Loading...
HomeMy WebLinkAboutTB Minutes 1970-12-07r-.:> TOWN OP ITHACA Regular Board Meeting December 7, igfo • n n • • li. '■ At a regular meeting of the Town Board of the Town of Ithaca, Tbmpkins County, New York, held at the Town lOfficesr^at --108 East Green Street, Ithaca, New York, on the 7th day of December, 1970,At 5:00 P.M., there were: ^ PRl^ENT: Walter Schwaj;), Supervisor -.a- Noel Desch, Councilman , I Andrew W. McElwee, Councilman Robert N. Powers, Councilman • i? ^ bu-- AiSENT: Victor Del' Rosso, Councilman ALSOPRESENT; James V. Buyoucos, Town Attorney Marion Morey, Highway Superintendent David Cowan, Town Zoning Officer Peter Prancese, Planning Consultant Barbara Holcomb, Planning Board Norman Jordan, Eastern Heights, Inc. Vincent Pranciamone Mrs. Roger Livesay Other residents of Town of Ithaca Members of Radio, TV, and Press Supervisor Schwan called the meeting to order at 5:00 P.M. LOCAL LAW NO. 2 - 1970 - PUBLIC HEARING Proof of posting and publication having been presented, the PublicHearing with respect to proposed Local Law No. 2 - 1970 was called■to order at 5:00 P.M. Supervisor Schwan briefly explained the purpose of the proposed local law and Town Attorney, James V. Buyoucos,presented the legal background of the law. No persons desiring tobe heard having presented themselves. Supervisor Schwan terminated the Hearing. Motion by Supervisor Schwanj seconded by Councilman Desch,RESOLVED , that the following, be adopted as Local Law No. 2 - 1970 of the Town of Ithaca; ^ v - BE IT ENACTED by the Town Board of the Town of Ithaca, as fol lows : Pursuant to the provisions of Section eight hundredsix or the General Municipal Law, the Town Board of the Town ofIthaca recognizes that there are rules of ethical <idhduct for piib3.1cofficers and employees which must be observed if a hi^'"'dBgree ofmoral conduct is to be obtained and iff public confidence' is to be ^maintained in our unit of local goveffaf^ant. It is the purpose of this local law to promulgate triese rules of ethitPal conduct for the officers and employees of the Town of Jthaca. These rules shallserve as a guide for official bonduct pf the officers and employees P" of the Town of Ithaca, The rules of ethical conduct ofcthis locallaw as:'jadopted, shall not cor^fliet with, but shall be in addition toany prohibition of article eighteen of the General Municipal Law or any other general or special law relating to ethical-conduct andinterest in contracts of municipal Officers and employees. 189 - 2 - (a) "Municipal Officer or Employee" orpcer or employee of the Town of Ithaca, whether paid or unp^d^, including members of any admiiiistrative board, commission or ® ^S®i^cy thereof ; No person shall be deemed to be a municipalorrlcer^. or employee solely by reason of being a volunteer fireman or ciVil defense volunteer, except a chief engineer or assistant chief engineer • . "Interest" means., a .pecuniary or material benefit wife Requires officer or employee unless the context othef- ... Section 3. Standards of Conduct. ' Every officer or employee ofthe TO wn of Ithaca shaii oe subject to and abide by the following - . standards of conduct, but in determining whether or not there has standards, there shall be taken into account ^ J. 1 -W—.wc oojveil XII l/U accoonWhether or not such person acted to the rbest :of his knowledge: infor mation and belief, and whether he acted, in gbod faith: shall not directly o;r indirectly, solicit acdept^or receive any gift having a value of twenty-five more whether in the form of money, services, loan, travel, i