HomeMy WebLinkAbout07-08-2013 minutesMinutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Present: Mayor Supron; Trustees: Crooker, Riesman, Robinson, Hamilton, Karns, and Salton; Attorney Marcus;
Superintendent Cross; Asst. Superintendent Frisbie; Treasurer Mangione; Police Chief Steinmetz; Fire
Superintendent Tamborelle; Clerk Mills.
Call to Order: Mayor Supron called the meeting to order at 7:05 p.m.
Public Hearing on Passage of a New Local Law as follows:
Proposed Local Law “F” of the year 2013: A Local Law Amending Section 24 of The Village of Cayuga Heights
Zoning Ordinance To Add “Planned Unit Development” To Areas In Which Site Plan Review Shall Be Required.
Mayor Supron called the public hearing to order at 7:06 p.m.
No members of the public signed-in to speak. Superintendent Cross gave a brief overview on the rationale for
amending the Village’s Zoning Ordinance to extend the Site Plan Review requirement to Planned Unit
Developments (PUD). Prior to 1992 the Board of Trustees acted as the Planning Board. Attorney Marcus reiterated
that the inclusionary revision clarifies the Zoning Ordinance to cover all new development in commercial, multi-
family, residential and PUD zoning areas. The public was invited to comment. No one spoke.
Mayor Supron closed the public hearing at 7:10 p.m.
Approval of Minutes:
A brief discussion regarding approval of the Minutes for the June 10, 2013 Board of Trustees meeting took place.
Amendments as set forth by Attorney Marcus had been incorporated. No additional amendments were proposed.
Resolution #7328 Approval of the June 10, 2013 minutes as amended.
Motion: Trustee Riesman
Second: Trustee Salton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Report of Fire Chief Tamborelle:
Submitted report (see website for report CHFD: http://www.cayuga-heights.ny.us/minutes.html)
Chief Tamborelle reminded all those present that a Memorial Service is scheduled for 1:00 p.m. on
Tuesday, June 10, 2013 for Former Mayor Ronald Anderson at the Fire Station which bears his name. The public is
welcome. Not only had Mr. Anderson served as Mayor, he was active in many aspects of Village life.
Report of Asst. Superintendent of Public Works Frisbie:
Submitted report (see website for report DPW: http://www.cayuga-heights.ny.us/minutes.html)
Mr. Frisbee was pleased to report that all work is staying on schedule.
He was asked if the heavy rain the week prior to the meeting had caused any problems. A few areas were
sandbagged and the problem spots were attributed to volume of water, not from drainage blockages.
The base is complete on Triphammer Road re-paving. Additionally, the effort to raise the manholes to the
level needed when the top coat is in place has also been finished. The crew used the rainstorm as an indicator of
problem spots. It has been determined that a french-drain system will be employed to direct water away from the
sidewalk on the West side of the road.
Work continues on Forest Drive. Culvert replacement is ongoing. The crew works in concert with Bolton
Point staff for service taps and hook-ups which requires coordinated scheduling. An effort will be made to have the
area ready for paving at the same time as Triphammer which is targeted for late July. Striping of the road will take
place after final paving is complete.
The status of repairs on sidewalks on Overlook was questioned. The repairs will take place later in the
construction season this year as planned.
Privilege of the Floor (PoF):
Mayor Supron opened PoF at 7:15 p.m.
Mr. Bruce Levitt expressed concern over pedestrian safety at Hanshaw Road and the tie-in to Pleasant
Grove Road. He believes the Town’s construction work on Hanshaw Road will increase traffic and the speed at
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
which motorists will enter the area. He also mentioned concern over potential traffic issues if housing units are
added in the Community Corners area.
Mr. Ronald Bors pointed out the failure of a few Village residents to maintain their lawns. A homeowner
near Texas Lane has neglected to mow their lawn in compliance with Village ordinance. Mr. Bors asks that the
ordinance be modified to pressure negligent property owners to maintain their lawns.
