VILLAGE OF AURORA BOARD OF TRUSTEE’S MEETING
September 17, 2008
Held at the Aurora Firehouse Meeting Room
Present: Mayor Thomas Gunderson
Trustees - James Chase, Kenneth Zabriskie, Elisabeth MacCormick
& George Farenthold
Also Present: Legislator George Fearon
Village residents: David Brooks, William Dugan, Nancy Gil, Cynthia J. Koepp, John Miller, Janet Murphy, John Place, Anne Tobey, Paddington and Todd Zwigard
Wells College Representatives: Diane Hutchinson, Vice President & Treasurer; Meredith Van Duyne and Sue Edinger
Kathleen Walsh-Bowen, Attorney from the law firm of Scolaro, Shulman, Cohen, Fetter & Burstein, P.C.
Deborah Brooks, Deputy Village Clerk/Treasurer
Absent: Village Clerk Nancy Yann (attending Fall NYCOM school)
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 is married to Lisa Marsh Ryerson, President of Wells College.
Mayor Gunderson asked for approval of the August 20, 2008 Minutes. Trustee MacCormick moved approval and Trustee Farenthold seconded. Discussion - Trustee Farenthold asked that the Minutes be proof read again for correction of spelling and other errors before going on the web page. Trustee Zabriskie noted on page 2 in the Section pertaining to Mr. Fearon’s discussion on the Sheriff’s Department Patrol -needed to be revamped as the information was scattered in the first two paragraphs. Trustee Zabriskie noted that he motion to deny Mr. Dugan’s request not Trustee Farenthold on page 6 and to change the word “lies“ to “lives“ on page 7 in the third line up from the bottom of the page. Mayor Gunderson also noted on page 6 that the Clerk needed to explain what type of school Mr. Van Horn was attending and to change the spelling of the word “president“ to “precedent“ on page 8 in the first paragraph.. The Mayor asked that those corrections be noted in the Minutes. He then called the vote. Unanimously approved with corrections. Motion Carried 5:0.
Changes to the Agenda - Mayor Gunderson added under Old Business- 1] Post Office Roof; 2] USPS Lease Extension and 3] Water/Sewer Update at Sunset Beach area.
Announcements - The Mayor read a letter from Cayuga County Sheriff, David Gould to the Board regarding the establishment of a Sheriff‘s Satellite Office in the Aurora Place. The letter thanked the Village Board for agreeing to Wells College’s offer of free space in the building where Deputies could come to do paperwork and take a break from their road duties as well as to offer a “presence” in the community due to recent vandalism. Trustee Zabriskie questioned why a private entity was offering services when the Village has done so before. Trustee MacCormick question the need for the word “presence” in the letter. Trustee Zabriskie stated that he felt that the Village Board as a whole should have been made aware of this offer before the general public had knowledge of it. He noted that this underhanded deal was done without the knowledge of two Village Board members and questioned why the Task Force even asked about having a Sheriff Satellite Office if the deal was already made. Trustee Farenthold cited the increase crime in the area as a reason for this office to be established and that he had discussed the opening of an office of this type several years ago with Mr. Gould. Intense discussion ensued in which Trustee Zabriskie asked Trustee Farenthold why the Board wasn’t offered the opportunity to determine if it was needed, necessary or welcome. Trustee Zabriskie further asked which hat Trustee Farenthold was wearing noting the Conflict of Interest Law. Mayor Gunderson asked for the Clerk’s announcements.
Deputy Clerk Brooks informed the Board that the 1] Cayuga County Board of Elections would be present at their October 15, 2008 meeting to do a presentation of how the new Election Machines operate. 2] Cayuga County Association of Villages Dinner would on Tuesday, September 28, 2008 at The Sunset Restaurant in Auburn.
