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HomeMy WebLinkAboutMinutes of Board Meeting November 8, 2010.pdfNovember 8, 2010 Board of Trustees Minutes Page 1 of 44 Village of Cayuga Heights Meeting of the Board of Trustees Present: Mayor Supron, Trustees Andolina, Crooker, Karns, Riesman, and Szekely, Attorney Marcus, Supt. Cross, Treasurer Silber, Police Chief Boyce, Fire Supt. Tamborelle, Clerk Mills Absent: Trustee Hamilton Others: G. Vehan, G. Gillespie, O. White, S. Hatcher, M. Mindlin, K. Sigel, C. Stein, D. Donner, SM VanDeMark, J. Stein, E. Huang, J. LaVeck ****************************************************************************** Public Hearing Mayor Supron opened the meeting of November 8th at 7:03 PM and opened the Public Hearing on: Proposed Local Law “G” of the year 2010 – A Local Law amending Local Law No. 1 of the year 1985 – expanding the residency requirement of appointed Village officers to include “Deputy Clerk” 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 Local Law No.1 of 1985 to include “Deputy Clerk” to the list of appointed officers that may reside within Tompkins County. The intent of this Local Law is to expand the geographical limits for residency of the “Deputy Clerk” of the Village of Cayuga Heights to the entire county in which the Village is wholly situated. 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 and (ii) Section 3 -300 of Village Law. SECTION III. EXPANSION OF RESIDENCY REQUIREMENTS FOR APPOINTED OFFICERS TO INCLUDE “DEPUTY CLERK”. As of the effective date of this Local Law, the appointed officers that may reside in Tompkins County, the County in which the Village of Cayuga Heights is wholly situated shall include: Clerk, Treasur er, Zoning Officer, and Deputy Clerk. 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and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect.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 provisio n. SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State November 8, 2010 Board of Trustees Minutes Page 2 of 44 No comments from the floor - Public meeting closed at 7:04 pm Mayor Supron asked for approval of the minutes for the Board of Trustees of October 12, 2010. Approval of Minutes Motion by Trustee Riesman Seconded by Trustee Szekely Move that the minutes of October 12, 2010 are hereby approved as submitted with several amendments made prior to tonight’s meeting by Attorney Marcus and Trustee Szekely’s name to be corrected for spelling. Before approval of the October 12th minutes, a motion was introduced to rescind the resolution passed on September 13th in which NYCOM's minimum standards for minute-taking were adopted. NYCOM requires only resolutions and local decisions to be recorded in the minutes, not the narrative history. History is used to review when interpretations are requested. Concern was raised by Attorney Marcus that the brevity of the minutes kept according to NYCOM's minimum standards would hinder future understanding of the tenor of past meetings. The motion was passed followed by adoption of the October 12 minutes with changes made by Attorney Marcus and Trustee Szekely’s name spelling to be corrected within the minutes, also the notes taken will be added to the minutes. Trustee Riesman agrees, a narrative and the detail is useful gives you something more than just seeing a resolution, but the background. Trustee Szekely agrees with Trustee Riesman find having the minutes available on the website to be helpful. Aye Votes: Mayor Supron, Trustees Crooker, Karns, Riesman, and Szekely, Trustee Andolina abstained. Motion by: Trustee Riesman Seconded by: Trustee Crooker Move to pass resolution No. 6741 to rescind the decision the Board made to adopt NYCOM format from the September 13th meeting and reinstate prior format for taking minutes at the Board of Trustee meetings Aye votes: Mayor Supron, Trustees Andolina, Crooker, Karns, Riesman, and Szekely All voted “Yes” – motion passed Privilege of the Floor November 8, 2010 Board of Trustees Minutes Page 3 of 44 Mayor Supron - we have a time-limit of the privilege of the floor of two minutes per person with a total of 30 minutes – there is a new timer that will be used, we ask that the Village of Cayuga Heights residents be allowed to speak first with any extra time going to the general public Catherine Stein – read from a prepared statement (a copy of which is attached) asking for clarification from the September 13, 2010 Village Board of Trustees meeting of the $275,000 state is slated in the draft budget plan for vaguely described duties related to the deer-killing program. Kirk Sigel – stated his view that sheds have always been regulated by the Zoning Ordinance and should continue to be regulated by the Zoning Ordinance. Gabriel Vehar – Spoke about the “Net and Bolt” causing post traumatic stress syndrome. Angie Baker – Spoke in opposition to deer population control and is in favor of fencing ordinance. Ann Serling – spoke strongly in opposition to lethal deer population control. Jenny