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HomeMy WebLinkAboutOct 11 2011 BOT minutes.pdfVillage of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 1 Present: Mayor Supron, Trustees: Crooker, Hamilton, Karns, Riesman, Szekely; Attorneys: Marcus, Gutenberger; Treasurer Greenberg; Police Chief Boyce; Fire Superintendent Tamborelle; Superintendent Cross; Clerk Mills; Guest Speakers: Steven Felker; Planning Board Acting Chair Gillespie Absent: Trustee Andolina; Asst. Superintendent Frisbie Mayor Supron called the meeting to order at 7:05 PM Approval of Minutes – September 12, 2011 Motion: Trustee Szekely Second: Trustee Riesman Resolution #6951 to approve September 12th minutes as submitted with amendments. Discussion: none All approve – no nays; no abstains - Motion carried Report of Fire Superintendent Tamborelle  Submitted report  Fire Dept. is hosting the CHES auction  Open House on October 8th - the Open House was a great success. Due to the great weather, attendance was high.  Recruit class begins at the end of October – there are 11 candidates.  In the past the County has historically monitored many of the fire alarms throughout the County Dispatch. The County will still monitor all County buildings but all other alarms are going to go through a third party Dispatch. Pleasant Valley would install an alarm and recommend a third party out of Syracuse to monitor all fire alarms. They would then call Dispatch if they have an alarm. The third party would look at the code and determine if a Key holder could be called instead of sending a fire truck to the scene. Currently, 911 Dispatcher makes the determination now; they see the alarm and call the fire dept to respond to the alarm. The fire dept may need to break in and if the owner is away on vacation, they may have called the alarm company with instructions to call the owner on their cell phone. This should clean up some of the calls. The switch over will occur by January 1st. The Village will have to choose a vendor to supply this service and there will be a charge for this service – the County did not charge for this service. This is not a financial decision but one where the County’s equipment is getting old and would be costly to upgrade digitally, plus they are too busy to continue this service.  The Disaster Preparation/Emergency Preparation Drill at the airport is done every two years. Cayuga Heights and Lansing are primary for mutual aid to the airport. A full scale drill is done involving fire departments, ambulance, Red Cross, hotels, airlines – as if there is a major incident. Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 2 Guest Speaker Steve Felker  Mr. Felker is asking the Board of Trustee their permission to send a letter to the residents of Cayuga Heights asking for donations for the Cayuga Heights Fire Company. This funding will cover the extras such as recruiting, meals, shirts, high speed internet access to the building and other items like fitness equipment. Motion: Trustee Hamilton Second: Trustee Karns Resolution #6952 authorizing the Cayuga Heights Fire Company to solicit donations by letter from the Residents of the Village of Cayuga Heights. Discussion: none All approve – no nays; no abstains - Motion carried Report of Asst. Superintendent of Public Works Frisbie (absent) Superintendent Cross presented  Submitted report  The Kendal Crosswalk and Pleasant Grove Rd projects are completed  Paving: continuing to work on The Parkway and Klinewoods Rd project from 2010; Oak Hill was completed after the gas main was done; more paving is planned to be done on Cayuga Heights Rd and White Park Rd. Mayor read Privilege of the Floor statement @ 7:15PM R. Meyburg – was advised to speak about the fences to be allowed at 8 foot high. She is a new resident and has deer in her yard; she just doesn’t plant things they will eat. She spoke against 8 foot fences. D. LaCapra – has two residences 624 Highland & 502 Cayuga Heights Rd. and is against killing the deer over protection of plants. He would like to see more flexible fencing. M Tabacchi – asked for clarification on the two different proposed local laws for fences. Mayor Supron: there are two proposals to be looked at and voted on to schedule a public hearing The primary difference is 8 foot fencing at the rear and side property lines but not in the front. A more in-depth discussion will be addressed during the Mayor’s report. A. Druyan – Is against the deer culling and read from a written statement. E. Mount – spoke in favor of revising the fencing ordinance. (see appendix A) R. Bors – asked the Board to look at the petition signed by 352 residents who oppose the proposed fence changes. (see appendix A) C. Williams – reading from a letter on behalf of the newly formed Triphammer Road Residents Association. It has come to their attention that there is a signed petition circulating in the community calling on the Trustees to force all large commercial vehicles to use Triphammer and Pleasant Grove Roads exclusively when traveling through the Village. In the email asking people to sign the petition – the organizers state that this regulation Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 3 will help to preserve the peace and quiet of our residential neighborhoods. The residents of Triphammer Rd already bear the heaviest burden of any primary