VILLAGE OF AURORA BOARD OF TRUSTEE’S MEETING June 18, 2008 Held at the Aurora Firehouse Meeting Room Present: Mayor Thomas Gunderson Trustees - James Chase, Kenneth Zabriskie, & George Farenthold Also Present: Legislator George Fearon Village residents: David Brooks, Cynthia J. Koepp and John Place Kathleen Walsh-Bowen & Michael Hrab Attorneys from the law firm of Scolaro, Shulman, Cohen, Fetter & Burstein, P.C. Deborah Brooks, Deputy Village Clerk/Treasurer Absent: Trustee Elisabeth MacCormick Village Clerk Nancy Yann The Mayor called the meeting to order at 7:30 PM. He led the room in the Pledge of Allegiance. Trustee Farenthold informed those present that he was married to Lisa Marsh Ryerson, President of Wells College. Mayor Gunderson asked for approval of the May 21, 2008 Public Hearing Minutes for the Re-adoption of the Comprehensive Plan and the adoption of Village Zoning Local Law No. 1 of 2008. Trustee Farenthold moved approval and Trustee Chase seconded. Mayor Gunderson asked for approval of the May 21, 2008 Regular Village Board Minutes. Trustee Farenthold moved approval and Trustee Chase seconded. Discussion - Trustee Farenthold asked that the Minutes show correction of spelling on page 3 that “Mr. Carl Whiffen’s” name was misspelled and asked that both documents be proof read again for other errors before going on the web page. Trustee Zabriskie noted on page 5 in the Section pertaining to Planning Board that in the 5th line down should be “recommended”; in line 7th should be “center of the Village”; in the 11th line “nay” should be “any” and in the 8th line “Trustee Chase suggested that”. Mayor Gunderson also noted on page 6 where appointments to committees were made that Sara Wells was appointed to a five year term replacing Grace Bates and that Janet Murphy was filling the un-expired term of Steve Taylor’s for one year. The Mayor asked that those corrections to be noted in the Minutes. He then called the vote. Unanimously approved with corrections. Motion Carried 4:0. Changes to the Agenda - The Mayor added Time Warner Survey; Update on Potter/Congleton Water/Sewer issue south on Rte 90 to Old Business and Worker‘s Comp with Cayuga County and easement request from DEC for Zwigard‘s property be added to New Business. Trustee Zabriskie asked to have the Noise Ordinance and stripping of parking places to Village Streets added to Old Business. Announcements - The Mayor informed the Board that they would address the Sterling letter pertaining to the Worker’s Comp issue later in the meeting. Deputy Clerk Brooks informed the Board that the Cayuga County Association of Villages Dinner would be hosted by the Village of Fair Haven on Tuesday, June 24, 2008 at Pleasant Beach Hotel. Visitor Recognition - Mayor Gunderson recognized CJ Koepp and John Place who live at 327 Main Street. Ms. Koepp read aloud from a prepared statement her “Timeline on the ‘Fences as Trees’ issue with the Holland’s” to those present. (An information packet handed out by Ms. Koepp to Village Board Members is attached to file copy of Minutes). Ms. Koepp’s timeline commenced from November 2007 through April 2008. In her statement Ms. Koepp referred to various zoning law processes that were not followed according to the Village Zoning Law by Code Enforcement Officer Doug Staley and the Village of Aurora Zoning Boards regarding the “temporary fence” issue at the Holland residence bordering the two properties. Ms. Koepp referenced a letter from Mr. Staley to the Holland’s Attorneys; Woods, Oviatt, Gilman LLP dated November 8, 2007. She noted that Mr. Staley who had issued a “Stop Work Order” on the Holland’s regarding the trees was still in effect until the Holland family had a ruling from the Community Preservation Panel and the Planning Board before planting could commence. She also noted the violation of the illegal fences installed by the Holland’s from last year and asked the Village Board have them removed. She further stated that Mr. Staley referenced the Easement and Right of Way regarding the Railroad Property and their right to lakefront property. Ms. Koepp also referred to the first page of a letter dated November 8, 2007 from Village Attorney Andrew Fusco to their Attorney, Scott Chatfield, regarding the “temporary” fencing issues. Ms. Koepp emphasized the compromise of views due to the number and size of the trees and the two temporary fences. Ms. Koepp mentioned that the Holland’s had installed the dock and terrace without the proper 10’ set back and permits. Mayor Gunderson reminded Ms. Koepp and Mr. Place that the Holland’s that no one was aware of the deeds pertaining to the lakefront properties, at that time of installation of the dock and terrace therefore the Village issued permits based on the Local Law No.1 of 2002 [To Regulate Land and Provide for Historic Preservation] and the approval from the Army Corp of Engineers. Ms. Koepp complained that the Village Law was not being enforced and has been very costly for her and Mr. Place due to the Holland’s actions. Mr. Place remarked that the Zwigard’s were unable to attend the meeting tonight as planned. Mr. Place informed the Board that the DEC had conducted an Archeological