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HomeMy WebLinkAboutBOT 4-10-13 minutes.pdfOrganizational Meeting Board of Trustee Page 1 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES ORGANIZATIONAL MEETING April 10, 2013 7:00 PM DRAFT MINUTES UNTIL BOARD APPROVAL Present: Mayor Supron, Trustees: Riesman, Robinson, Karns, and Salton, Attorney Marcus, Fire Superintendent Tamborelle, Superintendent Cross, Asst. Superintendent Frisbie, Chief Steinmetz, Treasurer Mangione, Clerk Mills Absent: Trustees Crooker and Hamilton Clerk Mills administered the Oath of Office to the Trustees elected on March 19, 2013 – Richard Robinson and Peter Salton. Mayor Supron opened the Board of Trustee meeting at 7:04PM Mayor Supron opened the Public Hearing on Proposed Local Law D, Tax Cap Override at 7:05PM: VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW D OF THE YEAR 2013 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 2013 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 2013 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 inva lid 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. There were no speakers for this Public Hearing Organizational Meeting Board of Trustee Page 2 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Mayor Supron gave an overview of the purpose of this proposed local law and the reason of supporting itThe formula used to calculate the allowable increase under the Tax Cap is complicated and relies on estimates from the State for the retirement contributions for the police and other employees. There is also a growth factor which hasn’t yet been determined by the State. The Board of Trustees’ goal is to keep the tax rate increase under the 2% tax cap. However, having the tax cap override in place protects the Village from negative consequences (penalties and loss of State funds) should we inadvertently exceed the Tax Cap. Mayor Supron closed the Public Hearing on Proposed Local Law “D” at 7:08. Report of Fire Superintendent Tamborelle  Submitted report  Last month’s approval to purchase a new truck was $40,000. A laptop needs to be used with a new radio installed in the truck. The radio cost is approximately $6,000 putting the cost of the truck and outfitting over budget by $3,000. Fire Chief Tamborelle requests a revision to the previous resolution to allow the Treasurer to increase the purchase order by the $3,000. This will extend the payback period by a few months. The Hanselman funds will be used to fund the new truck and outfitting. Motion: Trustee Karns Second: Trustee Riesman Resolution #7262 to allow the Treasurer to increase the purchase order for a new truck (approved by resolution #7225 at the January 14, 2013) from $40,000 to $43,000. to be funded with the Hanselman funds. Discussion: no other comments All approve – no nays or abstains – motion carried Report of Asst. Superintendent Frisbie  Submitted report  Mr. Frisbie was asked about the current water line work being done. He indicated there were four lengths completed. He indicated, with weather permitting, the project should be completed by May 15th when the road paving will begin. Mr. Frisbie was asked if the residents in the effected area are notified – he replied that Bolton Point provides the notice 48 hours in advance of any major work being done. The Clerk’s office is also notified and an “E-Blast” is sent to list-serve (people who have signed up with their e-mail addresses from the Village website) outlining the location and timeframe of the work being done. The front page of the Village website also contains the same notice. People are encouraged to “sign-up” for these “E-Blasts”. Mayor Supron made the following appointments and with a motion of endorsement from the Board of Trustees: Mayor Supron appoints Trustee Elizabeth Karns to serve as Deputy Mayor until April 2014, Motion: Trustee Riesman Second: Trustee Karns Resolution #7263 the Board of Trustees endorse the appointment of the Law Firm of Barney, Grossman, et al as the Official Village Firm for one year. All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Salton Resolution #7264 the Board of Trustees endorse the appointment of Brent Cross as Stormwater Mgmt Officer for one year. All approve – no nays or abstains – motion carried Organizational Meeting Board of Trustee Page 3 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Riesman Second: Trustee Karns Resolution #7265 the Board of Trustees endorse the appointment of Richard Robinson as Deputy Treasurer for one year. All approve – no nays - Trustee Robinson abstains – motion carried Trustee Robinson retracted his abstain at 7:30PM Motion: Trustee Riesman Second: Trustee Karns Resolution #7266 the Board of Trustees endorse the appointment of Beatrice Szekely as Village Historian for one year. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7267 the Board of Trustees endorse the appointment of Andre Bensadoun as Village Forester for one year. All approve – no nays or abstains – motion carried Motion: Trustee Salton Second: Trustee Robinson Resolution #7268 the Board of Trustees endorse the appointment of David Klein as Acting Village Justice for one year. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Karns Resolution #7269 the Board of Trustees endorse the appointment of Anita Watkins as a ZBA member with a term expiring April 2018. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7270 the Board of Trustees endorse the appointment of Deirdre Hay as a Planning Board Alternate for one year. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7271 the Board of Trustees endorse the appointment of Henry Richardson as a Planning Board with a term expiring April 2018. All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Riesman Resolution #7272 the Board of Trustees endorse the appointment of Mark Eisner as a ZBA Alternate for one year. All approve – no nays or abstains – motion carried The Board of Trustees endorse the appointment of a firm to be named as the a litigation Attorney to act on behalf of the Village for one year. Discussion: Trustee Salton asked for clarification of this appointment. The person (firm) would act as a prosecutor on behalf of the Village as needed during specified court cases. This resolution was tabled until a firm is found. Organizational Meeting Board of Trustee Page 4 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Riesman Second: Trustee Karns Resolution #7273 the Board of Trustees endorses the appointment of the Public Safety Committee: Diana Riesman, Stephen Hamilton, and Peter Salton. . All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Salton Resolution #7274 the Board of Trustees endorses the appointment of the Public Works Committee: Christopher Crooker, Diana Riesman, and Richard Robinson .. All approve – no nays or abstains – motion carried Motion: Trustee Salton Second: Trustee Riesman Resolution #7275 the Board of Trustees endorses the appointment of the Finance Committee: Richard Robinson, and Elizabeth Karns All approve – no nays or abstains – motion carried Motion: Trustee Salton Second: Trustee Robinson Resolution #7276 the Board of Trustees endorses the appointment of the Communications Committee: Diana Riesman, and Christopher Crooker. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7277 the Board of Trustees endorses the appointment of the Human Resources Committee: Christopher Crooker, Stephen Hamilton, and Elizabeth Karns. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Robinson Resolution #7278 the Board of Trustees endorse the appointment of Stephen Hamilton as Planning Board liaison and Diana Riesman as alternate. All approve – no nays or abstains – motion carried Appointments for Committees at Large – discussed, reviewed and finalized at a future meeting. Motion: Trustee Riesman Second: Trustee Robinson Resolution #7279 the Board of Trustees endorse the appointment of Appoint Trustee Elizabeth Karns as member of the Board of Directors for the Greater Tompkins County Municipal Health Insurance Consortium, with Mayor Kate Supron as alternate. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7280 the Board of Trustees endorse the appointment of Roy Staley and Mayor Kate Supron to the Board of Directors of the Bolton Point Water Commission. Discussion: It is noted Mr. Staley is a former Trustee for the Village of Cayuga Heights and has great institutional knowledge of Bolton Point. All approve – no nays or abstains – motion carried Organizational Meeting Board of Trustee Page 5 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Karns Second: Trustee Salton Resolution #7281 the Board of Trustees endorse the appointment of Mayor Kate Supron and Trustee Stephen Hamilton, as alternate, to the Board of Directors of Tompkins County Council of Governments (TCCOG). All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Riesman Resolution #7282 the Board of Trustees endorse the appointment of Clerk Mary Mills as member of the Greater Tompkins County Municipal Health Insurance Consortium Joint Committee. All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Salton Resolution #7283 the Board of Trustees endorse the appointment of Treasurer Joan Mangione as the alternate member of the Greater Tompkins County Municipal Health Insurance Consortium Joint Committee. All approve – no nays or abstains – motion carried Motion: Trustee Salton Second: Trustee Karns Resolution #7284 the Tompkins Trust Company, Ithaca, NY will be designated the official depository for Village funds for the 2013 Fiscal Year, with a maximum deposit of $4,000,000. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7285 authorizing the Clerk to notify Tompkins Trust Company of the following names to be honored on checks for the 2013-14 Fiscal Year with two signatures required for each check. 1. Kathryn Supron, Mayor or Elizabeth Karns, Acting Mayor 2. Joan M. Mangione, Treasurer or Richard Robinson, Acting Treasurer 3. Mary E Mills, Clerk Motion: Trustee Riesman Second: Trustee Robinson Resolution #7286 the Ithaca Journal is the official newspaper of record for Official Year beginning April 1, 2013. All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Robinson Resolution #7287 to set the date and time for regular meetings of the Board of Trustees to the 2nd Monday of month, 7PM, Marcham Hall unless otherwise noted: May 13th, June 10th, July 8th, Aug 12th, Sept 9th, Oct 15th (Tuesday – day after Columbus Day will be held at the CHFD), Nov 12th (Tuesday – day after Veterans Day will be held at the CHFD), Dec 9th, Jan 13th, Feb 10th, Mar 10th, Apr 1st – Organizational meeting (Tues – would be held at the CHFD) All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Salton Resolution #7288 to set the date and time for regular meetings of the Planning Board to the 4th Monday of the month, 7PM, Marcham Hall unless otherwise noted: April 22nd, May 20th, June 24th, July 22nd, Aug 26th, Sept 23rd, Oct 28th, Nov 25th, Dec 23rd, Jan 27th, Feb 24th, Mar 24th All approve – no nays or abstains – motion carried Organizational Meeting Board of Trustee Page 6 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Karns Second: Trustee Salton Resolution #7289 