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Minutes VILLAGE OF CAYUGA HEIGHTS Monday, June 15, 2015
Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m.
Present: Mayor Supron; Trustees: Marshall, Friend, Robinson, Biloski and Woodard; Fire Superintendent
Tamborelle; Superintendent of Public Works Cross; Deputy Clerk Podufalski; Attorney Marcus.
Absent: Trustee Salton, Police Chief Steinmetz
Call to Order: Mayor Supron called the meeting to order at 7:03 p.m.
1. Public Hearing on Proposed Local Law 2015-B
No members of the public wished to speak.
Mayor Supron stated for the record that the intent of the law is to halt ground-mounted installation of
solar panels while the Board considers revising the Zoning Ordinance to appropriately regulate their
installation. It is not that the Board is against installation of solar panels, but recognizes that ground-
mounted panels need to be regulated through zoning. In the meantime, an applicant may seek a variance
from this moratorium from the Zoning Board of Appeals.
Hearing closed by Mayor Supron at 7:06 p.m.
2. Approval of Meeting Minutes:
Resolution #7644
BE IT RESOLVED THAT: Minutes of the May 18, 2015 Village of Cayuga Heights Board of Trustees
Meeting are approved with revisions as written in Exhibit FYE2016-23.
Motion: Trustee Biloski
Second: Trustee Woodard
Ayes: Friend, Robinson, Marshall, Biloski and Woodard
Nays & Abstentions: none
Motion carried
3. Greater Tompkins County Municipal Health Insurance Consortium- Executive Director Don Barber
At this time Don Barber was not in attendance. His presentation was held later in the agenda.
4. Access Oversight Committee – 2016 Budget
Presenter Wies van Leuken was unable to attend due to illness. This item was reviewed later in the agenda.
5. Report of Fire Superintendent Tamborelle
Fire Superintendent Tamborelle informed the Board the summer event Movies at the Fire Station starts
on Thursday, June 25. A food truck will be available to sell dinner to those in attendance. The event will
be advertised on the sign outside of the Fire Station. Other advertising suggestions were discussed.
Bids on the new fire truck were opened on June 4. Only one company, KME, submitted a bid. All
companies who expressed interest were contacted the week before the bid opening to make sure they did
not require further clarification. Superintendent Tamborelle explained because the economy is improving
there is an increased demand for fire trucks and some companies are currently filling larger orders. The
new truck will match the other fire truck used by the fire department with the exception of an upgraded
engine and LED lighting. The total price of the truck is $532,000. KME has offered $60,000 for the trade
in of the old fire truck. Superintendent Tamborelle added that this truck was purchased 15 years ago for
$182,000. If the Village pre-pays, KME will give a $17,307 discount. If the Town of Ithaca pays 1/3 of
the cost, their share will be approximately $150,000 reducing the Village’s overall cost to around
$304,645.00
Resolution #7645
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the Mayor to
sign the contract for the purchase of a new KME Fire Engine from Kovach Mobile Equipment at 1
Industrial Complex, Nesquehoning, PA for the cost of $454,693.00
Motion: Trustee Robinson
Second: Trustee Friend
Ayes: Friend, Robinson, Marshall, Biloski and Woodard
Nays & Abstentions: none
Motion carried
Superintendent Tamborelle discussed raising the rent for 825 Hanshaw Road to $800 on July 1st. The
rent increase will support expenses and improvements.
Resolution #7646
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the rent at
825 Hanshaw Road to be increased to $800.00 effective July 1, 2015.
Motion: Trustee Woodard
Second: Trustee Friend
Ayes: Friend, Robinson, Marshall, Biloski and Woodard
Nays & Abstentions: none
Motion carried
David Openshaw, the current resident, will be moving out before September 1, 2015. He currently is on
a lease that has rolled over year after year. Superintendent Tamborelle will discuss the new rent amount
with David Openshaw.
