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HomeMy WebLinkAboutReg Mtg. Minutes 12/15/2003Minutes of Regular Meeting December 15, 2003 Village of Cayuga Heights Board of Trustees Present: Mayor Lynn, Trustees Antil, McNeil, Staley, Collyer, Mount and Kusse. Atty. Tyler, Fire Supt. Tamborelle, Police Chief Lansing, Supv.Quick, Supt. Cross, Treasurer Silber. Others: Mike Hall, Sanda Alikalfic, a student at I.H.S., Mindy Mindlin, Robin Cisne, Carol and Ron Schmidt. At 7 :00 pm, Mayor Lynn called the meeting to order. The Minutes of November 17, 2003 were previously distributed to the Trustees. There was one correction on page 1. Supv. Ed Quick was listed as both present and absent. He was absent. Motion by Trustee Collyer Move to approve the minutes of November 17, 2003 with the one correction as stated above. Trustees Antil, Collyer, Kusse, McNeil, Mount, and Staley voted YES. ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Privilege of the Floor Ron and Carol Schmidt asked for follow up on the letter they sent to the Village regarding damage done to their mailbox and trash can by the snow plow. Mayor Lynn said that the Board will address the letter later in the meeting, but stated that there was no need for them to stay just for that. *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The Mayor then turned the meeting over to Engineer Cross, who gave his presentation on the Intermunicipal Sewer Committee. Village Engineer Cross made a presentation to provide details of the latest version of the Intermunicipal Sewage Treatment Agreement. A map (see attached) was shown to illustrate the location of the proposed diversions identified as 1. Kline Road Bypass; 2. Remington Road Bypass; 3. Lake Street Interceptor. The basic idea of the agreement is to have the Town of Ithaca divert sewage generated in the "Northeast" out of the Cayuga Heights system and into the system that goes to the Ithaca Area Wastewater Treatment Plant located in the City of Ithaca. This will result in less sewage being treated at the Village's WWTP, and therefore allow new customers to connect from the Town /Village of Lansing. Cross also presented two calculations to the Cayuga Heights WWTP to demonstrate 1. Impact of loss of customers from Town of Ithaca on WWTP Revenue; 2. Impact of Bond Act projects on WWTP costs. The Mayor has been in negotiation with the Town /Village of Lansing to minimize the affect of these diversions and flow shifts on the Village of Cayuga Page 1 of 9 Heights' sewer rate to be paid by Village residents during the anticipated 10 year "transition" period. Mike Hall, appointed by the Chamber of Commerce to act as a mediator between the 6 municipalities, was in attendance and was invited by the Mayor to speak. Mike expressed the view that it has been 6 years of discussion and it is time to get the agreement wrapped up. As of January 1, 2004, there will be a change in leadership in some of the municipalities. Mike encourages the Board to adopt the agreement. This agreement redistributes the load between one plant at or near capacity and one plant under-used., There was discussion on the pros and cons of signing this agreement before the end of the year. The Mayor, as well as the Board and Attorney Tyler don't understand why the Village is being pressured; since, unlike the City and Towns of Ithaca, the Village Board does not change after 12/31. The question before the Board is should we approve the agreement now or wait? And if we may want to approve it, do we need to have a Public Hearing? Attorney Tyler suggests that we have a public hearing. He spoke to Donna Giliberto, General Counsel at NYCOM and outlined the history and current situation. Ms. Giliberto gave her opinion that while there may be no statutory requirement to have a hearing, she indicated to Mr. Tyler that it would be prudent and a good idea. The City of Ithaca was scheduled to adopt the agreement on Thursday, according to Mike Hall. It is the position of the City that all 6 municipalities need to agree before the end of the year, or there will be no agreement, according to Mr. Hall. The question on the table was whether to pass a resolution to sign the agreement without a Public Hearing, or schedule a Public Hearing with decision on signing the Agreement to be made thereafter.. The Trustees debated moving forward tonight without a Public Hearing. Trustee McNeil spoke in favor of scheduling a public hearing before year end, and before a final vote. Motion by Trustee Kusse Seconded by Trustee Collyer Move to pass Resolution #6044 to approve the Wastewater Agreement. Whereas, the Village of Cayuga Heights has been involved in development of an intermunicipal agreement (together with the City and Town of Ithaca, the Village and Town of Lansing and the Town of Dryden) that addresses the long term needs for wastewater treatment for the involved municipalities; and Whereas, the parties (cited