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HomeMy WebLinkAboutOct 09 2012 minutes.pdfVILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 1 Present: Mayor Supron, Attorney Marcus, Trustees: Crooker, Riesman, and Szekely, Fire Superintendent Tamborelle, Superintendent Cross, Asst. Superintendent Frisbie, Chief Steinmetz, Treasurer Mangione, Clerk Mills Absent: Trustees: Andolina, Hamilton, Karns Call to Order Mayor Supron called the meeting to order at 7:05 PM. Approval of Minutes for:  September 10, 2012 minutes Motion: Trustee Riesman Second: Trustee Crooker Resolution #7173 approve minutes from September 10, 2012 as amended Discussion: no other comment All approve – no nays or abstains – motion carried Report of Fire Superintendent Tamborelle – 5 minutes  Submitted report  Saturday, October 20, 2012 will be an Open House.  Saturday, October 13, 2012 there will be a recruitment class. There are approximately 47 who are interested across the county. Our membership coordinator is David Openshaw. He has given all the potential recruits information for all the volunteer companies across the county. The Fireman’s Association –State of New York received a grant to fund recruitment and retention for volunteer fire departments throughout the state. You may see signs as you drive along the highways you may see the signs that say “Be a Volunteer/EMT” and there have been notices in print, on the radio and television. If the person doesn’t live within five minutes we direct them to the volunteer station closest to where they live. Report of Asst. Superintendent of Public Works Frisbie – 5 minutes  Submitted report – Trustee Szekely asked Asst. Superintendent Frisbie to comment on the assignment of the three men who are working on Marcham Hall. The crew has done 90% of the roof, the interior has been framed in, the interior doors and are about three weeks out; the windows and exterior door are being researched. Trustee Riesman asked if the design from Mr. Zwigard has been followed. Superintendent Cross replied that we are only veering from the plans if the original material specifications are too costly and an alternate choice will be made. Superintendent Cross and Chief Steinmetz will coordinate efforts once the current walls will be opened up into the new section, this is looking to be about one month from now – to avoid disruption. Mayor Supron offered her office to the Chief during this point of the renovations. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 2 Privilege of the Floor – 30 minutes - SIGN-UP begins at 6:45PM Mayor Supron opened PoF at 7:10PM D. Edwards, Village of Lansing resident, thanked the Village Trustees for their effort in the deer control problem – the Village of Lansing has the same problems. He asked the Board of Trustees to reconsider the charges on his sewer bill because he had a leak in his sprinkler system. He was out of town during the leak and feels his charge for sewer usage exceeds what went through the sewer system. Mayor Supron clarified the two separate reasons for Mr. Edwards visit being 1 – the high sewer charge due to the leak in his personal sprinkler system and 2 – how to account for the water usage attributed to the sewer charge when people water lawns, plants and trees. J. Romano - pesticide use is a concern. When he walks around the school, he has a concern that pesticides are scattered on the sidewalks. Superintendent Cross replied to his question with the following: anyone who is a non-resident or non- owner and applied pesticides or herbicides is required to be licensed to do so. If this is a professional, this person should be putting indicators in the applied area. It was determined that the little flags are indicating the region effected. Superintendent Cross asked to be notified with the address and when this occurs for him to follow-up on. No other speakers – Mayor Supron closed the PoF at 7:20PM. Report of Mayor Supron – 60 minutes  Marcham Hall – update Superintendent Cross indicated that the DPW crew is doing an excellent job with the Marcham Hall addition. The details are being made in the field in a timely manner.  Deer remediation update Still working on negotiating contracts – and the Board will go into executive session to further discuss details of contracts with the Village Attorney.  Bolton Point water rate Mayor Supron will defer until later in the meeting when Jack Rueckheim, managing director at Bolton Point, will update the Board and answer any questions regarding the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) water rate increase. We can also discuss with him the infrastructure of the Village pipes.  Time Warner contract There is a public meeting for people who want further information for the negotiating with Time Warner. The consultant with Computel is waiting to hear back from Time Warner for the Village audit. Report of the Trustees – 10 minutes Trustee Szekely – the Comprehensive Plan is currently being revised by the Planning Board to remove the proposed zoning district 2 from its proposals and including all points alluding to the zoning district 2 throughout the plan. Superintendent Cross, as code officer, was able to explain to the Planning Board the current housing patterns in the Village permit a greater variety of housing density due to the 2 family homes in the Village. Mayor Supron suggested waiting until the next draft is provided before making more comment, hoping that with the next draft the Board and the public can review the whole plan and its basic elements and then provide feedback to the Planning Board. Mayor Supron received an email asking whether there are plans to reconfiguration of the Northway, Triphammer, Midway VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 3 intersection, prompted by the current work is gas-line work. Mayor Supron