Stein – read paragraphs from the submitted documents – NJ SPCA Opposes “Netting and Bolting” of Deer and a letter from Jack J. Schrier describing his personal experience as a member of the NJ Fish & Game Council. Scott Teel – spoke reiterating his invitation to debating with the Mayor and Board on deer population control. Objects to lack of “back and forth” dialogue. Mayor Supron closed the Privilege of the Floor. Report of the Mayor Motion by Trustee Szekely Seconded by Trustee Riesman Move to pass Resolution #6742 authorizing the Mayor to sign the contract between the Village of Cayuga Heights and George Frantz, as consultant for the Comprehensive Village Plan. Discussion by the Mayor, Trustees and Attorney Marcus – the initial agreement was generated some months ago, was reviewed at that time and it was revised and the revised version has been picked up and signed. It was agreed it is essential that the Planning Board finish the project and has a projected end date of August 2011. It was pointed out that the funding has already been approved at an earlier meeting and should be paid now. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed November 8, 2010 Board of Trustees Minutes Page 4 of 44 Attorney Marcus – The DEIS has 3 parts: The Board has to accept the DEIS as complete by resolution The Board has to then schedule a Public Hearing The Board has to adopt the DEIS Notice of Completion Motion: Trustee Szekely Seconded: Trustee Crooker Move to pass resolution # 6743 to accept the November 1, 2010 Draft Environmental Impact Statement (DEIS) as proposed by the Tim Miller Associates, Inc. Discussion – the document has been thoroughly reviewed in detail and this draft is very complete and it complies with the SEQR regulations. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Attorney Marcus - The requirement is actually that the comment period remains open for a minimum of 30 days from the date of filing or 10 days beyond the date of public hearing. The date of the hearing is up to the Board. SEQR does not require that the Board conduct a public hearing at all. But, you have indicated that you would want to have a public hearing to add this to the process. The timing requirement under the SEQR regulations is that the Board will accept public comment whether that be in writing, or delivered email, however it may come your way, for a period that extends 30 days beyond the filing of the notice that you will accept shortly or 10 days beyond the day of the public hearing, whichever is later. So if your public hearing is 30 days roughly from now then the later of those two is going to be 10 days beyond the public hearing. And, that is again for the acceptance of comments. In other words, the processing of all the comments into the final Environmental Impact Statement can’t really be done until after the 10 days has gone by. That is 10 calendar days not business days. A discussion occurred regarding dates of availability, somewhere other than Fire house – difficult for people to hear there at the last meeting. Clerk Mills will looking for a stenographer and will act as organizer. Set the date of December 6th beginning at 7:00 PM until done. Motion by Trustee Karns Seconded: Trustee Crooker Move to pass resolution #6744 to hold a Public Hearing for the DEIS on December 6th beginning at 7:00 PM until done or 10PM which ever comes first with the location to be determined. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, C rooker, Andolina Motion passed Clerk Mills to file Legal Notice of the DEIS November 8, 2010 Board of Trustees Minutes Page 5 of 44 Mayor Supron –there are several copies in the office if the Trustees would like to pick it up. A copy will be linked to the Cayuga Heights website tomorrow. There is a copy in the Kendal Library. There is a copy in the office that can be signed out. It will not be in the Tompkins County Library. We can also put a copy on disk in PDF format. Attorney Marcus – the word “Library” will need to be adjusted in the document to indicate what library, so the records accurately indicate where the document can be found. Trustee Szekely – will put a copy in the Kendal Library. Trustee Andolina – take the words “library copy” out of document and still drop off a copy at Kendal. Motion: Trustee Andolina Seconded: Trustee Riesman Move to pass resolution #6745 to adopt, file and publish the DEIS Notice of Completion with the words “library copy” deleted from the document. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Mayor Supron – Superintendent Cross and the Mayor suggested Michelle begin work on the fence survey. Discussion between all Trustees, Mayor and Brent regarding who would do the survey, how the survey would have to be done from the from public right of way, what would happen if a question of height of fence came up, is it within the set back ordinance, how to tell if is encroaching on neighbors property line, how many pictures to take, how would questions be handled if someone called about their neighbor, and what steps would take place by Brent to enforce local law? Regardless of reopening the issues on fencing and perhaps adopting permanent deer fencing over the temporary fencing which is in place now there would still be properties that would not be compliant. The survey needs to be done. It was indicated that Joe would be a better candidate to do the survey because of his knowledge of property maintenance and his work as code enforcement officer. However, he has a full-time job and may not be available, where Michelle has regular hours at the Village. This issue will be revisited at the December meeting. Next item : TCAT – The Mayor received a call from Nathan Brenner indicating Joe Turcot and Frank Proto would like to meet with the us about the bus route. Who would be appropriate to be in that discussion? Kate and Diana would be – anyone else in the community and Village professional staff – Brent perhaps. The goal would be to sit and listen to each other in a non- November 8, 2010 Board of Trustees Minutes Page 6 of 44 binding situation; would be confidential unless all parties at the table agree to disclose what has been discussed. Discussion summary: a suggestion that Tom Boyce and Brent Cross may be included in the meeting to add their expertise. This is a positive development. Does this pave the way toward the next step? The traffic study data as been collected and we are waiting for the report from SRF. We won’t be talking about people’s opinion. Gary Stewart does see this as an appropriate issue for TCAT as well. It was pointed out that the Village traffic study will help to inform at the confidential discussion, but is a public document. If we are going to invest in this issue we may want to get a commitment from Cornell in writing. It is in the very preliminary stages. Next item: Since the passage of Local Law 7 – Amending Local Law 3 of 2009 and Section 21 of the Village of Cayuga Heights Zoning Ordinance regarding Appointment of Alternate Members to the Planning Board and Zoning Board of Appeals, Mayor Supron would like to make the following appointments: of Mark Eisner and Alison Shull as Alternates to the Zoning Board of Appeals. Motion: Trustee Andolina Seconded: Trustee Riesman Move to pass resolution #6765 to appoint Mark Eisner as Alternate to the Zoning Board of Appeals. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Motion: Trustee Andolina Seconded: Trustee Szekely Move to pass resolution #6765 to appoint Alison Shull as Alternate to the Zoning Board of Appeals. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: TCCOG (Tompkins County Council of Government) – public hearing on gas drilling incurred an expense and they have no money – A subcommittee was formed to put together a small budget to be able to facilitate TCOGG items. The TCCOG board came up with a request of $250. This is a fund that will be used by TCCOG for the organizations activities. This is each municipality’s assistance to TCCOG for coverage of its expenses on behalf of the municipalities that are participating. It was discussed that TCCOG does not run into expense items on a regular basis. The Town of Ithaca and County donate time and administrative support. November 8, 2010 Board of Trustees Minutes Page 7 of 44 Motion: Trustee Andolina Second: Trustee Szekely Move to pass resolution #6748 to provide a fund of $250 as the Village of Cayuga Heights assistance to TCCOG to cover incidental expenses incurred on behalf of the municipalities participating in the program. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Report of the Planning Board- Planning Board member Graham Gillespie provided a slide show and presented a summary of the Comprehensive Plan – Goals and Objectives. The Planning Board sees the center as an important part of the Comprehensive Plan. George Franz’s class did a lot of the leg work and now the Board is going the next step. What is the potential of the Center. We are getting more direct input from the community; some are very happy about the concept, others want to see more. One way may be to utilize a charrette team through the National Charrette Institute. These people direct a session over a period of days with members of the community and business to achieve a common goal; making our Community Corners and Village Green more of an active and better functioning asset. Another ‘next step’ is to secure funding, bringing in all the stakeholders in the Village Center as part of the Comprehensive Plan – those people who will be directly affected by the benefit. Bringing a charrette team here will be an estimated $13 to $20,000; it will depend upon what makes sense for the Village. Some of the first steps would be; bus stops, signage – a little more cohesiveness, relying more from the business owners. Others may be keeping the “green space” and building up instead of out. Finding potential consultants – examples where mediating, with modest charges, who looked into what we are all about here in the Village. People who would like to do work and are