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HomeMy WebLinkAboutPublic Hearing/Reg Mtg. Minutes 7/18/19889 ,; ,, MINUTES of Special Meeting - 7/11/88 VOTED to approve a payment of $20,027.03 to F &J for sidewalk work completed as of July 8, 1988. Unanimously passed. Trustees Camp, Fleming, Kira, Pimentel, Searle and Wheeler voted yes. Moved by Trustee Camp, second by Trustee Kira: RESOLUTION 3933 - ENTER INTO EXECUTIVE SESSION VOTED to enter into executive session at 5:45 p.m. to discuss strategy on sewer plant related matters. Unanimously passed. Trustees Camp, Fleming, Kira, Pimentel, Searle and Wheeler voted yes. There was lengthy discussion concerning Trustees' positions re sewer plant expansion and needs, and it was affirmed that the new members to the Board, Trustees Searle and Wheeler, concurred with the position taken by the Board in January, 1988, to wit: the Board is not in favor of intermunicipal ownership ' of the sewage treatment plant. Adjourned into regular session at 6:05 p.m. Regarding the issue of unregistered vehicles on residential property, the Attorney will draft the language of a proposed local law, for Board review at the July meeting. Moved byTrustee Searle, second byTrustee Camp: RESOLUTION.3934 - POLICY CHANGE RE TRIMMING OVERGROWTH ALONG ROADS AND SIDEWALKS VOTED to change the Village policy regarding trimming of brush ans bushes which overhang the road and sidewalk to permit DPW crews to do the work without notifying property owners beforehand and to charge the costs to road and sidewalk maintenance. Unanimously passed. Trustees Camp, Fleming, Kira, Pimentel, Searle and Wheeler voted yes. Adjournment 6:10 p.m. Anne Kroh MINUTES of a Public Hearing 7/18/88 Minutes of a Public Hearing duly published and posted held July 18, 1988, 7:15 p.m. in the Village Hall to consider proposed Local Law No. 2 of 1988 - Amendment to Zoning Ordinance. PRESENT: Mayor Anderson; Trustees Camp, Fleming, Kira, Pimentel, Searle, Wheeler; Attorney Sovocool; Treasurer Walker; Engineer /ZO Rogers; Fire Chief Miller. OTHERS: Chris Salerno, Dennis Shephard, M/M Alan Wheeler, Lee Teichthesen, Scott Maynes, Betty Matyas, Jean Robinson, MollyShoemaker, Elizabeth Mount, Kay Newman, William Tucker Dean,Tibby Mc Lafferty, Other Village Residents, Barb Bidell, WTKO. 67* MINUTES of a Public Hearing - 7/18/88 ABSENT: Police Chief Wall. Mayor Anderson read Section 20 of the Zoning Ordinance and referenced the sentence which the Zoning Officer proposes to have deleted. Z.O. Rogers explained that it was for the sake of clarity that he recommended the deletion of the line regarding non - requirement of a zoning permit for small accessory buildings not over 6x6x8. There was discussion and it was agreed that action would be deferred until such time as it could be determined why this had been included in the Ordinance in the first place. The Public Hearing was declared closed at 7:30 p.m. l%c(nAS e-4 VILLAGE OF CAYUGA HEIGHTS BbARD,OF TRUSTEES . Minutes of a'Publid Hearing duly published and posted held July 18, 1988, 7:15•p.m. in the Village Hall to consider proposed Local'Law No. 2 of 19BB - Amendment to Zoning Ordinance. PRESENT: Mayor Anderson; Trustees Camp, Fleming, Kira, Pimentel, Searle, Wheeler; Attorney Sovocool; Treasurer Walker; Engineer /ZO Rogers; Fire•Chief Miller. OTHERS:-Chris Salerno,.Dennis Shepherd, M/M Alan,Wheeler, Lee Teichthesen, Scott Maynes, Betty Matyas,iJean;Robinson, Molly Shoemaker, Elizabeth'Mount, Kay Newman, William Tucker Dean, Tibby.McLaffertyi Other Village Residents, Barb Bidell, WTKO. ABSENT: Police Chief Wall:i ;. Mayor Anderson read.Sectio% 20•of the Zoning Ordinance and referenced the sentence which the Zoning Officer'proposes to,have deleted. Z.O. Rogers-explained that it was for the sake'of.clarity that he recommended the deletion.of the line regarding non- requirement of a zoning 'permit for small accessory buildings not over 6x6x8. There was discussion and it was agreed that action would be deferred until such time as it could be determined why this had been included in the Ordinance in the first place. The Public Hearing was.deeiared closed at 7:30 p.m. _______ - - - ---- - ------- ---- - - - --- - ^-- ---- -- -- -- ------ ----- ------ - --- Minutes