and Historical Study of the properties in the area and from that study they found that the open ditch was not appropriate for the Village as they were not used at the time the Webb House was built in the Village. Mr. Place said that the DEC has agreed to a 30” covered pipe with angle on the south border of their property and Holland’s. The DEC will need a 20” Easement using 10’ from each property. Mayor Gunderson informed Mr. Place and Ms. Koepp that the Village Attorney, Andrew Fusco, had advised the Village Board at their May 2008 meeting that trees do not constitute fencing and the Local Law was not clear on this issue. Ms. Koepp again complained that the Zoning Board of Appeals ruled that trees are fences and that the Community Preservation Panel had refused to handle this issue. Ms. Koepp also remarked that she had spoken with the Landscaper’s who delivered the trees for the Holland family and noted that pruning was needed to maintain height. Mayor Gunderson noted that neither the CPP nor the ZBA are able to dictate height regulations on trees as the Village Zoning law does not address this issue. Trustee Farenthold asked the attorneys present if they represented the Holland family. They both answered that they did. Trustee Farenthold asked Ms. Bowen and Mr. Hrab if they would like to comment on the remarks made tonight. Mr. Hrab said that they that they were here for observation only. Mayor Gunderson stated that the Village would not get involved with a property owner’s dispute. Mr. Place repeated the problems with the Holland dock and terrace area. Mr. Place demanded that the Village Board uphold their Zoning Law or future projects would be compromised due to the lack of action by the Village. Mr. Place held up a colored photo of the Zoning Law sign located at the south end of State Route 90 for the Village Board to view as he spoke. Mr. Place requested that the Village Board make the Holland family correct the problems with the setbacks for the dock and terrace. Trustee Zabriskie asked that an Executive Session be added to the agenda at the end of the meeting to discuss pending litigation. The Members of the Village Board agreed with Trustee Zabriskie. Trustee Farenthold asked Mr. Hrab to define the difference between “warranty deeds” and “quitclaim deeds”. Mr. Hrab emphasized that only a judge could make definitive judgment depending on the wording of the documents. Mr. Hrab noted that a recent survey done by the Holland Family of their property agrees with the tax map documents already in use. A discussion of the Railroad Right of Way ensued. Mr. Place and Ms. Koepp again stated that this has cost then “tens of thousands of dollars” complying with the Zoning Law themselves and could not understand why the Holland’s were not held to do the same. Mayor Gunderson said that this was a black mark on their watch and was sorry the situation had occurred. He thanked Ms. Koepp, Mr. Place Ms. Bowen and Mr. Hrab for attending the meeting. (Ms. Koepp, Mr. Place, Ms. Bowen & Mr. Hrab left the meeting). Treasurer’s Reports - Ms. Brooks reported that she found General Fund had a year end increase of 5.76% in revenues when compared to 2007 figures. Water Fund was .896% short from 2007 and Sewer Fund was 7.445% short from 2007 due to increases in utility costs. Over all the three funds remain in good shape, but further reflection could not be had until the books are official closed for the year. Ms. Brooks also noted that the following budgeted revenues came in higher than expected: Sales Tax 16.78%; Gross Utilities 18%; Cable TV Franchise 21% and Mortgage Tax 39%. Ms. Brooks noted that there were no monthly reports for June as the 2007-2008 books have not been closed down yet. The Mayor noted the Year End Budget Modifications as follows: GENERAL FUND- $1,517.93 from A1410.41 - Clerk/Treasurer - Computer/Copier 1,131.40 A1410.12 - Treasurer - Personal Services 248.20 A1620.2 - Buildings - Equipment/Capital 132.62 A1620.44 - Buildings - Electricity 176.98 A1410.2 - Clerk/Treasurer - Equipment 18.00 to A1410.4 - Clerk/Treasurer- Contractual 2,802.81 A1410.1 - clerk/ treasurer- Personal Services 5.50 A1410.43 - clerk/ treasurer - Postage 248.20 A1620.1 - Buildings - Personal Services 132.62 A1620.43 - Buildings - Janitorial Services Total $3,207.13 Trustee Farenthold moved approval of the General Fund Year End Budget Modifications. Seconded by Trustee Chase. Motion Carried 4:0. WATER FUND - $598.40 from F8340.4 - Transmission & Distribution - Contractual 41.61 F9060.8 - Hospital & Medical Insurance 598.40 to F8340.1 -Transmission & Distribution - Personal Services 41.61 F9030.8 - Social Security Total $640.01 Trustee Zabriskie moved approval of the Water Fund Year End Budget Modifications. Seconded by Trustee Farenthold. Motion Carried 4:0. Sewer fund- $571.30 from G8130.47 - Sewage Treatment - Equipment Repairs 1,534.20 G8130.2 - Sewage Treatment - Equipment 159.03 G8120.2 - Sanitary Sewers - Equipment 1,447.78 to G8130.1 - Sewer Treatment - Personal Services 6.03 G8130.4 - Sewer Treatment - Misc Contractual 80.39 G8130.45 - Sewer Treatment - Chemicals 571.30 G8130.47 - Sewer Treatment - Sludge 159.03 G9030.8 - Social