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HomeMy WebLinkAboutReg Mtg. Minutes 5/5/1959; Recessed Mtg. Minutes 5/13/1959147 To From Forward 70000 Forward 541-00 A- 125 -440 158.00 r A -54- 100 325.00 A- 290 -400 1 118.00 - A- 64-400 680.00 •� Total $ 1, $ -1;59—.00 Attorney Charles H. Newman reported that the County Judge had decided in favor of J. Reed & Robert R. Colbert in their legal action for testing the sewer charges assessed to the Cornell Heights Residential Club. Attorney Newman also reported that he had received a request from the attorney for R. S. Brewer's negligence case against the Village for a partial settlement by the Village if a settlement could be obtained from Plotzker against' whom a negligence action has also.been brought. Adjourned at 6:10 P.M. &Ok� Ro ger , III Minutes of the Regular Meeting of the Board of Trustees held May 59 1959 at 7 P.M- in the Village Office. PRESENT: Mayor F. G. Marcham Trustee R. L. Baker L. M. CatherWood R.• S. Grant R. F. McElwee T. E. Norton J. F, O'Connor Engineer Carl Crandall Attorney C. H. Newman Treasurer F. M. Upchurch Police Commissioner Lowell George Fire and Light Commissioner George Hanselman 1. VOTED approval of minutes of April 6, 1959 and April 23. 1959 as previously provided to Trustees in mimeographed form. 2.. VOTED approval of bills for payment readly the Treasurer as per Schedules 12 -A, 12 -Gs 12 -H -WI. 3- Police Commissioner George read his report which included 9 complaints received, 11 traffic arrests made, 15 parking tickets given out, an attempted entry, and a burglary at Atwater's'Store of g2.00 worth of merchandise. 4. (a) Mayor Marcham read a.letter dated April 9. 1959 from the Village Tree Warden,. Professor C. W. Cares recommending the spraying ofVillage trees by Mr.'R. F. Pendleton. (b) VOTED.to authorize a contract for spraying of Village trees with Mr. R. F. Pendleton not to exceed $800.00 to be under the direction of the.Village Tree Warden, Professor C. W. Cares or such person as may be appointed by the Mayor to replace Professor Cares. Upon learning of Professor Cares' pending departure from Cayuga Heights, it was • VOTED to have the Mayor write to Professor Cares to express the thanks of the Village for his services as Tree Warden, 5. Attorney Newman reported on the hearing before the County Court of the apeal of Messrs. Colbert on sewer charges assessed to the Cornell Residential C iub. Attorney Shirey represented the Colberts. The case was argued before the Judge and briefs were submitted. The Judge's opinion was that the charges were too high, but that if each unit were reduced to one -half unit eliminating the 10% reduction for apartment houses, he would sustain the charge. It was recommended by Attorney Newman that the adjustment in charges be made. 6. (a) At 7 :30 P.M. the Board of Trustees recessed and reconvened as the. BOARD OF ASSESSORS to hear complaints of residents on tentative sewer charges for period 6/1/59 to 5/31/60. (b) VOTED to accept the advice of the Attorney and to reduce the sewer use charges to a unit per residential unit and to discontinue the 10% reduction applicable to apartment houses as recommended by the County Judge. (c) The following residents grieved and the following actions were taken by the Board: 1) Counselor N. R. Stamp representing Cornell University was heard and filed with the Clerk a formal notice of complaint, dated May 5. 1959 of the average width of lot charge on that portion of the Savage Farm,property located more than 200' from existing streets, and requested that this charge be dropped. VOTED to deny this request from Cornell University. 2) VOTED to reduce the sewer use charge for Mrs. Evelyn Claassen, 204 E. Upland Road from 1z units to 1 unit upon receipt of a written, signed declaration of intention there will not be any roomers'at her residence during the fiscal year 6/1/59 to 5131160 and a statement that if a change does occur she will be willing to accept back sewer charges on the bill'£or the period 1960 -610 3) VOTED to reduce the sewer use charge of Mr. Harold Wallace on his residence at 506 Highland Road from 2 units to lZ'units. 