Mr. Steven Shiffrin expressed his feelings about a news item he heard recently regarding the percentage of
Cayuga Heights’ property owners who had completed forms permitting use of their yards for deer control.
Mr. Peter Bottorof spoke echoing Mr. Bors’ lawn mowing concerns and Mr. Shiffrin’s comments on
interpretation of construed consent or denial of property use for deer control.
Ms. Jenny Stein read a statement concerning her FOIL request and law suit dated 3/29/2013.
Mr. James LaVeck requested that the Mayor state that no document tampering had taken place in the
response to Ms. Stein’s FOIL.
In response to Mr. Levitt’s pedestrian safety concern, Superintendent Cross explained that a determination
to retain the existing crosswalk system had been made. The reference to the pedestrian tie-in at the intersection in
the county highway documentation remains.
Superintendent Cross addressed frustration over appropriate lawn maintenance as well. Village ordinance
(Village of Cayuga Heights: Article III, Mowing and Care of Property) contains language establishing regulation
over this matter and not zoning law. He traditionally attempts to contact property owners directly to elicit
compliance and has had success in the past. This method has not been successful with this owner. The Board
decided to authorize Superintendent Cross to take steps as needed.
Resolution #7329 Authorize Superintendent Cross to send a letter to the property owner of each of two (2)
properties advising them of their violation of the Village of Cayuga Heights: Article III, Mowing and Care of
Property Ordinance. The letter is to contain a deadline by which time the property must be brought into
compliance. If the owner of such real estate fails to comply with the requirements above specified, the Village
Board of Trustees shall cause the work to be done and assess the expense, including time of supervising
officials, against the property. The properties are 2115 N. Triphammer Road and 306 Highland Road.
Motion: Trustee Riesman
Second: Trustee Crooker
Discussion: no other comments
All approved – no nays or abstains – motion carried
Mayor Supron stated that land use permission forms were not used to survey property owners for their opinion
on deer control. The Village follows NYS law pertaining to the use of surveys or referendum. The sole purpose was
to determine who gave permission and who denied permission. Once it became clear by mapping the properties
whose owners indicated no use of their property would be granted, the Village pursued the option of sterilization.
She continued by pointing out key points relating to the Stein v. Village of Cayuga Heights law suit. The
process of redacting and copying land use form was covered. Trustee Salton commented on survey response
analysis.
Mayor Supron closed PoF at 7:45 p.m.
Report of Mayor Supron:
Appointment of Katherine Aldridge as Deputy Historian
Mayor Supron is pleased that Cayuga Heights now not only has a Village Historian, Bea Szekely, but also
Katherine Aldridge, a talented author of local history willing to serve as Deputy Historian. The Mayor attended a
Landmark Preservation Committee meeting and is enthusiastic about the committee’s plans and goals.
Resolution #7330 Approval of the Mayor’s appointment of Katherine Aldridge as Deputy Village Historian.
Motion: Trustee Riesman
Second: Trustee Crooker
Discussion: no other comments
All approved – no nays or abstains – motion carried
Appointment of Roger Segelkin to the Planning Board
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Due to current Planning Board member, Henry Richardson’s resignation, the Mayor appointed Roger
Segelkin to fill the vacancy. Thanking him for his service to the Village, she went on to enumerate a few of the
many qualifications Mr. Segelkin brings to the position.
Mayor Supron stated “I hereby appoint long-time Village resident Roger Segelkin to fill the vacant
Planning Board seat for the remainder of Henry Richardson’s term.”
Designation of Martin Luther King’s Birthday as a Village holiday
A brief discussion relating to addition of the holiday observance to the Village’s calendar took place. The
Village offices and Department of Public Works will be closed.
Resolution #7331 Observance of the Martin Luther King Birthday Holiday by the Village of Cayuga Heights
will begin in 2014.