Visitor Recognition - Mayor Gunderson recognized John Miller, Aurora-Ledyard Fire District Commissioner. Mr. Miller complimented the Board for putting out the recent survey on projecting the future of the community. He asked that the Task Force also look for insight from the Town of Ledyard, the Southern Cayuga School District and the Fire District to see how all could work together to promote projects, concerns and growth of population for the whole community. Mr. Miller used the need to increase local population so as to help maintain growth in the school system, but also pointed out the need for the Fire District to recruit from the community volunteers to man the Fire Department and Ambulance Squad.
Mr. Miller also reminded the Board that the Village now houses seasonal residents and that won’t help with the Village maintaining their reasonable tax rate. Mayor Gunderson thanked Mr. Miller for his comments and explained that for the present the Village Board had only assigned the Village Task Force with the survey on the Village Center, but thought Mr. Miller’s points could be addressed by this group, too.
Mayor Gunderson recognized Ms. Hutchinson, Vice President & Treasurer for Wells College and Sue Edinger from the Aurora Inn, Inc. Ms. Hutchinson reported to the Board that the College has recently hired a study on their Wallcourt Property which is located on Lafayette Street. The College would create 15 to 18 rooms which would be let in conjunction with the Aurora Inn and E.B. Morgan House at a price which would be affordable to families visiting the area. She noted that E.B. Morgan House and the Aurora Inn rates are more on the upscale level. Ms. Hutchinson asked that the Board change the use variance to commercial property from residential. Mayor Gunderson informed Ms. Hutchinson that they would need to seek a use variance from the Zoning Board of Appeals once they have made application to proceed with this work to the Code Enforcement Officer.
Trustee Zabriskie asked that they canvass the neighbors prior to permitting to see if this new use would fit into the community. Trustee MacCormick questioned whether there was the need for so many more rooms. Ms. Edinger responded that their need for mid price rooms far exceeds the 17 rooms already in use especially during the summer months and then again when Wells College has special events on campus.
Trustee Zabriskie questioned the availability for funding. Ms. Hutchinson said that there was currently a grant through the NYS Economic Development Funds.
Trustee MacCormick asked where they were placing parking for this building. Ms. Hutchinson noted using the current recess parking on Court Street and maybe placing diagonal parking on Lafayette Street. Trustee Zabriskie noted that those areas are owned by the Village and that the law denotes the property owner providing parking spaces for their use. Trustee Chase suggested using the lot behind the Fargo Restaurant for employee parking which would free up the street parking they use now. Trustee Zabriskie also suggested using some of Taylor House yard. Trustee MacCormick asked why the land between the Bank and the Aurora Inn couldn’t be used as well. Ms. Murphy noted that she preferred the quiet living residential area that already existed as she resides just diagonally across the street from Wallcourt.
Trustee Zabriskie asked what Wells College was willing to give back to the Villagers this time if the Village Board granted the variance change. Trustee Zabriskie noted the loss of access to the Village Park behind the parking lot. Ms. Edinger asked why and Trustee Zabriskie explained the lack of fixing the current parking lot by Ms. Rowland back to having access to the park. Ms. Edinger suggested that access could be looked at for the north side of the Inn by the Bank. Trustee Farenthold interjected the loss of the tiered parking lot proposed by Ms. Rowland and how different things would be today if her plan had been executed. Again Trustee Zabriskie asked Trustee Farenthold which hat he was wearing.
Ms. Tobey commented that she thought the use of a Historical Building was so much more appealing than to lose it to demolition. Ms. Hutchinson again asked what the next steps would be for them. Mayor Gunderson suggested that he speak with Village Attorney Fusco and Code Enforcement Officer Staley on the zoning change issue, but he felt that the College should fill out the Zoning Permit and submit conceptual drawings to Mr. Staley so it would follow the process of rejection to the Zoning Board of Appeals. Mr. Zwigard also suggested they address the larger issues of zoning variance and parking first. Mr. Fearon remarked that this was another example of Mr. Miller’s point of entities working out “bumps” to achieve a common goal.
