HomeMy WebLinkAboutPublic Hearing 12/16/1974VILLAGE OF CAYUGA HEIGHTS
836 Hanahaw Road
MINUTES of a PUBLIC HEARING held at 7 :30 p.m. on December 16, 1974 in the Village
Hall to consider a NO PARKING ZONE in the Commercial Zone and adjacent Residential
Zone.
PRESENT: Mayor F. G. Marcham; Trustees Ronald E. Anderson, Verne A. Fogg, Dooley
S. Kiefer, Shailer S. Philbrick, Race F. Randolph; Attorney Roger B. Sovocool;
Treasurer Gordon B. Wheeler; Engineer /Zoning Officer John B. Rogers; Police Chief
Harlin R. McEwen; Fire Chief Lowell T. George.
ABSENT: Trustee David J. Allee CoRP
yp„mi o
OTHERS PRESENT: Mr. Craig,(" k Jensen of the Ithaca Journal.
Mayor Marcham read the duly advertised notice of the public hearing and the pro-
posed amendments to Article IV, Section 7.
There were no comments and the Mayor closed the Public Hearing at 7 :40 p.m.
MINUTES of a Regular Meeting of the Board of Trustees of the Village of Cayuga
Heights held at 7:40 p.m., December 16, 1974 in the Village Hall.
• PRESENT: Mayor F. G. Marcham; Trustees Ronald E. Anderson, Verne Fogg, Dooley
S. Kiefer, Shailer S. Philbrick, Rane F. Randolph; Attorney Roger B. Sovocool;
Engineer /Zoning Officer John B. Rogers; Police Chief Harlin R. McEwen;
Treasurer Gordon B. Wheeler; Fire Chief Lowell T. George.
ABSENT: Trustee David J. Allee
OTHERS PRESENT: Mr. Craig; Rick Jensen of the Ithaca Journa; Professor Walter Lynn
Moved by Trustee Randolph, seconded by Trustee Anderson:
2364 - APPROVE MINUTES
VOTED to approve the minutes of a regular meeting of the Board of Trustees held
November 18, 1974 as previously furnished Trustees in mimeographed form by in-
cluding after the approval of Abstract of Audited Vouchers that the Mayor and
Fire Chief's reports were received and filed in the Village Office.
Moved by Trustee Randolph, seconded by Trustee Anderson:
VOTED to approve the Abstract of Audited Vouchers dated 12/l6/74 in the following
amounts: General Fund - $10,316.53; Sewer Fund - $109870.37; Capital Fund -
$33,110.10; Federal Revenue Sharing - $487.26.
Mayor Marcham gave his report and it is on file in the Village Office. The Mayor
• read a letter received from the Tompkins County Board of Representatives concerning
an ad -hoc Youth and Recreation Committee and asked for names of persons who might
be interested to serve. He was instructed to approach Mrs. David Allee.
MINUTES of Regular Meeting, December 16, 1974 page 2
• Moved by Trustee Randolph, seconded by Trustee Philbrick:
RESOLUTION 2365 - TRUSTEESHIPS EXPIRE
VOTED that three vacancies for Trustee, each for a two -year term will expire on
March 31, 1974, namely those of Trustees Anderson, Fogg, and Philbrick.
EMM.:
After a discussion concerning the request of Challenge Industries to collect glass
in the Village, the Board instructed the Engineer to etudy the procedure with the
Public Works Superintendent and try to find a workable solution.
The Mayor reported he had called the State Office regarding the low Equalization
Rate (64 %) and asked for a letter stating the formula used. Serious study will
be done to determine if an appeal is in order.
