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Minutes of the Organizational Meeting
April 12, 2005
Village of Cayuga Heights
Board of Trustees
Present: Mayor Lynn, Trustees Antil, Collyer, Tavelli, McNeil, and Staley, Attorney Tyler, Chief Lansing,
Treasurer Silber, Supt. Cross, Supv. Quick, Fire Supt. Tamborelle
Absent: Trustee Mount
Others: Jack Rogers, Michael Hayes and Mary Ellen Joy
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At 7:00 P.M. Mayor Lynn opened the Public Hearing to consider the adoption of the 2006 Budget. Treasurer
Silber explained the proposed budget to the Mayor, Trustees and the public. There being no public comment, the
hearing was closed at 7:12 PM by the Mayor.
At 7:13 P.M. Mayor Lynn opened the Public Hearing for consideration of Local Law #1 of 2005 setting the sewer
rents for the 2006 Fiscal Year at $111.00/unit. Jack Rogers asked how the numbers are arrived at, and how
apartments in houses are charged. It was explained that an apartment unit in a house is charged as another unit.
There being no further public comment, the Hearing was closed at 7:17 PM by the Mayor.
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Convening as the Planning Board at 7:18 P.M., Supt. Cross presented a request by Jack Rogers to subdivide lot 7.-
2-10 into two building lots. Each resulting lot would conform to Zoning. Mr. Rogers was present for any
questions. Trustee Staley inquired about the slope grade. There being no further comments, Mayor Lynn asked
the Planning Board to approve the following Resolution.
Motion by Trustee Collyer
Seconded by Trustee Staley
Move to pass Resolution 6131 to approve application by John Rogers to subdivide Lot 7.-2-10 into two
building lots.
Whereas, tax parcel 7.-2-10 is currently a vacant lot and John Rogers (owner) has made application to subdivide it
into two separate building lots, and
Whereas, the proposed action is a minor subdivision as defined by Local Law #2 of 1992, Section III.2, which
does not require a public hearing s per Section III.3.c, and
Whereas, the Zoning Officer has verified that both of the proposed lots will be in compliance with the Zoning
Ordinance, and
Whereas, the proposal is a Type II Action as defined by NYCRR 617.5, which does not require review of
environmental impacts under SEQRA, and now
Therefore, the Village of Cayuga Heights Planning Board determines that this proposal is not subject to SEQRA
review, and now
Therefore, the Village of Cayuga Heights Planning Board hereby approves the subdivision of tax parcel 7.-2-10
into two building lots.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
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Mayor Lynn opened the Annual Organizational Meeting of the Village of Cayuga Heights at 7:22 P.M.
Mayor Lynn appointed Ann Antil as Deputy Mayor for the 2005-2006 Official Year. Trustee Antil accepted the
appointment.
Resolution 6132 - Appointments
Motion by Trustee Antil
Seconded by Trustee Tavelli
VOTED to approve the following appointments:
True, Walsh and Miller, Law Firm for one official year.
Jeff Silber, Treasurer for one official year. –
Note: This appointment is ratifying the undocumented action from last year – the
Treasurer’s term is for two years and expires in 2006.
Brent Cross, Building Commissioner for one official year.
Brent Cross, Engineer for one official year.
Brent Cross, Zoning Officer for one official year.
Frank Collyer, Acting Treasurer for one official year.
Carol Sisler, Village Historian for one official year.
David Call, Village Forester for one official year.
David Klein, Acting Village Justice for one official year.
Robert Powers, Appointed ZBA member replacing Marian Kira for 2 years (expires 2007).
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
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Privilege of the Floor
Michael Hayes and Mary Ellen Joy of 340 N. Sunset Drive expressed their concern to the Board about the
assessment process in Tompkins County. Mr. Hayes proceeded to give a history of his assessments at his
property at 340 N. Sunset Drive. He has experienced significant increases since he purchased the property in
September 2001, and has not received much help from the Assessment Department when he questioned them
about their methods. In fact, he found one individual extremely rude in an exchange Mr. Hayes had with him.