Mayor Gunderson recognized Mr. John Place, who lives at 327 Main Street. Mr. Place once again expressed his opinion of how their concerns have not been properly addressed by the Community Preservation Panel. (Ms. Hutchinson & Ms. Edinger left 8:25 PM) Mr. Place asked where the Holland’s fence issue stood and also stated that the Holland dock didn’t meet the setback laws. Mr. Place felt that there had been misinformation stated by the Holland’s attorney at the CPP meeting on September 3, 2008 and that Village Attorney Fusco wasn’t representing the Village very well. Mayor Gunderson stated that Attorney Fusco represents the Mayor and the Village Boards, not individual villagers.
Mayor Gunderson informed the Board that the Holland family had not submitted any further update to the CPP Board’s request for consideration of changes to the proposed fence. Ms. Bowen, Attorney for the Holland family, noted that the dock issue was a mute issue and that their was still construction going on along the west property line of her client’s property citing that NYS Building Code states they have a right to erect fencing until all work is completed. Mayor Gunderson further stated that if Mr. Place felt he had a property issue with the Holland family he needed to hire his own attorney to handle that issue as the Village has nothing to do with disputes between property owners.
Mr. Place, then complained about lighting that shines into their home from the Holland terrace area. Ms. Koepp complained that the Order to Remedy on the trees hadn’t been enforced and that they had completed their construction work. Trustee Farenthold noted that he could feel their frustration, but that was where we were at and that going to court might be the only way to resolve the situation. Mrs. Murphy noted that as a former Village Board member, she felt that Attorney Fusco had counseled the Board with prudent and appropriate information which the Village Board has followed.
Treasurer’s Reports - Ms. Brooks had no monthly reports.
The Mayor presented the bills for payment on Abstract # 4:
General Fund voucher #s 111, 113-117, 119-122, 124, 125, 127, 128, 130-134, 136-139 & 141 in the amount of $18,527.31. Trustee Chase moved payment of General Fund bills, seconded by Trustee Farenthold. The Board unanimously approved payment of the General Fund bills. Motion Carried 5:0.
Water Fund voucher #s 119, 132, 135, 136, 141 & 142 in the amount of $1,067.55. Trustee Farenthold moved payment of Water Fund bills seconded by Trustee Chase. The Board unanimously approved payment of the Water Fund bills. Motion Carried 5:0.
Sewer Fund voucher #s 112, 117, 118-120, 123, 126, 127, 129, 131, 132, 135, 136, 140 & 141 in the amount of $9,2383.20. Trustee Chase moved payment of Sewer Fund bills with a second by Trustee Farenthold. The Board unanimously approved payment of the Sewer Fund bills. Motion Carried 5:0
Committee Reports:
Buildings and Grounds - Trustee Farenthold reported that the Truck Traffic Safety Task Force would be meeting on September 24, 2008 in the Martha Eddy Room at the NYS Fairgrounds at 6:00 PM to further discuss new rules for trucking.
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. Mrs. Murphy suggested waiting to do anything until the use of the Wallcourt building has been decided. Trustee Zabriskie felt the sign just needs a new coat of paint and asked that the Mayor speak with Mr. Wilmot about doing the work.
Trustee Farenthold informed the Board that he was happy to report that one hundred five (105) Surveys issued by the Village Task Force had been returned and that 71 had been tabulated with thirty four (34) more to do. Trustee Farenthold noted that 69% wanted a Village Center in Part I; in Part II the Village park was very important and in Part III the location of the Post Office was addressed. He noted that the Task Force still had a lot of work to do. Mrs. Murphy questioned the response to the Sheriff’s Office on the survey and stated that she felt Mr. Gould could have come to the Village Board to discuss the crimes in this areas as well as Wells College could have come to the Board to discuss their concerns, too. Mrs. Murphy agreed with Trustee Zabriskie that this was an insult to the Village. Trustee Farenthold disagreed with Mrs. Murphy noting again that he had spoken with Mr. Gould several years ago about safety issues. Trustee Chase asked Trustee Farenthold if there had been any resolution to the incident at the Fargo. Trustee Farenthold said that there had not, but that there was more going on in Aurora than meets the public eye.