Moved by Trustee Philbrick, seconded by Trustee Fogg:
RESOLUTION 2366 - A - AUTHORIZING AWARD OF CONSTRUCTION CONTRACTS
FOR SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER
SUPPLY AND DISTRIBUTION FACILITIES (BOLTON
POINT PROJECT)
WHEREAS, sealed bids for the construction of water supply and distribution
facilities for the Southern Cayuga Lake Intermunicipal Water Supply and Distribu-
tion Project have been received and opened at the time and place specified in the
notice to bidders for submission of proposals, duly published; and Lozier Engineers,
Inc. (the Project Engineers) have examined the bid proposals and the contract docu-
ments, and have investigated the contractors submitting the lowest bids, and has
considered any alternate types of construction offered in said proposals, and
further have submitted their report and findings including the tabulation of the
bids and the names of the lowest responsible bidders for the construction of said
facilities in accordance with plans, specifications, and contract documents as
prepared and filed by the Project Engineers; and the Project Engineers have further
recommended that in accordance with the provisions contained in said contract
documents certain omissions and changes may be made in the construction plans
d uring the course of construction without changing materially the original design
and plan and without lessening the operational capacity of the project's facili-
ties or the standards of compliance with applicable governmental requirements; and#
the Southern Cayuga Lake Intermunicipal Commission has requested that this Board
designate a person or persons to execute any such change orders upon the recommen-
dation of the Project Engineers and the Commission, in order that each change
order need not be submitted for approval at a duly called meeting of the governing
Board of each municipality; and
WHEREAS, the Southern Cayuga Lake Intermunicipal stater Commission has reviewed the
bids and contract proposals and documents and the report, recommendation and
findings of the Project Engineers and has also determined that the persons or
companies hereinafter named are the lowest responsible bidders and has recommended
that the bid proposals of said companies be accepted subject to compliance with all
• applicable legal provisions, procedures, and requirements,
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MINUTES of a Regular Meeting, December 16, 1974
NOW, THEREFORE, IT IS RESOLVED:
page 3
Section 1. That this Board finds and determines that the following are the
lowest responsible bidders and proposals for the construction of the aforesaid
water supply and distribution facilities in accordance with the aforesaid plans,
specifications, and contract documents:
(A) Contract G, H, & P: Stewart & Bennett, Inc., 714 West Clinton Street,
Ithaca, N.Y. in the amount of $4,140,355.00, determined
as follows:
W Contract G $399189655.00
(ii) Contract H 1932000.00
(iii) Contract P 69,700-00
*421U,355-00
Less, a deduction for the
'combined award 41 000.00
Net Total P11401355.00
(B) Contract E: T. H. Green Electric Co., 235 Metro Park, Rochester,N.Y.
in the amount of $ 852,600.00
(C) Contract T: Masciarelli Construction Co., Inc., 11 Second Street,
Binghamton, N.Y. in the amount of:
$10461920.00
(D) Contract I: Chemung Contracting Corp., 105 Chemung Place,
Elmira, N.Y, in the amount of $ 434,950.00
(E) Contract S: Chicago Bridge & Iron Co., 1 Wall St., New York, N.Y.
10005, for Alternate Item S -lA -1, in the amount of
$ 272,500.00
TOTAL $7,247,325.00
Section 2. That the above proposals be accepted and that the contracts be
awarded to the above -named companies, as aforesaid; that the Mayor is hereby
authorized to execute the aforesaid contract documents as prepared by the Project
Engineers and the attorney for the Commission acting in behalf of the Towns of
Dryden, Ithaca, and Lansing, and the Village of Cayuga Heights and approved by
the Attorney for each of said municipalities provided that the acceptance of said
proposals by this Board shall not be effective until the contract documents have
been duly executed and acknowledged by authorized officer of each of the Towns of
Dryden, Ithaca, Lansing, and the Village of Cayuga Heights and by duly authorized
officer of each of the above -named bidders and the contractor has supplied all
items or documents required by said contract documents, including duly executed
security for performance and material payments (performance bonds, material
payment bonds) and insurance policies.
Section 3. That the Mayor or his Deputy or any other person duly authorized by
this Board is authorized, to the extent permitted by law, to execute, on behalf
of this Board: (i) any change orders which may from time to time be recommended
or approved by the Project Engineers and the Southern Cayuga Lake Inter municipal
MINUTES of a Regular Meeting, December 16, 1974 page 4
Water Commission acting in behalf of the four participating municipalities and
(11) any and all other documents which may be required from time to time to
effectuate this resolution and the construction of the aforesaid project; subject
to such restrictions and regulations as this Board may from time to time adopt
provided that due notice thereof shall be given to the Project Engineera, the
Commission, and to contractors performing work in this project.
Five Trustees present, four voting YES, Trustee Kiefer voting NO..
Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2367 - B - RESOLUTION AUTHORIZING CONDEMNATION PROCEL•D-
INGS TO ACQUIRE LANDS FOR THE SOUTHERN CAYUGA
LAKE INTERMUNICIPAL WATER SUPPLY AND DISTRI-
BUTION PROJECT
WHEREAS, (A) It appears that it is necessary that the lands hereinafter described,
be acquired for the purpose of constructing improvements thereon, or otherwise
using the same, in connection with the Southern Cayuga Lake Intermunicipal Water
Supply and Distribution Project, the title thereto to be held jointly by the
Towns of Dryden, Ithaca, Lansing, and the Village of Cayuga Heights, and
(B) The lands and interests therein to be acquired are located in the Town of
Lansing, and are the lands owned formerly by Fred Bush, now deceased, and are
more particularly shown on the "Acquisition Map No. 11" for the Water Tank Site
• and accesseasement over the lands of the said Bush Estate on Triphammer Road,
and are more particularly described in the letter dated November 18, 1974 from
Walter J. Schwan, as Treasurer of the Southern Cayuga Lake Intermunicipal Water
Commission to Robert S. Bush, Executor of the Estate of Fred Bush,
NOW, THEREFORE, IT IS RESOLVED THAT:
1. The offer to acquire said lands as contained in the aforesaid letter dated
November 18, 1974 is confirmed, and the Mayor or his Deputy is authorized to
execute any and all documents required to accept title to the premises and ease-
ments therein described, and
2. If said offer is not accepted, the Village of Cayuga Heights, either separate-
ly or jointly with the Towns of Dryden, Ithaca, and Lansing, shall commence and
prosecute all actions or proceedings under the Condemnation Law, or other applica-
ble laws of New York, to obtain title to said lands and easements and the Mayor
or his Deputy is authorized to sign or verify any and all pleadings or process or
other documents in said proceeding, and
3. The negotiations to acquire said lands and interests therein shall be con-
ducted by the Southern Cayuga Lake Intermunicipal Water Commission and its
counsel, and the said Commission and its counsel are hereby authorized to prepare
all pleadings, make investigations, obtain witnesses, and otherwise prepare for
and conduct the trial of any action or proceeding in condemnation of such lands.
The Chairman or Treasurer of the Southern Cayuga Lake Intermunicipal Water Com fts-
. Sion is authorized to verify any pleading or process in any such proceeding as the
agent of this Board;
4. In addition, the Treasurer or the Chairman of said Commission or other persons
authorized by the Commission, and the counsel for the Commission, are authorized
to conduct all other negotiations to acquire any other lands or easements as the
Commission and the Project Engineers shall deem necessary, based upon the plans
MINUTES of Regular Mceting, December 16,.1974
page 5
• and specifications and to have the value thereof appraised by competent appraisers,
subject to final approval by the four participating municipalities, but this pro-
vision is not intended to delegate any rights or powers which cannot be delegated
by this Board, nor do any provisions herein grant to the Commission any status an
a party to any condemnation action or proceeding.
5. In addition, the Mayor or his Deputy, are authorized either separately, in
behalf of this municipality, or jointly with the other participating municipalities,
to commence any and all other actions or proceedings under the Condemnation Law or
other New York law to acquire all other lands, easements, or other interests
therein which may be required for the purposes of this Project and as recommended
by the Commission and the Project Engineers.
Five Trustees present, four voting YES, Trustee Kiefer voting NO.
Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2368 - C - IN THE MATTER OF THE IRTERMUNICIPAL AGREEMENT
FOR THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL
WATER SUPPLY AND DISTRIBUTION FACILITIES
WHEREAS, the co §t of the Water Supply Project has been increased and such in-
crease has been duly approved by the Boards of the four municipalities of the
said Project in accordance with applicable legal procedures and, as a result,
it is necessary to revise the Agreement of Municipal Cooperation heretofore
executed by the said municipalities, and the Southern Cayuga Lake Intermunicipal
Water Commission has caused the necessary revisions of the said Agreement to be
made and has recommended the execution of all such revisions; the said revisions
are set forth in the document entitled "Modification of Agreement of Municipal
Cooperation for Construction, Financing, and Operation of an Intermunicipal Water
Supply and Transmission System ", now filed with this Board and which will be dated
as.of December 16, 1974;
NOW, THEREFORE, IT IS RESOLVED:
That all such revisions and the said Agreement; ae revised, are hereby ratified
and the Mayor or his Deputy are hereby authorized to execute any such revisions
or the entire Agreement as so revised.
Five Trustees present, four voting YES, Trustee Kiefer voting NO.
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MINUTES OF Regular Meeting, December 169 1974 page 6
0 Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2369 - D - IN THE MATTER OF THE ENGINEERING AGREEMENT
FOR THE SOUTHERN CAYUGA LAKE INPERMUNICIPA
WATER PROJECT
RESOLVED, that the Mayor is hereby authorized to execute the contract between the
Towns of Dryden, Ithaca, and Lansing, and the Village of Cayuga Heights, and
Lozier Engineers, Inc., dated as of the 2nd day of December, 1974.
Five Trustees present; four voting YES, Trustee Kiefer voting NO.
RESOLUTION 2370 - MEMORANDUM OF WATER
VOTED that members of the Board of Trustees record the fact that the foregoing
four Resolutions were prepared by Attorneys Buyoucos, Counsel for the Water Com-
mission at the instructions of the Commission and were presented to the Village
Board along with a Memorandum listing the Resolutions and indicating their purpose
and the additions to them and the time when they should be adopted.