above) have structured an Intermunicipal Wastewater Agreement (attached herewith); and Whereas, each of the municipalities, after extensive and involved negotiations, wish to finalize the Intermunicipal Wastewater Agreement; and Whereas, by approving the Intermunicipal Wastewater Agreement the Village of Cayuga Heights is thereby committed to engage in separate negotiations to effect separate agreements to provide wastewater treatment to sewage flows from the Village and Town of Lansing ; Page 2 of 9 Therefore, be it resolved, that the Trustees of the Village of Cayuga Heights herewith authorizes the Mayor to sign said Agreement. Trustee Kussee moved that this resolution be adopted and Trustee Collyer seconded the motion. A roll call vote was requested and taken: Mayor Walter Lynn — Aye Trustee Ann Antil —Aye Trustee Frank Collyer —Aye Trustee Bruce Kusse - Aye Trustee Roy Staley - Aye Trustee Elizabeth Mount - Aye Trustee Susan McNeil— Opposed The Mayor brought before the Trustees the Resolution previously distributed to them on the lengthy findings by the DEC, as lead agency under SEQRA, also distributed to the Trustees early in the month, with respect to this project. The Trustees discussed those findings and the attorney offered his comments on them. Motion by Trustee Collyer Seconded by Trustee Antil Move to pass Resolution #6045 hereby adopting the Findings Statement for the Final Environmental Impact Statement for the proposed Ithaca Area Municipal Wastewater Collection Improvement Project. Resolution #6045 Ithaca Area Municipal Wastewater Collection Improvement Project Adoption of SEQRA Findings Statement WHEREAS: 1. This action is the Consideration of Approval of the Statement of Findings for the Ithaca Area Municipal Wastewater Collection Improvement Project ( "Project "). This Project involves the construction of new public sewer lines and pump stations in the Town of Lansing; the construction of a new sewer transmission main in the Town of Lansing and Villages of Lansing and Cayuga Heights; the construction of flow diversions to interconnect the service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant; and an Intermunicipal Wastewater Agreement that coordinates operations between these two Treatment Plants, expands their service areas, and makes their service areas coterminous; and 2. Actions that are currently before the Village of Cayuga Heights Trustees or are expected to come before the Village of Cayuga Heights Trustees include: • approval of the Intermunicipal Wastewater Agreement • approval of the construction of flow diversions to interconnect the two Treatment Plants' service areas Page 3 of 9 • approval of the construction of a new sewer transmission main to bring Town of Lansing flows through the Villages of Lansing and Cayuga Heights to the Village of Cayuga Heights Wastewater Treatment Plant 3. This is an Unlisted Action for which the New York State Department of Environmental Conservation has been designated to act as Lead Agency in environmental review; and 4. The Village of Cayuga Heights is an Involved Agency with regard to the approvals listed in paragraph 2 above; and S. The New York State Department of Environmental Conservation, acting as Lead Agency in environmental review for the Project and pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 has: 1) made a positive determination of environmental significance; and 2) overseen the preparation, completion and acceptance of a Draft Environmental Impact Statement and a Final Environmental Impact Statement; and 3) issued its own Findings Statement with regard to said Project; and 6. Pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, the Village of Cayuga Heights is required to issue its own Findings Statement with regard to the Project; and The Village of Cayuga Heights Trustees, at and prior to its regular meeting on December 15th, 2003, has reviewed a draft Findings Statement, comments received from members of the public regarding the proposed Project and its potential impacts on the environment, and the Draft and Final Environmental Impact Statements. NOW, THEREFORE, BE IT RESOLVED: That the Village of Cayuga Heights Trustees does hereby adopt the attached Findings Statement for the Final Environmental Impact Statement for the proposed Ithaca Area Municipal Wastewater Collection Improvement Project. Trustees Antil, Collyer, Kusse, Mount and Staley voted YES Trustee McNeil Abstained Report of the Mayor — The Mayor had no report. *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Report of the Police Chief — Report is on file. Chief Lansing has talked to the Public Safety Committee along with the Treasurer about setting up a Capital Reserve Fund so that money not spent in one fiscal year can be carried over to the next fiscal year. The Chief asked for a motion to adopt a Page 4 of 9 Resolution setting up tivs Capital Reserve Fund, as previously distributed in