excited about the possibilities with suggestions like “incentive zoning”. Would like to see some new places of interest, such as a place for people to meet – have breakfast – coffee shop – a green zone for children. However, the Planning Board is prohibited from fundraising. They have not authority to do so. Any and all private donations will be accepted through the Village General Fund. Village Trustees have the legal authority to spend funds. Report of Fire Supt. – I have sent out my monthly report. The 202 fire truck is on order we have less than 200 days before delivery, other than this I do not have anything to add at this point. Does anyone have any questions? Five minute break (9:30) Resume (9:36) Report of Supt. Public Works – would like Board input as to the example of optional lightning for the room. We are looking to line both sides of the room with the indirect lightning so it will November 8, 2010 Board of Trustees Minutes Page 8 of 44 bounce off the white of the ceiling. We will get a quote for the electrical work, a quote for the woodwork that will house the lightning and “spot lights” for the fans. Discussion of the sheds – there is a draft version of a new local law that will address the issue of sheds and will see a public hearing at the next meeting for this new local law. There are differences of opinion in interpreting the current law as to when a permit is or is not needed. The proposed law is a draft – a collection of comments from various people on how this regulation should work. The main focus of this draft is should the Village regulate or not regulate sheds –then that would put the Village in the position of not having the shed issue be subject to interpretation and go forward. Modifying the local law will allow definition and direction for the code officer to be able to enforce non-compliance and benefit the property owners to know exactly what is permitted from size to location. Part of the discussion also included whether to say there will be “no” sheds in the front yard or that there will be “no” sheds in the “set back” in the front yard. Make definition as to setback, whether or not to allow in the front yard; make as detailed a definition to take away the interpretation element. The goal of this particular Local Law is to say that any shed that falls within the said criteria would be exempt from a permit. No permanent foundation, not affixed to the ground, and cannot be occupied by a person. Motion: Trustee Andolina Second: Trustee Crook Move to pass resolution #6749 to schedule public hearing at 7:00 pm December 13th for proposed Local Law “I” of the year 2010 Establishing an Exemption for Portable Sheds from the Zoning Permit Requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: Kendal Crosswalk – a memo was sent indicating a cost estimate in the neighborhood of $10,000. Now, how do we allocate cost to Kendal? We would have to recover the direct cost and labor cost – there is a meeting scheduled with Kendal in the near future to discuss this. If we get a commitment from Kendal regarding their financial support, could we begin the construction without having to wait for the next Board meeting? A discussion and consensus was yes as long as there is a written commitment from Kendal to honor the terms of the site plan approval. Motion: Trustee Szekely Second: Trustee Riesman November 8, 2010 Board of Trustees Minutes Page 9 of 44 Move to pass resolution #6750 to allow the Village of Cayuga Heights to begin construction at the Kendal Crosswalk site pending the written commitment as recommended by the Traffic consultant. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item – Ingraffea claim to the Village of Cayuga Heights for damages to their basement from flooding due to unforeseen sewage overflow. The resident believes he has a claim and this will be discussed in executive session. Next item – Proposed Local Law “H” – A Local Law amending the Village of Cayuga Heights Zoning Ordinance to Permit Local Tourist-Oriented Directional Signs within Designated areas of the Village of Cayuga Heights. Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follow s: SECTION I. PURPOSE & INTENT. It is the purpose and intent of this local law to amend of the Village of Cayuga Heights Zoning Ordinance so as to: A. Authorize, with a permit and Planning Board approval, local tourist -oriented directional signs within designated areas of the Village of Cayuga Heights; B. Clarify the permitted locations of local tourist-oriented directional signs within designated areas of the Village of Cayuga Heights; and C. Designate the Superintendent of Public Works of the Village of Cayuga Heights as the individual responsible for providing certain approvals for the specific location of local tourist -oriented directional signs permitted within or adjacent to a public or private right -of-way, and to clarify such approval process. SECTION II. AMENDMENT TO THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE. Article IX (entitled "Zoning") of the Village