer Silber, Fire Chief Tamborelle,
Justice Galbreath, Clerk Manning, Attorney Marcus
Absent: Trustees Donner and Staley
Others: Stephen P. Locey, Locey & Cahill, Sarah Hatcher, Linda Bors, Lee Donner, Jack
Young, Nancy Green, Douglas Fowler, Ilene Lambiase, Karen Kaufmann, Mindy Midland,
Bob Andolina, Jenny Stein, James LaVeck
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Mayor Gilmore opened the continuation of the Public Hearing at 7:03 PM on the proposed
local law concerning the establishment of an independent Planning Board. Mayor Gilmore
and Trustee Riesman spoke briefly on what was discussed at the previous month’s public
hearing. Since there were two trustees not in attendance, 4 out of the 5 in attendance
needed to vote affirmatively to pass a resolution. Therefore, in order for the proposed
Local Law #2 of 2009 to pass, four trustees have to vote affirmative. Mindy Mindlin
spoke on two concerns of hers. The Planning Board has always been elected officials, but
by the Mayor appointing the Independent Planning Board (IPB), the board would not be an
elected body. It is important that when the new IPB votes, they are sure that standards are
discussed and the process is followed. Atty. Marcus pointed out that the law does not set
out the standards, it states the process. Residence is a state law. The Mayor would
typically accept statements of interest for those wanting to be on the IPB. Mayor Gilmore
said that he personally has no desire to personally pick the individuals…he would like to
have a process for the Board to be involved in. Mindlin asked if the IPB would have any
authority. The Planning Board is different from a planning committee. It has a set of
specific authorities – approval of subdivision and site plan approval. Changes to the
zoning laws are developed by the Planning Board but enacted by the Board of Trustees.
Trustee Riesman stated that there is no addition to the infrastructure. The terms of the
Planning Board members are staggered per NYS law. The costs/training are no different
than as it is now. There still has to be compliance with NYS laws. The question at hand
was whether to keep or delete Section C of Section III of the proposed law. (Note, Section
C states a Limitation on the Appointment of Members.) There was discussion at the
February board meeting to remove Section C. Mindlin thought that it should stay in. Jack
Young was in favor of taking Section C out. Ithaca is a difficult place to have a law with
that section in as spouses can’t volunteer where their spouses are volunteering. That
restricts the number of people eligible to serve. Mindlin said that it is important for the
Village to reach out to individuals to increase awareness of positions available in the
Village. Douglas Fowler asked if the Board has looked for individuals with expertise in
planning.
The Public Hearing was closed at 7:35 pm.
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Discussion of the Independent Planning Board continued among the trustees.
Motion by Trustee Szekely
Seconded by Trustee Riesman
Move to pass Resolution 6440 removing Section C, Limitation of the Appointment of
Members, from the proposed Local Law #1 of 2009.
Trustee Riesman said that the appearance of conflict of interest is negligible as duties are
often shared. Trustee Bors said that he respects the opinions of Trustee Szekely and
Trustee Riesman, but he disagrees. He feels that having two people from the same
household on both the Board of Trustees and the IPB is a case of undue influence. Trustee
Collyer agreed with Trustee Bors. Mayor Gilmore also agrees that this puts undue
influence on the board and asks why put future Board’s in a position for problems. Mayor
Gilmore stated that his business background dictates this feeling of his. Trustee Riesman
stated that the Village is not a business. That is one comparison that does not work. The
individuals involved are volunteers and no pay exists.
Treasurer Silber commented that nothing in NYS law prohibits having related trustees, nor
do we have policies in the Village about employees being related as long as they don’t
supervise them. Zoning Board members do not have these rules. Mayor Gilmore said that
if Section C stays in Local Law #2 of 2009, the Zoning Board might need to change its
makeup.
Trustee Szekely said this doesn’t pertain to the ZBA. There are many individuals who
have the same direction by their education. Trustee Bors asked who would police the
situation if there was undo influence by related individuals. Trustee Riesman asked
Trustee Bors for an example of his concern. Trustee Bors said that his is a philosophical
feeling as stated by he and Trustee Collyer.
A vote was called on the motion made by Trustee Szekely.
Trustees Riesman and Szekely voted YES
Mayor Gilmore and Trustees Bors and Collyer voted NO
Vote resulted in No Action.
Due to the fact that there were not 4 votes in either direction, this vote resulted in a non-
action. This will be discussed again with the new board after the organizational meeting
on April 6.
