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HomeMy WebLinkAboutReg Mtg. Minutes 10/15/1990MINUTES of Regular Meeting - 9/17/90 that it will meet all rules and regulations of the D.E.C. and E.P.A. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle and Weiss voting yes. The Engineer was given permission to clean out culverts, as has been done annually in previous years, on lower Remington Road. Trustee Camp moved and Trustee Pimentel seconded that the meeting be adjourned. Adjournment 10:40 p.m. Anne Krohto Village Clerk MINUTES of a Regular Meeting 10/15/90 Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held October 15, 1990 at 7:30 p.m. in the Village Hall. PRESENT: Mayor Anderson; Trustees Camp, Fleming, Searle, Weiss, Wheeler; Acting Att. Oesterle; Treasurer Silber; Supt. of Public Works Rogers; Police Chief Wall; Fire Chief Miller. ABSENT: Trustee Pimentel. OTHERS: Mary Call, M/M Shepherd, Tom McCarthy. Mayor Anderson called the meeting to order and opened it to privilege of the floor. Mary Call apprised the Board of the action taken by the Board of Reps relative to the Local Law mandating the trash tag system throughout.the County. She stated that although the phrase which exempted the Village from having to use trash tags for household trash collection was deleted in the Local Law, the County will allow the Village to phase into the tag system by June 1. She said she is willing to write such an amendment to the Local Law for presentation at the Public Works meeting on October 24, if the Board so desires. In answer to the question of landfill fees for sludge, she said that sludge is amohg the things being considered by the Solid Waste Division to be diverted from the landfill. Decision re amendment to come later in the meeting. Motion by Trustee Fleming, seconded by Trustee Weiss: VOTED to approve the minutes of a regular meeting held September 17, 1990 as previously furnished Trustees in copy form. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. The Treasurer distributed copies of the Abstract of Audited Vouchers in its new format. After several corrections and discussion of certain revisions, it was agreed that the Treasurer should provide a briefer, easier -to -read version in the future. 7 MINUTES of Regular Meeting - 10/15/90 .�30 Motion by Trustee Fleming, seconded by Trustee.— VOTED to approve the Abstract of Warrants dated 10/15/90 in the following amounts: General Fund - $28,501.95; 'Sewer Fund - $29,871.92. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. Mayor-Anderson opened discussion regarding Remington Road with a question addressed to Attorney Oesterle regarding procedure for forming water and sewer districts. (Jack Rogers left the Board table and took a seat in the audience). The Attorney stated that the first issue to be determined is the allocation of cost between adjacent landowner who receives no benefit and therefore should not be assessed any of the cost. The second issue, she said, is that of utilities and asked for guidance on whether the Board will insist on landowners installing utilities prior to road construction. She reported that she and Trustees Fleming and Wheeler had met with Town officials regarding the Town's portion of the road and the Town indicated that they had no objection to the quitclaim deeding of that protion to the Village. Superintendent Raffensperger will take up the matter with the Town Board. Attorney Oesterle advised that the Village obtain title before making Improvements to the road. Attorney Oesterle pointed out that four separate assessment districts will need to be formed: roadway, fire protection, sewer, and water - followed by a notice and public hearings for the latter three (a public hearing has already been held re special assessment as it relates to roadway), adoption of final resolution, and lastly, the filing of maps of the proposed districts in the Clerk's office. The final piece of the assessment process is to get the exact costs so that it can be determined what the assessments will be against individual lots. Mayor Anderson distributed copies of the map of the area showing that 4 lots will need sewer and 12 lots will need water; all landowners will need to participate in putting in hydrants and hooking a line up as a loop to provide better fire protection for the higher areas. It was suggested that permission be obtained from the Joint Sewer Commission (City of Ithaca, Towns of Ithaca and Dryden) to tie into the Renwick Heights line to provide a gravity -fed system to the 4 bottom lots on lower Remington Road. Mayor Anderson was instructed to write regarding this request. It was agreed that a special assessment district for street lighting will be addressed after everything else is in place. In addition to reading a statement dated 10/15/90 signed by herself and Mr. Shepherd (copies of which the Trustees had before them), Mrs. Shepherd offered several comments relative to the unfairness of property owners having to bear the cost of road construction. She recalled that on numerous occasions allegations of conflict of interest had been made against Mr. Rogers by certain property owners on N. Sunset Drive and asked if this is indeed the case, adding that not one Board member has ever answered the question directly. She made reference to the estimate of costs submitted by Stevenson which, she stated, came in lower than those submitted by T.G. Miller. She said this issue has been pending for