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HomeMy WebLinkAboutNov 14 2011 BOT minutes.pdfVillage of Cayuga Heights Board of Trustees November 14, 2011 Page 1 Present: Mayor Supron, Trustees: Karns, Andolina, Crooker, Hamilton, Riesman, Szekely, Attorney Gutenberger, Fire Chief Tamborelle, Police Chief Boyce, Sgt. Steinmetz, Superintendent Cross, Asst. Superintendent Frisbie, Treasurer Mangione, Deputy Clerk Podufalski Mayor Supron called the meeting to order at 7:05 PM Public Hearing – Proposed Local Law “I” - Fences and Walls M. Mindlin- Consider limiting front line property line to one line and revisit the issue of set backs. D. Donner- spoke against changing the existing fence ordinance. (see statement appendix A) R. Bors- spoke against the changing of the existing fence ordinance. (see statement appendix A) J. Stein- New proposed law discriminates against residents who have smaller or irregular shaped lots. Spoke about setting a historical site in those areas. J. Silberman – spoke in favor of the proposed change to the fence ordinance. (see statement appendix A) S. Grubb- spoke in favor of proposed revision to the fence law allowing 8 ft high fencing, but feels there are issues with proposed law regarding the color of the fencing. E. Mount- spoke in favor of proposed revision to the fence law and resents the scare tactics that have been used to make people think that all properties will be fenced. G. Vehar- spoke in favor of reasonable 8 foot fence ordinance to unite community R. Parker- does not like fences but spoke in favor of the proposed fence ordinance it is a step in the right direction. J. Cowan- asked to separate the color of the fence from the posts used. Please keep permit costs down and the seasonal fencing and exclosure fencing should be year round. Brian Eden- other municipalities do not have issues with fencing such as the Village does. The fence is a broader issue. Believes the set-back comments will be confusing to some. Barbara Eden- believes the fence line should be property line. C. Temple- referenced a copy of October’s New Yorker and felt the threat against the Mayor at last month’s meeting was unfounded. E. Root- Suggested deer repellant, people have fence phobia, co-exist with the deer. A. Baker- trustees are making the process more difficult with extensive fence definitions. Mayor Supron closed the floor for the Public Hearing at 7:36PM. Approval of Minutes – October 11, 2011 Motion: Trustee Szekely Second: Trustee Karns Resolution #6968 to approve October 11th minutes as submitted with noted corrections. Discussion: none All approve – no nays; Trustee Andolina abstains - Motion carried Village of Cayuga Heights Board of Trustees November 14, 2011 Page 2 Approval of Special Meeting Minutes – November 3, 2011 Motion: Trustee Hamilton Second: Trustee Riesman Resolution #6969 to approve November 3rd minutes as submitted. Discussion: none All approve – no nays; Trustee Szekely abstains - Motion carried Privilege of the Floor (PoF) The Mayor suspended Privilege of the Floor due to a challenge that was brought forth against the current policy. The Board will evaluate before a decision is made to reinstate. The public is encouraged to submit any comments in writing. Report of Fire Superintendent Tamborelle  Submitted report – no discussion Report of Asst. Superintendent DPW Frisbie –  Submitted report- Board previously emailed questions which will be answered the following day.  Update – Capital Projects are complete. Kendall cost tracking is almost complete.  Salt has been ordered and cost is expected to remain within the budgeted amount. Report of the Mayor Attorney Gutenberger stated that Privilege of the Floor is a “Privilege” and not a “Right.”  Proposed Local Law “I” -Fences and Walls Attorney Gutenberger read the SEQR questions and recorded the findings of the Board. It was determined that the law will not have a negative impact. Motion: Trustee Karns Second: Trustee Szekely Resolution #6970 to adopt the SEQR findings for proposed local law “I” Fences and Walls. Discussion - none All approve – no nays or abstains - Motion carried Village of Cayuga Heights Board of Trustees November 14, 2011 Page 3 Motion: Trustee Hamilton Second: Trustee Karns Resolution #6971 to approve proposed local law “I” Fences and Walls. Discussion: Mayor Supron and Trustee Szekely explained some of the revisions to the new proposed law from the previous version. The prior version definition was not as clear in the previous version and additional protection within the 25 foot front yard set back zone with regard to exclosure fencing and seasonal fencing that were not present in the previous version. Section D – fences exceeding 4 feet in height excluding special fences shall be allowed at the front property line in the front yard set back seems clear. The board discussed removing the requirement that the entire fence be one color. It was determined that requiring that none of the materials of the fence be brightly colored was sufficient. Ayes – Trustees Karns, Szekely, Hamilton, Mayor Supron Nays - Trustees Andolina, Riesman, Crooker Motion carried  Marcham Hall Addition The final plans from the architect have been received. The committee recommends to move forward with the plan and to submit the application to the Planning Board for site plan review and onto the Zoning Board of Appeals for an area variance. Motion: Trustee Karns Second: Trustee Hamilton Resolution #6972 to authorize the Mayor to submit the application to the Planning Board for site plan review and to the Zoning Board of Appeals for an area variance. All approve – no nays or abstains - Motion carried Superintendent Cross announced the Planning Board has scheduled a special meeting to take place on Wednesday, November 16th for the site plan review and to schedule a public hearing. The next scheduled Zoning Board of Appeals meeting will be on December 5, 2011. Costing out project- Larry Sharpsteen has submitted a proposal for his services to cost out materials for the project in an effort to save money on finding materials at the lowest cost. Motion: Trustee Szekely Second: Trustee Riesman Resolution #6973 to enter into an agreement with Larry Sharpsteen to cost out materials for the Marcham Hall project. All approve – no nays or abstains - Motion carried  Update on Lyme disease in Tompkins County – Trustee Szekely Village of Cayuga Heights Board of Trustees November 14, 2011 Page 4  Mayor Supron received a letter from Zoning Board of Appeals member, Bob Powers, resigning from the board. There is now a vacancy on the Zoning Board of Appeals.  