Approval of the Minutes of February 17, 2009
Some corrections were noted on the minutes of the February meeting.
Motion by Trustee Szekely
Seconded by Trustee Bors
Move to pass Resolution 6441 approving the minutes of February 17, 2009 with
corrections as noted.
Mayor Gilmore, Trustees Bors, Riesman and Szekely voted YES.
Trustee Collyer ABSTAINS.
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Clerk Manning asked the Board to consider amending the minutes of January 23, 2009.
Karen Kaufmann was left out of the Privilege of the Floor and wished to be put on record
as having spoken as follows:
Karen Kaufmann (VCH) – strongly opposes any proposal to cull deer. Is opposed to a rush
to judgment and an arbitrary deadline on this issue. She questioned the Village’s legal
obligations and the need for environmental impact assessment, the costs, the Village’s
firearms ordinance, and liability insurance.
Motion by Trustee Riesman
Seconded by Trustee Szekely
Move to pass Resolution 6442 amending the minutes of January 26, 2009 with
information regarding Karen Kaufmann speaking at Privilege of the Floor.
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES.
Clerk Manning was also contacted by James LaVeck of CayugaDeer.org asking for the
September 15, 2008 minutes to be amended. Mr. LaVeck felt that the information that was
stated regarding Mr. LaVeck’s statements during Privilege of the Floor were misleading
and asked that they be clearer. He also gave the Clerk a copy of his verbatim statement,
which the Clerk read to the Board. After discussion, it was decided that any changes will
be tabled until the April Board of Trustees meeting.
Tompkins County Municipal Health Insurance Consortium
Mayor Gilmore introduced Stephen Locey of Locey & Cahill, LLC, who gave a
presentation on the proposed Tompkins County Municipal Health Insurance Consortium.
Mr. Locey distributed an initial overview of the meetings held with governing bodies in the
County. This information is part of the official file for this Board meeting. Some topics of
discussion by the board were: explanation of indemnity style plan; when will rates and
coverage be available and how many years will they be set for; when is the proposed start
up date.
At this time, 8:30 PM, the Privilege of the Floor was opened. Regarding the insurance
consortium, Mindy Mindlin asked where the pool of funds that bills are paid from will
come from. The answer is that all of the membership will go to one municipality
responsible for getting all the monies. Trustee Szekely asked if there were prior
conditions. Answer was no.
Mayor Gilmore thanked Mr. Locey for his presentation and the board looks forward to
hearing from him again.
James LaVeck addressed the board about the modification of September’s minutes, which
he gave to the Clerk in writing. He stressed the need to set the record straight, as there has
been a campaign of rumor and innuendo waged to discredit the efforts of LaVeck and
others with respect to the deer issue.
Jenny Stein then spoke. She also gave the Clerk her written statements. Ms. Stein’s
statement addressed false accusations made by the board and asked that they stop. She
also presented the Clerk with signed, notarized statements by her, and James LaVeck
stating among other things, that they are not in the employ of Ms. Adelaide Gomer.
Another statement presented was signed by Adelaide Gomer and notarized, stating that she
has never employed Mr. LaVeck and Ms. Stein, and has never directed their efforts in any
matter concerning the Cayuga Heights deer situation.
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Ms. Mindlin spoke to Mr. LaVeck and Ms. Stein stating that they are trying to intimidate
the public with their tactics. Mayor Gilmore asked that statements be address to the board
and not to others in the audience.
Karen Kaufmann said that she is troubled with how the deer conflict has divided our
Village. She stated that the innuendos and misconceptions are bad, and we all need to
move forward in a more civil manner.
Privilege of the Floor ended at 8:50 PM.
Report of the Fire Superintendent – Supt. Tamborelle thanked Trustees Collyer and Staley
for all of their help. He then presented his monthly and annual report, which is on file.
The Fire Company elections will be held on April 5, the day before the Organizational
Meeting. The Clerk will get the slate of officers as voted on by the Company on Monday
morning, April 6. The Board will be asked to vote on this slate later on in the evening. The
officers will be sworn in at the Fire Company banquet on April 18.
Report of the Justice Court – Judge Galbreath distributed his annual report, which is on
file. He reviewed the report, and stated that the work on the handicap accessibility grant
into the Court room will begin soon.