of Cayuga Heights is hereby amended to include a new Section, entitled Local Tourist-Oriented Directional Signs, as follows: LOCAL TOURIST-ORIENTED DIRECTIONAL SIGNS A. Definitions: Local tourist-oriented directional sign -- any ground-mounted free-standing directional sign [other than a New York State tourist-oriented directional sign (separately defined herein) over which the Village has no jurisdiction] to be situated within the Village of Cayuga Heights that is (i) to be used to provide local directional guidance (i.e., subsequent turns or critical decision points) to a tourist oriented business within the Village as a supplement to a New York State tourist-oriented directional sign situated at an intersection on a conventional highway or expressway, and (ii) required in accordance with the New York State Supplement to the National Manual of Uniform Traffic Control Devices and as part of the approval by the New York State Department of Transportation of a New York State tourist-oriented directional sign; such tourist-oriented businesses within the Village include gas stations, restaurants, hotels, motels, resorts and golf courses. New York State tourist-oriented directional sign -- any directional sign (i) under the jurisdiction of New York State, (ii) for use to guide traffic from the New York State numbered route system to November 8, 2010 Board of Trustees Minutes Page 10 of 44 tourist-oriented businesses not located on the system, and (iii) provided for in the New York State Supplement to the National Manual of Uniform Traffic Control Devices. B. The following signs are permitted with a permit and Planning Board approval: 1. Local tourist-oriented directional sign (see definition herein) no greater in size than two and one- half (2.5) square feet and the top of which being no higher than nine (9) feet above the ground. a. Prior to the issuance of the required permit for a local tourist-oriented directional sign, the proposed sign must be approved by the Planning Board of the Village of Cayuga Heights. b. Upon receipt of a completed permit application for a tourist-oriented directional sign, such application shall be referred by the Zoning Officer to the Planning Board Chairperso n, whereupon (i) the application shall be scheduled for review by the Planning Board within thirty-one (31) days following the receipt of the application by the Planning Board Chairperson (or such subsequent meeting date to which the Planning Board Chairperson and applicant may agree); and (ii) the applicant shall be notified by the Zoning Officer of such scheduled meeting date. No public hearing shall be required. The Planning Board's determination shall be made within thirty-one (31) days following the meeting at which the application is reviewed by the Planning Board; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. c. No approval of a local tourist-oriented directional sign will be granted by the Planning Board unless the proposed sign meets all of the following requirements: (i)such local tourist-oriented directional sign will not obstruct or impair vision or traffic, or in any way create a nuisance, hazard or otherwise be detrimental to or endanger the public health, safety or general welfare; (ii)such local tourist-oriented directional sign will not be injurious to the use and enjoyment of other property in the vicinity or neighborhood; (iii)such local tourist-oriented directional sign is appropriate in appearance and in harmony with the design and color of the New York State tourist-oriented directional sign (see definition herein) giving rise to the necessity for such local tourist-oriented directional sign; (iv)the specific location of such local tourist-oriented directional sign is approved by the Village Superintendent of Public Works. Signs may not be erected or maintained within a public or private right-of-way without the written approval of the owner of such right-of-way and any authority having jurisdiction over such right-of-way, if any. d. Any previously approved local tourist-oriented directional sign shall be removed in the event that (i) it is no longer required in accordance with the New York State Supplement to the National Manual of Uniform Traffic Control Devices as part of the approval by the New York State Department of Transportation of a New York State tourist-oriented directional sign, or (ii) it is no longer required because the York State tourist-oriented directional sign originally necessitating the local tourist-oriented directional sign has been removed. In the event that the Zoning Officer determines that removal of the local tourist -oriented directional sign so required, he or she shall so notify the record owner of the sign at the owner's last know November 8, 2010 Board of Trustees Minutes Page 11 of 44 address by registered or certified mail, (return receipt requested), such notice to provide a period of thirty (30) days from the date of such written notice for the sign to be removed. If the sign is not removed within the required thirty (30) day period, the Zoning Officer may remove the sign and thereafter assess all costs and expenses incurred in such removal against the record owner of such sign. SECTION III. 