One of the comments Mr. Hayes heard from this individual alluded to the fact that all the houses in Cayuga were
under-assessed, and this person was going to fix that. Mr. Hayes felt that those kinds of comments were
completely out of line. Mr. Hayes said that if he doesn’t get satisfaction from the County, he will go to litigation.
His request to the Board is that they take on the issue on behalf of the Village residents. Attorney Tyler
commented that the problem is county side, not Village wide. He advised Mr. Hayes that the County Board of
Representatives is the Board that has the authority over the Assessment Dept. Mayor Lynn said that many
residents in the Village have been hit with higher assessments. The Mayor has contacted Valeria Coggin, Director
of Assessment, and asked for an explanation of the process. The Mayor says that there is no truly scientific
method, but that it is largely a judgmental one. Trustee Staley asked if the County was using a “computer model”
to come up with their assessments. There is presently a one year re-assessment going on. Attempting to review
and reassess each parcel in the entire county annually means few, if any, properties receive a thorough review –
the process is flawed. The general feeling of the Board is that re-assessments should be staggered, occurring every
3-5 years. Trustee Staley suggests that residents write to the Assessment Dept. and complain. Can the County
Board be funding a real estate bubble and profiting from it? Mayor Lynn said that 58 houses were sold in the
Village with an average increase of 15%. Nothing sold below the assessed value. The Mayor promises to discuss
the general course of action as it pertains to the Village with Ms.Coggin. At this point, Supt. Cross wanted the
record to reflect that the person at Assessment with which Mr. Hayes was upset has always been extremely
professional with him in his dealings with Village assessments. The Board then thanked Mr. Hayes and Ms. Joy
for sharing their concerns with them.
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Approval of Minutes –
Motion by Trustee Antil
Seconded by Trustee Collyer
Move to approve the Minutes of March 21, 2005 as furnished to the Board with the one correction on
page 4 as noted.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
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Report of the Mayor
Mayor Lynn reported on a letter he received from George Gesslein, the Fire Commissioner for the Town of
Lansing. Lansing Fire Department is proposing a renovation of its Station 5 in the Village of Lansing. Mayor
Hartill of the Village of Lansing has asked Mr. Gesslein to investigate the possibility of the Lansing Fire Dept.
contracting with the Village of Cayuga Heights Fire Dept
for fire protection. Both the Mayor and Fire Supt. have responded asking for more specific information.
Trustee Elizabeth Mount is absent from this Board Meeting due to an immediate health concern with her father
in Seattle. The Board sends its thoughts to Trustee Mount.
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Report of the Police Chief was distributed previously to the Board. The Chief commented that March was a busy
month. There were no questions from the Board to the Chief.
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Report of the Fire Supt. – Report was previously distributed to the Board. Fire Supt. Tamborelle reported that
the new ladder has arrived and, in fact, drove it to the Village Hall for the Board to inspect before this meeting.
The truck will be in service in approximately 7-10 days. Training on the truck is on-going.
Fire Supt. Tamborelle then asked the Board to approve the Department’s slate of officers which were voted on at
the Village of Cayuga Heights’ Company meeting. These officers will be sworn in at the Fire Department banquet
scheduled for April 23. The slate of officers is as follows:
1ST ASST. CHIEF (262) - MARSHALL STOCKER
2ND ASST. CHIEF (263) - STEPHEN PHILLIPS
3RD ASST. CHIEF (264) - VACANT
1ST LIEUTENANT (281) - JOE LISI
2ND LIEUTENANT (282) - BRUCE DERRICK
3RD LIEUTENANT (283) - LAUREN PUTNAM
4TH LIEUTENANT (284) - JASON GLEGHORN
RESCUE DIRECTOR(271) - BRUCE DERRICK (APPOINTED BY CHIEF)
ASST. RESCUE DIR. (272) - SUSAN MCNEIL
ASST. RESCUE DIR. (273) - KATS TAKASHIMA
It was noted that the election required ratification by the Trustees.
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Motion by Trustee Collyer
Seconded by Trustee Antil
Move to approve the Slate of Officers as presented above.
