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HomeMy WebLinkAboutMinutes of the Adjourned Meeting January 26, 2009.pdf 1 Minutes of the Board of Trustees January 26, 2009 Village of Cayuga Heights Meeting of the Board of Trustees Adjourned Meeting from January 20, 2009 Present: Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley, and Szekely, Supt. Cross, Ass’t Supt. Frisbie, Chief Boyce, Clerk Manning, Attorney Marcus Absent: Fire Supt. Tamborelle Others: Gabrielle Vehar, Alyssa Tsuchiya, Andrea Elmac, Sarah Hatcher, Guy & Mary Tabacchi, Michael Meador, Peter Borttorff, Karen Kaufman, Bill Patchen, Linda Bors, E.S. Bauh, Charlene Temple, Scott Tiel, Lisa Duggan, Mindy Mindlin, Nancy Green, Douglas Fowler, Hazel Brampton, Alexandra & Joe Giordano, Kate Supron, Sherene Baugher, Chris Anagnost, Bob Andolina ************************************************************************* Mayor Gilmore called the meeting to order at 7:00 PM and asked the Trustees and Department Heads to introduce themselves. He then explained that the January 20 Board meeting was adjourned to January 26 because of the presidential inauguration taking place on the 20th. The Mayor then asked the Board to approve the minutes of December 15, 2008. Motion by Trustee Szekely Seconded by Trustee Riesman Move to pass Resolution 6423 approving the minutes of December 15, 2008 as distributed. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. *************************** Privilege of the Floor – The Mayor opened the Privilege of the Floor. He reviewed the rules, stating a 2 minute time limit for each speaker and no exchange between individuals during the Privilege of the Floor. -Mary Tabacchi (VCH) – Objected to using taxpayer money to shoot deer. She abhors violence of any kind. VCH is a quiet, safe environment. Baiting and culling is extremely cruel and barbaric. -Peter Bottorff (VCH) – Different viewpoint. There are too many deer, choice is culling or doing nothing. Culling is best from a cost saving and safety view. -Lisa Duggan (OV) – Deer eat vegetation laden with toxic pesticides, making then unsafe for human consumption, not to mention lead contamination by the bullets being used. -Gabrielle Vehar (OV) – Spoke about the bait and shoot approach in Amherst, NY, where she was raised and lived during the height of the bait and shoot controversy, a controversy that lives on even today. Many mistakes made, much money spent, promises made, and 2 Amherst still has failed to implement cost-effective non-lethal methods with a proven track record of success. -Hazel Brampton (OV) – All deer will be affected by the Village’s decision. She lives on Christopher Circle and the Circle has a heard of approximately 12 deer. Ms. Brampton asked the Committee to investigate other options. -Peg Bauh (OV) – There is a law on the book in the Village about putting up fences. Why can’t it be changed? Why can’t the Village have a referendum about changing the fence law? The deer committee isn’t presenting correct statistics. -Michael Meador (VCH) – Grew up in a family who taught about about life and ecological diversity. There are too many deer. Problems arise when people of differing ideas live close together. -James LaVeck (OV) – Cayugadeer.org – Present to request information on the deer issue in Cayuga Heights. He also presented a freedom of information request for numerous documents pertaining to the deer issue in Cayuga Heights which he believes the community has a legal and moral right to have access to. -Jenny Stein (OV) – Disheartened on how a bait and shoot program will affect the people of the Village of Cayuga Heights. It will continue every year and will become a part of our community culture. There are non-violent alternatives to shooting the deer. -Scott Tiel (VCH) – Lyme disease is bad but curable. He is concerned about dogs with sharpshooters. There is a quiet majority that feels the same way. -Nancy Green (VCH) – Given that there are non-violent alternatives, i.e. changing fence laws, what would the downside be of trying other non-violent solutions for a year? The deer are a part of our life! The Mayor then closed the Privilege of the Floor at 7:40 PM stating that all letters handed to the Clerk during this Privilege of the Floor will be filed with the file of this meeting. ************************************************************************ New Business Report of the Fire Supt. – Report is on file. The Chief was not at this meeting due to work commitments. The question was asked about the item on page 2 of his report stating that NYS has cut the fire training budget. Trustee Donner answered that NYS supports Montour Falls Fire Academy where training has been conducted. He said that there is a possibility that we may have to find local funding to supplement some of the training that has been paid for by NYS. The Fire Supt. will be asked to elaborate further at the February Board meeting. Another question posed was if the firefighters are affected by the change in VFBL insurance. Treasurer Silber explained that the VFBL system has not changed. Trustee Donner asked if the Village can give a tax break to active firefighters. Treasurer Silber said yes, but there is currently a State tax break….you can only take one or the other. ********************************************************************** Report of the Ass’t. Supt. of Public Works – Report was distributed and is on file. The department has been focusing on clearing sidewalks and roads during the recent snow storms. The brush crew is trimming trees on Remington Road and flushing sewers. There is sand on hand to put on ice during cold spells. Trustee Bors said that the water system seems to be working well with no major breaks. Is this good luck? Ass’t. Supt. Frisbie 3 answered that we are lucky, because in the past, the Village has had approximately 6 water main breaks during cold weather. The