Security Total $ 2,264.53 Trustee Zabriskie moved approval of the Sewer Fund Year End Budget Modifications. Seconded by Trustee Farenthold. Carried 4:0. The Mayor presented the bills for payment on Abstract # 1: General Fund voucher #s 1, 3, 5, 7-11, & 15-28 in the amount of $10,346.09. Trustee Chase moved payment of General Fund bills, seconded by Trustee Farenthold. The Board unanimously approved payment of the General Fund bills. Motion Carried 4:0. Water Fund voucher #s 4, 9, 10, 13, 20, 23, & 24 in the amount of $2,116.30. Trustee Zabriskie moved payment of Water Fund bills; seconded by Trustee Farenthold. The Board unanimously approved payment of the Water Fund bills. Motion Carried 4:0. Sewer Fund voucher #s 2, 4, 6, 9, 10, 12, 14, 18, 19, 23, 24, & 27 in the amount of $6,273.58. Trustee Zabriskie moved payment of Sewer Fund bills with a second by Trustee Chase. The Board unanimously approved payment of the Sewer Fund bills. Motion Carried 4:0 Committee Reports: Buildings and Grounds - Trustee Farenthold reported that Senator Schumer issued a press release last evening announcing that the new truck traffic regulations were on pace. Trustee Farenthold also presented names for the Village Task Force. Trustee Zabriskie and Mayor Gunderson reminded Trustee Farenthold that two or more members from the various Village Boards would be considered a quorum and therefore public notice would be required of all meetings according to NYS law. Trustee Farenthold explained that his list was of potential recruits and didn’t expect that all would be available to serve on the Task Force. Discussion ensued as to what the group was to focus on. Mayor Gunderson reminded Trustee Farenthold that this group was to suggest ideas for the Post Office Building and that the roofing project had to be completed before winter. Trustee Farenthold informed the Board that the committee would be meeting this Friday to begin their work. Trustee Farenthold informed the Board that he was happy to see that the Speed Bumps on Court Street seemed to have slowed down the traffic and were going their job. Trustee Farenthold also noted that the stripping for parking places has the public parking more efficiently. Trustee Zabriskie noted that he has had several complaints of the way the stripping was laid out; noting that driveway approaches and fire hydrant areas were improperly marked. Mr. Brooks pointed out to the Board that the paint was wearing off in a number of areas especially on Cherry Avenue. Mayor Gunderson remarked that he felt that was because the Contractor worked in the rain. Discussion followed on the handicap parking space at the Aurora Inn. Trustee Farenthold noted that the parking space blocked the ramp area in front of the Inn. Mayor Gunderson noted that the curb cut would make the area better accessible. Trustee Farenthold also questioned the placement of the handicap sign for that parking space saying that it was not very carefully located. Trustee Chase informed the Board that Village Maintenance Person, Adam Van Horn, had spoken with Sue Edinger of the Aurora Inn and placed the sign where she specified. Trustee Zabriskie questioned the need to stripe out parking spaces in front of the Firehouse Building. He noted that they were improperly done and not part of the project. Trustee Zabriskie questioned Trustee Farenthold for his waste of Taxpayers money on doing this work when the parking lot is scheduled to be repaved this year. Trustee Zabriskie and Mayor Gunderson also questioned Trustee Farenthold on the placement of the handicap parking space in front of the south overhead door on the Small Bay. They noted that the location was inappropriate as a car could block the door for exiting Emergency Equipment. Trustee Zabriskie also noted that the Paint Contractor would not stop this work at the Firehouse when he approached him and was even threatened with arrest by the Contractor. Trustee Chase also questioned the various widths of stripping done and the waste of taxpayer’s dollars. Trustee Zabriskie noted the poor planning by Trustee Farenthold to authorize work in an area not designated for painting. Trustee Zabriskie requested that the Paint Contractor present an itemized bill to the Village Board for discussion before payment is made on this project. Mayor Gunderson asked Trustee Farenthold to have the Task Force Group review Patrick Tavern, too. Trustee Zabriskie asked the Board if they would be interested in selling the building if the right type of offer came along. He noted that the sale would put the structure back onto the tax rolls. Ms. Brooks was asked to find any financial materials on Patrick Tavern Renovation so the Board could review what has been invested to date. Recreation, Parks & Public Safety - Ms Brooks reported for Trustee MacCormick that the Summer Swim Program is coming together very well and that the Merry Go Round Playhouse will be here on Friday, August 1, 2008 at the Wells College Boat House at 11:00 AM to perform The Emperor’s New Clothes. This is a free show. Streets & Public Safety - Trustee Chase remarked that most of his area was already reported in Buildings and Grounds by Trustee Farenthold, but added