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MINUTES of a Public Hearing - 8/20/90
Minutes of a Public Hearing, duly published and posted, held August 20, 1990
at 7:20 p.m. in the Village Hall, to consider proposed Local Law No. 3 of 1990
Amendment to Article XIII- Registration and Use of Bicycles, Section 4.
Fees and Expiration of Registrations.
PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Weiss, Wheeler;
Treasurer Silber; Acting Attorney Oesterle; Supt. of Public Works Rogers;
Police Chief Wall; Fire Chief Miller.
ABSENT: Trustee Searle.
OTHERS: Nick Hatala, Jim Dennis, three Villagers.
Mayor Anderson opened the Public Hearing to consider enactment of proposed
Local Lae No. 3 of 1990. Chief Wall commented in favor of eliminating completely
the bicycle registration fee stating it was not worth the time spent processing
the necessary paperwork for the small amount of revenue realized. There being
no further comments, the Public Hearing was declared closed at 7:25 p.m.
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MINUTES of Regular Meeting - 8/20/90
Mayor Anderson called the regular meeting to order and opened it to privilege
of the floor.
Mr. Nick Hatala of the Consulting Engineering firm, Stearns & Wheler, spoke to
the Board in connection with the new DEC and EPA regulations. He stated that
because Borg - Warner Automotive has been designated as a Significant Industrial
User (SIU), the Village must establish a Pretreatment Mini - Schedule program.
Engineer Rogers stated that it would not be necessary for the Village to
establish such a program if it were not for Borg - Warner, and, that on this basis,
the consulting fees will be passed on to them. In response to Trustee Pimentel's
question of how industrial users are determined, Mr. Hatala replied that four
criteria are used to identify SIU's: 1/a categorical industry discharging
process wastes to the publicly operated treatment plant, 2 /flow exceeds 5%
of the design capacity of the facility, 3 /more than 1,000 gal. or
10,000 lbs. of raw material that contains prior pollutants in metals and
4 /any industry that has a significant impact on the sewer plant. Engineer Rogers
stated that he had just learned that when the domestic sewage and processed sewage
flow together in the plant, the entire amount must be classified as industrial
flow. Trustee Fleming asked what the pretreatment would entail and Mr. Hatala
replied that it does not mean an addition to the facility but rather a development
of a program to enforce and monitor the B -W flow. Engineer Rogers stressed the
importance of an SIU program which can be enforced and lined up so as to prevent
the threat of lawsuits. He stated also that the DEC has set a 4 -month deadline
for establishing such a program from the effective date of the permit which is
8/190. With respect to the re- writing of the Sewer Ordinance, it was pointed out
that the language regarding enforcement procedure needs to be updated and relative
to this, Mr. Hatala stated that the DEC's model ordinance can be used as reference.
Motion by Trustee Fleming, seconded by Trustee Pimentel:
' RESOLUTION 474 - RETAIN S &W TO AID IN SETTING UP INDUSTRIAL MINI - SCHEDULE
VOTED to retain Stearns & Wheler to act as coordinator to guide the Village through
establishment of a proper Industrial Mini - Schedule for a Significant Industrial
User Program and to do whatever is necessary to meet the requirements of the
DEC in a timely manner. Stearns & Wheler is to provide the Village Board with
Did
MINUTES of Regular Meeting - 8/20/90
an estimated cost of this service by mid - September. Adjunctly, and as a separate
cost item, Stearns & Wheler is authorized to discuss with Attorney Oesterle and
Engineer Rogers sewer moratorium - related issues from an engineering and technical
standpoint. Unanimously passed. 0
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Jim Dennis was present to discuss with the Board, in Executive Session; the
status of the labor negotiations with the Police Department.
Moved by Trustee Pimentel, seconded by Trustee Wheeler:
VOTED to enter Executive Session for the purpose of discussing personnel
matters relative to the Police Union Contract. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The meeting adjourned into Executive Session at 8:00 p.m.
The meeting reconvened into regular session at 8:21 p.m.
Moved by Trustee Pimentel, seconded by Trustee Camp:
RESOLUTION 4175 - ADOPT LOCAL LAW NO. 3 OF 1990 - AMENDMENT TO VILLAGE ORDINANCE
VOTED to adopt Local Law No. 3 of 1990 - Amendment to Article XIII of Village
Ordinance - Registration and Use of Bicycles, Section 4. Fees and Expiration of
Registrations. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Moved by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 417(0 - APPROVE 20 -YEAR RETIREMENT PLAN FOR POLICE OFFICERS
VOTED to approve a change in the New York State Police Retirement Plan from
the 25 -year to the 20 -year plan - 375 -c, 384, 384 -f 25 year plan, or may elect the
384 -d with 384 -e rider, 20 -year plan. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The Board agreed to hold a special meeting on Monday, August 27, 1990 at 5:30 p.m.
for further discussion and possible approval of the Police Union Contract.
