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HomeMy WebLinkAboutMar 12 2012 minutes.pdfVILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 1 Present: Mayor Supron, Trustees Crooker, Karns, and Szekely, Attorney Gutenberger, Treasurer Mangione, Superintendent Cross, Fire Superintendent Tamborelle, Clerk Mills Absent: Trustees Andolina, Hamilton, Riesman, Asst. Superintendent Frisbie Mayor Supron called the meeting to order at 7:03 PM Public Hearing: Proposed Local Law “B” of the Year 2012 – A Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-C Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section 1 Legislative Intent: It is the intent of this local law to allow the Village of Cayuga Heights to adopt a budget for the fiscal year commencing in 2012 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Section 2 Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c which expressly authorizes a local governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3 Tax Levy Limit Override: The Board of Trustees of the Village of Cayuga Heights, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing in 2012 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 Severability: If a court determines that any clause sentence paragraph subdivision or part of this local law or the application thereof to any person firm or corporation or circumstance is invalid or unconstitutional the court order or judgment shall not affect impair or invalidate the remainder of this local law but shall be confined in its operation to the clause sentence paragraph subdivision or part of this Local Law or in its application to the person individual firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. D. Kiefer – strongly supports this proposed Local Law “B” as prudent and forward looking. M. Tabbachi – asked several questions on how the taxes were going to be spent. (see statement in appendix A) Mayor Supron closed the Public Hearing @ 7:05 VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 2 Approval of Minutes Motion: Trustee Karns Second: Trustee Szekely Resolution #7027 to approve the February 13, 2012 minutes as amended. Discussion: none All approve – no nays or abstains – motion carried Report of Fire Superintendent Tamborelle  Submitted report – dedication of Truck 202 to former CHFD member, Josh Weismann will be done on April 21st at 1PM. Later that evening there will be the installation dinner at 6PM.  Request permission to hold the CHFD yard sale May 12th and 13th. Items for the sale can be delivered any time after April 21st. Motion: Trustee Szekely Second: Trustee Karns Resolution #7028 to approve the yard sale to be held at the CHFD on May 12th and 13th. Discussion: none All approve – no nays or abstains – motion carried Report of Asst. Superintendent of Public Works Frisbie - absent Submitted report Reading of Privilege of the Floor Guidelines (PoF) – Mayor Supron Privilege of the Floor - SIGN-UP begins at 6:45PM Speaker #1 – indicated how the Deer Forum was one-sided to the advantage of the Board of Trustee views. G. Vehar – spoke against the current Board of Trustees and past activities. M. Tabacchi – spoke against the use of guns and questioned what would happen if a wounded deer walks into her yard. C. Temple – looking forward to the March 14th Candidate Forum and a healthy election where voters have choices they believe in. This is good democracy. Mayor Supron closed PoF at 7:20PM VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 3 Report of Mayor Supron  Marcham Hall addition is underway and utilizing the Village Engineer and the DPW crew. Work on the foundation wall setup is proceeding and will be ready to pour the walls in the next few days – weather permitting. Superintendent Cross will now begin to call for bids to do the carpentry work which is the next step of the project. Question of clarification from the floor – What is the cost of the project? In January, the Board of Trustees passed resolution #7006 authorizing Superintendent Cross to enter into contracts for the Marcham Hall renovation construction not to exceed $120,000. This was based on figures from Larry Sharpsteen, Superintendent Cross and estimated costs anticipated by outside contractors in the hopes that the total project would finish below the $120,000 figure. Superintendent Cross is in the beginning stages of working with these bids. Deer management –the response papers in the appeal are due to the Appellate Division on March 26th and a hearing to be scheduled in April. Anyone wishing property use permission applications are directed to the Village of Cayuga Heights Police Dept.  Bolton Point – UAW Contract – Mayor Supron will skip over this topic until Judy Drake, Bolton Point HR director, arrives. As a member of the Bolton Point Water Commission, the Village of Cayuga Heights has to ratify any union contracts that Bolton Point enters into.  