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HomeMy WebLinkAbout2015-11-16 minutes.pdf EXHIBIT 2016-085 page 1 of 17 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, November 16, 2015 Marcham Hall BOARD OF TRUSTEES MONTHLY MEETING 7:00 p.m. Present: Mayor Supron; Trustees: Biloski, Friend, Marshall, Robinson, Salton, and Woodard; Police Chief Steinmetz; Superintendent of Public Works Cross; Clerk & Treasurer Mangione; Attorney Marcus. Not in attendance: Fire Superintendent Tamborelle Call to Order: Mayor Supron called the meeting and the public hearing to order at 7:07 p.m. 1. Public Hearing: LonaCakes Cake Café and Bakery The hearing was opened and closed since no members of the public indicated they wished to speak. 2. Public Hearing: Hope’s Events & Catering The hearing was opened. Carole Schiffman expressed her appreciation to Lona and Hope for their interest in opening their food service businesses in the Village. No other members of the public wished to speak and the hearing was closed at 7:10 p.m. Due to attendees’ interest, the Board agrees to move forward with matters pertaining to permitting for LonaCakes and Hope’s Events & Catering. Superintendent Cross has determined that these applications are not subject to NYS General Municipal Law 239 regulating Coordinated Review and therefore has not forwarded these applications to Tompkins County. In New York State all discretionary approvals (permits) from a unit of local government, require an environmental impact assessment as prescribed by NYCRR Part 617 State Environmental Quality Review (SEQR). Environmental assessments are standardized through use of the Environmental Assessment Form (EAF). The following are included on subsequent pages: Part 1 – Project Information of the EAF submitted for the LonaCakes project by Anna Isenberg; Part 2 – Impact Assessment completed by the Board of Trustees with assistance from Attorney Marcus; Part 3 – Determination of Significance signed by Mayor Supron. Based upon the findings of Part 2, the following action is taken. Resolution #7712 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees has determined that the LonaCakes proposed action will not result in any significant adverse environmental impacts and authorizes Mayor Supron to sign as Responsible Officer in the Lead Agency. Motion: Trustee Woodard Second: Trustee Friend Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried Attorney Marcus advises the Trustees that having completed the SEQR, the Board is bound to consider Zoning Law Section 4.2.c in regard to the following use “Restaurant or dairy bar for the serving of food and beverages, but only on special approval of the Board of Trustees. In granting approval, the Board of Trustees shall determine, after a public hearing, that a need for such use exists for the convenience of the neighborhood and that the general welfare of the Village will be served and that there will be no excessive noise in connections with the use.” Resolution #7713: WHEREAS, the Village has received an permit application from Lona Gutchess (as agent of owner) to operate a cake bakery and café at 907 Hanshaw Road, and WHEREAS, the Village Zoning Officer has determined that a restaurant for food service type business is specifically allowed in the Commercial Zoning District, and WHEREAS, the Village of Cayuga Heights Zoning Ordinance Section 4.2.c. requires such food service business is subject to Special Approval by the Board of Trustees, and WHEREAS, the Board of Trustees have conducted a public hearing to receive comments from the applicant and general public, and WHEREAS, such request is considered an unlisted action under SEQRA NYCRR 617.5, for which a Short Environmental Assessment Form has been completed and has made a negative declaration, and WHEREAS, the Village of Cayuga Heights Trustees have determined that “the need for such use exists for the convenience of the neighborhood and that the general welfare of the Village will be served and that there will be no excessive noise in conjunction with the use”, and EXHIBIT 2016-085 page 2 of 17 THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby grants Special Approval to LonaCakes Café and Bakery to operate at 907 Hanshaw Road, subject to the following conditions: The menu will be related to cake bakery and café items. Indoor and outdoor seating will be provided for no more than fifteen (15) persons. The business will be open to the public Monday through Saturday between seven a.m. and seven p.m. Motion: Trustee Salton Second: Trustee Friend Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried Next on the agenda is consideration of a special permit application by Hope Rich for Hope’s Events & Catering. The following are included on subsequent pages: Part 1 – Project Information of the EAF submitted for the Hope’s Events & Catering project by Hope Rich; Part 2 – Impact Assessment completed by the Board of Trustees with assistance from Attorney Marcus; Part 3 – Determination of Significance signed by Mayor Supron. Based upon the findings of Part 2, the following action is