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HomeMy WebLinkAboutReg Mtg. Minutes 5/17/1976r VILLAGE OF CAYUGA HEIGHTS MINUTES of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held May 170 1976 at 7:30 p.m. in the Village Hall. PRESENT: Mayor F. G. Marcham; Trustees David J. Allee, Ronald E. Anderson, Sheller S. Phllbrick, Rene F. Randolph, Jean R. Robinson; Attorney Roger B. Sovocool; Engineer /Zoning Officer John B. Rogers; Police Chief Harlin R. McEwen. ABSENT: Trustee David Pimentel; Treasurer Gordon B. Wheeler; Fire Chief Lowell T. George. OTHERS PRESENT: Attorney Buyoucos; Mr. and Mrs. Cornwall. Mayor Marcham asked Mr. Buyoucos to present his petition for a resolution which he wishes concerning a piece of property at the intersection of Hanshaw and Highland Roads. Questions ware asked and Mayor Marcham said any action the Board wished to take would be acted upon later. Mr. and Mrs. Cornwall requested a right of way from the Village for access to a proposed parking lot for 830 Hanshaw Road. A drawing dated June I, 1976 was shown and the proposal was discussed at length. Moved by Trustee Phllbrick, seconded by Trustee Robinson: RESOLUTION 2559 - CORNWALL'S REQUEST VOTED to Instruct the Mayor to write a letter that the Board expresses a favorable •response to the proposal made by Mr. and Mrs. Cornwall but postpones further action until: a) The Cornwall's present proof that they have permission from the Village Green Association to the Village right of way; and b) a provisional draft of an agreement is drawn up by the Attorney regarding the property at 830 Hanshaw Road. Unanimously passed. Moved by Trustee Randolph, seconded by Trustee Allee: RESOLUTION :560 - VILLAGE RELINQUISH RIGHTS - LAND Tax Map No. 9 -3 -7 In the matter of tho clar;fication of Village rights for street purposes in Tax Parcel No. 9 -3 -7, known as 601 Highland Road. Section I. WHEREAS, the following clrCM-s ances, facts, and matters of record exist today affecting Lot 48 as shown on thn map of the Cayuga Heights Park Association lands of Jardd T. Newman and Charies Il. Blood (herein also Newman and Blood) dated June 22, 1921, filled In the Tompkins County Clerk's Office on June 27, 1921 (B -3 of Maps, at page 15), which Lot 48 was oonveyed by Cayuga Heights Park Association, Inc. to Ralph W. and Alison P. Curtis (herein also Curtis) by dead dated July 27, 19170 •recorded in Liber 188 of Deeds at page 494 and was thereafter conveyed by Alison B. Curtis to the present owners, Eiward B. and Marsha B. Andrews, by deed dated October 3, 1974, recorded in Liber 534 of Deeds at page 239, and are now known as 601 Highland Road. page'2 - MINUTES of Regular Board Meating, %ia: 17, 1976 A. Said Lot 48 was substantially a triangular parcel of land bounded on the • west and on its southerly apex by Highland Road as a 100 -foot road as described In paragraph B below, and on the east by Hanshaw Road (a 50 -foot road). B. Highland Road was originally planned by the then owners, Jared Newman and Charles Blood, as a 100 -fcot boulevard or street as shown on the Cayuga Heights Park Association Map, dated June 22, 1921, filed June 27, 1921 In Book B -3 of Maps at page 15, made by Carl Crandall. C. The deed to Ralph and Alison Curtis referred to above (188 Deeds, 494) contained the following reservation: "There is reserved, however, from the extreme south of the triangle herewith conveyed, to be used for the purpose of a public highway a piece or parcel of land described as follows: BEGINNING at the Intersection of the west line of Hanshaw Road vilth the east line of Highland Road and extending thence northerly a disthince of 40 feet along the east line of Highland Road; thence easterly to a point on the west line of Hanshaw Road 40 feet distant from the Intersection of the east line of Highland Road with the west line of Hanshaw Road and extending thence southerly to the place of beginning or so much thereof as the trustees of the Village of Cayuga Heights may consider necessary and advisable to be used for the purpose of an easy and attractive circular connection betweea Highland Road and Hanshaw Road." D. The plan for a 100 -foot wide Highland Road was abandoned shortly thereafter: (1) By deed dated July 15, 1922, Cayuga Heights Park Association conveyed to the •Village of Cayuga Heights the strip of land designated as Highland Road, but limit- ed to 50 feet in width; specifically the rights reserved by the above deed to Curtis were not conveyed nor were any other rights in the Curtis parcel nor, according to the records, were such rights conveyed to the Village by any other instrument of conveyance: (ll) By dead dated October 21, 1931, recorded in Llber 480 of Deeds at page 764 on April 21, 1959, Newman and Blood conveyed to Curtis the 25 -foot strip of land lying between the present east line of Highland Road (50 feet wide as conveyed to the Village) and the east line of Highland Road originally proposed as a 100 -foot road; similarly by deed dated September 30, 1944, recorded In Liber 272 of Deeds at page 398, the Tompkins County Trust Company as executor of the Estate of Charles H. Blood also conveyed to the owners of the lots on each side of Highland Road as It extends from Upland Road