thing or promise, or any other form, ffiff which it could reasonAbly be inferred that the to influence him, or could reasonably be expectedperformance of-his official duties or wasintended as a reward for any official action on his part. ^ Information, disclose bdn-' acquired hy him in the course of' his'bffieial^autles or use such information to further his personal interegtl ^ rA>oiTro ,,1 ^ Before One's Own Agency. - He shail"hot^ sltio^for agreement; express or impiiedv' f anv rendered in relation to. any matter before an^mnn?n?"r.iP^F an Officer, member, or employee or w dUrisdictibti hr -to-which'hfeimember, -offiber br^efejolb^eeJ ••* .Representation Before any Agency for a Contingent Pee,He shall^not receive, or enter, into : any agreement; express or^-: ' ^ for compensation fh-r* ae-riH nae xl •—_•t;Uk-i4^,a i, «**or a,&iccmcriv, CAyxeaH or . - u K 2?^®^® services to'be rendered in relatibh-to sk?iSn^?????!%; cbm^en- ® Provided' that •tfeis.pai'agrafli-Shall ftbt-r-p#bhlblt the-fixing at any time 6f fees-'based'ubon-the: reasonable value of the services rendered. .nv n n n n n. ; .■ (®) . Disclosure::of' Interest' in legislation-. -To' thS'he knows' hereof . a member ot': x«,/; ci:P4>4 ^ v ' ^'"4 the^official record' the ' natures ahds extSnt.; of anV:: directfi'hahciSl interest''he hes in;-such-legisaation. ^ or' ^bld SyJ^nvestmbnt; directly or mairectiy .in an|^L ;i r lrj^^deial, bUPiheb's, ' ^ebfiimerbial or bther' privates transactlbn/'(WhlLch creates a conflict with his official duties. re c: • /r (g): ^rivsc^^ployment iVle "shair'^t ^g)^^ in,r solicife n^bti'^te f or' br- •p'romise - to' iLOcept:i private-;employment• orr; render? fe er^ pi^vate ihterestS'^-When- suchv-empl-oyment ;or service^icreatese bbrtf liCt with or-iiMpeirsv the''proper? disctfkrge of: his ' officlalr ■ ^ clutle's;5.,i>;:^.'^^/> ?^rpcin'" ■ >~y P. p"; X , .. QS/r y.9"^"^iriy ^'.ycncv Vc r a ' ■■ u •rU'^rTit "V-e .•V'p. . -'.p-' -■■:, -ir '^nyyr ^ •pa''.o'arV "eP:.:? PPf.:P;•-'-p-pT-rTor fp'pX rar-'P-r-p la i-al a^Ula'-Pc 3«rr--.v: ; of h.l?r rf-uni i.Py „ ' ■' ■ ■•' *-'■■ .eoi !r -; ':, f!.-. .-ly a(-.aa '-ra ?-'aP'.PiV ra' ■ ■'-■ aa-'av-'^ ja"cvj -.;ry '"P-^ a a,"""aV.l'! ■•rai':! aap-e- ""a 'P' i h'^e 'vt' P;aPad'.ua ,r. P,-;iP l- "■• ■ •?• ■? .a-ca,-^ r-nd .? •■ .;? , p-r«"a ■ : a...". '■' 190 - 3 - !. fh)' I^ture Employment. He shall net, Ufter the termina-"tlon of service or 'employment with such munici^ali'ti^V appear before ;= any board or agency of the Town of Ithaca ih: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 fl timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town of Ithaca, or any agency thereof on behalf of himself or any m|ti^ber of his family ^ arising out of any personal injury or,, property d^age or for any lawful benefit authorized or permitted by law. Section^5» Distribution of Code of Ethics.'^ The Supervisor of "the Town of Ithaca shall cause a copy of this'Obde of ethics to be distributed to every officer and employee of the Town within thirty days after the effective date of this local'i-lsivJl 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 euiy penalty contained in other provision of law, any person who.shall knowingly and inten- tio:nally^Violate any of the provisions of "^is cpde; 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 local lavf'shall take effect twenty days after it is nied as provided in section twenty-seven of the Municipal Home Rule Law, Unanimously carried. _ APPROVAL OF MINUTES Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that the minutes of