resident street in the Village – without pedestrian crossings, stop signs or reduced speed zone between the southern edge of Community Corners and Cornell campus. All residents have to cross this street, especially children – this is an extremely dangerous and busy road already. This association is in opposition to this petition that would force all commercial vehicles onto Triphammer Rd. and Pleasant Grove Rd. M. Friend – spoke in favor of the same petition afore mentioned. TCAT provides an important community service and their availability to the Village. TCAT was named the 2011 Outstanding Public Transportation System in North America by Washington D.C. because of the efficiency and effectiveness of their routes. M. Mindlin – Asked that the ZBA minutes be put back on the web site. Also, would like to know why the airport is using Village of Cayuga Heights as a flyover zone. She would like to see a public hearing regarding the addition to Marcham Hall. L. Ungberg – spoke against changing the fence ordinance. (see appendix A) G. Gillespie – would like to give a Planning Board update. He was asked to wait until the Mayor’s report to do so. R. Segelken – spoke against front yard fencing changes but would not oppose side and rear fencing. (see appendix A) C. Temple – spoke against the killing of deer and asked why the fencing has not been addressed because it would be a solution for people who have gardens. J. LaVeck – expressed his thoughts about the destroying of the deer and what has happened in Princeton. G. Vehar – supports the appeal and is against the destroying of the deer. Mayor Supron closed PoF at 7:48 pm Motion: Trustee Szekely Second: Trustee Karns Resolution #6953 to enter into Attorney – Client private session. All approve – no nays; no abstains - Motion carried Motion: Trustee Karns Second: Trustee Riesman Resolution #6954 to exit from Attorney – Client private session. All approve – no nays; no abstains - Motion carried No action taken in executive session. Break from meeting – back at 8:40 pm Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 4 Report of Mayor Supron Clarification of misstatements from Privilege of the Floor: Never has there been a million dollar a year plan on the table for implementation of the deer management program – there was several years ago a plan of a million dollars over ten-years – which is drastically different than a million dollars a year – and that budget was not approved. The Board can only allocate and approve a budget annually. Currently there is $75,000 in the budget for deer control. An application has been sent to the DEC for a permit for the deer control program – but it is a letter of application. It clearly states the sequence of events beginning with surgically sterilizing the core population of the does followed by the killing, culling, or harvesting of the herd and all deer harvested will be donated to the Southern Tier Food Bank.  Mayor Supron turned the meeting over to Graham Gillespie for a Planning Board update regarding the Comprehensive Plan. At the last meeting the economic piece was inserted into the Comprehensive Plan. Comments can be submitted to the Planning Board for review at its next meeting – October 24th. Attorney Marcus exited the meeting at 8:45 PM  Fences and Walls – Attorney Gutenberger clarified version 3 and version 4 o Version 3 does not allow any fences over 4 feet within the 15 foot set back on the side and rear yard and 25 feet set back in the front yard. o Version 4 does allow for 8 foot fencing on side and rear property lines with 90 percent transparent fencing above 4 feet. No fence over 4 feet is allowed in the front yard set back area. o To answer Mary Tabacchi’s question during the PoF – a fence would have the ability to close – not just 8 feet on the sides and rear but the entire property, so long as it is set back 25 feet from the front property line.. Discussion: Proposed version 4 to revise the fencing law maintains the 25 foot front set back within which fencing up to 8 feet in height can be erected with 90 percent transparency, meaning the deer fencing everyone is familiar with. The 25 feet in the front is not eligible for fencing. There has been a lot of discussion regarding fencing over the last few months; some people maintain the issue is not being addressed; others are frustrated by the circular nature of the process but this is the beauty of democracy. If an issue is not passed after a public hearing due to opposition of opinions or it needs revision then the process has to start all over again, which brings us to the present. Other residents ask if the deer program is going into effect why change the fencing ordinance now, and still others note that it could take several years to get the deer population under control. Trustee Szekely commented regarding exclosures – under version 4 – exclosure fences shall not exceed 75 percent of the total linear property line of any parcel of land. Exclosures do not help people who are gardening perennial plants because of having to continually open and close the exclosure protecting the plants. Trustee Karns indicated that Version 4 represents a great compromise with 90 percent transparent fencing that many can’t see, other than the support poles. This is a compromise that seems a reasonable way to approach the situation, especially as it is difficult to enforce the existing fence law because of time and resources. Adopting version 4 could cut the enforcement effort in half, which would be a considerable savings over time. Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 5 Trustee Hamilton takes seriously the number of people who have indicated they do not want a change to the fencing ordinance. Liberalizing the allowance for exclosures and the addition of 4 feet above the original 4 feet with transparency is a good compromise. Trustee Crooker has not changed his position in opposition to property line fencing in order to bring property owners into compliance. Trustee Riesman could support a temporary measure and does support allowing exclosures to protect certain plantings, but that is not what is being proposed. Mayor Supron indicated that she does not oppose property line fencing on any rear or side yards. Trustees Andolina and Hamilton worked together previously to come up with a proposal that was common ground from the two opposing viewpoints. The question of what is a fence arose, referring to wire strung between bushes. Attorney Gutenberger was asked to revise version 4 to change wording in Section D ii from “fluorescent or dayglow” to “not brightly colored”. Discussion continued… Superintendent Cross indicated that the proposed law does not distinguish between seasonal fencing and seasonal exclosure fencing. Motion: Trustee Karns Second: Trustee Szekely Resolution #6955 to schedule a public hearing on Version 4 Fences and Walls on November 14th at 7PM, at Marcham Hall. Discussion: none Approve: Mayor Supron, Trustees: Hamilton, Szekely, Karns –no abstains – nays: Trustees Riesman and Crooker - Motion carried Mayor Supron also indicated she is under the opinion that Trustee Andolina would be against this as well. Veterans Day is celebrated on November 11, 2011. Next item: Bolton Point rate increase Discussion: The Bolton Point finance committee submitted their annual budget with an increase of the whole sale water rate from $2.87 to $3.15 per 1000 gallons and is a 10% increase. They have cut $23,000 from the operating budget for coating the parking lot and retiling the production room floor. The basic infrastructure; water distribution mains, the tanks all have to be maintained and are nearing the end of their life span. Bolton Point is an older facility and their high tech elements need to be kept up to date such as their computer systems and internet. Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 6 The N Triphammer Rd transmission main replacement at a cost of $700,000 – each time there is a leak it gets repaired at many thousands of dollars that doesn’t mean that it doesn’t leak 5 feet down the line and none of that goes toward the cost – all would be dug up when the main has to be replaced – N Triphammer Rd main has reached the end of its life span. The Burdick Hill tank is one of the primary tanks in the Bolton Point system and is not in good repair and also needs to be replaced at a 1.2 million dollar project. There was an 8 percent increase last year which part of it was for capital projects – the rebuilding of filter number 2 – the Ridgecrest Rd tank was replaced. The age of the infrastructure and required maintenance accounts for the needed increase. Another large budget item is the State mandated payments to the pension fund and an increase in the health care rates. Visit the Bolton Point web site for more information. There have been many years where the rate has not changed and in 1999 and 2000 there was a 20 % decrease in the water rate. Those were years where the initial bonds were paid and they had no debt service. This year’s increase of 10 percent would be approximately $12.00 at the minimum bill. A study will be done to review the minimum charge at the 10,000 gallons of water. These charges are in line with the other municipalities. Motion: Trustee Karns Second: Trustee Riesman To Pass Resolution #6956 to Approve the Amendment to the Southern Cayuga Lake Inter- municipal Water Commission Agreement Increasing the Water Rate Charges and to Establish Such Amended Water Rate Charges for the Village of Cayuga Heights. WHEREAS, the Village of Cayuga Heights entered into an agreement of inter-municipal cooperation with several other municipalities creating the Southern Cayuga Lake Inter-municipal Water Commission ("SCLIWC") and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979, and which agreement has been subsequently amended from time to time (such agreement as so amended being hereinafter referred to as the "SCLIWC Agreement"); and WHEREAS, the SCLIWC Agreement included a schedule of the water rates to be charged, which schedule has been amended from time to time; and WHEREAS, the parties to the SCLIWC Agreement wish to amend the Agreement to increase the water rates, and a copy of the proposed amendment has been submitted to this Board for its approval; and WHEREAS, the Village of Cayuga Heights Board of Trustees finds it is in the best interests of the Village of Cayuga Heights and its citizens to effect the proposed water rate increases; NOW, THEREFORE, BE IT RESOLVED, that the Village of Cayuga Heights Board of Trustees, in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR") and 6 NYCRR Section 617.5, hereby determines that adoption of said proposed amendment and