that sidewalk replacement would be done on the east side of State Route 90 from Shakelton Funeral Home north to the Beck property and on the west side of State Route 90 in front of Steve Zabriskie’s property. Trustee Chase said that Village Superintendent of Public Works, Kurt Wilmot, is working on bid information and talking with contractors. Trustee Zabriskie asked whether the Village should be placing signs on Court Street to warn traffic of the Speed Bumps to make them legal with NYS. Mayor Gunderson said that the signs were needed and would have Mr. Wilmot order the signs. Water & Sewer - Trustee Zabriskie report that the Water Tank on Sherwood Road is slated to be cleaned this year. Trustee Zabriskie said that Mr. Wilmot is working on bid material for divers to clean and inspect the tower. More information should be available at next month’s meeting. Trustee Zabriskie also noted that the Aurorafest Banner will be hung across State Route 90 at Glen Park and that a second Banner will be positioned on the “S” turn on the north end of the village. Mayor Gunderson also reported that he and Mr. Wilmot have met with Ryan Colvin of MRB to go over the proposed water line down across from the WWTP to the Potter/Congleton Property. Mr. Colvin has been asked to do a survey for this project with hopes that the work might be done in conjunction with the NYS DOT bridge repair work. Mayor Gunderson read letter of June 3, 2008 from Joel Ross of Riehlman, Shafer and Shafer who represent the property owners of 2451 and 2455 Sunset Beach asking the Village to provide water service to his clients. Community Preservation Panel - Minutes for the June 4, 2008 Meeting Planning Board - no report Zoning Board of Appeals - no report Zoning Officer - May 2008 Report Village Historian. - no report Old Business - Mayor Gunderson explained the findings of the Computel survey on the Time Warner Franchise Fee. Discussion followed on the options to pursue. Mayor Gunderson asked for approval of Option #3 where Time Warner pays the Village in full the fee owed from January 2000 through December 2007 the amount of $1,027.51 of which half will be paid by the Village to Computel for their work and the Village will not receive any future payments of “Fees on Fees”. Trustee Zabriskie moved the motion and Trustee Chase seconded. After further discussion, Mayor Gunderson called the question. Trustees Zabriskie, Chase and Mayor Gunderson voted in favor and Trustee Farenthold abstained as he felt that Time Warner wasn’t acting honorable to the users by paying their full share according to their profits from all the services they offer. Motion Carried 3:0:1. Discussion followed on the request by the Aurorafest to extend the time of the Noise Ordinance for the upcoming event. Mayor Gunderson noted that at last month’s meeting the Board expressed their concern for all Village residents and protecting their rights. Trustee Farenthold noted that the event this year was on the front lawn of Main Building at Wells College and didn’t feel that any harm would come from extending the time. Mayor Gunderson said that the issue was mute as the Board wasn’t able to pass a new law and have it approved by NYS in time for the event. New Business - Mayor Gunderson reviewed the Williamson Law Book Contracts for Software Support for the Payroll, Accounting and Water/Sewer Programs. Ms. Brooks noted that they were up 10% from last year’s figures. Trustee Chase moved acceptance of the three contacts; seconded by Trustee Farenthold. Motion Carried 4:0. Mayor Gunderson reviewed the May letters from the Town of Victory Supervisor Lucille Crane and Town of Sterling Supervisor Joan Kelly regarding their support of the Cayuga County Legislature to obtain Worker’s Compensation coverage with NYS Municipal Worker’s Compensation Alliance with Eastern Shore Associates. Mr. Fearon reviewed the various options with the Board. Trustee Zabriskie moved to have Mayor Gunderson compose a letter of support to Cayuga County Chairman Roger Mills. Seconded by Trustee Chase. Motion Carried 4:0. Mayor Gunderson reviewed the request by Todd Zwigard who is asking for DEC approval to install a Geothermal Lake Source Recovery System at 331 Main Street. The proposal shows the pipeline crossing onto the Village’s Pocket Park property and therefore requires an Easement from the Village to proceed. Discussion ensued as to the effect this project will have onto the sidewalk and area needed to grant the right of way. Trustee Zabriskie asked that the Easement decision by the Village be tabled until further information was received from Mr. Zwigard. Mayor Gunderson seconded the motion. Motion Carried 4:0. Trustee Zabriskie moved that the Village Board go into Executive Session to discuss potential Litigation at 9:15 PM. The motion was seconded by Trustee Farenthold. Motion Carried 4:0. Mr. Brooks, Mr. Fearon and Ms. Brooks left the meeting at this time. Motion to exit Executive Session by Trustee Zabriskie and seconded by Trustee Chase at 9:49 PM. Trustee Zabriskie motioned for adjournment at 9:50 PM. Seconded by Trustee Chase. Motion Carried 4:0. Respectfully Submitted, Deborah M. Brooks, Deputy Village Clerk