Trustee Zabriskie stood and began to leave the room stating that he was elected by the residents of Aurora to watch out for their best interests and that he had failed to do so thus letting the Villagers down. He verbally tendered his resignation then exited the building at 8:50 PM.
Recreation, Parks & Public Safety - Trustee MacCormick reported that the there would be a Playground Sanding and Sealing Party a week from Saturday.
Streets & Public Safety - Trustee Chase reported that Scott Rafferty has had to leave to go do a scheduled project, but would return to complete the Dublin Hill project soon. Discussion ensued on progress of this work area. Trustee MacCormick commented that she liked the way the Steve Zabriskie sidewalk area denotes where the “Kicking Tree” was located.
Water & Sewer - Mayor Gunderson reported for Trustee Zabriskie that Mr. Wilmot will be attending the NYCOM Conference for Public Works October 24, 2008 for several days.
Community Preservation Panel - Minutes for the August 6, 2008 Meeting
Planning Board - no report
Zoning Board of Appeals - no report
Zoning Officer - August 2008 Report
Village Historian - No report
Old Business - Mayor Gunderson reviewed the plans for the Zwigard Geothermal project with the Board. He noted that the pipeline would be following the Village owned “Pocket Park” property along the south side next to the new sidewalk between the United Ministry Church and Lyon House. Mayor Gunderson passed around an email from Village Attorney Fusco which expressed the need to do proper paperwork for the right-of-way agreement between the Zwigard’s and the Village of Aurora. After discussion, Trustee Farenthold moved approval for the right-of-way agreement to be written and signed; seconded by Trustee MacCormick. Motion Carried 4:0.
Mr. Zwigard also questioned the Board as to the process of correcting the water runoff from State Route 90 onto his front yard as the water is entering his basement and causing deterioration to the foundation. Mr. Zwigard asked about making changes to the sidewalk as he had an idea on how that might divert the flow of water coming off the highway. Mayor Gunderson informed him that the sidewalks were a village responsibility but any replacement had to be factored into the Village budget. Mr. Zwigard wasn’t sure he wanted to wait another year to have the problem fixed. Discussion ensued as to how the water might be directed to the storm line south of the property. Trustee Chase asked Mr. Zwigard to present a proposal to the Village Board for their consideration as the Board needs to financially plan how to take on such a project.
Mayor Gunderson informed the Board that he has a proposal to repair the Post Office Roof as is for $16,000.00 which should last four (4) to five (5) years. Discussion ensued. Trustee Farenthold moved that the Post Office Roof be repaired for the least expensive amount of money as possible and as quickly as possible. Seconded by Trustee MacCormick. Motion Carried 4:0.
Mayor Gunderson proposed the Board consider a year to year lease with the United States Postal Service (USPS) Lease Renewal Agreement. He stated that the term he asked for was for year to year because of the uncertainty of use for the current facility until the survey results could be taken into consideration. Mayor Gunderson noted that in the past the rent was for five (5) year increments with modest increases for that period, currently at $8,400.00 per year. Mr. Brooks noted that at the time the lease was started the USPS had financed the renovations to the building and that was taken into consideration of the amount paid for rent. Mr. Fearon suggested using fair market value by the foot. Mr. Zwigard suggested continuing in the same escalation as already established. Trustee Farenthold suggested a flat rate of $10,000.00 for three (3) to five (5) years. Trustee MacCormick questioned why they would do a year to year lease when the villagers want the Post office to remain in the community. Mayor Gunderson noted that only the roof would be repaired at this time and that he would look into the situation further with the USPS.
Mayor Gunderson informed the Board that a meeting to discuss the design concepts for the Sunset Beach Road south end water/sewer project had been scheduled for Friday this week with the MRB engineers, but has since been cancelled.
New Business - none
Trustee Farenthold motioned for adjournment at 9:10 PM. Seconded by Trustee MacCormick. Motion Carried 4:0.
Respectfully Submitted,
Deborah M. Brooks, Deputy Village Clerk