indicated that any review of traffic patterns could be an outcome of the Comprehensive Plan. Trustee Szekely added that Planning Board member Fred Cowett has drafted an excellent executive summary of the document as a good way to get into and understand the major thrust of the Comprehensive Plan. Mayor Supron asked to readdress the issues brought to the Board by Mr. Edwards. Superintendent Cross indicated in the past was these types of leaks were handled on a case by case situation. Superintendent Cross has offered to work with Mr. Edwards to determine the average usage. It is difficult to judge relief from the irrigation charges. We don’t have anything in the plans to account for these various situations. Attorney Marcus pointed out that when the Village made the switch from billing for sewer on the basis of water consumption rather than the basis of a unit charge, the new system is a way to measure the bill – it is not intended to reflect actual number of gallons the property owner is putting into the sewer system. Anyone who uses a garden hose is not putting the water into the sewer system. The billing system is a way to provide a number to have a rational basis for the bill. Actual usage of the sewer system is difficult to measure because there is the inflow and infiltration into the sewer system. The Village of Lansing has spent a large amount of money trying to measure sewer usage. As Mayor Supron has indicated the Village’s water and sewer infrastructure is quite aged. There is no question that there is a significant amount of I & I in the Village of Cayuga Heights system. This would be the case with a brand new system where there is a breakage in the sewer system. The measurement the Village is using for billing is taking this into account. Everyone is sharing the cost of the sewer system in some fashion. Bills used to be based on a unit charge and now are based on a water consumption charge. Mayor Supron reminded everyone that the level of revenue generated by both methods should be the same – the overall costs are just divide out differently. The example being that a household with eight people were charged the same unit as a family of one or two. Superintendent Cross has offered to research with other treatment plants to discover how they handle this type of situation. Mayor Supron read another situation where the person left town and the sprinkler was left on for 15 days. This person wants relief from the large sewer charges. Trustee Crooker summarized his understanding of the discussion as follows; where there are a couple of residents seeking relief on their sewer portion of the bill, there will be more, especially given the very dry summer. There are two different issues here: one is now that the Village has begun billing by consumption and someone says but I have not actually consumed the water then I should have an adjusted bill. This is not what should happen. The consumption is a basis used to apply charges for sewer as a community. This is a policy question. A leak is different than voluntarily watering your plants, trees and lawn. If there is a case by case, there needs to be policy in place to cover all situations. Attorney Marcus added the point of this being used as a financial measure. The Village is not telling people you are paying a certain number of dollars for every gallon that goes into the sewer system - the Village is saying it will calculate all future sewer bills based on the following formula and it happens to be tied to something easily measured because everyone has a water meter on their service. There could be an entirely different formula – charging for sewer based on some calculation of the number of square feet in your house, the number of faucets in your house, and the number of toilets in your house – this would be a different kind of formula and this is what you would pay as a result. It is not intended to be a specific measure of what is put into VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 4 the sewer system – it’s intended as a way for the Village to render a bill in some rational fashion that applies some component of fairness to everyone who is hooked to the sewer system. Superintendent Cross also offered to research the last year’s usage in these particular situations to compare the average usage to this billing cycle usage. Mayor Supron advised to accept Superintendent Cross’ offer to do the research and bring back information to the Board. Mr. Jack Rueckheim gave a presentation and answered questions from the Board. Mayor Supron reminded the Board that there is a proposed rate increase of 27% to the Bolton Point rate that must be approved by all the member municipalities. The reasons for the increase are the aged infrastructure that needs to be addressed. The average increase over the last 15 years has been 1.7%. Mayor Supron, as a member of the water commission, has voted for the increase as we look at looking to the capital replacement plan. There are sections of the transmission main that are being to be replaced. Mr. Rueckheim indicated there isn’t a way to determine the condition of every foot of the water mains. When there is an occasion to excavate the site, for instance one of the 36 hour repairs such as at the corner Hanshaw Rd and Pleasant Grove Rd – condition of the main is noted at that time. There are also events where we have been able to see the water main and what its condition is. Soil samples are chosen in selected areas, such as in front of Kendal, has been found to be corrosive. There isn’t going to be, necessarily, doing an $800,000 replacement every year – this would be in the worse case scenario. In this 2013 budget, which was approved and the 2013 water rate has to support includes the $800,000 piece for capital replacement – mostly for the replacement of the