of a regular meeting of.the;Board of Trustees of the Village of Cayuga Heights held July 18',.1988, 7:30 p.m. in the Village Hall. PRESENT: As above.. Mayor Anderson called the regular 'meeting "to -- order'-at-7:30 p.m: Chris Salerno appeared before the Board to describe the functions of the Arts Council of Tompkins County, a not - for - profit organization which supports the arts by aiding local-artists and arts organizations through funding and service. She asked that the Village support this organization and its activities by donating a suggested amount of $500, stating they will "accept anything." She referred briefly to a Services Agree- ment between the Village.and the Arts Council and spoke of upcoming workshops, the dates for which will be published in the "Village Voices." A packet of materials was left with the Clerk for Trustee perusal. Discussion focused at great length on the subject of Mr. Lee Teichthesen's memo dis- tributed at some time prior to the Board meeting to Taxpayers of the Village of Caygua Heights concerning the "Request to Open West Remington Road." Engineer /ZO Rogers, owner,.of 9, lots-along that road, asked that he be excused from the meeting so as not to inhibit free'discussion. Mr. Shepherd, owner of the lot furthest north; presented a brief history of his lot and concluded by reiterating his request of 4 months for Board decision re opening of.the road. 7• Attorney Sovocool outlined five alternatives available td the Village: 1)Do nothing - until and unless property owners decide to develop their lots fronting on this roadway, 2) Partial improvement - this.would pose difficulties and would not be in the best interests of the Village, 3) Discontinuance of the street, 4) Improve- ment at Village expense, or 5) at the expense of owners of the adjoining land (or combination of nos. 4 and 5). Having reviewed the Code of Ethics, adopted by-the Village on December 1, 1970, the Attorney quoted the section concerning-the investment by municipal officers "directly or indirectly in shy financial, business, commercial, or other private transaction, which creates a conflict with his official duties." Since it is assumed, he went on to say, that Mr. Rogers owns property adjacent to Remington Road as an investment, he should not be asked by the Board to do any work-which diight create a potential conflict, and he recommended the adoption of a statement saying that "any considerations in any dealings with the Remington Road problem should be delegated to some other.party." The Attorney added that the Village is i3ot legally obligated to do.anything, but if. Minutes of Regular Meeting - 7/18/88 2 property owners make demands for use of the roadway the Village will have.to act. After hearing questions and comments from Villagers in the audience relating to pav- ing costs, benefits bS opening the road, etc., "the Mayor closed discussion stating that a special meeting will be held for further discussion and subsequent Board action and those'irho wish to be notified should leave their name with the Clerk. Alan Wheeler appeared once again to ask for Board reconsideration of their denial of his request for continuation of the sewer permit.which had been granted for 2 Cedar Lane in 1985 to Roswell Steadmaq on the basis that there is no Village policy regard- ing limits-on sewer or water permits. He referred to a letter hand delivered earlier in the day to Attorney Sovocool from Attorney Crossmore. Attorney Sovocool, who had not yet seen the letter, said he would review the points made in it rnd will offer comments at a future meeting. . , Trustee Kira moved to approve the minutes of the June 20, 1988 regular meeting and the Special Meeting of July 11, 1988 as previously fmrnished Trustees in copy form; seconded by Trustee Pimentel. Motion to Table made by Camp, seconded by Fleming. On the motion.to Table, Camp,-Fleming and Searle voted YES, Kira and Pimentel voted N0, Wheeler abstained. Moved by Trustee Kira, s, %oAnded ¢y Trustee Pimentel: VOTED to approve minutes of June 20,' 1988 meeting excluding Resolution #3930 and approve.minutes of special meeting of July 11, 1988. Unanimously passed. Motion by Trustee Pimentel, seconded by Trustee Camp: VOTED to approve the Abstract of Audited Vouchers dated 7/18/88 in the following amounts: General Fund - $40,577.51; Sewer Fund - $15,537.75. Unanimously passed. Mayor Ande...r.s._o..n .r._e.p.o..r. t-e_d .. _o.