HomeMy WebLinkAboutMay 9 2011 BOT minutes.pdfMay 9, 2011 Board of Trustees Meeting Minutes
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Present: Mayor Supron, Trustees: Andolina, Crooker, Hamilton, Karns, Riesman, Szekely, Police Chief Boyce,
Fire Superintendent Tamborelle, Superintendent Cross, Asst Superintendent Frisbie, Attorney Gutenberger,
Clerk Mills,
Absent: Treasurer Silber
Mayor Supron:
called the meeting to order at 7:03 PM;
read the newly adopted Privilege of the Floor guidelines;
opened Privilege of the Floor at 7:05 PM.
E. Mount – indicated that spring plants and flowers currently in bloom and visible from roads and sidewalk are
protected by front yard fencing; she is favor of the proposed local law “A”. (see statement in appendix A)
R. Bors – acknowledged the difficult task the Board is working toward resolution on the fencing issue and is not
in favor of the proposed fencing ordinance. (see statement in appendix A)
S. Grubb – thanked the Board for erecting the stop signs at The Parkway and Northway roads and believes this
will improve safety there. She also spoke in favor of the fencing ordinance. (see statement in appendix A)
P. Bottorff – was unable to attend the public hearing on the fencing ordinance but does not support it although
he believes that people should be able to do what they wish with their property.
M. Mindlin – submitted a petition along with several others all being in favor to amend the fencing ordinance.
(see statements at end - along with a petition submitted by O. White and states that the people on this list do not
have fences and will not erect fences but do not want property rights destroyed; and B. Lynn was at the public
hearing where 37 people supported in favor of higher fencing in appendix B)
A. Baker – spoke in support of the display of visual images by members of the public attending Board of
Trustee meetings.
B. Root - expressed concern regarding the killing of deer, specifically regarding the image and attention this
draws to the Village. (see statement in appendix A)
J. LaVeck – spoke in support of the display of visual images by members of the public attending Board of
Trustee meetings.
J. Stein – spoke in support of the display of visual images by members of the public attending Board of Trustee
meetings. (see statement and submitted statement for Meghan Beeby in appendix A)
S. Teel – stated that the Village is surrounded by communities that allow deer fencing and spoke in support of
the display of visual images by members of the public attending Board of Trustee meetings.
C. Temple – agreed with S. Grubb and advocates deer fencing as a non controversial means to resolve
deer/human conflict.
May 9, 2011 Board of Trustees Meeting Minutes
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Mayor Supron closed the Privilege of the Floor at 7:30 PM
Mayor Supron reminded all present that the purpose of the meeting is to conduct Village business
among the members of the Board in an open assembly. The Mayor indicated that there are offices hours for
people to discuss issues with her; there are email addresses for members of the Board of Trustees on the Village
website.
Approval of Minutes for March 14th, April 4th, and April 11th, 2011.
Motion: Trustee Hamilton
Second: Trustee Szekely
Resolution #6879 to approve the minutes of March 14th as submitted.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Motion: Trustee Hamilton
Second: Trustee Andolina
Resolution #6880 to approve the minutes of April 4th as submitted.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #6881 to approve the minutes of April 11th as submitted.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Report of the Fire Superintendent Tamborelle
Submitted monthly report
New fire truck update – the final inspection will be May 10th with delivery expected by May 14th or 15th
to be followed by a two days of training, after which the new truck will be put into service
Yard Sale – organizational planning and drop off of items proceeding at a steady pace
The pancake breakfast was a huge success and Brownie Girl Scout Troop 93 received $300 in donations
for the tsunami relief fund.
Donation from the Triad Foundation will be used for a new hose, meeting specifications for the new
truck with a savings on the final price.
May 9, 2011 Board of Trustees Meeting Minutes
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Report of the Asst. Superintendent of DPW Frisbie
Submitted monthly report
Requested a purchase order for a new wood chipper on a state bid contract which will result in
approximately $6000 savings when compared with the budgeted estimate.