Motion: Trustee Crooker
Second: Trustee Salton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Comprehensive Plan (CP) 7/1/2013 draft ( http://www.cayuga-heights.ny.us/CompPlan.html )
Since the June BOT meeting, Mayor Supron, Trustee Hamilton and Planning Board Member Fred Cowett
met to incorporate revisions to the CP suggested by Board members, attorney Marcus and residents. Mayor Supron
reminded the BOT that the CP is now their work product following the Board’s acceptance of it from the Planning
Board. Scheduling of a Public Hearing was raised. Trustee Crooker noted that if a Public Hearing is held in
September that the BOT would need to approve or deny the CP within sixty days. It would also ‘lock’ the document
from further change.
Copies of a ‘red-lined’ version of the CP are available and a few copies were distributed to residents.
Trustee Karns has assumed responsibility for revision of the demographic section.
Attorney Marcus explained that a State Environmental Quality Review (SEQR) will need completion once
a Public Hearing takes place. The proposal that the consultant had made was for the Planning Board to complete the
first section which contains primarily factual information; the BOT will complete the second section which should
be a relatively quick process.
Trustee Karns noted that concerns relating to traffic are mentioned throughout the CP. However, it does
not define who will pay for a study of traffic volume changes or road-way redesign necessitated by a developer ’s
proposal. Attorney Marcus is of the opinion that this level of specificity belongs in zoning law and not in the CP.
TW Cable Contract
TCCOG subcommittee and their consultant are working on amendments and revisions to bring to the table at
future meetings. Trustee Salton and Mayor Supron are designated to represent the Village on the subcommittee.
Town of Ulysses - Amicus Brief
In June 2012 the BOT voted to approve a resolution becoming an amicus curiae or ‘friend of the court’
brief in the Town of Dryden and Middlefield actions involving Municipal Home Rule pending before NYS
Appellate Courts. The amicus curiae brief was prepared by the Town of Ulysses in support of its sister Towns of
Dryden and Middlefield to reassert the right of each municipality to determine what land uses are appropriate in its
community. The brief does not take a position on gas drilling. The topic is raised again as the Towns of Dryden and
Middlefield prepare for possible appeal.
Resolution #7332 Approval by the Village of Cayuga Heights Board of Trustees to become an amicus
curiae in actions involving municipal home rule in the Court of Appeals of the State of New York
WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to
prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were
challenged in court by opponents claims that the Towns did not have the power to regulate natural gas
drilling as a land use through zoning; and
WHEREAS, the Town of Ulysses filed an amicus curiae or “friend of the court” brief in both
lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New
York State to determine what land uses are appropriate in its community through municipal home rule law
powers granted by the NYS Constitution and the NYS Municipal Home Rule Law; and
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
WHEREAS, the Village of Cayuga Heights joined with the Town of Ulysses and a coalition of
over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate
Division, Third Department in 2012; and
WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden
and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and
Cooperstown Holstein Association v. Town of Middlefield; and
WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association
(“Appellants”) recently filed motions for leave to appeal each decision to the Court of Appeals – the State’s
highest court; and
WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of
Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is
granted; and
WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider
joining the municipal coalition supporting the Ulysses’ amicus brief(s) to send a powerful statement to the
Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the
importance of protecting municipal home rule in New York State and a municipality’s right to decide, for
itself, whether natural gas drilling - or any other land use - is appropriate for its citizens.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Village of Cayuga Heights hereby determines that it is in the public interest of the citizens of the
Village to support municipal home rule by joining in the amicus brief(s) being filed in the Court of
Appeals by the Town of Ulysses and a coalition of municipalities from across the State.
2. The Village of Cayuga Heights hereby authorizes and directs the Mayor to complete or cause to be
completed any and all such further documents and papers in the name and on behalf of the Village as
the Mayor deems necessary or appropriate to carry into effect the foregoing resolution.
3. The Village Clerk will promptly send a certified copy of this adopted resolution to the Town of
Ulysses, 10 Elm Street, Trumansburg, NY 14886.