Deidre Hay has expressed interest in filling the vacant alternate position on the Planning Board. Mayor Supron would like to appoint her to fill the vacancy. Motion: Trustee Hamilton Second: Trustee Riesman Resolution #6974 to appoint Deidre Hay to the vacant alternate position on the Planning Board. All approve – no nays or abstains - Motion carried Report of Police Chief Boyce -  Submitted report- Chief Boyce made one correction- 3 deer impaled themselves on fencing in the past month; not four. Motion: Trustee Crooker Second: Trustee Karns Resolution #______ to purchase a speed monitoring and traffic data collection sign not to exceed $4,000. Discussion: Trustee Andolina questioned whether this equipment was a necessity for this year. Need to consider upcoming budget process. Board discussed whether equipment was an immediate need. Motion tabled. Report of Superintendent Cross –  Submitted report Motion: Trustee Karns Second: Trustee Andolina Resolution #6976 to authorize Mayor to sign 12 month extension of NYSDEC Consent Order for the Phosphorus Filtration at the WWTP. All approve – no nays or abstains - Motion carried Superintendant Cross requested 3 year renewal of contract with Yaw’s Environmental Process Control for operation of the WWTP which includes a 3% per year increase. Trustee Andolina questioned whether other companies have been considered and asked when the last time the contract was out to bid. Superintendent Cross stated the contract has not been out to bid in recent years. Board questioned reason for 3% per year increase. It was decided it would Village of Cayuga Heights Board of Trustees November 14, 2011 Page 5 be helpful to have Jerry Smith from Yaw’s attend a Public Works meeting to answer questions regarding the contract. Superintendent Cross informed the Board the previous contract expired on June 1st and recommended the Board at least approve a one year renewal effective from June 1st while more information is obtained. Motion: Trustee Andolina Second: Trustee Riesman Resolution #6977 to approve a 1 year contract renewal with Yaw’s Environmental Process Control for operation of the WWTP. All approve – no nays or abstains - Motion carried Motion: Trustee Karns Second: Trustee Andolina Resolution #6978 to approve a 1 year extension of the Village participation in the Tompkins County Drug and Alcohol Testing Consortium. All approve – no nays or abstains - Motion carried Motion: Trustee Andolina Second: Trustee Hamilton Resolution #6979 to approve a 5 year extension of the Intermunicipal Agreement for Shared Services with the Tompkins County Highway Department. All approve – no nays or abstains - Motion carried . Report of the Clerk – Deputy Clerk Podufalski attending for Clerk Mills  Submitted report Motion: Trustee Andolina Second: Trustee Szekely Resolution #6980 to submit to the Tompkins County Budget and Finance office all the 2011 unpaid Village of Cayuga Heights tax bills which cover unpaid amount of $7,789.40, penalties of $623.15 and service charge of $12.00 for a total of $8,424.55 All approve – no nays or abstains – Motion carried  Due to ongoing issues with the server upgrade, Sherpa has recommended a Spam and Virus Firewall. The Board would like more information and requested the treasurer review the budget before authorizing the purchase. Village of Cayuga Heights Board of Trustees November 14, 2011 Page 6 Report of the Treasurer Mangione –  Submitted report Motion: Trustee Andolina Second: Trustee Crooker Resolution #6981 to approve the Abstract dated November 14, 2011 in the amount of $323,791.63 and instruct that the treasurer make payments thereon. All approve – no nays or abstains – Motion carried Motion: Trustee Karns Second: Trustee Andolina Resolution #6982 to approve Fire Station Bond payment of $55,000 to Chase Manhattan Bank on November 15, 2011 via wire transfer. All approve – no nays or abstains– Motion carried Motion: Trustee Andolina Second: Trustee Szekely Resolution #6983 to accept the highest bid of $7,528.26 for former police vehicle #124. All approve – no nays or abstains– Motion carried Report of Attorney Gutenberger- Attorney Gutenberger covered research regarding the possibility of and the pros and cons of moving the Village election from March to the national election date in November. If the elections are moved to November it would extend the Board member’s terms that would be due for re-election. A resolution would need to be passed at least 120 days prior to the date change. Attorney Gutenberger is waiting on more information from the Tompkins County Board of Elections regarding any cost saving benefits. Trustee Privilege of the Floor – Trustee Riesman urged the Board to move forward with providing the Planning Board any feedback on the Comprehensive Plan. The Board requested an updated draft. Motion: Trustee Szekely Second: Trustee Andolina Resolution #6984 to enter into private session at 10:25 PM for attorney-client privilege communication. Discussion: none All approve – no nays or abstains – Motion carried Village of Cayuga Heights Board of Trustees November 14, 2011 Page 7 Motion: Trustee Andolina Second: Trustee Szekely Resolution #6985 to exit private session at 11:15 PM Discussion: none All approve – no nays or abstains – Motion carried No actions taken in private session Meeting adjourned at 11:15 PM Submitted by: Deputy Clerk Podufalski Village of Cayuga Heights Board of Trustees November 14, 2011 Page 8 Village of Cayuga Heights Board of Trustees November 14, 2011 Page 9