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HomeMy WebLinkAboutSpec Mtg. Minutes 2/22/199970 Minutes of Special Meeting February 22, 1999 VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes of a special meeting of the Board of Trustees of the Village of Cayuga Heights, held February 22, 1999 at 4:30 PM in the Village Hall. PRESENT; Mayor Anderson, Trustees Kira, Fleming, Bisogni, Kusse, Meinhardt; Attorney Tyler; Treasurer Silber, Superintendent of Public Works Cross, Clerk Kord. ABSENT; Trustee Collyer EXCUSED; Police Chief Lansing, Fire Chief Day. The meeting was called to order by Mayor Anderson at 4:30 PM. Motion by Trustee Fleming, seconded by Trustee Kira, VOTED to approve the minutes of the regular meeting of January 18, 1999, as corrected with a clarification on one item in the Treasurer's Report, and also approval of the minutes of the regular meeting of February 15, 1999. Trustees Fleming, Kira, Bisogni, Kusse and Meinhardt voted YES. ............ ... Amgen ... amp .... ............ ...... .... .... ................e The Mayor reported on the following: He had a letter from Stuart Stein, Chairman of the Electric Power Committee, asking that Cayuga Heights join with Tompkins County and Tioga County to purchase electrical power from NYSEG Solutions, Inc. This will result in a savings for customers. This is a two year commitment. See Exhibit "A ". It was felt the Village would benefit, especially from sewer plant electric usage. RESOLUTION -4982 Agreement to purchase electrical power with NYSEG Solutions, Inc. Motion by Trustee Fleming, seconded by Trustee Kira, VOTED to agree to purchase electrical power with NYSEG Solutions, Inc. Trustees, Fleming, Kira, Bisogni, Kusse and Meinhardt voted YES. There was a Call for Cooperation and Resolution to Endorse a Watershed Study for Cayuga Lake proposal put before the Board by the Mayor. This is an intermunicipal organization and there are no costs to the Village involved which will focus on water quality and resources in the study area. See Exhibit "B ". RESOLUTION 4983 — To endorse a Watershed Study for Cayuga Lake. Motion by Trustee Fleming, seconded by Trustee, Kira, 71 VOTED to cooperate and to endorse a watershed study for Cayuga Lake. Trustees Fleming, Kira, Bisogni, Kusse, and Mcinhardt voted YES. There was a letter from the Cayuga Medical Center notifying us of their corporate meeting in early April and about David Wall's term ending as a corporate member on their Board. Ken Lansing was suggested as a replacement. It has come to the attention of the Mayor that there is a need to make arrangements to provide facilities for the hearing impaired, the blind, and non - English speakers at public meetings. There is now an informal arrangement in place where Cornell will provide, with advanced notice, signers and interpreters. Trustee Mcinhardt suggested that the Board consider making this a universal policy for all departments. This matter has been deferred until the next meeting, when Chief Lansing will be present to comment. - There will be a public hearing on Feb. 25, 1999 at DeWitt Middle School for the report of the Northeast Subarea Transportation Study. - There are several EMC vacancies in the county. The Mayor is looking for replacements. - The Cable Commission has been meeting and is in negotiations with Time Warner to increase quality of lines and updating the I -net sites. - The Joint Youth Commission advised that they will not be contracting with the Youth Bureau for municipal jobs for youth this summer. - A letter from Mrs. Davis, on North Triphammer Rd. who asked that a better sort of salt be used on icy sidewalks. - A letter from Sheldon Smith, regarding the Deer Management Survey. He felt that the only reasonable way to control the herd was to let Nature take it's course. - There have been a series of complaints from Mr. Turk on Triphammer Rd. about the trimming of his hedges on his property by the DPW. Although the Board felt that Mr. Turk should have been notified ahead of time and given the opportunity to trim the bushes himself, they felt that the DPW was within their right to trim them. The Mayor noted that there were several other Village properties that also needed bushes trimmed back and some NYSEG wires that need to be raised to allow the sidewalk plow to pass by. He received copies of a request