VILLAGE OF AURORA BOARD OF TRUSTEE’S MEETING

June 18, 2008

Held at the Aurora Firehouse Meeting Room

Present: Mayor Thomas Gunderson

Trustees - James Chase, Kenneth Zabriskie, & George Farenthold

Also Present: Legislator George Fearon

Village residents: David Brooks, Cynthia J. Koepp and John Place

Kathleen Walsh-Bowen & Michael Hrab Attorneys from the law firm of Scolaro, Shulman, Cohen, Fetter & Burstein, P.C.

Deborah Brooks, Deputy Village Clerk/Treasurer

Absent: Trustee Elisabeth MacCormick

Village Clerk Nancy Yann

The Mayor called the meeting to order at 7:30 PM. He led the room in the Pledge of Allegiance.

Trustee Farenthold informed those present that he was married to Lisa Marsh Ryerson, President of Wells College.

Mayor Gunderson asked for approval of the May 21, 2008 Public Hearing Minutes for the Re-adoption of the Comprehensive Plan and the adoption of Village Zoning Local Law No. 1 of 2008. Trustee Farenthold moved approval and Trustee Chase seconded. Mayor Gunderson asked for approval of the May 21, 2008 Regular Village Board Minutes. Trustee Farenthold moved approval and Trustee Chase seconded. Discussion - Trustee Farenthold asked that the Minutes show correction of spelling on page 3 that “Mr. Carl Whiffen’s” name was misspelled and asked that both documents be proof read again for other errors before going on the web page. Trustee Zabriskie noted on page 5 in the Section pertaining to Planning Board that in the 5th line down should be “recommended”; in line 7th should be “center of the Village”; in the 11th line “nay” should be “any” and in the 8th line “Trustee Chase suggested that”. Mayor Gunderson also noted on page 6 where appointments to committees were made that Sara Wells was appointed to a five year term replacing Grace Bates and that Janet Murphy was filling the un-expired term of Steve Taylor’s for one year. The Mayor asked that those corrections to be noted in the Minutes. He then called the vote. Unanimously approved with corrections. Motion Carried 4:0.

Changes to the Agenda - The Mayor added Time Warner Survey; Update on Potter/Congleton Water/Sewer issue south on Rte 90 to Old Business and Worker‘s Comp with Cayuga County and easement request from DEC for Zwigard‘s property be added to New Business. Trustee Zabriskie asked to have the Noise Ordinance and stripping of parking places to Village Streets added to Old Business.

Announcements - The Mayor informed the Board that they would address the Sterling letter pertaining to the Worker’s Comp issue later in the meeting.

Deputy Clerk Brooks informed the Board that the Cayuga County Association of Villages Dinner would be hosted by the Village of Fair Haven on Tuesday, June 24, 2008 at Pleasant Beach Hotel.

Visitor Recognition - Mayor Gunderson recognized CJ Koepp and John Place who live at 327 Main Street. Ms. Koepp read aloud from a prepared statement her “Timeline on the ‘Fences as Trees’ issue with the Holland’s” to those present. (An information packet handed out by Ms. Koepp to Village Board Members is attached to file copy of Minutes). Ms. Koepp’s timeline commenced from November 2007 through April 2008. In her statement Ms. Koepp referred to various zoning law processes that were not followed according to the Village Zoning Law by Code Enforcement Officer Doug Staley and the Village of Aurora Zoning Boards regarding the “temporary fence” issue at the Holland residence bordering the two properties. Ms. Koepp referenced a letter from Mr. Staley to the Holland’s Attorneys; Woods, Oviatt, Gilman LLP dated November 8, 2007. She noted that Mr. Staley who had issued a “Stop Work Order” on the Holland’s regarding the trees was still in effect until the Holland family had a ruling from the Community Preservation Panel and the Planning Board before planting could commence. She also noted the violation of the illegal fences installed by the Holland’s from last year and asked the Village Board have them removed. She further stated that Mr. Staley referenced the Easement and Right of Way regarding the Railroad Property and their right to lakefront property.

Ms. Koepp also referred to the first page of a letter dated November 8, 2007 from Village Attorney Andrew Fusco to their Attorney, Scott Chatfield, regarding the “temporary” fencing issues. Ms. Koepp emphasized the compromise of views due to the number and size of the trees and the two temporary fences. Ms. Koepp mentioned that the Holland’s had installed the dock and terrace without the proper 10’ set back and permits. Mayor Gunderson reminded Ms. Koepp and Mr. Place that the Holland’s that no one was aware of the deeds pertaining to the lakefront properties, at that time of installation of the dock and terrace therefore the Village issued permits based on the Local Law No.1 of 2002 [To Regulate Land and Provide for Historic Preservation] and the approval from the Army Corp of Engineers. Ms. Koepp complained that the Village Law was not being enforced and has been very costly for her and Mr. Place due to the Holland’s actions.

