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HomeMy WebLinkAboutReg Mtg. Minutes 12/21/19927t 17L VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held December 21, 1992 at 7:30 PM'in the Village Hall. PRESENT: Mayor Anderson;.Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel; Attorney Geldenhuys; Treasurer Silber; Supt. of P.W. Rogers; Police Chief Wall; Fire Chief Leonhardt. OTHERS PRESENT: Tom Niederkorn and Villager, Gregory Zack. Mayor Anderson called the meeting to order at 7:30 PM Motion by Trustee Fleming, seconded by Trustee Pimentel: VOTED to approve the minutes of a Public Hearing held November 11, 1992 as previ- ously furnished Trustees in photocopy form. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. Motion by Trustee Fleming, seconded by Trustee Janis: VOTED to approve the minutes of a regular meeting held November 16, 1992 as previ- ously furnished Trustees in photocopy form with a correction in the Mayor's report to read "New York State Safety and Health Department'.' in place of "OSHA." Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. The Mayor reported on.the following: - Notice from the State that effective July 1, 1993, Village Board members are no longer eligible to be members of a Planning Board; however, the Board of Trustees may decide to disband the Planning Board altogether and act on planning board ' matters themselves. An alternative would be to appoint Villagers to make up a Planning Board. The Mayor will investigate the matter. He noted that relative to ZBA, all members present must remain present at the time a vote is taken. - Asked for approval of appointments to Fire, Disaster and EMS Advisory Board. Motion by Trustee Kira, seconded by Trustee Fleming: RESOLUTION 4418 - APPROVE APPOINTMENTS TO THE T.C. FIRE, DISASTER AND EMS ADVISORY BOARD VOTED to approve the following appointments: Gary Leonhardt to become full member, replacing John Millier. Term to expire December 31, 1995. Robert Day to become alternate member, replacing Jeffrey Silber. Term to expire December 31, 1995. John Patte to become alternate member filling the vacancy left by Gary Leonhardt's advance to full member. Term to expire December 31, 1993. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. - Request to recognize the Police Benevolent Association as the exclusive representa- tive of the positions of Police Clerk and part -time Police Clerk /Secretary. This will be discussed in an Executive Session. - Fire Inspector, Gene Dymek, has submitted his resignation. The Board needs to consider whether it wishes to combine his duties with those of the P.W. Supt. - Re lawsuit against the Village by Town of Ithaca and Rocco Lucente - no award ' for summary judgment in either direction has been granted. Question of the DEC's definition of capacity was raised (it differs from Village's definition) - this will need to be settled. There was no report from the CHCA. The report of the Fire Chief was submitted and placed on file. 112 Minutes of Regular Meeting - 12/21/92 2 Treasurer Silber presented his report which is on file in the Village Office. Abstracts and financial reports were distributed. Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4419 - APPROVE TRANSFERS VOTED to approve the recommended List of Transfers including those listed and dated on the Treasurer's report of December 6, 1992. From: A9010.8 Local Employees Retirement System 11,273 A9040.8 Workers Compensation Insurance 3,000 A5110.43 Streets Insurance 800 A3410.43 Fire Dept Insurance 1,750 A3120.43 Police Dept Insurance 1,963 A1990.4 Contingency 21332 A1325.41 Treasurer Cont Svc A1320.41 Other Audit $1,000' A1620.41 Village Hall Other A1620.45 VH Cont Svc 300 A1620.43 Village Hall Insur A1640.45 VH Cont Svc 555 A1990.4 Contingency A1640.41 Cent Garage Oth 11700 A1640.2 Cent Gar Eqpt A1640.42 Cent Garage Sup 340 A5110.41 Street Other A1640.42 Cent Garage Sup 160 A5110.45 Street Cont Svcs A1640.45 Cent Gar Cont Svcs 750 A1990.4 Contingency A1910.41 Other Insurance 500 A3410.41 Fire Dept Other Exp A3410.42 Fire Dept.Supp 500 A5110.47 Street Eqpt Rental A5110.49 Strt Eqpt Maint 216 A8160.46 Refuse Tipping Fees A8160.43 Refuse Insur 362 A8160.46 Refuse Tipping Fees A8160.49 R C Eqpt Maint 600 Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. The Treasurer requested that Department Heads recommend to him where a transfer will come from in cases where they anticipate an allocation will be exceeded. He also reminded them to follow the adopted Procurement Procedure for purchases. The Treasurer will have a summary of the recent independent audit for the Board at the next meeting. Motion by Trustee Pimentel, seconded by Trustee Fleming: VOTED to approve the Abstract of Warrants dated 12/21/92 in the following amounts: General Fund - $30,862.82; Sewer Fund - $22,557.08; Water Fund - $162.18; Capital Fund - $1,163.36. Two items were corrected relating to Police and Fire Accounts and State of NY Pension - $51,000. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. The Attorney reported that relative to the ACC Franchise, a new Cable Act will go into effect in the near future and the issue of billing customers for a franchise fee separately and treating it as a tax, may be interpreted as an illegal procedure. She will keep the Board informed. The Draft GEIS was discussed and the Attorney suggested filing a Negative Declaration as opposed to a Final GEIS, explaining the differences between the two options. Trustee Pimentel was opposed to certain wording in the Negative Declaration statement and felt it should be corrected before approval. It was argued, however, that the action on Negative Declaration is clear and that the objection to the wording is a se arate issue to be raised in a letter to the State under Trustee Pimentel's signatur i? he wishes to do so. Trustee Kira informed the Board that she has removed her name from Kendal Corp.'s list for residence in the proposed Retirement Community, thereby freeing her to vote in related matters. Minutes of Regular Meeting - 12/21/92 143 Motion by Trustee Janis, seconded by Trustee Kira:. RESOLUTION 4420 - ACCEPT NEGATIVE DECLARATION VOTED to accept the State Environmental Quality Review Negative Declaration - Notice of Determination of Non - Significance as recommended by the Attorney. Copy Attached to Official Minute Book. Trustees Collyer, Janis, Kira, Perry voted YES. Trustee Fleming ABSTAINED. Trustee Pimentel voted NO. There was further discussion concerning the PUD. The Attorney noted there are no time constraints for action on the PUD and she will distribute copies of the revised version to Trustees. A special meeting was scheduled for January 14, 1993 at 5:00 PM for further discussion on PUD related matters. Police Chief Wall presented his monthly report and placed it on file. Supt. of P.W. submitted his monthly report which is on file in the Village Office. Motion by Trustee Pimentel, seconded by Trustee Perry: RESOLUTION 4421 - APPROVE PURCHASE OF TRACKS FOR 1972 BOMBARDIER SNOWPLOW VOTED to approve the purchase by the DPW of used tracks at a cost of $2700 for the 1972 Bombardier. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. Zoning Officer Rogers reported that he had written to John Patte, resident in the Village -owned property at 825 Hanshaw Road, in connection with the vehicle parked in the front yard which Mr. Patte is offering for sale. Mayor Anderson was asked to talk to the Fire Chief about the problem. Treasurer Silber urged that the Attorney draw up agreements in connection with Village properties being used by others, so that all parties concerned know what is expected of the residents. Supt, of P.W. Rogers reported on the work done by Safety Consultant, Foster Gray, at the Village Barn. He recommended that Mr. Gray be retained for consultation regard- ing compliance with OSHA requirements for Confined Access. .. . . Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4422 - RETAIN FOSTER GRAY TO CONSULT ON CONFINED ACCESS VOTED to retain Safety Consultant, Foster Gray, to advise the Village in connection wtih OSHA'requirements for Confined Access for six additional hours at a cost of $180.00. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4423 - APPROVE PURCHASE OF MULTI -GAS DETECTOR VOTED to approve the purchase of a multi -gas detector not to exceed $1600. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. Mayor Anderson said a few words in tribute to Frederick G. Marcham who died on December 16. A Memorial Service is scheduled for January 23, in Sage Chapel. Motion by Trustee Fleming, seconded by Trustee Collyer: RESOLUTION 4424 - SET DATE FOR VILLAGE ELECTION ' VOTED that Election Day shall be March 16, 1993 between the hours of 12-Noon and 9:00 PM in the Village Hall. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. Motion by Trustee Pimentel, seconded by Trustee Kira: RESOLUTION 4425 - ENTER EXECUTIVE SESSION VOTED to enter Executive Session at 10:48 PM to discuss personnel matters. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted•YES. 1 1.1 Minutes of Regular Meeting - 12/21/92 4 Discussion ensued concerning the request to recognize the Police Benevolent Associ- ation to represent the positions of Police Clerk and part -time Police Clerk /Secretary. Motion by Trustee Fleming, seconded by Trustee Kira: RESOLUTION 4426 - NON - RECOGNITION OF C.H. POLICE BENEVOLENT ASSOCIATION TO REPRESENT POLICE DEPT. POSITIONS .WHEREAS, the Cayuga Heights Police Benevolent Association has requested that the Board of Trustees for the Village of Cayuga Heights recognize the Cayuga Heights Police Benevolent Association as exclusive bargaining agent for the Police Clerk and part -time Police Clerk /Secretary of the Cayuga Heights Police Department in collective bargaining of their terms and conditions of employment and the administration of grievances, and WHEREAS, the Board of Trustees has investigated the status of this group of employees and determined that police officers of the Village of Cayuga Heights Police Department and the Police Clerk and part -time Police Clerk /Secretary do not have a community of interest and cannot be included in the same bargaining unit; NOW, THEREFORE, it is hereby resolved that The Village of Cayuga Heights declines to recognize the Cayuga Heights Police Benevolent Association as the negotiating unit for the Police Clerk and part -time Police Clerk /Secretary of the Village of Cayuga Heights Police Department. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. In connection with the upcoming Police contract negotiations, Attorney,Geldenhuys will investigate the possibility of asking Mr. John O'Riley to represent the Village. Motion by Trustee Collyer, seconded by Trustee Pimentel: RESOLUTION 4427 - DENY!OPTION'TO POLICE OFFICERS TO REMAIN IN GROUP HEALTH PLAN VOTED to deny unionized Police Officers below the rank of Deputy Chief the option to remain in the Village of Cayuga Heights' Health Insurance Group Plan once their re- tirement account has been exhausted. Trustees Collyer, Fleming, Kira, Perry, Pimentel voted YES. Trustee Janis OPPOSED. Motion by Trustee Fleming, seconded by Trustee Pimentel: RESOLUTION 4428 - APPROVE LONGEVITY OF $800 TO SUPT. OF P.W. VOTED to issue a longevity payment to Supt, of Public Works Rogers in the amount of $800. Trustees Collyer, Fleming, Janis, Kira, Perry, Pimentel voted YES. The Board reconvened into regular session at 12:04 PM Meeting adjourned 12:04 PM Anne Krohto Clerk