At this time, Mayor Gilmore thanked Trustee Collyer for his 8 terms as a trustee, and
Trustee Staley for his 3 terms as a trustee. He then read resolutions prepared for both of
the outgoing trustees:
BE IT HERBY RESOLVED that Trustee Frank Collyer is respectfully acknowledged
as faithfully volunteering 16 years of service as Trustee to the Village of Cayuga
heights as a valued steward of our taxpayer’s resources and further recognized as an
individual of the highest character.
BE IT HEREBY RESOLVED that Trustee Roy Staley has hereby served 3 terms as a
valued trustee, graciously offering his knowledge, commitment and expertise to
maintaining and improving the Village’s services to the taxpayers.
Thank you to Trustee Collyer and Trustee Staley from all of the Trustees.
Report of the Police Chief – Chief Boyce thanked Trustees Collyer and Staley for all their
hard work and time on the Board of Trustees. He presented his Annual Report, which also
thanked Trustee Antil for her hard work and time on the Board. He also thanked the new
trustees for their help. Trustee Collyer complimented the Chief for keeping overtime low
throughout the years. The Chief said that he had to give all the credit to his police officers,
who work together with him to keep overtime low.
The Chief then informed the Board of a federal government stimulus plan entitled “COPS
Hiring Recovery Plan.” It enables municipalities to hire a police officer now, and have the
federal government pay the initial salary for the first 3 years. On the 4th year, the
municipality takes over all of the costs. He wanted to let the Board know about it, and
would talk further about it at the Organizational Meeting on April 6.
Report of the Ass’t Superintendent of Public Works – Ass’t Supt. Frisbie also thanked
Trustees Collyer and Staley from the whole department. They have been highly respected
by the DPW over the years.
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Ass’t. Supt. Frisbie distributed his report which is on file. Spring cleanup has begun and
everything is running on schedule.
Trustee Bors commented that he read that the City is starting their street cleaning program
and asked if we do that. Frisbie said that when we clean, we subcontract cleaning where
the City of Ithaca does their own. Money wasn’t budgeted for street sweeping, but he will
try to have the DPW work on some cleaning whenever there is time. Attorney Marcus,
asking as a Village resident, asked about the muddy situation on Hanshaw Road where
work was done. Frisbie answered that “ground rolling” should start soon, with topsoil
delivered next month and seeding should be done by the end of April.
Report of the Mayor – TCCOG Update – The Mayor has been impressed and challenged
by the number of things that have passed by his desk. He will try to delegate more to the
trustees. He appointed Trustee Donner to act as an alternate on TCCOG.
The Mayor explained that he asked for an administrative assistant position in this year’s
budget. This person will help both the Mayor and Supt. Cross with their administrative
tasks.
The Mayor would like Paul Tunison of Bolton Point to join him in giving a short update at
an upcoming board meeting. Don Hartill, Mayor of the Village of Lansing, is putting
together a “white paper” to analyze the alternatives should the City of Ithaca decide to join
Bolton Point. A Memo of Understanding (MOU) has been given to the City. The trustees
will be kept up to date on all developments.
The deer meeting held on March 12 was very informative. Another forum is scheduled for
March 31 at Kendal.
Regarding the upcoming elections, Kendal has requested some help getting their people
into the Village Hall from 12-3 pm. The Mayor would like the DPW to lend a hand.
Trustee Privilege of the Floor
Trustee Riesman acknowledged Trustees Collyer, Staley and Antil. She said that their
presence on the Board made such a difference to the incoming trustees, and thank them for
all their help.
Trustee Bors discussed advertising meetings. A number of residents have expressed
interest in hearing more about meetings instead of reading legal notices. There was
discussion with Trustee Riesman regarding the web site and blast emails. Blasts are items
of an emergency nature. There is a fine line between being informed and inundated with
information. As it stands now, Board of Trustee meetings will be advertised as legal
notices and put on the website. Planning Board meetings will be handled the same way.
Zoning Board meetings will be advertised as a legal notice and a notice will be sent to
residences within a 200 ft radius of the property in question. Trustee Bors said that there is
no question that the Village is meeting legal requirements, he just feels that we should be
doing more. Treasurer Silber commented that using email as a notice is a dangerous
procedure to implement. It was then suggested that the Village erect a sign post similar to
the Village of Lansing where meeting signs can be hung.
