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HomeMy WebLinkAboutReg Mtg. Minutes 10/18/199322 J VILLAGE OF CAYUCA HEIGHTS L'OARD OF TRUSTEES Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held October 18, 1993 at 7:30 PM in the Village Hall. PRESENT: Mayor Anderson; Trustees Collyer, Fleming, Kira, Perry, Pimentel; Attorney Geldenhuys; Supt. of P.W. Rogers; Police Chief Wall; Fire Supt. Leonhardt; Treasurer Silber. ABSENT: Trustee Janis. OTHERS PRESENT: Patrick Hyde of Petr -All Corp., two high school students. The meeting was called to order at 7:36 PM. Mr. Hyde from Petr -All Corporation (Heights Stop and Shop) addressed the meeting. In July they submitted a request for a renewal of the operating permit originally requested in 1982. It was brought to their attention that the license was to be renewed every five years. He felt that there was some confusion as to the original terms regarding what could or could not be sold. They submitted current items offered for sale and what they might like to sell. There were also concerns with. ABC violations from 1987 and 1988. The employees in question were terminated, and it is their Company policy that anyone found (either by the authorities or by the Company) to be sell--ng alcohol to the minors will be terminated. Trustee Pimentel asked how many people have been terminated from here in the past 11 years for ABC violations. Mr. Hyue will get back with this information. Mr. Hyde feels they've done a good job in the past 11 years and is here to receive any feedback from the Board so that they can proceed with the permit issuance and be in compliance. Trustee Collyer asked about the hours of operation. Mr. Hyde said that they are open until 11:00 PM whereupon they close the doors and spend approximately one -half hour closing out. Mayor Anderson. relayed some of the six concerns from the original permit reques They included providing a list of items to be sold, closing at 10:00 PM (as the sign on the door indicates), renewing permit every five years. Mayor Anderson and Chief Wall indicated that having access to a conveniently located telephone for emergency calls is a concern. It is important for fire, robbery, illness, injury, suspicious persons, etc. Mr. Hyde commented that providing a list of sales items is not a prob- lem. Supt. Rogers is not convinced about the usefulness of a list. Mayor Anderson stating that this was to provide a variety of businesses in the Village and minimize overlap between stores. Supt. Rogers also feels that the detailed list provided re- quires a considerable amount of time if used for enforcement. Other terms included: no building additions, and alterations require VCH approval. Station shall comply with VCH sign ordinance and not have lighted signs after hours. Hours no earlier than 6 AM and no later than 10 PM No outside storage or display.. All trash shall be in a closed dumpster behind the building. Lighting system changes require VCH approval. Permit shall be in effect for five years and is not assignable to any other party or corporation. Chief Wall raised issues of a security system. Mayor Anderson feels that perhaps they should be allowed to sell what they wish if the other items, particularly hours, can be observed. Mr. Hyde stated that he could offer a 10 :30 PM closing (doors lock at that time) and the provision of a phone. Supt. Rogers raised the issue of an out - building being added for the purpose of DEC required soil - contamination monitoring. Mr. Hyde states that once DEC says it is okay to stop they will remove it. Mayor Anderson and Trustee Pimentel stated a strong preference for 10:00 PM closing. The discussion ended at 8:15 PM. Minutes of September 20 and September 27. Trustee Collyer had a question on the minutes of September 20 regarding the Cable Commission. The Mayor stated that even if they on our behalf we can be involved at any time that we wish. [Aside: Trustee Col3yer said that he had heard that Kendal may not be building as much in the beginning as originally planned due to slow sign -up. Trustee Fleming said he has heard similar rritors.I Minutes of Regular Ploeting - 10 -18 -93 2 2. P, . Motion by Trustee Fleming, seconded by Trustee Collyer: VOTED to approve the minutes of 9/20 and 9/27/1993.as previously furnished Trustees ® in photocopy form. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Mayor's Report: Discussion with Bolton point the necessity of installing a backflow preventer. County Board of Health, on advice from the State, thinks that full protection should be required. Chief Leonhardt also brought this up at the last TC Fire Advisory Board meeting. The return of 1993 List of Overdue Taxes was circulated for Board Certification. The Mayor asked Chief Wall about the schedule for upgrading the street lighting. He replied that there is no scheduled date for update. They've also discovered a few lights that we were not paying for. Chief Wall has received recent complaints in the Winthrop- Simsbury - Burleigh area so he will pressNYSEG. We need to provide an answer to DEC on their inspection items. Supt. Rogers and Jerry Smith of the VCH WWTP are handling this. Response to the audit comments is required by the Treasurer. The right -of -way from Highgate to Savage Farm will be transferred to Kendal, as a part of their deed per John Majeroni. Cable franchise: Attorney Geldenhuys and Mayor Anderson attended a meeting last week. They believe that the best option is to have the State act on our behalf. This can be undone at a future time if the Board's position changes. Happy Day Playschool. The fees did increase from $15 (non - Village only) to $150 (all locations). The Mayor.asked the Public Works Committee to review the issue of the fees. The Treasurer requested that he be involved in this process. Motion by Trustee Fleming, seconded by Trsutee Pimentel: RESOLUTION 4515 - AUTHORIZE TRANSFER OF LIST OF OVERDUE TAXES TO COUNTY VOTED to authorize the Tax Collector to transfer the List of Overdue Taxes and Certification to Tompkins County for relevy. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Correspondence with T.G. Miller regarding missing boundary stakes along Remington Road and the various options for replacement while minimizing survey. The Mayor expresses appreciation to Supt. Rogers and the other engineers in the area for developing a workable medium -term plan for providing sewer service. The plan is to be presented to the Joint Committee overseeing the Ithaca Area plant for their approval. Call from Mr. Charles Levy regarding the lack of repaving on Highland. The Mayor explained the weather problems, etc. The road has now been repaved. The Mayor received a call from Mrs. Fowler regarding stakes on Village property on Highland that used to have reflectors that are now sharp objects that might injure a passerby. The Mayor asked the Public Works Committee to look into it. The TC Health Planning Council has scheduled three meetings on Public Health. The first was October 4, which was mostly on local concerns. The one on state concerns will be 10/19. The one on meetings were of-value. federal issues will be 10/25. The Mayor felt that these We have been informed that tipping fees will be $105 /ton for next year. This is just high enough that we'll have to increase the tag fees, but not a large charge. Supt. Rogers noted that we took in $19,866;'we paid approximately $18,300 for household trash. We also paid $1800 for bulky trash. We're just about breaking even. Discus- sion on the possibilities. Public Works Committee should look at it. 24minutes of ReLular M ^tang - 10/18193 3 SCLIWC billed the Village for checking water coming up in the back yard. It turned out that the water was from a neighbor flushing drains. It was suggested that perhaps the Village should cover it as a public relations measure. Generally if it takes less than two hours SCLIWC will cover the charge. It was felt that this charge should not be covered by the Village. In May the Board voted to authorize the Attorney to retain Mr. O'Reilly. They author- ized $5,000. Currenu bills to date are $5,600. People were pleased with the work done. The Attorney has a new bill which she will review. The Mayor presented a fax from Ithaca Agency 'to the Treasurer regarding the Public Officials liability. In August the Board passed a resolution regarding the charge -back for the Remington Road laterals. These bills were not sent out. The residents will have until November 15 (as opposed to October 1 in the origianl resolution). Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4516 - AMEND RESOLUTION 4497 VOTED to amend Resolution 4497 stating that, as one option, payment for sewer and water service installation on Remington Road would be made in full by 9/30/93, to show that the date has been extended to November 15, 1993. Trustees, Collyer, Fleming, Kira, Perry, Pimentel voted YES. The Mayor brought up the issue of Mr. Clune and the outstanding bill for guiderail damage. The Treasurer and the Attorney will handle this. The Board should amend the Zoning Ordinance to include the specific rezoning for the Savage Farm PUD. The approval of the PUD was granted, and we need to do the house- keeping to bring the Zoning Ordinance up to date. The Attorney will work with the ' Clerk to schedule a hearing on this. Report of the Community Association: None Report of the Fire Supt. - written report on file. Note correct spelling of abdominal. The Chief noted the fire this month at DEANCO, our involvement, and that 11 people went through on -scene decontamination and evalua- tion at TCH. Also$ the open house was held a week ago last Saturday. The weather did not cooperate but the turnout was good nonetheless. There were probably around 400 people there. At the last Board meeting there was a question raised about the differ- ent types of calls and the changes from previous years. (Written material distributed). The numbers are pretty consistent with previous years. Trustee Pimentel raised the question of fining residents for excessive false alarms. The Police Chief feels that it will reduce the use of alarms.. He prefers to work with the residents or alarm companies when problems arise. Report of the Treasurer - written reports on file. FEMA will provide $1,742 for assistance with the March blizzard. This is 758 of the eligible expenses. Motion by Trsutee Pimentel, seconded by Trustee Kira: RESOLUTION 4517 - AUTHORIZE COLLECTION OF IVEY BILL VIA SMALL CLAIMS COURT VOTED to authorize the Attorney to proceed through Small Claims Court for collection of the unpaid bill issued to John Ivey•in March, 1992 in the amount of $825.55. ' Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. New forms for reimbursement of mileage expense. Minutes of Regular Meeting - 10/18/93 254 The Treasurer received a quote for renewal of the Public Officials Liability insurance and expects that we will be able to have coverage continue without inter- ruption. ® Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4518 - APPROVE TRANSFERS VOTED to approve transfers as recommended by the Treasurer as follows: FROM Fund Transfers TO ' AMOUNT A5110.41 Streets Other A1440.41 Sup Pub Wks Cont Exp 2,000 A3120.42 Police Supply A3120.2 Police Equipment 500 A8020.4 Planning Expenses A3620.4 NYSUFPBC Cont Exp 34,000 A1990.4 General Contingency A8020.4 Planning Expense 2,000 A5110.43 Streets Insurnace A9040.8 Workers Compensation 4,458 A3410.43 F.D. Insurance A9040.8 Workers Compensation 1,547 G1990.4 Sewer Contingency G8010.41 ,Attorney Pers Svc 11000 G1990.4 Sewer Contingency. G8130.48 Purchased Sewer Svc 10,000 Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4519 - APPROVE BUDGETED FUND TRANSFERS VOTED to approve Budgeted Fund Transfers as recommended by the Treasurer as follows: 11. Authorize Budgeted Fund Transfers FROM TO AMOUNT F9501.9 Water Fund A2811 General Fund 81000 G9501.9 Sewer Fund A2810 General Fund 20,000 A9554.9 General Fund H5021 Capital Fund 302000 Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4520 - APPROVE ABSTRACT OF AUDITED VOUCHERS VOTED to approve the Abstract of Audited Vouchers in the following amounts: General Fund - $30,005.12; Sewer Fund - $24,379.18; Water Fund - $142.81.- with a correction as follows: Upstate Micrographics should be $211.20. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Report of the Attorney: ACC. Mayor and Attorney attended a session on the FCC regulations and rate issues given by a state attorney. Rate regulation is a fairly complex matter. The cable commission is offering the service to municipalities. Alternatively the municipality could choose not to regulate, however this places the municipality at the mercy of the cable company. They also offer assistance in negotiating contracts, which we may want to use in the future. Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4521 - NYS COMMISSION ON CABLE TELEVISION TO WORK IN VILLAGE'S BEHALF VOTED to have the New York State Commission on Cable Television conduct rate negotiations on behalf of the Village. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. 