Moved by Trustee Camp, seconded by Trustee Pimentel:
VOTED to approve the minutes of the July 16, 1990 meeting with changes as follows:
Per Trustee Camp, on page 2, paragraph beginnning "Trustee Camp moved to approve..0
insert after the first sentence, "to wit, additional comment from Patty Mutkoski -
She adked if Mr. Rogers would have anything to do with the Remington Road project
in his capacity as Superintendent of Public Works, in light of his conflict of
interest. Add the additional comment to Trustee Fleming quotation, "I (Trustee
1� \V
MINUTES of Regular Meeting - 8/20/90
Fleming) would rather have Jack Rogers owning that land rather than a stranger."
Remainder of quotation attributed to Trustee Fleming unchanged." Per Trustee
Pimentel, change the statement on the first line of page 2, to read: .....was
in the best interest of the majority of the Villagers. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Moved by Trustee Pimentel, seconded by Trustee Wheeler:
VOTED to approve the minutes of June 18, 1990 as furnished Trustees in copy form.
A vote was taken. Trustees Fleming, Pimentel, Weiss, Wheeler voted YES. Trustee
Camp voted NO.
Motion by Trustee Pimentel, seconded by Trustee Weiss:
VOTED to approve the Abstract of Audited Vouchers dated 8/20/90 in the following
amounts: General Fund - $19,904.61, Sewer Fund - $21,614.59. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
There was question concerning Borg - Warner's payment of the increased special treat-
s ment charges which became effective April 1990, and it was noted that a partial
payment of their bill had been received (roughly half). The Attorney stated she
will write them asking for prompt payment of the amount outstanding.
Motion by Trustee Camp, seconded by Trustee Pimentel:
VOTED to pay DEC permit fee of $7500 due in mid - September, before approval can
be given at the next Board meeting. In order to avoid penalty fees, the Clerk was
instructed to pay this closer to the due date. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Trustee Wheeler introduced a motion to ask for Board approval to return monies
amounting to $1138.92 withheld from certain Village employees' salaries for one
workday as a result of the pay period to coincide with that of the Police Depart-
ment. Trustee Camp seconded the motion which was postponed after the Treasurer
said he will prepare a draft of the various options for Board approval at the
September meeting. I
Mayor Anderson presented the month's correspondence -
- Letter from the president of the T.C. Senior Citizens' Council addressed to
CHCA requesting the $1,000 allocated by the VCH to the Northeast Unit through the
CHCA and subsequent request from CHCA for reimbursement of same.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4171 - REIMBURSE CHCA FOR CONTRIBUTION OF $1,000 TO SENIOR CITIZENS
VOTED to authorize the reimbursement of $1000 to the CHCA of the budget allocation
,_�-d)
MINUTES of Regular Meeting - 8/20/90
to the Northeast Unit of the T.C.Senior Citizens' Council, Inc. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
-The Mayor reported that there has yet to be a meeting with the Town Supervisor
and Town and Village attorneys and engineers relative to the Town's position
concerning lower Remington Road.
- Discussion re Cornell University's proposed project to expand Parking Lot A and
also the construction of a connector road between Pleasant Grove Road and Warren
Road in coordination with the A Lot expansion. Trustee Wheeler suggested that the
Mayor be instructed to write to Mr. Lew Roscoe, Director of Planning, requesting
a formal proposal of what they intend to do, pointing out that before the Board
could approve any changes they would have to meet the requirements of the Zoning
Ordinance, i.e., submission of site plan, etc. The Mayor will write Mr. Roscoe
about the Board's concerns.
- Letter from Betty Miller with information that Judy Dunning has agreed to take
over responsibility for the Marcham Garden. The Mayor was asked to send letters
of appreciation to both ladies.
- Letter from Attorney Diane Withiam, representing James and Dr. Yasmeen Moody of
216 Overlook Road, in connection with her clients' complaint of the roadwork
recently completed by Village crews and also regarding their understanding that
Overlook Road is a private one. Attorney Oesterle said she was waiting to hear
further from Attorney Withiam.
-Re the eight- foot -wide public walkway between Oak Hill Place and Triphammer Road,
approval was granted to adjacent property owners to clear the section of the pathway
which has become overgrown and to maintain it as an.unobstructed passageway as pro-
vided by Mr. Newman in 1921.
-Re County's proposed Local Law mandating use of trash tags throughout the County,
Mayor Anderson reported that at a recent Public Hearing on the matter, the T.C.
Public Works Committee adopted the amendment proposed by Mary Call that Cayuga Hgts.
be excluded on the basis that figures are available which prove there has been a
significant reduction in trash collection in the Village. This has yet to be ap-
proved by the full County Board. The Mayor will ask Mary Call if there is anything
further the Village should do.
- Request from Mr. and Mrs. Ron Schmitt of 302 E. Upland Road to remove the stump
left from the recent removal of a tree in the right -of -way. It was agreed that the
Public Works Committee will formulate policy for dealing with this issue.
- Letter from Charles Pomada of Historic Ithaca & T.C. relative to their plan to
start an "Architectural Salvage Warehouse" for the purpose of recycling building
components to increase awareness of the value of historical buildings and reduce
the flow of used materials to the local landfill. It was agreed the Mayor should
write a letter supporting their desire to apply for a grant.
There was no monthly report for the CHCA. '
Fire Chief Miller prosented his written report which is on file. He had no
further report.
