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HomeMy WebLinkAboutPublic Hearing/Reg Mtg. Minutes 1/21/1991I Minutes of a public hearing, duly publsihed and posted, held January 21, 1991 at 7:25 p.m. in the Village Hall, to consider proposeA Local Law 111 of 1991 entitled, "Traffic Control Law" amending and superseding Local Law 111 of 1990, Section 7b - No Parking Regulation. PRESENT: Mayor Anderson; Trustees Fleming, Pimentel, Searle, Weiss, Wheeler; Attorney Oesterle; Tress. Silber; Supt. of P.W. Rogers; Police Chief Wall; Fire Chief Miller. ABSENT: Trustee Camp. OTHERS: M/M Shepherd, Kay Newman, Steven Stiles (Boy Scout). Mayor Anderson opened the public hearing to consider proposed Local Law as stated above and Chief Wall defined the proposed No Parking and /or Restricted Parking regulations on the following streets: White Park Road, White Park Place, Iroquois Road. Chief Wall mentioned that Mr. Bordewieck, resident on White Park Road who stated earlier that he preferred no parking on both sides of his street all day, now seems pleased with the arrangement, as is Mrs. Crawford. There being no further comments, the hearing was declared closed at 7:35 - p L"------------------------------------------------------------- ----------------------- Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held January 21, 1991 immediately following the public hearing. PRESENT: As above. ABSENT: As above. OTHERS: As above. Mayor Anderson called the regular meeting to order. Motion by Trustee Pimentel, seconded by Trustee Wheeler: VOTED to approve the minutes of a public hearing and regular meeting held December 17, 1990 as previously furnished Trustees in photocopy form..Trustees Fleming, Pimentel, ' Searle, Weiss, - Wheeler voted Yes. — The Mayor wished to note, relative to the SCLIWC Local Law re Backflow Prevention re- ferred to at the bottom of page 3, of the 12/17/90 minutes, that the draft of said Local Law is in the hands of the Town Attorney for revision. Motion by Trustee Fleming, seconded by trustee Pimentel: RESOLUTION 4218 - APPROVE APPOINTMENTS VOTED to approve appointments as follows: (a) Katherine Newman to serve on Local Advisory Board fo Review on February 13, 1991 from 3 p.m. to 6 p.m. in the Village Hall; (b) Lorraine Cahse to serve as Chairperson of Inspectors of Election with Ruth Story as Inspector. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. Motion by Trustee Fleming, seconded by Trustee Weiss: RESOLUTION 4219 - SET DATES FOR VILLAGE ELECTION VOTED that Registration Day shall be Saturday, March 9, 1991 between the hours of 12:00 noon and 9:00 p.m. in the Village Hall and ELECTION DAY shall be March 19, 1991 between the hours of 12:00 noon and 9:00 p.m. in the Village Hall. Trustees Felming, Pimentel, Searle, Weiss, Wheeler voted YES. The Annual Residents' Meeting was set for February 19, 1991 at 7:30 p.m. Mayor Anderson gave his report as follows: - Survey from the Government Law Center of Albany re impact fees (completed by the Mayor and returned to Albany office) gave rise to discussion concerning the feasibility of the Village charging a sewer hookup fee to developers. Attorney Oesterle will investigate. C2J) Minutes of Regular Meeting - 1/21/91 - Bureau of Census - review of Village's response to postcensus local review counts and comparison of those estimates with Census Brueau's results shows minus 6 hous- ing units and no change in group housing; however, they point out these results should be considered partial and preliminary and are likely to change upon completion of census enumeration. -Local Government Leaders Roundtable - breakfast meeting on January 16 - item of most interest concerned the landfill update: closure notice December 31, 1991. Closest site to be considered is Seneca Meadows - fee of $104 /ton plus trucking. Earliest on baling station - summer of 1992. -The Mayor commented that it has been 2+ years since the moratorium on sewer units went into effect and to date, there abs been hardly any movement by the connecting municipalities toward working out either a temporary or permanent solution; although there has been some indication that the Village of Lansing either will do or has done something about preventing infiltration. Point was made that the Borg- Warner Automotive Plant ahs yet to install the microfilter (installation was to have taken place in Dec.) and once installed and if effective, the microfilter will allow Borg- Warner to recircu- late processed water thereby reducing the volume of their sewage effluent. Engineer Rogers reported that the flow at the treatment plant for the last month was 2.3 MGD which is the highest it has ever been. The Engineer advised that if there is a signifi- cant reduction of flow due to (1) B -W's pretreatment process and (2) control of infil- tration by contractnig municipalities, it will only serve to satisfy the basis on which the second allocation of sewer connetion units (9/13/88) had been issued and will not indicate that allocation of additional units is forthcoming. There was no monthly report from CHCA. Trustee Searle will convey to the Association that budget proposals should be submitted by them soon. Fire Chief Miller presented his monthly report which is on file in the Village Office. Treasurer Silber distributed his monthly report, Abstract of Warrants for approval and Budget Status Report. Motion by Trustee Pimentel, seconded by Trustee Searle: VOTED to approve the list of transfers as recommended by the Treasurer, copy fo which will be attached to Official Minute Book. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. The Treasurer was granted permission to pursue, with the Attorney, the issuance of serial bonds with TCTC necessary to fund the new fire truck. He said he will have actual figures at the February meeting. Treasurer Silber discussed the current status of the budget commenting that the total revenues will fall short by $15,000. He noted some areas where expenses are going to go over budget and stated that due to the Police contract, a significant chunk of Contingency has been expended. He stated that there is no Contingency left and asked the Board to advise departments to try to postpone expenditures of a discretionary nature until next budget year. He mentioned that the budget development worksheets for fiscal year 1991 -92 had been sent to various departments and asked that they be completed and returned to him by February 8. Motion by Trustee Pimentel, seconded by trustee Fleming: VOTED to approve the Abstract of Warrants dated 1/21/91 in the following amoutns: General Fund - $24,012.51, Sewer Fund - $21,633.19 with the exception of the Town and County tax bill for the parcel adjacent to the treatment plant which lies within the Town until it can be investigated.—Trustees Fleming, Pimentel, Searle, WEiss, Wheeler voted YES. Attorney Oesterle reported that the Homa lawsuit had been won by the Village and Mr. Hoima has thirty days in which to either file an appeal or pay his bill. She said she will not begin collection proceedings (if necessary) without first informing the Board. s 1 Minutes of Regular Meeting 1/21/91 Trustee Searle left the meeting at 9:00 p.m. Police Chief Wall presented his monthly report which is on file. Chief Wall reported that the DARE graduation will take place at Northeast School on ®Wednesday, January 23, 1991 and at the Cayuga Heights School on January 30, 1991 - 7:30 p.m. and invited the Baord to attend. Chief Wall asked that the Baord consider once again having an identifying sign placed in front of the Village Hall. Supt. of Public Works Rogers submitted his monthly report which is on file. Bids for a used 1990 leaf vacuum were reported as follows: 1) Tracey Road Equipment - 1991 Tarco Model Sig -T -Vac - $7,787.00 2) Tracey Road Equipment - 1991 Tarco Model Big -T -Vac $7,287.00 3) Tracey Raod Equipment - 1991 American Fox 875 - $8,919.00 4) Roberts Equipment - 1990 Giant Vac Model 6800 w/279 hrs. - $1,500 Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4220 - ACCEPT BID FROM ROBERTS EQUIPMENT FOR LEAF VACUUM VOTED to accept the bid submitted by Roberts Equipment, Inc., low bidder, for a used 1990 "Trail Behind" leaf vacuum for $1,500.00. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. Engineer Rogers reported that the pretreatment microfilter which was to have been in- stalled at the B -W Automotive Plant in December was delayed and it was hoped it could be installed by mid - January. The Engineer will follow up on this. Engineer Rogers mentioned again that the DEC standards were exceeded for the month of December when the flow at the WWTP was recorded at 2.3 MGD, The Attorney advised the Engineer to include flow figures in his future monthly reports. Motion by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4221 - ADOPT LOCAL LAW 111 OF 1991 K VOTED to adopt Local Law No. 1 of 1991 - Traffic Control Law which supersedes Local Law No. 2 of 1990, effective upon filing with the State. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. Motion by trustee Pimentel, seconded by trustee Fleming: RESOLUTION 4222 - PUBLIC HEARING TO CONSIDER PROPOSED LOCAL LAW NO. 2 OF 1991 VOTED to schedule a public hearing February 18, 1991 at 7:15 p.m. in the Village Hall to consider the adoption of a propsoed Local Law No. 2 of 1991 entitled, "Traffic Control Law" - Section 5c and 5d which amends and supersedes Local Law No. 1 of 1991. Trustees Fleming, Pimetnel, Searle, Weiss, Wheeler voted YES. Mayor Anderson reported that he has sent letters to the three engineering firms as instructed at the December meeting. The Attorney reviewed two versions which she had prepared of the revised proposed resolution "Remington Roadway Sewer System Special Assessment." It was clarified that the sewer line serving Mr. Stanton was put in by the Town of Ithaca. Motion by Trustee Pimentel, seconded by Trustee Weiss: RESOLUTION 4223 - REMINGTON ROADWAY SEWER SYSTEM SPECIAL ASSESSMENT DISTRICT WHEREAS, that 50 foot wide portion of Remington Road from North Sunset Drive to lot numbered 17 on Village Tax maps 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 by the Village of Cayuga Heights in 1954 when it was annexed by the Village from the Town of Ithaca, and 4 1/21/91 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, the Board of Trustees for the Village of Cayuga Heights has resolved that the above - mentioned portion of Remington Road shall be reopened, and WHEREAS, in the interest of the health and safety of the