4) VOTED to reduce the sewer use charge of Professor J. Hedrick, 715 The Parkway, from —2 to 12 units upon receipt of a written, signed declaration that the occupants of his house would be no more than two persons, other than members of the family. 5) VOTED to reduce the sewer use charge of Mr. Clyde E. Ingalls, 106 Sheldon Road from —2 units to 1 unit upon receipt of a signed letter that the occupancy consists of one family living as a unit and not in separate apartments. 6) VOTED to deny the request of Mrs.L.A..Jorissen, 1006 Highland Road for a reduction in sewer use charge.' (d) Letters were received from the following residents and the following actions were taken by the Board: 1). VOTED to deny the request of Mr. C. N..Silcox, 312 Cayuga Heights Road for elimination of land assessment and average width of lot charges. 2) VOTED to reduce the sewer use charge of Mr. Virgil F. Neigh, 207 N. Triphammer Road, from 1, units to 1 unit. s 1 149i 3) VOTED to reduce the sewer use charge of Mr. & Mrs. Robert Flannery from 2z units to 2 units upon receipt of a written signed declaration that there will be no roomers in their building at 805 -807 Triphammer Road other than the two famil�,es and that if there is a change the back sewer charges will be accepted on the sewer bill for the period 1960 -1961. 4) VOTED to reduce the sewer use charge of Mrs. Adeline N. Reddick on her house at 210 Hampton Road from 2i tnits to 2 units upon receipt of a written, signed declatation that she now resides in Gainesville, Florida. 5) VOTED to reduce the sewer use charge of Mr. George H. Russell, 409 Klinewoods Road from 1. units to 1 unit. 6) VOTED to reduce the sewer use chatge of Mr. Gordon Nelson, 820 Triphammer Road from 2i units to 2 units. 7) , VOTED to reduce the sewer use charge of Mrs. Izora Gibson of 303 Comstock Road from lTunits to 1 unit. 7. (a) At 9:35 P.M. adjourned as the Board of Assessors and reconvened as the BOARD OF TRUSTEES. (b) Mayor Marcham read Mr. Saunder's letter of May 4, 1959 regarding the water improvements contract with the Northeast Water District. After discussion with Attorney Buyoueos who appeared representing the Northeast Water District, it was VOTED to express the opinion of the Board that they endorse the agreement as put forth by Attorney Buyoucos. with the following changes: �) Payment of the $35,000 by July 1, 1959 or payment of interest charges on the $35,000 from that date. 2) Omit Section #5. 3) Section #6 should read so that both parties are obligated to look into a joint project should the City refuse to sell water outside the city, but the parties are not bound to act jointly. (c) Mayor Marcham reported on the meeting of Cornell representatives and the Village Engineer and himself on the matter of,sewer charges and facilities to be provided the Airport Area. (d) VOTED, if legal, to use available funds from the various sewer accounts II toward building a second tank and to accept contribution from the University of J` $25,000 to be refunded by the Village with interest entirely from sewer rental income from General Electric Company. I , , (e) VOTED to refer to Attorney Newman the question of what Village funds can legally be used to construct the needed second sewage treatment tank. 8. (a) .Attorney Newman reported that the Village law does allow payment to a Library as requested from the Cornell Library for services rendered the residents, but the Village cannot make an outright gift. Because the Town of Ithaca is already making a gift,of $1200 from monies.50% of which comes from the Village residents, it was VOTED to request the Town of Ithaca to increase its gift to-the Cornell Library to �2 000 including the $800 requested from the Village. (b) Attorney Newman announced that he had served answers to the court on the action of Cornell University on the former Country Club property, and Sheldon Smith. 