Mr. Place remarked that the Zwigard’s were unable to attend the meeting tonight as planned. Mr. Place informed the Board that the DEC had conducted an Archeological and Historical Study of the properties in the area and from that study they found that the open ditch was not appropriate for the Village as they were not used at the time the Webb House was built in the Village. Mr. Place said that the DEC has agreed to a 30” covered pipe with angle on the south border of their property and Holland’s. The DEC will need a 20” Easement using 10’ from each property.

Mayor Gunderson informed Mr. Place and Ms. Koepp that the Village Attorney, Andrew Fusco, had advised the Village Board at their May 2008 meeting that trees do not constitute fencing and the Local Law was not clear on this issue.

Ms. Koepp again complained that the Zoning Board of Appeals ruled that trees are fences and that the Community Preservation Panel had refused to handle this issue. Ms. Koepp also remarked that she had spoken with the Landscaper’s who delivered the trees for the Holland family and noted that pruning was needed to maintain height. Mayor Gunderson noted that neither the CPP nor the ZBA are able to dictate height regulations on trees as the Village Zoning law does not address this issue.

Trustee Farenthold asked the attorneys present if they represented the Holland family. They both answered that they did. Trustee Farenthold asked Ms. Bowen and Mr. Hrab if they would like to comment on the remarks made tonight. Mr. Hrab said that they that they were here for observation only. Mayor Gunderson stated that the Village would not get involved with a property owner’s dispute.

Mr. Place repeated the problems with the Holland dock and terrace area. Mr. Place demanded that the Village Board uphold their Zoning Law or future projects would be compromised due to the lack of action by the Village. Mr. Place held up a colored photo of the Zoning Law sign located at the south end of State Route 90 for the Village Board to view as he spoke. Mr. Place requested that the Village Board make the Holland family correct the problems with the setbacks for the dock and terrace.

Trustee Zabriskie asked that an Executive Session be added to the agenda at the end of the meeting to discuss pending litigation. The Members of the Village Board agreed with Trustee Zabriskie.

Trustee Farenthold asked Mr. Hrab to define the difference between “warranty deeds” and “quitclaim deeds”. Mr. Hrab emphasized that only a judge could make definitive judgment depending on the wording of the documents. Mr. Hrab noted that a recent survey done by the Holland Family of their property agrees with the tax map documents already in use. A discussion of the Railroad Right of Way ensued.

Mr. Place and Ms. Koepp again stated that this has cost then “tens of thousands of dollars” complying with the Zoning Law themselves and could not understand why the Holland’s were not held to do the same.

Mayor Gunderson said that this was a black mark on their watch and was sorry the situation had occurred. He thanked Ms. Koepp, Mr. Place Ms. Bowen and Mr. Hrab for attending the meeting. (Ms. Koepp, Mr. Place, Ms. Bowen & Mr. Hrab left the meeting).

Treasurer’s Reports - Ms. Brooks reported that she found General Fund had a year end increase of 5.76% in revenues when compared to 2007 figures. Water Fund was .896% short from 2007 and Sewer Fund was 7.445% short from 2007 due to increases in utility costs. Over all the three funds remain in good shape, but further reflection could not be had until the books are official closed for the year. Ms. Brooks also noted that the following budgeted revenues came in higher than expected: Sales Tax 16.78%; Gross Utilities 18%; Cable TV Franchise 21% and Mortgage Tax 39%. Ms. Brooks noted that there were no monthly reports for June as the 2007-2008 books have not been closed down yet.

The Mayor noted the Year End Budget Modifications as follows:

GENERAL FUND-

$1,517.93 from A1410.41 - Clerk/Treasurer - Computer/Copier

1,131.40 A1410.12 - Treasurer - Personal Services

248.20 A1620.2 - Buildings - Equipment/Capital

132.62 A1620.44 - Buildings - Electricity

176.98 A1410.2 - Clerk/Treasurer - Equipment

18.00 to A1410.4 - Clerk/Treasurer- Contractual

2,802.81 A1410.1 - clerk/ treasurer- Personal Services

5.50 A1410.43 - clerk/ treasurer - Postage

248.20 A1620.1 - Buildings - Personal Services

132.62 A1620.43 - Buildings - Janitorial Services

Total $3,207.13

Trustee Farenthold moved approval of the General Fund Year End Budget Modifications. Seconded by Trustee Chase. Motion Carried 4:0.

WATER FUND -

$598.40 from F8340.4 - Transmission & Distribution - Contractual

41.61 F9060.8 - Hospital & Medical Insurance

598.40 to F8340.1 -Transmission & Distribution - Personal Services

41.61 F9030.8 - Social Security

Total $640.01

Trustee Zabriskie moved approval of the Water Fund Year End Budget Modifications. Seconded by Trustee Farenthold. Motion Carried 4:0.

Sewer fund-

$571.30 from G8130.47 - Sewage Treatment - Equipment Repairs

1,534.20 G8130.2 - Sewage Treatment - Equipment

159.03 G8120.2 - Sanitary Sewers - Equipment

1,447.78 to G8130.1 - Sewer Treatment - Personal Services

6.03 G8130.4 - Sewer Treatment - Misc Contractual

80.39 G8130.45 - Sewer Treatment - Chemicals

571.30 G8130.47 - Sewer Treatment - Sludge

159.03 G9030.8 - Social Security

Total $ 2,264.53

Trustee Zabriskie moved approval of the Sewer Fund Year End Budget Modifications. Seconded by Trustee Farenthold. Carried 4:0.

The Mayor presented the bills for payment on Abstract # 1:

General Fund voucher #s 1, 3, 5, 7-11, & 15-28 in the amount of $10,346.09. Trustee Chase moved payment of General Fund bills, seconded by Trustee Farenthold. The Board unanimously approved payment of the General Fund bills. Motion Carried 4:0.

Water Fund voucher #s 4, 9, 10, 13, 20, 23, & 24 in the amount of $2,116.30. Trustee Zabriskie moved payment of Water Fund bills; seconded by Trustee Farenthold. The Board unanimously approved payment of the Water Fund bills. Motion Carried 4:0.

Sewer Fund voucher #s 2, 4, 6, 9, 10, 12, 14, 18, 19, 23, 24, & 27 in the amount of $6,273.58. Trustee Zabriskie moved payment of Sewer Fund bills with a second by Trustee Chase. The Board unanimously approved payment of the Sewer Fund bills. Motion Carried 4:0

Committee Reports:

Buildings and Grounds - Trustee Farenthold reported that Senator Schumer issued a press release last evening announcing that the new truck traffic regulations were on pace. Trustee Farenthold also presented names for the Village Task Force. Trustee Zabriskie and Mayor Gunderson reminded Trustee Farenthold that two or more members from the various Village Boards would be considered a quorum and therefore public notice would be required of all meetings according to NYS law. Trustee Farenthold explained that his list was of potential recruits and didn’t expect that all would be available to serve on the Task Force. Discussion ensued as to what the group was to focus on. Mayor Gunderson reminded Trustee Farenthold that this group was to suggest ideas for the Post Office Building and that the roofing project had to be completed before winter. Trustee Farenthold informed the Board that the committee would be meeting this Friday to begin their work.

Trustee Farenthold informed the Board that he was happy to see that the Speed Bumps on Court Street seemed to have slowed down the traffic and were going their job. Trustee Farenthold also noted that the stripping for parking places has the public parking more efficiently. Trustee Zabriskie noted that he has had several complaints of the way the stripping was laid out; noting that driveway approaches and fire hydrant areas were improperly marked. Mr. Brooks pointed out to the Board that the paint was wearing off in a number of areas especially on Cherry Avenue. Mayor Gunderson remarked that he felt that was because the Contractor worked in the rain. Discussion followed on the handicap parking space at the Aurora Inn. Trustee Farenthold noted that the parking space blocked the ramp area in front of the Inn. Mayor Gunderson noted that the curb cut would make the area better accessible. Trustee Farenthold also questioned the placement of the handicap sign for that parking space saying that it was not very carefully located. Trustee Chase informed the Board that Village Maintenance Person, Adam Van Horn, had spoken with Sue Edinger of the Aurora Inn and placed the sign where she specified. Trustee Zabriskie questioned the need to stripe out parking spaces in front of the Firehouse Building. He noted that they were improperly done and not part of the project. Trustee Zabriskie questioned Trustee Farenthold for his waste of Taxpayers money on doing this work when the parking lot is scheduled to be repaved this year. Trustee Zabriskie and Mayor Gunderson also questioned Trustee Farenthold on the placement of the handicap parking space in front of the south overhead door on the Small Bay. They noted that the location was inappropriate as a car could block the door for exiting Emergency Equipment. Trustee Zabriskie also noted that the Paint Contractor would not stop this work at the Firehouse when he approached him and was even threatened with arrest by the Contractor. Trustee Chase also questioned the various widths of stripping done and the waste of taxpayer’s dollars. Trustee Zabriskie noted the poor planning by Trustee Farenthold to authorize work in an area not designated for painting. Trustee Zabriskie requested that the Paint Contractor present an itemized bill to the Village Board for discussion before payment is made on this project.

Mayor Gunderson asked Trustee Farenthold to have the Task Force Group review Patrick Tavern, too. Trustee Zabriskie asked the Board if they would be interested in selling the building if the right type of offer came along. He noted that the sale would put the structure back onto the tax rolls. Ms. Brooks was asked to find any financial materials on Patrick Tavern Renovation so the Board could review what has been invested to date.

Recreation, Parks & Public Safety - Ms Brooks reported for Trustee MacCormick that the Summer Swim Program is coming together very well and that the Merry Go Round Playhouse will be here on Friday, August 1, 2008 at the Wells College Boat House at 11:00 AM to perform The Emperor’s New Clothes. This is a free show.