two years and seven months and a consequence has been the loss of a sale (of her lot on Remington) due to the current poor market: The Mayor responded that there are Villagers whose sentiments range from not being interested in the Village paying any part of the cost of reopening the road to paying for all of it. He read a letter written to the Shepherds in March of 1967 by then -Mayor Marcharm giving reasons for the temporary closing of lower Remington. )13i MINUTES of Regular Meeting - 10/15/90 Tom McCarthy stated he was in total agreement with the Shepherds and questioned why, since Remington Raod has been a Village road since 1967, the Village 1 "won't pay full costs to fix it." Jack Rogers commented that the road was built by the developer, Blood, and the cost of building the road was included in the cost of the lots; the road was then deeded to the Town of Ithaca and now the Village is "coming back and asking property owners to pay again for the road for which they paid already through the cost of the lot." He said it appears to him that the Board has changed its position from its previous one in that certain landowners are now exempt from all assessment charges. Another point he made was that the additional costs to landowners will exceed the value of the lots - this, he warned, consitutes a confiscation of property. He went on further to say that he has always accepted the fact that landowners are responsible for utility costs and relative to this, he has been prepared to use his own design for installation of utilities and to hire an engineer if he found it necessary to do so. In response to his comment that the Town has a legal obligation to improve their portion of the road, the Attorney stated that the Town has a legal right to continue to keep it closed; the Village cannot sue to force them to open the road. Trustee Wheeler said that the Board knows where he stands and noted that he is the only one who feels the Village should pay for this. (Correction to his statement was made later in the meeting when Trustee FIeming reminded Trustee Wheeler that he, too, is in favor of constructing the road entirely at Village expense). Trustee Wheeler stated that he didn't think the Board con take action on the resolution without the full Board present to which Trustee Weiss responded that they have never had to have a full- member Board in the past - members present hve voted. Discussion continued at great length until Trustee Weiss reminded the Board that it had been previously agreed that the matter was not to be reopened for discussion, but that the Board would examine the draft of the proposed resolution as prepared by the Attorney and decide whether the resolution was adequate. The proposed resolution regarding special assessment district for construction of Remington Raodway was then reviewed and several changes were made in wording as recommended by Attorney Oesterle. Trustee Searle withdrew at this point in the meeting. In conclusion, it was determined that the Attorney will negotiate with the Town of Ithaca regarding quitclaim deed for that portion of the road which lies within its boundaries since, at her recommendation, there shall not be improvements until ownership has been transferred to the Village. Concurrently, she will proceed to secure annexation of the sewer plant parcel which lies within the Town. Mayor Anderson iterated the changes to the proposed resolution and Trustee Weiss moved its adoption. There was no second and it was determined that the Attorney should redraft it for presentation at the next meeting. She will also begin drafting resolutions for fire protection, sewer, and water assessment districts. She asked that the Board get cost estimates for road construction and utilities. Discussion resumed regarding household waste collection as it relates to the mandated tag system and question was raised as to whether the Village can make e its own decision as to how it will charge residents for tags. Motion by Trustee Wheeler, seconded by Trustee Camp: RESOLUTION 4188 - REQUEST PERMISSION TO DEFER USE OF TRASH TAGS UNTIL JUNE 1991 MINUTES of Regular Meeting- 10/15/90 J? , _ VOTED to request that the County extend the deferment period for mandating the use of trash tags for household waste collection in the Village of Cayuga Heights to June 1, 1991. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. The Attorney was asked to investigate the County's authority concerning the method used by the Village for charging the fee for tags to its residents. Mayor Anderson reported on the month's correspondence. - Town of Dryden's Supervisor James Schug - requesting Board consideration for sewer connection for Audry O'Connor at 151 Sapsucker Woods Road. Discussion brought to light the fact that the agreement with the Town of Dryden dated November 9, 1966 speaks.directly to the issue which states that service is only to the specified district and that there will be no requests for additions. Request denied. - EMC - vacancy still exists. Perhaps Ellen Harrison will soon be available to serve. Board was urged to suggest names - also for Economic Opportunity Board. - Town of Ithaca - The Comprehensive Planning Committee will conduct a public information meeting at 7:30 p.m. on 10/17/90 to present results from the 1990 Town of Ithaca Residents Survey. - Notice from State Board of Equalization and Assessment - Village's final rate 61.34% (for the 1990 assessment roll). - Village