VILLAGE OF AURORA BOARD OF TRUSTEE’S MEETING
October 15, 2008
Held at the Aurora Firehouse Meeting Room
Present: Mayor Thomas Gunderson
Trustees - James Chase, Elisabeth MacCormick & George Farenthold
Also Present:
Legislator George Fearon
Thomas Prystal, Jr., Deputy Commissioner, Cayuga County Board
of Elections
Village residents: David Brooks, Laura Holland, Jay O’Hearn
& Janet Murphy
Kathleen Walsh-Bowen, Attorney from the law firm of Scolaro,
Shulman, Cohen, Fetter & Burstein, P.C.
Shelia Edmunds, Village Historian
Kurt Wilmot, Superintendent of Public Works
Deborah Brooks, Deputy Village Clerk/Treasurer
Absent: Village Clerk Nancy Yann
The Mayor called the meeting to order at 7:38 PM then led the room in the Pledge of Allegiance.
Trustee Farenthold informed those present that he is married to Lisa Marsh Ryerson, President of Wells College.
Mayor Gunderson asked for approval of the September 17, 2008 Minutes. Trustee Farenthold moved approval and Trustee MacCormick seconded. Discussion - Trustee MacCormick noted she found a few corrections of spelling and would get with Ms. Brooks later to review them. The Mayor asked that those corrections be noted in the Minutes. He then called the vote. Unanimously approved with corrections. Motion Carried 4:0.
Changes to the Agenda - Mayor Gunderson announced that he is appointing Janet Murphy as Trustee to fill the vacancy left by the resignation of Ken Zabriskie. The Mayor noted that the term Janet was the second highest vote getter in the last general election and her appointed term of office would commence today and run through March 31, 2009 with a Special Election to be held in March 2009 to fill the remaining one year of Ken Zabriskie’s term. Mayor Gunderson commented that Mrs. Murphy was “well seasoned” as she held the position of Trustee for a full term until March 31, 2008 and would do a good job.
Mayor Gunderson also appointed Trustee James Chase as Deputy Mayor.
Announcements - The Mayor reviewed with the Board the Eastern Shore Associates Proposed NYS Municipal Worker’s Compensation Alliance Program with Cayuga County for the term of January 1, 2009 to January 1, 2010. The Mayor noted a savings with this new program at a cost of $7,007.97 this year compared to the 2008 rate of $7,972.00.
Mayor Gunderson also noted having received today a letter from NYS DEC discussing money available for projects which he will review later to see if the Village qualifies for any money.
Deputy Clerk Brooks informed the Board that the Cayuga County Association of Villages Dinner would be held at The Sunset Restaurant in Auburn. Due to the unexpected illness of the Clerk, Ms. Brooks wasn’t able to give out any further information on this meeting. Mr. Fearon added that he thought the meeting was on Tuesday, October 28, 2008.
Ms. Brooks will email the Board with more particulars and get reservations.
Ms. Brooks also asked for permission of the Board to prepay credit card charges prior to Board meetings, so as to avoid penalty charges. Trustee Farenthold moved approval to do prepayment of credit cards; seconded by Trustee MacCormick. Motion Carried 5:0.
Visitor Recognition - Mayor Gunderson welcomed Mr. Prystal from the Cayuga County Board of Elections to the meeting. Mr. Prystal demonstrated the new Image Scanner Election Machine which will be used for Election Day on November 4, 2008 by those who are physically challenged. Mr. Prystal noted that all voters would be using the new machine in 2009. Mr. Prystal informed the room that these machines can process 3,500 paper ballots at a time and would only need to have one machine to do both Voting Districts in the Town of Ledyard. Mr. O’Hearn asked what would happen to the paper ballot after the machine read the markings. Mr. Prystal answered that the ballots would fall into a bin inside the machine and would be used later if there was the need to do a recount of votes. Mr. Prystal informed those present that the machines run on electricity, but have a two (2) hour battery backup if a power failure should occur. Mayor Gunderson asked how long a life span these machines have. Mr. Prystal responded that these machines have been in use across the country for sometime now, but he did not know that a life figure had been assigned to the machines. Mr. Fearon noted that the voting process should be quicker when using the machine, but the consumption of time would be filling in the paper ballots. The Board thanked Mr. Prystal for his presentation.