Streets & Public Safety - Trustee Chase remarked that most of his area was already reported in Buildings and Grounds by Trustee Farenthold, but added that sidewalk replacement would be done on the east side of State Route 90 from Shakelton Funeral Home north to the Beck property and on the west side of State Route 90 in front of Steve Zabriskie’s property. Trustee Chase said that Village Superintendent of Public Works, Kurt Wilmot, is working on bid information and talking with contractors. Trustee Zabriskie asked whether the Village should be placing signs on Court Street to warn traffic of the Speed Bumps to make them legal with NYS. Mayor Gunderson said that the signs were needed and would have Mr. Wilmot order the signs.

Water & Sewer - Trustee Zabriskie report that the Water Tank on Sherwood Road is slated to be cleaned this year. Trustee Zabriskie said that Mr. Wilmot is working on bid material for divers to clean and inspect the tower. More information should be available at next month’s meeting.

Trustee Zabriskie also noted that the Aurorafest Banner will be hung across State Route 90 at Glen Park and that a second Banner will be positioned on the “S” turn on the north end of the village.

Mayor Gunderson also reported that he and Mr. Wilmot have met with Ryan Colvin of MRB to go over the proposed water line down across from the WWTP to the Potter/Congleton Property. Mr. Colvin has been asked to do a survey for this project with hopes that the work might be done in conjunction with the NYS DOT bridge repair work. Mayor Gunderson read letter of June 3, 2008 from Joel Ross of Riehlman, Shafer and Shafer who represent the property owners of 2451 and 2455 Sunset Beach asking the Village to provide water service to his clients.

Community Preservation Panel - Minutes for the June 4, 2008 Meeting

Planning Board - no report

Zoning Board of Appeals - no report

Zoning Officer - May 2008 Report

Village Historian. - no report

Old Business - Mayor Gunderson explained the findings of the Computel survey on the Time Warner Franchise Fee. Discussion followed on the options to pursue. Mayor Gunderson asked for approval of Option #3 where Time Warner pays the Village in full the fee owed from January 2000 through December 2007 the amount of $1,027.51 of which half will be paid by the Village to Computel for their work and the Village will not receive any future payments of “Fees on Fees”. Trustee Zabriskie moved the motion and Trustee Chase seconded. After further discussion, Mayor Gunderson called the question. Trustees Zabriskie, Chase and Mayor Gunderson voted in favor and Trustee Farenthold abstained as he felt that Time Warner wasn’t acting honorable to the users by paying their full share according to their profits from all the services they offer. Motion Carried 3:0:1.

Discussion followed on the request by the Aurorafest to extend the time of the Noise Ordinance for the upcoming event. Mayor Gunderson noted that at last month’s meeting the Board expressed their concern for all Village residents and protecting their rights. Trustee Farenthold noted that the event this year was on the front lawn of Main Building at Wells College and didn’t feel that any harm would come from extending the time. Mayor Gunderson said that the issue was mute as the Board wasn’t able to pass a new law and have it approved by NYS in time for the event.

New Business - Mayor Gunderson reviewed the Williamson Law Book Contracts for Software Support for the Payroll, Accounting and Water/Sewer Programs. Ms. Brooks noted that they were up 10% from last year’s figures. Trustee Chase moved acceptance of the three contacts; seconded by Trustee Farenthold. Motion Carried 4:0.

Mayor Gunderson reviewed the May letters from the Town of Victory Supervisor Lucille Crane and Town of Sterling Supervisor Joan Kelly regarding their support of the Cayuga County Legislature to obtain Worker’s Compensation coverage with NYS Municipal Worker’s Compensation Alliance with Eastern Shore Associates. Mr. Fearon reviewed the various options with the Board. Trustee Zabriskie moved to have Mayor Gunderson compose a letter of support to Cayuga County Chairman Roger Mills. Seconded by Trustee Chase. Motion Carried 4:0.

Mayor Gunderson reviewed the request by Todd Zwigard who is asking for DEC approval to install a Geothermal Lake Source Recovery System at 331 Main Street. The proposal shows the pipeline crossing onto the Village’s Pocket Park property and therefore requires an Easement from the Village to proceed. Discussion ensued as to the effect this project will have onto the sidewalk and area needed to grant the right of way. Trustee Zabriskie asked that the Easement decision by the Village be tabled until further information was received from Mr. Zwigard. Mayor Gunderson seconded the motion. Motion Carried 4:0.

Trustee Zabriskie moved that the Village Board go into Executive Session to discuss potential Litigation at 9:15 PM. The motion was seconded by Trustee Farenthold. Motion Carried 4:0. Mr. Brooks, Mr. Fearon and Ms. Brooks left the meeting at this time.

Motion to exit Executive Session by Trustee Zabriskie and seconded by Trustee Chase at 9:49 PM.

Trustee Zabriskie motioned for adjournment at 9:50 PM. Seconded by Trustee Chase. Motion Carried 4:0.

Respectfully Submitted,

Deborah M. Brooks, Deputy Village Clerk

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