NYS DOS Grant to Study Highway Shared Services – This grant application is coming out of the Tompkins County Council of Governments, spear-headed by Don Barber from Danby and Co- Chair is Maryanne Sumner from Dryden. This is a grant to look at how services are delivered and where opportunities can be found for sharing resources. This proposed grant will be for a total of $100,000 with a 10% matching funds from participating municipalities. Motion: Trustee Karns Second: Trustee Szekely Resolution #7029 supporting a NYS DOS Local Government Efficiency Grant Application to Study the Feasibility of Shared Services of Tompkins County and Local Roads for Cost Savings and Efficiency Measures. Discussion: none All approve – no nays or abstains – motion passed  Comprehensive Plan – Mayor Supron suggested waiting until there was a full Board to continue this discussion. She indicated there is a tentative draft of the Comprehensive Plan on the Village website for those wishing to view it and further editing is currently in progress. On March 26th there will be a joint meeting of the Planning Board, Board of Trustees, Zoning Board of Appeals, and the Deputy Commissioner, Joan Jurkowich, with the Tompkins County Planning Department, to discuss the current draft of the Village of Cayuga Heights Comprehensive Plan with particular reference to the Community Corners/Village Green area. The Public is encouraged to attend. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 4 Trustee Szekely further explained that a single copy of the Plan is being circulated among the Board members a single copy will accumulate all comments. To date, Trustees Riesman and Szekely and Mayor Supron have read the Plan and noted their comments. She will be working with Planning Board member Fred Cowett to utilize editing software for the input of suggested changes. Most of her editorial comments concern the opening section of the Plan that presents the results of the work done by Cornell planning classes to inventory the Village as background to the later, goals and recommendations section.  Discussion of proposed Local Law “B” Tax Cap Override – Mayor Supron noted County Legislator Kiefer’s recommendation during Privilege of the Floor that the Village pass the proposed override law. The Village’s intent to stay within the tax cap limit may prove difficult to implement once we learn the final amount by which we are able to raise taxes this given with exclusions calculated into a final percentage. Treasurer Mangione indicated the amount by which the Village will be allowed to raise the property tax rate is not a straight forward 2% rate or budget increase. The cap will be determined based on the tax levy, the total amount needed to be raised to meet the budget. There are several legitimate reasons for enacting this law. The first and foremost is as a precautionary measure. NYCOM – the NYS Conference of Mayors and Municipal Officials writes: “particularly in the first year of the Tax Cap Law with many uncertainties surrounding its interpretation and implementation, there is the very real potential for a local government to exceed the Cap unintentionally. Failure to meet the Tax Cap can result in State Aid being withheld.” Treasurer Mangione went on to say that, as recently as today, the Office of the State Comptroller has published the inflation factor for our next fiscal year at 3.04%; yet the State insists, without providing mandate relief,, on keeping the 2% cap on tax levy increase. The Village Budget for FY 2013 will not be adopted until sometime at the end of April. The Department Heads will be delivering their proposed budgets to her by Friday, March 16th. There will be an Organizational meeting for elected officials, following the election, at which time the proposed budget will be introduced. A public hearing on the budget will be held. Only when the budget is voted on by the Board, can the tax levy and rate be established. To reiterate the tax levy is capped, not the tax rate. The Levy is based on five years of taxable real property valuation. Even though the taxable valuation went down for this year, our five year evaluation is bringing it up. The taxable valuation went down 5.6 million from last. The five year average is up just over 2 million. That helps arrive at our constitutional tax limit (the State calculates a constitutional tax limit by which amount you can’t exceed that amount of taxation by that Village. There is one Village that has exceeded 90% and two that have exceeded 80% and Cayuga Heights is at 24.07% of its tax limit) which is over 7.5 million but we are not at a tax levy without calculating final budget figures. Treasurer Mangione expressed her opinion of feeling the Village is in good shape with the tax limit of 24+%. However, again she feels it is necessary to have the Tax Cap in place as a precautionary. Mayor Supron stated that there would need to be a 60% vote – which is 5 Trustees – a quorum is not 60%. We have 60 days to vote after the Public Hearing and can vote on the Tax Cap law the same night the budget is voted on. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 5 Treasurer Mangione explained that once the tax levy is identified, we will extract those items that are exempt from the Tax Cap calculation, such as long term debit, a portion of retirement costs and other capital expenses. She hopes that the 15 air packs for the Fire department will be deleted from the calculations. Mayor Supron stated if we ignored the five-year average taxable valuation increase and only considered last year’s levy, a straight up 1% increase would be approximately a $45,000 increase in the tax levy. To hold where we are, assuming an increase of 9% in health insurance cost, the Police and DPW contract labor increases, which are not excluded from the Tax Cap, we are already way over the Tax Cap. In answer to M. Tabacchi’s question from the Public Hearing as to where any extra money is going to be spent, additional taxes compared to last year will only be used to meet growing expenses. The department heads are looking for efficiencies in their budgets. Trustee Karns added that 65% of our budgets are the obligations the Village has no control over. Only 35% of the budget can