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HomeMy WebLinkAboutReg Mtg. Minutes 11/15/2004Minutes of Regular Meeting November 15, 2004 Village of Cayuga Heights Board of Trustees Present: Mayor Lynn, Trustees Anti], Mount, McNeil, Staley, Tavclli, Arty. Tyler, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Supv. Quick, Clerk Manning. Absent: Trustee Collyer, Treasurer Silber Others Present: Michael Olson, Village resident At 7:00 pm, Mayor Lynn opened the continuation of the Public Hearing on the proposed Intermunicipal Agreements with the town of Ithaca, Lansing and Dryden, the Village of Lansing and the City of Ithaca to address each municipality's responsibilities with respect to the regulation of industrial pretreatment discharges into the sanitary sewer systems. There being no member of the Public wishing to speak, the Mayor closed the Public Hearing at 7:04 P.M. and opened the regular meeting. The Mayor asked for a motion to approve the minutes of October 18. There were minor typographical corrections needed on page one. On page 2, under the Report of the Supt. of Public Works, the last line of the first paragraph should read, "The treasurer stated that there is money in the capital fund for water construction of this type." On page 3, under the "Report of the Attorney ", the second paragraph, the second line reads, "It was recorded October 1" in the Tompkins County Clerk's Office." The fourth paragraph of the same report reads, "Police Chief Lansing assisted Arty. Tyler in settling a dog case with no non - retainer legal expense to the Village. Motion by Trustee Antil Seconded by Trustee Mount Move to approve the minutes of October 18, 2004 with corrections noted. Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES. Attorney Tyler then informed the Board that Verizon Wireless again cancelled their presentation on a proposed cell phone tower. The presentation may occur at the December meeting. Attorney Tyler will keep the Mayor informed. Privilege of the Floor — No one wished to speak at Privilege of the Floor. ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Mayor's Announcements Mayor Lynn read a letter from Ciaschi, Dietershagen, Little and Mickelson, the Accounting firm who conducted the Village audit. The firm complimented the Village staff for all their help during the audit. Mayor Lynn asked if the Board was ready to consider a resolution on the multijuristictional pretreatment agreements discussed at the Public Hearing last month. Last month Attorney Page 1 of 6 Tyler had asked if the language providing for a one -year unilateral termination privilege would be a problem down the road. The question came up at the Intcrmunicipal meeting. Supt. Cross answered that the one -year term clause now cannot be implemented without another agreement replacing it. With that question settled, the following motion was made. Motion by Trustee McNeil Seconded by Trustee Tavelli Move to approve Resolution #6110 authorizing the Mayor to sign Multijurisdictional Pretreatment Agreements among the City of Ithaca, Town of Ithaca, Village of Lansing, Town of Lansing, Town of Dryden and the Village of Cayuga Heights. Resolution Authorizing Mayor to Sign Multijurisdictional Pretreatment Agreements Between the City of Ithaca, Town of Ithaca, Village of Lansing, Town of Lansing Town of Dryden and the Village of Cayuga Heights WHEREAS, the Village of Cayuga Heights entered into an Agreement of intermunicipal cooperation with several other municipalities on December 31, 2003, and WHEREAS, the Agreement involves the treatment of wastewater from among and to the several municipalities party to this agreement; and WHEREAS, the parties wish to ensure that industrial wastewater arising from within the respective municipalities is properly treated before it enters the municipal wastewater treatment plants; and WHEREAS, a copy of each of the five proposed pre - treatment agreements has been submitted to this Board; and WHEREAS, a resolution was duly adopted by the Village of Cayuga Heights for a public hearing held by said Village on October 18, 2004, at 7:00 p.m. to hear all interested parties on the several proposed multi - jurisdictional pre - treatment agreements; and WHEREAS, said public hearing was duly held on said date and time at the Village Hall (836 Hanshaw Road) and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed resolution, or any part thereof; and WHEREAS, die Village Trustees adjourned the public hearing to November 15, 2004 to obtain additional comments; and WHEREAS, the Village Trustees fads it is in the best interests of the Village and its citizens to effect these resolutions; NOW, THEREFORE, BE IT RESOLVED, that die Village of Cayuga Heights hereby determines, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act ["SEQRA"]), that adoption of said agreements is a Type II action, constituting "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and thus may be processed without further regard to SEQRA; and it is further RESOLVED, that the Trustees of Village of Cayuga Heights hereby authorizes the Mayor sign the following Agreements on behalf of the Village of Cayuga Heights Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights and Town of Ithaca Page 2 of 6 Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights and Town of Dryden Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights and Town of Lansing Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights and Village of Lansing Multijurisdictional Pretreatment Agreement between the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES. Mayor Lynn then addressed the question of a water rate increase. A background sheet on Southern Cayuga Lake Intermunicipal Water Commission's (SWLIC's) request to the five member municipalities approving a rate increase was distributed to the Board. The Mayor explained that SWLIC's charter states that any increase must be agreed upon by a unanimous consent of the members. The first increase that was proposed was not unanimously passed, so the members put together this amount of an increase. The Mayor asked for a resolution increasing the water rate charge to $2.21 /thousand gallons of water. Motion by Trustee Mount Seconded by Trustee Antil Move to approve Resolution #6109 approving an amendment to the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing the Water Rate Charges. WHEREAS, the Village of Cayuga Heights entered into an agreement of intetmunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979 and which agreement has been subsequently amended from time to time (such agreement as so amended being hereinafter referred to as the "Agreement "); and WHEREAS, the Agreement included a schedule of the water rates to be charged, which schedule has been amended from time to time; and WHEREAS, the parties to the Agreement wish to amend the Agreement to increase the water rates; and WHEREAS, a copy of the proposed amendment to the Agreement has been submitted to the Village Trustees; and WHEREAS, the Trustees finds it is in the best interests of the Village and its citizens to effect the proposed amendment; NOW, THEREFORE, BE IT RESOLVED, that the Trustees of the Village of Cayuga Heights hereby determines, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act [ "SEQRA "]), that adoption of said proposed amendment is a Type II action, constituting "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and thus may be processed without further regard to SEQRA; and it is further Page 3 of 6 RESOLVED, that the Trustees of the Village of Cayuga Heights hereby authorizes the amendment to the Southern Cayuga Lake Intermunicipal Agreement amending the water rate schedule to increase the water rates as set forth in the proposed agreement submitted to this meeting, which increase is generally from the present $2.04 per thousand gallons of water to $2.21 per thousand gallons of water; and it is further RESOLVED, that the Mayor of the Village of Cayuga Heights is authorized to sign such amended agreement as the act of the Trustees of die Village of Cayuga Heights. Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES Report of the Police Chief — Report was distributed and on file. Chief Lansing spoke to the Mayor and the Board regarding the future need for the Village to replace current police radios with 800 MHz. Tompkins County made the decision to change all County radios without consulting with the different municipalities. Thus, along with other issues, is being currently addressed among the Police ChiePs in the County with die opening of the new 911 Center. The issue with the radios is who will pay for them. Chief Lansing said that the conversion to 800 MHz has to be completed correctly, and has concerns about that. Mayor Lynn asked who heads up the 911 Committee. Chief Lansing answered that Peter Penniman is the Chair. Mayor Lynn and Chief Lansing will draft a letter to the 911 Committee asking for specifics on this proposed radio conversion. It will be suggested that someone from the Committee address the Board regarding this issue. Report of the Fire Superintendent — Report was distributed and on file. Fire Supt. Tamborelle echoed Chief Lansing's concerns regarding the radio situation and the new 911 Center. These issues have also been discussed at the County Fire Chief's Association meetings. Fire Supt. Tamborelle told the Board to mark April 23, 2005 on their calendars as the Annual Cayuga Heights Fire Banquet to be held at the Country Club on Pleasant Grove Road. This banquet will be the Department's 50'h Anniversary Banquet. Fire Supt. Tamborelle reported that he will visit the E -One plant in Ocala, Florida next week to check on the status of the Village's new ladder truck, which is scheduled for arrival in March 2005. Trustee Mount asked about the fountain in front of the Fire Station. Supt. Tamborelle said that the Pond is out of service for the winter. Report of Working Supervisor — Report was distributed to the Trustees and is on file. There was discussion on what a UFPO (Underground Facilities Protection Organization) is, and who is responsible for them. The name, UFPO, has been changed to (DSNY) Dig Safely New York, and is a clearing house for all digging that alerts any utilities before digging is commenced in an area. The Cayuga Heights D.P.W. handles the entire "UFPO's" for the Village. The leaves will continue to be picked up until the first heavy snow; however, the Public should stop putting leaves out after December 15. Page 4 of 6 Report of the Supt. of Public