taken. Resolution #7714 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees has determined that the Hope’s Events and Catering proposed action will not result in any significant adverse environmental impacts and authorizes Mayor Supron to sign as Responsible Officer in the Lead Agency. Motion: Trustee Friend Second: Trustee Robinson Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried As in the previous special permit action, having completed the SEQR, the Board is bound to consider Zoning Law Section 4.2.c. Resolution #7715: WHEREAS, the Village has received an permit application from Hope Rich to operate a food preparation/catering and food sales business at 200 Pleasant Grove Road, and WHEREAS, the Village Zoning Officer has determined that a restaurant for food service type business is specifically allowed in the Commercial Zoning District, and WHEREAS, the Village of Cayuga Heights Zoning Ordinance Section 4.2.c. requires such food service business is subject to Special Approval by the Board of Trustees, and WHEREAS, the Board of Trustees have conducted a public hearing to receive comments from the applicant and general public, and WHEREAS, such request is considered an unlisted action under SEQRA NYCRR 617.5, for which a Short Environmental Assessment Form has been completed and has made a negative declaration, and WHEREAS, the Village of Cayuga Heights Trustees have determined that “the need for such use exists for the convenience of the neighborhood and that the general welfare of the Village will be served and that there will be no excessive noise in conjunction with the use”, and THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby grants Special Approval to Hope’s Events & Catering to operate at 200 Pleasant Grove Road, subject to the following conditions: The menu will be related to event catering, breakfast and lunch retail operation both eat-in and take-out. Seating will be provided for no more than twelve (12) persons indoors and sixteen (16) persons outdoors. The business will be open to the public Monday through Saturday between seven a.m. and three p.m. Motion: Trustee Marshall Second: Trustee Biloski Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried EXHIBIT 2016-085 page 3 of 17 EXHIBIT 2016-085 page 4 of 17 EXHIBIT 2016-085 page 5 of 17 EXHIBIT 2016-085 page 6 of 17 EXHIBIT 2016-085 page 7 of 17 EXHIBIT 2016-085 page 8 of 17 EXHIBIT 2016-085 page 9 of 17 EXHIBIT 2016-085 page 10 of 17 EXHIBIT 2016-085 page 11 of 17 EXHIBIT 2016-085 page 12 of 17 EXHIBIT 2016-085 page 13 of 17 3. Approval of Board of Trustee Meeting Minutes: Resolution #7716 BE IT RESOLVED THAT: Minutes of the October 19, 2015 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2016-076. Motion: Trustee Biloski Second: Trustee Robinson Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton; and Woodard Nay & Abstentions: none Motion carried 4. Report of Fire Superintendent Tamborelle: (Exhibit 2016-077) Trustee Robinson posed a question regarding whether any charges apply when EMS responds to a call in the covered fire districts. It was confirmed that no charge to the individual or their health insurance provider is made. This year’s Town and Gown Awards Ceremony took place over the past week-end. Both Fire Superintendent Tamborelle and Police Chief Steinmetz attended to represent the Village and receive recognition for cooperation with Cornell. 5. Privilege of the Floor (PoF): Dooley Kiefer, who is a county legislator representing Cayuga Heights, spoke in support of solar installations. She hopes that solar panels will not be viewed negatively. 6. Report of the Mayor: a. Appointment of Meloney McMurry as an Alternate to the Planning Board: Mayor Supron is pleased to appoint Meloney McMurry as an Alternate to the Planning Board. Ms. McMurry is supremely qualified to serve on the Planning Board with a Master’s Degree in Planning and Urban Development from NYU, a Law Degree from Columbia University and a decade of experience in planning and urban development in New York City. Resolution #7717 BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights approves the appointment of Meloney McMurry as an Alternate on the Village of Cayuga Heights Planning Board. Motion: Trustee Robinson Second: Trustee Friend Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried EXHIBIT 2016-085 page 14 of 17 b. Discussion of a Draft of Proposed Local Law 2015-D A Local Law to Establish Solar Energy Collector Requirements: (Exhibit 2016-066) A copy of the draft proposed law has been shared with Brian Eden, the Village’s representative to the Environmental Management Council and Village resident Alex Kagan, a solar energy business representative, for their feedback. Mr. Eden shared his opinion, information on other local laws, and experience with solar installations throughout the discussion. Mayor Supron had attended a public information session presented by Renovus, a local solar energy provider. She explained the option of residents’ purchasing solar collectors at a Solar Farm which provides a higher percentage of productivity than panels constructed