6. Greater Tompkins County Municipal Health Insurance Consortium- Executive Director Don Barber
Executive Director Don Barber presented the annual report for the Consortium. He also discussed
information from slide print outs from a recent presentation held by the Consortium and reviewed Article
47 of the New York State Insurance Law.
The Consortium is entering its 5th year and is required to review the Municipal Cooperative Agreement
to determine if any amendments are necessary. He stated amendments to the MCA will be presented to
the participating municipalities in the near future.
Executive Director Don Barber reviewed the Orientation Manual provided to participating
municipalities. The manual may be viewed at:
http://tompkinscountyny.gov/files/healthconsortium/Resources/Final%20Orientation%20Manual.pdf
Mayor Supron explained that the Department of Public Works employees remain on the New York State
Teamsters health insurance plan because they offer insurance for those employees at a cheaper rate. The
Consortium did offer a considerable savings for the Police and Non-bargaining unit employees.
Mayor Supron informed the Board that in 2017 on account of the high quality insurance offered to
Village employees the Village will be charged a penalty tax.
7. Access Oversight Committee – 2016 Budget (Exhibit 2016-024)
Presenter Wies van Leuken was unable to attend due to illness. Mayor Supron presented the committee’s
budget recommendations on her behalf. She explained that the public access operations are funded
through 2 reserves 1) a small add on to each Time Warner Cable subscribers monthly bill 2) .5% of the
Village’s franchise fees. One reserve pays for the public access staff and the other pays for their
equipment.
Mayor Supron noted there has been a decrease in Time Warner Cable subscriptions. Consequently, there
has been a decrease in available funds.
Mayor Supron responded to a question by Trustee Woodard as to whether the Village has a choice in
approving the recommendation. Mayor Supron explained the funds do not come from the Village and
that the Board is only authoring the Access Oversight Committee use of the funds collected by Time
Warner.
Trustee Robinson asked how much money is currently in the public access reserves. Attorney Marcus
explained in recent years this has been disputed. Mayor Supron further explained that while Time
Warner collects the fees, they do not separate the funds. The Access Oversight Committee then must
contact the Village Clerk’s office to find out the amount of franchise fees Time Warner has paid to the
Village and therefore how much should be available in their reserves. The exact amount available in the
reserves is unknown.
Resolution #7647
BE IT RESOLVED THAT: The 2016 Access Oversight Committee budget recommendation resolution in
the amount of $12,500 is hereby approved.
Motion: Trustee Friend
Second: Trustee Woodard
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
8. Privilege of the Floor
No members of the public wished to speak.
The Board revisited issues regarding tree removals on Cayuga Heights Road discussed during privilege
of the floor at the last meeting. Superintendent Cross explained the delay of the cuttings as NYSEG has
yet to remove a guide wire. The contractor has asked permission to wait and start the cuttings after
NYSEG has completed this task. Superintendent Cross will contact NYSEG to urge them along and
expects the work to be completed by this time next month. Mayor Supron asked if the property owner
could still pursue legal action to prevent their removal. Attorney Marcus indicated that he had not
received any communications threatening legal action.
9. Report of Mayor Supron
a) Proposed Local Law 2015-B
Mayor Supron stated there will need to be modifications to the Village’s Zoning Ordinance and this
task should be started quickly. The Board discussed with Attorney Marcus and Superintendent Cross
specifics that should be addressed such as setback requirements and size limitations for ground solar
panel installations.
Attorney R. Marcus confirmed that the proposed local law is a Type II action exempt under Section
617.5(c) item 30 of SEQR.
Resolution #7648
BE IT RESOLVED THAT: Proposed Local Law 2015-B, a local law to establish a moratorium on the
installation of solar energy facilities on the ground is hereby approved.
Motion: Trustee Biloski
Second: Trustee Robinson
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
b) Procurement Policy (Exhibit 2016-26)
The recent NYS Comptrollers audit report stated the Village needed to produce an updated
Procurement Policy. Mayor Supron stated the policy can be a “living document” and be modified on
an as needed basis. Department heads need to be diligent in following the policy and assist the Board
in determining when such modifications need to be made.