the establishment of water rates constitute a Type II action, constituting "routine or continuing agency administration and management, not including new programs or major reordering of priorities Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 7 that may affect the environment," and thus may be processed without further regard to SEQR; and be it further RESOLVED, that the Village of Cayuga Heights Board of Trustees hereby authorizes on its behalf the execution of the proposed amendment to the SCLIWC Agreement submitted to this meeting, approving thereby the amendment to the rate schedule so as to increase the water rates to be charged under the SCLIWC Agreement generally from $2.87 per thousand gallons of water to $3.15 per thousand gallons of water; and be it further RESOLVED, that upon the approval by all required parties of the proposed amendment to the SCLIWC Agreement setting the increased rate of $3.15 per thousand gallons of water, and concurrently with the effective date of such amended rate as provided for in the approved amendment to the SCLIWC Agreement, the Village of Cayuga Heights Board of Trustees hereby establishes the foregoing increased rate as the base rate chargeable to each owner of property that is provided with water service by connecting to the Village of Cayuga Heights Water System, all such water service charges being subject to the additional water rate surcharge (currently 100%) imposed by the Village from time to time by resolution of the Village Board of Trustees. Discussion: The average increase using the minimum of 10,000 per quarter is less than $12.00 per year whole sale and approximately $16.00 retail. Aye Votes: Mayor Supron, Trustees: Crooker, Hamilton, Karns, Riesman, and Szekely Next item: Tax Cap override Mayor Supron attended a conference presented by NYCOM about budgeting and the tax cap environment on what is excluded and what is not. Many communities in Tompkins County are the first to take the step by indicating they may override the tax cap and have the authority to override the tax cap. Our pension increases, even with the very complex formulas that we can discount a portion of the increase from it – but our pension and health increases and the contractually agreed upon wage increases may put us above the 2% tax cap for 2012. The law is written as such to vote to override the tax cap if the public hearing is held at the same meeting as the budget approval. But, it would be best to discuss this before the budget season. The County and Town of Ithaca have already chosen to override the tax cap. This is an opportunity for the Village to say to the State of New York that they do not get to dictate what the Village will be able to collect for property tax when they are telling the Village what they are to pay to them. Trustee Szekely would like to see projections for salaries, pensions and health for the coming year and the history of the Fund Balance – compared from the last few years. What monies have been left over and what categories of monies have not been spent in comparison to prior years and how it has changes in the prior years – is it in the contingency? Given our strong financial position that seems to have eroded in recent years – how much has it eroded and how quickly has it eroded – before voting on overriding the tax cap. Trustee Karns pointed out that this would be an opportunity to support the right of the option to do this if we want to – procedurally we should have the ability to use this tool if needed – this will not lessen the scrutiny of raising taxes at any point. This will be educational for the Trustees. Superintendent Cross indicated also wanting to see the same kind of information and has a more optimistic expectation that the information will be a non-negative trend. Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 8 Mayor Supron has requested a proposed local law to put before the Board along with the requested information from Treasurer Greenberg. Report of Police Chief Boyce  Submitted the report – with the exception of the printout of the parking tickets due to a computer problem with Sherpa.  Request to purchase a computer for the #124 vehicle – this is already in the current budget Motion: Trustee Karns Second: Trustee Hamilton Resolution #6957 to authorize Chief Boyce to purchase a computer for patrol car #124 not to exceed $3,000. Discussion: none All approve – no nays; no abstains - Motion carried  Request to put #124 police vehicle (the old car) to bid Motion: Trustee Riesman Second: Trustee Crooker Resolution #6958 to authorize the Clerk to post the Bid for the old #124 vehicle in the Ithaca Journal Discussion: none All approve – no nays; no abstains - Motion carried Report of Superintendent Cross  Submitted report  Resolution to authorize NYSEG to install a new lamp post & light on the new island at Kendal to match all the other street lighting. NYSEG owns the equipment (lighting) and charges monthly the use of the equipment (pole) $5.50 and then the electricity $7.52. Motion: Trustee Szekely Second: Trustee Hamilton Resolution #6959 to authorize NYSEG to install a new lamp post and light on N Triphammer Road for the island for the new crosswalk at Kendal and add them in the Village inventory. Discussion: No flashing light but a sign alerting the crosswalk ahead would be placed before