draft form. Motion by Trustee Collyer Seconded by Trustee Antil Move to pass Resolution 6046 resolving that, pursuant to section 6 -c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the "Police Equipment Capital Reserve Fund" (hereinafter "Reserve Fund). The purpose of this Reserve Fund is to accumulate moneys to finance the cost of certain equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of vehicles, communication devices or other such police equipment deemed appropriate by the Board of Trustees. The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by section 10 of the General Municipal Law. The chief fiscal officer may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the investment policy of the Village of Cayuga Heights. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner, which maintains the separate identity of the cash and investments of the Reserve Fund. Except as otherwise provided by section 6 -c of the General Municipal Law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and without such additional actions or proceedings as may be required by section 6 -c of the General Municipal Law, including a permissive referendum if required by subdivision 4 of section 6 -c. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Report of the Fire Superintendent — Report is on file. The Supt. announced that the annual fire banquet is scheduled for April 17, and invited all to attend. The bid spec for the new ladder truck should be completed by the January Board Meeting. The Plymovent bid spec for the fire station exhaust system is in the hands of the Attorney and the Treasurer. Nine people from the Fire Dept. were recently disenrolled because they did not make their minimum 15% of calls as specified in the Bylaws. The Clerk has the list of those individuals. Josh Weinstein has been appointed to fill the vacant Lieutenant spot (284) in the Fire Dept. Supt. Tamborelle will distribute Josh's resume at the January meeting. It was decided that a Public Hearing would be scheduled for the January meeting to discuss changing the term of office of the Fire Chief. The proposed local law prepared by the Page 5 of 9 Attorney had previously been distributed to the Trustees, and had been discussed at the November Trustees meeting. Motion by Mayor Lynn Seconded by Trustee Antil Move to Schedule a Public Hearing at 7:00 PM on January 20 before the opening of the regularly scheduled Board Meeting on the proposed local law to change the term of office for the Fire Chief from one year to two years. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Report of the Working Supervisor — Report is on file. Supv. Quick reported that the leaf removal machine was a great investment. Discussion followed on how the machine continues to cut the work time in half. Trustee Anti] asked who was responsible for the water leak on Hanshaw Road. It was determined that the resident on Hanshaw was responsible. Report of the Supt. of Public Works — Supt. Cross asked the Board for authorization to contract for the building of a canopy to divert falling snow and ice at the entry in the front of the Village Hall. He currently has two bids — one for $3456 and the other for $4560. He is expecting to have another one soon. Motion by Trustee Kusse Seconded by Trustee Mount Motion to approve Supt. Cross to enter into a contract not to exceed $5000 to build a canopy in the front of the Village Hall. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Mayor Lynn has asked the Department Heads to entertain thoughts on their respective building space requirements. Mayor Lynn has asked Clerk Manning to chair a committee including Supt. Cross, Treasurer Silber, Police Chief Lansing and Fire Supt. Tamborelle to study and discuss options for long range planning of space requirements for the Village Hall. A Public Works meeting was held with Trustee Staley, Mayor Lynn and Supt. Cross with Trustee Kusse as guest to discuss road program planning. Supt. Cross will seek an engineering consultant to get a capital road program proposal for budget purposes. Supt. Cross will present the proposals to the Board in the months ahead, prior to the annual meeting in April. Trustee Mount would like to expand the scope of the proposals to include the Corners and the land and house at 825 Hanshaw Road. Page 6 of 9 Report of the Treasurer — Report is on file. Treasurer Silber emailed to the Tmstees the financial reports for November. He will continue to do this after the reports are available unless a Trustee or Dcpt. Head would rather have a paper copy. Let the Clerk know how you would like these reports sent to you. Treasurer Silber presented a proposal for performing the annual Village justice Court audit. Motion by Trustee Kusse Seconded by Trustee Collyer Move to pass Resolution 6047 authorizing Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, to perform the annual audit of the Justice Court for the years ending December 31, 2003 and December 31, 2004 at an annual cost not to exceed $700. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Treasurer Silber presented the Transfers. From: A05112.410 Capital Impr Contr Exp A05112.410 Capital Impr Contr Exp A08160.410 Refuse Contr Exp A02705 Gift A02705 Gift G01990.400 Sewer Contingency G01990.400 Sewer Contingency To: A01640.410 Central Garage Contr Ex $2,500 A05110.410 Streets Contr Exp 2,500 A08160.490 Refuse Eqpt Maint 2,000 A03120.410 Police Contr Eqpt 1,415 A03120.200 Police Cap Eqpt 3,285 G08120.430 Sewer Lines Contr Exp 540 G08130.460 W WTP Pretreatment Contr Exp 500 Motion by Trustee Kusse Seconded by Trustee Antil Move to pass Resolution 6048 approving the transfers listed above. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Treasurer Silber presented the abstract of vouchers. Motion by Trustee Kusse Seconded by Trustee Antil Move to pass Resolution 6049 approving the Abstract of Vouchers dated 12/15 /03 in the amount of $105,332.84 and instruct that the Treasurer make payments thereon. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Page 7of9 The Treasurer received the management comments from the auditors on the annual audit that was completed. Treasurer Silber commented that the CHIPS payment received for last year will be recorded as last year's money. Trustee Mount asked about accepting ads from the public to print in the Courier. Treasurer Silber commented that he has some information from our insurance company which needs to go through the attorney before it is discussed with the Board. Report of the Attorney — Attorney Tyler reported on the claim to the Village from Mr. and Mrs. Schmitt for the damage done to their mailbox and garbage can by the snow plow. Attorney Tyler's reluctant recommendation was to provide for payment of $75 - $50 for the mailbox and post and $25 for the garbage can, as separate items, but only on the basis of the facts — as an accommodation, and not as a precedent. Motion by Trustee Staley Seconded by Trustee Collyer Move to pass Resolution 6050 approving the Treasurer to issue a check for $75 to the Schmidts for the payment of their damaged mail box and post and garbage can by the Village snow plow. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Trustee Mount asked more about the specifics of this case and how the decision should be made to pay the amount that the Village was paying. The attorney suggested that the Board should consider a policy and discuss this further at another time. Trustee Mount asked that a copy of the County policy be sent to all members of the Board, covering mailbox damage by snowplows, etc. Attorney Tyler wanted to clear up the situation on the Intermunicipal Agreement acted on earlier in the meeting. He said that State Law is clear that a SEQR resolution should has to precede any action taken on this agreement. Because of this, Attorney Tyler suggested we take the following actions. Motion by Trustee Kusse Seconded by Trustee Antil Move to rescind motions #6044 and #6045 passed previously at this meeting regarding the Intermunicipal Sewage Treatment Agreement. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Motion by Trustee McNeil Seconded by Trustee Antil Move to hold a public hearing prior to approving the Intermunicipal Sewage Treatment Agreement. Trustee McNeil voted YES Trustees Antil, Collyer, Kusse, Mount and Staley OPPOSED Motion Fails Page 8 of 9 Motion by Trustee Collyer Seconded by Trustee Antil Move to adopt the DEC SEQR findings. Resolution #6045 reinserted into the record. After discussion, Trustees Antil, Collyer, Kusse, Mount and Staley voted YES Trustee McNeil Abstained Motion by Trustee Kusse Seconded by Trustee Collyer Move to authorize the Mayor to sign the Intermunicipal Wastewater Agreement Resolution #6044 was reinserted into the record. Again, after discussion, Trustees Antil, Collyer, Kusse, Mount and Staley voted YES Trustee McNeil Abstained Clerk Manning reported that the Village is planning to apply for two grants with the State of New York. The clerk asked for Board approval to apply for these grants. Motion by Trustee Kusse Seconded by Trustee Mount Move to authorize Clerk to apply for a 2004 -1005 SARA LGRMIF Grant Application to Index 40 years of Village Board Meeting Minutes in the amount of approximately $6000. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Motion by Trustee Antil Seconded by Trustee Mount Move to authorize Clerk to apply for a 2004 -1005 SARA LGRMIF Grant Application to Microfilm Village Board Meeting Minutes & Police Records in the amount of approximately $6000. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Mayor Lynn thanked the Board for their input and cooperation during this important meeting. Motion by Trustee Collyer Move to adjourn meeting at 10:25 PM. Trustees Antil, Collyer, Kusse, McNeil, Mount and Staley voted YES Norma Manning Clerk Page 9 of 9