the meeting of November 5', 1970 and adjourned regular meeting of November 10, 1970 be approved as pre sented. Unanimously carried. NEW YORK STATE BIPLOYEES:' RETIREMENT SYSTEM Mr, Donald Rosenbaum presented to the Board various types of retire ment systems available to the Town for its employees, indicating that the Town now has the Basic Plan with 3% Reserve for Increased-Take- Home-Pay (estimated annual normal rate of 13.55^). Mr. Rosenbaum recommended to the Board that it now move on to a non-contributory plan requiring no contributions from the employee (estimated annual normal rate of 17^15^). Under this plan all employees are eligible for retirement allowance at age 55. He ;outlihe<i ther benefits of w»o new plan as follows: (1) The most obvious benefit for the employqe..^- it is non- contributory. A double pension benefit. ^ r.iv.r n 3) Everybody is :pligible to retire at :age '*55. Improved death benefit. ... M 5) Better benefit under vested rights. ' >.. • 6) Savings in administrative work for the Town. Mr. Rosenbaum noted that if the Town were to pass-on bhis new plan at this time or. anytime up until April 1, 1971 the first payment on the plan at the increased rate would not become due until June 15, 1972. He further noted that;since municipalities cannot offer the same inducements to prospective employees as private industry, this improved retirement plan could serve as additional incentive. - 4 - Supervisor Schwan thanked Mr. Rosenbaum for his presentation and Board has until the end of March to make a the Board would look into the proposed plan and make a decision sometime prior to March 31, 1971. SNOWMOBILES " • • ' ;.i. Supervisor Schwan read a letter with regard to snowmobiles from Councilman Victor Del Rosso (who was not able to be present at the thP letter the thoughts ofthe Snowmobile Committee (James V. Buyoucos, Andrew McElwee, and P^^ancese, Planning Consultant, namely, ' i f f f State erred in allowing snowmobiles on the high- j State has licensed these vehicles they-should beallowed on the roadj (2) determine which roads would be considered n hazardous due to heavy traffic and/or insufficient shoulder width: ' n fll limit of 20 to 25 MPH; (4) 10:00 P.M. curfew;(5) fines ranging from $5 to $100. Schwan read a list of recommendations from the Planning^ard with respect to snowmobiles, as follows: (1) interested parties to present to the Town Board a list of roads which they nf+fa possible for snowmobile use, including comments on traffic'patters, shoulder width, etc.; (2),such list be referred to the comment and recommendation before action by the : consideration be given to establishing set time t>e . operated In the township. . j. D^dblems tM? ® S- ■fche_, ^biguity of the State la% ahd'what ",posed for Towns. _ in view of- this 'ambiguity. Super-concei'ned as to how far the Town should go in the nf ® snowmobile ordinance at thj.s time. He was concernedf°®?f ' for posting snowmobile+-v,i 1 f® Councilman Desch expressed concern ., ,r.®®® roads and the need to be selectivenr i" "®®- ®°'"® qnestion-'wh'ether the- Town ,,,,'fhff has^anyyfipntrol of; Gouhty rbads' ■ Attorney: BuypUco's V!w®wf "ff Ibre -apecific i'n this-i^gard^P^o^f^ly jhe only rfeally. safe-thih'g-to do would be-toprohibit snowmobiles entifel3r, but 'that' there is'-gf'eatec'dhomir pi-bs- fff and pr®ssur® from ^ebple' who Use- Snombblles''as a forfii of' fec4-%;-^^®'^®J ?nancbaeA Planning'CohsUitaht, suggested that the -l'-'matter be referred back tP 'the Planning Board;--that they go bVef''"^' hu2! ° -S®• 'qnsstion • with; Town Highway-gupefintehdent' Mai-ibnMorey,. ^d invite persons intefested- in the prombtibn bf' snowttbbiling,to m®etings of the Planning'Boardi Mr. Buyoucos suggested that the 4^so invite some people who are interested in ® 9^ snowm&biles-'t'b''''t'h6se ine'etings' in' bfder - t'bi ha-vePisp^ssion; and fUrthe-f - that such meetings 'shbUl'd bei'' Wide';-'-ly-advertised.;■ -j ih.