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HomeMy WebLinkAboutReg Mtg. Minutes 11/17/2003Minutes of Regular Meeting November 17, 2003 Village of Cayuga Heights Board of Trustees Present: Mayor Lynn, Trustees Antil, McNeil, Staley, Collyer, Mount and Kusse. Atty. Tyler, Fire Supt. Tamborelle, Supv.Quick, Supt. Cross, Treasurer Silber. Absent: Police Chief Lansing, Ed Quick Others: Linda Hirvonen, Saroj Rao, Carol and Ron Schmidt At 7:00 pm, Mayor Lynn called the meeting to order. The Minutes of October 20, 2003 were previously presented to the Trustees. There was one correction on page 4 ... On the first motion made by Trustee Collyer, , "No action was taken on this motion" should be added. Motion by Trustee Antil Move to approve the minutes of October 20, 2003. Trustees Antil, Collyer, Kusse, McNeil, Mount, and Staley voted YES. Privilege of the Floor No members of the Public wished to speak at the Privilege of the Floor. Report of the Mayor Mayor Lynn reported on the following: Lynn Kessler, our Deputy Clerk, has returned after her leave of absence. Mayor Lynn welcomed Lynn back to work and wished her well. Intermunicipal Agreement — The Final Environmental Impact Statement (FEIS) was approved by the DEC on November 13. Copies are available for inspection and review in the Village Hall. Following the anticipated change in how the Town of Ithaca's sewage flows, currently treated by the VCH and which will be treated at the Ithaca WTP will require restructuring existing contracts between the Village, the Village and Town of Lansing, and the Town of Ithaca. Mayor Lynn asked the Attorney, Treasurer, and Engineer to meet to review the needed changes in these contracts so that we can proceed to finalize these matters. Page 1 of 12 Mayor Lynn regretted to inform the Trustees of the resignation of Acting Justice Clarence Larkin. Justice Glenn Galbreath is recruiting a replacement at this time. The process has begun for the forthcoming election dates. The following are up for re- election: Mayor, Trustees Kusse, Mount and McNeil. Rosemary Parker, our dedicated Village Hall gardener, advised the Mayor that there were two or three new recruits who will join in the work on the garden. Her notice in the last issue of the Courier produced dividends. A list is currently being prepared of Boards, Committees, Councils, etc. to which the Village is invited to nominate members. The Village is asked to appoint representatives to: Environment Management Council Tompkins County Youth Services Board Water Resources Council. The Clerk is working with the Mayor to identify individuals who might be interested in serving on the above organizations as well as others as vacancies become available. We need the help of the Trustees in this regard. If any Trustees know of individuals interested in participating in these kinds of matters, please advise the Clerk or the Mayor. A suggestion was made to put this request in the next issue of the Courier. Mayor Lynn reported that he received a notice by David Pimental, Village Forester, expressing his desire to resign as he was moving from the Village. Mayor Lynn distributed copies of an informal Mutual Aid Agreement between the Cayuga Heights Fire Department and the Ithaca City Fire Department which was endorsed by John Pique, then Fire Chief, on February 27, 2003. This agreement was not brought before the Board prior to signing, and the Mayor wanted the Board to ratify the agreement. Motion by Mayor Lynn Move to pass Resolution 6033 approving the Mutual Aid Agreement between the Cayuga Heights Fire Dept. and the Ithaca Fire Department. Trustees Antil, Collyer, Kusse, McNeil, Mount, and Staley voted YES. Mayor Lynn called the Board's attention to the document entitled "Southern Cayuga Lake Intermunicipal Water Commission, Bolton Point Water System, Agreement to Change Water Rate Schedule which was sent the Trustees earlier.. Motion by Trustee McNeil Move to pass Resolution 6034 Southern Cayuga Lake Intermunicipal Water Commission, Bolton Point Water System, Agreement to Change Water Rate Schedule Trustees Antil, Collyer, Kusse, McNeil, Mount, and Staley voted YES. Page 2 of 12 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE WATER RATE SCHEDULE THIS AGREEMENT to change Water Rate Schedule is made as of the I" day of January 2004, between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and on behalf of all water districts in the TOWN OF DRYDEN served by the Southern Cayuga Lake Intemiunicipal Water Commission, (hereafter referred to as "Dryden "), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York (hereinafter referred to as "Ithaca "), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of