at a residence. Recommendations for revisions to the draft were presented, discussed, and incorporated. Mr. Eden pointed out that the Village’s Comprehensive Plan does not have a section on energy production and reduction. As a member of the Energy Roadmap Committee, he endorses having an energy use reduction plan. The state, county, and town have a goal of 80% reduction by 2050. Solar is a major component of achieving that goal. c. Community Choice Aggregation: (Exhibit 2016-078) Brian Eden familiarized the Board with the concept of demand aggregation. The Municipal Electric and Gas Association (MEGA) began in 1998 and became fully active 2001. The Village of Cayuga Heights is a member. There are now approximately 35 counties and 200 towns and villages in the association. A lower price from suppliers has been realized by aggregating all the demand and bidding it out through the request for proposal (RFP) process. It is now proposed that all residen ts could benefit from demand aggregation as well. The Public Service Commission (PSC) has not set the rules yet. Proceedings began in December of 2014; it is believed that rules will be established by early in 2016. There are other states that allow for this, but it is not legal in NY. In Illinois, 74% of electric consumers purchase through these consumer choice aggregations. The benefit of this not only provides lower pricing, but can also provide a choice of renewable source such as hydropower or solar. Mayor Supron has distributed a sample of a non-binding letter to be sent to MEGA President and CEO, Mr. Ron Feldstein. It expresses interest in this new municipal option for group purchasing of electricity. Resolution #7718 BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights authorizes Mayor Supron to send a non-binding letter to Municipal Electric and Gas Association President and CEO, Mr. Ron Feldstein expressing interest in pursuing municipal consumer choice aggregation. Motion: Trustee Salton Second: Trustee Robinson Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried d. Deer Population Survey Update: Dr. Paul Curtis reports to the Mayor that due to the warm weather and abundant acorn crop, deer are not coming to bait sites set out for the purpose of population analysis. The population survey has been postponed until January. e. Water Rate Restructure: A new proposal has been presented to the Bolton Point Water Commission which will be voted on at the December meeting. The rate structure doesn’t change, however the minimum gallon limit would change from 10,000 to 5,000. 7. Report of the Trustees: Trustee Woodard presented the revised proposal from Finger Lakes Technology Group (FLTG). Both the phone system and internet would be improved from the service that the Village has currently. The combined monthly fee would be more than is currently budgeted. Other potential providers have not responded to requests for pricing after the Village’s requirements were shared with them. Prior to a determination, additional bids will be sought and references will be checked. 8. Report of Chief Steinmetz: (Exhibit FYE2016-079a, b, c) During a recent interview, the Mayor was asked about deer/vehicle accident statistics over the last several years. Chief Steinmetz will compile the numbers and distribute them. The Police Department was represented at the Annual Open House at the fire station. EXHIBIT 2016-085 page 15 of 17 Chief Steinmetz referred to federal law regarding retired officers and their right to carry a concealed weapon. The following is a synopsis of the laws to which he referenced. On 22 July 2004, President George W. Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 108-277 exempts qualified active and retired law enforcement officers from local and State prohibitions on the carrying of concealed firearms. On 12 October 2010, President Barack H. Obama II signed S. 1132, the “Law Enforcement Officers’ Safety Act Improvements Act,” into law. The Act, now Public Law 111-272l improves the ability of retired officers to comply with the documents required by existing Federal law when carrying a firearm under 18 USC 926C and makes other modifications to existing law. On 2 January 2013, President Barack H. Obama II signed H.R. 4310, the “National Defense Authorization Act,” into law. The Act, now Public Law 112-239, went into effect immediately. The Law Enforcement Officers’ Safety Act (LEOSA) as amended can be cited as 18 USC 926B (for active duty law enforcement officers) and 18 USC 926C (for retired or separated officers). Retired Village officers were invited to the shooting range to qualify under these requirements in order to carry a concealed firearm within the United States. Next year the qualifying event will be held at a time when it can also serve as a reunion of former members of the department. Bids for the surplus police vehicle, a 2011 Ford Crown Victoria were read by Clerk & Treasurer Mangione. Following a brief discussion a resolution was moved. Resolution # 7719 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees accepts the bid of $2,735 from Mr. Donald Todd LaLonde for the purchase of one police surplus vehicle, a 2011 Ford Crown Victoria. Motion: Trustee Friend Second: Trustee Salton Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried 9. Report of Superintendent of Public Works Cross: (Exhibit FYE2016-80) Following completion of road paving and patching for the season, submission of the Consolidated Local Street and Highway Improvement Program (CHIPS) documentation for reimbursement was prepared and submitted. Approximately $250,000 will be forthcoming. Mayor Supron reported on the outcome of recent Zoning Board matters. The application for approval of a sorority house conversion was denied. Approval was granted for the affinity house application to increase occupancy. 