-.,. ^ ^^hncilft^ McElwee pre s'ented a- list,' of roads • whiGh had been workedj^"fcwrney' ^(most^iy -Town 'roads)wasV geh'eraldl^cussibn of this Iis% oT rbadls"; . -T^ oTi speedZtimitS j alternative rbutaS'^ an'dr thejhbl^se ifactor v . , 1 ^pex^spr Scdiw^ questioned' wheth^i^anb^obiTe ordlnanoev i:&^in ;"tne best interbs^s 6f the^ iiieiorlt^ ■ bC- the' pebple of^ the Town'iiof r -Ixb^ca.-- V'r. - - ' ' u:- r-jw . Vr. / ?.V ... -ic^- r: : ..•OfJ'-ic-rnr.'V" ■®ier.e_ wa$ a qiiestibh froin^ brte bif ^the*'4>bwhspebple^ present -as.Itbt-:wlJ^brv,;ainy'^^ :by ithe-Btate cbrae :back to: the : e/o!Tbiinb.. } bplhlbh i^<as that n'bthing was- returned to the' Lvc *^6' Whole snc^Mbbi'ie ffi atter- WeS 'referred back-ito the- KLanriing fidardvMr.; Prahce^;4tg^ the^lreeponsibllity 'or ^oheckin^ Into ithe o Gouhty -thejr 'ere doing abou^t :their; roads.rn^-fhb Planning'rebbmmehdatibhs to^^ t Town Bbard. ^ 192 - 5 - DR. BROADr - VINCENT PRANCIAMONE - ZIONING VIOLATION '' " •% ■.'. : T : ■ ' '• This matter is still pending. ~ APPOINTMENT OF RECEIVER OF TAXES Motion by Supervisor Schwan, seconded byi'Councilman McElwee, P] RESOLVED, that the resolution of October 12, 1970 meeting appointing Edward L. Bergen Town Clerk be expanded to include also'his appoint- ment as Receiver of Taxes, effective January 1, 1971. ■Unanimously carried. AUBLE CONSTRUCTION COMPANY - HOLDBACKS ON NEW EIWD .■ r- There was discussion of the three holdbacks involved and Supervisor Schwan indicated that he would contact Lozier Engineersr and ask themto confirm that these holdbacks should be paid and determine which one is involved in the insurance claim. COMMUNICATIONS I \ •• Supervisor Schwan read a letter from ,Cayuga Heights Fire Chief NedG. Boice regarding fire hydrant inspections ,at th^^.Northeast School and whose duty it will be to check these hydrants (in the future. He also read a memorandum from Mr. Boice to Pat Hannan and a memo from Water & Sewer Department to Mr. Boice. He read also excerpts from contract for water services for the Snyder Hill Road Water District this raised the question as to what constitutes "service" and whof^yforms it. This matter,, was left that the Supervisor and the Board" 111 study the contract further.n INCREASE IN INSURANCE COVERAGE Supervisor Schwan recommended that the Town increase its excessliability insurance from $1,000,000 to $5,000,000 and increase the deductible feature on collision insurance for Town trucks from $100to $250 deductible, as recommended by Robert Boothroyd at the meeting of the Board on October 12, 1970. APPOINTMENT OF CHAIRMAN OF PLANNING BOARD I- " Motion by Councilman Desch; se6ihded,,^y .Coijv^'ilman^^^^ RESOLVED, that Barbara HoicombV-Acting Cliaiman of the PlanningBoard, be appointed Chairman of the Planning Board, effective immediately. Unanimously carried. APPOINTMENTS TO PLANNING BOARD AND ZONING BOARD OF APPEALS Appointments to existing' vacancies or vacancies;which Will exist at yearns end were tabled .until the Annual and Audit Meeting of bbe Board which will be held December 31, 1970. ROGER B. SOVOCOOL AND ACTIONS AGAINST THE TOWN There was some discussion of a possible conflict of interest with respect