HomeMy WebLinkAboutReg Mtg. Minutes 8/20/1973ye2e�oC /
VILLAGE OF CAYUGA HEIGHTS
MINUTES of a regular meeting of the Board of Trustees held August 20, 1973 at
7:30 P.M. in the Village Hall.
PRESENT: Mayor F. G. Marcham, Trustees Verne A. Fogg, Claire C. Nulls, Shailer S.
Philbrick, Bane F. Randolph; Treasurer Gordon B. Wheeler, Attorney Roger B. Sovocool;
Acting Police Chief Floyd L. Darling, Jr.; Fire Chief Ned G. Boice.
ABSENT: Trustees David J. Allee, Robert L. VonBerg and Engineer John B. Rogers.
OTHERS: Mr. and Mrs. Warren and Peg Kimball.
Mayor Marcham read a request from Mrs. Warren and J. Peter Patrick, D.D.S. for a
variance in the zoning to allow Dr. Patrick to operate a dentist office at
1001 Hanshaw Road in a residential zone. As Mayor Marcham pointed out this is not
a request which can be handled by a variance but should be considered as a request
to rezone a certain parcel from residential zone to commercial zone.
Mrs. Warren spoke of the hardships of a Mr. Marvin who purchased the property and
later found he had no position in the area so was forced to take a position in
Pennsylvania. She also gave very good recommendations as to the character of the
Patrick's.
Mayor Marcham made a point that changes in the Zoning Ordinance were never dealt
with on a person to person basis but on the basis of whether it would be in the
best interest of the Village as a whole.
After more discussions the Warren's and Mrs. Kimball left.
• RESOLUTION # 2132 - ZONING
VOTED to reject, with regret, the application from Warren Real Estate and Dr.
Patrick for a change in the zoning of 1001 Hanshaw Road from residential zone to
commercial zone.
VOTED to approve the minutes of a regular meeting of July 16, 1973, a special
meeting of July 13, 1973 and a Public Hearing of July 302 1973 as previously sent
Trustees in mimeographed form.
VOTED to approve the Abstract of Audited Vouchers dated August 20, 1973 in the
following amounts: General Fund - $14,320.87, Sewer Fund - $6,887.26, Capital
Fund - $157,560:71
Mayor F. G. Marcham gave his report -and cl, is on file in the Village Office.
RESOLUTION # 2133 - AUTHORIZE SIGNATURE & DESIGNATE FISCAL
OFFICER
WHEREAS, Section 1263 -b of the Public Health Law of the State of New York and
various Federal laws provide financial aid for the construction of sewage treatment
works; and
• WHEREAS, VILLAGE OF CAYUGA HEIGHTS, 836 Hanshaw Road, Ithaca, New York 14850,
hereinafter called the APPLICANT, has made Application for STATE Aid For Construction
of Sewage Treatment Works, State Water Pollution Control Project Number*
WPC- NY -C -36 -605 and
Minutes 8/20/73 Page 2
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF
NEW YORK, hereinafter referred to as the STATE, for such STATE Aid be executed on
behalf of VILLAGE OF CAYUGA HEIGHTS: now
THEREFORE BE IT RESOLVED BY BOARD OF TRUSTEES, the governing body of said APPLICANT,
as follows:
1. That F. G. Marcham, Mayor be hereby authorized to sign, on behalf of the
APPLICANT, STATE Contract WPC -EPC- , providing for payment by the STATE of
a portion of the cost of construction of Sewage Treatment Works; and
2. That Gordon B. Wheeler, Treasurer be designated as the Fiscal Officer of said
APPLICANT to receive and distribute funds as the authorized Fiscal Officer of the
APPLICANT in connection with said Project; and
3. That Five (5) Certified Copies of this Resolution be prepared and sent to the
New York State Department of Environmental Conservation, Albany, New York, together