Motion: Trustee Szekely
Second: Trustee Andolina
Resolution #6882 to authorize the purchase of a wood chipper from State contract bid #PC63066 in the amount
of $40,700, effective after June 1, 2011.
Discussion: some of the $6000 in savings on the cost of the chipper, as recommended by the Public Works
Committee, will be used to purchase a machine to put lines on the road using paint, which will be more
economical than the current use of plastic for crosswalks.
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Report of the Mayor
Deer management update – The Mayor has contacted the DEC, who are reviewing the Village’s SEQR
and other documentation; we await their response.
TCAT – Chief Boyce has been in contact with TCAT staff for further discussion regarding Bus route 30.
However, now that the stop signs have been erected at The Parkway and Northway intersection, TCAT
apparently believes the problem of safety at the intersection has been solved. TCAT has suspended
consideration of any route change.
The Village retains the option to pass a local law restricting heavy traffic on its major roads. More
discussion may be needed with TCAT regarding broadening bus services to the Village. The Mayor’s
goal is to work with TCAT, Chief Boyce and Trustee Andolina representing the Board’s Public Safety
Committee, and any other Board member who would like to continue dialogue.
Stop signs at The Parkway and Northway - It was further discussed that Chief Boyce has not seen any
problems with the newly erected stop signs at the Cayuga Heights Elementary School intersection; he
has not heard any resident comment. Plans to make the signs permanent will be addressed at the June
Board of Trustee meeting, along with any new crosswalk sites and attendant signage.
Counsel/Attorney Gutenberger advised that according to vehicle traffic law 1640 and Village law, as
long as the Village is adopting a local law, rule or regulation pursuant to the vehicle traffic law; they
may do so by resolution and become effective immediately. The temporary stop signs can be in place
for 120 days before having to be either removed or made permanent. The Board decided to place
making the stop signs at The Parkway and Northway permanent on the June meeting agenda in order to
allow residents to participate through Privilege of the Floor with comments and concerns. The Board
may then make the stop signs permanent by resolution at that time, and pass similar resolution(s)
regarding crosswalks.
May 9, 2011 Board of Trustees Meeting Minutes
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Discussion of proposed local law “A” – Fences and Walls. Mayor Supron asked the Board to limit this
discussion to 30 minutes, after which Superintendent Cross handed out to the Board and those members
of the audience who wished to have one, a rough draft of the statistics from the fencing survey produced
by Joe Lisi. Superintendent Cross has inspected about 74 percent, or 688 properties of the properties
surveyed by Mr. Lisi, and found that 336 have some form of fencing on them or about a third of the
Village’s residential properties, ranging from mostly compliant to non-compliant. Fifteen percent of
these properties with fences are in violation of some sort or another. This summary is NOT a document
for enforcement but is useful in order to appraise the Board of the situation as a background to its vote
on the proposed local law.
If the ordinance is left unchanged, there will be approximately 63 fences not in compliance. If the
ordinance is changed, there will be 25 fences not in compliance. Superintendent Cross’s data is drawn
from his visual survey of fences seen only from the road. Some fences are very old and are not
intended to be deer fences.
Changes to the language, provisions in the proposed local law:
Under “D” Fences exceeding four (4) feet in height
“c.” Front Yards:
4th line change exclosures to exclosure
Under Section IV. SUPERSEDING EFFECT
The word “superceded” change to superseded
Mayor Supron read from parts of the proposed local law, pointing out that property line fencing can
reach up to 8 feet in height on side and rear property lines and can be erected with a 25 foot front yard
setback. The Board members were asked to indicate their individual opinions on on the proposed local
law.
Trustee Riesman – is not in favor of the proposed local law “A” Fences and Walls
Trustee Karns – is in favor of the proposed local law “A” Fences and Walls
Trustee Szekely - is in favor of the proposed local law “A” Fences and Walls
Trustee Andolina - is not in favor of the proposed local law “A” Fences and Walls
Trustee Hamilton - is in favor of the proposed local law “A” Fences and Walls
Trustee Crooker - is not in favor of the proposed local law “A” Fences and Walls
Mayor Supron indicated she could see both sides of the issues.