to Roger B,- Sovocbol*s membership on the Board of Zoning Appeals and his representation of the Comptons in actions, against the Town of Ithaca-. It was the Board's feeling that Mr. Sovocool should remain on the Board and attend its meetings but disqualify himself in particular instances where his two functions might be in conflict. n - 6 - ELIMINATION OF JOB CLASSIFICATION AWD APPOINTM^jfe / Motion by Councilman McElweej seconded by Coutibjiim^ Lesch, RESOLVED, that the job classification "Senior'A^Cpiiht-Cierk Stenographer under which Mrs. Searles was hired"^e;;eliminated and that Mrs. Cynthia Searles be appointed "Deputy Town Clerk", effective immediately. Unanimously carried, i .APPOINTMENT OF DEPUTY CLERK (TEMPORARY) /-^ McElwee; seconded by Councilman Desch,RESOLpD, that Mrs, Ida Monks be appointed-Deputy Clerk for the ' 19p through February 20, 197I to assist with the 4?c Art taxes and the Issuance of dog licenses, at a salary ofi|>rp,uu per week, " Unanimously carried. FOREST HOME BRIDSES thls^tlme discussion of this matter but no. action was taken at AIWTUAL MEETING OF ASSOCIATION OF TOWMS n Co^cilman McElwee; seconded by Councilman Powers, RESOLy^, that attendance and-necessary expenses be authorized for' Association of Towns to b,e held February 8, 9 and 10, 1^71. I ' ' 'Urtanimously-cafMed.; MAILIHG. 1971 TAX Fn-T.rj:! - RFSOTlvRn^ seconded by Supervisor Schw'an,' -5^ 5®-to mail tax billsfor the year 1971 on Decpmbp^„>3l^^^^^ HIGHWAY EQUIPMENT'BIDS ' " ; - v-,- V-^ ' i WH^EAS, by Resolution of the Town 'Boarjd - on -O'otdber 12. IPYQ v :.Marion_Morey, Ittghway Superintendent,, was authorized to prepare IfirtSe^S.llerrLd^^® snow plow.,-7spl-eaderVraiidcsmall^- 1 ft' Trt Notice to Bidders was publishedf of ficial newspaper of-the- Tdwn of TthAeaj -'artdposted on the bulletin board in the office of the Town Clerk at lOS East Green Street, Ithaca, New York; and fn,N were opened in the ^ Ithaca-by the Town Clerk at 108 EastGrpen Street j Ith^cay New • YoRk., - arid' the foli-^wtrtg' bids • • rec<?i.ved y. ^ ^ -(Cinder-Spreader-r oswdgd 'Sdai &' S . ' $ -3^157,00 ; ^ Y; ^TaRarit Mfg,' Co, ^ - - : ^ 2,917.73 j i Walter M.; Roberts Enterprisesy Inc. 2,04l,00 Hanna & Hamilton, Inc. ^ ' l;799.00 ii • Duna)^. Tr.ucEL::f'.:i - -iBRockway Motor Trucks l4,625*, 00 v; n > . . ' 14,556,00 Tandem Roller:; - Ken Smith Machiri^Ry'Syra^ 5^050,00 / - ' ' Cayug#Leasingi:-Irtpe 7,495.00 (not to specifications) ^ - ^Jftar Blackwell, Inc. 5.322^00 (only bid received] , oy re-lov..} ^yr-vr • .-r::;-v..: y r--v :r!v;-sv-:.y J.: •' i' . - • . ■! •' o 194 - 7 - Upon motion made by Supervisor Schwan; seconded by Councilman McElwee, it was; : ^ ^ RESOLVED, that the Town Bpardi^ with regard to the cinder spreader, .accept the low bid of Hanha & Hamilton, Inc. in the amount of $1,799.00. and that pursuant to Section■142 of the Highway Law the Town Super intendent of Highways is hereby authorized to purchase from Hanna &Hatailton, Inc., with the approval of the County Superintendent ofHighways^ the said cinder spreader. Unanimously carried. Upon motion of Supervisor Schwan; second^ed by Councilmain Powers, it was ■ RESOLVED, that the Town Board, with resjpect to the dump truck, acceptthe low bid of Cayuga Motors in the amount of $14,556.00, and thatpursuant to Section 142 of the Highway Law the Town Superintendent ofHighways is hereby authorized to purchase from Cayuga Motors, withthe approval of the County Superintendent of Highways, the said dump truck. Unanimously carried. Upon motion made by Supervisor-Schwan; seconded by Councllmart