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HomeMy WebLinkAboutMinutes of the Board Meeting January 19, 2010.pdf 1 Minutes of the Board of Trustees January 19, 2010 Village of Cayuga Heights Meeting of the Board of Trustees Cayuga Heights Fire Station Present: Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely, Attorney Marcus, Treasurer Silber, Supt. Cross, Fire Supt. Tamborelle, Clerk Manning Absent: Trustee Andolina Guest: Jay Franklin, Director, Tompkins County Assessment Others: Sarah Hatcher, Mindy Mindlin, Charlene Temple, Linda Bors, Tomo Shibata, Chris Anagnost, Julia Felia, Gayle Gray, Sandy Stein, Christina Lacey, Randy Nesbitt, Mrs. Wagner ************************************************************************* The meeting was called to order at 7:00 pm by Mayor Gilmore and introductions were made. The minutes of December 21, 2009 were then presented for approval. There were corrections noted. Motion by Trustee Bors Seconded by Trustee Szekely Move to approve the minutes of December 21, 2009 as amended. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES. The Mayor thanked Sarah Hatcher and Trustee Riesman for noting the 5 open positions for this election in The Courier. ************************************************************************* The Mayor then 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. Tomo Shibata – The Village should allow non-citizens to run for local office as it would promote political equity of individuals living in the community. The Village should change its local law to allow this. Attorney Marcus asked if he could provide an answer and stated that New York State law prohibits anyone who is not a citizen from running for local office and State law supercedes any local law. There were no others wishing to speak at Privilege of the Floor. **************************************************************************** 2 Mayor Gilmore then introduced Jay Franklin who attended the meeting to present a quick overview of the Assessment Department. He assumed the role of Director in November 2009 and has been with the department since January 1997. Tompkins County is the only County- wide assessment office in New York State. All others have town assessors. Tompkins County has 34,500 parcels. His reason for attending our meeting is to introduce himself and to stay in touch with the local municipalities. He explained key dates pertinent to assessments, and explained the online assessment program. The trustees asked various questions, from how house prices are being affected by the recession to how the Village’s bond ratings are affected by house sales. Jay finished by saying that he is available to help the Village in any way he can and was pleased to come and speak at our meeting. The Mayor and Trustees thanked him for his time and information. Report of the Fire Superintendent – Report on File – Calls were down by 27 from last year. Fire Engine 202 was involved in a minor accident in Lansing while on a mutual aid call. No one was hurt and all protocol was followed. The trucking company that owned the truck that hit our fire engine will pay for the damage to our engine, which was mostly paint damage. Reminder that the fire banquet is scheduled for April 17. Fire Supt. Tamborelle stated that the fire station is a public access station for a defibrillator and the AED is usually on the truck. The Fire Company voted to purchase a LifePak 1000 defibrillator to mount in the fire station by the front door. The Mayor asked about the latest recruitment class. There are 20 interested and the Chief would like a class of around 10. Trustee Donner requested approval for the Fire Company to hold a Yard Sale in either Ma y or June of 2010. Motion by Trustee Donner Seconded by Trustee Bors Move to pass Resolution 6596 approving the Cayuga Heights Fire Company to hold a garage sale in May or June of 2010. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES. The record reflects that Trustee Donner is an exempt member of the Fire Company. *************************************************************************** Report of the Supt. of Public Works – Supt. Cross reported on the following: During the construction phase of the recently completed Phosphorus Filtration project at the WWTP, Stearns & Wheler Engineers incurred some expenses that they are requesting reimbursement thru an amendment to their contract for services. The expenses can be broken down into three categories: Materials testing: the original agreement included $3,000 for testing of materials such as soil compaction, concrete strength, etc. The actual final cost was $10,371. Additional services: They provided the structural details for the new containment wall that was built after the ferric chloride tank leak. The cost of this service was $1,200. 3 Unforeseen costs: They experienced additional expenses as a result of various work associated with the coordination of the contractors hired by the Village. They added up to approximately $9,500. The total amount is $21,000 – Stearns & Wheler is asking for $17,000. This cost would be covered by the 10% contingency (approximately $200,000) that was anticipated on the overall project. At this time (including the full amount of the pending resolution of the C/O-9 on the Falter contract) we have expended $93,048 of the 10% contingency. Motion by Trustee Szekely Seconded by Trustee Supron Move to pass Resolution 6597 authorizing the Mayor to sign the Stearns & Wheler Contract Amendment No. 2 in the amount of $17,000. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES. Supt. Cross stated that the Phosphorus removal project, a consent order project, is working splendidly. He introduced Howard LaFever and Tim O’Hara, Phosphorus Removal Project Manager from Stearns and Wheler. Mayor Gilmore commented that C.O. Falter came in at a price of approximately $140,000 less than the other bidders, which was impressive. Should the Village feel reluctant to use them in the future? LeFever said that in their dealings with Falter, when you are near finishing the project, there is usually some sort of issue that needs to be resolved. Gilmore then asked LaFever if he is confident that we are not a significant phosphorus contributor to creating weed, etc. to this end of Cayuga Lake? Tim O’Hara answered that the results are positive. New phosphorus has improved by an order of magnitude (10x better). The process needs to settle down and the plant needs to learn the new process. The plant operators are trying to become familiar with the new process to maximize performance. Supt. Cross discussed filling the vacant MEO position. As was requested, Cross previously forwarded a copy of an email from Laurie Johnston, Village Attorney, with her recommendations on moving forward subsequent to the appeal by the previous employee. As per her recommendation, we will be seeking a replacement under the standard hiring policies as dictated by Tompkins County Personnel. Motion by Mayor Gilmore Seconded by Trustee Donner Move to pass Resolution 6598 authorizing the Village Clerk to advertise for a replacement to fill the vacant MEO position. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES Supt. Cross further reported: On 10/21/09 inspectors from the US EPA were on site at the WWTP to do a periodic inspection and sampling of the treated water. This type of inspection happens approximately every 5 years and is unannounced. A summary report was received last week. In general, the inspection and results of the sampling were positive and only a few minor deficiencies were 4 found. Most of them were related to sampling equipment and the sample handling process. We have 45 days to respond. Cross has worked up a response with all items addressed. There were 7 items on the deficiency notice. The Ithaca Journal has foiled the document. Supt. Cross will be turning over a summary of actions with the EPA document to answer the FOIL request. **************************************************************************** Report of the Treasurer – Treasurer Silber distributed an additional abstract of 4 vouchers that needed to be paid outside of the normal abstract and asked for approval to pay. Motion by Trustee Bors Seconded by Trustee Donner Move to pass Resolution 6599 approving the additional abstract of vouchers in the amount of $3,089.70 and instructing the Treasurer to pay. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES Treasurer Silber wrote a letter of thanks from the Village to resident Peter Kuniholm for his gift to benefit the Cayuga Heights Fire Department. There was discussion regarding the salary of those running for office. The Mayor’s salary is currently $13,200 and the trustees have no salary. Silber stated that if the Board wishes to increase the salary of either the Mayor or to introduce payment of some kind for trustee services, they should do it now and not with the new budget with the newly elected Board. Since the Board was not aware of the salaries of the surrounding Villages in Tompkins County, they asked the Clerk to get those figures for the next meeting. *************************************************************************** Report of the Attorney – Attorney Marcus sent the Trustees drafts of 3 local laws to be discussed. The first was proposed Local Law #1 establishing a moratorium on the enforcement of a portion of Section 9 of the VCH Zoning Ordinance. Marcus stressed that if the Board goes ahead with this local law, the Board needs to work toward some change during the moratorium period. The proposed Local Law #2 is to establish a requirement that a zoning permit be obtained for any fence or wall to be erected. There was much discussion about how the Board could resolve the fence issue including SEQR timing, getting the Planning Board involved, 3 month moratorium vs. 6 month moratorium. After discussion, it was decided that the Planning Board, who is charged with working with ordinances, should come up with a recommendation to the Board of Trustees of a possible change to the fence ordinance OR no change at all. Therefore, the Planning Board (Martin Harms as Chair) should be copied on all emails/correspondence about planning and zoning issues. A straw vote on whether the moratorium should be 3 or 6 months was taken and the majority favored 6 months. And, the Board of Trustees should have on its agenda monthly during the moratorium period “Consideration of Fencing Ordinance” and progress needs to be made in order for the Courts to uphold the moratorium. Motion by Trustee Riesman Seconded by Mayor Gilmore 5 Move to pass Resolution 6600 setting the Public Hearing on Local Law 1 0f 2010, Establishing a Moratorium on the Enforcement of a Portion of Section 9 of the Village of Cayuga Heights Zoning Ordinance for February 16 at 7:00 PM at the Cayuga Heights Fire Station. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Motion by Trustee Supron Seconded by Trustee Szekely Move to pass Resolution 6601 setting the Public Hearing on Local Law 2 of 2010 at 7:05 PM, A Local Law Establishing a Requirement that a Zoning Permit be Obtained for any Fence or Wall. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES The Mayor asked Trustees Riesman and Szekely to inform Chairman Harms (PB) of the Board’s discussion on the fence issue. He also asked the Board to email both Trustees with any comments/thoughts they would like conve yed to Chmn. Harms. Motion by Trustee Supron Seconded by Trustee Szekely Move to pass Resolution 6602 setting the Public Hearing on Local Law 3 of 2010 at 7:10 PM, Amending Section of the Village of Cayuga Heights Zoning Ordinance Adding a Fitness Center to the List of Permitted Uses in the Village’s Commercial District. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES Trustee Riesman again stated that the Planning Board should be advised of these types of issues. Regarding the Newman Papers – Attorney Marcus drew up the Bill of Sale between Steven Hornbrook and the Village of Cayuga Heights, and Mutual Ownership Agreement between Cornell University and the Village of Cayuga Heights for the Newman Papers. The Board needed to approve and authorize the Mayor to sign both agreements. Motion by Trustee Szekely Seconded by Trustee Bors Move to pass Resolution 6603 authorizing the Mayor to sign the Bill of Sale for the Newman Papers. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES 6 Motion by Trustee Szekely Seconded by Trustee Supron Move to pass Resolution 6604 authorizing the Village of Cayuga Heights to enter into a Mutual Ownership Agreement with Cornell University for the Newman Papers and have the Mayor sign same. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES A letter was received by the Mayor Gilmore about a property on The Parkway with a sewer easement issue. The house is served by a sewer line that runs across property owned by the Ithaca City School District (CHES). There is no easement for this line. The property owner wants an easement from the School District and the School District will not give them one. The property owner wants the Village to accept the easement from the School District and enter into an agreement with the owner, or have the Village connect the property owner to the other sewer main on Upland Road. A request was made to have Attorney Marcus address issue. It was then discovered that Trustee Andolina had already been brought in on this and was working in concert with a member of the School Board (Brad Grainger) and the owner. It was suggested that since Trustee Andolina is familiar with the situation, Attorney Marcus will hold off on any action and let Trustee Andolina move ahead with it. The property owner was in the audience and said that she wasn’t aware that Trustee Andolina was involved. She asked to be brought up to speed on what was happening. Mayor Gilmore supported the Attorney’s suggestion that Trustee Andolina continue to take action to resolve the situation along with Supt. Cross and then report back to the Board. If a meeting is planned, the Mayor asked that the homeowners be informed. Trustee Privilege of the Floor Trustee Riesman stated that Planning Board issues were already discussed. She also wanted to comment on the recent TCAT bus route 30 changes. The residents have to take their complaints directly to TCAT. The change is not a municipal decision. Trustee Supron called Nancy Oltz but has not heard back from her yet. Trustee Bors asked when and why was the Northway reinforced. Supt. Cross stated that 2 summers ago, E. Upland and Northway were planned to be reinforced. When E. Upland was under construction, busses went on the Northway. Cross saw that Northway was a better route, and told TCAT that if they were going to permanently use Northway, he would reinforce it. Bors asked if E. Upland can be reinforced now. Cross said it is not feasible now. The Trustees would like the Police Dept. to give feedback on how the bus is stopping on The Parkway and what the car situation is when the bus stops. Report of the Mayor TCCOG (Tompkins County Council of Governments) asked for a list of 2010 member and alternate for each municipality. The Mayor is the member for the Village of Cayuga Heights, and Mayor Gilmore appointed Trustee Kate Supron as the alternate after alternate Trustee Donner stepped down. A resolution to this affect is needed. Motion by Trustee Riesman Seconded by Trustee Szekely 7 Motion to pass Resolution 6605 appointing Mayor Jim Gilmore as member and Trustee Kate Supron as alternate as the Village of Cayuga Heights’ members of Tompkins Council of Governments for 2010. Trustees Bors, Donner, Riesman, and Szekely Voted YES Mayor Gilmore and Trustee Supron ABSTAINED Motion by Trustee Bors Seconded by Trustee Donner Move to adjourn the meeting of the Board of Trustees at 10:10 PM. Mayor Gilmore, Trustees Bors, Donner, Riesman, Supron and Szekely Voted YES