Aurora Village Board
Aurora, New York 13026

Minutes
Regular Monthly Meeting & Special Presentation 
November 18, 2009

Special Presentation – 6:30 PM –  Stephen Lynch, Executive Director of the Cayuga County Industrial Development Agency, met with Village Board members to explain the work he is doing for the Cayuga County Planning Department to draft the final site proposal for the Finger Lakes Cultural and Natural History Museum.  Mr. Lynch noted that the proposal is being drafted in record time to comply with the timeframe imposed by the Finger Lakes Museum site selection team.  The two proposed sites from Cayuga County are the Bush farm on Sherwood Road, in the town of Ledyard and a portion of Wells College land in the Village of Aurora.

Regular Monthly Meeting
Present – Mayor Tom Gunderson, Trustees Janet Murphy, George Farenthold, Jim Chase and Lili MacCormick.
Also Present – Village Clerk Dee Nance, Treasurer Deborah Brooks and Code Enforcement Officer Mick Piechuta.
Members of the Public – David Brooks, Jacci Farlow, Bill Dugan and Tim Cappuccilli.

Mayor Gunderson called the regular monthly meeting to order at 7:15 PM and led the room in the Pledge of Allegiance.

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

Mayor Gunderson asked for approval of the October 21, 2009 regular meeting minutes.  A motion of acceptance was made by Trustee MacCormick; seconded by Trustee Chase.  Motion carried 5:0.
			
Announcements – Mayor Gunderson read a letter from Bruce and Bonnie Bennett requesting an adjustment to their water/sewer bill for the period ending 9/30/09 to remove the late payment penalty, as they believe they did not receive the original bill.  Mayor Gunderson read from the September/October 2009 NYCOM Bulletin that addressed this issue.  The article stated that it was the opinion of NYCOM legal counsel that homeowners are still responsible for timely payment of their bills and late payment penalties in the event that they do not receive their bills.  Discussion ensued.  Trustee Murphy expressed concern over setting the wrong precedent.  Treasurer Brooks expressed her opposition to setting a precedent of forgiving the penalty.  Trustee Farenthold thought the amount of the penalty was small and he moved that the board excuse the late payment penalty.  There was no second to Trustee Farenthold’s motion, so the bill stands as presented.

Mayor Gunderson reported that Planning Board member, Pat Bianconi recently attended a Cayuga County Planning Board training session titled, Planning For Stormwater.  There was some discussion of a new GPS-based service that may become available through the county. 

Clerk Nance reported that she has posted notice of the offices to be filled in the March 2010 Village Election, as required by State Election Law.  The offices to be filled are the mayor and two trustees.  Each position carries a four-year term.

Clerk Nance reported that she toured Patrick Tavern with Village Historian Sheila Edmunds and would be supportive of efforts to restore this space as a Village Office.

Clerk Nance offered the Sales Tax Distribution List for general information purposes.  George Fearon offered to send us and expanded document regarding county sales tax revenue that he believes the board will find more useful.

Visitor Recognition – Attorney for the Holland family, Tim Cappuccilli, inquired about the village law banning front yard parking.  He referred to the October 14, 2009 minutes of the Planning Board where they recommended that Village Zoning Law, Article IV, Section 407.B be amended to read, “No parking is permitted in the front yard unless in a paved or improved driveway, parking or turnaround area.”  Mr. Cappuccilli said the Holland family wanted to know if a permit would still be required for front yard parking.  Code Enforcement Officer, Mick Piechuta responded that no decisions have been made but that the village is in the process of reviewing this law.

Mr. Cappuccilli stated that the Holland family would like the board to know that the residents of 327 Main Street continue to park in their front yard, and the Holland family wants to know what the village intends to do.  Mr. Piechuta replied that this is all part of the parking situation that is under review.  No decisions have been made, but Mr. Piechuta added that he finds the front yard parking ban to be unenforceable and notes that violations of this law occur throughout the village at several locations besides 327 Main Street.