new sidewalk plow is working nicely. Trustee Szekely thanked the snow crew for a job well done on plowing the streets during the frequent snow storms we have had lately. ********************************************************************** Report of the Mayor – The Mayor reported on the following: Deer Remediation – The DRAC website is live and will be completed after the meeting. The cost of upkeep will be $75/hour in 15 minute increments of work performed. The goal to have the mailing out to the Village residents is by the end of January. The Board has already approved $1000 for website and mailing expenses, but it has been determined that that is not going to cover everything. The mailing alone will cost approximately $1100. $325 has been spent so far which leaves a balance of $675. Treasurer Silber asked how much more is needed. Another $600 was suggested. The Mayor asked for a resolution to approve another $600. Motion by Trustee Donner Seconded by Trustee Szekely Motion to pass Resolution 6424 authorizing another $600 for the Deer Remediation Advisory Committee to cover expenses for mailing information to residents. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES The Mayor then went over the DRAC timeline. The website will be completed tonight. The mailing will be completed by the end of January. The next meeting is February 5. Public Hearings are set for February 19 and February 24, where Paul Curtis and Dave Reilman will be invited to speak. The recommendation of the DRAC to the Trustees will be by March 10. Budget Development – The Mayor will sit with Dept. Heads to prepare their budgets. The Treasurer and the Mayor will take the budget requests to Trustee Bors before it goes to the Trustees. Tree Lights - The Mayor would like Board support to professionally put the tree lights up on the pine tree in front of the Village hall or take them down. They are currently hung over a branch on the tree, not having been strung up this past season. Treasurer Silber said that it would cost approximately $2000 to have the lights strung professionally. In the past, the fire department hung the lights, but Chief Tamborelle is not in favor of the department being involved in this anymore. Trustee Riesman will speak to Chief Tamborelle to discuss this further. Elections – Village elections are set for Wednesday, March 18. 3 trustee positions are open. The Village website has all the election information on it with a link to the Tompkins County Board of Elections. 4 Cayuga Heights Association – The Mayor has collected $100 for performing marriage ceremonies and has passed that money to the Cayuga Heights Association. Mayor Updates are on the web. Trustees should contact the Mayor if they have a specific subject to have covered or would like to be interviewed. The Mayor would like to have an Executive Session to discuss staffing the Planning Board. Attorney Marcus said that at this point in the process, that request is not a legal reason to go into Executive Session. ************************************************************************* Trustee Privilege of the Floor Trustee Riesman presented an overview of her recommendation to the Board for an Independent Planning Board (IPB). If the recommended change to Local Law #2 of 1992 is passed, a Public Hearing has been scheduled for February 17 at 7:00 P.M. Trustee Riesman will have a speaker at that Public Hearing. A revised draft of the proposed change to the local law will be available 10 days before the Public Hearing. There was much discussion among the trustees regarding this proposal. Trustee Szekely asked about the process of the appointments to the IPB. Typically, the Village would announce that there are openings and ask individuals to submit a letter of interest. Trustee Collyer said that the IPB is not necessary. It will remove some of the ability of the Trustees. The Mayor feels that members of the same household can not be on both the IPB and the Board of Trustees. There was discussion on whether the Mayor’s wording would be incorporated into the change to the Local Law. Trustee Staley asked if the Committee would be appointed for a specific time. Attorney Marcus answered that the Village has a Planning Board and the Planning Board has always been the Trustees. The only change would be to fill the seats with others than the Trustees. The Trustees would be relinquishing their authority to make decision on subdivisions and site plan reviews, which are triggered by zoning applications filed in Supt. Cross’s office. Another function of the Planning Board is the advisory component. The Planning Board would advise the Trustees on the content of a comprehensive plan, but the Board of Trustees would need to adopt it by vote. The Planning Board would be appointed by the Mayor with the approval of the Trustees. They are not voted in by the residents of the Village. Trustee Bors said the advantage is that the Trustees have the ability to staff the Board with individuals who know more about planning than the Trustees do. Control is retained because the IPB can’t change any laws. Trustee Staley said that there is not going to be constant activity. The Village just doesn’t have things going on like it did in the past. Trustee Szekely said that she went to the Town of Ithaca Planning Committee meeting, and is convinced that the Village needs an IPB. She answered a phone survey being conducted by the Planning committee of the Town of Ithaca, the results of which will be used to update the Town’s comprehensive plan and found it necessary to explain to the surveyor that the Village of Cayuga Heights’ government provides municipal services to its residents. By establishing its own planning mechanism, the Village will affirm its identity among area municipalities. 