10. Report of Clerk & Treasurer Mangione (Exhibits 2016-081a, b and 2016-082) a. Unpaid Village Taxes: A list of Village of Cayuga Heights taxes which remain unpaid as of November 2, 2015 is presented to the Board. Resolution #7720 WHEREAS, Diligent efforts to collect unpaid taxes by the Village of Cayuga Heights of the Town of Ithaca in the County of Tompkins have been made; and, WHEREAS, The Collector of Taxes has certified a list consisting of the taxes remaining unpaid upon the Village Tax Roll; and WHEREAS, Pursuant to the Real Property Tax Law of the State of New York § 1442, an alternative method for collection of delinquent village taxes exists. NOW, THEREFORE, BE IT RESOLVED THAT: This Board of Trustees requests the collection of delinquent Village of Cayuga Heights tax in the amount of $13,238.63 on seven (7) properties with $1,059.08 in penalties and $14.00 in late fees totaling $14,311.71 be submitted to Tompkins County. Motion: Trustee Salton Second: Trustee Biloski Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried EXHIBIT 2016-085 page 16 of 17 b. New York Heritage Copyright and Right to Use Agreement: (Exhibit FYE2016-083) Resolution #7721 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Clerk Mangione to sign the New York Heritage Copyright and Right to Use Agreement and forward it to the South Central Regional Library Council (SCRLC) granting permission to use digital copies of maps in their database and in future collaborative digital projects as approved by SCRLC. Motion: Trustee Robinson Second: Trustee Friend Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried Resolution #7722 BE IT RESOLVED THAT: Abstract #6 for FYE2016 consisting of TA vouchers 48 - 55 in the amount of $16,144.27 and Consolidated Fund vouchers 364 - 457 in the amount of $472,485.09 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Discussion: Trustee Salton asked about $1,170 on Voucher 407 for coins and coin shields. Chief Steinmetz explained that they are used as a motivational and management tool and are frequently made available by law enforcement agencies. The coin image was designed specifically for the Cayuga Heights Police Department. The Board agrees that the Chief has the prerogative to make decisions of this nature. However, the Chief will present expenditures of this nature to the Public Safety Committee in the future before he commits to the expense. Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried Resolution # 7723 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is deemed appropriate by virtue of §105 of the NYS Open Meeting Law subsection (f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Biloski Second: Trustee Robinson Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution # 7724 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is ended and returned to Open Session. Motion: Trustee Salton Second: Trustee Robinson Discussion: none Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution # 7725 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approve the assignment of Senior Motor Equipment Operator Timothy Eighmey as Working Supervisor of the Department of Public Works for a period of three (3) months. He will receive Out of Title Pay as stipulated in the Village’s contract with Teamsters Local 317 effective November 23, 2015. Motion: Trustee Robinson Second: Trustee Friend Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried EXHIBIT 2016-085 page 17 of 17 Resolution # 7726 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approve a revision to the salary range for Assistant Superintendent of Public Works to sixty-nine thousand dollars ($69,000). Motion: Trustee Biloski Second: Trustee Robinson Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution # 7727 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approve promotion of Richard Arsenault to Senior Machine Equipment Operator – Mechanic at the “after 1 year” rate specified in the Village’s contract with Teamsters Local 317 contingent on his acceptance of the responsibilities of Mechanic for Department of Public Works. Motion: Trustee Friend Second: Trustee Robinson Ayes: Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried 11. Report of the Attorney: No additional topics to discuss. The meeting of the Village of Cayuga Heights Board of Trustees is adjourned by Mayor Supron at 9:40 p.m.