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HomeMy WebLinkAbout10-12-10 Notes from BOT.pdf Notes from the October 12, 2010 Meeting Public Hearing for Proposed Local Law “E” and Proposed Local Law “F” Mayor Present: Kate Supron Trustees Present: Mary “Liz” Karns, Christopher Crooker, Beatrice Szekely and Diana Riesman Others: Jeff Silber, Brent Cross, Randy Marcus, Mary Mills, Norma Manning, Tom Boyce, Jeff Frisbie, George Tamborelle, Mary Jane Neff Public hearing was opened at 7:00 PM. Proposed local law “E” is to amend local law 3 of the year 209 and section 21 of the Village of Cayuga Heights zoning ordinance regarding appointment of alternate members to the planning board and the zoning board of appeals. Mayor Supron explained that the village attorney discovered that the Village did not have legislation that allowed alternates for the Zoning Board of Appeals and the Planning Board. This proposed local law will provide the authority for appointing alternates to the Zoning Board of Appeals and the Planning Board. Mindy Midlin stated that she would like to have the proposed local law put on the web site prior to the meeting to allow the public time to review them prior to the public hearings. Trustee Szekely provided Ms. Mindlin with a copy of both local laws being proposed tonight The acting clerk was asked to note that proposed local laws should be added to the Village’s website prior to the public hearing. There being no other comments, this public hearing was closed at 7:05 PM The second public hearing was opened at 7:05. Proposed local law “F” is to amend Section 4 of the Village of Cayuga Heights Zoning Ordinance to add “Veterinary Clinic” to the list of permitted uses in the Village’s commercial district. There being no comments from the public this public hearing was closed at 7:06 PM The regular meeting of the Board of Trustees was opened at 7:06 PM Mayor Supron read a proclamation and requested the Board’s approval as follows: In honor and appreciation of our Village Clerk, Norma Manning, who is leaving her position after 10 years of committed and exceptional service, we, the Village of Cayuga Heights in the county of Tompkins, hereby happily designate and declare October 14, 2010, to be Norma Manning Day in the Village of Cayuga Heights. Motion by: Trustee Riesman Seconded by: Trustee Karns RESOLUTION NO. DESIGNATING OCTOBER 14, 2010 AS NORMA MANNING DAY IN THE VILLAGE OF CAYUGA HEIGHTS RESOLVE, that in honor and appreciation of our Village Clerk, Norma Manning, October 14, 2010 is hereby designated and declared to be Norma Manning Day in the Village of Cayuga Heights. Mayor Supron stated that she would like to appoint Mary Mills to the position of Village Clerk and requested the Board to ratify her appointment. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns Motion by: Trustee Riesman Seconded by: Trustee Karns RESOLUTION NO. APPOINTING MARY MILLS TO THE POSITION OF VILLAGE CLERK RESOLVED, that Mary Mills is hereby appointed as Village Clerk to fulfill the appointment term of Norma Manning and until the organizational meeting to be held in April 2012 and at an annual salary of $46,000. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns Clerk Manning administered the “Oath of Office”. Mayor Supron stated that she would like to appoint Stephen Hamilton as Trustee of the Village of Cayuga Heights to fulfill the term vacated by Frederick Antil and requested the Board to ratify her appointment. Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLUTION NO. APPROVING THE APPOINTMENT OF STEPHEN HAMILTON AS VILLAGE OF CAYUGA HEIGHTS TRUSTEE RESOLVED, that the appointment of Stephen Hamilton as Trustee for the Village of Cayuga Heights to fulfill the one year term vacated by Frederick Antil is hereby ratified. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns Clerk Mills administered the “Oath of Office”. Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLUTION NO. APPROVING THE MINUTES OF SEPTEMBER 13, 2010 RESOLVE, that the minutes of September 13, 2010 are hereby approved with 3 minor correction submitted by Trustee Szekely prior to tonight’s meeting. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns Abstention: Trustee Hamilton Privilege of the Floor Guy Tabbacci asked if the Village had bid out the expenses per the budget. He opposes spending tax dollars on deer remediation. Peter Salton stated that he was disappointed that the Village had not approved extending the moratorium on enforcing the fence ordinance. It is upsetting the residents and it seems illogical to not have a moratorium on the fence enforcement. He feels that it will be costly to enforce and that it will create dissention among the residents. Mindy Mindlin thanked Stephen Hamilton for agreeing to serve the Village as a Trustee. She expressed concern that the appointment had not been discussed in open session. She would like the Village to discuss where it stands on the fracking issue. She also would like the monthly abstract and the proposed local laws on the website prior to the meeting. Mary Tabbacci expressed concern too that the enforcing of the fence ordinance will be costly to the Village. She also expressed that there are other issues that should be addressed by the board like fracking, sidewalks. The current deer management budget is too costly for the Village. Suzanna VanDeMark thanked Norma Manning for her years of service to the residents of the Village. She thanked the Police Chief and the DPW for all the 15 mph speed limit in the school zone and all the street work that was done this summer. Leonard Laurie stated that he supported the Village Board’s efforts with TCAT bus routes and that he supports the enforcement of the fence ordinance. Barbara Luca stated that she did not want the TCAT on the Northway and suggests that if it cannot be changed that the Village consider installing speed bumps on Northway to slow the bus down. Guy Tabbacci asked if the ordinance had a definition of a fence. Mayor Supron responded to the fence ordinance moratorium because moratoriums have time limitations. The Board had to make a decision in a timely manner to enforce the current ordinance or change the law. Now that there is a full Board the fence issue can be discussed again. Mayor Supron also stated that there was no approved budget for the deer remediation and that the Board is still working on the process that is required by the SEQR. She agreed that it would be put to bid when all of the legal requirements are completed. Report of the Mayor Motion by: Trustee Szekely Seconded by: Trustee Crooker RESOLUTION NO. AUTHORIZING MAYOR TO SIGN GRANT DOCUMENTS FOR A JUSTICE COURT ASSISTANCE PROGRAM GRANT APPLICATION RESOLVED, that the Mayor is hereby authorized to sign the Justice Court Assistant Program Grant application to request $30,000 in matching grant funds for Court upgrades including duress buttons, handicapped bathrooms and a jury room. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Mayor Supron stated that Fire Chief Tamborelle had obtained two landscape estimates for 825 Hanshaw Road. It was the consensus of the Board to have the public works committee review the estimated and make a recommendation to the Board. Mayor Supron stated that Village resident, Brian Eaton, has agreed to serve as the Village’s representative to the Tompkins County Environmental Management Council and requested the Board to ratify his appointment. Trustee Szekely stated that she would like the Village’s representatives on the various County boards to come to a board meeting to update the Board on the discussions at the meetings. Motion by: Trustee Crooker Seconded by: Trustee Karns : RESOLUTION NO. RATIFING THE APPOINTMENT OF BRIAN EATON TO THE TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL RESOLVED, that Brian Eaton’s appointment to the Tompkins County Environmental Management Council is hereby approved. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Mayor Supron deferred the discussion on the set back for sheds to the report of the superintendent of public works Mayor Supron discussed with the Board a change to simpler form of minutes as recommended by the NY Conference of Mayors. With this meeting’s minutes only resolutions will be recorded. Motion by: Trustee Karns Seconded by: Trustee Riesman Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton RESOLUTION NO. ADOPTING PROPOSED LOCAL LAW “E” AS LOCAL LAW # 7 OF 2010 RESOLVED, that this Board upon the recommendation of the Village Attorney determined that the proposed action is an exempt action under the State Environmental Quality Review Act ("SEQR"), 6 NYCRR Section 617.5(c)(12) & (13); and BE IT FURTHER RESOLVED, that the following Local Law 7 of 2010 is hereby adopted: A LOCAL LAW AMENDING SECTION 4 OF THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE TO ADD “VETERINARY CLINIC” TO THE LISTOF PERMITTED