5 Trustee Bors said that the Village of Cayuga Heights is one of the few municipalities that does not have an IPB. Trustee Reisman reiterated that the Planning Board could do something with existing buildings drawing ideas of future planning. Supt. Cross stated that the Town of Ithaca has a Planning Committee and a Planning Board and they manage to separate the functions. Attorney Marcus will provide the Board with a revised draft of the proposed change to the law 10 days before February 17. He will incorporate the change that the Board will limit members of the IPB to not be member of a household of a member of the Board of Trustees. It was noted that in the event that this idea doesn’t work, the Board can always change the law. ********************************************************************** Report of the Clerk –Renovation of Marcham Hall – Supt. Cross presented a brief background on the building project so far. The department heads worked together to come up with their own plans for both the 1000 and 2000 sq. ft. additions that were presented to the Board at the last meeting. The Trustees requested that the committee demonstrate that the departments could perform the functions needed within the space requested at the cost estimate of $600,000 to $750,000. Supt. Cross provided a slide presentation of a combined floor plan devised from a compilation of departmental ideas. There was discussion of plans, cost, tax rates, how and where to get the money, etc. Supt. Cross also spoke about the Capital Plan for Handicap Accessibility for the Court, and showed slides of that project. The $12,500 project is funded by a grant from NYS of $5000, with the Village spending $7500 from the capital fund. This project will enable make the entrance to the Village Hall handicap accessible. The plan for this project will fall nicely into the plan for the total renovation project that the Committee is working on. Motion by Trustee Riesman Seconded by Trustee Szekely Motion to pass Resolution 6425 authorizing the Engineer to proceed with the Handicap Accessibility Project and to approve a capital project for $12,500 of which $7500 comes from the capital fund and $5000 comes from a grant from NYS DCJS. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. At this time, Supt. Cross continued with his Report of the Supt. of Public Works – Phosphorous Treatment Project funding – Supt. Cross explained that a resolution needs to be passed by the Board authorizing CWSRF application and agreement for project financing – Motion by Trustee Collyer Seconded by Trustee Staley Motion to pass Resolution 6426 as follows: 6 Whereas the Village of Cayuga Heights herein called the Applicant, after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: PHOSPHOROUS FILTRATION UPGRADE and Identified as CWSRF Project Number C7-6382-02-00, herein called the Project, is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and Whereas the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the Water Quality Act), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and Whereas the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the CWSRF Act) established in the custody of the New York State Environmental Facilities Corporation (the Corporation) a water pollution control revolving fund (the Fund) to be used for purposes of the Water Quality Act; and Whereas the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and Whereas, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and Whereas, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; Now, Therefore Be It Resolved By the Board of Trustees as follows; 1. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Applicant to executive and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Jeffrey Silber, Treasurer 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program either short-term or long- term financing or both. 7 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, NY 12207-2997. 5. This Resolution shall take effect immediately. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. ************************************************************************* Report of the Treasurer - Treasurer Silber present the balance of his report, with the approval of the transfers and abstract having been approved at the meeting held on January 20. A copy of the Audit Report for the Justice Court for the periods ending December 31, 2006, 2007 and 2008 were distributed along with a letter to the Trustees by our accountants. If the Board wishes the auditors to attend a meeting to discuss the audit, let Treasurer Silber know. A few concerns were raised in the court audit which were discussed with the Justice. A formal response has been written to the auditors.. The Justice is now performing a monthly review of the Clerk’s books. A notice of the audit for year ending May 31, 2008 will be published in The Ithaca Journal. ************************************************************************* Report of the Police Chief – Chief Boyce presented his report, which is on file. Officer Manning was recognized for his achievements during DWI patrol and received an award at a STOP DWI luncheon. ************************************************************************* Report of the Attorney – Attorney Marcus asked the Board to go into Executive Session for the purpose of discussing proposed litigation. Motion by Trustee Staley Seconded by Trustee Bors Motion to pass Resolution 6427 to enter Executive Session at 10:40 PM for the purpose of discussing proposed litigation. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. Motion by Mayor Gilmore Seconded by Trustee Donner Motion to pass Resolution 6428 moving out of Executive Session at 11:10 PM. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. Motion by Trustee Szekely Seconded by Trustee Donner 8 Motion to adjourn the meeting at 11:10 PM. Mayor Gilmore, Trustees Bors, Collyer, Donner, Riesman, Staley and Szekely voted YES. *************************************************************************