Mr. Cappuccilli addressed comments made by Mr. Piechuta at the October Village Board meeting where he reported that he has asked Laura Holland to speak directly to him when she has a concern rather than contacting him through her lawyer.  Mr. Cappucilli stated that the Holland family wanted the board to know that they do not mind having Mr. Piechuta come to their home for face-to-face meetings.  Mr. Cappuccilli inquired whether his previous calls to Mr. Piechuta could be characterized as “annoying”.  Mr. Piechuta said they were not, but he would prefer direct contact from the Hollands in the future.

Mayor Gunderson expressed his hope that in time this situation will be ironed out.

Mr. Cappuccilli replied that the Hollands need a response from the village and that they are feeling ignored.

Mr. Cappuccilli asked for proof from the village that the shared driveway between the Zwigards and Koepp/Place was approved.  He stated that the Hollands believe the Zwigards need to get a permit for their driveway, and that village laws are not being enforced.  Mr. Piechuta replied that he would research the driveway question and get back to the Holland family with an answer.

Treasurer’s Report – Ms. Brooks presented reports for the months of August and September, 2009.

Mayor Gunderson presented the budget modifications to the board.

General Fund
$192.45	FROM		A1990.4 – Contingency Account
		TO		A11410.41 – Clerk/Treasurer – Computer/Copier

Trustee Murphy moved approval of the General Fund Budget Modification; seconded by Trustee Farenthold.  Motion carried 5:0.

Water Fund
RESOLUTION #09-22
NEEDED to move Water Repair Reserve to MM Savings #70255 (F321)  
TO	F8340.4 – Transmission & Distribution – Contractual
To repair a leak in the new line at David Fitzgerald Jr.’s Route 90 north water line.

$422.50	FROM		F5031R – Interfund Transfers Reserves
					(F231 – Water Repair Reserve)
		TO		F8340.4 – Transmission & Distribution – Contractual

Trustee Farenthold moved approval of Resolution #09-22 – Water Fund Budget Modification; seconded by Trustee Chase.  Motion carried 5:0. 

Mayor Gunderson presented the bills for payment on Abstract #6.

General Fund – voucher #’s 195-198, 200-205, 208-218 in the amount of $8,823.97.  Trustee MacCormick moved payment of the General Fund Bills; seconded by Trustee Farenthold.  Motion carried 5:0.

Water Fund – voucher #’s 202-204, 210 in the amount of $1,711.29.  Trustee Farenthold moved payment of the Water Fund bills; seconded by Trustee Chase.  Motion carried 5:0.

Sewer Fund – voucher #’s 192-194, 199, 203-204, 206-207, 210, 216 in the amount of $8,050.39.  Trustee MacCormick moved payment of the Sewer Fund bills; seconded by Trustee Farenthold.  Motion carried 5:0.

Committee Reports
Buildings and Grounds – Trustee Farenthold reported that the public comment period on the trash truck legislation has been extended until November 30th.  He encouraged the board and public to keep the pressure on the State through their letter writing campaign.

Trustee Farenthold noted that the repair work to the mens’ bathroom at the fire hall was still unfinished.  Mayor Gunderson replied that the contractor hired to do the work was ill and in the hospital.

Trustee MacCormick questioned the village’s leaf collection system and wondered if there was more efficient equipment available.  After some discussion it was determined that the present system already creates a finely ground mulch, and that there simply appears to be a high volume of leaves this year.

Parks and Recreation – Trustee MacCormick had nothing new to report.
Streets and Public Safety – Trustee Chase had nothing new to report.
Water and Sewer – Trustee Murphy reported that it’s business as usual at the Waste Water Treatment Plant.

Community Preservation Panel – Minutes of October 7, 2009.
Planning Board – Draft minutes of October 14, 2009.
Zoning Board of Appeals – did not meet in October.

Code Enforcement Officer – monthly report for October 21 through November 18, 2009.  Mr. Piechuta reported that he has been attending some Building 
Codes training sessions in Montour Falls.  He charged 1/3 of his mileage to the village, splitting it evenly between the three municipalities who employ him as code enforcement officer.