for the adoption of a cat ordinance that was discussed at the regular meeting of February 15, 1999. This matter was deferred until the next meeting. Trustee Mcinhardt asked about the status of the controversial monument in Sunset Park Supt. of PW Cross informed her that the changes had been made and that he did not feel that it was a safety concern since the seat -back in question was anchored on a concrete footer. Superintendent of PW Cross asked for a resolution of the Board to rescind Resolution 4975 of January 18, 1999 to purchase a Gehl Skid Steer Loader, and to accept the second low bid which was the Bobcat Loader. The DPW felt that there were several safety concerns as well as aspects of the Gehl equipment that did not meet the specifications necessary, which are listed in the Report on file of the Supt. of Public Works. The prices of the two machines are very similar, the Gehl bid was for $20,600 and the Bobcat was at $21,030. The issues discussed at the Board's February 15°i meeting and in Superintendent of Public Works Report to the Board for January were re- iterated. RESOLUTION 4984 — To rescind Resolution 4975 and to purchase Bobcat Skid Steer Loader 72 Motion by Trustee Fleming, seconded by Trustee Meinhardt, VOTED to rescind Resolution 4975 of January 18, 1999 to purchase a Gehl Skid Steer Loader and to purchase the second low bid, the Bobcat Skid Steer Loader at $21,030. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. Supt. of PW Cross announced that the second test of sludge for the land application on the Dennis Landis farm in Seneca County by Yaws confirms the findings of the first satisfactory test. With the additional information that was acquired by the Mayor from Comell Professor Murray McBride (soil crops), it was felt that the Village could safely proceed with this application, on the condition that there continues to be monthly testing until such time it is determined unnecessary, and the Board approves. There was a discussion of the crops to be grown on the land, the length of time that this site could be used, and Trustee Meinhardt brought up concerns about macrobiotic contaminants. RESOLUTION 4985 —Land application of sludge. Motion by Fleming, seconded by Bisogni, VOTED to allow Yaws to move ahead with the land application of sludge on the Dennis Landis farm in Seneca County with monthly testing of the sludge until such time as the Board modifies the requirement. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. There were two bids opened on February 19, 1999, for a new Garbage Packer. They were $23,900 and $21,200. There was some discussion of the merits of these new packers. Supt. Cross is reviewing the bids and will have a recommendation at the next meeting. The Tompkins County DPW wants to hold a Public Hearing at the Village Hall in reference to a replacement bridge to be built on Renwick Road. They offered that it be held at the time of the next Board Meeting. The Board, not a party to the hearing, directed it to be scheduled at other than at their meeting. There are two vacancies on the Tompkins County Fire Advisory Board. The Fire Company has made proposals for new members. RESOLUTION 4986 — TC Fire Advisory Board Vacancies Motion by trustee Fleming, seconded by Trustee Kira, VOTED to appoint Michael DiVenti and William Evans as member of the Fire Advisory Board and Robert Day and Jon Pique as Alternates. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. ....... ... ..... ... ........................ ..............................� 73 After approval by an outside consultant, it was decided that the proposed amended Sexual Harassment Policy as described in a letter from David Tyler to the Village Board, dated Nov. 2, 1998, would be acceptable. Copies previously sent to Board of Trustees. See attached Exhibit „C„ RESOLUTION 4987 — Approval of amendment to Sexual Harassment Policy Motion by Trustee Meinhardt, seconded by Trustee Fleming, VOTED to approve the amendment to the Sexual Harassment Policy as described in a letter dated Nov. 2, 1998 from David Tyler to the Village Board. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. The Clerk shall distribute a revised Personnel Policy to each department with the change incorporated. . Treasurer Silber discussed the various alternatives available for the Village Health Insurance. The renewal quote for our current Blue Cross/ Blue Shield policy for April 1, 1999 has gone up approximately 25% in one year. He currently has information on an alternative plan from Blue Cross/Blue Shield, Health Now, and the Empire Plan from the State of New York. At this point he recommends that the Village proceed to negotiate with Health Now. He will meet soon with the PBA to discuss this plan with them. He feels that this program is very similar to our current program and would achieve a considerable savings. Treasurer Silber will bring this up for action at the next meeting for a May 1, 1999 transition. Treasurer Silber now has all the information necessary for budget preparation from the County Assessment Office. There was a discussion of the recommended salary increases for Village employees. It was.decided that a 4% increase would be appropriate. ... ........ ..... muumuu ... ......... ... ..... ..............................I RESOLUTION 4988 — Approve Transfers Motion by Trustee Fleming, seconded by Trustee Kira, Voted to approve transfers: From: To: Amount A1990.4 Contingency A1110.41 JusticeContrExp $ 750 A1990.4 Contingency A1620.42 Village Hall Supplies 1,500 A3410.41 Fire Dept Other A3410.45 Fire Dept Contr Exp 2,500 A1990.4 Contingency A5142.42 Snow Removal Supply 3,500 A1990.4 Contingency A5142.49 Snow Removal Equip Mt 100 G1990.4 Sewer FundContingG1950.4 Taxes/Assessment 200 G1990.4 Sewer Fund ContingG8130.41 Sewer Plant Other 500 G1990.4 Sewer Fund Canting G8130.42 Sewer Plant Supply 10,000 VOTED to approve the Abstract of Warrants dated February 15, 1999 in the following amounts: General Fund: $43,893.82; Water Fund: $237.29; Sewer Fund: $494.43. There were two corrections to the Abstract of Warrants. On page 4, Godwin Pumps should be substituted for Goodyear Auto Service and on page 2 the correct account number for Gall's, Inc. should be A3410.425. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. .......................................... ............................... Motion by Trustee Fleming, seconded by Trustee Meinhardt, VOTED to enter Executive Session at 5:44 PM to discuss an item of personnel and two items of existing or potential litigation. Trustees Fleming, Kira, Bisogni, Kusse and Meinhardt voted YES. Motion by Trustee Fleming, seconded by Trustee Bisogni, VOTED to move out of Executive Session at 6:07. Trustees Fleming, Kira, Bisogni, Kusse, and Meinhardt voted YES. The Board reconvened into special session at 6:08 PM Discussion was had on the original approval of the chilled water line agreement with Cornell (Resolution # 4835 of May 19,1997) and the further findings of the Trustees (Resolution #4895 of March 16, 1998) and Comell's request for execution by Cornell and the Village of the final documents. The attorney explained Shirley Egan's letter of February 12, 1999 — copies previously sent to Trustees and Mayor. Motion by Trustee Fleming, seconded by Trustee Kira RESOLUTION 4989 — Approve and Authorize Transfer of Easement VOTED to Approve the Confirmatory Agreement For Grants of Land and Easements and Utility Infrastructure Replacement in connection with the Chilled Water Line Construction and Chilled Water Line Easement and Right of Way documents between the Village and Cornell University, with authorization to the Mayor for the signing of the said Chilled Water Line Easement and Confirmation Agreement. This approval and authorization is being given and the documents to be delivered by the Village Attorney to Comell on the condition that should, through no fault of the village, the deed and title papers for the small sewer plant parcel transaction be not delivered to the Village of Cayuga Heights by Comell Univ. by February 22, 2000, then Cornell Univ. will pay the Village of Cayuga Heights $10,000.00. Trustees Kira, Meinhardt, and Fleming, and Mayor Anderson voted YES. Trustees Bisogni and Kusse ABSTAINED (having disclosed their employment at Cornell). Motion by Trustee Fleming, seconded by Trustee Kira, Voted to adjourn at 6:20 PM Trustees Fleming, Kira, Bisogni, Kusse and Meinhardt voted YES. Elizabeth Kord Village Clerk 1 74 75 Exhibit "A' FORM RESOLUTION Resolution No. 4982 WHEREAS, the County of Tompkins and the County of Tioga entered into an agreement for the purchase of electric power with NYSEG Solutions, Inc.; and WHEREAS, the contract