to a point about 200 feet south of Remington Road the strips of land h:tween the front boundary lines of said lots and the side lines of Highland as a 50 -foot road; (111) The triangular strip of land subject to the reservation has been substantially enclosed by the owners thereof by a hedge and has been cultivated and otherwise landscaped and occupied by the owners to the exclusion of the public for many yenra, and beg!nning, at least with the Map of the Cayuga Heights Region made by Carl Crandall, former Village Engineer, dated April I, 1936, revised January II, 19370 filed January 21, 1937, and subsequent maps of the Cayuga Heights Region m-adA by Crandall, the Village Maps have not shown any public rights In the Curti. nnrc.l other titian the fact that It Is bounded on either side by Highland Road and liansriaw Road as 50 -foot roads, and Section 2. WHEREAS, the present owners of ssld lands, Edward A. and Marsha B. Andrews, and the contract purchasers thereof, John T.H. Hsu and Martha J.R. Hsu have requested the Village of Cayuga Heights to execute a deed conveying any rights they may have In the subject parcel by virtue of the reservation In the aforesaid deed to Curtis In order to avoid the expense and the delay which they would otherwise incur in commencing and prosecuting an action against the Village to quiet title and to quiet PA66.3 - Minutes of Regular Board Meeting, May 17, 1976 title and to obtain a Judgment that the Village had no rights In said lands under • the reservation referred to above, and WHEREAS, contract of sale between Andrews and Hsu designates a closing date of May 14, 1976, and Section 3. WHEREAS, James V.Buyoucws, attorney for Professor and Mrs. Hsu,has represented to the Board that the foregoing matters of record In the Tompkins County Clerk's Office are correctly stated and that In the action to quiet title referred to above the Village would be ,Joined as a party defendant, and Section 4. WHEREAS, the Village attorney has reported that based upon the facts set forth in the preceding sections the Village does not appear to have any claim to the sub- ject property under the reservation referred to above and the Village Engineer has reported that, to his knowledge, the Village has not claimed any rights in the sub- ject property for purposes of a public street and that no part of the small triangle reserved in the said deed to Curtis appears to be necessary for the purposes stated In said reservation, and IT iS RESOLVED Section 5. That the Village has no claim in the subject property under the reservation described in the aforesaid deed to Curtis and the Mayor is hereby authorized to execute a deed or other Instrument quitclalming any Interest the Village may have In said property under the said reservation. Unanimously passed. It Moved by Trustee Phi lbrick, seconded by Trustee Anderson: VOTED to approve the minutes of a Special Ma3tl:g held March 25; Organizational Meeting held April 5, and a Special meeting held April 9, 1976, as previously furnished Trustees in mimeographed form. Unanimously passed. Motion made by Trustee Fh1lbrick, seconded by Trustee Randolph: VOTED to approve -the Abstrac+ of Audlted Vouchers dated May 17, 1976 in the follow- ing amounts: General Fund •- $26.770.98; Sewer Fund - $10,140.71; Capital Fund - $43,566.48; Fad--.: a[ Resarvo Fund •- $4,228.01. The invoices for the NYS Retlr?ro-:nt System for the Police and Firemen and the general employees In the amount of $34,684.00 were approved subject to the approval of the Treasurer. Unanimously passed. • Mayor F. G. Marcham gave his report and It is on file In the Village Office. There was a lengthy discussion about the sewer agreemont pending between tho Village of Cayuga Heights and the Village of Lansing. page 4 - Minutes of Regular Board Meeting, May 17, 1976 • Moved by Trustee Robinson, seconded by Trustee Anderson: RESOLUTION 2561 - MAYOR WRITE LETTER - SEWER AGREEMENT VOTED to instruct Mayor Marcham to write the Lansing Sewer Subcommittee that as a preliminary to negotiations for a contract, the Village of Cayuga Heights is prepar- ed to accept an additional 150 sewer units and is concerned that the Village of Lansing change Its schedule for planning so as to be ready to use the consulting Engineer's time table, accept,limltations of the letter of Aprll,26, 1976. It should be required that the Village of Lansing agree to make preparation to Install a new and larger sewer line on the Tucker property. Unanimously passed. Mayor Marcham read a letter from the Tompkins County Department of Planning In re- gard to an "ad hoc Task Group to Refine Transportation Commission Concept." Trustee Anderson agreed to represent the Village in this matter and report progress as it occurs. Water Commissioner Shailer Philbrick reported the status of the Commission on water meters. Is it the understanding that the Commission should buy the water meters- as-part of the original capital outlay? The Board agreed it was. Commissioner Phi lbrick gave the Attorney and Engineer copies of a proposed Plumbing Code to study. He asked the Board's wishes concerning an Inspector to carry out the Plumbing Code when it Is adopted. The Trustees thought the Commission should have charge