Motion: Trustee Karns
Second: Trustee Robinson
Discussion: no other comments
Six approved – no nays. Trustee Salton: abstain – motion carried
T.C. Broadband Project
Mayor Supron explained the purpose of a grant application which was submitted by six townships in
Tompkins County. Funding for extension of broadband access to underserved and unserved areas was awarded.
Planned implementation of the build-out has resulted in a portion of the Town of Caroline’s elimination from
coverage. During a TCCOG meeting, it was proposed that other municipalities contribute to the purchase of poles
which would then give Caroline the ability to seek grant funding for the remaining equipment. Although the Village
of Cayuga Heights is a commercially viable market for broadband and therefore has 100% access to service, it is in
the Village’s interest to support TCCOG efforts. The Village has benefited from cooperation with and knowledge
shared by other TCCOG municipalities. Trustees spoke of good will within the greater community as a possible
result.
Resolution #7333 Pledge a contribution as support for installation of broadband transmission poles in the Town
of Caroline
WHEREAS, access to high-speed broadband internet service is regarded as a basic infrastructure
necessity of the 21st century, providing a means of access to information and communication for citizens
and businesses that is used by a growing percentage of the world’s population; and
WHEREAS, broadband internet access serves the public interest in that it is increasingly a
requirement for: the provision of government services, for small locally-owned businesses to be able to
compete, for sustainable economic development and commerce, education at all levels, health care; and
WHEREAS, a lack of access to broadband Internet service may adversely impact property values;
and
WHEREAS, for all the reason cited above, the Tompkins County Broadband Initiative’s goal was
to provide the opportunity for broadband access to all households and businesses throughout Tompkins
County; and
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
WHEREAS, a grant proposal submitted by Clarity Connect to the State granting agency to build a
broadband distribution system to many of the unserved and underserved households in Tompkins County;
and
WHEREAS, Clarity Connect received generous but not full funding from the State granting
agency to build a broadband distribution system to many of the unserved and underserved households in
Tompkins County; and
WHEREAS, the Town of Caroline, due to its terrain – including steep slopes and deep valleys
requiring installation of 16 poles and transmitters – was the most expensive town to which to provide
coverage, and therefore portions of the town were excluded from the State’s award; and
WHEREAS, the Village of Cayuga Heights receives broadband access through commercial
providers, and recognizes the benefit to the broader community of universal broadband access for all
residents of Tompkins County; and
WHEREAS, Clarity Connect will begin installation of 50 State funded broadband transmission
poles in the Towns of Caroline, Danby, Dryden, Enfield, and Lansing this summer; and
WHEREAS, accomplishing the Tompkins County goal of universal broadband may still be
reached as Clarity Connect and the Town of Caroline apply for a further State grant in September 2013 to
complete that build-out; and
WHEREAS, it will be most cost effective to purchase and install the unfunded 14 transmission
poles needed for Caroline to provide to provide complete broadband access this summer when other
Town’s poles are being installed; and
WHEREAS, installing the transmission poles will help Caroline’s chance of success on future
grant applications to install the broadband transmitters required to complete the build-out; and
WHEREAS, the Village of Cayuga Heights supports the County’s effort to achieve universal
broadband access, and finds, for all the reasons cited above, that access to broadband internet is a necessity
for every resident in every town in Tompkins County.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Village of Cayuga Heights pledges to pay when invoiced by the Town of Caroline $6,000
($6,000, equivalent to the cost of 2 installed poles) by July 2014, so that the infrastructure for universal
broadband will be closer to reality and the opportunity for State grant funding will be that much closer.
[NOTE: pledges, by way of passage of this resolution, are needed by July 14, 2013, so that Clarity Connect
can purchase poles for Caroline when purchasing poles for the other towns.]
