VILLAGE OF AURORA BOARD OF TRUSTEES

MINUTES OF THE REGULAR MEETING

SEPTEMBER 26, 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 7:33 PM on September 26, 2007 with Mayor Gunderson presiding.


PRESENT:  Mayor Tom Gunderson, Trustees Jim Chase, George Farenthold, Janet Murphy, and Ken Zabriskie.


ALSO PRESENT: David Brooks, Debbie Brooks, Laura Holland, Melinda Kostreva (Treasurer), Jay O’Hearn, 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 August 15, 2007 Regular Meeting Minutes as written.  Seconded by Trustee Murphy, motion carried 5:0. 


CHANGES TO THE AGENDA:  Mayor Gunderson reported that the Board would need to enter into an Executive Session to discuss a personnel issue; Under Old Business Add:  1) Update on Old Post Office Building, and 2) Revisit the One Way Street Issue.  Mayor Gunderson noted that the Board would not be voting on the Zoning Law Amendments this month.


MAYOR'S ANNOUNCEMENTS:


Mayor Gunderson reported that the Village had received a letter from the Department of State regarding the availability of funds for the 2007-2008 Shared Municipal Services Incentive (SMSI) Grant Program.  This year, counties, cities, towns, villages, special improvement districts, fire districts, school districts and in certain instances, BOCES will be eligible for projects that promote shared services, cooperative agreements, consolidations, mergers and dissolutions.  (Please see attached letter.)


Mayor Gunderson reported that the Village was in receipt of a letter from Cheryl Hugenschmidt from Municipal Comp Cost Management regarding Cayuga County, Towns, and Village Exposure Classification Summary.  Ms. Hugenschmidt is notifying Towns, Villages, and County in the interest of securing competitive quotes.  Mayor Gunderson reported that Ms. Hugenschmidt had been in to conduct her survey for this procedure.  (Please see attached letter.)


Mayor Gunderson reported that the Village was in receipt of a letter from Senator Charles Schumer regarding the Brownfields Assessment and Cleanup Cooperative Agreements Program which encourages a locally-based environmental protection approach to the assessment, cleanup, and redevelopment of sites that were once used for industrial, manufacturing, or commercial uses and are now abandoned or underused due to the suspicion of contamination.  This program aims to promote local economic development while revitalizing neighborhoods blighted by the abandoned or contaminated properties.


Mayor Gunderson reported that the Clerk had received a letter from Barbara Blanchard, Executive Director of Municipal Electric & Gas Alliance (MEGA) regarding the country’s energy problems and climate change.  MEGA has put together a program that makes a lot of sense for municipalities wanting to purchase “green energy.”  MEGA is providing a program at a very low price as “A way to fight climate change and promote domestic production of renewable energy”.  (Please see attached letter.)  Mayor Gunderson reported that Wells College was looking at this proposal and thought that this was a good idea and suggested that the Village consider this as well.  Trustee Farenthold stated that he was concerned about florescent LED lights.  Mayor Gunderson informed the Board that a response needed to be in by October 5, 2007 to participate in this option.  Trustee Farenthold moved to purchase 200 blocks consumption monthly of renewable energy, which must be purchased in increments of 200 kWh blocks.  Trustee Chase seconded the motion.  Trustee Zabriskie asked to amend the motion.  Mayor Gunderson said that the Village would be making a commitment for one year.  Motion carried 3:2 as follows:


Trustee ChaseAye

Trustee FarentholdAye

Trustee MurphyNay

Trustee ZabriskieNay

Mayor GundersonAye


Mayor Gunderson read a letter from Grace Bates resigning from the Planning Board.  The Board reluctantly accepted her letter of resignation.  (Please see attached letter.)


Mayor Gunderson read a letter from the New York State Retirement System regarding Final Contribution Rates for February 1, 2009 Payment.  This letter informs the Village that rates should be lower for fiscal year 2009.  (Please see attached letter.)  A discussion was held on the latest correspondence regarding Mr. Radcliffe’s benefits.  Ms. Kostreva informed the Board that the only recourse is to send a well-worded letter informing NYS Retirement Services that the Village had never been billed for the two years in question.  Mayor Gunderson hopes to have this resolved in October before the bill arrives in November.


Mayor Gunderson reported that the Village had received a letter from Time Warner Cable regarding agreements with programmers to carry their services, which routinely expire from time to time.  (Please see attached letter.)


CLERK'S ANNOUNCEMENTS:


The Clerk had no announcements.