Unanimously passed.
Mayor Marcham was informed of the time for signing of the Contract Documents as
1:00 p.m., tomorrow, December 17, 1974, at the Office of the Town of Ithaca.
Professor Lynn asked to have a word. His concern was for the problem of water
pressure in the linesnow and the quality of Cayuga Lake. Trustee Philbrick
assured Professor Lynn that the pressure in the new system would be better than
the present pressure. Professor Lynn presented us with a copy of a PUBLIC NOTICE
which appeared in the Ithaca Journal, December 11, 1974, which concerned Amend-
ments to the Federal Water Pollution Control Act of 1972. It is on file in the
Village Office.
Mayor Marcham expressed optimism on the cooperation of the four municipalities
and their appointed Commissioners to operate the water program efficiently.
Mayor Marcham turned the meeting over to Deputy Mayor Rane F. Randolph at 9 :10 p.m.
Fire Chief George gave his report and it is on file in the Village Office.
Moved by Trustee Anderson, seconded by Trustee Fogg:
RESOLUTION 2371 - FIRE DEPT. PURCHASES
VOTED to approve the purchase of the following items for the Fire Dept:
John Deere power washer to wash the fire trucks $350.00
Pullman commercial wet vacuum 293.00
12 fire helmets @ $30.00 /ea 360.00
6 pairs of fire boots @ $30.00 /ea 180.00
$113.00
Passed by unanimous vote.
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MINUTES of Regular Meeting, December 16, 1974
Fire Inspector Dymek's report is on file in the Village Office.
page' 7
Treasurer Wheeler reported that the 6 month's report would be a little late.
He has asked for a proposed budget from the Town Supervisor but has not received
it as yet. He wishes to study this budget to analyze the cause of the raise to
Villagers of the tax for the Town of Ithaca. He is checking into the cost to
the Village of the old workmen's compensation program through the County.
Moved by Trustee Fogg, seconded by Trustee Philbrick:
RESOLUTION 2372 - APPROVE TRANSFERS
VOTED to approve the following transfer of funds:
TO
A3120.21 Police Equip Maint
A1940.0 Purchase of Property
A3120.53 Police Dept. Ins.
A3410.2 Fire Dept Equip
A3410.53 Fire Dept Ins
A5110.2 Streets Equip
A5110.4 Streets - Contract Services
A5110.51 Streets - Supplies
A5142.2 Snow Removal Equip
G8120.2 Sewer Lines Equip
G8120.4 Sewer Lines Contract Services
G8120.51 Sewer Lines Supplies
G8130.51 Sewer Plant Supplies
Passed by unanimous vote.
FROM
A3120.2 Police Equip $2,000.00
Surplus 332236.35
A3120.2 Police Equip 525.00
Fire Dept Equip Fund 40,000.00
A3410.52 Fire Dept Utilities 600.00
A1990.0 Contingency 29.00
A5110.53 Streets - Ins 250.00
A1990.0 - Contingency 3,000.00
Surplus 62887.00
G1990.0 Contingency 500.00
G1990.0 Contingency 52000.00
G1990.0 Contingency 2,000.00
G1990.0 Contingency 11000.00
wWRES•of Regular Meeting, December 16, 1974 page 8
The Treasurer also presented a chart or breakdown on the monies spent the last
• three years on the sewer lines. The Engineer said we were in good shape on the
infiltration problem.
Zoning Officer Rogers gave his report and it is on file in the Village Office.
Attorney Sovocool told the Zoning Officer that be had answered the Attorneys
for Mr. Sprole regarding the antenna located on his property.
A plot plan was presented showing the location of tennis courts for the playing
fields for Cornell on the Old Country Club property which lies within the Village.
After much discussion, a motion was made by Trustee Fogg and seconded by Trustee
Philbrick:
RESOLUTION 2373 - TENNIS COURT PERMIT
VOTED that the Zoning Officer issue a Zoning Permit for six unlighted tennis
courts on the location so specified on plot plan.dated 12/5/70 filed with permit,
stipulating that the no parking on Jessup Road be enforced.
Passed unanimously.
Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2374 - JESSUP ROAD - NO PARKING
• VOTED to authorize and direct Mayor Marcham to write to Mr. Matyas bringing him
up to date on the no parking on Jessup Road and request that the Safety Division
of Cornell enforce the no parking on Jessup Road.
Passed unanimously.
Mr. Indelicato has erected a building used for storage of maintenance equipment
and now applies for the necessary Zoning Permit. After a lengthy discussion, the
Zoning Officer was instructed ho withhold the Certificate of Occupancy until the
building waa removed.