property owners of lots with frontage on the above - mentioned portion of Remington Road, a sewer district shall be established which shall provide sewer to service certain of the lots with frontage on the above - metnioned portion of Remington Road which need sewer service, to wit, a portion of tax parcel 8 -1 -11 and tax parcels 8 -1 -12.1; 8 -1 -13.2 and 8 -1 -14, and WHEREAS, said sewer district will increase the values of these properties with frontage on the above - mentioned portion of Remington Road which need sewer service, NOW THEREFORER, it is resolved that 1. It is in the best interests of the Village of Caygua Heights and more particularly the owners of property with frontage on the above - mentioned portion of Remington Road to establish a sewer district. Sewer mains shall be constructed which provide for sewer service to service certain of the lots with frontage on the above - mentioned portion of Remington Road which need sewer service. 2. The lots with frontage on the above - mentioned portion of Remington Road which need sewer service are a portion of Tax Parcel 8 -1 -11, and Tax Parcels 8 -1 -12.1, 8 -1 -13.2, and 8 -1 -14. 3. It is not in the best interests of the Village of Caygua Heights provide the above - mentioned sewer system at the general expense of its taxpayers. 4. The costs of sewer system along the above - mentioned portion of Remington Road shall be allocated to the landowners who own frontage on the above - mentioned portion of Rem- ington Road which need sewer service (Tax Parcels 8 -1 -11, 8 -1 -12.1, 8 -1 -13.2 and 8 -1 -14) in accordance with Village law 22 -2200. Tax Parcels 8 -1 -12.1, 8 -1 -13.2 and 8 -1 -14 shall pay said costs on a frontage foot basis. The owner of Tax parcel 8 -1 -11 shall pay costs based upon 40% of the frontage feet of said parcel. The Village of Caygua heights shall pay none of these costs. 5. The assessments against the adjacent landowners as stated above shall be allocated over a ten (10) year period through the special assessment district as stated herein. 6. A map should be prepared showing the sewer system special assessment district and filed with the Village Clerk within 30 days of passage of this resolution. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. There was discussion concerning the matter relative to the possibility of allowing adjacent landowners to opt out of development of their lots. Trustee Weiss said he could see no benefit to the Village if it were the case that only one property owner wished not to develop his land and asked what great advantage this would be to the Village to provide this option. The Attorney was asked to work out the appropriate language in a draft resolution for review at the February meeting. The Attorney re- viewed the revised propsoed resolution regarding special highway assessment district. She reported that Attorney Barney, in his memo to her regarding the portion of Reming- ton Road which lies within the Town of Ithaca. (see minutes of 12/17/90 - page2) said that the Town is willing to take whatever steps seem appropriate if the Village will advise what it considers appropriate. The Attorney will make a recommendation at the the February meeting. Motion by Trustee Fleming, seconded by trustee Pimentel: RESOLUTION 4224 - REMINGTON ROADWAY SPECIAL HIGHWAY DISTRICT WHEREAS, that 50 foot wide portion of Remington Road from North Sunset Drive to lot numbered 17 on Village Tax maps 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 Remignton Road ") was acquired by the Village of Cayuga Heights in 1954 when it was annexed by the Village from the Town of Ithaca, and 1 1/21/91 5 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 usable condition when a Village property owner whose property fronts on the road prepares to build on his prop- erty. Furtehr, 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 7 -2 -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 WHEREAS, other property owners along Remington Road.have asked that Remington Road be reopened, and WHEREAS, Mr. and Mrs. Dennis Shepherd and other property owners have asked that Remington Road be reopened at no cost to them, and WHEREAS, other property owners in the Village of Cayuga Heights have asked that Remington Road not be reopened or reopened only at the expense of the adjoining landowners, and WHEREAS, the Board of Trustees of the Village of Cayuga Heights hired T.G. Miller & Associates, Engineers and Surveyors to estimate the costs of reopening said road and providing utilities to all of the lots located on the closed Remington Road, 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 NOW THEREFORE, it is resolved that 1. It is in the best interests of the Village of Cayuga Heights to reopen closed Remington Road. 2. It is not in the best interests of the Village of Cayuga Heights to reopen closed Remington Road at the full general expense of its taxpayers. 