HomeMy WebLinkAboutReg Mtg. Minutes 11/16/198161
VILLAGE OF CAYUGA HEIGHTS
BOARD OF TRUSTEES
MINUTES of a regular meeting of the Board of Trustees of the Village of Cayuga
Heights held November 16, 1981, at 7:30:'p.m, in the Village Nall.
PRESENT: Mayor F.G. Marcham; Trustees Ronald Anderson, James Bennett, Shailer
Philbrick, Jean Robinson, Stanley Warren; Attorney Roger Sovocool;Treasurer G.B.
Wheeler; Engineer/Z0 John Rogers; Police Chief Harlin McEven; Fire Chief Francis
Miller.
ABSENT: Trustee Allee.
OTHERS PRESENT: Mr. Bill Scott, Tom Davis, Mr. and Mrs. Ron Schmitt.
Mr. Bill Scott of Ithaca Agency appeared before the Board to explain the nature of
public officials liability insurance which the Board is considering purchasing to
cover Villafe officials, Police Officers and employees of the Villafe in the event
lawsuits are brought against them for actions while performing their duties. He
said he had reviewed the quotations for premium coverage submitted by Sprague
Insurance Co. of Corning, N.Y. and recommended the purchase of this policy at this
time stating that the cost is reasonable and added further that he will continue to
search for other coverage which might be considered at the expiration of this policy.
Motion made by Trustee Philbrick, seconded by Trustee Bennett:
LOCAL LAW 110. 2 OF 1981 - ENACTMENT UNDER PROVISIONS OF CHAPTER 277, 1981
NEW YORK SESSION LAWS RELATING TO THE FURNISHING
OF LEGAL COUNSEL AND INDEMNIFICATION OF EMPLOYEES
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I: To confer the benefits of Chapter 277 of the 1981 Session Laws of the
State of New York, as said section may be amended from time to time, upon the
employees of the Village of Cayuga Heights.
Section II: The Village of Cayuga Heights agrees to be responsible for the proper
costs incurred under these provisions.
Section III: It is intended that the benefits accorded to the employees under this
Local Law shall not be in lieu of and shall not take the place of any defense or
indemnification protection conferred by another enactment.
To be effective 12:01 a.m., November 18, 1981.
Trustee Allee Absent Trustee Philbrick Voting Yes
Trustee Anderson Voting Yes Trustee Robinson Voting Yes
Trustee Bennett Voting Yes Trustee Warren Voting Yes
Motion made by Trustee Philbrick, seconded by Trustee Bennett:
RESOLUTION 3248 - AUTHORIZE PURCHASE OF LAW ENFORCEMENT OFFICERS AND
PUBLIC OFFICIALS LIABILITY INSURANCE
VOTED to purchase from the Sprague Insurance Company of Corning, N.Y., Law Enforce-
ment Officiers Professional Liability Insurance: Annual Premium - $2,160.00.
Limit - $1,000,000 each person, $1,000,000 each incident, $1,000,000 aggregate.
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Minutes of Regular Meeting - November 16, 1981 page 2
Public Officials Liability Insurance: Annual Premium - $1,312.50. Pyre Chief
Endorsement - $150, Police Chief Endorsement - $150, Employee Endorsement - $262.50, e
Basic-Policy - $750: Limits - $1,000,000 each loss for which claim is first made
during policy period, $1,000,000 maximum annual aggregate & $2,500 self insured
retention each loss with respect to insured other than the insured public entity,
$7,500 each loss with respect to the insured public entity. Unanimously passed.
To take effect 12:01 a.m., November 17, 1981. Unanimously passed.
Mr. Tom Davis of 2211 N. Triphammer Road expressed his concern about the deteriorating
condition of the culvert which is adjacent to his property and stated further that
although he experienced no flooding during the recent heavy rains, he feels that the
capacity of that culvert should be increased. Engineer Rogers stated that there are
plans for replacement of the culvert and he hoped this could be accomplished this fall.
Motion made by Trustee Philbrick, seconded by Trustee Bennett:
VOTED to approve the minutes of a Public Hearing and-regular meeting held October 19,
1981 and a special meeting held October 26, 1981 as previously furnished Trustees in
Xerox form. Unanimously passed.
Notion made by Trustee Robinson, seconded by Trustee Warren:
VOTED to approve the Abstract of Audited Vouchers dated Noverber 16, 1981 in the
following anounts: General Fund - $12,212.43; Sewer Fund - $10,440.42.
Unanimously Passed.
Mayor Marcham gave his report and it is on file in the Village Office.
Mayor Marcham mentioned that several letters and telephone calls had been received
regarding the increased.rates put into effect on November 1, 1981 by the American
Community Cablevision Corp. and in particular, questioning whether prepayments
which had been made and accepted by ACC for November service had indeed constituted
a contract between subscriber and ACC and as such precluded their right to bill
retroactively for November service at the increased rate.
Motion made by Trustee Robinson, seconded by Trustee Anderson:
RESOLUTION3249 - MAYOR TO WRITE ACC CORP. RE PREPAYMENTS FOR NOVEMBER SERVICE
VOTED to authorize the Mayor to take up with American Community Cablevision Corp.
the question whether they are prepared to honor their agreements with Villagers
who have prepaid for television service prior to the rate increase date of
November 1, 1981. Unanimously passed.