Attorney Gutenberger read through the SEQR form, the Board thoroughly considered all aspects of and
completed the form and ultimately decided that the action will not result in any significant adverse
environmental impacts.
May 9, 2011 Board of Trustees Meeting Minutes
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Having completed the SEQR process the following occurred:
Motion: Trustee Karns
Second: Trustee Hamilton
Resolution #6883 – to adopt proposed local law “A” Fences and Walls as presented.
Discussion – no further discussion
Aye votes: Trustees: Hamilton, Szekely, Karns
Nay votes: Trustees: Andolina, Crooker Riesman, Mayor Supron
Resolution did not pass.
Discussion –the point was raised that because fencing on some properties does not comply with the fencing law
as left in place by defeat of the proposed change, the question needs to be addressed about the level of
enforcement and when should that begin? Discussion will continue at the June 13th Board meeting.
Treasurer’s position – the Board will discuss in executive session.
Marcham Hall renovations – Several of the Trustees and the Mayor met with three architects and Mr.
Todd Zwigard has submitted an estimate of $6,000 to design the addition with a jury room and handicap
accessible bathrooms using the $30K grant recently received by the Village Court and matching funds
from the Village to that amount.
Motion: Trustee Andolina
Second: Trustee
Resolution #6884 – to authorize the Village Attorney to prepare a contract for Architect Todd Zwigard’s
services.
Discussion: Superintendent Cross is encouraged with Mr. Zwigard’s plans and looks forward to working with
him. It was noted that the building is not out of compliance with legal regulations but is in need of updating.
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #6885 – to engage services of Architect Todd Zwigard and authorize Mayor Supron to execute a
contract approved by the Village Attorney. Said contract shall limit the scope of services to Six Thousand
dollars ($6,000).
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
May 9, 2011 Board of Trustees Meeting Minutes
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Meeting Procedure Guidelines – Mayor Supron read the following statement :
RULES GOVERNING PUBLIC ACCESS TO MEETINGS OF
VILLAGE OF CAYUGA HEIGHTS
Section 1 - Purpose and scope:
(a) The people’s right to witness and observe the governmental decision-making process in action is basic to our
society. Access to public portions of meetings of public bodies must be protected and maintained.
(b) We adopt these guidelines in order to provide direction concerning the procedures by which public meetings
of this public body may be observed, photographed, recorded and broadcast.
Section 2 - Observation, Sign Display, Distribution of Material, Recording and Broadcasting Public Portions
of Meetings:
(a) The public portion of any meeting of a public body may be photographed, recorded and broadcast.
(b) A public body may adopt reasonable rules governing distribution of materials, the location of displays and
signs, and the location of equipment and personnel used to photograph, record or broadcast the public portion of a
meeting in order to ensure that the distribution of such material, display of such signs and banners, and the use of
such equipment does not detract from or interfere with the deliberative process.
(c) There is no privacy interest in statements made during public portions of meetings of public bodies. Distaste
or embarrassment shall not constitute a basis for prohibiting or limiting the photographing, recording or
broadcasting of those present at a meeting.
Section 3 - Rules for Observation, Sign Display, Distribution of Material, Recording and Broadcasting Public
Portions of Meetings:
(a) Operation of equipment to photograph, record or broadcast a meeting is permitted unless it is obtrusive,
disruptive, or interferes with the deliberative process or the right of persons in attendance to observe or listen to
the proceedings. In all circumstances, such equipment shall be located behind the last row of public seating
in the meeting room so that the anyone in attendance may hear and observed the deliberative process
without obstruction or interference.