transmission main replacement currently being done. The water commission expects to keep this allocation for Capitol Replacements in the budget moving forward. This will not necessitate a subsequent rate increase for FY2014, as it simply be carried forward rather than increased. Mayor Supron reminded the Board of the bonding some capital improvements that over time we would like to see come out of the budget rather than bonding. This year will be used for the transmission main and in future years the other items on the project list. Mr. Rueckheim confirmed that the bonding items are for the Burdick Hill tank and the first of the transmission main sections because there wasn’t an allocation for this section of main in the 2012. Included in the bonding was the anticipation note for the road improvement that has been planned since 1976. Those three items account for 90,000 of debt retirement as well as the East Hill tank and building addition in an attempt not to continue along that path. During the long history of 16 years there wasn’t a rate increase, three years there was a rate decrease and fund balance was used to subsidize the water rate – due to the State saying the fund balance was too high. There were several projects set up but they were put on hold while the SCLIWC waited to see what the City of Ithaca was going to do with regard to joining Bolton Point, which would have changed the scope of some projects (such as the East Shore transmission main. For many years the Commission decided to reduce the fund balance, rather than raise rates. Over the past several years the Commission has focused on reducing the use of its fund balance, while simultaneously working to plan for ongoing maintenance and replacement of its aging infrastructure. Mayor Supron confirms that this is a large increase, however, overall would be a relatively low number. This rate raises the rate from $3.15 to $4.00 per thousand gallons of water or $31.50 to $40./10,000 gal water. The Village of Cayuga Heights has a 100% surcharge on its portion of the water rate changing the rate from $63.00 to $80./10,000 gal water per quarter. Mayor Supron advised that the Village Board consider reducing the 100% surcharge. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 5 Trustee Szekely asked what would be a best educated guess for next year’s increase. Mr. Rueckheim answered that the thinking of the Commission and Finance committee was to bite the bullet now, this year and get the rate where it needs to be and then next year the rate increase would fall in line with the consumer price index – estimated between 2 and 3%. Mayor Supron added that even with the 27% increase, there will still be a $100,000 draw from fund balance for 2013. Trustee Szekely also asked Superintendent Cross to comment on the 50 year plus age of the Village’s infrastructure and noting that the 100% surcharge the Village applies does not factor in building a reserve or create a cushion for the capital replacement – why is this? Superintendent Cross replied that we have historically been “reactionary” to infrastructure needs . When there are breaks in the system, we work with them individually instead of planning a capital project for replacement. Trustee Szekely added this is a “pay as you go” emergency repair system. At a Public Works committee there was a discussion of the need for a capital replacement schedule and inventorying the pipes next year trying to determine the age of the pipes and then to come up with a rough map. This may make planning for capital improvement on the oldest sections. Trustee Crooker then added finding the route to pay for this. Mayor Supron indicated this is where we can look at the surcharge being applied to the Bolton Point water rate. Motion: Trustee Crooker Second: Resolution #7174 to approve the Bolton Point water rate increase of $4.00/1000 gallon of water. Mayor Supron asked for a second – none came forward. If the Board still needs further information we can readdress at the next meeting. The 10 Commissioners and financial committee have determined this capital replacement plan doesn’t indicate to increase by the 27% every year. Mayor Supron indicated she supports the Commission’s plan to make the increase all at once and limit the draw from the fund balance. The Village Board needs to approve the SCLIWC’s water rate increase by the end of the year. The other Trustees would like the absent members to look at the situation and then discuss again at the November meeting. Trustee Szekely suggested sending a news letter to the residents to supply information as to what Bolton Point’s position is and why. The motion was tabled until the November 2012 Board of Trustee meeting. Mayor Supron stated that presuming the Board approves the Bolton Point rate, we should consider adjusting the Village’s surcharge to keep Village water revenue at its current level. If a study of the Village water infrastructure indicates the need for more funding the Village can adjust its surcharge accordingly. Report of Chief Steinmetz – 20 minutes  Submitted report  Trustee Crooker asked what the response has been with the new noise ordinance in place. Chief Steinmetz indicated there have been two incidents in September handled in court cases and then three other tickets issued in October. In the last six weeks there have been the five tickets issued for violations. This is a learning curve for the Village and meeting the requirements for people to abide for the quality of life issues. The Chief believes this is working well.  Chief Steinmetz alerted the Board to the BUNY grant (Buckle Up New York) – very similar to the STEP grant – this is strictly for enforcement of seatbelt control.  Our new police clerk is working out well and she is very enthusiastic and has a lot of great ideas.  