Trustee Robinson and Woodard reviewed and made changes to the current policy. Trustee Robinson
stated the main issue is that the policy in place was not being followed and discussed the revisions
made to the policy. The new policy reflects the actual practices in use as well as a system of checks
and balances the State wanted in place.
Trustee Biloski asked what the annual review requirement entails. Mayor Supron explained the
Clerk & Treasurer would review the policy annually and report to the Board. If it is found the policy
is not being followed, the behavior or the policy would need to be changed. Mayor Supron stated
there are several policies that are mandated to be reviewed annually. She also explained a recent
PESH audit discovered that while the Village Workplace Violence Policy was in compliance, a
program was not in place to ensure the policy was being followed. Once a program was in place, a
routine survey was sent out to Village employees regarding their work environment. This survey
uncovered a hostile work environment at the Department of Public Works. This prompted personnel
changes at that facility.
Mayor Supron stated it has been discussed with TCCOG how difficult it can be for municipalities to
keep up with mandated policies. As part of TCCOG’s shared services effort, it has been suggested
that the county provide guidance to municipalities on maintaining policy compliance.
Resolution #7649
BE IT RESOLVED THAT: The revised Procurement Policy is hereby approved as presented to the
Village of Cayuga Heights Board of Trustees and will go into effect as of June 15, 2015.
Motion: Trustee Robinson
Second: Trustee Woodard
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
c) Shade Tree Advisory Committee Report (Exhibit 2016-27)
Scott Howard appointment – Scott Howard is a Village resident who has been participating with the
Shade Tree Committee, but has not attended the last several meetings. Mayor Supron would like to
hold off on his appointment until he has attended more meetings. It was brought to the Board’s
attention that he owns a tree planting business. It was discussed if this could possibly present ethics
issues. Mayor Supron explained he would not have the authority to approve tree purchases on behalf
of the Village. The Board discussed whether there would be an issue if the Village conducted
business with companies who used Scott Howard as their supplier. Mayor Supron stated she would
speak with Laurie Johnston, the Village labor attorney.
Mayor Supron read the Shade Tree Committee Report provided by Village Forester André
Bensadoun. Since the last Board meeting, Superintendent Cross has solicited quotes for tree
remediation and maintenance for the Silver Maples on Cayuga Heights Road. He received quotes
from 2 of the 3 companies he requested bids from. Limb Walker Tree Care was the lowest bidder for
both tree remediation and maintenance.
Resolution #7650
BE IT RESOLVED THAT: The Board of Trustees hereby authorizes the issuance of a purchase order
to Limb Walker Tree Care for the scope of work as identified in Lee Dean’s report for the remediation of
the 6 additional Silver Maple trees on Cayuga Heights Road.
Motion: Trustee Woodard
Second: Trustee Robinson
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
d) Emergency Management Plan
Mayor Supron recognizes this is a task that needs to move forward. Trustee Woodard has
incorporated the edits from Attorney Marcus into the plan. Chief Steinmetz has said a command
center needs to be established and the necessary forms need to be put into place. Therefore in the
event of a disaster people know where to go and how to document.
Empire Safety Group submitted a bid of around $10,000 to assist in finalizing the plan. The decision
would need to be made if there is in fact a substantial amount of work that needs to be done that
would warrant the services of an outside contractor.
It was noted there are several municipalities that are without an emergency management plan.
State grant funding is available for natural disaster relief for municipalities that have plans in place.
Without a plan in place, the Village could be penalized.
After attending a meeting hosted by Tompkins County a trustee discovered it is advised to have 3
levels or coordination in the event any one person is not available.
Superintendent Cross mentioned that the Board and certain staff members need to be certified in the
New York State Emergency Management System. Online courses are available to obtain
certification.
e) Zoning Review Committee Update
The committee continues to meet every 2 weeks to revise the Village zoning laws. They have
finished reviewing the residential and commercial sections. Currently the committee is working on
the special sections of the zoning code. They have yet to review the storm water, terms and
definitions sections. The committee hopes to have the draft completed by the end of the summer.
