HomeMy WebLinkAboutReg Mtg. Minutes 3/18/2002Minutes of the Regular Meeting
March 18, 2002
Village of Cayuga heights
Board of Trustees
Present: Mayor Anderson, Trustees Fleming, Kusse, Lynn, Collyer and Antil, Supt.
Cross, Treasurer Silber, Attorney Tyler, Police Chief Lansing
Absent: Trustee Dunning and Fire Chief Randall
Others: Jay Franklin, Bob Mitchell, Loren Compson, Ron and Carol Schmitt, Kay
Newman, Sue McNeil, Cathy Valentino
At 7:35 pm, Mayor Anderson opened the meeting to the Privilege of the Floor. Bob
Mitchell of Mitchell Ross asked to speak. He would like to come to closure regarding the
bill for the fire station. The station is basically complete, however, there are still open
items and they will be taken care of Due to the electrical contractor, the project wasn't
completed in a timely manner. Expenses were incurred due to keeping the Village's best
interests in mind. Treasurer Silber then recapped some background details. The issue to
be presented is a request from the architect in the amount of $22,600 due to the increase
of the scope of the project. The Board will discuss the matter further during the
meeting.
Jay Franklin from the Tompkins County Assessors Office then spoke at the request and
invitation of the Board. Jay gave an overview of the assessment process in the County.
The Board asked him to specifically discuss Kendal and their current assessment. Kendal
is currently assessed at $38,750,000. It was first assessed at $33,000,000, and then was
increased to $41,000,000 for the first full year (1996). The next reassessment was in
2000 and the assessed value went down to $38,750,000. Kendal is requesting a
$19,000,000 assessment and has sued the County for this assessment. The County
Assessors office is currently in the Discovery state of this lawsuit. Trustee Kusse
expressed his concern about what this drop in value would do to the Village tax base, and
asked Jay who would make the final decision. Jay said that Valeria Coggin, the Director
of Assessment, will make the final decision. She is in charge of this lawsuit along with
the County attorney and the attorney assigned on the case. Jay said that there are no
partial exemptions on a place like Kendal. Either it is fully taxable or fully exempt. On
May 1, the tentative roll will be released. Jay assured the Board that they will be kept
updated by the Assessors office. The Board thanked Jay for coming to the meeting and
answering questions.
Cathy Valentino then presented the proposed Fire Contract to the Board for their
approval and the Mayor's signature. She explained how a formula was worked out in the
agreement so that 5 years from now when the contract comes up for renewal, the parties
involved can just sign the contract. The Town Board had approved the contract the
previous week at their regular meeting on March 111". A couple of technical corrections
were proposed by the Treasurer in concert with the attorney for the Village.
Motion by Trustee Fleming, Seconded by Trustee Lynn
VOTED to pass Resolution 5065 authorizing the Mayor to approve the contract for
fire protection with the Town of Ithaca for the 5 year period beginning 1/1/2002 and
to apply the formula contained therein to the memorandum of understanding for
the calendar year 2001.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
With the minor revisions made, Mayor Anderson signed the 3 original copies of the
contract, giving one copy to Cathy Valentino with the Village of Cayuga Heights seal
imprinted on it. The other 2 copies were filed with the Clerk. Cathy Valentino thanked
Trustee Silber for all the time and hard work he put into this contract and expressed her
thanks to all involved.
Corrections to the minutes of the February 18, 2002 meeting were discussed. There was
one correction on page 4 and one correction on page 5. References to the Planning Board
on both pages should be changed to the Zoning Board of Appeals (ZBA).
Motion by Trustee Fleming, Seconded by Trustee Kusse
VOTED to approve the Minutes of the February 18, 2002 Board of Trustees
Meeting with the corrections noted above.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Mayor Anderson reported on the following:
- Mayor Anderson is appointing Marian Kira to the Zoning Board of Appeals
(ZBA) to fill the vacant position. Mayor Anderson will contact Joe Petrillose
to ask him if he would like to be an alternate on the ZBA.
- Regarding Intermunicipal Sewer — Negotiations are still going on. Supt.
Cross will report on the meeting lie and Trustee Lynn had in Albany with the
DEC relative to the findings.
- The Village received information from Rep. Hinchey relative to emergency
preparedness and the steps to take.
- Congressman Schumer sent a letter regarding FEMA and aid for firefighters.
The Mayor forwarded the letter to Jeff Randall. Trustee Silber will work with
Fire Chief Randall to apply for a grant.
