MINUTES
of a meeting of the Board of Trustees of the
PRESENT:
Mayor Donald Hartill; Trustees Larry Fresinski, Lynn Leopold, Janet Beebe and
Frank Moore; David Dubow, Village Attorney; Jodi Dake, Clerk/Treasurer
Mayor Hartill called the meeting to order at 7:35 P.M. He opened the public comment period. There were no comments.
Motion-To Close the Public
Comment Period
Trustee Beebe moved to close the public comment period. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee
Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
The first item on the agenda was the proposed Settlement and Release Agreement from Computel Consultants. David Dubow, as he had done at the Board’s meeting on November 17, gave some history on the original arrangement pursuant to which the Village engaged the services of Computel in 1996 to seek possible refunds from NYSEG, the compensation to be payable on a success basis with 50% of the recovered refunds going to Computel. It was acknowledged that this matter was discussed at the November 17 meeting and that Dubow had encouraged Board members to speak further with Dennis Reinhart. Janet indicated that she had in fact spoken with Dennis, but was still unsure as to how best to proceed. Frank indicated that although he thought the settlement offer sounded reasonable when it was presented at the meeting on November 17, he also thought the Mayor should be involved since it was a monetary decision. Larry indicated that he didn’t think the Village should sign a release for that small of an amount of money. His concerns were shared by other of the Trustees, their main worry being that the small settlement amount would include a release and waiver of all liability claims against NYSEG prior to July 31,2000 other than the one specifically excepted in the Agreement. The Mayor asked David Dubow if something else came up, such as pole pollution, could the Village seek addition monetary compensation or would the proposed Settlement and Release Agreement preclude such a claim. Dubow explained that the broad and very inclusive language of the Agreement could very well release NYSEG from any and all claims. For $1,500, the Board concluded that it was not comfortable with the release and chose to take no action at this time.
Next
on the agenda was to consider the proposed Tompkins County Highway Division’s Municipal
Equipment and Shared Services Agreement. The Board generally acknowledged that
it is very happy with our current verbal agreements and municipal cooperation.
They feel it is working very well, and questioned why any change was in order.
They were also concerned with certain liability issues. David Dubow suggested
that if they did wish to consider this Agreement further, the Village should
first check with its insurance agent regarding the indemnification and
insurance provisions. The Mayor indicated that he will speak with his
colleagues at an upcoming meeting on Thursday to get their thoughts on this
Agreement.
Jodi
presented the Board with a new health insurance plan. She proposed that the
Village change the insurance coverage to the Blue Cross/ Blue Shield EPO. She
offered the following information: Currently the two covered Village employees
have a Blue Cross/Blue Shield PPO $500 deductible plan with a $25 copay. This
policy was started January 1, 2003 because the Univera Plan they had was no longer
offered. The Univera Plan was a $20 copay with no deductible. Geoff Wright of
New York Group Administrators presented Jodi and Dennis with another plan,
which has just became available. It is called Blue EPO 2 Tier Plan which
includes a vision exam rider, student to 23 and RX 10/25/40. This plan has no
deductible and a $20 copay for office visits. For an emergency room visit there
is a $50 copay and for a hospital admittance there is a $250 copay.
Jodi
also presented the following monthly rate comparison of the Village’s present
coverage and the new proposed plan:
Present Proposed Present with
BCBS PPO BCBS EPO 10% increase
Family $651.00 $658.00 $716.10
She
then explained that at their meeting, Geoff Wright informed her that the
present rates we pay will be going up 10-20% and that the EPO rates are good
for 2004. This new EPO Plan is cheaper than what the Village presently has, and
the staff welcomes not having a deductible again. It will end up being less
expense for the employees also since they will no longer have to meet a
deductible. Jodi had inquired as to why
it was cheaper, and Geoff explained to her that the insurance company had to
come up with a competitive plan. One draw back is that you must use a
preapproved doctor. However, the doctors that the staff presently use are all
included in the plan. Larry asked if there was a lifetime maximum or a yearly
maximum. Frank also expressed his concern that the employees and the Village
evaluate the coverages carefully to insure that the proposed new plan is in
fact comparable or better in all important respects. Jodi stated that based
upon what had been explained to her, it was comparable to our present coverage,
but she would check with Geoff to get more exact numbers. The Mayor stated that
it is the Board’s duty to make sure the employees have coverage and that the
Village can afford it.
Resolution#4009-To Offer the Employees the New Blue
EPO 2 Tier Insurance Plan which Includes a Vision Exam Rider, Student to 23 and
RX 10/25/40 to Take Effect January 1, 2004
Trustee Beebe moved that this resolution be adopted. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye
Motion-Approval of Minutes for November 12, 2003
Trustee Moore moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye
Motion-Approval
of Minutes for November 17, 2003
Trustee Leopold moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Abstain Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
During
Mayor’s comments, Don informed the Board that there was a meeting today with
the Group of 6 in the Village of Cayuga Heights Office. They reviewed the
status of action items required to implement the Intermunicipal Wastewater
Agreement. There was a 10-day waiting period regarding the environmental review
that ended yesterday. The DEC can now go forward with the DEIS. Don will get a
copy of the Findings statement and the Intermunicipal Wastewater Agreement to
the Trustees. The first step for the Village is to accept the findings
statement in total, after which it can execute the proposed Intermunicipal
Wastewater Agreement. A public hearing needs to be set for the next meeting.
