HomeMy WebLinkAboutReg Mtg. Minutes 12/18/1989J7S
MINUTES of Regular Meeting - 11/20/89
of their terms and conditions of employment. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
A tentative special meeting was scheduled for December 4 - 7:00 p.m. for the
purpose of discussing further the Remington Road issue.
Meeting adjourned 12:15 p.m. av'� K
Anne Kro to
Clerk
MINUTES of a Regular Meeting - 12/18/89
Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga
Heights held December 18, 1989 at 7:30 p.m. in the Village Hall.
PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Searle, Weiss, Wheeler,
Attorney Oesterle; Treasurer Silber; Supt. of Public Works Rogers; Police Chief Wall;
Fire Chief Millier.
OTHERS: Jim Napoleon and Assistant, John Majeroni, M/M Shepherd, tom McCarthy, Kay
Newman, Dooley Kiefer, M/M Rothaus, Attorney Holmberg.
Mayor Anderson called the meeting to order at 7:30 p.m., proceeding with the discus-
sion regarding the Remington Road issue. The Mayor made reference to the two
resolutions drafted by the Attorney - one for the abandonment and the other for the
reopening of Remington Road. He referred alsoto his memo dated 12/14/89, giving
his views on the subject. The Attorney stated she has given as much in the legal
area as she can and that the Boare needs to discuss the points of each resolution
to decide how to proceed. Trustee Weiss stated he would feel more comfortable if
the Board would take the time to review the issues once again in an executive session.
Moved byTrustee Weiss, seconded by Trustee Searle:
RESOLUTION 4104 - ENTER EXECUTIVE SESSION
VOTED to enter Executive Session at 7:45 p.m. to review the aspects of Remington Rd.
reopening issue relating to possible litigation and to limit the time to thirty
minutes. Trustee Camp, Fleming, Pimentel, Searle, Weiss voted YES. Trustee Wheeler
OPPOSED.
Motion byTrustee Pimentel, seconded byTrustee Wheeler:
RESOLUTION 4105 - ADJOURN TO REGULAR MEETING
VOTED to adjourn to regular meeting at 8:15 p.m. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
Moved byTrustee Pimentel, seconded by Trustee Wheeler:
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MINUTES of a Regular Meeting - 12/18/89
RESOLUTION 4106 - REOPEN REMINGTON ROAD
VOTED to accept the drafted language of resolution #2 to reopen Remington Road, with
various provisions as worked out by the Attorney, and the first go- around on numbers
will suggest that the Village will cover drainage improvement cost ($66,000) and 3/4
of the cost of numbers 1,2,3,5,6,7 road improvement itemizations on the T.G.
Miller Report which totalled approximately $139,000 - $140,000. Trustee Pimentel,
Wheeler voted YES. Trustees Camp, Fleming, Searle, Weiss OPPOSED.
Discussion ensued regarding apportionments of costs for drainage, gravel phase and
macadam phase.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4107 - REOPEN REMINGTON ROAD ADDING APPORTIONMENT "WHEREAS CLAUSE"
VOTED to accept the drafted language in resolution #2 to reopen Remington Road and
to include apportionment "whereas clause" regarding: putting utilities in first so
that everybody pays reduced cost, that the second phase of the project is to bring
the road to the gravel phase and to apportion costs as follows: drainage: 75% Village,
25% adjacent landowners; gravel: 50% Village, 50% adjacent landowners; macadam: 25%
Village, 75% adjacent landowners.
Trustee Pimentel moved and Trustee Wheeler seconded to amend the apporionment of
macadam to 50% Village, 50% adjacent landowners. Trustees Camp, Fleming, Pimentel,
Wheeler voted YES. Trustees Searle, Weiss OPPOSED.
Motion byTrustee Camp, seconded byTrustee Fleming:
RESOLUTION 4108 - REOPEN REMINGTON ROAD
WHEREAS, that 50 foot wide portion of Remington Road from North Sunset Drive
to-l.bt numbered`.17 on Village': Taxmaps :and'.that.25:foot:easterly °.portion of Remington
Road from lot numbered 17 on Village Tax maps to Lake Street (hereinafter referred to
as "closed Remington Road ") was acquired bythe Village of Cayuga Heights in 1957
when it was annexed by the Village from the Town of Ithaca, and
WHEREAS, the Village of Cayuga Heights Board of Trustees voted to close the
above - mentioned portion of Remington Road indefinitely in 1967 as a�safety
precaution, and
WHEREAS, the above - mentioned portion of Remington Road has remained closed
since 1967, and
WHEREAS, Mayor Marcham stated by letter to Professor Shepherd in July of 1967
that "The Board undertakes to re -open the road and to put it in safe and usuable
condition when a Village property owner whose property fronts on the road prepares
to build on his property. Further, the Board instructed me to say that should
you or any other of these property owners engage in negotiation for the sale
of your property you may show the prospective purchasers this letter as evidence ,
of the Village commitment to open the road," and
WHEREAS, Mr. and Mrs. Dennis Shepherd, owners of lot numbered 5.1 have
requested that the Village of Cayuga Heights commit itself to re- opening closed
Remington Road in order to provide access to their lot, and
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MINUTES of Regular Meeting - 12/18/89
WHEREAS, the Board of Trustees of the Village of Cayuga Heights hired T.G.