Old Business – Mayor Gunderson provided an update on the Route 90 South Water Main Extension Project, stating that we could tap into the DOT project through a “betterment program” in order to complete our water main project without needing to put it out for bid.  It would piggyback onto the DOT project.  Our original estimate on this project was roughly $70,000.  The estimate negotiated by Superintendent of Public Works, Kurt Wilmot and the DOT job superintendent would bring the project in at $42,200—a good price based on the research we’ve done.  Accepting this offer would require an upfront payment to the DOT.  The money would come from reserve funds via a public hearing and would be subject to a permissive referendum.

RESOLUTION #09-23
To make expenditures from the Water Improvement Reserve Fund

WHEREAS, the Village of Aurora established the Water Improvement Reserve Fund on April 16, 1997 for the purpose of providing monies for the future extension and/or replacement of the transmission and distribution system.

NOW THEREFORE BE IT RESOLVED, that pursuant to Section 6-c of the General Municipal Law, the Board of Trustees approves the expenditure of up to the maximum cost of $43,000.00 from the Water Improvement Reserve Fund for the financing of the waterline extension for the properties located at 13 & 15 Main Street and 2451 & 2455 Sunset Beach Drive on State Route 90 south.

The Board of Trustees authorizes the Treasurer to expend those funds from the Water Improvement Reserve Fund for expenses related to this project, after the permissive referendum time has lapsed.

Trustee Farenthold moved acceptance of Resolution #09-23; seconded by Trustee Murphy.  Motion carried 5:0.

Bill Dugan asked if this was part of a water district.  Mayor Gunderson replied no, that we have a single water system—no districts.

New Business - Clerk Nance presented an accounting of unpaid village taxes to the Board of Trustees.  Board members signed a letter authorizing Clerk Nance to turn the unpaid taxes over to Cayuga County for collection.

Trustee Farenthold asked the board to write a letter of welcome and support to the Board of Directors of the proposed Finger Lakes Cultural and Natural History Museum.  Discussion ensued.  Trustee Murphy asked when input from the public would be sought.  Mayor Gunderson said he did not foresee a public meeting before the December 3rd deadline for final proposal submission by the Cayuga County Planning Department.  Trustee Farenthold said it is conceivable that the field could be narrowed to two or three sites with Aurora among them, and that this might be a good time for a public meeting.

Mayor Gunderson called the vote.  Trustee Farenthold – aye, Trustee MacCormick – aye, Trustee Murphy – abstain, Trustee Chase – aye, Mayor Gunderson – aye.  Motion carried 4:0:1.  Trustee Murphy abstained because she did not feel she had enough information.

Clerk Nance explained that the board needed to re-do their motion creating the new position of Code Enforcement Officer PT because improper wording had been used when the motion was first passed at the September 16, 2009 meeting.  Trustee Farenthold moved to create the position of Code Enforcement Officer – Part-time as per the Cayuga County Civil Service specifications; seconded by Trustee Chase.  Motion carried 5:0.

Mayor Gunderson reported that he wishes to send a letter to the Fire Commissioners to open a dialogue about selling the firehouse to them.  Mayor Gunderson believes that we have equity in this building and the building does not meet our needs.  Mayor Gunderson would like to see the village get their equity out of the building and use this money to renovate Patrick Tavern or build a new Village Office.  Trustee MacCormick stated that she would like some of the firehouse land for a playground.  Mayor Gunderson said he believes the deed states the surrounding land can only be used for fire department needs.

Trustee Farenthold moved approval of Mayor Gunderson sending his letter to the Fire Commissioners; seconded by Trustee Chase.  Motion carried 5:0.

Trustee Farenthold reported that a DVD of the Wild Center in Tupper Lake is circulating among board members, the Wild Center being a model for the future Finger Lakes Cultural and Natural History Museum.  Trustee Murphy had viewed the DVD and found the Wild Center to be breathtaking.  Trustee Farenthold reported that the woman credited with creating the Wild Center happens to be the daughter of a Wells College alum.

Trustee Murphy moved adjournment; seconded by Trustee Chase.  Motion carried 5:0.  The meeting adjourned at 8:20 PM.

Respectfully submitted,
Dee Nance
Village Clerk