winter was the closed timeframe they would give. All approve – no nays; no abstains - Motion carried Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 9 Next item: from a very old agreement with NYSEG they have indicated that as the old style mercury vapor street lights fail/needed replacing – they would be replaced with the newer high pressure sodium lights at no extra cost to us. NYSEG is not surprised that the Village lights haven’t been replaced –the replacement program is still in place but hasn’t yet completely cycled through. Next item: Village Hall and the footprint for the addition project. Will the footprint of the addition need a zoning variance? Do the Trustees, as the applicant wish to submit the project through the standard process or take advantage of an option that municipalities have the right to waive zoning for municipal functions? Discussion as to whether or not this addition needs a site plan review by the Planning Board – the Village has options. It was decided to submit all items through the standard procedures. Next item: DPW received the radios for the 800 MHz system and now removal of the pole can be initiated. Next item: the water rate billing mechanism for adding the sewer consumption charges to the present billing system needs to continue as time gets closer for the budgeting process but the Village needs to stay on top of the matter. Report of Clerk Mills  Submitted report The Deferred Comp has offered to begin in January 2012 as a payroll deduction, a Roth 457 plan. This plan (no cost to the Village; it would be a payroll deduction), would be to provide information to all employees the month of October with a target date of January 1st to begin the program. The monies collected for the Roth 457 are taxed up front dollars. Motion: Trustee Hamilton Second: Trustee Karns Resolution #6960 to make available to all employees the Roth 457 payroll deduction plan to begin January 2012. Discussion: none All approve – no nays; no abstains - Motion carried Next item: the contract with Verizon, A&T and LightLink – the Clerk’s office is working with two more carriers to bid out the current phone and internet charges. Report of Treasurer Greenberg  Submitted report – Filed the AUD with the State and has given a copy to the Clerk’s office. o The A Fund – the general fund had budget $240,000 of surplus - all but $30,000 has been used and budgeted $150,000 from contingency – all but $9000 has been used from contingency. o The F & G Fund returned $66,000 and $136,000 respectively to their funds as the expenses were less than anticipated. o Budget revisions were also included with the filing of the AUD Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 10 Motion: Trustee Karns Second: Trustee Riesman Resolution #6961 to approve the budget transfers to close the fiscal year of May 31, 2011 as outlined by Treasurer Greenberg. Discussion: none All approve – no nays; no abstains - Motion carried Motion: Trustee Riesman Second: Trustee Hamilton Resolution #6962 to approve the abstract and supplemental abstract as submitted by Treasurer Greenberg. Discussion: none All approve – no nays; no abstains - Motion carried Motion: Trustee Karns Second: Trustee Szekely Resolution #6963 to approve the engagement letter and approve CDLM to provide the financial audit 2010- 2011 not to exceed $8400. Discussion: none All approve – no nays; no abstains - Motion carried Report of Attorneys Marcus & Gutenberger  No comments for this meeting Trustee Privilege of the Floor Trustee Szekely would like to ask the other Village members who are on various boards and act as liaisons for the Village and provide a report of what has been happening on these various boards. Trustee Karns questioned how we would change the general election from March to November and whether the County would then be responsible to pay for the elections. Not only would the Village save money but the new members would have the opportunity to review the budget in a more timely fashion. Plus, the campaign season would be better. Attorney Gutenberger will look into the ramifications of the terms for these changes. The Fiscal year would not change only the date of election. Trustee Crooker indicated that the University Neighborhood Council group is not defunct. The University did not find this board useful and saw no purpose to continue it. He is not sure what will take its place but will watch for an opportunity for other interactions. Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 11 Mayor Supron has been approached by residents with the question regarding noise. At the moment there is not a local law in place to cover this topic. It might be a good recommendation to bring it to the forefront. These responses came about due to the local contractors and the construction noise at early morning hours. Trustee Szekely commented on the Comprehensive Plan and once this is adopted ask the Planning Board to look at Zoning and recommend a coherent set of zoning regulations A-Z. In the meantime, do we want to enact something because we don’t want to wait? Meeting Adjourned at 10:23 PM Submitted by: Clerk Mills Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 12 Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 13 Village of Cayuga Heights Board of Trustees October 11, 2011 194 Pleasant Grove Rd – CHFD Conf Rm Page 14