The new cameras (exterior) have been installed and are working well VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 6  The new vehicle is also here and will be registered and outfitted as soon as possible – within a months time. Trustee Szekely asked the Chief’s opinion on the speeding in the school zone – 15 mph. His reply was to say the officers are in strategic locations and are working with the STEP program that will end at the end of October. School zones are one area identified to the State when using the STEP program. The school zone enforcement is good, the officers are out there and the traffic sign is also in place and working well. Report of Superintendent of Public Works Cross - 5 minutes  Superintendent Cross submitted phosphorus treatability study to the NYS Dept of Environmental Conservation prior to the deadline. We should hear from them by the end of the month to determine if further information will be needed.  Superintendent Cross has received two quotes for the HVAC bids for the Marcham Hall Court Room and addition. The quotes received are not “apples to apples” so he will work with both contractors to refine these bids and present them at next month’s meeting.  The Ithaca Tompkins County Transportation Council – The planning committee discussed preliminary traffic accident data that was collected throughout the county. They have ranked various locations and intersections with regard to the number of accidents, which will have value to each municipality. The report is not yet ready for public preview, but will be useful to each municipality once the report is complete. None of the Village intersections are in any of the top 10 worst on any list. There will be more information available when the data is analyzed. Report of Clerk Mills - 5 minutes Nothing to report Report of Treasurer Mangione – 5 minutes  Submitted report  The AUD is still a work in progress and Treasurer Mangione has informed the State that it is not ready. Treasurer Mangione has asked the Board to approve a consulting contract with Ted Jones, who is an employee of Williamson Law Book – our current accounting software package; and who moonlights as an accountant. With his knowledge of Williamson and municipal accounting, he is ideally suited and he lives in Danby. He charges $45/ hour for his time. Attorney Marcus confirmed that he had reviewed the proposed consulting agreement and this it is in the form of other such agreements used by the Village in the past. Motion: Trustee Szekely Second: Trustee Riesman Resolution #7175 to approve a consulting contract with Ted Jones, not to exceed $1,000, for the purpose of advice relating to preparation of the Village’s Annual Update Document (AUD) for submission to the Office of the State Comptroller. Payment will be charged to General Fund account 1325.410 – Treasurer: Contractual. Discussion: no other discussion All approve – no nays or abstains – motion carried VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 7 CONSULTING AGREEMENT THIS AGREEMENT is made as of October 9, 2012 by and between Ted Jones, 109 S. Danby Road, Willseyville, New York, (Consultant) and the Village of Cayuga Heights, a New York municipal corporation having offices at 836 Hanshaw Road, Ithaca, New York 14850 (the Village). Whereas, Consultant has advised the Village as representative of Williamson Law Book for a period of approximately one (1) year prior to the date of this Agreement; and Whereas, the Village desires to engage Consultant’s services in order to complete preparation of the Annual Update Document (AUD) for submission to the Office of the New York State Comptroller. Whereas, Consultant is willing to provide such consulting services to the Village; and Whereas, Consultant and Village desire to enter into an agreement on the terms and conditions set forth herein concerning Consultant’s provision of services to the Village; NOW, THEREFORE, for good and valuable consideration, the mutual receipt and legal sufficiency of which is hereby acknowledged, there parties hereto agree as follows: 1. SERVICES. From the date of this Agreement forward, Consultant will provide consulting services to Village, and specifically to the Treasurer, including, but not limited to: a. Knowledge and experience concerning Generally Accepted Accounting Procedures, OSC requirements related to AUD, and efficient use of accounting software licensed by the Village. b. Services are to be scheduled at mutually agreed times allowing for submission of the AUD in a timely manner. 2. FEES. As and for the consideration to be delivered by the Village consulting services to be provided in accordance with this Agreement, the Village will pay Consultant a fee at the rate of Forty-five and No/100 Dollars ($45.00) per hour, for up to a maximum total of One Thousand and No/100 Dollars ($1,000.00). The Village will deliver payment within thirty (30) days of receipt of an invoice detailing the time expended on consulting services rendered under this Agreement. 3. NON-EXCLUSIVITY. Contractor may perform consulting services for any other party, or otherwise provide consulting services for a fee, or undertake any form of employment, during the term of this Agreement. 4. TERM AND TERMINATION. This Agreement will remain in effect until December 31, 2012. Either party has the right to terminate this Agreement at any time with or without cause, by delivery or written notice to the other not less than ten (10) business days in advance of the effective date of such termination. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 8 5. INDEPENDENT CONTRACT RELATIONSHIP / NO JOINT VENTURE. The parties to this Agreement are independent contractors, and no relationship of employer and employee is deemed to be established by this Agreement. The parties hereto shall not be deemed to be engaged in any joint venture, partnership or other legal mutual relationship, other than as independent contractors. Contractor will pay any taxes that the Contractor is required to pay as a result of consulting fees received under this Agreement, including, but not limited to, any self- employment, social security, income, or similar State or Federal taxes. 6. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties hereto, and its terms may not be changed or terminated except by an instrument in writing executed by all of the parties hereto. 7. COSTS AND ATTORNEYS’ FEES. Each party agrees to pay all costs and expenses, including reasonable attorneys’ fees and disbursements that may be incurred or paid by the other in successfully enforcing the covenants and agreements in this Agreement. 8. NO WAIVER. The failure of either party to exercise such party’s rights hereunder shall not prevent such party from exercising such right at a later date and shall not constitute such party’s waiver of such right. 9. UNENFORCEABILITY. If any provision of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be effected thereby, and each and every provision of this Agreement shall remain enforceable to the fullest extent permitted under applicable law. 10. ASSIGNMENT. No party to this Agreement may assign its respective interests in this Agreement to any other person or entity. 11. APPLICABLE LAW. This Agreement and all of its terms and provisions shall be governed by and construed in accordance with the laws of the State of New York. In the event of any dispute arising hereunder, the parties hereto agree to submit to the Jurisdiction of the Courts of New York in Tompkins County and to venue for any such action being set in Tompkins County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written: VILLAGE OF CAYUGA HEIGHTS By: ________________________________ Kate Supron, Mayor _______________________________ Ted Jones VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 9 Motion: Trustee Crooker Second: Trustee Riesman Resolution #7176 to approve blanket modification authority of the FYE2012 Budget to the Treasurer for the purpose of end-of-year account balancing. Balances will be moved from General Fund account 1990.400 – Contingency. Discussion: Trustee Crooker for clarification for the reason for this resolution. Treasurer Mangione is asking to make the changes to zero all accounts and then submit the AUD. Prior to this, each change was brought to the Board individually by resolution – before the submission of the AUD. Treasurer Mangione will report to the Board at the next meeting following the submission of the AUD. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Crooker Resolution #7177 to approve Abstract #17 for FYE2012 consisting of voucher1280 in the amount of $810.00 and instruct the Treasurer to make payments thereon. Discussion: no other comments All approve – no nays or abstains – motion carried Motion: Trustee Crooker Second: Trustee Riesman Resolution #7178 to approve Abstract #5 for FYE2013 consisting of vouchers 246- 338 in the amount of $198,647.60 and instruct the Treasurer to make payments thereon. Discussion: Trustee Szekely asked what the cost was for the mailing of the newsletter and consent form to the property owners in the Village. WordPro was $118.00. Clerk Mills indicated the envelopes were approximately $250.00 and the Clerk’s office provided the support for the actual stuffing and mailing. Trustee Szekely also asked what the Tompkins County Consortium Healthcare $5,255 charges covered? Treasurer Mangione indicated this is the NBU’s for one month. The estimated total of health care insurance costs for all employees and retirees is $38,000 per month. All approve – no nays or abstains – motion carried Report of Attorney Marcus – 5 minutes No Report Motion: Trustee Riesman Second: Trustee Szekely Resolution #7179 to enter into a private attorney/client session to discuss the terms and pending negotiation of contracts for deer remediation in accordance with the recommendation of Attorney Marcus at 8:50PM. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Kendal at Ithaca – Conference Rm A Oct 9, 2012 – 7PM Page 10 Discussion: no other comments All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Crooker Resolution #7180 to enter into executive session immediately following the private attorney/client session to discuss collective bargaining negotiations with the PBA employees and for the purposes of discussing the employment history, the performance and compensation review of a specific employee. Discussion: no other comments All approve – no nays or abstains – motion carried There may be an action coming out of executive session. Motion: Trustee Riesman Second: Trustee Crooker Resolution #7181 exit executive session at 9:40PM Discussion: no other comments All approve – no nays or abstains – motion carried Open session at 9:41PM Mayor Supron indicated there is one action item remaining on the agenda is relating to the performance and compensation of a particular employee. The employment agreement when hiring then Sergeant James Steinmetz to the position of Police Chief included review in six months and an increase in his base salary based on the Public Saftey Committee’s review of his objectives. Motion: Trustee Riesman Second: Trustee Crooker Resolution #7182 to increase Chief Steinmetz’s base salary from $101,998 to $104,750 per year. Discussion: no other comments All approve – no nays or abstains – motion carried No other actions items. Mayor Supron indicated that if there are further contract negotiations and/or if contracts are finalized, the Board may need to schedule a special meeting to discuss or act on those, and the Village will advertise a meeting if one is needed prior to the next regular meeting. Adjourn at 9:43 PM Submitted: Clerk Mills