Attorney Marcus commented that the Village should think about doing something about
property specific matters. He also endorses Treasurer Silber’s concern about using email
blasts to inform the public where there is already a legal procedure in place. It is important
that everything is handled in an even way. One concern in broadcasting ZBA meetings to
the general public is that people not really interested in the subject at hand may use the
meeting as a platform for their agenda, making the meeting unmanageable. Before using
the email blast for these types of purposes, try to grow the list more via The Courier or
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webpage. The Mayor asked Trustee Riesman to pull together all these thoughts and
formulate a communication plan for the new Board to address.
Trustee Szekely stated that the Village needs to fill the UNC spot vacated by Steve
Gordon, as he cannot serve on this committee any longer.
Report of the Clerk
Clerk Manning reported that the planning for proposed renovation of Marcham Hall is in
progress. She believes that in the budget process, there is a placeholder for this project.
Also, the Organizational Meeting is scheduled for April 6 with the swearing in of new
trustees occurring before the meeting.
Report of the Treasurer
Treasurer Silber presented the transfers and asked for approval.
Motion by Trustee Bors
Seconded by Trustee Riesman
Move to pass Resolution 6443 approving the transfers dated 3/16/09 as listed below:
From: To: Amount
A01990.410 General Fund Contingency A01410.410 Attorney Contr Exp 8,000
A09554.900 Capital Fund Transfer A01620.410 Vil Hall Contr Exp 2,500
A01990.410 General Fund Contingency A01620.440 Vil Hall Utilities 2,000
A01990.410 General Fund Contingency A01640.410 Cent Gar Contr Exp 3,000
A01990.410 General Fund Contingency A01640.440 Cent Gar Utilities 4,000
A03410.410 Fire Contr Exp A03410.480 Fire Station Maint 1,000
A08160.100 Refuse Pers Serv A05010.100 Street Admin Pers Serv 3,000
A08160.100 Refuse Pers Serv A05110.100 Street Pers Serv 6,000
A05110.410 Street Contr Exp A05110.490 Street Eqpt Maint 3,100
A05142.100 Snow Pers Serv A05142.150 Snow Pers Serv – OT 3,200
A01990.410 General Fund Contingency A05142.410 Snow Cont Exp 3,700
A01990.410 General Fund Contingency A05142.490 Snow Cont Exp 300
A08160.410 Refuse Contr Exp A08160.490 Refuse Eqpt Maint 400
F01990.400 Water Contingency F08320.420 Water Purchase/Ithaca 1,800
G08130.410 WWT Plant Cont Exp G08130.490 WWT Plant Eqpt Maint 15,000
G01990.400 Sewer Fund Contingency G09710.710 Debt Service/Interest 3,900
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES.
Treasurer Silber reminded the department heads that there are two months left in the fiscal
year, with bills generally lagging by one month, and many accounts are exhausted.
Department heads must manage
The Treasurer asked for approval of the abstract of vouchers.
Motion by Trustee Bors
Seconded by Trustee Szekely
Move to pass Resolution 6444 approving the Abstracts of Audited Vouchers Dated
03/16/09 and any amendments below thereof in the amount of $632,998.78, and
instruct that the Treasurer make payments thereon.
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Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES.
The Treasurer then presented the tentative budget to the Clerk. There was discussion on
the budget, and the process, and a public hearing was set for 7:00 PM on April 6 before the
Organizational Meeting
Treasurer Silber stated that we have been paying down WWTP financing using the sewer
water balance with no bonds as of yet. We are also in a holding pattern with the EFC to
see if we qualify for subsidized financing. We may not qualify for recovery money, but
people above us may get money freeing up financing for others.
Treasurer Silber will take care of short term financing before the end of the fiscal year.
Motion by Trustee Riesman
Seconded by Trustee Szekely
Move to pass Resolution 6445 setting the Public Hearing on the budget for 7:00 PM
on April 6 before the Organizational Meeting.
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES
A working budget session was scheduled for March 23rd at 5:00 PM. The Clerk will
advertise this meeting.
Supt. of Public Works – Supt. Cross presented a review of T.G. Miller’s 2-phase study of
water main deficiencies. Phase 1 was completed in 2007. Plans are 95% ready for Phase
2. The Board needs to pass a resolution authorizing T.G. Miller to advertise our water
main project for bids, and authorize the treasurer to engage bond counsel for the purpose of
financing the Phase 2 Water System Improvements of 2009 project.
Motion by Trustee Collyer
Seconded by Trustee Szekely
Move to pass Resolution 6446 authorizing TG Miller to advertise our water main
project for bid and furthermore authorize the treasurer to engage bond counsel for
the purpose of financing the Phase 2 Water System Improvements 2009 Project.