Motion: Trustee Riesman
Second: Trustee Hamilton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Resolution #7334 Funding the obligation of Resolution #7333 in the amount of $6,000 to the Town of Caroline
is to be recorded as a debit from General Fund balance.
Motion: Trustee Crooker
Second: Trustee Robinson
Discussion: no other comments
All approved – no nays or abstains – motion carried
Tompkins Shared Services Electronic Records Repository (TSSERR)
Resolution #7335 Authorization for Mayor Supron to Enter into a 5-Year Agreement with Tompkins
County for the Tompkins Shared Services Electronic Records Repository (TSSERR)
WHEREAS, Tompkins County has initiated and secured grants for the Tompkins County Shared
Services Electronic Records Repository (TSSERR) which is a shared service hosted by the County and
made available to all municipalities within the County; and
WHEREAS, the Village of Cayuga Heights Board supports the grant application for TSSERR in
2013; and
WHEREAS, the participating members of the TSSERR have drafted a set of By-Laws and a
Group Agreement which have been presented to its members and the Tompkins County Operations
Committee; and
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
WHEREAS, the Mayor has presented and discussed the TSSERR agreement and by-laws with
the Village Board of Trustees.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Village of Cayuga Heights Board of Trustees does hereby authorize the Mayor to enter into the
Tompkins County Shared Services Electronic Records Repository Group Agreement on behalf of the
Village of Cayuga Heights subject to the approval of the Attorney for the Village of Cayuga Heights.
Motion: Trustee Crooker
Second: Trustee Robinson
Discussion: Supervisor Cross and Deputy Clerk Podufalski attended an information session. There is no
additional requirement for funds other than the user license of $1,120 and $205/year for software support.
Scanning can be performed by Village employees or by Challenge Industries for $.06/page. There is a
confidentiality agreement in place to protect sensitive information for scanning. Ability to search data will be
defined by the Village.
No further comments
All approved – no nays or abstains – motion carried
Resolution #7336 Support for the Tompkins County Clerk’s Application for Funding from New York State
Consolidated Funding Application for Shared Services under the Local Government Efficiency Grant
WHEREAS, the Tompkins County Clerk’s Office intends to apply for funding through the New
York State Consolidated Funding Application (CFA) for monies to continue its efforts to increase
efficiencies in local services delivery of services and through shared services and support related to records
management systems; and
WHEREAS, the Village of Cayuga Heights Board of Trustees supports the County Clerk’s Office
in previous funding applications and looks forward to future opportunities for shared services and
intermunicipal cooperation which result in savings for its constituents; and
WHEREAS, the Village of Cayuga Heights Board of Trustees anticipates cooperating with and
joining in future shared services offered and/or supported by the County whenever feasible.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Village of Cayuga Heights Board of Trustees does hereby fully support the Tompkins County Clerk’s
Office in its pursuit and application for funding for shared services through a Local Government Efficiency
Grant.
Motion: Trustee Hamilton
Second: Trustee Robinson
Discussion: no other comments
All approved – no nays or abstains – motion carried
Resignation of Village Clerk
Resolution #7337 Accept Resignation of Mary Mills effective July 12, 2013
Motion: Trustee Karns
Second: Trustee Robinson
Discussion: no other comments
All approved – no nays or abstains – motion carried
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Prior to a vote on Proposed Local Law “F”, Attorney Marcus led the BOT through the SEQR Short Assessment
Form as follows with BOT responses indicated.
SEQR – Proposed Local Law “F” of the year 2013: A Local Law Amending Section 24 of The Village of Cayuga
Heights Zoning Ordinance To Add “Planned Unit Development” To Areas In Which Site Plan Review Shall Be
Required
No, or small
impact may
occur
Moderate to
large
impact may
occur
1. Will the proposed action create a material conflict with an adopted land use
plan or zoning regulations?
NO
2. Will the proposed action result in a change in the use or intensity of use of
land?
NO
3. Will the proposed action impair the character or quality of the existing
community?