Trustees Antil, Collyer, Staley, and Tavelli voted YES.
Trustee McNeil ABSTAINS.
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Supt. of Public Works had nothing to report at this time. His report consisted of the request by Mr. Rogers
handled earlier in the meeting.
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Report of the Public Works Supervisor – Report was previously distributed. Parkway Place is completed except
for a very small water leak. Bolton Point will be sending someone in to locate the leak. Supv. Quick reported
that the crew has done a commendable job with this project.
Currently the Village negotiation team is dealing with the Teamsters contract which is up for renewal. Hopefully
there will be a new contract in May.
Supt. Cross commented on the heavy rain in the area last week. There was no real damage to the Village, only
basements needing pumping. FEMA was asking if there were any emergencies in the County. The County did
not have enough damage done to file any claims with FEMA.
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Report of the Treasurer
Treasurer Silber reported on the status of 825 Hanshaw Road owned by the Village. The Fire Supt. has expressed
an interest in renting the house at 825 Hanshaw Road. Supt. Tamborelle would like to live in the Village of
Cayuga Heights, which would enable him to be at the Fire Station more easily and frequently. Treasurer Silber
has discussed this with the Mayor and would like the Board to authorize the Mayor to sign a lease at 825
Hanshaw Road on behalf of the Village Trustees. The proposed rent is $600/month inclusive of gas, electric and
water. Trustee Antil asked about the condition of the house. Supt. Tamborelle said that it is basically in good
shape. Mayor Lynn agreed with this proposal but asked the Board to remember why 825 Hanshaw was
purchased in the first place, which would, at some time in the future, make it possible to “straighten out” the
intersection of N. Triphammer, Hanshaw, Triphammer and E. Upland. Part of this could be done by taking over
the front yard of 825 Hanahaw. Supt. Cross warned that any work being done within the right-of-way to fix the
intersection will greatly decrease the front yard of the house. It will make the property out of compliance as far as
zoning is concerned. Trustee Tavelli asked about the timing of the Village taking over the front yard….how soon
do we think that will happen? There was no proposed timetable. There was then discussion on the current use
of the house. It was rented 2 years ago by a tenant who paid $460 plus utilities/month. By renting to Supt.
Tamborelle, we are helping a Volunteer of the Village, which in turn helps the Village. The property in its current
status would need considerable work done (approximately $20,000 - $40,000 worth of renovations) to rent to an
outsider at market level rents. It would then also be required to be placed back on the tax rolls.
Motion by Trustee Antil
Seconded by Trustee Tavelli
VOTED to pass Resolution 6134 authorizing the Mayor to authorize and sign a lease at 825 Hanshaw
Rd.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
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Treasurer Silber reported that the FEMA grant, Assistance to Firefighters, was sent in for approximately $39,000
for turnout gear and face masks. The Board will be informed as soon as the grants are awarded.
Abstracts and Financial reports were distributed.
: Motion by Trustee Staley
Seconded by Trustee Collyer
VOTED to pass Resolution 6135 approving the Abstract of Audited Vouchers dated 4/11/05 in the
amount of $34,734.22, and instruct that the Treasurer make payments thereon.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES
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Report of the Attorney
A question had recently arisen where a tree, rooted within the Village street right of way, had fallen, causing
damage to a nearby dwelling. Attorney Tyler gave the Trustees a primer on tree liability as there was a question as
to the liability of a tree limb falling on a property. The question depends on whether the tree appeared to be
“sound” before the weather-induced incident occurred.
Attorney Tyler commented on light poles being put into lower Remington Road. Supt. Cross has not located an
easement as of this date.
The cell tower application which was discussed last year has jumped from Verizon to Cingular Wireless. It was
thought that whichever company got a tower first, the other one may follow. Verizon may not be out of the
picture, just off of Village property. There had been a possibility that Verizon would propose to install a cell
tower on their land in the Village. The Village would need Z.B.A. approval for a cell tower to be erected at the
D.P.W site. The attorney stated that the form lease submitted by Cingular was in many ways unsatisfactory.