3. Closed Remington Road shall be improved by grading and resurfacing with a gravel surface. These costs shall be allocated between the Village of Cayuga Heights and the abutting landowners in accordance with Village Law Section 6 -222 on a frontage foot basis in accordance to the benefit to each landowners. Tax Parcel 7 -2 -1 does not receive any benefit from reopening Remington Road and shall not have costs allocated to it for the road. Tax Parcel 8 -1 -11 does not receive full benefits from reopening Remington Road and costs shall not be allocated to that portion of the frontage of 8 -1 -11 that already has improved roadway on it. Tax Parcel 8 -1 -11 shall have costs allocated to that portion of it that does not have improved roadway on it. Tax Parcel 1 -4 -2.3 receives only partial benefit from reopening Remington Road and costs shall not be allocated to 60% of the frontage of 1- 4 -2.3. Tax parcel 1 -4 -2.3 shall have costs allocated to 40% of its frontage on Remington Road. 4. The Village of Cayuga Heights shall improve closed Remington Road by a two -lane road eighteen (18) feet wide with shoulders running from North Sunset Drive to Lake Street. The first stage of the road construction shall be as a gravel roadway. 5. One hundred percent (100 %) of the costs of the drainage improvement shall be paid by the Village of Cayuga Heights. 6. Thirty -four percent (34 %) of the costs of the roadway improvements, excluding macadam, shall be assessed against the adjacent landowners on the basis of each landowner's frontage along closed Remington Road and in accordance with the benefit received by each landowner. The Village of Cayuga Heights shall pay sixty -six percent (66 %) of the costs of the roadway improvemetns, excluding macadam, for closed Remington Road. 6 1/21/91 Tax Parcel 7 -2 -1 does not receive any benefit from reopening Remington Road and shall not have costs allocated to it for the roadway improvements, excluding macadam, Tax Parcel 8 -1 -11 does not receive full benefits from reopening Remington Road and costs shall not be allocated to that portion of the frontage of 8 -1 -11 that already has improved roadway on it. Tax Parcel 8 -1 -11 shall have costs for roadway improvements, excluding macadam, allocated to that portion of it that does not have improved roadway on it. Parcel 1 -4 -2.3 receives only partial benefit from reopening Remington Road and costs for raodway improvements, excluding macadam, shall not be allocated to 60% of the frontage of 1- 4 -2.3. Tax parcel 1 -4 -2.3 shall have costs for roadway improve- ments, excluding macadam, allocated to 40% of its frontage on Remington Road. 7. When conditions warrant further improvement of closed Remington Road (in the judg- ment 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. 8. Thirty -four percent (34%) of the costs of the macadam surfacing shall be assessed against the adjacent landowners on the basis of each landowner's frontage along closed Remington Road and in accordance with the benefit received by each landowner. The Village of Cayuga Heights shall pay sixty -six percent (66 %) of the costs of the macadam surface for closed Remington Road. Tax Parcel 7 -2 -1 does not receive any benefit from reopening Remington Road and shall not have costs allocated to it for the macadam surfacing. Tax parcel 8 -1 -11 does not receive full benefits from reopening Remington Road and costs shall not be allocated to that portion of the frontage of 8 -1 -11 that already has improved roadway on it. Tax Parcel 8 -1 -11 shall ahve costs for macadam surfacing allocated to that portion of it that does not have improved roadway on it. Tax Parcel 1 -4 -2.3 receives only par- tial benefit from reopening Remington Raod and costs for macadam surfacing shall not be allooated to 60% of the frontage of 1- 4 -2.3. TAx Parcel 1 -4 -2.3 shall have costs for macadam surfacing allocated to 40% of its frontage on Remington Road. 9. The assessments against the adjacent landowners as stated above shall be allocated over a ten (10) year period through the special assessment district as stated herein. 10. That portion of the roadway which lies within the Town of Ithaca shall not be improved until ownership of it is transferred to the Village of Cayuga Heights. 11. A map should be prepared showing the roadway special assessment district and filed with the Village Clerk within 30 days of passage of this resolution. Trustees Fleming, Pimentel, Weiss voted YES. Trustee Wheeler ABSTAINED. MRS. Shepherd spoke of a legal deadline of three months (from the time of adoption of Remington Road resolutions) to file a suit against the Village. She asked when property owners could expect final cost figures. Mayor Anderson replied that he believed it would be 90 days before the Board will ahve actual figures from bidders. Motin by Trustee Pimentel, seconded by Trustee Fleming: RESOLUTION 4225 - ENTER EXECUTIVE SESSION VOTED to enter Executive Session at 10:03 p.m. to discuss litigation matters. Trustees Fleming, Pimentel, Searle, Weiss, Wheeler voted YES. The Board reconvened to regular session at 10:18 p.m. Moved to adjourn the meeting at 10:19 p.m. Anne Krohto Clerk Minutes of a public hearing, duly published and posted, held February 18, 1991 at 7:15 p.m. in the Village Hall, to consider proposed Local Law No. 2 of 1991 entitled, "Traffic Control Law" amending and superseding Local Law No. 1 of 1991, Section 5c and 5d. PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Searle, Weiss, Wheeler; Attorney Oesterle; Treasurer Silber; Supt. of P.W. Rogers; Police Chief Wall; Fire Chief Miller. 0 ti