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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. 2 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, 13 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 5 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 6 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 7