- A request was received from the Day Care and Child Development Council
asking the Board to proclaim April 7 -13 as the Week of the Young Child in
Cayuga Heights. The Board approved and the Mayor will sign and send the
Proclamation to the Day Care Council.
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Police Chief Lansing presented his report, which is on file.
Chief Lansing received a letter from a village resident thanking us for the
increase in signage around the school.
Chief Lansing has received a proposal for the new radios he would like to
purchase for the police office and the police cars. The proposal is for $8600.
The Chief asked for the Board's approval to proceed with the purchase.
Motion by Trustee Fleming, Seconded by Trustee Antil
VOTED to approve the proposal from Kenwood for $8600 for new radios for the
Police Department.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Fire Supt. Randall was not present; however his report was on file.
Superintendent of Public Works Cross presented his report, which is on file.
At the last Trustee meeting, Supt. Cross was directed to ask Stearns & Wheler to
add a statement to their Phosphorous Engineering Report contract that would
guarantee their results for 3 -5 years. They were reluctant to do so. Trustee Lynn
and Supt. Cross met with Stearns & Wheler to discuss outstanding issues with the
Bond Act projects. Stearns & Wheler suggested a face -to -face meeting with the
Water Resources Division Director at the NYSDEC Headquarters in Albany. A
copy of the report on that meeting is attached to Supt. Cross's report.
Motion by Trustee Lynn, Seconded by Trustee Fleming
VOTED to approve the removal of any conditions placed on the Stearns & Wheler
Phosphorous Engineering Report that was referred to at the February Board of
Trustees Meeting.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Supt. Cross presented a draft of the following resolution for passage by the Board.
Motion by Trustee Fleming, Seconded by Trustee Collyer
VOTED to approve Resolution 5066 to designate the Village of Cayuga Heights
acting through its Board of Trustees as the Lead Agency for review of the proposed
Phosphorous Filtration Project at the Village's WWTP potential environmental
impacts in accordance with 6 NYCRR Part 617:
WHEREAS the Village has determined that increased phosphorous filtration at the
WWTP will be necessary to comply with anticipated future regulatory standards,
and
WHEREAS the Village has authorized Stearns and Wlieler Engineers to prepare an
engineering study to determine the scope of work the physical improvements of the
proposed project, and
WHEREAS the project will create a new "footprint" on the existing lands of the
WWTP which is defined by 6 NYCRR as an UNLISTED ACTION, and
WHEREAS the Stearns and Wheler report will also prepare an Environmental
Assessment Form which will consider any potential environmental impacts due to
the project, and
WHEREAS the Village anticipates that the NYS 1996 Clean Water Bond Act will
fund 85% of the reimbursable construction costs for the project, and
WHEREAS the Village anticipates the use of the NYS Revolving Funds to finance
the remainder of the project cost through lost interest loans,
NOW, THEREFORE the Village of Cayuga Heights, in due consideration of the
above information, does hereby designate the Village of Cayuga Heights acting
through its Board of Trustees as Lead Agency for the review of the potential
environmental impacts of this project, and
THEREFORE, the Village will notify other Affected and/or Interested Agencies,
and the general public, upon identification of the environmental impacts, and
THEREFORE, the Village will publicly advertise the findings and determination of
environmental impacts upon completion of the SEQRA process.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Ed Quick is still out on Workers Compensation with no immediate time to return
to work in sight. Supt. Cross has consulted with Laurie Johnson of True, Walsh
and Miller regarding the possibility of hiring a temporary employee while Ed is
out. The Board will go into Executive Session to discuss further this matter. At
the same time, the Board will discuss Ed's request to receive the $1050 health
supplement that he is not receiving while receiving Worker's Compensation.
On the subject of Zoning Enforcement, Z.O. Cross discussed the matter of an
individual with an existing 8 ft. high wood fence and an 8 ft. high chain link fence
whose permit has been denied. The applicant may seek a variance, but has
suggested an alternative design which calls into question what the definition of
what a fence really is. It has been suggested that a permit be issued for any fence,
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not just those over 4 R high. Mayor Anderson agreed, but the Board can't really
act on that until a description of a fence is agreed on my all members. Attorney
Tyler suggested that the Board give the individual with the existing 8 R. fence a
"stay" on any cease and desist order as to the wood fence but not on the chain link
fence, and the applicant should apply for a variance immediately for the chain link
fence.