be adjusted by efficiencies or cuts in services. There isn’t much room to trim the budget. Superintendent Cross noted that other costs such as tipping fees, fuel, and salt charges could increase by 65% to 75. Trustee Karns said that there is very little room in the budget process for increased efficiencies and that the Village won’t be able to add services. Report of Trustees  Trustee Szekely reported on research concerning re-codification of the Village’s articles and ordinances, meaning our body of village law. The single company selling such service is General Code. The codes of over sixty-five villages in the State that have used General Code are on the company’s web site. General Code studies the currently listed laws to eliminate all those that have been repealed, amended or superseded and organizes current laws topically and alphabetically within major headings, such as Administrative and General Laws. The Village of Cayuga Heights has an up do date record of all laws passed, but anyone using them must reference indices repeatedly to determine what is actually current. She will continue researching with particular attention to Groton and the Village of Lansing who have used General Code with reportedly mixed results. Cost is certainly a major consideration. Chief Steinmetz has also looked into General Code as a resource for organizing policies and procedures that, like the Village’s laws, must be presented in a neutral and timely manner. Report of the Mayor - continued  Bolton Point – Ms. Judy Drake is present to answer any questions related to the UAW contract for the Bolton Point union. Mayor Supron indicated that this is a new union and the process of the contract has taken longer because it is a new union. This matches other contracts currently with Bolton Point. Motion: Trustee Karns Second: Trustee Crooker Resolution #7030 to authorize the Mayor to sign the Bolton Point UAW contract with a term of 1/1/2012 to 12/31/2014. Discussion: none VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 6 All approve – no nays or abstains – motion passed  Trustee Karns has asked to formally pass a resolution to honor prior Police Chief Thomas Boyce for his 24 years of dedicated service to the Village of Cayuga Heights. Motion: Trustee Karns Second: Trustee Szekely Resolution #7031, the Board of Trustees for the Village of Cayuga Heights, in a show of appreciation, hereby honors former Police Chief Thomas L. Boyce for his 24 years of dedication, loyalty and service; and wishes him continued success in his future endeavors. Discussion: none All approve – no nays or abstains – motion passed  Trustee Karns reported that the Tompkins County Healthcare Consortium is moving forward and looking at a 9% premium increase for next year. There is a great motivation to keep people healthy because the Consortium is self-insured. Report of Chief Steinmetz  Submitted report  Provided copies of the 2011 Annual Report – additional copies are available to anyone who would wish a copy.  The Village webpage now contains new material related to the CHPD: o Sex Offenders are listed with a link to the State Criminal Justice. o Crime Alert – to use in the event of a Village wide incident o Crime Prevention Ideas – tips and suggestions to help make the Village safer  The Emergency Management Plan - has surfaced during the transition to new chief; it is in draft form. Once available this will be presented to the Board for review and comment. Report of Superintendent of Public Works Cross – no report  There are no action items to discuss  Trustee Szekely indicated there will be a Public Works meeting on March 23, 2012  Cross walks update – the DPW crew will be advised to schedule to repaint at the earliest opportunity – weather permitting.  Summer repaving schedule – dependent upon the weather – Triphammer Rd, Upper part of Hanshaw Rd and a few smaller areas have been identified. Report of Clerk Mills  Submitted report  A Budget workshop will take place after the elections and prior to the Organizational meeting – date to be determined  The Organizational meeting is scheduled for April 2, 2012 VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 7  Once the Tentative Budget is determined, a Public Hearing will be scheduled.  Fingerlakes Technologies – Clerk Mills will contact Fingerlakes to discuss the cable requirements and cost.  Wireless for the courtroom is a work in progress. Superintendent Cross will discuss with Asst. Superintendent Frisbie whether Village personnel can do this work, if so, a box will purchased to setup the signal.  The website is currently updated by Clerk Mills only. Information is updated in a timelier manner, this allows the Village to be compliant with the Open Meeting Law by making reports available prior to meetings.  Clerk Mills will be on vacation beginning 3/21 and will return for the Organization Meeting of April 2nd. She will be checking email and updating website items periodically. Report of Treasurer Mangione  Submitted report  The Village records are current with receipts and expenses within the Williamson accounting program. The Department Heads were provided up-to-date numbers to work with on the budgeting process.  The Abstract has a correction – page 3, the City of Ithaca double billed for water and sewer rents – delete the $24,163.04 item. The new total is $164,158.90.  Bonding items – The New York State Environmental Facilities Corporation bond is due – this would be a significant amount more, but the State pays part of the interest. On or before April 1st a bond payment will be made.  