- n - t _he — - f—o-ll- o .w.i..n.._g ._ c ommunications: - Office of the State Comptroller - State Revenue Share for 1988 -89 will be $49,712.44. - Request from Police Chief Wall for a proposed draft of legislation dealing with abandoned cars on residential property. Attorney will work on this. - Report from Michael Withiam re program entitled "Leadership Tompkins" who researched the issue of site'plan review. Mayor Anderson-will write for a copy of the support- ing material, particularly site plan ordinances from other municipalities in New York. - Letter from Charles Smith re ground water problem. Trustee Camp suggested a meeting of the Committee, to include Mr. Smith; and told the Attorney he will need legal clarification. sewer - Letter from Walter Relihan addressed to Attorney Sovocool re /agreement between the Village and Research Park relative to terms of that agreement. Attorney Sovocool will forward a copy of his reply to Mr.'Relihan to Trustees. (He will review it first with the Mayor) - Request by Cornell Development Office for the placement of a picnic table at the rear of the Village Hall. Permission-was granted on the basis that its location will be temporary (pending decision on lo that cation of Marcham Carden) and at they will stain it a dark color and will keep the area clean. Minutes of Regular Meeting - 7/18/88 Moved by, Trustee•Wheeler, second by Trustee Camp: RESOLUTION 3935 — HIRE FRANCES STILES AS COURT CLERK VOTED to accept Judge Dean's recommendation to offer the position of,Court Clerk to Frances Stiles at a rate of $7.00 per hour. Unanimously passed. Trustee Camp reported on the meeting which he and, Mayor Anderson attended in the Vil- lage of Lansing on June 13th regarding sewer capacity problem at the Cayuga Heights plant. He said that the Village of Lansing is looking into the feasibility of build , ing their qwn plant and they should. be encouraged by the C.H. Board to do so. Hunt Engineers & Architects, firm representing Village of Lansing, has made a preliminary study of wastewater treatment options for the Village of Lansing and they were' re- quested at this meeting to do a workup' of costs associated with the expansion of the Cayuga-Heights-plant for review at the next meeting scheduled for July 26, 4:30 p.m. Trustee Searle, reporting on Community Association activities, said the Association is in the process of reorganizing and because of this, the deadline for "Village Voices" is on hold. Attorney Sovocool: gave his report at this point in the meeting so that he could be excused. Attorney Sovocool distributed memos Re: Streets in the Village and Re: Sewer Plant Expansion, the latter being the report requested by the Board of Attorney Oesterle in mid - winter addressing the question of whether the Village is obligated to continue to provide sewer service to outside users arising out of the acceptance of any State or Federal aid. Question was.asked of thelAttorney in connection with Alan Wheeler's request, as to whether the sewer permit is, transferable. The Attorney stated that the permit is issued to the person who applies;.as a license would be 'given to a person and stated further that although.the Ordinance does not provide -for any set limit (on sewer permits), the Board does have the powdr to revoke permits until they are used. He was asked if the "license" would lapse then by transfer to another person and the Attorney answered that it would - Trustee Camp asked if the.'Board were to grant a per- mit to Alan Wheeler, would it be construed to be a new allocation. Attorney Sovocool said it would be a new allocation and recommended not issuing a permit unless Mr. Wheeler can show he is entitled to it, The Attorney was asked to write a memo after re`ading•Attorney'Crossmore's letter and'make this point if he still feels that a license goes.to-a person and not the land. Trustee Camp asked if the letters written by Noel Desch concerning his apparent re- fusal to accede-to the terms of the moratorium required Board4response. The Attorney answered they did