VISITOR RECOGNITION:


Mayor Gunderson welcomed Laura Holland.  Ms. Holland reminded Mayor Gunderson that he had promised to get back to her regarding her request of last month pertaining to the property dispute between her family and Ms. Koepp and Mr. Place.  Mayor Gunderson replied that he had received a copy of a letter from the Village Attorney to the Attorney Scott Chatfield for Ms. Koepp and Mr. Place.  Ms. Holland had no knowledge of this letter.  Mayor Gunderson gave her his copy and asked if this helped.  Ms. Holland informed the Board that she has heard nothing from the Village Attorney (Mr. Fusco), Mayor Gunderson, or Mr. Chatfield regarding the “height variance”, “driveway” and other issues raised.  Has this even been discussed?  Mayor Gunderson reminded Ms. Holland that she had met with the Village Attorney to discuss her issues.  Ms. Holland commented that Mr. Fusco completely misunderstood.  Mayor Gunderson told Ms. Holland that at this point; she should get her Attorney involved.  Mayor Gunderson again reminded Ms. Holland that her Attorney should contact the Village Attorney.  Ms. Holland directed her comments at the Mayor and stated that “laws are being broken, and the Village is allowing it to happen”.  Ms. Holland pointed to the Mayor and stated that he needed to enforce the Zoning Law and that the Code Enforcement Officer (CEO) answered to the Village Board.  Ms. Holland informed the Mayor that she “would not get an attorney involved”.  Mayor Gunderson told Ms. Holland that the Village Board hires an Attorney to interpret the law.  Ms. Holland asked if she could have the Mayor arrested for not following the Village Zoning Law.  Trustee Murphy stated that she would like to see some resolution to this issue.  Ms. Holland informed the Board that she would be back next month and went on to say that she was disgusted and disappointed.  Ms. Holland and Mr. O’Hearn left the meeting at 8:03 PM. Trustee Murphy asked if the Village Attorney knew all the facts, she feels that there have been too many misunderstandings.  Trustee Farenthold commented that he understood the Mr. Fusco had responded to the Height Variance issue as being okay, but the north porch issue had been stopped.  Trustee Farenthold recommended that all parties go to an Arbitrator.  Mayor Gunderson stated that he did not feel that this was the responsibility of the Village Board to make this kind of determination.  Trustee Murphy asked Mayor Gunderson to ask the Village Attorney to readdress Ms. Holland’s questions.  Mayor Gunderson will consider this.


TREASURER'S REPORTS:


A.Monthly Reports:


The Board accepted the Monthly Reports for June 2007 and July 2007.


B.Budget Modifications:


There were no Budget Modifications.


C.Approval of Bills:


Trustee Murphy moved approval of bills in the General Fund for claims #111 to #150 for $11,898.14.  Motion was seconded by Trustee Chase.  Motion carried 5:0.


Trustee Zabriskie moved approval of bills in the Water Fund for claims #111 to #150 for $3,030.74.  Seconded by Trustee Farenthold, motion carried 5:0.


Trustee Zabriskie moved approval of bills in the Sewer Fund for claims #111 to #150 for $6,032.29.  Seconded by Trustee Farenthold motion carried 5:0.


Trustee Farenthold moved approval of the bills in the Street Improvement Project Fund for claim #150 for $24,791.00.  Seconded by Trustee Chase, motion carried 5:0.


COMMITTEE AND BOARD REPORTS:


A.Building and Grounds


Trustee Farenthold reported that he wanted to go on record the he is still not in favor of replacing the roof on the Post Office.  He is still opposed to this proposal.


Trustee Farenthold reported that there would be an Open Public Forum on Municipal Waste Truck Traffic to meet at the Aurora Inn on Thursday, October 25, 2007 at 6 PM.  He would like to see everyone come.  Please spread the word.


Trustee Farenthold reported that he had received a long list of repairs that need to be done.  Those of necessity are, in no particular order:  the doors at the Firehouse, the sidewalk in front of the Taylor’s house, and if the Village has any extra money, the sidewalks in front of the Leffingwell house and Bill Maloney’s house.  Parking still remains an issue, especially in front of the Zimdahl’s where wheels are over the line.  Curbs need to be fixed and sidewalks on both sides of the road would be a good idea.


Trustee Farenthold reported that he had been approached by a few of the members of the Masonic Lodge regarding the area of parking in front of the Lodge.  It was requested if the Village could make two handicap parking areas in front of the building on the west side of main Street.  Mayor Gunderson will contact a subcontractor from Waterloo to do the marking for the street between Taylor House and the United Ministry and perhaps St. Patrick’s Church.


B.Recreation, Parks, and Public Events:


Trustee Murphy reported that she had attended the Association dinner last evening.  Everyone there was asked to make sure that at least one person from each village attended the meetings.  A discussion on sidewalks was held.  Some of the Villages take care of the plowing/shoveling of snow and some require the property owners to do the work.  Another topic discussed was the vandalism that has been happening in some of the villages.  Association President Jean Saroodis (also Mayor of Weedsport) talked about the Sales Tax Formulas.  She has asked to have the Mayors write a letter to Jim Orman, Cayuga County Treasurer asking him not to touch the formula and send a letter to the County Legislature as well.