Treasurer’s Reports - Ms. Brooks reported that she has filed the NYS Annual Update Report and had no monthly reports until after she met with Ms. Kostreva Thursday evening to do the computer year end closings.
Mayor Gunderson presented the Budget Modifications to the Board. He explained that there was a bill from MRB Group regarding their engineering services for the Water Project for the South State Route 90 Project. He informed the Board that he would like to use the $3,000.00 from General Fund A1440.4 Engineering - Contractual. The total bill is for $3,008.20.
General Fund:
$8.20 FROM A1990.4 - Contingency Account
TO A1440.4 - Engineering Contractual
He further noted that transfers were needed of:
$280.33 FROM A7310.4 - Youth Program - Contractual
TO A7310.2 - Youth Program – Equipment
$14,500.00FROM A9962.2 – Budgetary Provision for Other Uses
TO A1620.2 – Buildings – Equipment/Capital Layout
This transfer would cover the cost for the new roof at the Post office Building.
Trustee Chase moved approval of the Budget Modification; seconded by Trustee Farenthold. Motion Carried 5:0.
The Mayor presented the bills for payment on Abstract # 5:
General Fund voucher #s 143, 146, 148-151, 155, 156, 158, 161, 162, 164-168 in the amount of $22,048.10. Trustee Chase moved payment of General Fund bills, seconded by Trustee MacCormick. The Board unanimously approved payment of the General Fund bills. Motion Carried 5:0.
Water Fund voucher #s 150-152, 160, 162, & 166 in the amount of $2,403.31. Trustee MacCormick moved payment of Water Fund bills seconded by Trustee Farenthold . The Board unanimously approved payment of the Water Fund bills. Motion Carried 5:0.
Sewer Fund voucher #s 144, 145, 147, 149, 151-154, 158, 159, 162, 163, & 169 in the amount of $5,241.56. Trustee Farenthold moved payment of Sewer Fund bills with a second by Trustee Chase. The Board unanimously approved payment of the Sewer Fund bills. Motion Carried 5:0
Committee Reports:
Buildings and Grounds - Trustee Farenthold reported that he had posted in the kiosk the results of the September 29, 2008 meeting regarding the Truck Traffic Safety Task Force
recent legislation. He noted that the Motor Transportation Association would probably file a law suit and offered thanks to those who wrote letters to our local representatives.
Trustee Farenthold asked Mr. Wilmot as to the progress of acquiring the State Historical Marker for the Roswell Franklin Home. Mr. Wilmot responded that the marker had just come in and that he would have to repaint a minor spelling error before installing it.
Trustee Chase noted the new Historical Marker in front of Claire Morehouses’ house denoting the Sequoia Tree that once stood in her front yard. (Mr. Prystal left at 8 PM).
Trustee Farenthold again asked to change the “Stop” sign at the corner of Lafayette and Court Streets with a “Yield” sign as the current sign is faded. Mr. Brooks remarked that the “Stop Sign” does it job of slowing down the traffic and that a “Yield Sign” allows for people to drive through the intersection without stopping to check on traffic. Trustee Chase agreed with Mr. Brooks. Trustee Farenthold asked that a new or freshly painted sign be put up. Mayor Gunderson asked Mr. Wilmot to order a new Stop Sign for the corner of Lafayette and Court Streets.
Recreation, Parks & Public Safety - Trustee MacCormick reported that the Playground was getting a much needed overhaul of weeding, mowing, new grass in areas and sealing of the playground equipment by volunteers.
Streets & Public Safety - Trustee Chase reported that Scott Rafferty would return to complete the Dublin Hill project Tuesday. He also reminded the Board that the “One Way” anniversary of the one year road change to Cherry Avenue needed to be addressed at the November meeting. Discussion ensued on the speed bumps located on Court Street. Mr. Wilmot noted that NYS Law says they should be removed by October 15th , but as they are located on a Village Street he felt they could stay in place until December 1st unless we get an early snow.
