HomeMy WebLinkAboutPublic Hearing 9/17/1979IL 1
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MINUTES of a Public Hearing held September 17, 1979 at 7:15 P.M. in the Village Hall
to consider amendment to Section 467 of the Real Property Tax Law to permit munici-
palities to set income eligibility at any level between $3000 and $8000 for home-
owners aged 65 and up who qualify in other respects.
PRESENT: Mayor F. G. Marcham
Trustees David Allee
Ronald Anderson
Shailer Philbrick
Treasurer Gordon B. Wheeler
Engineer /Z.O. John B. Rogers
Police Sergeant Larry Cooper
Fire Chief Lowell T. George
ABSENT: Trustees David Pimentel
Stanley Warren
Attorney Roger B. Sovocool
Police Chief Harlin R. Mc Ewen
OTHERS PRESENT: Michael King, Theodore Penalver, Mrs. George Conneman,
Molly Shoemaker.
Mr . Marcham opened the Public Hearing by stating that a notice had been duly pub-
lished in the Ithaca Journal. After some discussion regarding eligibility require-
ments, the Public Hearing was declared closed at 7:30 p.m.
MINUTES of a regular meeting of the Board of Trustees of the Village of Cayuga
Heights held September 17, 1979 at 7:30 p.m. in the Village Hall.
PRESENT:
Mayor
F. G. Marcham
Trustees David Allee
Ronald E. Anderson
Shailer S. Philbrick
David Pimentel
Treasurer
Attorney
Engineer /Z.O.
Police Sergeant
Fire Chief
Supervisor of
Public Works
Gordon B. Wheeler
Roger B. Sovocool
John B. Rogers
Larry Cooper
Lowell T. George
Robert T. Tyrrell
9/17/79
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OTHERS PRESENT: Michael King, Theodore Penalver, Mrs. George Conneman, Molly
Shoemaker, Ithaca Journal representative.
There was long discussion with Mr. King, Mrs, Conneman, and Mr. Penalver regarding
,
the Board's Resolution 2969, dated August 20, 1979. Engineer Rogers and members of
the Board presented arguments to justify.the position the Board has taken to re-
affirm their view that the building of a awale was the appropriate solution to
Mr. King's drainage problem. Mr. King presented the arguments which he had offered
before to this effect: 1) that he did not wish to disturb the contours of his
property; 2) that he thought an *obligation to install a 34 -in. pipe across his
property was on record; and 3) that the installation of such a pipe would not
create an attractive nuisance or be in any way a hazard to children or others. In
compliance with the Resolution No. 2969, dated August 20, 1979, the Mayor had in-
formed Mr. King that the Board would take no further action in the attempt to re-
commend to him the solution of his problem. The Board had said further that if
Mr. King did not accept the recommendation the Board had previously made by the
15th of September it would release from escrow the $2,000 Mr. Schoenfeld had de-
posited there. Mr. King signified his unwillingness to accept the Board's solution.
In the course of the discussion regarding the total drainage problem, Mr. Penalver
had protested that there were still drainage problems on his property which were
linked to the drainage problems on Mr. King's property. In these circumstances
Mr. Rogers thought it wise to examine the situation as soon as possible and the
Board also thought it appropriate to hold Mr. Schoenfeld's money in escrow until the
Engineer decided whether any of it needs to be used for Mr. Penalver's drainage
problem. Questions arose regarding a possible easement across Mr. King's property
to be used for remedying the drainage problem. The Board had no firm information ,
on this matter and therefore suggested that further inquiries be made by the Village
Attorney and by examination of any pertinent Village records.
Motion made by Trustee Pimentel, seconded by Trustee Allee:
VOTED to approve the minutes of two Public Hearings and the regular meeting held
August 20, 1979 as previously furnished Trustees in mimeographed form. Unanimously
passed.
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Motion made by Trustee Philbrick, seconded by Trustee Anderson:
VOTED to approve the Abstract of Audited Vouchers dated September 17, 1979 in the
following amounts: General Fund - $19,699.50; Sewer Fund - $8,326.05. Unanimously
passed.
Mayor Marcham gave his report and it is on file in the Village Office.
Mayor Marcham reported that he had written to Mrs. Martha Oberrender inviting her to
become a member of the Village Board to fill out the unexpired term of retired
member Rane Randolph. Mrs. Oberrender declined the post. Mayor Marcham will
continue to seek a replacement. Mr. Ross Maclntyre has accepted appointment on the I
Zoning Board of Appeals.
9/17/79
87
Mayor Marcham referred to a memorandum and other related documents which he received
e from Henry Aron, Chairman of Town of Ithaca Planning Board, in which Mr. Aron states
that the Town of Ithaca Planning Board, acting as Lead Agency in the review of the
proposed Ivar Jonson subdivision on Texas Lane, has made its final SEQR determination
to the effect that the action would not significantly impact the environment and
would not require further review. Mayor Marcham was instructed by the Board to write
to Mr. Aron informing him that Mr. Jonson has not conformed to the plan that was
approved by•the Ithaca Planning Board regarding the drainage situation in that area.
Mayor Marcham read a portion of an article from the Bureau of the Census regarding
the April 1, 1980 Census of Population and Housing. The Board agreed tht since
the Greater Ithaca Community, with the cooperation of the Bureau, will implement
its own programs, it will suffice for Village residents to be encouraged to parti-
cipate in this census taking by way of a Letter to Villagers should occasion arise
for such mailing between now and April 1, 1980.