USES IN THE VILLAGE’S COMMERCIAL DISTRICT Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I. PURPOSE AND INTENT. The purpose of this Local Law is to amend Section 4, “Commercial District” to add to subsection 2(f) “Veterinary Clinic” as a permitted use. The intent of this Local Law is to provide that in the Village’s Commercial District, a building, or any part thereof, may be used for the operation of a Veterinary Clinic. SECTION II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Article 5-J of the General Municipal Law. SECTION III. AMENDMENT OF ZONING ORDINANCE. As of the effective date of this Local Law, the term “Veterinary Clinic” is hereby added to the list of permitted uses set forth at Section 4, subsection 2(f) of the Village’s Zoning Ordinance. SECTION IV. SUPERCEDING EFFECT. All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this Local Law full force and effect. SECTION V. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State. Attorney Marcus stated that a short form SEQR was required prior to adopting proposed local law “F”. The Board reviewed and completed the short form SEQR. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Motion by: Trustee Karns Seconded by: Trustee Szekely RESOLUTION NO. DETERMINING THAT THE ACTION OF PROPOSED LOCAL LAW “F” WILL NOT RESULT IN A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT WHEREAS, A. The proposed action involves consideration of an amendment to Section 4 of the Village of Cayuga Heights Zoning Ordinances to add “Veterinary Clinic” to the list of permitted uses in the Village’s commercial district, B. The proposed action is an Unlisted Action, for which the Board of Trustees of the Village of Cayuga Heights is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Village, C. The Board of Trustees for the Village of Cayuga Heights, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act “(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Short EAF, Part II; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1 The Board of Trustees of the Village of Cayuga Heights, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Mayor of the Village of Cayuga Heights is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Motion by: Trustee Riesman Seconded by: Trustee Karns RESOLUTION NO. ADOPTING PROPOSED LOCAL LAW “F” OF THE YEAR 2010 AS LOCAL LAW 8 of 2010 RESOLVED, that the following Local Law 8 of 2010 is hereby adopted: A LOCAL LAW AMENDING SECTION 4 OF THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE TO ADD “VETERINARY CLINIC” TO THE LISTOF PERMITTED USES IN THE VILLAGE’S COMMERCIAL DISTRICT. Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I. PURPOSE AND INTENT. The purpose of this Local Law is to amend Section 4, “Commercial District” to add to subsection 2(f) “Veterinary Clinic” as a permitted use. The intent of this Local Law is to provide that in the Village’s Commercial District, a building, or any part thereof, may be used for the operation of a Veterinary Clinic. SECTION II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Article 5-J of the General Municipal Law. SECTION III. AMENDMENT OF ZONING ORDINANCE. As of the effective date of this Local Law, the term “Veterinary Clinic” is hereby added to the list of permitted uses set forth at Section 4, subsection 2(f) of the Village’s Zoning Ordinance. SECTION IV. SUPERCEDING EFFECT. All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this Local Law full force and effect. SECTION V. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Mayor Supron reported that she is working with Representative Hinchey‘s office on the TCAT issue. The traffic study contact has been completed. Tim Miller Associates are working on the EIS for the deer SEQR. Mayor Supron stated that Anita Watkins has agreed to fill the term on the Zoning Board of Appeals vacated by Sarah How and requests approval Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLUTION NO. APPOINTING ANITA WATKINS TO THE ZONING BOARD OF APPEALS RESOLVED, that Anita Watkins is hereby appointed to the Zoning Board of Appeals to fill the term vacated by Sarah How. (10/12/10 – Organizational Meeting in 2013) Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Chief Tamborelle presented the Fire Department Report of September 2010 and asked if there were any questions. Next he explained that there is a saving of $12,250 if the Village prepays for the new truck and that he has reviewed and selected the options