provides that political subdivisions within the counties may obtain electric power under the contract; and WHEREAS, the Tompkins County Board of Representatives adopt a resolution providing that political subdivisions within the County shall be included in such cooperative purchasing agreement upon the submission of a resolution approved by its governing body to the County Department of Finance; now therefore be it RESOLVED, that the Village of Cayuga Heights shall participate in the cooperative purchase agreement and may, thereby, purchase electric power under the contract with NYSEG Solutions, Inc.; and be it further RESOLVED, that a copy of this resolution shall be sent to the County Department of Finance. 6 1 1 i ! . CALL FOR COOPERATION and RESOLUTION TO ENDORSE A WATERSHED STUDY FOR CAYUGA LAKE WHEREAS, the Intermunicipal Organization is being formed to create, modify and implement a watershed management plan to allow counties, towns, villages and cities in the watershed to work together for the purpose of accessing dollars, cost savings, cost sharing and efficiency of activities among the municipalities, prioritize water quality issues, and WHEREAS, the Intermunicipal Organization is made up or municipalities within the watershed to oversee the development of a watershed management plan, and WHEREAS, this Board acknowledges the importance of water quality and natural resources of the Cayuga Lake Watershed, and WHEREAS, the size of the watershed dictates that cooperation between varied user groups will be essential in protecting this natural resource, NOW THEREFORE, BE IT UtESOLVED that this Board of the Town4illage City/ County of Cg gyag 9iWj�, _ ,p ll,participate irMheMrts 6f the Intermunicipal Organization to: 1) define the structure of the Intermunicipal Organization; 2) promote scientific analysis of the watershed's resources in order to determine the state of the watershed; 3) develop an education and awareness program to educate local residents and stimulate their interest in protecting the watershed; 4) develop coalitions for cooperation and participation in projects relevant to the protection of the watershed; 5) prioritize water issues within the watershed; and 6) participate in solutions to water quality problems, including possible sources of funding. THIS IS TO CERTIFY that the foregoing Resolution was duly adopted on 1999. Name Name Signature and Title ot'Presiding Officer hereby appointed as the delegate to represent Organization. November 2, 1998 Hon: Ronald E. Anderson Mayor of the Village of Cayuga Heights 116 Texas Lane Ithaca, NY 14850 Re: Village Personnel Policy on Sexual Harassment Dear Mayor Anderson: As a follow up to the letter from Laurie M. Johnston of our office to you of September 24th regarding the recent Supreme Court cases in the above matter and my report at the last trustees meeting regarding some recommended revisions to our sexual harassment policy, I am enclosing Laurie Johnston's memo to me of September 29, 1998. Attached to the memo is a copy of the present sexual harassment policy adopted last February by the Village. Pursuant to Laurie Johnston's memo of the 29th to me, we are suggesting the sexual harassment portion of the Village Personnel Policy read as follows: 18. SEXUAL HARASSMENT Sexual harassment is sexual discrimination, whether it is an explicit demand for sexual favors or the creation of a hostile work environment. sufficiently pervasive to interfere unreasonably with another member's work performance, and in all events is forbidden. Incidents of sexual harassment should be reported immediately to your Department Head or the Mayor or Deputy Mayor for prompt investigation, and corrective action, if necessary. If the person receiving the report, receives it in oral and not written form, that person shall immediately reduce that report to written form, including the following information: date of the incident, person(s) involved in the incident, any witnesses to the incident, substance of the incident, where and when (date and time) the incident occurred, what action, if any, was taken by persons present. The Department Head, Deputy Mayor or Mayor (as the case may be), will handle the matter within their discretion, including conducting interviews with the complaining party, the alleged harasser and any relevant third parties. The