to amend resolutions #7287 and #7288 adding the time of 7PM. All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Salton Resolution #7290 to set the date and time for regular meetings of the Zoning Board of Appeals is on an as needed basis (prior years has been the 1st Monday of the month, 7PM, Marcham Hall unless otherwise noted). All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Karns Resolution #7291 to approve the Minutes of March 11th furnished to the Trustees as amended. This resolution was tabled for the April 15th meeting as there isn’t a quorum of members voting Report of the Mayor  Schedule Public Hearings on any pending draft local laws as necessary Motion: Trustee Riesman Second: Trustee Karns Resolution #7292 to schedule a public hearing for proposed local law “C” – Street Tree and Shrub Protection and Planting for May 13, 2013 Board of Trustee meeting at Marcham Hall, 7PM. All approve – no nays or abstains – motion carried Motion: Trustee Karns Second: Trustee Riesman Resolution #7293 to schedule a public hearing for proposed local law “E” – a new employment position for a Village Administrator for May 13, 2013 Board of Trustee meeting at Marcham Hall, 7:05PM. Discussion: Trustee Karns gave an overview of the position and other members of the Board indicated this position has been discussed for several years. This position will run the HR administration and the day to day issues and long term planning such as grants that will help the Village. All approve – no nays or abstains – motion carried  Arbor Day Proclamation VILLAGE OF CAYUGA HEIGHTS 2013 ARBOR DAY PROCLAMATION WHEREAS, the first Arbor Day was celebrated in 1872 as a special day for planting trees and has grown to thousands of celebrations in communities in the United States each year; and WHEREAS, in New York State, Arbor Day is celebrated on the last Friday in April; and WHEREAS, trees provide shade and beautify the community; and WHEREAS, trees contribute important environmental benefits by reducing storm water runoff, improving air and water quality, and providing provide habitat for wildlife; and WHEREAS, planting trees in Cayuga Heights is important to Village residents; now THEREFORE, I, Kate Supron, Mayor of the Village of Cayuga Heights, on behalf of Village residents and the Board of Trustees, do hereby proclaim April 26, 2013 as Arbor Day in the Village of Cayuga Heights and urge all citizens to protect and improve our environment for present and future generations by planting and caring for trees. Organizational Meeting Board of Trustee Page 7 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Karns Second: Trustee Riesman Resolution #7294 to authorize the Mayor to set the date of the Arbor Day Celebration to be April 26, 2013. Discussion: Mr. Cross related the wishes of the Shade Tree Committee to plant a Scarlet Oak in the front lawn of Marcham Hall. An E-Blast will be sent to residents of this proclamation. All approve – no nays or abstains – motion carried  Time Warner Cable negotiation – update – The subcommittee has drawn up a draft template agreement pulling from the City of Ithaca agreement with Time Warner. This is a good start and the next task is for the committee to read the draft document. Mr. Mike Canton, from Computel Associates, who performed the Village audit on our contract for unpaid funds, has been asked to review this document and provide his comments. The Village’s expired Franchise Agreement with Time Warner contract is still being followed. We have received a draft of a new agreement from Time Warner, which is unacceptable and is the same model being distributed to all the municipalities. The goal is to work with the other municipalities on the TCCOG Committee to further develop the template agreement and to then meet jointly with Time Warner. Trustee Karns asked if this would require adoption of a new law in the Village. Mayor Supron indicated this would be a decision of the Committee by putting a requirement within the contract or pass a Village local law for compliance. Attorney Marcus said he was not familiar with the City’s local law or other municipalities’ local law. In summary, Trustee Salton will be working with the TW Cable committee developing an agreement. The committee meeting will be April 29th at 11AM. Mr. Rich DePalo, the chair of the Access Oversight Committee, read all the agreements and put the template together.  Comp Plan – update – the edits have been completed and Mr. George Frantz plans to have a revised draft back to the Village by April 15th – Monday. Once received the Trustees will be provided a copy to read and the revised Plan will be posted on the website. The Trustees will then have to decide how to proceed forward.  WWTP performance audit – update – Johnson Control’s has had to reschedule their meeting with the Village. The purpose will be to determine whether there are enough potential savings for a full performance contract. This is what the Ithaca Waste Water Treatment Plant has done and currently has a contract with them. Mr. Cross is to discuss with Stearns and Wheeler if they will prepare another proposal.  