Mr. Marcham read a letter from Dr. Elkins asking the Board to consider a spraying
program for gypsy moth-that would protect all trees in the Village.
Mayor Marcham referred to a petition from some residents on E. Upland Road who
protest construction of a sidewalk on the west side of the road and state that if
a sidewalk must be built it should be located on the east side of the road for '
reasons of safety and "the direct effect it'would have on residents of E. Upland
Road if a sidewalk were built on the west side." It was suggested that a Public
Hearing on the matter be scheduled for late winter so that construction can begin
in early spring.
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Minutes of Regular Meeting - November 16, 1981 page 3
Concerning the matter of a lease for the space currently being used in the Cayuga
Heights School by the Cayuga Heights Community Association, the Board was in agree -
nent that the lease should be negotiated between the Village and the School District,
and in turn, the Village would enter into an agreement with the Association. It
was suggested that the Village would pay the rent and the Association will be re-
sponsible for paying insurance and operation costs. However, it was agreed that
these financial matters will be more clearly defined when the terms of the lease
and sublease have been negotiated and also, when the Association presents their
budget to the Village Board of Trustees.
Trustee Bennett once again voiced his concerns about the degree of infestation of
the gypsy moth in the Village and stated that the Village Forester,who has been
charged with thes responsibility, should begin to take a course of action. The
Mayor will write to Forester Pimentel concerning this.
Fire Chief Francis Miller presented his report and it is on file in the Village Office.
Treasurer Wheeler presented his three months' report and suggested Board caution'
in authorizing further expenditures in the streets account since funds are low due
to the numerous projects which have been performed during the first three month
period of the fiscal year. He did advise the Engineer, however, to proceed with
the work which needs to be accomplished on the sewer project under route 13.
The attorney reported that he has contacted Fred Grout of the Department of Trans-
portation concerning Village ownership of Tyler Drive within the Village of Cayuga
Heights and stated that Mr. Grout will seek further information concerning clarifi-
cation of Village rights for its use and maintenance in the event the Village does
not wish to abtain legal title to the road.
The Attorney, after reviewing correspondence and invoices from Pickard and Anderson,
advised the Board that the final agreement between the Village and that firm stated
no clear -cut amount for services but was based on estimated figures. Discussion
ensued concerning the problems associated with the involvement of the State in the
matter of additional requirements for obtaining a permit for sludge removal and
disposal at the Sewer Plant. It was suggested that the Mayor write to the state
legislators to enlist their help regarding procurement of such permit, and that he
write to Pickard and Anderson to inquire whether the new figures are final and will
cover all costs that the Village may incur in obtaining this permit.
Attorney Sovocool reported that he has reviewed the information received from the
State concerning the administration and enforcement of the State Building Construction
Code and State Building Conservation and Fire Prevention Code the purpose of which is
to provide for a minimun level of protection as of March 1, 1982 until a New York
State Unifrom Fire Precention and Building Code is developed which will have state-
wide applicability when it takes effect on January 1, 1984. After some discussion,
the Board decided to take no action until such time as the State had developed this
uniform code.
Trustee Robinson was excused from the meeting at 9:30 p.m.
Police Chief McEwen gave his report and it is on file in the Village Office.
' Chief McEwren reported the following bids for the telephone system to be installed
in the Village offices:
Executone Telecommunication Systems - $4,991.00; All -Mode Communications - $5,040.00
New York Telephone - $8,500.00
G'S Minutes of Regular Meeting - November 16, 1981 page 4
Motion made by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 3250 - ACCEPT BID FROM ALL -MODE FOR TELEPHONE SYSTEM
VOTED to accept the bid from All -Mode Communications for a telephone system to be
installed in the Village offices at a cost of $5,040.00. The Board accepted the
All -Mode bid because the cost to the system and anticipated future maintenance
contract will be less expensive than these of the other bidders and also on the
basis of the strong service organization of All -Mode located in Tonpkins County
Unanimously passed.
Engineer Rogers presented his report and it is on file in the Village Office.
Zoning Officer Rogers reported that the permit issued five years ago to Rosetti
Associates, Inc. to operate a restaurant at the Community Corners expired on October
18, 1981. The Hoard instructed the Zoning Officer to review the conditions of the
permit before renewing it.
In response to a letter from Mr. John Zayac of 821 Hanshaw Road requesting permission
to use his home as an office for a used car dealership, the Zoning Officer is in-
stucted to inform Mr. Zayac that his request is denied on the grounds that the
Board does not consider this line of work a profession.
Motion made by Trustee Anderson, seconded by Trustee Philbrick:
RESOLUTION 3251 - APPROVE FEFUND TO TOWN OF ITHACA FOR ERRONEOUS SEWER BILL
VOTED to refund the Town of Ithaca $78.12 for a sewer rental charge erroneously
billed to them which should have been sent to Town of Dryden for the property at
10 Meadowlark Road. Unanimously passed.
Meeting adjourned at 10:15 P.M.
Anne Krohto
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