with the signed STATE Contract; and
4. That this Resolution shall take effect immediately.
RESOLUTION # 2134 - APPLICATION FOR STATE AID-
WHEREAS, Section 1263 -b of the Public Health Law of New York State and various
Federal laws provido finaricial aid for the construction of sewage treatment works;
and
WHEREAS, VILLAGE OF CAYUGA HEIGHTS, herein called the Applicant, has final engineering
plans for sewage treatment works generally described as Sewage Treatment Works,
State Water Pollution Control Project Number WPC- NY -C -36 -605 which plans have been
prepared and approved in accordance with Article 12 of the New York State Public
Health Lasr, and intends to proceed with the construction of such works; now
THEREFORE BE IT RESOLVED BY BOARD OF TRUSTEES, the governing body of said Applicant,
as follows:
1. That F. G. Marcham, Mayor be authorized to make application for State construction
aid and provide the State of New York such information, date and documents pertaining
to the application for a grant as may be required, and otherwise act as the
authorized representative of the Applicant in connection with said application;
2. That the Applicant agrees that if a Federal grant or grants and State assistance
for the sewage treatment works are made pursuant to the Federal Water Pollution
Control Act, as amended (33 U.S.C. 446 et seq.), or any other Federal Law or
program, and Section 1263 -b of the New York State Public Health Law, the VILLAGE
OF CAYUGA HEIGHTS will pay the remaining costs of the approved construction;
3. That all statements, data and supporting documents made or submitted by the
Applicant in connection with any application for Federal assistance for the
• proposed construction are to be deemed a part of the application for State
assistance;
4. That the Applicant agrees to comply frith the assurances specified in Section
44.17 of the Administrative Rules and Regulations of the State Department of Health
(10 NYCRR 44.17);
Minutes 8/20/73 Page 3
5. That five (5) certified copies of this resolution be prepared to accompany an
application for State aid for the construction of sewage treatment works.
Mayor Marcham met last Thursday, August 16, 1973 with Town of Ithaca Supervisor
Schwan and Attorney Buyoucos on the one side and Mr. Clynes, Mr. Donner, Mr.
Wilkinson on the other side to discuss the purchase of land from the Bolton Estate
to be used for the site of the treatment plant for the Bolton Point Water Program.
Mr. Clynes appeared as attorney for the estate, Mr. Donner represented the Tompkins
County Trust Company, one of the executors, Mr. Wilkinson is an Executor.
Mr. Fellows was representing the Towns as appraisers; the other side had appointed
Mr. Austin as their appraiser. Mr. Austin set the price of the land at $1792000,
Fellows and Lane said $23,500. About $80,000 of Mr. Austin's figure represented
supposed damages to the rest of the estate consequent upon our building the plant,
the pumping station and the extension to the road. After some heated conversation
the Mayor and the Town representatives agreed that the only course open was to
seek condemnation of the necessary land.
Mayor has a request from Attorney Buyoucos for a Mr. & Mrs. Walter H. Ku to purchase
a 25' strip of Village owned land adjacent to their north boundary.
RESOLUTION #2135 - 25' STRIP OF LAND
VOTED to request the Attorney and Mayor to follow up the matter of the status of
ownership of a 25' strip of land laying between the property of Mr. Ku and Mr. Call.
The forthcoming American Revolution Bicentennial Celebration has given rise to a
Commission which invites communities to take part in activities, according to a
pattern defined by the Commission. Communities that respond in the proper way are
assured recognition "as one of the nations bicentennial communities ". If the
Village wished to enter this program it would be required, first, to establish a
planning and co- ordination group, and second, to commit itself to developing
activities under the general headings Heritage 176, Festival U.S.A. and Horizons 176.
Mayor asked what the Board wished to do. They discussed the subject and decided
the Village is too small to go it alone but should join Stith an overall group or
the greater Ithaca area to celebrate this bicentennial.
The sample contract for operations of the sewage treatment plant was turned over
to the Attorney for study.