The Mayor explained that there are responses in the SEQR Findings document to
all of the questions that have arisen, and confirmed that the questions that
Don and Lynn were concerned with have been resolved. Don read a portion of the
proposed Findings document to the Board to confirm that the previously raised
questions had in fact been addressed.
Resolution#4010-To Set a Public Hearing for the 15th
day of December, 2003, at 7:35 p.m. for the Purpose of Considering the Approval
and Authorization for Execution of (i) the Ithaca Area Municipal Wastewater
Collection Improvement Project State Environmental Quality Review Act Statement
of Findings to be Adopted by the Village and (ii) the Proposed Intermunicipal
Wastewater Agreement by and Among the Village of Cayuga Heights, Town of
Dryden, City of Ithaca, Town of Ithaca, Town of Lansing and Village of Lansing.
Trustee Beebe moved that this resolution be adopted. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye
Jodi
will place a legal ad in the Ithaca Journal. She will also call Attorney Susan
Brock to get an electronic version of the Intermunicipal Wastewater Agreement
to put on the Village Web Page.
The
Mayor reported that Fisher Associates held a 2nd public information
meeting at the Village Office on Thursday, November 20 on the N. Triphammer
Road Project, and that there was a steady stream of people stopping by the
office to view the information. A
further meeting with Fisher is scheduled for December 19th. It was
acknowledged that that day is also the Villages 29th birthday. The
Mayor advised the Board that the Village will have to pay to move the utilities.
He also reported that there are still three property acquisitions that need to
be finalized. One is making good progress, one is moving a bit slower, and one
is less encouraging. David Dubow and Randy Marcus are working on pursuing these
matters. Randy will be meeting to try and resolve the issue with the southern
most piece of Graham Road West. The north side of Graham Road West involving
Pyramid Company is becoming a more complex issue, and as to that matter, the
Mayor indicated the North Triphammer Road design and improvement can still
proceed if the Village is unsuccessful in its efforts to acquire the additional
property under discussion. The Village still plans to put the project out to
bid in March and start construction in May.
Ned Hickey had asked Jodi to announce that the Planning Board has tentatively arranged to have Sharon Anderson's L.E.A.P.E. training on drainage and environmental protection for 7PM January 27th at the Village Hall. Ned is awaiting conformation from S. Anderson. Larry, Lynn and Frank all indicated that they were interested in attending.
Lynn
gave an update on the Intermunicipal Organization (IO). Starting in January
there will not be any representatives from the Town of Dryden to run the IO.
The IO voted to move its headquarters to the Town of Lansing. Doug McEver is
their representative to the IO. The IO is currently ready to hire a Watershed
Program Manager to help with the grant writing, programming and training.
Lynn
advised the Board that she will not be at the next Planning Board meeting and
asked if someone else would represent the Trustees in her absence. Janet
volunteered to attend the next Planning Board meeting.
David
Dubow informed the Board that the Hamlet townhouse subdivision proposal has
received preliminary approval from the Planning Board, and that one condition
of the approval was an extension of Wedgewood Drive for snow plowing reasons.
This cost of the extension will be at the expense of the developer, and the new
road area will be dedicated to the Village in the usual fashion. David also explained that this subdivision
matter will be coming to the Board of Trustees in the future following the
Planning Board’s final action as the proposal constitutes a minor amendment to
the existing Shannon Park Planned Development Area, which amendment must be
approved by the Trustees in accordance with the Village’s Zoning Law.
David
also brought before the Board the matter of proposed agreements sent to the
Planning Board and Board of Zoning Appeals (BZA) by the Tompkins County
Planning Department regarding review by the County of certain local planning
and zoning actions under Section 239 of the New York General Municipal
Law. He advised the Board that New York
Law requires the Village to refer certain such local matters to the County for
review and comment as to their potential inter-community or county-wide effect,
but also permits both parties to enter into an agreement providing for certain
matters not to be subject to such referral and review. Recognizing that there are certain matters
that are local and need not be referred to the County, the County Planning
Department has prepared an Agreement for each of the Planning Board and BZA to
confirm the matters that will no longer be subject to the Section 239 referral.
Dubow suggested to the Trustees that it consider a resolution to authorize the
BZA and Planning Board Chairpersons to sign the proposed Agreements submitted
to each Board for its approval, and to further authorize each Board to agree in
the future as to additional matters which will not require County review.
Resolution#4012 – To Grant the Board of Zoning
Appeals and Planning Board Chairs the Authority to Execute Individual
Agreements with Tompkins County that Define Local Planning and Zoning Matters
that the County Does Not Need to Review, and to Agree in the Future as to
Additional Matters which Will Not Require County Review.
Trustee Fresinski moved that this resolution be adopted. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee Janet Beebe-Aye Trustee Frank Moore- Aye Trustee Lynn Leopold-Aye
Mayor
Hartill announced that this years Holiday Party will be Monday December 22nd
from 5:30-7:30pm at his home. Jodi will send out invitations.
Don,
Janet and Lynn advised that they will not be able to attend the Wednesday
December 10th noon meeting with the staff. It was therefore agreed
that the meeting will be canceled and vouchers will be approved at the Monday
December 15th meeting.
Motion-To Adjourn
Trustee Fresinski moved adjournment. Trustee Leopold
seconded the motion.
Mayor Donald Hartill-Aye Trustee Larry Fresinski- Aye Trustee
Janet Beebe-Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold-Aye
The
meeting adjourned at 9:10 p.m.
Jodi Dake
Clerk/treasurer