Miller & Associates, Engineers and Surveyors to estimate the costs of re- opening
®said road and providing utilities to all of the lots located on the closed
Remington Road, and
WHEREAS, T.G. Miller & Associates estimated the total costs at approximately
$385,000.00 to $583,000.00 or approximately $106.00 to 161.00 per lineal foot of
frontage along Remington Road or approximately an average of $25,666 to
$38,866 per lot, and
WHEREAS, Village Law Section 6 -622 permits allocation of all or part of the
costs for grading, paving, and re- paving of a street in the Village to owners of
adjoining properties, and
WHEREAS, in order to minimize costs to the Village and the landowners along
the closed Remington Road, it is reasonable for all utilities to service the
properties along closed Remington Road to be installed prior to drainage and
roadway improvements,
NOW THERFORE, it is resolved that
1. It is in the best interests of the Village of Cayuga Heights to
re -open closed Remington Road.
2. It is not in the best interests of the Village of Cayuga Heights to
re -open closed Remington Road at the full general expense its taxpayers.
3. Closed Remington Road shall be improved by grading (including
necessary drainage expense) and re- surfacing. These costs shall be allocated
between the Village of Cayuga Heights and the adjacent landowners in
accordance with Village Law Section 6 -222 on a frontage foot basis.
4. The adjacent landowners shall provide and pay for all utilities
necessaryto service the properties including but not limited to water, sewer,
electric, gas, cable and telephone lines.
5. After all necessary utilities are installed to service all of the
properties along closed Remington Road, the Village of Cayuga Heights shall improve
closed Remington Road by a two -lane gravel service running from North
Sunset Drive to Lake Street.
6. Twenty -five percent (25 %) of the costs of the drainage improvement shall
be assessed against the adjacent landowners on the basis of each landowner's
frontage along closed Remington Road. The Village of Cayuga Heights shall pay
Seventy -five percent (75 %) of the costs of the grading (including drainage)
for closed Remington Road.
7. Fifty percent (50 %) of the costs of the gravel surfacing shall be
assessed against the adjacent landowners on the basis of each landowner's
frontage along closed Remington Road. The Village of Cayuga Heights shall
pay Fifty percent (50 %•) of the costs of the gravel surface for closed
Remington Road.
8. When conditions warrant further improvement of closed Remington Road
(in the judgment of the Board of Trustees of the Village of Cayuga Heights),
closed Remington Road shall be further improved by the Village of Cayuga Heights
with a two -lane macadam surface.
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MINUTES of a Regular Meeting - 12/18/89
9. Fifty percent (50 %) of the costs of the macadam surface shall be assessed
against the adjacent landowners on the basis ofeach landowner's frontage along
closed Remington Road. The Village of Cayuga Heights shall pay Fifty percent
(50 %) of the costs of the macadam surface for closed Remington Road.
10. The assessments against the adjacent landowners shall be allocated over
a ten (10) year period.
11. An agreement with the Town of Ithaca should be sought concerning
that portion of closed Remington Road which is owner by the Town of Ithaca.
The Mayor is instructed to negotiate with the Town of Ithaca regarding their
payment of that portion of the roadway that is owned by the Town of Ithaca.
Any monies paid by the Town of Ithaca shall reduce the total costs that are
then allocated between the Village of Cayuga Heights and the adjacent landowners.
12. A public hearing on this resolution shall be held on January 15,
1990 at 7:00 o'clock at the Village Hall for the Village of Cayuga Heights
to consider the above resolution and shall be conducted in accordance with Village
Law Article 21. The notice of public hearing shall state that a resolution for the
re- opening and allocation of costs for grading and surfacing that portion of
Remington Road lying in the Village of Cayuga Heights and running from North
Sunset Drive to Lake Street will be considered at said hearing. Trustees Camp,
Fleming Pimentel, Wheeler voted YES. Trustees Searle and Weiss OPPOSED.