of the Inspector. Mayor Marcham turned the meeting over to Deputy Mayor Randolph at 9:25 p.m. The Fire Chief's report Is on fl le In the Village Office. Moved by Trustee Philbrick, seconded by Trustee Allee: RESOLUTION 2562 - FIRE DEPARTMENT PURCHASE VOTED to approve the purchase by the Fire Department of six 50 -foot lengths of 11-inch hose at the State Contract price of $1.04 per for for a total of $312.00. Unanimously passed. Moved by Trustee Anderson, seconded by Trustee Allee: RESOLUTION 2563 - APPROVE TRANSFERS VOTED to approve the attached list of transfers of funds. Unanimously passed. RESOLUTION 2564 - RENEW B.A.N. • VOTED to renew Bond Anticipation Note No. 11, dated 5/21/75, In the amount of $483,000 at Interest of 51% and to pay $17,000 on the principal; the renewed B.A.N. to be No. 15 for the sum of $466,000 for one year at 5.75% interest in connection with the construction of additions to and reconstruction of the Wastewater Treat- ment Plant pursuant to Section 5 of Bond Resolution No. 1876, dated 9/20/71. Unanimously passed. page 5 - Minutes of Regular Board Meeting, May 17, :376 Engineer John B. Rogers gave his report and it is on file in the Village Office. There was a discussion on the sewer Imes and whether to charge the Town of Lansing for the work done on the Savage Farm. The request for curbs was rejected. The Engineer Is to let the property owners know the Board does not look favorably upon the request. Again, the sick leave policy of the Village was discussed. The committee is to meet and give the department heads some guidelines for reporting to the Board. Engineer Rogers Is to get painting estimates for individual rooms and bring It to the Board again for consideration. The Board instructed Mayor Marcham to write to the Water Commission that it was this Village Board's clear understanding when we entered into the intermuniclpal agreement for water that the Commission would serve in the role the City of Ithaca has In the past. Deputy Mayor Randolph asked Water Commissioner Phllbrick who was to be contacted concerning questions of water hookups, etc. He repl led that either Walter Schwan or Don Terrell would have the details of connections. Trustee Phllbrick asked the Engineer about the drainage and surface water problems of Mr. Kiersch of Warwick Place. After consulting the map, it was determined that the Engineer have a talk with Mr. Schoenfeld. • The Zoning Officer's report is on file In the Village Office. Attorney Sovocool reported his findings concerning the acceptance of a Substantial Completion date for the Wastewater Treatment Plant and its operation. He has a few reservations and will seek from Teetor- Dobbins our Consulting Engineers the informa- tion he needs such as Uniform Guarantees, etc. Police Chief Harlin R. McEwon gave his report and It is on file in the Village Office. There was a discussion on street name signs, and the Chief will report back with information as to how many are needed now and how many we have In all. Moved by Trustee Phllbrick, seconded by Trustee Anderson: RESOLUTION 2565 - SELL USED POLICE CAR VOTED to authorize the Police Chief and the Mayor to advertise and sell the used 1974 police car for the best price of $1200 or over. Unanimously passed. The Clerk gave her report and it is on file in the Village Office. Moved by Trustee Robinson, seconded by Trustee Phllbrick: RESOLUTION 2566 - RENEW CONTRACT WITH S.P.C.A. VOTED to authorize the Mayor to sign a renewal contract with the S.P.C.A. for service In connection with the enforcement of the Village Dog Ordinance. The con- tract to be for a period of one year beginning 1/1/76 and ending 12/31/76. Unanimously passed. 40 • page 6 - Minutes of Regular Board Meeting, May 17, 1976 Motion made by Trustee Philbrick, seconded by Trustee Robinson: RESOLUTION 2567 - ACCEPT FIRE DEPT. APPOINTMENTS VOTED to accept the following as Officers of the Fire Department for one official year: Chief Lowell T. George Ist Asst. Chief Edward C. Collins 2nd Asst. Chief Gary R. Moravec 3rd Asst. Chief Francis L. Miller 1st Lieutenant John W. Patte 2nd Lieutenant Richard A. Kllpstein 3rd Lieutenant Frederick B. Warner 4th Lieutenant Richard A. Vorhis Warden (1977) Warden (1978) Unanimously passed. Eugene J. Dymek Ronald E. Anderson Moved by Trustee Philbrick, seconded by Trustee Anderson: RESOLUTION 2568 - LEVY AND EXTEND WATER BENEFIT CHARGES VOTED resolved that the amount of $51,755.78 be levied upon the benefited proper- ties by the Water Benefit District for the fiscal year 1976 -77 and authorize and direct the Clerk to extend and carry out upon the Water Benefit District Roll the amount to be charged against each benefited property according to the total levy of $51,655.78. Unanimously passed. Moved by Trustee Philbrick, seconded by Trustee Anderson: RESOLUTION 2569 - MILEAGE RATE VOTED to set the rate per mile as 150 for use of personal vehicles used for Village business, effective beginning June I, 1976. Unanimously passed. Deputy Mayor Randolph dirocted the Officers to have their reports to the Clerk in time for mailing to the Trustees for study before the meeting in order to facili- tate shorter meetings. Meeting adjourned at 10:57 p.m. Rose M. Tierney Village Clerk