Water & Sewer - Mr. Wilmot reported that: 1] the Waste Water Treatment Plant had been inspected on October 8, 2008 by NYS DEC. Discussion ensued on the new regulations pertaining to the removal of “fats, oils, grease” or “fog”. How to filter out household “fog” was also discussed. 2] the Bio-Solids from the WWTP had been transported to Weedsport’s compose pile. 3] he should receive his certificate for credit hours earned at the NYCOM School next week. 4] discussed a recent computer billing problem concerning those who have second meters for watering gardens. Ms. Brooks noted that some of the errors were due to the way she entered the gallons of water consumed and how the computer processed that information. Ms. Brooks informed the Board that this was only the second time she had worked with these accounts as they are billed only once per year and thanked Mr. Wilmot for his help in processing the corrections. Ms. Brooks asked the Board for permission to mail out a corrected billing to those affected and then call on Melinda Kostreva and William Law Book software support to get the listed accounts corrected in the computer. Trustee Farenthold moved approval to correct this situation, seconded by Trustee MacCormick. Motion Carried 5:0. 5] informed the Board of the NYS bidding process on acquiring a new Dump Truck with plow for the Village which will replace the Dodge. Mr. Wilmot noted that the Dodge needs new tires, inspection and ball joints which may have to be corrected before the new vehicle arrives. Trustee Farenthold moved approval for Mr. Wilmot to order the new vehicle from Van Bortel Ford at a base line cost of $30,478.26 plus special options of 9‘ plow blade and others items as determined as necessary, seconded by Trustee Chase. Motion Carried 5:0. 6] the sidewalk projects were progressing along nicely with some minor work yet to be completed. 7] Trustee Farenthold questioned Mr. Wilmot as to why the north end speed indicator wasn’t working properly. Mr. Wilmot noted that the electricity was being supplied by a resident who sometimes shuts off the switch. Mayor Gunderson recommended that the Village purchase a solar panel to generate the needed power. Unanimously approved by the Board. 8] leaf pick up using the blower unit began today and will run through December 15, 2008 or until snow flies. 9] he has ordered 35 ton of salt at $33.67/ton lower price than expected The Board thanked Mr. Wilmot for his report..
Community Preservation Panel - Minutes for the September 3, 2008 Meeting
Planning Board - no report
Zoning Board of Appeals - no report
Zoning Officer -September 2008 Report Ms. Brooks asked the Board where Carter Road was located in the Village as referenced under 9/12 listing. No one knew.
Village Historian - Ms. Edmunds apologized for not having her written report in her hand as the Clerk was to print it off of her email as Ms. Edmunds’ was having printer problems. Ms. Edmunds highlighted the events for 2007-2008 for the Board noting having received several pieces of historical information from Marcia Finch that were published in the Citizen and photos, with particular interest she found was of the cars parked diagonally on Main Street. She has had several inquires about various subjects one recently from a Wells student who was researching the Greek Temple at Abbott House.
Finally, Ms. Edmunds again requested suitable storage space for the archival material that is currently stored in her home which is not a proper location. She noted that if her recent illness had led to her demise, her estate would have had the say as to how the materials would have been taken care, of not the Village. Discussion ensued. Trustee Farenthold suggested using the third floor at Lyon House. Mayor Gunderson responded that the records were stored there many years ago and that wasn’t a proper solution to offer someone else’s private property. The Mayor asked Mr. Wilmot if there are storage containers available which could be rented and have the proper controls for temperature and lighting. Mr. Wilmot said that he assumed so, but wasn’t prepared to give a formal response without first researching the possibilities. Trustee MacCormick asked if the storage unit could be placed in the parking lot behind Patrick Tavern so Ms. Edmunds could have access when she needed without imposing on Mr. Wilmot for access to the WWTP area. Mayor Gunderson responded that there is currently no electrical at Patrick Tavern and wasn’t sure how it could be installed safely. Mr. Fearon suggested applying for a Records Retention Grant which could also incorporate the Village Clerk’s office needs. The Board thanked Ms. Edmunds for her report and will inform her of their results at finding a storage container. (Copy of her report is attached to the Minutes file copy). (Ms. Edmunds left at 8:55 PM)
Old Business Mayor Gunderson reported to the Board that Mr. Paul Senk of the USPS has agreed to the year to year lease. Mayor Gunderson noted that the Board at last month’s meeting hadn’t really decided on a firm rental figure. Discussion ensued. Trustee Farenthold suggested the Village ask for $10,000 per year to start. Trustee Chase seconded the suggestion. Mayor Gunderson will speak with Mr. Senk and report back to the Board.
Mayor Gunderson reported that the Post Office Building has a new roof at cost of $14,500.00. The majority of the work was done within two days, but there is still the question of installing downspouts and fixing the soffit/facet areas.