Treasurer Silber presented the budget status report as of 8/20/90. He stated
rzoco1
A3410.22 A3410.23 800 Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The Treasurer stated he will provide on future reports a Total Budget column, also
a monthly trial balance will be available.
Attorney Oesterle reported on the status of the following: Attorney Goldberg has
been substituted for her firm to represent the Village in the Town of Ithaca and
® Lucente lawsuits; she has not received word whether the Attorney for the insurance
company has filed an answer in the Wilma Douglas suit. She will follow through.
Trustee Wheeler said that he had heard that Cornell plans to propose to build a
new inn in the Industrial Park area which will require a number of sewer units,
and it seems obvious to him that Cornell considers they have an open end use of
the Village's sewer plant. He said he would like to have the contract renewed
stating that the original contract with Cornell agreed they would pay a total of
$83,000 and he recalls that only $30,000 of it had been paid. He questions Mr.
Relihan's statement in his July 8, 1989 letter to Attorney Sovocool that Cornell
continues to pay. Trustee Wheeler suggested a need for research and Attorney
Oesterle said she will search their files and the Village's finance records will
be researched also.
Police Chief Wall presented his monthly statistical report which is on file.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4179 - CREATE SECOND CROSSING GUARD POSITION
VOTED to create, through the Tompkins County Personnel Dept., a second school
crossing guard position for the purpose of having a back -up and to authorize the
Police Chief to accept applications for same. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Supt. of Public Works Rogers presented his written report which is on file.
Engineer Rogers was authorized to draft a notice to be left with residents satin
why their trash is not picked up. Regarding the problem of Drush growing out 10
MINUTES of
Regular Meeting - 8/20/90
the Annual
Financial Report is nearing completion.
®
Motion by
Trustee Pimentel, seconded by Trustee Camp:
RESOLUTION 417$ - APPROVE TRANSFERS
VOTED to approve
the following transfers:
TO
FROM
$
A1950.4
Conting.
100
A51lO.43
"
350
A9040.8
"
1325
A9050.8
"
950
A3410.22 A3410.23 800 Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The Treasurer stated he will provide on future reports a Total Budget column, also
a monthly trial balance will be available.
Attorney Oesterle reported on the status of the following: Attorney Goldberg has
been substituted for her firm to represent the Village in the Town of Ithaca and
® Lucente lawsuits; she has not received word whether the Attorney for the insurance
company has filed an answer in the Wilma Douglas suit. She will follow through.
Trustee Wheeler said that he had heard that Cornell plans to propose to build a
new inn in the Industrial Park area which will require a number of sewer units,
and it seems obvious to him that Cornell considers they have an open end use of
the Village's sewer plant. He said he would like to have the contract renewed
stating that the original contract with Cornell agreed they would pay a total of
$83,000 and he recalls that only $30,000 of it had been paid. He questions Mr.
Relihan's statement in his July 8, 1989 letter to Attorney Sovocool that Cornell
continues to pay. Trustee Wheeler suggested a need for research and Attorney
Oesterle said she will search their files and the Village's finance records will
be researched also.
Police Chief Wall presented his monthly statistical report which is on file.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4179 - CREATE SECOND CROSSING GUARD POSITION
VOTED to create, through the Tompkins County Personnel Dept., a second school
crossing guard position for the purpose of having a back -up and to authorize the
Police Chief to accept applications for same. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Supt. of Public Works Rogers presented his written report which is on file.
Engineer Rogers was authorized to draft a notice to be left with residents satin
why their trash is not picked up. Regarding the problem of Drush growing out 10
MINUTES of Regular Meeting - 8/20/90
roadways creating safety hazards, Trustee Pimentel will draft policy regarding how
far back to trim and how high.
In connection with the Board's condern about how detailed the minutes should be,
Trustee Wheeler suggested the Board consider the purchase of a mini - cassette
recorder so that a permanent tape of all that is said at Board meetings could be
kept on file. The Board agreed to discuss it further at a future time.
Trustee Camp moved and Trustee Pimentel
Adjournment 10:32 p.m.
seconded to adjourn the meeting.
Clerk
MINUTES of a Special Meeting of the Board of Trustees of the Village of Cayuga
Heights held August 27, 1990 at 5:30 p.m.
PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Weiss, and Wheeler.
Acting Village Attorney Oesterle.
OTHERS: Jim Dennis
Mayor Anderson called the meeting to order at 5:30.p.m.
Motion by Trustee Fleming, seconded by Trustee Camp:
VOTED to enter Executive Session to discuss personnel issues. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The meeting adjourned into Executive Session at 5:32 p.m.
Discussion of AGreement between Village of Cayuga Heights and PBA. Jim Dennis
made note of several items for change, including addition of an Article on
Promotion and word changes for correction or clarification.
Moved by Trustee Camp, seconded by Trustee Fleming to reconvene into regular
session. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The meeting reconvened into regular session at 6:26 p.m.
Trustee Pimentel moved , Trustee Camp seconded:
RESOLUTION 41$0 - APPROVE TENTATIVE AGREEMENT WITH PBA
VOTED to approve the tentative agreement with the PBA with the changes discussed
in Executive Session. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
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