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HomeMy WebLinkAboutReg Mtg. Minutes 2/18/2002Minutes of the Regular Meeting February 18, 2002 Village of Cayuga Heights Board of Trustees Present: Mayor Anderson, Trustees Fleming, Kusse, Lynn, and Antil, Supt. Cross, Treasurer Silber, Attorney Tyler, Police Chief Lansing, Fire Chief Randall Absent: Trustee Collyer and Trustee Dunning Others: Sue McNeil, Dooley Kiefer, Kay Newman, Mary Cullen, Ron and Carol Schmitt, Witold Golkowski (High School student) and his interpreter, Tim Findling. At 7:15 pm, Mayor Anderson opened the Public Hearing on the Revised Dog Law. Attorney Tyler discussed the different sections of the current law and recommended the following changes: Section 2, sub - section a. should read "is not under control and not restrained by an adequate collar and leash or harness when not on the owner's property; Section 13 should read "...and shall be punishable by a fine of not more than $250 for each violation or by imprisonment for a term not to exceed 15 days for each violation." Section 9, sub - section c. part 2 " ... and $5 for each twenty -four hours or part thereof..." part 3 "... and $5 for each twenty four hours or part thereof..." At 7:35 pm, Trustee Fleming moved to close the Public Hearing. Trustee Antil seconded. Trustees Fleming, Kusse, Lynn and Antil voted YES. At 7:35 pm, the second Public Hearing was opened to discuss the Cayuga Heights School Speed Zone. Attorney Tyler agreed with the wording of the proposed Local Law which adds the following to Section 6, Local Law #3 of 1991 — Traffic Control: (2) as provided in this section whenever mccrinuan school speed limits have been established ore a highway adjacent to a school, No Person shall drive in wcess of such numimrun school speed limits daring school days between the hours of seven o'clock A.M. and sty o'clock P.M. Dooley Kiefer asked if the boundaries for a school speed zone are delineated anywhere. Police Chief Lansing explained that per the Vehicle and Traffic Laws, a school speed zone begins 300 ft from the entrance to the school (where signs will be posted) and ends where the 30 mph signs begin. At 7:40 pm, Trustee Antil moved to close the'Public Hearing. Trustee Fleming seconded. Trustees Fleming, Kusse, Lynn and Antil voted YES. The regular meeting was called to order at 7:40 pm by Mayor Anderson. There were corrections to the minutes of January 21 as follows: On page 1, bottom paragraph, Ms. Fleming should be Ms. Cullen. Page 2, Public Hearing on Dog Law, take out the word "generally ". Page 2, all references to Barbara Blanchard should be Barbara Eckstrom. Page 2, reference to Acting Fire Chief Randall; take out the word "Assistant ". Page 5, when approving the Abstract of Vouchers, the words "Copy of which is appended" should be added. Motion by Trustee Fleming, Seconded by Trustee Kusse VOTED to approve the Minutes of the January 21, 2001 Board of Trustees Meeting with the corrections noted above. Trustees Fleming, Kusse, Lynn and Antil voted YES. Mayor Anderson reported that lie had been out of the office for a while recuperating from some medical conditions and things were proceeding along nicely in his absence. +++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ Police Chief Lansing presented his report, which is on file. There is a proposal in to the 911 Committee to revamp the system that is currently being used until decisions are made on changing to 800 MHz. Mayor Anderson asked about the money set aside for the changeover to 800 MHz. Chief Lansing explained that he is going to replace the department's Motorola radios with Kenwood radios. Trustee Kusse asked if there has been any improvement with crime at Kendal. Chief Lansing replied that there is a big step being taken which should help work things out at Kendal. The proposal to pass Local Law #3 — Revision of Section 6 titled "Speed Regulations of 1991 Traffic Control ". Section 6: Maximum Speed Limits. Thirty (30) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed on highways within the corporate limits of the Village of Cayuga Heights, except; (1) NYS Route 13; (2) as provided in this section whenever maximum school speed limits have been established on a highway adjacent to a school, No Person shall drive in excess of such maximum school speed limits during school days between the hours of seven o'clock A.M. and six o'clock P.M. Motion by Trustee Antil, Seconded by Trustee Lynn VOTED to pass Local Law #3 revising Section 6 entitled "Speed Regulations of 1991 Traffic Control" as stated above. This Law will be effective upon filing with the Department of State. Trustees Fleming, Kusse, Lynn and Antil voted YES. - The proposal to amend Local Law #1 of 1980 entitled Dog Control — Section 2, sub - section a. should read "is not under control and not restrained by an adequate collar and leash or harness when not on the owner's property; Section 13 should read "...and shall be punishable by a fine of not more than $250 for each violation or by imprisonment for a term not to exceed 15 days for each violation." Section 9, sub - section c. part 2 " ... and $5 for each twenty -four hours or part thereof..." and sub - section c. part 3 " ... and $5 for each twenty four hours or part thereof..." Motion by Trustee Kusse, Seconded by Trustee Antil VOTED to amend Local Law #1 of 1980 entitled Dog Control as stated above, to be effective upon filing with the Department of State. Trustees Fleming, Kusse, Lynn and Antil voted YES. Fire Supt. Randall presented his report which is on file. Supt. Randall asked the Board to approve the purchase of 5 SCBA air pacts. Motion by Trustee Fleming, Seconded by Trustee Lynn VOTED to pass Resolution 5057 to approve the purchase of 5 new SCBA air packs at a total cost of approximately $18,000. Trustees Fleming, Kusse, Lynn and Antil voted YES. Supt. Randall then asked the Board to approve the purchase of 8 sets of turnout gear to replace the older sets of turnout gear. Motion by Trustee Fleming, Seconded by Trustee Antil VOTED to pass Resolution 5058 to approve the purchase of 8 sets of turnout gear at a cost of approximately $8,100. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. Supt. Randall asked for an interpretation of the station use policy as it pertains to fundraisers. The Ithaca United Track Club was asking to hold a spaghetti dinner to raise money for their organization. The matter was deferred pending discussion with the Treasurer and Attorney. Treasurer Silber noted that Jeff Randall is the Fire Superintendent, not the Fire Chief, during his actions at the Board of Trustees meetings. Treasurer Silber asked for a formal resolution stating that Jeff Randall is the Fire Superintendent and stating his annual compensation. Motion by Trustee Kusse, Seconded by Trustee Fleming VOTED to pass Resolution 5059 to approve Jeff Randall in the position of Fire Superintendent effective 2/1/02 at an annual compensation as stated in the Fiscal Budget 2001 -02. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. Superintendent of Public Works Cross presented his report, which is on file. Mayor Anderson received a phone call from Steve Eidt, NYSDEC, asking that the Board reconsider proceeding with the Engineering Report for the Phosphorous Filtration project. Trustee Lynn asked if Stearns and Wheeler can do such a report. Can the Village write a letter to the NYSDEC which would be contingent on us getting money from the Bond Act? Steve Eidt says that we will get 85% funding but will not put it in writing. Trustee Fleming asked if we can get assurances from Stearns and Wheeler that this report can last for 2 -3 years and can they make corrections as needed. The Mayor and Supt. Cross had a conversation with DEC regarding this. Trustee Lynn asked if a decision needed to be made at this Board meeting. Supt. Cross said that Steve Eidt has sent applications to Albany (by the end of February) and would like ours to increase the chances of our application to receive further funding. Dooley Kiefer added information as a member of the CWRC. There was discussion on whether the Board should move ahead with the report with no guarantees. Mayor Anderson thought that this report would be a good thing to have. Trustee Fleming agreed. Stearns and Wheeler has given us a written proposal. Motion by Trustee Kusse, Seconded by Trustee Lynn VOTED to approve a sum Not to Exceed $21,600 for a report to be prepared by Stearns and Wheeler that will be submitted to NYSDEC for the phosphorous filter project at the WWTP (Waste Water Treatment Plant). Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. Supt. Cross asked whether the Village should renew Yaw's contract for operation of the WWTF. Atty. Tyler said that we shouldn't at this time with the sewer consortium negotiations pending. Supt. Cross, Atty. Tyler and Treasurer Silber will look further into this. - Sapsucker Woods "sewer units" — The Board deferred the decision on granting the sewer units to the new building at the last Board meeting. The Town of Dryden has 4 unused allocated sewer units available with no use for them. Treasurer Silber suggested that the Board should agree to the permit so the Village can get paid for the permit and back charge for the permit. Motion by Trustee Fleming, Seconded by Trustee Lynn VOTED to pass Resolution 5060 allowing sewer connections on the east side of Sapsucker Woods Road (2 for O'Connor previously approved and for Cornell's maintenance building), leaving one unused unit in the Town of Dryden, to be memorialized by a memorandum of agreement with the Town of Dryden to allocate these remaining units, and to modify /extend the Dryden Sewer District No. 1 Contract. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. An upcoming fence variance request was postponed until the Zoning Board of Appeals has their 51h seat filled. Mayor Anderson commented that Marian Kira volunteered to be a member of the Zoning Board. She is well qualified for the position. The Zoning Board does not currently have alternates, so others who are interested could 4 be trained and sign on as alternates. The position of Zoning Board member is a Mayoral appointment, not a Board of Trustees appointment. Attorney Tyler presented his report. Attorney Tyler shared a letter he received from Sarah Campbell, attorney for NYSEG, regarding a meeting on February 4 with Supt. Cross, Trustees Collyer and Fleming regarding the small NYSEG building near the Cayuga Heights Elementary School. All were in agreement that the building as it stands cannot stay, but the question is how to change it. How low can any structure be and still house the equipment that it has inside it? Cost is a big factor. Atty. Tyler thinks that the Village should pressure NYSEG into making a decision on a change. We should tell them that we understand that any changes will cost money, but they need to move forward with structural changes. The ideal height would be 3 ft. or less. Atty. Tyler suggested