In response to a request from Mr. and Mrs. Dennis Shepherd for a copy of the
foregoing resolution, Mayor Anderson stated he will make up a guide sheet showing
improvment costs for their use.
Mr. Jim Napoleon presented and reviewed drawings of traffic volumes taken from
Sasaki Associates REport dated 1/4/89. Mr. Napoleon advised against an access to
Highgate Road, recommending that 50% of the housing units access onto Hanshaw
Road and 50% onto N. Triphammer Road. He reiterated his position that access
onto N. Triphammer Road should be at least 500 feet south of the Village
boundary to ensure that sight distances are adequate, suggesting the location across
from Winthrop Drive as ideal. Mr. Majeroni, responding to this point, stated that
Cornell will develop a survey to determine the feasibility of accessing in line with
Sheraton Drive and Mr. Napoleon said he would review the survey upon completion.
Mr. Napoleon was advised that a manned traffic count has been accomplished on N.
Triphammer Road and as soon as those figures become available, he will be apprised.
Mr. Napoleon and his Assistant left the meeting.
Motion by Trustee Fleming, seconded byTrustee Pimentel:
RESOLUTION 4109 - ENTER EXECUTIVE SESSION
VOTED to enter Executive Session at 10:15 p.m. to discuss a personnel matter.
Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
Fire Chief Millier asked to be excused for the evening. He presented his
written reportwhich is on file. 1121-
Moved by Trustee Searle, seconded byTrustee Camp:
MINUTES of a Regular Meeting - 12/18/89
RESOLUTION 4110 - ADJOURN TO REGULAR MEETING
VOTED to adjourn to regular meeting at 10:21 p.m. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
Motion by Trustee Searle, seconded by Trustee Pimentel:
RESOLUTION 4111 - GRANT REQUEST TO CAYUGA HEIGHTS POLICE DEPT. TO INCLUDE
PART -TIME PATROL OFFICERS
l71
WHEREAS, the full -time and part -time police officers of the Village
of Cayuga Heights have voted to form an employee organization and have further
requested that the Board of Trustees for the Village df Cayuga Heights recognize
the Cayuga Heights Police Benevolent Association as exclusive bargaining agent for
the full -time officers of the Department in collective bargaining of their terms and
conditions of employment and the administration of grievances, and
WHEREAS, the Board of Trustees has investigated the status of this group
of employees and has determined that all full -time and part -time Sergeants and
Patrolment of the Village of Cayuga Heights Police Department have a community of
interest and could be included in the bargaining unit.
WHEREAS, the Board of Trustees for the Village of Cayuga Heights has been
informed that this request is unanimous amoung all full -time and part -time
Sergeants and Patrolmen of the Village of Cayuga Heights police Department, and
therefore represents a majority of the employees in the proposed baragining unit,
NOW THEREFORE, it is hereby resolved that
The Village of Cayuga Heights determines that the Cayuga Heights Police
Benevolent Association represents a majority of the employees in the
following defined bargaining unit and hereby recognizes the Cayuga Heights Police
Benevolent Association as the negotiating agent for all full -time and part -time
employees of the Village of Cayuga Heights Police Department who are in the job
titles of Sergeants and Patrolmen. Excluded are all other employees of the
Department as well as those employees in a job title listed by the Public
Employment Relations Board to be managerial or confidential employees under the
Taylor Law. The job titles used above are for descriptive purposes only. Their use
is neither an indication nor a guarantee that these titles will continue to be
utilized by the Village of Cayuga Heights. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
Trustee Pimentel was excused from the meeting at 10:22 p.m.
Trustee Camp asked whether it would be possible to have drafted copies of resolutions
which will come before Trustees for action and alsolist of monthly correspondence
a week before the regular meetings in the hope that this will shorten the length
of meetings and emprove Board efficidncy.
Motion by Trustee Fleming, seconded by Trustee Searle:
VOTED TO APPROVE THE MINUTES OF A Public Hearing and regular meeting held November
20, 1989 as previously furnished Trustees in photocopy form, with correction to
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MINUTES of a Regular Meeting - 12/18/89
the latter per Trustee Wheeler - page 1 - strike "Mr. Napoleon questioned the '
legality .........." but rather that he stated that "it would be a drastic move
and would require extensive study." Unanimously passed.
Trustees Camp, Fleming, Pimentel, Searle; Weiss and Wheeler voting yes.
Moved byTrustee Camp, seconded by Trustee Fleming:
VOTED to approve the Abstract of Audited Vouchers dated 12/18/89 in the following
amounts: General Fund - $17,949.36; Sewer Fund - $22,809.22; Capital Fund -
42.30. Also to add to the list Sewer Plant overtime in the amount of
$2,677.50. Unanimously passed.