all water districts in the TOWN OF LANSING served by the Southern Cayuga Lake Intermunicipal Water Commission, (hereinafter referred to as "Lansing Town "), VILLAGE OF LANSING, on its own behalf and as successor to LANSING WATER DISTRICT 1, Tompkins County, New York, (hereinafter referred to as "Lansing Village "), and VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred to as "Cayuga Heights "), all of the parties hereto sometimes collectively or individually referred to hereinafter as "Municipalities" or "Municipality", WITNESSETH: WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an intermunicipal water supply and transmission system dated as of June 5, 1979 as the same has been amended from time to time (the "Agreement"); and WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "Commission', water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule in the form annexed to this modification agreement; and WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS, the parties believe it is necessary to amend Exhibit I of the Schedule A further; and WHEREAS, the parties are willing to agree to such change; Page 3 of 12 NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant to the Agreement, the parties hereby agree that Exhibit I of Schedule A annexed to the Agreement be amended effective January 1, 2004 to the rate as set forth on the Exhibit I annexed hereto, and such exhibit is adopted as Exhibit I, the water rate schedule, for all purposes under the Agreement. This modification agreement may be executed in multiple counterparts which, when taken together, shall constitute a complete document even though each of the counterparts may not bear the signatures of all of the parties. IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and year set forth above. EXHIBIT I SCLIWC - BOLTON POINT WATER SYSTEM 2004 WATER RATE SCHEDULE EFFECTIVE JANUARY 1, 2004 RATE STRUCTURE: The flat rate charge per 1,000 gallons shall be non - fluctuating and equal to two dollars and four cents ($2.04). This rate is equal to one dollar and fifty -three cents ($1.53) per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1, 2004. Actual or base consumption may occur prior to January 1, 2004. MINIMUM BASE CHARGES: Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 1, 2004. The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: BASE MINIMUM BASE METER SIZE CONSUMPTION CHARGE (INCHES) (GALLONS) (DOLLARS) 3/4 10,000 20.40 1 30,000 61.20 1 -1/2 45,000 91.80 2 90,000 183.60 3 140,000 285.60 4 200,000 408.00 6 350,000 714.00 Page 4 of 12 Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable , consumption for a three- quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three- quarter inch meter (e.g., if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 100,000 gallons, the Commission billing would be $408.00 (20 units times $20.40) rather than $204.00 (100,000 gallons at $2.04/1000 gallons)) An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year. The annual charge for this service shall be $20.00 per diameter inch of the pipe supplying the fire suppression system. The pipe supplying the fire suppression system is the pipe needed to supply the fire suppression system, installed downstream of the system control valve. The water application fee shall be $125.00 for each new service for which application is made after January 1, 2004, plus the cost of a meter, tap, accessory materials, and installation costs in a location approved by the Southem Cayuga Lake Intermunicipal Water Commission. SCHEDULE A June 6, 2003 1. Water districts located in the Town of Dryden Dryden Water District #1 -Varna area Snyder Hill Water District Monkey Run Water District Hall Road Water District Turkey Hill Water District 2. Water districts located in the Town of Lansing No. Location 2 Lansing Central School and Myers Road. 2,Ext. #1 Lansingwood Apts. (Pro - Dietershagen Property). 2,Ext. #2 Ladoga Park. 2,Ext. #3 Wilderness Road 3 McKinney's -East Shore Drive at foot of Esty's Hill. 4 Borg Warner property - Warren & Cherry Roads. Page 5 of 12 5 Roads. 6 6,Ext. #1 7 Shore Drive, 7,Ext. #1 7,Ext. #2 7,Ext. #3 7,Ext. #4 Wilco 7,Ext. #5 7,Ext. #5 -1 7,Ext. #6 7,Ext. #7 7,Ext. #8 7,Ext. #9 Tompkins County & Cornell University Lands - Warren & Cherry Horizons Subdivision - Alex Cima. Horizons Estates Hud & ARC project areas - North Triphammer, Asbury, East Auburn & Brickyard Roads. HUD Grant - Hamlet of Ludlowville. Expanded NYSDFY Facility - Girl's School. Lands of Moore - East Shore Drive Emergency Connection NYS Route 34, East Shore Drive, Between and Waterwagon Road. John Hicks Subdivision - Waterwagon Road. Hick's Subdivision Phase 2 Phase I Water Main Extension - Town Board Road. Swearingen property - East Shore Drive below Colonial Cleaners Lychalk property - Drake Road. HUD grant Myers Road, Myers Heights, portion of Ridge Road to Ludlowville Road intersection. 