Works — Supt. Cross reported that it was decided at the last Intermunicipal Sewer Meeting that completion of work on the Kline Road Bypass Sewer Project will be postponed till next spring. The WWTP project is moving along well. The installation of the exterior shell and interior plastic media has been completed. Supt. Cross advised the Board that there is no large bill from Stearns and Wheeler on the Abstract of Vouchers for this month. Stearns and Wheeler are awaiting a manufacturing sample test and have not received any results yet so they are waiting to bill us. The ZBA heard a variance request this month from the residents at 410 Triphammer to allow a 13.3% lot coverage for improvements wluch was awarded. Another variance request was to build a carport at 543 Highland Road with a side yard setback of 10 ft. The variance was approved but the setback had to be moved back to 12 ft. On Klinewoods Road, the main paving is finished. The project is completed except for topsoil and seeding, which will be completed in the spring. The Parkway Place project for infrastructure work (water and sewer lines) was delayed on Klinewoods. Parkway Place will not be paved this year. k The Village received quotes from 3 firms to complete the road repair inventory survey. The company doing the survey is Resource Associates and is finished working on the final report, which Supt. Cross is expected to have in the next few days. Supt. Cross will discuss the results with the Public Works Committee and have then have Resource Associates make a presentation to the Public Works Committee in December. Supt. Cross addressed the current policy of Sewer Rents. Article XII of our Village ordinances states that the basis of the charge for sewer rent is computed in units with each unit hearing a proportionate part of money necessary for the annual expense. It then goes into a detailed explanation of how these units are computed based on assumed household water usage from obsolete data models. It has been discussed that the current policy should be changed so that the basis of billing would go from these household units to units on each water meter. The change would allow the customers to be billed quarterly on their water bills for their sewer charge. This proposed change is scheduled to take place on June 1, 2005. In order for this to happen, the language of Article XII must be revised. Supt. Cross distributed to the Board the proposed revised language on Article XII. To revise a current ordinance, a public hearing must be held. Motion by Trustee Antil Seconded by Trustee McNeil Move to schedule a public hearing at 7:00 pm on December 20 to propose revised language for Article XII — Sewer Rents of the Village Ordinances of the Village of Cayuga Heights. Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Page 5 of 6 Report of the Treasurer — Treasurer Silber was not in attendance. His report was distributed and is on file. There were no transfers this month. The Abstract of Vouchers was distributed and an approval was sought from the Board. Motion by Trustee Staley Move to pass Resolution 61111 approving the Abstract of Audited Vouchers dated 11/11/04 in the amount of $305,557.09, and instruct that the Treasurer make payments thereon. Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Report of the Attorney — Attorney Tyler reported that settlement talks mentioned in his October report to the Board regarding the Willkinson Estate litigation failed. Our position is legally strong, although the Court hearing for arguments on November 12 showed there are some cquitites on the other side. The Judge reserved decision, which he will issue later, hopefully, by the December Board meeting. The Judge must render his decision within 60 days of the close of argument. Our insurance carrier has raised a question about Worker's Compensation insurance coverage on independent contractors, i.e. lawyers and accountants who come into the Village Hall on a regular basis. Laurie Johnston has sent a legal memorandum to Treasurer Silber on this matter. ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Clerk's Report - Clerk Manning thanked the Trustees who had sent information regarding additions to our web page. She and the Mayor are discussing the ideas regarding the web page and will keep the Trustees informed of any changes. Clerk Manning distributed the list of unpaid taxes to be sent to the County for relevy. Those trustees present approved the list by signing it and having it notarized. Trustee Staley asked about the situation with Remington Road. He has been contacted by several Village residents who would like Remington Road paved. Supt. Cross said that the road is on his list along with other roads. There was discussion between Trustee Staley, Supt. Cross, and Arty. Tyler on the boundary lines on Remington. Road. Mayor Lynn wanted to alert the Trustees that the water distribution system will require a program for replacement. The Village owns the water distribution system which, in places, has 100 year old pipes. This is something that the Board will have to look at long term. Motion by Trustee Antil Move to adjourn at 8:38 pm. Trustees Antil, Mount, McNeil, Staley, and Tavelli voted YES Respectfully submitted, Norma R. Manning, Clerk Page 6 of 6