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 super ceded to the extent necessary to give this local law full force and effect. SECTION IV. 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 V. EFFECTIVE DATE. This Local Law shall be effective upon (i) its filing in the office of the Secretary of State and (ii) ten (10) days after publication and posting as required by law; provided, however that it shall be effective from the date of service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Discussion: It was noted that the DOT allows private business to display their names on signs located on the State and Federal highways under the condition that the municipality also allow DOT to put up a sign helping people to their destination- in this case would be on the ramp. This is generic to any such request that might come before the Village and goes hand –in –hand requirement with DOT. We don’t give permission to put one in the Village unless the DOT does and DOT will not give permission unless the Village does. The text of this local law is taken from the Village of Lansing local law that was requested for similar reasons from a Lansing business for a sign on Route 13 but this is still a generic law and can be used for different scenarios. It involved a bit of approval process, the Planning Board to consider the proposed sign; where it is to go and what it’s going to look like. It’s been determined this extra administrative requirement of having to go to the Planning Board has been a deterrent in this process. Businesses are not flooding the Board with requests. When discussing this prior we were talking about ways to keep the number of requests down; to avoid having an endless parade of signs along the road. The DOT will only allow between 4 to 8 signs at most. We also discussed charging an application fee, licensing fee, or an annual fee; similar to what businesses pay for a billboard. Once the Planning Board gives approval then the Public Works will have to approve as well, giving the Village the opportunity to view design. Would probably be a metal sign, steel plate – being uniform. DOT allows a maximum 12 signs – 4 to the right, 4 to the left and 4 straight Motion: Trustee Karns Second: Trustee Szekely November 8, 2010 Board of Trustees Minutes Page 12 of 44 Move to pass resolution #6751 to hold a Public Hearing for the proposed Local Law “H” on December 13th beginning at 7:05 PM. Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: Superint. Cross - Letter from Dave Herrick and progress report on the water consumption project and will be ready for the December meeting. Next item: Superint. Cross – We received a map from TG Miller identifying the location for the proposed Pleasant Grove bus stop/shelter which we will negotiate an easement agreement with the Kimball group and will report more at the December meeting. Next Item: Trustee Szekely – Level Green Landscaping for 825 Hanshaw Road for $1,342 is the cheapest of the proposals – to purchase Wintergreen boxwood and privet hedging along Hanshaw. Motion: Trustee Szekely Second: Trustee Andolina Move to pass resolution $6752 to accept Level Green Landscaping bid for the work to deliver and install shrubbery at 830 Hanshaw Road property in the Spring of 2011. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: Trustee Szekely received a thank you note from Mrs. Vanek for work done and removal of two trees on the Village right-of-way near her home. Thanks to the Public Works crew. Report of the Police Chief – The question of overtime is 92 hours – if any questions, please ask. Bret Cary - a long time, part-time officer is resigning effective now and then I would like a resolution passed to begin the search for a replacement. Motion: Trustee Andolina Second: Trustee Karns Move to pass resolution #6753 to accept the resignation of Bret Cary and begin a job search to replace him. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed November 8, 2010 Board of Trustees Minutes Page 13 of 44 Next item: The old patrol car, 2006 Dodge Durango SLT Sport Utility vehicle, is ready to be advertised for sale. Motion: Trustee Andolina Second: Trustee Crooker Move to pass resolution #6754 to accept solicit bids for 2006 Dodge Durango SLT Sport Utility vehicle No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Report of the Clerk –Information to the Board regarding Senior Citizen established limits of $17,500; income that is used to determine the level of exemption; and, the possible inclusion of the Village approving adding the Disability exemption. There is a handout showing the sliding scale of income used by the various municipalities in the county. The last time the Village adjusted this exemption was 1995 by local law. This will be tabled until the December meeting. Decisions will need to be done prior to March 1st 2011 which is taxable status date. Next item: Healthcare Consortium – a presentation was given by Excellus and Medico for the program to be started by January 1st. There are websites and phone numbers that are accessible to everyone. Claims are processed through Excellus and this program seems to be working well. November 8, 2010 Board of Trustees Minutes Page 14 of 44 Next item: List of unpaid Village of Cayuga Heights taxes needs to be given to the County Budget and Finance office to be included on the January Town and County tax bill. Motion: Trustee Andolina Second: Trustee Crooker Move to pass resolution #6755 to submit to the Tompkins County Budget and Finance office all the 2010 unpaid Village of Cayuga Heights tax bills. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Report of the Treasurer – there were several handouts sent to the Trustees covering several reports. Please advise if you have questions. Motion: Trustee Andolina Second: Trustee Crooker Move to pass resolution #6756 to re-appropriate funds for the Village of Cayuga Heights Fire Department. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: The auditors are here now and will be over the next couple of days with an audit report due by the first of the year, 2011. There are 2010 transfers and 2011 transfers that will need a resolution. Motion: Trustee Andolina Second: Trustee Szekely Move to pass resolution #6757 to approve the transfers as submitted. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed November 8, 2010 Board of Trustees Minutes Page 15 of 44 Motion: Trustee Andolina Second: Trustee Riesman Move to pass resolution #6758 to approve the Abstract and supplemental abstract as submitted. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Motion: Trustee Riesman Second: Trustee Crooker Move to pass resolution #6759 to approve the new signatures on the signature card for bank/check writing authority. No discussion follows Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Next item: Mayor Supron is requesting a resolution adopting/approving the $.22 water rate increase to be effective on January 1, 2011. The additional $.10 is to fill the fund balance. There is a need to determine if this is an increase for the Fund balance or Capital fund. Are these funds for emergencies? When they wanted a new building to be built the Fund Balance was used. This is a more explicit, “to be used as”. This is in a new phase, the bonding has been paid off and the Capital infrastructure is pretty reliable. Bolton Point is unique. The State Comptroller indicates that you can have no more that 5 to 10% in the Fund balance. This item is postponed until the December 13th meeting. Treasurer Silber has indicated he will be out of town for the December 13th meeting. The Fund has a very healthy balance – may want to consider setting aside as a debt service – possibly for large portion of Bond. Report of the Village Attorney – items from the attorney have been addressed by others. Next item: Trustee Szekely has made available in the vestibule of Marcham Hall a stack of flyers for a project promoting the compilation of modest histories of private homes on behalf of Tompkins County Historian and Cayuga Heights resident Carol Kammen and her municipal historian colleagues. A workshop to encourage Village residents to participate in the home history project may be held in the spring. November 8, 2010 Board of Trustees Minutes Page 16 of 44 Motion: Trustee Riesman Second: Trustee Karns Proposed Local Law “G” - A Local Law amending Local Law No. 1 of the year 1985 – expanding the residence requirement of appointed Village Officers to include “Deputy Clerk” Purpose and Intent The purpose of this Local Law is to amend Local Law No.1 of 1985 to include “Deputy Clerk” to the list of appointed officers that may reside within Tompkins County. The intent of this Local Law is to expand the geographical limits for residency of the “Deputy Clerk” of the Village of Cayuga Heights to the entire county in which the Village is wholly situated. Discussion: Local Law “G” is exempt from SEQR under Section 617.5(c)20. Motion to pass resolution #6760 for Proposed Local Law “G” - A Local Law amending Local Law No. 1 of the year 1985 – expanding the residence requirement of appointed Village Officers to include “Deputy Clerk” Aye Votes: Mayor Supron, Trustees, Riesman, Szekely, Karns, Crooker, Andolina Motion passed Motion: Trustee Szekely Second: Trustee Andolina Motion #6761 to enter Executive Session at 11:15 pm to discuss proposed litigation and personnel issues . Mayor Supron, Trustees Andolina, Crooker, Karns, Riesman and Szekely VOTED Yes. Motion: Trustee Riesman Second: Trustee Crooker Motion to exit Executive Session at 12:00 am. Mayor Supron, Trustees: Andolina, Crooker, Karns, Riesman and Szekely VOTED Yes. Motion: Trustee Riesman Second: Trustee Szekely Motion to adjourn the meeting at 12:01 am. Mayor Supron, Trustees: Andolina, Crooker, Karns, Riesman and Szekely VOTED Yes. 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