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HomeMy WebLinkAboutReg Mtg. Minutes 11/16/1970w VILLAGE OF CAYUGA HEIGHTS MINUTES of a regular meeting of the Board of Trustees held Monday, November 16, 1970 at 7 :30 P.M. in the Village Hall. • PRESENT: Mayor F. G. Marcham, Trustees Ronald E. Anderson, Harold R. Fisher, Verne A. Fogg, Carl H. Nelson, Virginia Powers, Rene F. Randolph; Treasurer Gordon B. Wheeler; Engineer John B. Rogers; Attorney Roger B. Sovocool; Police Chief Jack W. McGraw, Sr.; Fire Chief Ned G. Boice. OTHERS PRESENT: Representatives of the Ithaca Journal and Radio Stations. VOTED to approve the minutes of a regular meeting held October 19, 1970 as previously furnished Trustees in mimeographed form. VOTED to approve the Abstract of Audited Vouchers dated November 16, 1970 in the following amounts: General Fund - $4,843.91; Sewer Fund - $362.77. Amounts are less the bill of Burr F. Ripley for his work on the entrance door to the Village Hall. Mr. Rogers is instructed to check into the amount charged. Mayor Marcham gave his report and it is on file in the Village Office. On October 26, Judge Bryant heard our request for condemnation of part of the Liberman property for construction of additions to the Sewer Plant. Mr. Sovocool called Dr. Dobbins and me as witnesses to testify to the facts that expansion of the plant, as indicated, was necessary and that service was and would be rendered by the Village to neighboring communities on the basis of contracts with other communities. Judge Bryant asked Mr. Grant, attorney for Mr. Liberman, and Mr. Sovocool each to submit a memorandum of law regarding their arguments. He asked Mr. Grant to submit his in ten days and gave Mr. Sovocool a further ten days to respond to Mr. Grant. Mr. Sovocool is about to submit his statement. Judgment may come by the end of the year. • The County Sewer Agency will hold on Thursday next at 3:30 P.M. what may be a final meeting in the preliminary stages of organizing a sewer district. The consulting engineers will submit a final draft of the plan for organization and financing. If the agency accepts this, governing bodies of the Towns and the Village will then have to decide whether to accept the program as it relates to their municipality. If they do they will put it before their constituents for adoption. If the plan is adopted by all municipalities the agency may turn to the County for approval. The district may then be formed and the program for remodeling of the plant and planning for extension of sewer service may be taken over by the District. He reported on meeting with Mr. Jot Carpenter, landscape architect, Mr. Rogers and himself to discuss plans for landscaping the Village Hall. Mr. Carpenter's opinion was that a total plan should be worked out including the whole Village Green area. The Board after discussion decided the sidewalk area to be completed soon, but the plantings to wait until later. RESOLUTION # 1748 - VILLAGE HALL SIDEWALK VOTED to authorize the Engineer to proceed with the regrading of the area immediately in front of the Village Hall building and relocate the sidewalk eastward to the edge of the driveway. The walk to be of concrete now with the possibility that it be topped with flagstone later. • RESOLUTION # 1749 - TRANSPORTATION STUDY COMMITTEE VOTED to authorize the Mayor to serve as the Village Representative on the Ithaca Area Transportation Study Policy Coordinating Committee and also to authorize the Kiyor to sign the Memorandum of Understanding on behalf of the Village. 1t Minutes 11 /16/70 RESOLUTION # 1750 - CODE OF ETHICS Page 2 VOTED to approve and accept, effective December 1, 1970, the Code of Ethics as follows: "VILIAGE OF CAYUGA HEIGHTS CODE OF ETHICS Section 1. Pursuant to the provisions of section eight hundred six of the general municipal law, the Board of Trustees of the Village of Cayuga Heights recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the Village of Cayuga Heights. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Cayuga Heights. The rules of ethical conduct of the resolution as adopted, shall not conflict with, but shall be in addition to any prohibition of article eighteen of the general municipal law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. Section 2. Definition. (a) "Municipal Officer or Employee" means an officer or employee of the Village of Cayuga Heights whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer. •(b) "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. Section 3. Standards of Conduct. Every officer or employee of the Village of Cayuga Heights shall be subject to and abide by the following standards of conduct: (a) Gifts. He shall not directly or indirectly, solicit any gift; or accept or receive any gift having a value of twenty -five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, :in the performance of his official duties or was intended as a reward for any official action on his