NO
4. Will the proposed action have an impact on the environmental characteristics
that causes the establishment of a Critical Environmental Area (CEA)?
NO
5. Will the proposed action result in an adverse change in the existing level of
traffic or affect existing infrastructure for mass transit, biking or walkway?
NO
6. Will the proposed action cause an increase in the use of energy and it fails to
incorporate reasonably available energy conservation or renewable energy
opportunities?
NO
7. Will the proposed action impact existing:
a. public/private water supplies?
b. public/private wastewater treatment utilities?
NO
NO
8. Will the proposed action impair the character or quality of important historic,
archaeological, architectural or aesthetic resources?
NO
9. Will the proposed action result in an adverse change to natural resources (e.g.,
wetland waterbodies, groundwater, air quality, flora and fauna)?
NO
10. Will the proposed action result in an increase in the potential for erosion,
flooding or drainage problems?
NO
11. Will the proposed action create a hazard to environmental resources or human
health?
NO
Resolution #7338 Determination based on the information and analysis above, that the proposed action will not
result in any significant adverse environmental impacts.
Motion: Trustee Salton
Second: Trustee Karns
Discussion: no other comments
All approved – no nays or abstains – motion carried
Resolution #7339 Adoption of Local Law ‘F’ as written
Motion: Trustee Karns
Second: Trustee Robinson
Discussion: no other comments
All approved – no nays or abstains – motion carried
Report of the Trustees:
Trustee Hamilton asked the BOT to vote on Local Law ’B’: Regulation of Parades and Special Events.
Trustee Salton posited that specifics regarding parades or special events should reside in the permit process and not
in the law. An application/permit form is in development. Trustee Crooker contended that a structure needs to be in
place when and if a permit is denied. The discussion ended with agreement for the Public Safety Committee to
address the points raised at their next meeting.
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Report of Chief Steinmetz:
Submitted report (see website for report Police: http://www.cayuga-heights.ny.us/minutes.html)
Chief Steinmetz took this opportunity to compliment the Police force on great performance during the month.
The new vehicle has arrived and is being outfitted.
Interviews to identify a replacement part-time officer will take place during the morning on July 9 and 10.
The Chief attended a presentation on Hanshaw Road construction to commence on July 22. He recommends regular
updates on construction progress to be posted to the Village website.
Report of Superintendent of Public Works Cross:
The Waste Water Treatment facility has continued to meet the interim phosphorus limit imposed by the NYS DEC.
This limit is scheduled to end at the end of July. A formal request has been submitted to close out the consent order
and a new limit defined. The interim limit will continue in place until a DEC response is received establishing a
new limit.
Superintendent Cross was pleased to inform the Board that a settlement has finally been reached with Verizon for
$25,000 to be paid by the Village’s insurance carrier. Verizon had sued the Village for several million dollars in
payment for damage done by the DPW to an underground cable several years ago.
The Marcham Hall expansion is nearing completion. Sidewalk leading to the back entrance will be installed by the
DPW as soon as schedule allows. Furniture for Chief Steinmetz’s office is on order. Once it arrives and he can
move from his old office, it will be modified for use as a jury room and conference room.
Superintendent Cross wished to provide information regarding methodology used by NYS for passage of building
code revisions. He feels that it is important for the process to stay consistent. A currently proposed requirement that
all new single family residences contain a sprinkler system has been challenged.
Report of Clerk Mills:
Uniform Notice of Claim Act
Background e-mail from Mr. Wade Beltramo at NYCOM:
On December 17, 2012, Governor Cuomo signed the Uniform Notice of Claim Act into law. The
Act, which became effective on June 15, 2013, amended New York’s General Municipal Law to allow
notices of claim against cities and villages* to be served on the New York Secretary of State as agent for
New York’s public corporations. Pursuant to the Act, the New York Department of State will forward any
notice of claim served on it to the individual the city or village designates to receive the notices of claim.