7,Ext. #10 NYSDFY Boy's School - Louis Gossett Center. 7,Ext. #11 Proposed E. Shore Circle Area from E. Shore Drive bridge to Teeter Rd. (Proposed). 7,Ext. #12 Lansing Center Commercial Park (Proposed) 8 Buck Road - between Brickyard and Wilson Roads. 9 Warren Road area. 10 Ludlowville area - north of W 42. 11 Shulman subdivision - East Shore Drive at top of Esty Hill. 2 E. Shore Drive area, East Shore Circle, Teeter Road, Eastlake subdivision, Cayuga Lake Highlands, Lakewatch Development. 12,Ext. #1 Bolton Point Road - access from Orear's property. 12,Ext. #2 East Shore Circle 13 Horvath and Asbury Drive area, Triphammer Terrace. 14 Hillcrest, Stormy View, Bean Hill, Grandview Drive, Whispering Pines Development, Forest Acres. 15 North Triphammer between Asbury and Peruville Roads. 16 Autumn Ridge subdivision. 17 Milliken Station Water - top of Ludlowville Hill, Ridge Road to Milliken plant. 17,Ext. #1 Lakeview Drive and Sperry Lane. 17,Ext. #2 Emmons Road from Ridge Road to Davis property. 17,Ext. #3 Fiddlers Green area. 17,Ext.#4 Pinney Lane Subdivision 17,Ext. #5 Algerine - Lansing Station Road Area (Proposed) 17,Ext. #6 Lake Ridge Point 17,Ext. #8 Flinn 17,Ext. #9 Overstrom 17,Ext#10 Pinney Page 6of12 18 Portland Point Road 19 Franklyn/Maple Superintendent Cross asked the Village Board, acting as the Planning Board, to approve a subdivision of tax parcel 7.4-3 into two building lots. He presented the background information for the request in some detail. Motion by Trustee Kusse Move to pass Resolution 6035 Trustees Antil, Collyer, Kusse, McNeil, Mount, and Staley voted YES. Resolution to approve the Subdivision of Tax Parcel 7.4-3 into two building lots. Whereas the owner(s) of the land known as 533 Cayuga Heights Road have filed an application to divide this parcel into two building lots, and Whereas, the Village Board of Trustees acting as the Village Planning Board, are authorized to approve such request, and Whereas, the Village Zoning Officer has determined that the proposed lots will both be in compliance with the minimum requirements for a building lot, and Whereas, the proposed action is considered to be a Minor Subdivision as defined by LL #2, Section III A.2, which does not require the Board to conduct a public hearing, and Whereas, the action of a two lot subdivision is considered to be a Type II SEQRA Action according to 6 NYCRR Part 617.5.c., and now Therefore, the Village Planning Board hereby determines that the proposed action is not subject to further environmental review, and Therefore, the Village Planning Board hereby approves the subdivision of tax parcel T-4-3 into two separate building lots, as shown on the attached map, the map to receive certification on its face by the Village Planning Board. chair of this approval, with the map to be filed in the Tompkins County Clerk's office as required by the N.Y. Village Law. Report of the Police Chief — Report is on file. Chief Lansing was not present. Page 7 of 12 ####################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## Report of the Fire Superintendent — Report is on file. Supt. Tamborelle reported that all the bunkers signed the new bunker contract presented to them on Sunday night. The Bid Specs for the new ladder truck are progressing. A draft has been given to the attorney and treasurer for their review. A draft was also given to Jeff Frisbie, Village mechanic. The Public Safety Committee, chaired by Trustee Collyer, met previously and asked Supt. Tamborelle to be sure to make the specs generic. It was noted that in the past year, since November of 2002, $23,000 was spent on repairs to the current ladder truck; and since 1999, $70,658 was spent on repairs. There was discussion on Engine 204. It was advertised at $18,400, but doesn't pass inspection. The Village has a committed bid of $6000 "as is ". Since there is no other activity in process, it was suggested by the Treasurer that the Village should accept the bid of $6000. Motion by Trustee Collyer Seconded by Trustee Staley Move to pass Resolution #6036 to accept the bid of $6000 as is for Cayuga Heights Engine 204. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES The Fire Chiefs term of office was discussed. The tern of office is set by NYS Village Law, and in order to change the term, the Village has to pass a local law changing the existing NYS Village Law from one year to two years. The effective date would be right after the Fire Dept. elections in April. The Attorney was directed by the Trustees to present a draft of a local law changing the term of office of the Fire Chief. ####################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## Public Works Supervisor —Report on file Supv. Quick was not present. Supt. of Public Works — There was discussion on the road situation. Trustee McNeil wants to look at the big picture and begin a long term planning strategy. There was much discussion on the stone and tar process that was used this past year. Supt. Cross brought up the DPW garage roof situation. Approximately 6 months ago, the DPW garage was inspected by the NYS Public Employees Safety and Health Dept. Most of the deficiencies were smaller, interior items which were remedied with the exception of the issue of snow/ice sliding off form the roof over the doors. Page 8 of 12 The inspector recommended that we install "snojax" on the roof. These are small plastic blocks that are screwed on top of the steel roofing. They create a series of dams that hold the snow back when it tries to slide down. Supt. Cross asked the Trustees to approve a resolution for this repair. Motion by Trustee Collyer Move to pass Resolution 6037 approving the purchase and installation of " snojax" on the DPW garage roof. Trustees Antil, Collyer, McNeil, Mount and Staley voted YES. Trustee Kusse opposed. Whereas, the Village of Cayuga Heights DPW garage roof has been cited by the NYS Public Employees Safety and Health department for an unsafe condition due to snow /ice sliding off from the roof over doors, and Whereas, the Village has received a quotation from a qualified roofing contractor to install blocking know as " snojax" for a price of $9 each, and Whereas, this cost of such work was not anticipated, or known at the time of the preparation of the current budget, and now Therefore the Village Board of Trustees authorizes the Superintendent of Public Works to contract with Excelsior Roofing Co. to install the necessary " snojax" at a price of $9 each, at a cost NTE $5000 to be funded from general fund contingency. The minimum necessary quantity will be determined by the SPW. Supt. Cross informed the Board of a call he received from Steve Eidt, Water Director of NYSDEC Region 7, informing Supt. Cross that the commitment of the grant funds for the phosphorous project, one of two projects at the WWTP, may be withdrawn due to the lack of activity by the Village. Assuming that we are still interested in the project, Steve suggested that we submit a preliminary engineering document called a Work Plan. This would initiate the process of getting a contract between the Village and the State for the grant funds. The Village has already paid Steams & Wheler Engineers to prepare a draft of the Work Plan and is waiting for it to be submitted. Therefore, a decision needs to be made whether to proceed with the process that could eventually lead to a contract with the state to receive $1,020,000 towards a $1,200,000 project. Since the ISP has not yet been finalized, the decision before the Village is whether or not to keep the grant funds available for this project (with the new limit) as a separate project, independent of the outcome of the ISP. Motion by Trustee Antil Move to pass Resolution 6038 authorizing Stearns & Wheler Engineers to submit Phosphorous Project Work Plan to NYSDEC. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. Whereas, the Village had previously requested funding assistance for a proposed phosphorous treatment project at the WWTP, and Page 9 of 12 Whereas, die NYSDEC has allocated $1,020,000 of NYS Clean Water Bond Act funds towards the proposed $1,200,000 project, and Whereas, the NYSDEC requires that a Work Plan be submitted for consideration of details necessary to produce a contract between the Village and the State for the grant funds, and Whereas, Stearns & Wheler Engineers have produced a draft of the necessary Work Plan for the Village, and now Therefore, die Village of Cayuga Heights Board of Trustees hereby authorizes Stearns & Whcler to update and submit the necessary Work Plan at a cost not to exceed $1000 that may result in a contract with the State of New York for $1,020,000 of NYS Clean Water Bond Act funding toward a proposed phosphorous project at the WWTP Supt. Cross presented a letter from Ron and Carol Schmidt requesting reimbursement for repairs to their mailbox which was damaged by the plows last spring. The letter has been given to the attorney for a response. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Report of the Treasurer - Financial reports for June - October have been distributed. Financial reports are now available by e-mail, following the close of the month. The Audit for FY2003 fieldwork has been completed. Three adjustments have been proposed with which we concur. One will reduce the FY03 deficit slightly by moving revenue from FY04, the others are reclassifications among categories. The Transfers were presented. Motion by Trustee Kusse Move to pass Resolution 6039 approving transfers dated 11/17/03 as listed below: Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. From: To: Amount A01460.100 Records Mgmt Personnel A01460.410 Records Mgmt Contr Exp $1,500 A01640.200 Central Garage Eqpt A01640.410 Central Garage Contr Exp 2,770 A05112.410 Cap Impr Contr Exp A01640.410 Central Garage Contr Exp 3,000 A01440.410 SPW Contr Exp A03620.400 NYSUFBC Contr Exp 200 A01990.410 General Contingency A05110.430 Streets Insurance 3,320 A05112.410 Cap Impr Contr Exp A05110.200 Streets Cap Eqpt 7,230 A05112.410 Cap Impr Contr Exp A05110.410 Streets Contr Exp 19,000 A05112.410 Cap Impr Contr Exp A05110.490 Streets Eqpt Maint 500 A05142.200 Snow Cap Eqpt A05110.200 Streets Cap Eqpt 580 A01990.410 General Contingency A08160.200 Refuse Capital Eqpt 12,060 A08160.410 Refuse Contr Exp A08160.490 Refuse Eqpt Maint 1,000 Page 10 of 12 A09010.800 Emp Ben: Retirement A01990.410 General Contingency 28,700 A09015.800 Emb Ben: Polic Retirement A01990.410 General Contingency 46,690 A01990.410 General Contingency A09050.800 Emp Benefits: Unemployment 2,500 G01990.400 Sewer Contingency G08120.490 Sewer Lines Eqpt Maint 2,500 G01990.400 Sewer Contingency G08130.460 W \VrP Pretreatment Contr Exp 500 Treasurer Silber presented the Abstract of Vouchers. Motion by Trustee Kusse Move to approve the abstract of audited vouchers dated 11/14/03 in the amount of $196,044.70, and instruct the Treasurer to make payments thereon. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. Attorney's Report — Attorney Tyler commented on the Fire Chiefs term of office issue. He will work on a draft of a Local Law for consideration at the next meeting. Attorney Tyler reported that the District Attorney's office for fiscal reasons is declining to prosecute enforcement of local laws in the Village as they come up for trial. He advised the Trustees that there may be an increase in attorney fees for the work which is outside the retainer agreement. Regarding the Time -Warner Cable Community Access Oversight Committee, Wies VanLeuken has been asked to see if she would like to serve as the representative for Cayuga Heights. Attorney Tyler will look into the charge by the City Common Council committee and report back to the Board. There will need to be continuing discussion on the use of the fire station by the public. ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Public Works Committee — There was no meeting this month, but Chairman Antil reported that the snow team is all set and agreed upon. ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Report of the Clerk — Clerk Manning asked Supt Cross to investigate some type of canopy to cover the walkway into the Village Hall. The snow and ice builds up on the slate roof and slides down. There is potential for injury to people entering and exiting the building. The Clerk presented to the Board a list of unpaid tax bills to be handed over to the County for relevy and asked for a resolution to do same. Page 11 of 12 Motion by Trustee Mount Move to pass Resolution 6042 authorizing the Clerk to send the unpaid Village taxes in the amount of $15,909.34 to the County for relevy. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. The job description for the position of Deputy Clerk which was created on April 7, 2003 needs to be reworded for Tompkins County Personnel to send to die State. The Clerk provided the correct language. Motion by Trustee Antil Move to pass Resolution 6043 changing the wording of the job description of the Deputy Clerk position created on April 7, 2003 to add the following sentence: The Deputy Clerk is authorized to act for and in place of die Village Clerk in his /her absence. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. Trustee McNeil reported on website updates. She has received estimates of $2500 and up for work to be done on the website. It was the consensus of the Board to wait until the next budget cycle to work on the website. Trustee Mount suggested that when new members are brought on to the Board, there be some sort of new member meeting to bring them up to speed on certain ongoing issues coming before the Board. Motion by Trustee Antil Move to adjourn the meeting at 10 :10 p.m. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES. Norma Manning Clerk Page 12 of 12