most beneficial to the Fire Department. The bonding for the new truck was approved at August 13th meeting. If the Board agrees, then he requests a resolution accepting the bid from KME in a prepaid amount not to exceed $366,226. Motion by: Trustee Hamilton Seconded by: Trustee Szekley RESOLUTION NO. AUTHORIZING MAYOR TO SIGN THE PURCHASE AGREEMENT WITH KME FIRE APPARATUS FOR THE NEW RESCUE ENGINE RESOLVED, that the Mayor is hereby authorized to sign the purchase agreement with KME Fire Apparatus for the new rescue engine subject to the receipt of the performance bond and subject to the revisions requested by Attorney Marcus, and BE IT FURTHER RESOLVED, that the prepaid purchase price does not Exceed $366,226. Aye Votes: Mayor Supron, Trustees Riesman, Szekley, Crooker, Karns, Hamilton Assistant Superintendent of Public Works Jeff Frisbie presented his report. The DPW crews are working this month on stripping the streets, extra brush pickup due to the storm and leaf collection will start October 15, 2010. He reported that he had found a company in Elmira that can provide temporary help during this time of the year and that the application and information was being reviewed by the Treasurer and him. The DPW crews will be applying the top coat on road/streets that were paved this summer. NYSE&G continues to install new lines on Upland Road and the road will be closed during the day, except to emergency vehicles, and open in the evening. The contractor, DDL, will be calling the police department and the clerk’s office daily to keep them updated on the openings and closings. Superintendent of Public Works Cross gave an overview of his report which was sent to the trustees prior to tonight’s meeting. Since a resident has raised a question over the lack of language in the Village Zoning ordinances regarding small portable sheds, he would like direction from the Board and Village Attorney. He explained that since the ordinances lack a definition for buildings, he has interpreted accessory buildings as garages, carports, decks, gazebos and storage buildings over 140 sq. ft. as being included in lot coverage, but small portable structures of 140 sq. ft. or less is not included in lot coverage. He also has interpreted that since small portable structures of 140 sq. ft. or less are not considered buildings and therefore are not required to conform to setbacks requirements. Attorney Marcus agreed with Superintendent Cross that there would be a benefit to defining what constitutes a building and that he favors more specific language than that currently in the ordinances. It was the consensus of the Board that Attorney Marcus and Superintendent Cross propose possible definitions for “building” that the Board can review. Superintendent Cross stated that he had received the traffic study for the No. Triphammer Road crosswalk. Mayor Supron stated that Superintendent Cross had found in the original approval of the Kendall project that the cost of a crosswalk would be paid for by Kendall. Superintendent Cross stated that he would work up an estimate for the recommendations in the traffic study and would meet with Kendall representatives to pursue the action that they want. Superintendent Cross reported that No Sunset Drive culvert project is almost complete and is safe for vehicular traffic. The street was reopened. Superintendent Cross reported that the owners of the Height’s Café have asked for permission to place signs in the Village’s ROW directing patrons to their business. At the current time there is no local law regulating or allowing or not allowing such signage. He requests the Board to consider legislation that would regulate size, placement and even licensing. This request was forwarded to the Public Works Committee to discuss and make a recommendation. Superintendent Cross stated that he had received a request from the Boy Scout Troop #2 to plant a tree on Village Hall property. He reviewed possible sites with the Village’s Forester and they agreed the best place for a tree would be the lawn area between the driveway and Warren Real Estate parking area. The Board discussed the accepting the gift and would like to draft a criteria for doing so. There were concern that if the Boy Scouts were going to plant the tree that a certificate of insurance be obtained. Motion by: Trustee Szekley Seconded by: Trustee Riesman RESOLVED, to accept the gift of a tree from Boy Scout Troop #2 which the scouts will