Once finished, the draft will be reviewed by the Board, the Village attorney, and then presented to
the public.
10. Report of the Trustees
No members of the Board had anything to report.
11. Report of Chief Steinmetz (Exhibit 2016-028 a, b, c)
Chief Steinmetz was not able to attend; there were no questions on his submitted report.
Trustee Biloski reported on the Public Safety Committee’s considerations of body cameras for the police
department. They are waiting to see how the City of Ithaca proceeds with their program. There is a
possibility that additional costs would be incurred due to the purchasing of the equipment and
monitoring of the data. Mayor Supron pointed out, at the very least, it would change how the police
officers allot their time as they would need to upload and categorize their footage.
12. Report of Superintendent of Public Works Cross
Superintendent Cross recognized the Department of Public Works crew for their assistance with the
Centennial Celebration preparations.
The Board was updated on the progress of the Kendall at Ithaca expansion project. He has reached a
level in the enforcement and inspection process where the owner is now obligated to provide continuous
on-site third party inspection reports. Mayor Supron asked about the Planning Board’s decision
regarding dirt removal issues. Superintendent Cross explained there were two parts to consider; the
current large dirt piles from the construction and a new grading plan. The new grading plan would
reduce the dirt piles after the job is complete. This plan would spread the dirt over a large surface area of
no more than 2 feet higher than the original plan submitted to the Planning Board. This was deemed as a
minor adjustment and therefore did not require an official amendment to the site plan review.
Superintendent Cross is currently working with a summer intern, Jikun Lian, who is a student at Cornell.
He is concentrating on fulfilling the storm water management requirement to map the Village storm
water sewer shed. They are both working with the Town of Ithaca and the Tompkins County Soil and
Water Conservation District.
A seasonal worker has been hired for the Department of Public Works crew. The individual, Tyler
Goodrich, is only able to stay on until the end of the summer before returning to school in the fall. A
replacement will be needed to finish the approved 20 week position duration. There was not a large
source of applicants for the position.
Mayor Supron has revised the job description for the Assistant Supervisor of Public Works position and
is waiting to hear back from Steve Estes at Tompkins County Personnel. The changes need to be
approved by the County. Once approval is received from the County, Mayor Supron will have the
position reviewed by the Public Works Committee before the position is posted.
13. Report of Clerk & Treasurer
Deputy Clerk Podufalski reported that the Clerk’s office is currently collecting tax payments and
delinquent water and sewer payments. The last day to pay tax bills without penalty is June 30. Clerk
Mangione and Deputy Clerk Podufalski attended the recent Tompkins County Health Care Consortium
presentation as mentioned by Executive Director Don Barber.
Resolution # 7651
BE IT RESOLVED THAT: Abstract #18 for FYE2015 consisting of General Fund vouchers 975-
1027 in the amount of $69,120.88 is approved and the Treasurer is instructed to make payments thereon.
Motion: Trustee Woodard
Second: Trustee Biloski
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
Trustee Friend noticed on the voucher for ThyssenKrupp Elevator a 3% discount would be applied if the
entire year’s contract was paid in full. This reduced the voucher amount by $92.86
Resolution #7652
BE IT RESOLVED THAT: Abstract #1 for FYE2016 consisting of TA vouchers 1-5 in the amount of
$15,138.54 and General Fund vouchers 1-211 in the amount of $281,667.37 is approved and the
Treasurer is instructed to make payments thereon.
Motion: Trustee Friend
Second: Trustee Woodard
Ayes: Trustees Biloski, Friend, Robinson, Marshall, and Woodard
Nays & Abstentions: none
Motion carried
14. Report of Attorney
Attorney R. Marcus had nothing to report.
15. Adjournment
The water meter issue at 206 Overlook will be discussed at the next Board meeting when Clerk &
Treasurer Mangione is available to provide final figures. Mayor Supron will contact property owner,
Mellissa Pollock, and explain the delay.
Mayor Supron adjourned the meeting at 9:10 p.m.