part. (b) Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. (c) Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. (d) Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his munici- pality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not •prohibit the fixing at any time of fees based upon reasonable value of the services rendered. rJ Minutes ll /16/70 Page 3 (e) Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Village Board of Trustees and any officer or employee of the Village of Cayuga Heights, whether paid or unpaid, who participates in the discussion or •gives official opinion to the Board of Trustees on any action of or any legislation before the Board of Trustees shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation or action. (f) Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties. (g) Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. (h) Future employment. He shall not, after the termination of service or employment with such municipa]ity, appear before any board or agency of the Village of Cayuga Heights in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. Section 4. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Village of Cayuga Heights, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. Section 5. Distribution of Code of Ethics. The Mayor of the Village of Cayuga Heights shall cause a copy of this code of ethics to be distributed to every officer •and employee of the Village within five days after the effective date of this resolution. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Section 6. Penalties. In addition to any penalty contained in any other provision of law, any person who shall knowlingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. Section 7. Effective date. This resolution shall take effect December 1, 1970." Mayor Marcham read correspondence concerning the tying with string of bundles of brush, etc. It was decided to continue the present requirement that bundles must be tied with a string before they are picked up by our work force. Mayor Marcham read a suggestion from Mr. George Kent concerning the diseased elm tree removal program that perhaps the Village could contract for their removal for both the residents and the Village at a better price. After discussion it was determined the Mayor to have a talk with Mr. Kent to explain how difficult this type of program would be. The Fire Chief, Ned G. Boice, gave his report and it is on file in the Village Office. • RESOLUTION # 1751 - TOWN OF ITHACA FIRE PROTECTION CONTRACT VOTED to authorize the Attorney to draw up a contract with the Town of Ithaca for fire protection in the present Fire Protection Districts for the calendar year 1971 in the amount of $8,960 with a no renewal clause included. A new long term contract to be negotiated after this year. Minutes 11/16/70 North Triphammer • Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Section No. Page 5 Road from Texas Lane to Winthrop Drive. 54 through 60 61 through 65 - Bad spelling at Drive to 207 N. Triphammer 66 through 102 111 through 116 at Drive to 209 N. Triphammer 125 through 131 and 134 -138 158 through 161- 164 -167 through 173 174 through 177 Bad spalling at driveway to 213 N. Triphammer 185 -186 Drive to 215 N. Triphammer 229 through 232 Bad spalling at drive to 219 N. Triphammer 243 through 256 at curved corner at Winthrop Drive and North Triphammer North Triphammer Road from Winthrop Drive to North Village Line First 12' section spelled and not cut. This was placed by N.Y. Telephone Company Mr. Giordano is given permission to install a sample test area, approximately two sidewalk blocks, with a bonding agent and a latex mixture of Duroflex, graded sand and Portland Cement to be left for observation over the winter. If this works well and holds up through the winter his firm is willing to seal the other damaged areas at no cost to the Village. The Village wishes to continue the investigation into the cause of the spalling and what type of concrete was used and any other pertinent facts which may reveal why the concrete is now spalling. The Engineer reported the deterioration of the culvert under Cayuga Heights Road •near the City Line called for an emergency replacement of this culvert. The restoration has been most difficult and the cost so far is around $6,000. There will be more expense which should be minor. RESOLUTION # 1755 - ADVERTISE BIDS VOTED to authorize and direct the Clerk to readvertise for bids for the new fire hall extending the opening date from November 20 to December 4, 1971. * *it The Engineer read a letter from Rocco P. Lucente in which he requests that his properties at 108, 1121 116, 120, 124, 128, 202, 210, 214, 218, 2222 226, and 230 Sapsuckerwoods Road be reduced from 4 sewer rent units to 2 sewer rent units each. He was charged four units each for the year 7071 with the assessment status as of January 1, 1970. The County Assessment Department notified us that these properties were assessed as four dwellings each as of January 1, 1970. He had