of Groton Mayor Marlette - asking for help to get an age limit on police officers raised from 29 to 40. The Mayor was asked to write to State Senator Seward. - SCLIWC - re revision of Rules E Regulations - comments by November 30. Trustee Wheeler will report at the November meeting. - Ithaca City School District - requesting name of a contact person to aid District in finding people to serve on a district -wide committee or study group. The Mayor submitted Fran Kozen's name. - NYCOM - re new licenses for commercial drivers who currently hold a Class 1, 2, or license. - Department of Planning meeting in Biggs Bldg. on Friday, October 19 at 10 a.m. DOT to make a presentation. Trustee Wheeler and Supt. of Public Works Rogers will attend. There was no monthly report for CHCA. Fire Chief Miller presented his monthly report which is on file. Chief Miller reported that the Seagrave Pumper did not pass inspection this year and in order to do so, the pump will need to be rebuilt at an estimated cost of $7500. „ MINUTES of Regular Meeting - 10/15/90 Motion by Trustee Wheeler, seconded by Trustee Fleming: RESOLUTION 4189 - AUTHORIZE FIRE DEPARTMENT TO REPAIR PUMPER VOTED to authorize the Fire Department to proceed with the repair to the Seagrave Pumper on an emergency basis. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. Motion by Trustee Wheeler, seconded by Trustee Fleming: RESOLUTION 4190 - AUTHORIZE FIRE CHIEF TO ADVERTISE FOR BIDS FOR TURNOUT GEAR VOTED to authorize Chief Miller to prepare specifications and advertise for bids for 15 sets of turnout gear at an approximate cost of $6,000. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. Chief Miller showed the Baord the logo drawn by an artist who had been hired by the Fire Company at their expense. The Chief asked for and was granted permission to use the logo on Village's Fire Department vehicles. Treasurer Silber distributed copies of his written report for October. ' The Treasurer distributed copies of the revenue and expenditure reports. Motion by Trustee Camp, seconded by Trustee Fleming: RESOLUTION 4191 - APPROVE TRANSFERS VOTED to approve transfers as recommended by the Treasurer as follows: F.D. Equipment A341S.23 A34T8.22 37.00 Sts. Insurance A1990.4 A5110.43 45.00 Workers Comp. A1990.4 A9040.8 5705.00 Atty. WWTP G1990.4 G1420.42 1000.00 SL Ins. G1990.4 G8120.43 1935.00 SP Other G1990.4 G8130.4 517.00 SW Supp. H5410.45 Unanimously passed. G5410.42 Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. 275.00 Treasurer Silber distributed copies of his summary of the Report of Examination ' by the Office of the State Comptroller and reviewed the problem areas with the Board, noting that steps have already been taken to comply with the State's recommendations. He reported that he had started to gather information in preparation for the Village's private annual audit to be done by Ciaschi, Dieters - Hagen, Schaufler & Mickelson. MINUTES of Regular Meeting - 10/15/90 The Treasurer reported that he had received a quotation for Public Officials Liability Insurance from Jefferson Insurance Company and named several items which the policy excludes in its coverage. Trustees Weiss and Wheeler will investigate other sources. Attorney Oesterle reproted that the Thornton lawsuit has been settled and she is still awaiting a response to her letter to ACC. Police Chief Wall presented his statistical report which is on file. Chief Wall reported that he had contacted Jim Napoleon for his comments regarding the advisability of installing 3 -way stops at the intersections of N. Triphammer Road /Winthrop Drive and Cayuga Heights /Hanshaw Roads. He said that Mr. Napoleon indicated that in order to justify.the placement of 3 -way stops, should an accident occur as a result, the Village would need to be able to demonstrate a history of accidents at these intersections. The Chief will investigate further, and in the meantime, he will proceed with a warning light at the N. Triphammer /Hanshaw Roads intersection as requested by Trustee Wheeler. Trustee Camp left the meeting. Supt. of Public works Rogers presented his report which is on file. Engineer Rogers submitted bid results for chemicals used at the sewer plant. He recommended not accepting any of the bids for Conditioning Dry Polymer since it is not clear who the low bidder is. Motion by Trustee Wheeler, seconded by Trustee Fleming: RESOLUTION 4192 - ACCEPT BIDS FOR CHEMICALS FOR SEWER TREATMENT PLANT VOTED to accept the bids submitted from low bidders for chemicals for use at the WWTP as follows: 1 /Liquid Ferrous Sulfate - Waste Stream Environmental Inc. at $.1875 /gallon; 2 /Liquid Ferric Chloride - Gulbrandsen Co. Inc. at $1.04 /gal.; 3/ Disinfectant Chlorine - Nychlor Inc, at $505 /ton. Unanimously passed. Trustees Camp, Fleming, Searle, Weiss and Wheeler voting yes. Supt. of Public Works Rogers reported that he has received notice that the County will seek bids for its recycling program and is asking if the Village is interested in collecting its own recyclables. Mr. Rogers informed the Board that it would be economically unfeasible to do so. Moved and seconded by Trustee Wheeler and Fleming to adjourn the meeting. Adjourned at 11:23 p.m. ��o-- Ann�q� � Village Clerk MINUTES of a Special Meeting - 10/29/90 PRESENT: Mayor Anderson; Trustees Camp, Pimentel, Searle, Wheeler. ABSENT: Trustees Fleming, Weiss. The meeting was called to order at 5:30 p.m. and moved immediately to executive