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HomeMy WebLinkAboutMinutes of Organ. Meeting - April 12, 2005.pdf 1 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 ************************************************************************ 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. ************************************************************************ 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. 2 ************************************************************************ 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. ************************************************************************ 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. 3 ************************************************************************ 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. ************************************************************************ 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. ************************************************************************ 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. ************************************************************************ 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. 4 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. ************************************************************************ 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. ************************************************************************ 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. ************************************************************************ 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. 5 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 ********************************************************************** 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. ********************************************************************************* The Clerk had nothing to report. ********************************************************************************* The Budget is now ready for formal adoption, as well the other necessary and usual organizational meeting resolutions. 6 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. . ************************************************************************ 7 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. ******************************************************************************** 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 8