The Budget process is ongoing – Department Heads will be submitting their projected budgets to Treasurer Mangione by Friday, March 16, 2012.  Transfers have been made into Trust & Agency for payroll and retiree health items. More monies are kept in the Savings account which earns interest.  CDLM delivered their audit files. One item that was noted within the financial process - the need to show a division in the way journal entries are made. We have already had this procedure in place. The audit report is already posted to the website under today’s meeting as “other” documents. Motion: Trustee Karns Second: Trustee Crooker Resolution #7032 – to approve the Abstract for $164,158.90 as amended and submitted by Treasurer Mangione. Discussion: Trustee Szekely asked question on page 3 – employee benefits. There is the Teamsters health insurance – DPW, Police full-time and part-time. The TC municipal health insurance covers non-bargaining employees and retirees. Superintendent Cross asked page 1 – under A1440 should be charged to Village Hall capital account H1620 – for rebars; these are parts for the foundation. All approve – no nays or abstains – motion passed VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 8  Mayor Supron asked Superintendent Cross why the City pays us for water and sewer rents and then we turn around and pay the City for water and sewer rents. He explained that the Bolton Point water that flows through the Village pipes and the water that flows through the City pipes are connected between the City and the Village. Certain valves are closed so that it doesn’t go back and forth. The location of the valves, due to operating efficiencies, are not exactly on the municipal boundary. Most of the Cayuga Heights houses on Calvin Place and Brook Lane are on the other side of the closed valve; as a result, Bolton Point reads the meters and then the City bills the Village for the usage.  The current cleaning contract and staff doesn’t meet the Village’s expectations of services and the building is not being maintained in the best way possible. The Clerk’s office has contacted another local vendor and received a bid. They have spelled out that they will use environmentally preferable cleaning products and microfiber cloths; they will leave a vacuum cleaner here at Marcham, with cleaning supplies, should the office staff want to use them prior to their scheduled cleaning time. However, the quote is considerably more than the Village is currently charged. At present cleaning services are $540.00 monthly for weekly cleaning; the quote is for $970.00 per month plus $175 for catch-up work. Deputy Clerk Podufalski made reference calls and all responses were positive. Chief Steinmetz provided information about the Probation Department and their day program being able to clean, do tasks for the Village at no cost other than cleaning supplies. He will make an initial contact.  Attorney Gutenberger pointed out as a general rule, any company needs to have a confidentiality form on file due to the sensitive nature of the files in the office. Treasurer Mangione says that this company is fully insured. The Treasurer will contact the new service to invite a modification for the service price.  The next request is by the Planning Board to purchase the software “Smartsheet” at a cost of $50 / month. Since this request was made, the Mayor has indicated to the Planning Board that this purchase will not be approved.  Resolution # 7033, to approve a change and increase to the Clerk’s budget, contractual line by $200.00 to be paid out of Contingency. Motion: Trustee Crooker Second: Trustee Karns Discussion: The balance in budget contingency is $70,000 which takes into account the funds being moved to the Marcham Hall project. The various departments are working hard to save money used in their budgets and deserve a great deal of credit for their efforts. All approve – no nays, no abstains, motion approved VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 9 Report of Attorney Gutenberger  The Board may want to consider developing and instituting guidelines for the Zoning Board of Appeals and the application process. Superintendent Cross has done an excellent job of working with the residents and accepting applications up to the last date that a notice needs to be filed in the paper. However, this creates a time crunch for the Village attorney to answer questions and for the Zoning Board of Appeals members to review the application materials or to visit the properties prior to the hearing. She suggests a limitation for submitting an application 20 days in advance to allow for the investigation. The Village needs to outline and document the process, and post it on the website. Recently, many more applications have been addressed to the Zoning Board of Appeals. Mayor Supron will work with ZBA member Alison Shull to develop these guidelines.  Attorney Gutenberger will be leaving private practice to work for Cornell University as Manager of Real Estate Operations.  Resolution # 7034, to move into executive session to discuss an HR personnel matter and possible litigation @ 8:43 pm. Motion: Trustee Karns Second: Trustee Crooker All approve – no nays, no abstains – motion carried Resolution # 7035, exit executive session @ 9:43 pm All approve – no nays, no abstains – motion carried No action items were taken in executive session. Meeting adjourned at 9:44 PM Submitted by Clerk Mills VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Agenda 836 Hanshaw Rd – Marcham Hall March 12, 2012 – 7PM Page 10