Department Head, Deputy Mayor or Mayor, will make corrective recommendations, if necessary, to the supervisor of the alleged offending employee after an investigation. The investigator will maintain a file to be kept separately from personnel files, unless a letter is included in an 1 I;- /wrG4 FILE COPY ,- TRUE, WALSH & MILLER, LLP 77 Attorneys at Law Peter J. Walsh The Commons Of Counsel Sally T. True 202 Fast State Street, Seventh Floor R. lames Miller Ithaca, New York 14850 Fred Weinstein John Moss Hinchcliff Constance B. Cook Elena Salerno Flash Stephen Yale -Loehr Rosanne Mayer Roger B. Sovocool George R. Pfann, Jr. Arthur A. Goodell David A. Tyler Hilary T. Fraser Telephone: (607) 277.4200 Telecopier: (607)272.6694 Cynthia D. Bond E -mail: dat©twmlaw.com Laurie M.Johnston WWW:http://www.twmlaw.corw November 2, 1998 Hon: Ronald E. Anderson Mayor of the Village of Cayuga Heights 116 Texas Lane Ithaca, NY 14850 Re: Village Personnel Policy on Sexual Harassment Dear Mayor Anderson: As a follow up to the letter from Laurie M. Johnston of our office to you of September 24th regarding the recent Supreme Court cases in the above matter and my report at the last trustees meeting regarding some recommended revisions to our sexual harassment policy, I am enclosing Laurie Johnston's memo to me of September 29, 1998. Attached to the memo is a copy of the present sexual harassment policy adopted last February by the Village. Pursuant to Laurie Johnston's memo of the 29th to me, we are suggesting the sexual harassment portion of the Village Personnel Policy read as follows: 18. SEXUAL HARASSMENT Sexual harassment is sexual discrimination, whether it is an explicit demand for sexual favors or the creation of a hostile work environment. sufficiently pervasive to interfere unreasonably with another member's work performance, and in all events is forbidden. Incidents of sexual harassment should be reported immediately to your Department Head or the Mayor or Deputy Mayor for prompt investigation, and corrective action, if necessary. If the person receiving the report, receives it in oral and not written form, that person shall immediately reduce that report to written form, including the following information: date of the incident, person(s) involved in the incident, any witnesses to the incident, substance of the incident, where and when (date and time) the incident occurred, what action, if any, was taken by persons present. The Department Head, Deputy Mayor or Mayor (as the case may be), will handle the matter within their discretion, including conducting interviews with the complaining party, the alleged harasser and any relevant third parties. The Department Head, Deputy Mayor or Mayor, will make corrective recommendations, if necessary, to the supervisor of the alleged offending employee after an investigation. The investigator will maintain a file to be kept separately from personnel files, unless a letter is included in an 1 �l 1 1 Page 2 Hon. Ronald E. Anderson October 30, 1998 FILE COPY individual's file as a corrective measure. The Department Head, Deputy Mayor or Mayor, will inform both parties of the results of the investigation. Corrective measures shall be direct and appropriate to the case, and may include altering work assignments, mandated counseling or other disciplinary actions up to and including discharge. (available civil and criminal remedies notwithstanding). Effective 2/16/98, revised As you can see, the change is to what was the first seven lines of the second paragraph of the existing policy. By copy of this letter to each of the trustees, the Village Clerk, the Treasurer, The Police Chief and the Superintendent of Public Works, I ask that all parties review this matter and be ready to respond with any comments or suggestions at or before the regularly scheduled November meeting of the Board of Trustees. If there are no concerns expressed before or at that time, I will recommend adoption of the revised policy on sexual harassment as set forth above. Please call me with any questions or concerns. PC: D. Wayne FIeming w /encs. Frank Collyer w /encs. Marian Kira w /encs. James Bisogni w /encs. Bruce Kusse w /encs. Patricia Meinhardt w /encs. Elizabeth Cord w /encs. Kenneth Lansing w /encs. Brent Cross w /encs. Jeffrey Silber w /encs. r.w+u Le Very truly yours, DAVID A. TYLER fin