150 9. VOTED to recess at 11 P.M. and to reconvene at 5 P.M. May 139 1959. ohn B. Rogers, III., Cleric Minutes of Recessed Meeting held at 5e00 P.M., May 139 1959 at the Village Office. 4 PRESENT: .14ayor': F.'G. Marcham Trustees R. L. Baker- L. M. Catherwood R. S. Grant R. F. McElwee T. E. Norton . J. F. O'Connor Engineer Carl Crandall . Trdasurer F. M. Upchuuch 1. (a)' VOTED approval for payment of bills as read by the:Treasurer and per Schedules - 12 =A, 12 -G, 12 -H -WI: (b)" VOTED to transfer funds as follows: General Fund To From A-41-WO 35.00 ti A-10-400 : 3 .00 r A -43 -110 125.00 - A- 74-200 250.00 .� A-43 -110 500.00 � A_81 -441 250.00 A-54-44o .105.00 A -103AW 500.00 .'...A-44; WO 70.00 ti A- 125-200 95.00 -, A- 81-420 125.00,-\ A -82 -400 30.00.E A- 82-450 5.00 , A -125- 410 40.006\ A -290 -633 .' 90.00 , - Ac29o_68o 6.00-\ Sewer Fund G- 123 -410 160.00-, G- 123..400 181.00 - G- 123 -632 21.00h G Special Assessment Fund Cost Serial "Bonds Interest on'Bonds -$40.00-1% (c) .VOTED to accept the Treasurer's report for April as presented'in mimeographed form and read by the Treasurer, and-showed the following balances: General Fund - $249965.27 ." Special Assessment.Fund - ,$199982.32. Sewer Fiend 229071.54 Cap.Fund - Water Impr., 2,323.63 Cap.Fund Sewer 18087.66, 151 2..• (a) Mayor Marcham read Attorney Newman's letter of May 11, 1959 giving his opinion that it is legal to use surplus funds in the Capital Fund -Sewer and Water, and Sewer,Capital Reserve Fund accounts for the building of a second tank, the financing of the additional cost could be done through loans from the University; and his opinion that the Village did have legal authority to sell sewerage service outside of the Village limits. (b) VOTED to charge a flat fee of $29000 a year for sewage service to Tompkins.County Airport and to Cornell University Research Development Area as present plans indicate for the General Electric Company including the present General Electric Plant. Such charge to include routine maintenance but major maintenance will be done by the Village and paid for by Cornell University. This agreement shall run two years, 1 after which time it may be redetermined by the Village Board of Trustees. (c) VOTED for the Village to pay $30000 toward the cost of a proposed new second sewage.treatment tank and to borrow $209000 from Cornell toward the tank, and to request the University to meet, out of its own funds as a gift to the Village,any -expense above this total of $509000.for engineering and inspection costs (estimated at about $59000). Debt service charges on the total $50,000 to be repaid within. 30 years will amount of $2,700 thus making a total annual charge to the University of $4,700.00 (d) VOTED to authorize Mayor Marcham and Carl Crandall to represent the Village in sewage contract matters with Mr. John Burton of Cornell University.' (e) Mayor Marcham read Mr. Wallick's report of the Greater Ithaca Regional Planning-Board of May 11, 1959 regarding the preliminary plan of Route 13. (f) VOTED to instruct the Clerk to write Mr. Towlson of the State Department of Public Works to secure, as soon as possible, plans, profiles and cross sections of proposed Route 13 through the areas where it crosses Cayuga Heights Road and where it crosses n back of the Village sewage plant. 1q5� 3. Adjourned at 6:30 P.M. `- hn B. Rogers Clerk Minutes of a special meeting of the Board of Trustees on May 259 1959 at 5 :00 P.M. held at the Village Office. PRESENT: Mayor F. G. Marcham Trustees R. L. Baker R. S. Grant R. F. McElwee Treasurer F. M. Upchurch The Treasurer presented bills as set forth on Schedules 12- A,.12 -G and 12 -H -WI and it was VOTED that these bills be paid. The Treasurer presented list of unpaid sewer charges 158 -159 as follows: