VILLAGE OF AURORA BOARD OF TRUSTEES
MINUTES OF THE REGULAR MEETING
MARCH 21, 2007
The Regular Meeting of the Board of Trustees of the Village of Aurora, New York was called to order in the Firehouse Meeting Room at 7:20 PM on March 21, 2007 with Mayor Gunderson presiding.
PRESENT: Mayor Tom Gunderson, Trustees Jim Chase, George Farenthold, Janet Murphy, and Ken Zabriskie.
ALSO PRESENT: Dick Bradley, ACN Rep. (7:10 PM), David Brooks, Debbie Brooks, Melinda Kostreva (Treasurer), and Nancy Yann (Clerk).
PLEDGE OF ALLEGIANCE
REMINDER
Trustee Farenthold reminded those in attendance that he is married to Lisa Marsh Ryerson, President of Wells College.
APPROVAL OF MINUTES:
Trustee Farenthold moved approval of the February 21, 2007 Public Hearing Minutes with corrections noted. Seconded by Trustee Zabriskie, motion carried 5:0.
Trustee Chase moved approval of the February 21, 2007 Regular Meeting Minutes with corrections noted. Seconded by Trustee Farenthold, motion carried 5:0.
CHANGES TO THE AGENDA:
Mayor Gunderson announced that there would be no action taken on the Unsafe Buildings Law. He has faxed the Village Attorney questions and suggestions from the Planning Board. A Flood Plain Resolution needs to be passed by August 2, 2007. This will be sent to the Planning Board for their review and changes. Flood Plain maps will need to be reviewed as well. There will be a resolution for the Nice-n-Easy Shoppe in Union Springs. Trustee Farenthold mentioned that he had several items to be added to the Agenda. The Clerk stated that these items were listed on the Updated Agenda.
MAYOR'S ANNOUNCEMENTS:
Mayor Gunderson announced that the Clerk had given a copy of a Notice from the US Bankruptcy Court to alert the Board that Trinsic, Inc. had filed bankruptcy. The Board asked why they should be concerned. The Clerk and Treasurer both stated this would reflect a loss of revenue in the Franchise fees. Please see attached letter.
Mayor Gunderson reported that the Village had received a letter from Computel Consultants regarding an update of the Time Warner Franchise fee underpayments to the Village of Aurora. Please see attached letter.
Mayor Gunderson reported that the Village had received a letter from Time Warner Cable stating that they have added new and enhanced services to the cable television system providing residents and customers the best value in home entertainment. Due to these increases in operational as well as programming costs effective with billing statements for service beginning April 1, the rates will be raised slightly. Please see attached letter.
Mayor Gunderson reported that he had received a letter from Paul Senk, USPS Real Estate Manager, dated march 9, 2007. This letter was in regards to the moving of the Post Office facility from its current location to the Heary Building next door. Please see attached letter.
CLERK'S ANNOUNCEMENTS:
The Clerk reported that the Village had received a letter from James Boeff, Proprietor, Wells College Golf Course stating his intentions to serve beer during the 2007 golf season. Please see attached letter.
The Clerk reported that WPS Energy Services has merged with Peoples Energy and is now called INTEGRYS Energy Services. Please see attached letter.
The Clerk reported that she had received a letter dated March 2, 2007 from MRB Group regarding the organizational change at MRB Group, Engineering, Architecture, and Surveying P.C. Please see attached letter.
The Clerk announced that the Village Association meeting and dinner would be held at the Sunset Restaurant on Wednesday, March 28 with guest speaker Wayne Allen, Cayuga County Manager. She asked members of the Board to let her know before leaving if they planned to attend.
VISITOR RECOGNITIONN:
Mayor Gunderson welcomed Dick Bradley, Independent Representative for ACN. ACN stands for American Communication Network. Mr. Bradley stated that this company not only deals with local and long distance phone calling, it has now begun dealing with cellular Services with all major providers, such as Verizon, Cingular, T-Mobile, Sprint, Nextel and many more. Available are the following: local & long distance, digital phone service, videophones and DSL service. Mr. Bradley had asked the Clerk how much the Village was paying for their phone service. The Clerk has shared the current cost for the past several months to see if the Village could save with ACN. Mr. Bradley stated that he was positive that he could save the Village money. He also reported on the VOIP service. This is Voice Over Internet Protocol. This will allow for training in one area to be seen by a group in another area. Mr. Bradley also stated that anyone using this service could discontinue whenever they wanted, there is no lock-in time. You can get out anytime. Please see attached materials.
TREASURER'S REPORTS:
A.Monthly Reports:
Village Treasurer, Melinda Kostreva went over the Monthly reports for February 2007 stating that revenues were above and expenses were below which is good. The Village Board accepted the January 2007 Monthly Reports.
B.Budget Modifications
Ms. Kostreva stated that she neglected to do the Budget Modifications due to a lack of time. She will have these for next month’s meeting.
C.Approval of Bills:
Trustee Farenthold moved approval of bills in the General Fund for claims #329 to #361 for $28,768.86. Motion was seconded by Trustee Murphy. There was a question pertaining to Voucher 342 to Phil Murphy. Who authorized the plowing of the parking lot at the Firehouse? The Clerk responded that she had asked Mr. Wilmot if he had approved this. Mr. Wilmot stated that he had asked Kevin Murphy to plow the parking area, as the Village was too short-handed at the time of this storm. It was agreed that this voucher was okay to pay. Trustee Chase wanted to talk to the Board about a bill that had come to the Village Clerk’s office pertaining to the shoveling out of fire hydrants from the Fire Commissioners for $130.00. Trustee Chase stated that he was not in favor of paying this bill. No protocol was followed and this would set a president if paid. Fire Commissioner John Miller hired his son to shovel 13 fire hydrants at $10.00 each. Mayor Gunderson stated that the Village was responsible for hiring workers. This was not something that the Commissioners had a right to do and charge back to the Village. The Village has specific requirements for hiring all employees. There is no written law or policy regarding this issue. Mayor Gunderson stated that he hoped that property owners would be responsible to keep the hydrants clear of snow and debris. Mr. Wilmot and Mr. Van Horn will eventually get to this, however, there are more pressing issues at hand and this is not something that can always be immediately done. Mayor Gunderson and Trustee Chase will install flags to help locate fire hydrants when there is a large snowfall. Mayor Gunderson stated that he was concerned how this was handled by Mr. Miller. Trustee Farenthold asked if the Board could approve paying this bill with no precedent being made. Trustee Zabriskie was not in favor of this. He reminded the Board that the Boy Scouts used to take care of this. There is no Boy Scout Troop in the area anymore. Mr. Miller hired his son after he approached Mayor Gunderson stating that he would like to pay $5.00 per hydrant. Mayor Gunderson responded that it was the responsibility of the Village to hire someone. Trustee Murphy asked if the Village could use an “Adopt A Fire Hydrant” policy. Trustee Chase stated that there needed to be some kind of policy in place. Mayor Gunderson stated that the Village could not have others making decisions about matters that the Village Board was responsible to handle. Fire Commissioner Ken Kabelac said that this discussion was worth the $130.00. Trustee Zabriskie stated that this was a good wakeup call to the Village Board. The Board has been made aware of the issue at hand and will be more alert in the future. The Board decided that this bill would not be paid due to the lack of respect for the process and the unwillingness to listen the suggestions made to Mr. Miller. The motion to pay the bills in the General Fund carried 5:0.
Trustee Zabriskie moved approval of bills in the Water Fund for claims #329 to #361 for $2,998.81. Seconded by Trustee Murphy, motion carried 5:0.
Trustee Zabriskie moved approval of bills in the Sewer Fund for claims #329 to #361 for $9,368.93. Seconded by Trustee Chase, motion carried 5:0.
COMMITTEE AND BOARD REPORTS:
A.Building and Grounds
Trustee Farenthold reported that he had gone to Congressman Michael A. Arcuri with a concern he has with regards to the possible move of the Postal Office in the Village of Aurora. Please see attached letter.
Trustee Farenthold reported that he had talked with Mary Ann Fessenden about helping with the plantings at the firehouse at the request of Commissioner John Miller. Ms. Fessenden has agreed as to act as an uncompensated consultant to help with the following Village owned properties: 1) Firehouse, 2) Court Street Park, and 3) three “Pocket” Park Bench areas located at the right-of-ways to the lake.
Trustee Farenthold reported that he and Trustee Chase had done a “walk-through” with regards to the parking on Main Street and Cherry Avenue. There is crowding at the intersections where they would like to see the parking move further up the street. Mid-village is dangerous and most hazardous due to the lack of space on the east side of Route 90. Parking is an issue from “Dories” through the center of town. Trustee Farenthold talked about making changes to the parking lot. Mayor Gunderson stated that this was the responsibility of Wells College since they owned this particular piece of property. Trustee Chase commented that he felt that the part of the problem was when the Foundation moved the curb cut out four feet to the east creating poor visibility when exiting and the parking lot went from a two lane, egress and ingress to a one car lane. He would like to see the curb cut put back to what they were. Trustee Chase and Mayor Gunderson also agreed that they should wait until the plans come in to see what and how changes need to be made.
Trustee Farenthold reported that there would be an Upstate Citizens Safety Task Force meeting tomorrow at the Office of the Mayor of Skaneateles at 1 PM.
Trustee Farenthold reported that there had been a water leak in the men’s restroom at the firehouse, which has caused some damage to the ceiling. Some water had also leaked in the women’s restroom. Apparently, water could not flow down the frozen drains and went over the flashings into the area above the ceiling. As a result, the ceiling will need to be repaired.
Trustee Farenthold reported that the firemen were a bit angry that they did not have keys to the thermostat locks. Trustee Farenthold asked to give keys to the firemen so that when they were in the Dispatch Room, they could control the heat. Trustee Zabriskie will talk to Mr. Wilmot.
B.Recreation, Parks, and Public Events:
There was nothing to report.
C.Streets and Public Safety:
Trustee Chase had nothing to report.
D.Water and Sewer:
Trustee Zabriskie had nothing to report.
E.Community Preservation:
The Board accepted the Minutes of the CPP meetings for February 7, 2007 and March 7, 2007.
F.Planning Board:
There was no report.
Zoning Board of Appeals:
There was nothing to report.
H.Zoning Officer:
The Board accepted the Zoning Officer’s Reports for January 2007 and February 2007.
Historian:
There was nothing to report.
OLD BUSINESS:
The Board discussed proposed Local Laws No. 1 of 2007 – a Local Law Providing For The Administration And Enforcement Of The New York State Fire Prevention And Building Code and Local Law No. 2 of 2007 – Unsafe Buildings. Mayor Gunderson noted that the Village Attorney, Mr. Fusco has been going over the changes that were sent to him. Trustee Zabriskie talked about having Definitions include Commercial and Industrial Buildings. Other areas of concern were Section 8 – Filing of Notice where Trustee Zabriskie asked to have it read Filed in both the Office of the Village Clerk and the County Clerk. Section 6 - Stop Work Orders needs to be clearer in regards to the time frame. Under Contents of Notice – it should state that the property owner is responsible for repairs and notice. It was noted that the Village Comprehensive Plan is been in the hands of the B=Village Board for over two years. Mayor Gunderson stated that the Village Attorney has had it and has now turned it over to Dave Miller for his thoughts and suggestions. There is still one area that needs work - the Community Preservation Panel Appeals Process. Trustee Zabriskie would like to know what the duties of the Code Enforcement Officer are. He suggested that under number 1 or Local Law #1 Issuing Building Permits, the wording should state with approval of the Planning Board, Community Preservation Panel, and Zoning Board of Appeals. It seems that the Village Zoning Law is in conflict with the NYS Fire Prevention & Building Code Law. Under Section 4, Permits Required, the board would like to have it read sign by both the Building Inspector and by the appointed Village Trustee. Under Section 3 0 Record Keeping – it states that the Code Enforcement Officer keeps all records. The Board would like to have it read - with complete copies on file in the Village Clerk’s office. All copies shall be duplicated and a copy filed with Village Clerk. Mr. Kabelac asked about #3 Operating Permits – are they annual? Yes, one year. It was noted that the duration of operating a permit should not exceed 1 year for any case. The next concern was the Authority of Issue: Stop Work Orders, Building Permits, and Order’s to Remedy. At this time, Doug Staley, Life Safety Consultants Building Inspector, and Trustee Chase sign these. It was also noted that Historic Preservation trumps the State and Federal Law. Local is what the Village wants to do. There was no vote taken at tonight’s meeting.
Trustee Zabriskie moved the following Resolution for the Salt Storage Shed:
Resolution No. 2007-01
March 21, 2007
Salt Storage Shed
WHEREAS, the Village of Aurora and the business entity commonly known as Wells College wish to enter into a joint venture agreement to evenly share in the planning, building, using, funding, and maintaining of a Salt Storage Shed at the premises commonly known as the Village of Aurora Waste Water Treatment Plant.
THEREFORE, upon the Motion of Trustee Zabriskie and the second of Trustee Murphy, be it resolved:
That the Village of Aurora is hereby authorized to enter into a joint agreement with Wells College for the purposes of the following venture: a Salt Storage Shed on the grounds of the Aurora Waste Water Treatment Plant, including evenly shared planning, building, using, funding and maintaining of the said Salt Storage Shed.
Motion Carried 3:0:2 as called:
Mayor Gunderson Abstains
Trustee ChaseAbstains
Trustee Farenthold Aye
Trustee Murphy Aye
Trusee ZabriskieAye
DATED: MARCH 21, 2007
There was a short discussion on the proposed 2007-8 Budget. Trustee Zabriskie moved to accept the proposed Budget as submitted. Seconded by Trustee Farenthold. Motion carried 5:0.
The Clerk asked to have the Board adopt the Rules and Use Policy for the Firehouse. The Board stated that the building could only be used by Non-profit organizations and that the Firehouse could not hold private affairs. Trustee Zabriskie moved approval and acceptance of the Firehouse Rules and Use Policy. Seconded by Trustee Farenthold. Motion carried 5:0.
The Clerk reported that the Village of Aurora had been asked to adopt a resolution in support of the rebuilding of the Nice-N-Easy Grocery Shoppe Convenience Store in the Village of Union Springs. The following was moved:
Resolution No. 2007-02
A RESOLUTION TO SUPPORT THE REBUILDING OF THE NICE-N-EASY GROCERY SHOPPE CONVENIENCE STORE IN THE VILLAGE OF UNION SPRINGS
March 21, 2007
WHEREAS, the Village of Aurora finds and declares that the public benefitted from easy access to basic household supplies, food and fuel provided by the Nice-N-Easy Grocery Shoppe Convenience Store in Union Springs; and
Whereas, the Nice-N-Easy Grocery Shoppe Convenience stores observe all New York State Law and ccllected and remitted all state and local taxes, and
Whereas, the Nice-N-Easy Grocery Shoppe in the Village of Union Springs was employing several area residents before the fire; and
Whereas, the store building in the Village of Union Springs was destroyed by fire on February 12, 2007, it is,
THEREFORE RESOLVED, that the Village of Aurora requests and encourages the Nice-N-Easy Grocery Shoppe Convenience Store Company to rebuild the business location in the Village of Union Springs at the earliest possible time so as to continue the numerous advantages provided by its operation to the local populace.
The above Resolution of Support was adopted at a Regular Villlage of Aurora Board of Trustees Meeting on March 21, 2007 on Motion by Trustee Zabriskie seconded by Trustee Farenthold and carried 5:0 as called:
Mayor Gunderson Aye
Trustee ChaseAye
Trustee Farenthold Aye
Trustee Murphy Aye
Trusee ZabriskieAye
DATED: MARCH 21, 2007
NEW BUSINESS:
Mayor Gunderson reported that he had received a letter from Alan Connors, chair of the 2007 Aurorafest. Mr. Connors was looking to secure funding for this year’s festivities. The theme this year will be “How Lucky Can You Get”. The majority of the activities will be held at the AA Field at Wells College. The Committee is planning to have fireworks this year, so this is where the money from the Village will be spent. (Please see attached letter.)
Mayor Gunderson reported that the Village would have to purchase a new copier. The Clerk has supplied three proposals from three companies: 1) Toshiba Business Solutions, 2) Usherwood Office Technology and 3) CMS Imaging Solutions. The Clerk asked the Board members to take a look at the three proposals and come back next month with their thoughts on which copier would work best for the Village.
The Clerk asked if the Board was planning on moving their meeting next month due to members being out of town for the regularly scheduled meeting. Mayor Gunderson asked the Clerk to make sure that the Zoning Board of Appeals could change meeting dates. If the ZBA is willing to change, the date for the next Board of Trustees meeting will be Wednesday, April 25 at 7 PM for the Annual Organizational Meeting and the Regular Meeting to immediately follow.
With no further business to discuss, Mayor Gunderson asked a motion to adjourn.
ADJOURNMENT:
Trustee Farenthold moved adjournment at 9:55 PM. Seconded by Trustee Murphy, motion carried 5:0.
Respectfully submitted,
Nancy M. Yann
Village Clerk