Chief Lansing to draft a letter that could be sent to NYSEG's attorney again explaining that even though cost is an issue, safety is the bigger issue. A recommendation of a "flip box" was made and it was explained that when NYSEG went to the school district before the "house" was built, the district said did not want a "flip box" on school property. A recommendation was also made to put a fence around the structure, but the fence would have to be 6 ft. high, and then NYSEG would need a variance from the ZBA. Chief Lansing suggested that the Village further investigate the "flip box" issue, even though the cost would be high. One final suggestion was to lower the equipment inside and put a chain link around the whole thing. Trustee Fleming commented that the Board should wait until NYSEG comes back with a suggestion before any more time is spent on the subject. Atty. Tyler had a conference call with Bob Mitchell and Treasurer Silber regarding the money claimed owed under the electrician's contract on the Fire Station project. There are still things to be addressed on the punch list and Treasurer Silber will be working on the list. Atty. Tyler requested an Executive Session at the end of the meeting. Treasurer Silber presented his report, which is on file. - Since this is budget time, Treasurer Silber will present a one hour overview of the procedure on Saturday, February 23 in the Board Room. This is open to all existing and new Trustees. 5 The State of New York is conducting a risk assessment on the Village. The State performs these assessments in place of the outdated audits. - Treasurer Silber asked the Board to pass two resolutions — one to modify personnel handbook for 4 1 J retirement and to offer direct deposit to non - bargaining unit employees. Motion by Trustee Fleming, Seconded by Trustee Kusse VOTED to pass Resolution 5061 stating that the Personnel Handbook for Village Employees be modified as follows: *The new title shall be "Personnel Handbook for Non - Bargaining Unit Village Employees." *Modify the final sentence of the section entitled "Sick Leave" (section 7 as follows: "Sick time accrual above 960 hours, less any hours used for additional service under section 41J of the retirement plan, will be paid at retirement at the employee's final rate of pay." *Modify the section entitled "Retirement" (section 14) as follows: following the sentence ending "... entrance into the retirement system" add "Employees may use accrued sick time for additional service credit under section 41J of the retirement plan. Hours used for additional service may not be counted towards any payout under the sick time provisions." *Add to the section entitled "Work Week" the following: "Tile Village may offer an option to employees permitting paychecks to be deposited directly to their bank accounts." Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. Motion by Trustee Kusse, Seconded by Trustee Fleming VOTED to pass Resolution 5062 stating that anyone issuing a check to the Village of Cayuga Heights that is returned unpaid will be subject to a fee of $20 per check. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. - Trustee Kusse commented that VCH residents are asking about the Kendal assessment situation. He asked if someone from the Board of Assessors office could make a presentation to the Board of Trustees on the assessment process. The Board directed Clerk Manning to set this up with the Board of Assessors for the March meeting. - Treasurer Silber stated that the Highland Road project went significantly over budget. Discussion regarding this will continue at the March meeting after a meeting with the Public Works Committee. Treasurer Silber presented Transfers as follows: From To A03410.410 Fire Dept. Contr Exp A03410.490 Fire Dept. Eqpt Maint 1,000 A01990.4 General Contingency A03620.400 NYSUFPBC Contr Exp 200 A01990.4 General Contingency A05142.410 Snow Contr Exp 2,000 6 A01990.4 General Contingency A05142.490 Snow Eqpt Maint 3,000 G01990.4 Sewer Contingency G08120.1 Sewer Lines Pers Svc 4,000 Motion by Trustee Fleming, Seconded by Trustee Kusse VOTED to pass Resolution 5063 to approve Transfers as listed in these minutes. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. - Treasurer Silber presented the Abstract of Vouchers. Motion by Trustee Fleming, Seconded by Trustee Kusse VOTED to pass Resolution 5064 to approve Abstract of Vouchers, copy attached. Mayor Anderson, Trustees Fleming, Kusse, Lynn and Antil voted YES. Attorney Tyler commented on the progress of the process of the Consortium and his conversation with Susan Brock. A key issue to be resolved is determining a value of the sewer treatment plant and a sound financial basis on which to add it to the Consortium. There was no Clerk's report. Mayor Anderson questioned the Board as to whether they want to start up the process again of presenting the department Annual Reports at a public meeting. This used to be done but there was little participation by the public. The Board decided to stay with the way the presentation is being currently done ... at the February Board meeting. Motion by Trustee Kusse, Seconded by Trustee Lynn VOTED to move into Executive Session at the request of the Attorney to consult with Trustees, Treasurer and Mayor at 9:45 pm. Motion by Trustee Lynn, Moved by Trustee Antil VOTED to move out of Executive Session at 9:49 pm. Motion by Trustee Lynn, Moved by Trustee Antil VOTED to adjourn the meeting at 9:50 pm. Norma Manning Clerk 7