RESOLUTION # 2136 - APPROVE TRANSERS
VOTED to approve the following transfer of funds:
TO FROM
A3410.2 Fire Dept. Equipment A1990.0 Contingency 23000
A8760.0 Flood Repairs A1990.0 Contingency 1,800
• A9995.52 Miscellaneous A1990.0 Contingency 500
Minutes 8/20/73
RESOLUTION # 2137 - BOND ANTICIPATION NOTE
Page 4
VOTED to authorize the issuance of a Bond Anticipation Note No. 4 for a period of
one year for $500,000 to be drawn up by the Attorney on the Tompkins County Trust
Company or the First National Bank. The money from this note to be used for the
Sewer Plant Expansion Program.
RESOLUTION # 2138 - REVENUE SHARING PLANS
VOTED to allocate the Federal Revenue Sharing Funds for the forthcoming year
according to the following plan:
10,000 for the Bolton Point Water Program
5,683 for the Fire Department ladder truck
15,683 estimated revenue
�t �t
Bids for the removal of diseased elm trees on Village rights of way were opened
at noon today with the following bids received:
White Nurseries $3,876.00
General Arborists, Inc. 3,470.00
S & S Tree Service 3,500.00
• RESOLUTION # 2139 - AWARD TREE BID
VOTED to award.the bid of $3,500 for tree removal from Village rights of way to
S & S Tree Service since the General Arborists bid did not meet instruction number
two as set forth in the Instructions to Bidders.
RESOLUTION # 2140 - STREET LIGHTING CONTRACT
VOTED to instruct the Attorney to draft a new form of contract between the Village
and the Nev, York State Electric & Gas Corporation to include underground street
lighting.
RESOLUTION # 2141 - CONFIRM FORMER ACTION
VOTED to confirm the Board's action of July 30, 1973 regarding Resolution #2131 on
the purchase of a 3/4 ton truck and to change the year from 1973 to 1974.
# 2142 - FIRE PREVENTION CODE
TOTED to adopt the following amendments and additions to ARTICLE II - FUMIGATION
• AAD FIRES:
(Copy attached)
Minutes 8/20/73 Page 5
RESOLUTION # 2143 - CONTRACT SEWER DISTRICT 2
VOTED to authorize the Mayor to sign a contract between the Town of Lansing and the
Village of Cayuga Heights to add an addendum to Sewer District No. 2 Contract for
treatment of sewage which will include the Morse Borg Warner buildings.
Attorney Sovocool read a letter from the Bonding Attorneys which explained the
difference between Town Law and Village Lair in reference to the Bolton Point Water
Program. The Village does not have to have as many Public Hearings and resolutions
as the Towns therefore the Village is further advanced than the Towns at this time
in its preparation for formal action. The first step is for all the municipalities
to enter into an agreement before the Village passes a Bond Resolution for its
share of the funds for the project.
The agreement is almost ready. The matter of hook -up charges and how they are to
apply to each municipality, etc. that must be worked out and agreed upon before
the signing can take place. When this is done the Village Board can hold a
special meeting to authorize the signing.
The Attorney spoke of Mr. Liberman's claims of abuse by the contractor for the
laying of the outfall pipe for the treatment plant project and an offer withdrawing
all objections and claims for a settlement of $73000.
The Board asked the Attorney to pursue the matter and report back.
Trustee Philbrick suggested we have pictures of the site and Acting Police Chief
Darling was assigned the task.
Fire Chief Ned G. Boice gave his report and it is on file in the Village Office.
After a discussion of the unsatisfactory condition of one of the driveways at the
Fire Station, it was decided to have a meeting at the Fire Station to decide what
should be done. Trustee Philbrick, Trustee Fogg, Engineer Rogers, Bob Tyrrell,
Public Works Foreman and perhaps Ron Anderson to fill in for the Fire Chief would
be the persons to decide the driveway's condition and determine the correct solution
for the repair.
Acting Police Chief Floyd L. Darling, Jr. gave his report and it is on file in
the Village Office.
The Clerk gave her report and it is on file in the Village Office.
RESOLUTION # 2144 - PURCHASE ENVELOPES
VOTED to approve the purchase of 1500 government printed 8¢ stamped envelopes
for $138.60.
Meeting adjor: red at 10:33 P.M.
Rose M. Tierney
41 Village Clerk