2 6 Minutes of a Regulat Meeting - :0/18/93 5 Motion by Trustee Kira, seconded by Trustee Pimentel: RESOLUTION 4522 - SCHEDULE PUBLIC HEARING IN CONNECTION WITH PUD VOTED to hold a Public Hearing on November 15, 1993 at 7:15 PM for the purpose , of entering the boundaries of the PUD in the Zoning Ordinance. Trustees Collyer, Fleming, Kira, Perry, .Pimentel voted YES. Police Contract has peen forwarded to the PBA representative. The outstanding arbitration may be withdrawn.pending the resolution of an outstanding workers compensation claim. There appears to be some confusion on behalf of the workers compensation judge regarding the facts. The attorney will work with our carrier's attorney to resolve this issue. There has also been a request for a post- ponement of the arbitration hearing. After evaluating the workers compensation issue the attorney will respond to this request. Chief of Police - monthly report on file. One Hepatitis B vaccine (Sgt. Lansing) needs to be repeated, followed by subsequent testing. All part -time officers have been immunized by their full -time department. Traffic citations have increased. The Police Chief plans on rewriting the Dog Control Ordinance due to gaps in the current one. There is concern regarding the possibility of rabies among the Village's deer population. The deer are quite prolific and have no predators in this area. There has been a reported rabies case in Cortland. There is a new parking situation that needs to be addressed soon on Highland road at the road to the Congregational Church. This is technically Country Club Road. Kelvin Place extension is just a dirt path connecting to Country Club Road. The road to Lakeland Apts. is being used for paid parking for Mack Travis (although the Village believes that this is Village property). Now people are parking on the other side of that road, and Chief Wall feels that soon they'll park along the dirt road. The attorney will investigate what needs to be done to restore these areas to the proper status. Specific areas to be researched initially: Country Club Road, Kelvin Place Extension, and the unopened section of Brook Lane. Other areas: The Trail, Trip- hammer Lane, section off of Berkshire, strip of property behind school. Extra patrols scheduled for Halloween (Sunday night). Superintendent of Public Works: Monthly report on file. Motion by Trustee Pimentel, seconded by Trustee Kira: RESOLUTION 4523 - ACCEPT BID FOR ROOF REPLACEMENT AT 825 HANSHAW ROAD VOTED to accept the low bid from J.D. Ferro for roof replacement on 825 Hanshaw Road. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. The $2,851 includes ice dam membrane not originally included in the bid. To be paicc. for from Capital Fund using the previously - budgeted General Fund transfer. Trustee Collyer raised the issue of striping of Remington Road. The issue of Wilson & Sons, Plumbing has been discussed. This is not considered a professional office and is in violation of the Zoning Ordinance. At one time it may have been an engineering office and legal, but it is not being used for that purpose now. Supt. Rogers will discuss with the Attorney. It has been brought to our attention by several people. The Superintendent would like to put the Public Works building out to bid by the next meeting. The Treasurer mentioned that in order to let a bid we'll need a Project Authorization, Financing Plan, and Bond Resolution (as well as any BAN authorizations). This is probably not practical by the next meeting, however, that should not prevent placing this out for bid. Minutes of Regular Meeting - 10/18/93 9 % Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4524 - AUTHORIZE SUPT. OF P.W. TO SEEK BIDS ® VOTED to authorize Supt. Rogers to seek bids for a DPW facility. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Mr. Shull was to attend; however, in his absence,'Supt. Rogers mentioned landscape and wall work that is planned for the area in front of his house on Highgate Place. This involves placing some shrubs in the road-right-of-way. Supt. Rogers raised issues of the Town Budget. Report of Clerk: Documents circulated during Mayor's report. Resolution passed during Mayor's report. Discussion of the Petr -All proposal. The Board feels that 10:00 PM is an appropriate closing time, a phone for emergency use, and broader categories for items for sale. Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4525 - APPROVE OPERATING PERMIT FOR PETR -ALL CORP. WITH ADDITIONAL CONSTRAINTS VOTED to approve the Operating Permit for Petr -All Corporation Stop 'N Shop with an addition to the original listing of the 1982 Operating Permit of the following: a phone for emergency use and a broader category for items for sale. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Motion by Trustee Perry, seconded by Trustee Kira-: RESOLUTION 4526 - ENTER EXECUTIVE SESSION VOTED to enter Executive Session at 11:28 PM to discuss personnel matters. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Reconvened into Regular Session at 11:34 PM. Trustee Perry moved and Trustee Collyer seconded to adjourn the meeting. Meeting adjourned at 11:34 PM Submitted by Jeffrey Silber