(b) Use of special lighting or large equipment necessary to photograph, record or broadcast a meeting is permitted
unless it is obtrusive or disruptive. In all circumstances, such equipment shall be located behind the last row
of public seating in the meeting room so that the anyone in attendance may hear and observed the
deliberative process without obstruction or interference.
(c) Persons operating equipment necessary to photograph, record and/or broadcast shall be given a reasonable
opportunity to modify their actions in order to avoid interference with the deliberative process.
(d) No material shall be broadcast, displayed, projected, disseminated or distributed inside the meeting room or
building holding said meeting, including foyers and hallways, without the prior express permission of this public
body.
(e) No signs, banners, visual displays, or audio broadcasts shall be hung, displayed, located, projected, or placed
anywhere inside the meeting room or building holding said meeting, including foyers and hallways, without the
prior express permission of this public body.
Section 4 - Public notice:
These rules governing the distribution of materials, the location of displays and signs, and the location and
operation of equipment necessary to photograph, record or broadcast a meeting shall be posted in the building
holding a public meeting and also in Marcham Hall. Written copies of these rules shall be provided upon request,
free of charge, to those in attendance at or who seek to attend a meeting.
Section 5 - Severability:
If any provision of these guidelines or the application thereof to any person or circumstances is adjudged invalid
by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions
of these regulations or the application thereof to other persons and circumstances.
May 9, 2011 Board of Trustees Meeting Minutes
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Discussion: The Board is in support of these rules in order to create an atmosphere of neutrality in its meeting
space. It was noted that these guidelines are consistent with those of the New York State Committee on Open
Government.
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution # 6886 – to adopt the “Rules Governing Public Access to Meetings of Village of Cayuga Heights”
guidelines.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Meeting Break at 9:50 – Resume at 9:55
Report of the Police Chief Boyce
Submitted report – there were no questions from the Board
Resignation of Karl Bowers Jr
Motion: Trustee Szekely
Second: Trustee Andolina
Resolution #6887 – to accept the resignation of Karl Bowers Jr. as of May 3, 2011.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Motion: Trustee Andolina
Second: Trustee Riesman
Resolution #6888 – to authorize Chief Boyce to hire Peter T Hughes as a part-time Police Officer as of May 10,
2011.
Discussion: this is a replacement person with the following contractual shifts:
Day shift at $21.92
3 – 11 shift at $22.57
11 – 7 shift at $23.17
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
May 9, 2011 Board of Trustees Meeting Minutes
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Motion: Trustee Andolina
Second: Trustee Crooker
Resolution #6889 – to authorize Chief Boyce to hire James E Conlon as a part-time Police Clerk at $14.08 per
hour beginning 5/10/2011.
Discussion: this clerk will work 7 hours per week and then as needed when regular clerk is out of the office.
There are no benefits for this position.
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Next item:
Chief Boyce would like the authorization to order a police car after June 1st to replace the current #124
Charger unit. These vehicles are on a three-year replacement cycle. There is a State contract for a Ford Crown
Victoria at $23,663.20 for this replacement.
Motion: Trustee Andolina
Second: Trustee Hamilton
Resolution #6890 – to authorize Chief Boyce to purchase a police vehicle after June 1st at a value of
$23,663.20.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Next item:
Chief Boyce addressed the TCAT issue and his wish to work regarding bus routes on the major
roadways, such as Triphammer and Pleasant Grove Roads. It was suggested that Cornell be approached
regarding funding for a possible reopening of Country Club Road.
Report of Superintendent of Public Works Cross
Activities at the Planning Board – the Planning Board was asked to give final approval for the Upland
Road subdivision project with a lengthy set of conditions. They are still waiting for the Army Corp of
Engineers approval. Once this is given then a permit can be issued.
A new small subdivision on Pleasant Grove Rd which involves a property backing onto Pleasant Grove
Lane, which is a private road. This will be brought back to the Planning Board once issues are resolved.
For the record, Superintendent Cross would like to clarify the misunderstanding at the Budget meeting
on April 27th where the statement was made that a a budget item of $100,000 in the 2001-2012 included
a vehicle for use by the Superintendent. This is not correct. The budget line item is for $110,000 to
replace major pieces of equipment that are on a 7-year replacement cycle.
Trustee Szekely and Superintendent Cross will be meeting with the Kendal staff and residents regarding
the relocation of the crosswalk at Kendal on North Triphammer Road to resolve a further question
regarding the length of the traffic island near the proposed site.
May 9, 2011 Board of Trustees Meeting Minutes
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Report of the Clerk Mills
IT proposal update – Clerk Mills reported on the three recommendations she pursued for Sherpa
Technology, all of which were glowing; one was a former client of the Computing Center. The
Computing Center to date has not returned any calls responding to her request for references. Clerk
Mills feels Sherpa is the best prospect for supporting the Village IT needs.
Mayor Supron and Clerk Mills had a preliminary meeting with Sherpa staff members in March.
Motion: Trustee Szekely
Second: Trustee Andolina
Resolution #6891 – authorizes Sherpa to do an initial network assessment of work needed for $400 and an
annual contract not to exceed $8,000 for on site support services.
Discussion: Treasurer Silber has relinquished his IT support. Funding to carry on the currently ending
fiscal year will come from contingency.
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Next item:
Telephone system – the Village voice mail system went down April 26 and has been reactivated as of
May 2nd through working with All-mode. Mr. Frank Agola with All-mode has given a packet of
estimates ranging from minimal short-term repair of $4,000 to a whole new system of $18,000. The
Village system is a Norstar system that is no longer available. A new company Avaya has purchased
Norstar but they indicate they will not support this system past 2016. The Village phone system serves
the DPW, Police, Justice and Fire Department.
Report of the Treasurer Silber – unable to attend (Mayor Supron reported)
Transfers
Abstract
Motion: Trustee Andolina
Second: Trustee Riesman
Resolution #6892 – to transfer of the following funds as recommended by Treasurer Silber:
Clerk Contr Exp (A1410.410) $1,500
Attorney Contr Exp (A1420.410) $10,000
Pub Info Newsletter (A1480.410) $600
Telecom Contr Exp (A1650.410) $750
Planning Deer Control (A8020.430) $5,900
From Police Contr Exp (A3120.410) to Police Eqpt Maint (A3120.490) $1,000
From Street Eqpt (A5110.200) To Street Contr Exp (A5110.410) $800
From Street Eqpt (A5110.200) to Street Eqpt Maint (A5110.490) $220
From Info Tech Eqpt (A1680.200) to Contingency $4,150 From Police and Fire Retirement to
Contingency $17,160
May 9, 2011 Board of Trustees Meeting Minutes
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Recognize Gift (A2705) from Triad Fdn and Appropriate to Fire Eqpt (A3410.200) $10,000
Reappropriate from Fund Balance FY10 Capital Item (Bauer Compressor) paid in FY11 $51,050
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Motion: Trustee Karns
Second: Trustee Andolina
Resolution #6893 – to approve abstract as submitted by Treasurer Silber.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Report of Attorney Gutenberger
Consideration of local law for minimum meeting attendance for Planning Board and Zoning Board of
Appeals members – proposed local law “H”
Motion: Trustee Karns
Second: Trustee Andolina
Resolution #6894 – to schedule public hearing on June 13th at 7PM at Marcham Hall.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Trustee Privilege of the Floor – none
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #6895 – to enter into executive session to discuss personnel issues at 10:44PM.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
May 9, 2011 Board of Trustees Meeting Minutes
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Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #6896 – to exit executive session at 11PM.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Mayor Supron reopened regular meeting at 11:02 PM
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #6896 – to appoint Joseph Lisi as Fire Inspector effective immediately.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton, Karns, Crooker, Andolina
no nays or abstains Motion passed
Adjourn regular meeting at 11:04PM
Mary E Mills
Recording Clerk
May 9, 2011 Board of Trustees Meeting Minutes
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