not paid the sewer rent charges as of September 1, 1970. As per agreement with the Town of Ithaca for the Northeast Sewer District the Village billed the Town of Ithaca for these unpaid sewer rent charges with penalties through January 1, 1971. The Town of Ithaca has reimbursed the Village for these charges. Attorney Sovocool alerted the Board that legal complications may arise. The Engineer also reported that 729 sections of sidewalk within the Village were in need of repair with a possible cost of $7,000 to put the 3500 lineal feet of concrete in good condition. • The Attorney gave his report. The Quit Claim Deed from Morton Salt Company is signed and will be recorded when we have title to the land now under condemnation. The Attorney confirmed the Mayor's report on the progress of the Condemnation Proceedings of Liberman land. Minutes 31 /16/70 Page 6 The Bond Resolution for the financing of the Sewage Treatment Plant is well under •way but the Village has been delayed in getting necessary papers from the Department of Health. The lease for Mr. Flavin is ready for the Mayor's signature. RESOLUTION # 1756 - FLAVIN'S LEASE VOTED to authorize the Mayor to sign a lease between Flavin's Jewelry and the Village for rent of the garage portion of the Village Hall building at the rate of $200 per month for the calendar year 1971 with a cancellation clause of 90 days written notice. RESOLUTION # 1757 - ACCEPT AUDIT VOTED to accept the Audit of Paul Bradford for the period June 1, 1969 to June 1, 1970. �- *at Trustee Fogg reported he had visited the workmen during a lunch period recently and wished a priority for fixing an area of the Barn with a concreted floor and heated to some extent where the men could repair the Village equipment. The Clerk's report included overtime paid in October as follows: Gardner, 6 hours, $25.74; Garvin, 4 hours, $17.88; Geiger, 4 hours, $20.04; Grover, 8 hours, $39.68. The heating conditions in this building were reported by the Clerk and three remedial proposals with costs were given by Wilson Heating & Plumbing for $1,008.00 to furnish labor and materials to provide a separate thermostatically controlled heating zone for the first floor office of the Police Department and relocate the existing thermostat from the main hallway to the Clerk's Office; from Black's Heating and Plumbing for $915.00 essentially the same work and material; from Donahue - Halverson, Inc. $893.00 - same. After discussion the Board asked Mr. Rogers to have Mr. John Smith look the system over and give his recommendations. RESOLUTION # 1758 - PURCHASE ELECTRIC HEATER VOTED to authorize the Clerk to purchase an electric space heater for the offices on the second floor of the Village Hall. The meeting adjourned at 10 :25 P.M. • Rose M. Tierney Village Clerk - Minutes 11/16/7o Page 4 RESOLUTION # 1752 - TOWN OF LANSING FIRE PROTECTION CONTRACT VOTED to authorize the Attorney to draw up a contract with the Town of Lansing for fire protection for the present Fire Protection District on the basis of six months at $2,500 and continue on a month to month basis at the rate of $400 a month until the end of 1971 unless otherwise cancelled by the Town of Lansing. When this contract is cancelled the Village will consider negotiating a new contract to protect the area located in the Catherwood development because this area is only accessible through the Village. RESOLUTION # 1753 - PURCHASES - FIRE DEPARTMENT VOTED to authorize the purchase by the Fire Department of the following items: A- 3410.2 Equipment 2 Two Way Radios 4 Brackets for protective breathing devices 4 Rotating red lights 3 Sirens 5 Badges A- 3410.51 Supplies 30 Gallons Foam $550.00 74.00 Moo 175.50 75.00 $954.50 $180.00 $1,134.50 Police Chief McGraw gave his report and it is on file in the Village Office. He spoke of straightening out the curve on Cayuga Heights Road where the culvert is presently being repaired and was informed of the legal aspects involved. The Engineer and Police Chief will look it over to see if this matter should be acted upon. Trustee Nelson read two letters of commendation of the Village Police Department especially Patrolman Darling and Sergeant McEwen. These letters are filed in the Clerk's Office. The Engineer gave his report and it is on file in the Village Office. RESOLUTION # 1754 - SIDEWALK SPALLING VOTED to inform Mr. Vincent Giordano that the Village considers his firm responsible in connection with the spalling of a particular section of the sidewalk installed by his firm along North Triphammer Road because the spelling occurred within the one year warranty period. The following 4 foot sections of sidewalk have a small amount of spelling unless noted as having bad spalling. • North Triphammer Road from power line pole at corner of Hanshaw and North Triphammer. Section No. 43 -44 -45 at drive to 107 N. Triphammer Section No. 50 -66 through 73 Section No. 115 -116 -117 at drive to 111 N. Triphammer Section No. 156 -157 Drive to 115 N. Triphammer