Engineer J. B. Rogers gave his report and it is on file in the Village Office.
Moved by Trustee Fogg, seconded by Trustee Kiefer:
RESOLUTION 2375 - CHANGE & EMA - SCUM TANK
VOTED to approve a change and extra in the proposed amount of $5,188 for a scum
tank as an excellent way to give flexibility in the operation of the plant to
ensure maximum treatment of sewage.
Unanimously passed.
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MINVrI:II of ReWtlnr Hoo4.1na. pv4:cmber 162 1974 page 9
Concerning the suggestion of Mr. Gleason to install a time clock on the grit
chamber for better economy in operation and reduce wear and tear on parts, the
• Board instructed the Engineer to consult with Teetor- Dobbins and report back.
Moved by Trustee Fogg, seconded by Trustee Philbrick.
RESOLUTION 2376 - EASEMENT FOR WATER LINES
VOTED to authorize the Mayor to execute any water line easements in connection
with the Bolton Point Water Program, subject to the concurrence of the Attorney
and Engineer.
Unanimously passed.
Attorney Sovocool reported a deed to Tyler Road has been presented to him. After
a discussion concerning the sewer lines in the road and possible others not in
the road, particularly that line which will eventually tie into the interceptor
sewer line, the Attorney was instructed to look into the sewer line matter and
report back. Engineer Rogers stated that the sewer line is in and has been air
tested and found to be satisfactory.
Police Chief McEwen gave his report and it is on file in the Village Office.
Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2377 - PUBLIC HEARING - NO PARKING
VOTED to authorize the Clerk to advertise for a Public Hearing to be held at
7:00 p.m., January 20, 1974 to consider an amendment to ARTICLE IV - Traffic
Ordinance, Section 7, to establish a NO PARKING ZONE on the east and west sides
of Triphammer Road for 100 feet north and 100 feet south of East Upland Road.
Unanimously passed.
The Engineer is instructed to make a feasibility study of the slope traveling
east on East Upland Road as it approaches Triphammer Road and estimate the cost
within 20%. or as closely as possible.
The Engineer, working with the Attorney, is instructed to have the shrubbery
trimmed at the property of 820 The Parkway and stress that Section 16 of the
Zoning Ordinance shall be enforced.
Moved by Trustee Philbrick, seconded by Trustee Fogg:
RESOLUTION 2378 - POLICE SECTION - PERSONNEL HANDBOOK
VOTED to adopt temporarily new rules for the Police Department concerning work
schedules, regular and overtime compensation, leave time, and other fringe benefits.
• These rules, dated 12/16/74, which are on file with the Village Clerk, are tempor-
arily adopted pending their inclusion in an-amended Personnel Handbook and shall
take effect January 1, 1975. Unanimously eased.
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MINUTES of Regular Meeting, December 16, 1974 page 10
Trustee Fogg is requested to get together a committee to update the Village
Peraonnel Handbook and incorporate the Refuse Department Holiday change policy
and the new rules for the Police Department.
Moved by Trustee Anderson, seconded by Trustee Fogg:
RESOLUTION 2379 - AMEND TRAFFIC ORDINANCE
VOTED to adopt the attached amendments to Article IV - Traffic Ordinance,
Section 6, subsection b. (2).
Unanimously passed.
� it at
Moved by Trustee Philbrick, seconded by Trustee Fogg:
RESOLUTION 2380 - PURCHASE STOP SIGNS
VOTED to approve the purchase of thirty -seven (37) NO PARKING signs to implement
the amendment to the Traffic Ordinance for a NO PARKING ZONE and four (4) more
for future needs.
Unanimously passed.
at **
RESOLUTION 2381 - 378 THE PARKWAY
VOTED to approve a change of address from 360 The Parkway to 378 The Parkway
for tax map parcel number 9- 5 -6.2.
*at*
Moved by Trustee Philbrick, seconded by Trustee Anderson:
RESOLUTION 2382 - PUBLISH ESTOPPEL
VOTED to authorize and direct the Clerk to publish the estoppel recognizing the
fact that no petition was filed for a referendum for the Bond Resolution published
November,8, 1974.
Unanimously passed.
Trustee Kiefer wished more time to get together material in regard to the TV Cable
Franchise so no resolution was made to authorize a public hearing for the January
meeting.
Trustee Anderson reported on the Tompkins County Planning JDepartment of which he
is a member.
• The Clerk gave her report and it is on file in the Village Office.
Meeting adjourned at 11:30 p.m.
Rose M. Tierney
Village Clerk