McElwee, it wasRESOLVED, that the Town Board, with regard to the tandem roller,accept the low bid of Ken Smith Machinery Syracuse, Inc. in theamount of $5>050.00, and that pursuant to*Section" l42 of the HighwayLaw the Town Superintendent of Highways is ■,her'|6y authorized to purchase from Ken Smith Machinery Syracuse, -[110*,-^yjith the approval ofthe County Superintendent of Highways, the Said' tandem roller. Unanimously carried. Upon motion by Supervisor Schwan; seconded by CouncilmauiDesch, it was .RESOLVED, that the Town Board, with regard to the snow plow, accept orily bid) of Charles J. Blackwell, Iiic, in the amountof $5>322.00., and -that pursuant to Section 142 of the Highway Lawthe Town Superintendent of Highways is hereby authorized to purchasefrom Charles J. Blackwell, Inc., with the approval of the CountySuperintendent of Highways, the Said snow plow. Unanimously carried. ADJUSIMENT OF RATES - NORTHEAST SEWER - HANSHAt? ROAD SEWER A method of charging units in the Northeast arid Hanshaw Road sewerdistricts was discussed. The.Board was not inblined to make any decision on this at the present time and the matter will be takenup again at the next Board meeting. REPORTS Town Attorney, James V. Buyoucos, noted that he is 'in in the Lucenti matter next week. ' n David Cowan, Zoning Officer, reported that he had had a conference with Justice Hartsock and that there has been a heW'development.Lynch Construction has gone into Receivership. -Mr/ Cowan said he Would request permission to suggest to the Zoning Board of Appeals that if this turns out to be a fact that the present permit be voided on the basis that there would be a new operator involved. Peter Prancese, Planning Consultant, noted that there would be a meeting next Monday, December l4, 1970 at 7:3© to discuss the Zoning Ordinance. n - 8 - CONTINUATION OF PLANNING CONSULTANT ' ~~~~— Barbara Holcomb, Chairmai^ of the Planning Board, stated that the Planning Board has recomi^ended that Peter Prancese be continued in the same capacity under which he was hired this year, with the Impli cation that his continuation would involve the completion of the Zon ing Ordinance. ^ There was some discussion of Mr, Prancese's role and function with the Town of Ithaca and comment by Mrs. Livesay with regard to the Town^s contemplated overall plan, including the new proposed Zoning Ordinance, population studies, projections, land use studies, etc. Mr. Prancese explained that most of these matters were covered by the Zoning Ordinance work in progress and future land use map, and County in the 701 Plan application which is being written in consultation with the Town. Mrs. Livesay felt the Town had to do its own study rather than count on the County, that the ^wn had to work with the State and County in anticipating problems, pie Board felt inclined to wait and work with the County rather than to do its own study at this time. There was some further discussion and then the following motion was offered: . / : Motion by Supervisor Schwan; seconded by Councilman Desch, R^OLYED, that Peter Prancese be retained as Planning Consultant for the Town of Ithaca for the year 19TI at a salsiry of $6,000.00. - Unanimously ;Carried. APPROVAL OP WARRANTS Motion by Supervisor Schwan; seconded by Councilm^ DeVbh,• '• RESOLVED, that the Warrants dated December 7, 1970, iff t'he following amounts, be paid: Qehe^^. : / i . $ ll,9q9;24 Highway i 5,040.1^ " " ' ' Unanimously carried'. ADJOURNMENT : The meeting was adjourned at 7:00 P.M., • V Edward L. Bergeh Town Clerk I' ,• ^ I : r n