Treasurer Silber will obtain a copy of the lease that the town uses to see which form they ended up using.
On the Wilkinson Estate litigation:
1.. Cathy Valentino and Walter have talked on sharing legal services for the appeal with John Barney.
2. The trial level prosecution of original action is requiring answering papers for events prior to 1979.
There is an Attorney in Rochester who is handling the case for the Town of Ithaca and the Water Commission
because Mr. Barney’s firm, which also represents the Village of Lansing, has a potential conflict of interest. There
is legal basis that puts the opposing sides’ case in serious jeopardy. Attorney Tyler will have more information to
come.
Trustee Mount has corresponded via emails on sidewalks which are in need of repair. Attorney Tyler will
investigate these requests and get back to Trustee Mount and the Board.
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The Clerk had nothing to report.
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The Budget is now ready for formal adoption, as well the other necessary and usual organizational meeting
resolutions.
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Motion by Trustee Antil
Seconded by Trustee Collyer
VOTED to pass Resolution 6136 setting Tax Levies for 2006 Fiscal Year as follows:
VOTED that the amount of $1,823,686.00 be levied upon the taxable real property of the Village for the
2006 Fiscal Year as real property taxes and to authorize the Clerk to extend and carry out upon the
assessment roll this amount to be charged proportionately against each parcel of real property shown
thereon, according to the total levy of $1,823,686.00
Also VOTED to establish rates for the 2006 Fiscal Year as follows:
Real Property Tax $ 6.05/M
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES
Motion by Trustee Collyer
Seconded by Trustee Antil
VOTED to pass Resolution 6137:
Adopt Local Law #1, 2005 - Establish Sewer Rates of $111.00/inside unit beginning 2006 Fiscal Year.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES
Motion by Trustee Antil
Seconded by Trustee Staley
Voted to pass Resolution 6138 for the water system surcharge for FY 2006 to be 65% above the Bolton
Point rate.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
Motion by Trustee Antil
Seconded by Trustee Collyer
VOTED to pass Resolution 6139 adopting the Budget and appended Salary and Wage Schedule for
Fiscal Year 2006.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
VOTED to pass Resolution 6140 making the Tompkins Trust Company of Ithaca, NY the official
depository for the Village funds for the 2006 Fiscal Year, with a maximum deposit of $4,000,000 and
Authorizing the clerk to notify the Tompkins County Trust Company of Ithaca, NY of the following
names to be honored on checks for the 2006 official year, with two signatures required:
Walter R. Lynn, Mayor or Ann Antil, Acting Mayor
Jeffrey Silber, Treasurer or Frank Collyer, Acting Treasurer
Norma R. Manning, Clerk
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
.
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Motion by Trustee Antil
Seconded by Trustee Tavelli
VOTED to pass Resolution 6141 designating the Ithaca Journal, published in the City of Ithaca, daily
except Sundays, as the official Newspaper for the 2005 official year.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
Motion by Trustee Antil
Seconded by Trustee Tavelli
VOTED to pass Resolution 6142 establishing the official reimbursement rate for business mileage to be
equal to the I.R.S. standard mileage rate for business travel.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
Motion by Trustee Tavelli
Seconded by Trustee Staley
VOTED to pass Resolution 6143 setting the time for regular meetings of the Village Board of Trustees
for the 2006 Official Year at 7:00 PM on the third Monday of each month (except Annual Organizational
Meeting, which is the first Monday in April AND in months when the 3rd Monday is a Federal holiday,
the meeting will take place on the Tuesday following the Monday holiday). Regular meetings of the
Planning Board are set for concurrent time and place to the Trustees regular meetings.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
The next regular meeting of the Board of Trustees is May 16, 2005 at 7:00 p.m.
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At this time there was a brief discussion on the situation with the Village roads. Trustee Antil will talk to Supt.
Cross and schedule a meeting to discuss plans as they pertain to any road work being done this summer.
Motion by Trustee Antil
VOTED to adjourn meeting at 9:16 pm.
Trustees Antil, Collyer, McNeil, Staley, and Tavelli voted YES.
Norma R. Manning
Clerk
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