New Business - Mayor Gunderson informed the Board that he has been approached by Sue Edinger, manager of the Aurora Inn, with an inquiry as to whether the Village can control parking of cars along State Route 90. Trustee Farenthold added that the Board has discussed the situation at least three times before, and finds the situation a nuisance to the businesses and the community. He added that he was in favor of a law regulating parking in the business district even if only to remove the one car in question. Trustee MacCormick asked if a letter had been sent by the Village asking the individual to move his vehicle. Mayor Gunderson said that he has written a letter previously, but according to the NYS Law the vehicle is legally parked. The Mayor further noted that last time the car could legally remain, after the tires were slashed, was until the odd/even parking began on December 1st. Mayor Gunderson informed the Board that even though the Aurora Inn appears to be doing well, the Inn isn’t financially sound it has a lot of operating expenses to over come especially this time of year when business is seasonally slow.
Trustee Murphy objected to writing a law for only one car stating that this was an added expense to the taxpayers. Mayor Gunderson questioned who would enforce the law after imposed by the Board. Mr. Wilmot suggested the College install web cameras on the Fargo and the Inn to see who is doing the vandalism then anyone who wanted to visit the web site could keep watch. Trustee Farenthold remarked at the irony of having a Sheriff’s satellite office in the village and not getting any results to reducing the crime.
An intense discussion ensued as to how long a vehicle could be parked in the business district. The parameters for restricting parking of a car either from Lafayette Street or from the Bank to The Aurora Place; the impact of those who reside and park their cars on State Route 90 in those parameters; the length of time allowed to park cars, to which Mr. Fearon suggested at least thirty (30) hours; and who would mark tires to determine the time issue and who pays for towing the vehicle.
Trustee Murphy pointed out that new signs denoting the new law would have to be erected which she voiced as being unattractive and expensive. Trustee Chase said that he investigated the situation some time ago with the Sheriff’s Department and found that as long as the vehicle was licensed and registered the Law Enforcement Officers had no right to ticket the car. He added that everyone has the right to voice their opinion as stated in the First Amendment.
Trustee Farenthold noted that he was “sick to death” about the last four years with Jay O’Hearn’s car parked downtown expressing his opinion. Trustee Farenthold further stated the Mr. O’Hearn was “acting like a spoiled brat” by inconveniencing tourists, friends, village residents and alumnae as well as impeding business and as the “adults“ elected to enforce the rules the Board needed to do something. Trustee Murphy argued back that Trustee Farenthold was only in favor of enforcing this “band aid” law for his own interest and not looking at the whole picture.
Mr. Fearon suggested that the Board look into the laws regarding towing a vehicle with Mr. Bower at Oakwood Service Center before pursuing the issue. Trustee Chase agreed with Mr. Fearon.
The Mayor polled the Board as to their wishes: Trustee Farenthold was in favor of new regulation; Trustee MacCormick felt more investigation was needed, but would consider a law for the business district only; Trustee Murphy said no, not for one car; Trustee Chase asked for further investigation and Mayor Gunderson questioned again who would enforce this law. Mayor Gunderson said that he would speak with Mr. Bower about liability issues.
Mayor Gunderson presented the plans for the water line installation on Sunset Beach Drive to those houses within the Village limits. Mr. Wilmot noted that he has spoken to those involved and found they are interested in connecting to the Village line instead of being tied to Mr. Carpenter’s private line. He further stated that Mr. Carpenter had installed the sewer line being used by those same properties. Mayor Gunderson noted that for the time being only the water line was being pursued as installing the sewer line would mean having to do more study to provide for a gravity fed line to connect to the current Village line. Mayor Gunderson will have Village Attorney Fusco draw up easement/right of way agreements for those properties. Mr. Wilmot noted that the NYS DOT bridge replacement project is slated for May 2009. Trustee Farenthold moved approve to pursue the agreements necessary to complete this project; seconded by Trustee MacCormick. Motion Carried 5:0.
Mayor Gunderson asked for Board approval to join the Cayuga County Worker’s Compensation Program starting January 1, 2009. Trustee Farenthold move approval; seconded by Trustee Chase. Motion Carried 5:0.
Trustee Chase motioned for adjournment at 9:40 PM. Seconded by Trustee Murphy. Motion Carried 5:0.
Respectfully Submitted,
Deborah M. Brooks, Deputy Village Clerk