Discussion of Proposed Local Law “D”, to allow an override of the tax levy limit established by General Municipal Law 3-C Motion: Trustee Karns Second: Trustee Salton Resolution #7295 to adopt proposed local law “D” to Override the Tax Levy Limit Established in General Municipal Law 3-C. Discussion: no other comment All approve – no nays or abstains – motion carried  Public Safety Committee – there hasn’t been a recent meeting due to the Village elections, budget, travel and concerns from residents. In summary, the newly appointed Public Safety Committee: Trustees Hamilton, Riesman and Salton will work with Chief Steinmetz reviewing the proposed local law “A” – a Local Law to Provide for Regulation of the Time, Place, and Manner of Public Demonstrations; and proposed local law “B”- a Local Law to Provide for Regulation of Parades and Special Events. The Village Administrator will be able to attend the various committee meetings. Report of the Trustees – no report Organizational Meeting Board of Trustee Page 8 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Report of Police Chief Steinmetz  Submitted report  The part-time position is currently vacant and there is a current pool of candidates to choose from. Chief Steinmetz will begin the process for filling in this position and will keep the Board apprised of the progress.  Chief Steinmetz has submitted a draft for revising the Emergency Lockbox ordinance and indicated there was not a time limit for revisions. He indicated he has not received any response from Board Members and point out being available for your review. This is a black box attached to a residence, building, or business that has a serviceable alarm that is currently being monitored or is audible. It can only be opened by a key held by the police or fire department. Inside the box is a key to the facility along with telephone numbers and names of the owners. This allows the facility’s alarm to be reset and or the emergency to be dealt with. The original ordinance makes the penalty a misdemeanor. He has proposed changes to allow better enforcement and dropped the offence to a violation with fines attached and with provisions for the first time offense to allow the court, if they show compliance, to dismiss the charges. The burden of proof will be put on the police department to prove it isn’t the first offence and who actually does the enforcement. Report of Superintendent Cross  Mr. Cross gave a brief update on the progress of the Marcham Hall addition. The progress is very good and the workmanship of Mr. Joe Miller has been excellent. He should begin painting and finishing his work within two weeks. The flooring is the last part to be completed. There are estimates being done for the flooring and Mr. Cross will propose options at the April 15th meeting.  Following up to Mr. Frisbie’s report, Superintendent Cross confirmed that the water main work will be paused so that scheduled paving on Triphammer can ne completed prior to Cornell’s Commencement activities. The contractor from the gas company will be contacted regarding their completion of end of project work, such as lawn restoration. They will work with the Village DPW crew on the coordination of efforts.  The Waste Water Treatment Plant – this is the fifth consecutive month of meeting the new goals of compliance. Within the next 30 days, Mr. Cross will be working with the DEC to formalize the new limit to become the limit noted on the permit.  Mr. Cross asked if it would be appropriate for Ms. Szekely, as historian for the Village, to compile a summary history of the work done by Mr. Ron Andersen, as former Mayor and other related contributions to the Village. Mayor Supron indicated the Commission will appoint him as a consultant as they value his contributions to the Commission. Report of Clerk Mills  Resolution for the Retirement System – Report of Activities (ROA). This is a record of time for elected and appointed officials who are an active part of the retirement systems. Organizational Meeting Board of Trustee Page 9 Marcham Hall April 10, 2013 Minutes F:\Organizational Meeting\2013 Motion: Trustee Salton Second: Trustee Robinson Resolution # 7296 to approve the Standard Work Day and Reporting Resolution as requested by the Retirement Systems office. Discussion: no other comments All approve – no nays or abstains – motion carried  Trustee Karns asked the Clerk’s office to keep time logs for FOIL requests.  Check signing signatures are needed for Tompkins Trust Company - The Clerk requested the newly appointed members who are approved for signing checks to complete the paperwork provided by Mr. Matthew Valaik from Tompkins Trust Company bank. H. Report of Treasurer Mangione  Submitted report – Ms. Mangione explained the items listed on the submitted report. The AUD – Annual Update Document was submitted today.  Ms. Mangione asked to set a time for the Finance committee to meet. The results: the Committee will meet on Friday, May 10th at 9AM. Motion: Trustee Karns Second: Trustee Riesman Resolution # 7297 to approve Abstract #11 for FYE2013 consisting of TA vouchers 112 – 123 and General Fund vouchers 780 – 874 in the amount of $186,827.36 and instructs the Treasurer to make payments thereon. Discussion: no other comment All approve – no nays or abstains – motion carried  Chief Steinmetz asked Ms. Mangione about the one line item in the amount of $6,000 for the Policy and Procedure consultant. Most of the work will be done in the FYE13 budget year. The monies allocated in FYE12 will need to be reallocated for the FYE13 budget year as payments for work done will be processed after June 1, 2013.  Ms. Mangione indicated she would be sending the Board the budget documents by the end of Friday, April 12th. She will provide a sliding scale indicated what would happened with the tax rate based on budget obligations and will also provide a “snap shot” of the formerly called “Fast Facts” I. Report of Attorney – no report or comments J. Other Business – no other business K. Adjournment - 8:45 PM