not since they merely.constitute a•claim which, by law, must be done within a one year period to "hold the door open." 91 The meeting for discussion of the West Remington Road issue was set for Wednesday, July 27, 7 p.m. The Attorney left the meetiqg. Fire Chief Miller presented his written report which has been placed.on file. The Fire Chief's report regarding the growing concern in theFire Company about the declining membership prompted Trustee Pimentel to urge the Safety Committee and Fire Chief to meet as soon as possible to discuss possible solutions. Motion by Trustee Kira, second by Trustee Fleming: RESOLUTION 3936 — SELL AIR BOTTLES TO ENFIELD FIRE DEPARTMENT VOTED to permit the Fire Department to sell the used air bottles to the Enfield Fire Department for $400. Unanimously passed. Minutes of Regular Meeting - 7/18/88 Motion by Trustee Kira, second by Trustee Searle: RESOLUTION 3937 - CONFIRM TELEPHONE VOTE TO ACCEPT BID FOR FIRE HOSE 1. VOTED to confirm the telephone vote to award the bid for the Large Diameter Hose System to Snap -Tate. Trustees Fleming, Kira, Pimentel•, Searle, Wheeler voted YES, Trustee Camp abstained. Treasurer Walker distributed copies of the May 31st fiscal year end report of re- -classified and .journal entries. He hoped to have the revised report as of May 31, 1988 and.also June and July budget status reports for distribution at the August meeting. fie stated he will soon set up a Capital Reserve Fund and expected depart- ment heads to identify over the' next 5 -7 years their major expenditures. He reported that he had invested $500,000 of Village funds In Repurchase Agreement to run to August 8, 1988. He will review this at that time. Treasurer Walker requested Executive Session before adjournment on a personnel matter. L, In the absence of the Police Chief, Mayor Anderson presented his monthly report - on file. Engineer /ZO Rogers presented his report which has been filed in the Village Office. The Engineer reported that the house at 825 Hanshaw Road is now vacant. He was in- structed to get it cleaned as soon as possible so that it can be used in the near future. The Engineer presented a drawing of the sidewalk and crosswalk to be constructed at this time in the Community Corners area. In his report on hydrant flow tests, the Engineer recommended direct notice to residents .of scheduled test dates and also all related costs should be charged to a new, separate, Fire-Department account. Moved by Trustee Fleming., second by Trustee Kira: RESOLUTION 3938 - APPROVE REFUNDS VOTED to approve the following refunds for overpayment of water: Stevens - $139.56, Stark - $47,48. Unanimously passed. Zoning Officer Rogers gave a report concerning the zoning violation on the property at'102 Sunset Drive where a 21 high stone retaining wall has been built to within 12' of the center line of the road. (Right of way is 401) The Attorney will be asked to review the letter drafted by the Zoning Officer to the property•owner. Trustee Searle reported that she and Mary Grainger had attended a meeting of the Co. Youth Bureau to develop County wide youth programs. She stated that she had filled out forms concerning municipal youth service plans for 1989 -90 which, she said, do not directly affect the Village since the Village turns its grant money over to the Town of Ithaca. She mei¢tioned that the increase in bicycle traffic does however affect the Village and wondered if Police Chief Wall could schedule his bicycle safety program soon. Moved by Trustee Pimentel, second-by Trustee Searle: RESOLUTION 3939 - ENTER INTO EXECUTIVE SESSION VOTED to enter into Executive Session at 11:00 p.m. to discuss a personnel matter. Unanimously passed, e*# The Engineer and Clerk were excused from the meeting. Anne Krohto Clerk Minutes of Regular Meeting - 7/18/88 5 Treasurer 'Walker presented copies of his resignation as of September 1, 1988, necessary because of increasing time commitment of other duties. He suggested that his successor have a'somewhat different job description, including qualifications. The Hoard and•the Mayor thanked Mr. Walker-for his service to the Village. Adjourned the executive session�at 11:04 p.m. Adjourned the meeting at .11:05 p.m. 4 Ronald E. Anderson Mayor