To effectuate this new method of serving notices of claim on public corporations, General Municipal Law
§ 53 was added and requires each city and village to file with the New York Department of State a
certificate that (a) designates the New York Secretary of State as the local government’s agent for service
of notices of claim, (b) provides the name and address of an officer, person, or designee, nominee or other
agent-in-fact to which the Secretary of State will forward any notices of claim, and (c) provides the
applicable time limit for filing a notice of claim on the city or village. Note that General Municipal Law
§ 50-e imposes a general 90 day time limit for filing a notice of claim. City and village officials should
check with their attorney to determine if a different time limit has been established by statute.
Cities and villages should adopt a motion or resolution approving the designation and appointing the
individual to whom the Secretary of State must mail notices of claim. City and village officials have until
July 15, 2013 to file the certificate with the Secretary of State.
Resolution #7340 Designation of New York Secretary of State to act as the Village of Cayuga Height’s agent
for service of notices of claim, pursuant to the Uniform Notice of Claim Act signed into law by Governor
Cuomo on December 17, 2012.
Motion: Trustee Riesman
Second: Trustee Salton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Resolution #7341 the Village of Cayuga Heights designates the Village Clerk as person named to which the
Secretary of State to forward any notices of claim received.
Motion: Trustee Hamilton
Second: Trustee Salton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Report of Treasurer Mangione:
Submitted report (see website for report Treasurer & Abstract: http://www.cayuga-heights.ny.us/minutes.html)
Recommendation of CDLM as the Village’s external independent auditing firm for a three year contract period.
Discussion concerning perceived benefits of changing auditing firms, relative cost, and expectations for
external audit findings took place.
Resolution #7342 Authorization for Mayor Supron to enter into a contract with CDLM for auditing services for
Village fiscal years ending May 31, 2012; 2013; and 2014
Motion: Trustee Hamilton
Second: Trustee Robinson
Discussion: no other comments
All approved – no nays or abstains – motion carried
Abstract #15
Resolution #7343 Approval of Abstract #15 for FYE2013 consisting of General Fund vouchers 1071 – 1074 in
the amount of $12,883.56 and instruction to the Treasurer to make payments thereon.
Motion: Trustee Riesman
Second: Trustee Hamilton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Abstract #2
Resolution #7344 Approval of Abstract #2 for FYE2014 consisting of Trust and Agency Vouchers 2 – 13 and
General Fund vouchers 22 – 90 in the amount of $197,699.47 and instruction to the Treasurer to make payments
thereon.
Motion: Trustee Robinson
Second: Trustee Salton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Sherpa Technologies renewal contract, effective June 1, 2013.
Resolution #7345 Authorization by the Board of Trustees for the Mayor to enter into a renewal contract with
Sherpa Technologies for infrastructure support service retroactive from June 1, 2013 until May 31, 2014.
Motion: Trustee Riesman
Second: Trustee Hamilton
Discussion: no other comments
All approved – no nays or abstains – motion carried
Report of Attorney Marcus:
No items to discuss.
Resolution #7346 Agreement for need to move into Executive Session to discuss potential appointment of a
particular person to a particular position
Motion: Trustee Karns
Second: Trustee Riesman
Discussion: no other comments
All approved – no nays or abstains – motion carried
There may be action items upon which a resolution will be needed following adjournment of executive session.
Mayor Supron suspended the BOT meeting at 10:30 p.m.
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 8, 2013
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Executive Session of the Village of Cayuga Heights
Mayor Supron called the session to order at 10:40 p.m.
Discussion of the open position of Village Clerk and the potential appointment of Village Treasurer, Joan
Mangione to fill both positions.
Mayor Supron closed the session at 11:00 p.m.
The Mayor reopened the BOT meeting at 11:01 p.m.
Mayor Supron stated “I hereby appoint Joan Mangione to fill the vacant Clerk position for the remainder of
the Clerk’s term.”
Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 11:05 p.m.