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES
Discussion then ensued regarding the Wastewater Treatment Plant receiving gas well water
article as appeared in the Ithaca Journal the previous week. In addition to the IJ article,
there have been a couple of public meetings in which the response was in opposition of
this activity. The public is concerned that the Village is not handling this properly. The
background of this is as follows: the topic came up first in January 2008. Yaws, the
company managing the WWTP, has connections with a trucking company that was
trucking the water further away than us. We were asked if we would accept the water.
Questions were asked, research was done, and the DEC was contacted. The DEC had not
yet established a set of guidelines for local municipalities. There was discussion about the
chemical nature in the water which does not cause interference with the plants ability to
meet our permit compliance, but this is not to say there wasn’t anything in it that people
didn’t like. The village should not worry about being in violation.
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A proposal was made by Yaws to pay half of 4.5 cents/gallon to treat the water. The
trustees approved a contract in March 08. The potential revenue is in 6 figures per year.
From June 2008 to present, we have received $138,000. Attorney Marcus asked if the
Village’s treatment of the water remove all of the questionable elements. The answer is
yes to some and no to others. Certain things in this type of water can be filtered out and
certain things will never be filtered out. Whatever we are supposed to treat, we do. We
can’t treat everything. Supt. Cross and yaws recommended to the Board that the Village
could handle the water and the DEC agreed. Since then, the Village has been in contact
with the DEC. Yaws tests daily, and reports to DEC the results of the checks on a monthly
basis. The DEC continues to support our contract to receive this water.
Supt. Cross said that on December 22, 2008 the Village received an important document
(dated 12/8/08) from the DEC taking a position on advising municipalities on how to
handle this issue. The Village is currently working on complying with the new DEC
guidelines. The Village has contacted S&W to do a “headworks analysis”, which is to
look at the capacity of the plant to treat gas well water to the head of the plant. The
question is how much we can take. The most important part of the document is the DEC
decided that the way to regulate gas well water is to call it industrial waste with pre-
treatment process. The WWTP is already approved as a mini pre-treatment facility. In this
process we would treat gas well water just like we treat Borg Warner’s industrial waste.
We test it monthly and report results to DEC.
Supt. Cross has requested through Yaws for a site visit to the well sites. Current locations
of wells are throughout the Corning area. Treasurer Silber said that the Village of Lansing
gets the best benefit by this as they are our biggest customer and they get the benefit of
lower costs.
The Planning Board will meet on March 31 at 9:00 am to discuss a minor subdivision of
lot 10.-3-5.2 into two lots. This land is owned by Neil Olver. The Clerk will advertise this
meeting in the legal notice of the Ithaca Journal.
Report of the Attorney
Attorney Marcus spoke on the proposed Local Law #1, A Local Law amending Village of
Cayuga Heights Local Law No. 2 of 1981, “Enactment under Provisions of Chapter
277,1981 New York Session Laws Relating to the Furnishing of Legal Counsel and
Indemnification of Employees”, to provide for the defense and indemnification of officers
and employees. This law gives equal protection to all board members, committee
members, and employees, providing legal defense to be paid for by the Village. It further
indemnifies the officers and employees for punitive damages assessed by a court as
punishment. A resolution was needed to set a public hearing to consider this law.
Motion by Trustee Riesman
Seconded by Trustee Szekely
Move to pass Resolution 6447 setting a Public Hearing to consider Local Law #1 of
2009, A Local Law amending Village of Cayuga Heights Local Law No. 2 of 1981,
“Enactment under Provisions of Chapter 277,1981 New York Session Laws Relating
to the Furnishing of Legal Counsel and Indemnification of Employees”, to provide for
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the defense and indemnification of officers and employees. This Public Hearing is set
for 7:15 PM on April 6 before the Organizational Meeting.
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES
A resolution was also needed to set a public hearing to set the sewer rates.
Motion by Trustee Szekely
Seconded by Trustee Riesman
Move to pass Resolution 6448-1 setting a Public Hearing at 7:10 pm on April 6, 2009
to consider Local Law #3 of 2009, to set the Sewer Rates for 2009-2010.
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES
Motion by Trustee Riesman
Seconded by Trustee Szekely
Motion to adjourn the meeting at 11:35 PM
Mayor Gilmore, Trustees Bors, Collyer, Riesman and Szekely voted YES