Trustee Murphy reported that the Memorial Park needs some equipment replacements.  A new rope and bucket will cost $135 and a new trapeze will cost $75 just to name a few. 


Trustee Murphy reported that she had spoken to Mr. Wilmot on installing “rubber speed bumps” on Court Street.  Mr. Wilmot has suggested purchasing three of the speed bumps after plowing season.


C.Streets and Public Safety:


Trustee Chase had nothing to report.





D.Water and Sewer:


Trustee Zabriskie reported that there had been a water main break in front of Wells College at the Guest House.


E.Community Preservation:


There was nothing to report.


F.Planning Board:


There was nothing to report.


G.Zoning Board of Appeals:


The Board accepted the Minutes from the Zoning Board of Appeals September 19, 2007 Public Hearings on the Ayers Subdivision, Bill Maloney’s request for an Area Variance and the Regular Meeting.


H.Zoning Officer:


The Board accepted the Zoning Officer’s Reports for August 2007.


I.Historian:


There was nothing to report.


OLD BUSINESS:


Mayor Gunderson reported that the Village Contract for Hills Heating and Air Conditioning was up for renewal.  Trustee Farenthold moved approval of the Post Office Contract for the amount of $345.00 up from last years $329.00 and the Contract for the Firehouse at a cost of $628.00 up from last years $578.00.  Seconded by Trustee Murphy, motion carried 5:0.


Mayor Gunderson asked to readdress the issue of implementing one-way traffic on Cherry Avenue.  The following suggestions were made:  indentation of street parking, no parking near intersections, and parking on south side.  Mayor Gunderson stated that if Cherry Avenue was to become a one-way street, parking could only be on the south side.  The proposal is to have Cherry Avenue become a one-way street from Main Street (Route 90) to Court Street and one-way from Cherry Avenue north over Court Street to Sherwood Road.  Lafayette Street will remain a two-way street.  The Upper section of Cherry Avenue from Court Street east will remain a two-way street.  Mayor Gunderson noted that signs would need to be purchased.  Trustee Murphy would like to have a consensus on this issue.  Clerk Yann asked if the residents on these streets would be notified.  Mayor Gunderson stated that the public had been notified the last time this issue was discussed.  Trustee Farenthold moved to implement a one-year trial period commencing November 1, 2007 through October 31, 2008.  Seconded by Trustee Murphy, motion carried 5:0.


Trustee Chase asked for a discussion on cars parking on Main Street in the business district.  Trustee Chase has talked with the Sheriff’s Office, the New York State Police and will check with the New York State Department of Transportation and Village Attorney to get their perspectives regarding this issue.  Trustee Farenthold stated that the Board has the power to regulate parking within the Village.


NEW BUSINESS:


Mayor Gunderson reported that the Village had received the Report from MRB Group regarding The Building Evaluation for the Aurora Post Office dated September 2007, MRB Group Project No. 0010703.  Cost included are:  1) Section A:  Required Items for Code Compliance at a total cost of $29,900.00, 2) Section B:  Repairs/Improvements at a total cost of $69,200.00, 3) Section C:  Building Change of Use at a total cost of $54,500.00, and 4) Section D:  Optional Improvements (Aesthetics) at a total cost of $75,000.00.  The above items are estimated costs, which do not include engineering, legal, and administrative fees; asbestos or lead paint abatement.  (Please see attached report.)  Trustee Farenthold believes the Village can do better.  Mayor Gunderson stated that the Village has no choice.  The Postal Service has a contract with the Village until March of 2009.


Trustee Farenthold would like the Village Board to do some serious work collecting an Oral History of the Village.  Pleasant Rowland attempted one earlier when she first came to the Village to assist the College in renovating the neglected college properties.  Jane Dieckmann, a Wells graduate did a beautiful book about the history of Wells College.


The Clerk asked to have the Contract for Usherwood & Associates, LLC for the copier approved.  This includes toner, developer, parts, drums, and labor.  The contract includes 18,000 copies per year, which amounts to 1,500 per month.  The Contract amount is $199.80 annually.  Trustee Chase moved to approve the Contract Agreement.  Seconded by Trustee Farenthold, motion carried 5:0.






EXECUTIVE SESSION


Mayor Gunderson asked a motion to enter into Executive Session to discuss a personnel issue.  Trustee Zabriskie moved to enter into Executive Session at 9:43 PM.  Seconded by Trustee Chase, motion carried 5:0.


Trustee Farenthold moved to adjourn the Executive Session and re-enter the Regular Meeting at 10:39 PM.  Seconded by Trustee Zabriskie, motion carried 5:0.


With no further business to discuss, Mayor Gunderson asked a motion to adjourn.


ADJOURNMENT:


Trustee Farenthold moved adjournment at 10:40 PM.  Seconded by Trustee Chase, motion carried 5:0.


Respectfully submitted,




Nancy M. Yann

Village Clerk