Trustees Cafnp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes.
Mayor Anderson reported on the monthly correspondence:
- Recycling & Solid Waste Disposal - Mayor and Jack Rogers met with Mary-.Call
and Barbara Eckstrom on December 13.
- ACC - Re automatic extension of franchise for 5 -year period to run to March,
1993.
- T.C. Dept. of Health re the new Smoking Law effective January 1, 1990.
- Noise complaint from Carle Brown.
- John Sherman, attorney for Yaw's Environmental Process Control, Inc. regarding
potential conflict of interest in connection with an- employee who is also employed
by Town of Ithaca. Supt. of Public Works Rogers will give particulars during
his report.
- Report to the Town of Ithaca from Pickhhd & Anderson dated July 11, 1989 re
infiltration problem in the Northeast area of the Town.
- Jim Dennis has been chosen to represent the Village in negotiations with the
Police Department.
- Village rep on EMC - several names have been submitted: Ellen Harrison, Amy
Winkler, Paul Sarokwash. The Mayor will write ms. Harrison re her continued
interest and send Resume form relative to appointment by Tompkins County
Board.
- Re Mr. Frederick Weeman's request for Board consideration to designate his
property as 108 Highgate Road (Village records show 11110 "), Attorney Oesterle
stated she will get a copy of his deed.
-No action taken, as yet, by either Mr. Ginsberg of 212 Hanshaw Road to move
back his arborvitae hedge or Mr. Michael Timmons to move back his stone wall.
The Mayor was instructed to write them.
Mayor Anderson left the meeting at 10:55 p.m. and Deputy Mayor Fleming took over.
Trustee Wheeler reported that the County has not allowed the Water Commission
the use of the Sheldon Road tank because the water has traces of nitrous oxide due
to the recent painting. He reported also that he has given a copy of the Village
Ordinances to Professor Ernie roberts, expert on land use, for study and comparison
with those of the Village of Trumansburg. Trustees were asked to submit their
suggestions for changes.
No monthly report for CHCA.
Treasurer Silber reported that he has selected ADP to do Village payroll which will
commence on January 12, 1990. He reported that he has renewed the Repurchase Agree-
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MINUTES of Regular Meeting - 12/18/89
ment and took some funds out of the Money Market to add to it ($700,000 +) and author-
ized Tompkins County to reduce the amount of security they were holding against de-
posits so that they are in line with amount of deposits. After the first of the
year, he will ask Department Heads to begin preparation for the new budget. A
check for $500 was received from Cornell University for the Proper Study.
Attorney Oesterle reported that the Village has won the Wheeler Federal Court case
on Summary Judgment. A copy of the full decision is on file in the Village Office.
In connection with the letter from Attorney Sherman regarding the potential conflict
of interest relative to Mr. Eric Whitney (an officer of Yaw's Environmental Process
who is also an employee for the Town of Ithaca) because of pending litigation
between the Town of Ithaca and VCH over the use of wastewater treatment facility,
Eng. Rogers has been instructed to respond to the letter stating that the steps
being taken to exclude Mr. Whitney from direct supervision at the facility and from
ownership of corporate stock while the situation exists is sufficidnt action at
this time.
Police Chief Wall submitted his monthly written report which is on file.
Chief Wall stated that signs have been ordered for Oak Hill Road and Place., A
request from Ann Ashman of 398 E. Upland Road for a street Iight north of her
home was denied due tothe fact that there are numerous street lights in that
location already. He reported also that the lawsuit filed earlier this year against
the Village and Police Department re misconduct on a drug raid was withdrawn without
payment.
Supt. of Public Works Rogers submitted his written report which is on file.
The Public Works Committee will meet with Supt. Rogers to establish policy relative
to the handling of brush pickup.
Eng. Rogers presented plans from Cornell University showing American Indian
Housing on Jessup Road, and a new Sorority on Triphammer Road, both located in the
City of Ithaca neqr the Village's south boundary. The plan includes additional
parking for both facilities.
Report of Sewer Plant Flow: 1 MGD which is 50% of design capacity; BOD is 41% of
maximum allowable; TSS is 45 %. However, Eng. rogers cautioned that because the
flow is low does not indicate there is excess capacity.
In reviewing the numbers on the Preliminary Housing Units and Special Place Count
printout from the Census Bureau, Eng. Rogers noted a number of questionabe census
counts for block numbers that were on the border of the Village and Town of Ithaca
and the border of the Village and City of Ithaca. He will look into it.
Motion to adjourn at 11:45 p.m. byTrustee Searle, seconded by T,rVtteee amp.
Anne Krohto
Clerk