plant and care for, and BE IT FURTHER RESOLVED, that a certificate of insurance from the Boy Scouts will be obtained and that the Village has no other obligations, and IT IS FURTHER RESOLVED, that it will located as determined by Superintendent Cross and the Village Forester. Aye Votes: Trustee Hamilton, Szekley, Karns and Mayor Supron Nay Votes: Trustee Riesman, Crooker Motion passed Superintendent Cross reported that the Upland Road preliminary requirements set by the previous Planning Board had been met and is ready to seek final approval at the next Planning Board meeting. The Board took a 5 minute break Upon returning to session, Trustee Karns offered a motion to rescind the motion accepting the tree from Boy Scout Troop #2. Motion failed due to the lack of a second. Police Chief Boyce stated that his report had been forwarded to the Board prior to the meeting and asked if there were any questions. He explained that the police department, in connection with Tompkins County, is updating it shared agency computer software end-user license agreement. Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLVED, the Mayor is hereby authorized to sign the Shared Agency Computer Software end-user License agreement. Police Chief Boyce reported that the new police vehicle has been received and the equipment is being transferred from the old police vehicle. Once that is completed the old police vehicle can be sold. He also reported that all of the officers have completed training on the new rifles and that the old rifles can now be sold. The Clerk presented the resolution that is required by New York State Retirement which establishes standard work days for elected and appointed officials. Motion by: Trustee Karns Seconded by: Trustee Szekley BE IT RESOLVED, that the Village of Cayuga Heights hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Treasurer Silber asked if the Board members had any questions about the abstracts. Motion by: Trustee Karns Seconded by: Trustee Szekley RESOLVED, that Board Abstract #1, in the amount of $237,109.98 and #2, in the amount of $6,778.51 are hereby approved for payments as listed. Treasurer asked the Board to approve a change in the employee handbook. Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLVED, that the following sentence be added to the Village Employee Handbook, page 8, section 1.2 WORK WEEK/PAYDAY: Retiring employees may receive their final paycheck at the completion of their last day of work. Ayes: Trustees Riesman, Hamilton, Szekley, Crooker, Karns and Mayor Supron Title Name SS# Registration Standard Term Begins/ Participates Days/ Last 4 digits Number Work Day Ends in Employer's Month (Hrs/day) Time Keeping (based on System Record of (Y/N) Activities) Elected Officials Village Justice Glenn Galbreath 7 4/5/2010- 4/4/2011 Y 5.5 Appointed Officials Supt. of Public Works Brent Cross 8 4/5/2010- 4/4/2011 Y 20 Deputy Vill. Clerk Mary Jane Neff 7 4/5/2010- 4/4/2011 N 20 Treasurer Jeff Silber 7 4/5/2010- 4/4/2011 Y 5.5 Acting Village Justice David Klein 5 4/5/2010- 4/4/2011 Y 1 Attorney Marcus presented a draft local law “G” that will amend local law No. 1 of the year 1985 expanding the residency requirement of appointed Village Officers to include “Deputy Clerk”. Motion by: Trustee Crooker Seconded by: Trustee Szekley RESOLVED, that the public hearing for proposed local law “G” is hereby set for 7:00 PM on November 8, 2010 Aye Votes: Trustees Riesman, Hamilton, Szekley, Crooker, Karns and Mayor Supron Trustee Szekley requested the Board to remember Robert T. Dean who had been a Trustee of the Village and who passed away September 25, 2010. Trustee Szekley also requested that the Board reopen their discussion on legislation that will allow temporary deer fencing and that it be put on November 8th, 2010 agenda. Trustee Karns asked if the Village would like to have a shredding day for residents. The comments were that this has been done by some of the banks in the area recently. Superintendent Cross reminded the Board that if the Village does the shredding it has to go Tompkins County Solid Waste, it cannot go out of the County. The Board’s consensus was that they did not want to do this at the present time. Motion by: Trustee Riesman Seconded by: Trustee Crooker RESOLVED, that this meeting was adjourned at 10:28 PM. Aye Votes: Trustees Riesman, Hamilton, Szekley, Crooker, Karns and Mayor Supron Respectfully submitted, Mary Jane Neff Deputy Clerk