Fire Chief Lowell T. George gave his report and it is on file in the Village Office.
Motion made by Trustee Anderson, seconded by Trustee Philbrick:
RESOLUTION 2974 - APPROVE FIRE COUNCIL PURCHASE
VOTED to approve the purchase by the Fire Council of 500 ft. of 1 -3/4 in, hose at a
cost of approximately $700. Unanimously passed.
Motion made by Trustee Pimentel, seconded by Trustee Allee:
RESOLUTION 2975 - APPROVE TRANSFERS
VOTED to approve the following transfers:
Unanimously passed.
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9/17/79
TO
FROM
$fS
MOO
A1990.0
Contingency
25,924.61
A3120.51
P.D. Supplies
A1990.0
Contingency
500.00
A3120.53
P.D. Insurance
A1990.0
Contingency
227.00
A3410.53,
F.D. Insurance
A1990.0
Contingency
2,900.00
A5110.2
Streets Equipment
A1990.0
Contingency
600.00
A5110.4
Streets Contract Service
A1990.0
Contingency,
3,500.00
A5110.53
Streets Insurance
A1990.0
Contingency
1,018.00
G8120.51
Sewer Lines Supplies
G1990.0
Contingency
1,000.00
G8130.4
Sewer Plant Contract Service
G1990.0
Contingency
7,500.00
G600
Accounts Payabike
G1990.0
Contingency
4,473.13
Unanimously passed.
1
9/17/79
WKW
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Motion made by Trustee Philbrick, seconded by Trustee Allee:
RESOLUTION 2976 - RENEW BAN NO. 20
VOTED to renew Bond Anticipation Note.No. 20 dated 9/15/78 in the amount,of
$415,000 at interest of 5.75% and to pay $344,000 on.the principal; the renewed BAN
to be No. 21 for the sum of $71,000 for one year at 6.5% interest in connection with
the construction of. additions to and reconstruction of the Wastewater Treatment
Facility pursuant to Section 5 of Bond Resolution No. 1876, dated 9/20/71.
Unanimously passed.
Shailer Philbrick reported that the S.C.L.I.W.C, will hold a Public Hearing on
September 24, 1979 to consider the adoption of a resolution recommending to the
participating municipalities an increase in water rates and application fees.
Sgt. Larry Cooper presented the report of the Police Chief, in his absence, and it
is on file in the Village Office.
Motion made by Trustee Anderson, seconded by Trustee Pimentel:
RESOLUTION 2977 - PUBLIC HEARING TO AMEND ARTICLE IV OF THE
CAYUGA HEIGHTS ORDINANCES
VOTED to hold a Public Hearing at 7:15 p.m., October 15, 1979, in the Village Hall to
amend Article IV of the Cayuga Heights Ordinances as follows: Article IV, Section 5,
d. (1) (to add a new subdivision): I. Cambridge Place from the North at its intersec-
tion with Burleigh Drive. Unanimously passed.
Treasurer Wheeler reported the Three Months' Report will be distributed to the Board
in two to three weeks.
In response to Zoning Officer Rogers's report of a growing number of zoning violations,
the Board agreed that the Zoning Officer, upon discovering such violations and calling
them to the attention of the violators, shall consult with the Mayor about seeking a
temporary court injunction in the case where the violator refuses to halt further con-
struction. And further, that the temporary injunction shall be used.in dealing with
persons who persist in violating other ordinances.
A letter of understanding concerning parking in the areas adjacent to the common
driveway was negotiated between the Mayor, Engineer, and Dr. Rubenstein in the absence
of the Village Attorney.
In answer to the Engineer's question regarding the extent of maintenance by Village
work forces in road rights of way, the Board suggested that in order to protect the
road bed, the Village crews must maintain the ditch lines in the area between the
pavement and the residents' property lines when the resident himself refuses to keep
these areas in good repair.
Motion made by Trustee Anderson, seconded by Trustee Allee: I
RESOLUTION 2978 - INCOME ELIGIBILITY SET AT $8,000 FOR
HOMEOWNERS AGED 65 AND UP AS PROVIDED
BY AMENDMENT OF SECTION 467 - REAL
PROPERTY TAX LAW
VOTED that where the owner or owners of a piece of property in the Village of
Cayuga Heights is or are 65 years of age or over, has or have owned the property for
24 consecutive months, the property being situated in the residential area of the
Village, and where such person or persons has or have an income'of $8,000 per annum
or less, such person or persons shall be exempt from paying 50% of the real property
tax of the Village as it relates to the aforementioned property, as provided by
amendment of Section 467 of the Real Property Tax Law. Unanimously passed.
The question of Michael Pichel's Village tax reduction has been tabled until next
month's meeting so as to allow the Clerk to obtain more information regarding water
benefit charges to'properties receiving water from the City.
Motion made by Trustee Philbrick, seconded by Trustee Pimentel:
RESOLUTION 2979 - REFUND WATER OVERCHARGES
VOTED to approve refunds to the following because they were billed at two -month '
minimum rate rather than one -month rate, although only one month had elapsed between
readings for July bill and August bill: Norman Freeman - $243.32; Frances 0. Kimball
$168.48 and $108.68. Unanimously passed.
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In regard to the status of the coterminous town /village situation, the Board in-
structed the Mayor and the Attorney to meet in order to decide what procedure should
be followed next.
Meeting adjourned at 9:50 p.m.
Anne Krohto
�� %r� Village Clerk