Motion by Trustee Fleming, Seconded by Trustee Kusse
VOTED to approve the "stay" on the cease and desist for the wooden fence pending
further action by this Board, but not on the chain link fence and tine individual
should apply for a variance immediately for the chain link fence.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Another fence has been brought to Z.O. Cross's attention but the homeowners are
apparently out of town. Z.O.Cross.will send a notice to the homeowner.
The Yaws Operating Contract will need to be reviewed as part of the new budget.
The Village is currently operating without a written contract with Yaws. Supt.
Cross has a contract proposal from Yaws. Attorney Tyler and Treasurer Silber
need to review the contract along with the Public Works Committee.
Attorney Tyler presented his report.
Regarding the Sapsucker Woods agreement with the Town of Dryden,
Attorney discovered that the O'Connor's divided their parcel into 2 houses and
one vacant land parcel. Attorney Tyler is expecting to hear back from Attorney
Perkins soon regarding this matter.
There was much discussion about the Fire Station and its incidental use. There
has been a request of the Board from a group which would like to use it for
fundraising, as well as meetings. Attorney Tyler is generally not in favor of using
the station for fundraising; however, Chief Randall thinks that it is OK, but only
for those groups from the Northeast area/Cayuga Heights. The concerns are many,
i.e. costs involved, liability, and wear and tear on equipment, etc. Trustee Lynn
thinks that the Village should stick to the meeting room concept — no fund raising
for the time being. The Board was in agreement.
The subject of employment of minors was brought up. Supt. Cross said
that because of all the rules and regulations involved, he just won't hire anyone
under the age of 18 during the summer. This will be further discussed at the next
Board meeting.
There was much discussion on the letter received from Sarah Grace Campbell,
attorney for NYSEG, and the status of the "structure" at Cayuga Heights
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Elementary School. The Board directed Attorney Tyler to respond to Attorney
Campbell that the only proposal that the Board agrees with is Option 3, but it is
not our responsibility to pay for it, and NYSEG will be liable for any injury
incurred due to accidents caused by the structure being in the line of view.
Attorney Tyler will send a copy of a draft letter to Board members for their
review and comment later in the week.
Treasurer Silber presented his report, which is on file.
The NYS Risk Assessment (audit) has been completed by the Office of the
State Comptroller with no significant problems to report. A letter will be sent
to the Mayor, Treasurer and Clerk outlining some situations to be resolved.
Transfers — Because the Highland Road project came in over budget, there
had to be some transfers from the general contingency to contract expense
accounts. A copy of the transfers is amended to these minutes.
After much discussion regarding the request for an additional $22,000 due to
the increase in the scope of the Fire Station project from Bob Mitchell, a
figure of $20,000 was brought before the Board by Mayor Anderson.
Motion by Trustee Fleming, Seconded by Trustee Antil
VOTED to respond to the architect with a check in the amount of $20,000.
Mayor Anderson, Trustees Fleming, Lynn, and Anti] voted YES.
Trustees Kusse and Collyer Abstained.
Motion was passed.
The budget draft was filed with the Clerk and presented to the Board. There will
be a Public Hearing on April 1 at 7:00 on the Proposed Budget, and a Public Hearing at
7:25 on April 1 to change Local Law regarding the increase in sewer rents.
Transfers were presented and a copy is attached to these minutes.
Motion by Trustee Fleming, Seconded by Trustee Kusse
VOTED to pass Resolution 5067 to approve Transfers attached to these minutes.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES.
Abstract of Vouchers was presented.
Motion by Trustee Kusse, Seconded by Trustee Fleming
VOTED to pass Resolution 5068 to approve Abstract of Vouchers.
Trustees Fleming, Lynn, Kusse, Collyer and Antil voted YES
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The Clerk asked for a motion to refund $5.40 to Pinky Chandra of 1008 Triphammer
Road, Account 02318, for penalty charged for late water payment. Mr. Chandra feels
that the payment was, in fact, at the Village office on time or lost in the mail.
Motion by Trustee Lynn, Seconded by Trustee Antil
VOTED to refund $5.40 to Pinky Chandra of 1008 Triphammer Road for late water
payment penalty.
Trustees Fleming, Lynn, Kussc, Collyer and Antil voted YES
Motion by Trustee Antil, Seconded by Trustee Fleming
VOTED to move into Executive Session at 11:58 pm to discuss personnel action on a
specific individual pending litigation.
Motion by Trustee Fleming, Moved by Trustee Collyer
VOTED to move out of Executive Session at 12:20 am.
Motion by Trustee Lynn, Moved by Trustee Antil
VOTED to adjourn the meeting at 12:21 pm.
Norma Manning
Clerk
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