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HomeMy WebLinkAboutReg Mtg. Minutes 5/9/1961W1 VILLAGE OF CAYUGA HEIGHTS MINUTES of the.Regular Meeting of the Board of Trustees held Tuesday, May "99 1961 at the Village Office, 194 Pleasant Grove Road, Ithaca, New York. PRESENT: Mayor Marcham; Trustees Baker, Dean, French and McElwee/ Norton (Correction5 /31/61); Engineer Crandall; Attorney Newman; Police Commissioner George; Fire Councilman Quinlan. A. - Public Hearing was held at 7:30 P.M. No residents came other than the Village Officers as indicated above. B. - Town Supervisor Boynton and two residents of the Town appeared before the Board to request information as to these questions: 1. Will the Village accept sewage for treatment from an area north of the Hanshaw Road Sewer District? 2. What would the Village charge to treat the sewage? It was estimated that there were about 190 units at the present time, but that no sewer district as yet has been formed. It was brought out by Engineer Crandall that the present $60 unit use charge to the people outside the Village included not only the cost ofitreatment, but also the use of Village owned and financed sewer mains through the Village to the Village plant. Engineer Crandall listed the problems of (1) present Village commitments, (2) capacity of the present system, (3) plant expansion, (4) possible development of the Savage farm as residential development, (5) present treatment problems not completely solved, and (6) Research Park development as reasons why the Village could not at this time give an answer to the questions. After the visitors had left'the Village Board VOTED to request Engineer Crandall to submit a written report at the next meeting on (1 the present commitments of the sewer plant, (2) the question of a probable sewer use charge if'the Village does accept sewage from outside the Village and the Hanshaw Road Sewer District. Mr. Barnum of the Cataphote Corporation, Toledo, Ohio, appeared before the Board to demonstrate street signs of steel and aluminum, either reflectorized or with baked enamel finish. Board requested a written price list of all available possible combinations] C. - 1. VOTED approval of the minutes of April 3, 19619 previously provided to Trustees in mimeographed form. VOTED to correct the minutes of the Special Meeting of the Board of Trustees, March —2p1961 as follows: Change the fifth paragraph of Section B to read "VOTED approval of the sewer roll in the aggregate amounts of X1,2899450 for sewer land assessment 80,519 feet Average width of lot 19042.3 units for sewer use rental and further, approval of the individual property apportionments totalling the above - mentioned aggregate amounts, and ordered the so completed sewer roll to be filed with the Village Clerk." And change seventh and eighth paragraphs of Section B to read as follows: "VOTED - Resolved that the amount of $649814.66 to be levied for 1961 =62 sewer charges based on the following: Special Assessment Fund $199359.37 comprised' of $3,226.57 based on land assessment and $J61132.80 based on average width of lot assessment, and $43,082 for sewer use rentallplus $2,373.29 as charges omitted in x.960 -61 and that the Clerk extend upon the sewer charge roll, the individual charges as computed from the individuallproperty apportionments. ,.5-- 9, a/ 42 "VOTED Resolved that the amount of $8,107.23 be levied upon the real property benefitted in the Village for 1961 -62 for Water Improvement Charges, comprised of $29305.20 based on total assessment, land and buildings, and $5,802.03 based on average widthof lot assessment, and that the Clerk extend upon the water improvement charge roll the individual charges as computed from the individual property apportionments. 2. VOTED approval of bills for payment as per Abstract of Audited Vouchers dated May 90 1961, General Fund $15,126.349.Sewer Fund, $19268.96 as presented by the Treasurer. VOTED approval of overtime as follows: Delbert Grover, $21.15; Steven Oltz, $14.42. 1 VOTED to transfer funds as follows: From: P- 290 -680 $70.00 To: P-290 -613 $70.00 SEWER FUND FROM AMOUNT TO AMOUNT G- 290 -650 350.00 G= 123 -400 200.00 G -290 -613 50.00 G -290 -633 100.00 350.00 GENERAL FUND A- 290 -650 827.00 A -81 -410 20.00 A- 105 -44o 700.00 A- 101 -100 380.00 A- 101200 593.00 . A -101 -400 20.00 29120.00 A- lol -44o 200.00 A- 103 -100 220.00 A- 103 -440 A- 104 -440 100.00 50.00 A- 125 -100 300.00 A -290 -633 500.00 A- 127 -400 220.00 A- 290 -622 110.00 2,120.00 VOTED to authorize the acceptance of 'the best bid submitted for the $1659000 Street Improvement Bonds 1961 of 2.60% interest rate with a $47.85 premium as bid by the Tompkins County Trust Company. VOTED to authorize the Treasurer to pay off the outstanding bond anticipation notes:.with the proceeds fromtthe Bond sale. VOTED to authorize the.transfer of $6,000 from the General Fund to the Water :e& Sewer Capital Reserve Fund. 3. VOTED approval of the Treasurer's Report as mailed to the Trustees in mimeo= graphed form, which included the following balances as of April 30, 1961:" General Fund - $69920.91; Sewer Fund - $11,468.76; Special'Assessment Fund -Sewer Lines, $119446.78: Special Assessment Fund -Water Improvements - $6,761.98; Capital Fund - Roads Improvement - Zero; Capital Fund Sewer - $2,439.00 Overdrawn. It was reported that the Street Improvement Bonds 1961 were duly signed, sealed and delivered to the Tompkins County Trust Company. 4. Mayor Marcham read the April 12, 1961 letter of E. E. .Towlson of the New York Department of Public Works on plans for access roads to:the Fleck and Belcher properties cut off by the new Route 13. The following resolution was unanim6us]y passed as read by the Mayor and the Clerk requested to send certified copies to Mr. Towlson. .� -9 -Gi _l 43 STATE OF NEW YORK RESOLUTION BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN FRONTAGE, MARGINAL OR SERVICE ROADS CON- STRUCTED IN CONNECTION WITH CONTROLIED ACCESS HIGHWAY. WHEREAS, Subdivision 25 of Section 10 of the New York Highway law as amended in 1956 provides, in part, that the Superintendent of Public Works shall "Have power in connection with the development of any controlled access facility to- plan, designate, construct, alter, improve and vacate frontage, marginal and service roads." and also that "The maintenance of any highway, road or street which is affected by this subdivision and which in the judgment of the super- intendent of public works is not deemed to be a part of the state highway system shall be maintained by the municipality or the municipalities in which all or part thereof is located," and WHEREAS, the'Superintendent proposes to improve the Ithaca -Etna (Relocation of Route 13) a controlled access highway, and in connection therewith to construct the following- described frontage, marginal or service roads: That portion of Fleck Road, located in the Town of Ithaca, from the Lansing - Ithaca Town Line to the westerly end of said road, a distance of 0.12 mile and Belcher Road from Fleck Road-to the Donald Belcher property, a distance of 0.11 mile and WHEREAS, the said frontage, marginal or service roads are to be located within the Village of Cayuga Heights, and in the judgment of the Superintendent of Public Works will not be deemed to be part of the state highway system, nowl:therefore: IT.; IS RESOLVED that, upon completion of construction of the above - described frontage, marginal or service roads, the Village of Cayuga Heights will maintain such roads in accordance with the provisions of the Highway laww. Requests have been 'received for an ordinance to be passed to prevent soliciting in the Village without a permit and to require fencing of swimming pools. VOTED to request Attorney C. H. Newman to look into the legal matter of such ordinances and to report to Trustee Baker on the latter and to the Board on the former. Mr. Marcham read a letter from resident R. S. Boothroyd requesting Village insurance business be shared among full - .:time insurance salesmen who reside in the Village. VOTED to request the Mayor appoint a committee to talk with representative agents on the matter. Professor Bogema's letter of April 27, 1961 was read. VOTED to request the Mayor 'to answer this letter by simply saying the Board's stand was clear and that they will hear the case of the Congregational Church at the next Grievance Day hearing. VOTED to accept the resignation of the Village Engineer effective as of June 309 1961, and record with great appreciation for the many services performed over the entire life of the Village. ,5 -9- 4 i 44 5. Engineer went over the plans for road paving for year 1961 -62 which included work to be done on Cayuga Park Circle with a new layer of road sealer, cost $995P and resurfacing of Pleasant Grove Road. VOTED -to ratify a contract with McMahon Brothers for $995 to apply "Dix Seal" to Cayuga Park Circle. Trustee French read the report of his committee that met with the University on the settlement of the Savage Farm sewer charge matter as attached to these minutes. Report of Committee appointed by Mayor Mareham on April 3rd to consider the advisability of an appeal to the Court of Appeals in the Savage Farm Sewer Assessment case, and to recommend procedure if no appeal is taken. The Committee, consisting of Orval French, Chairman, Ray McElwee $and Carl Crandall met with Attorney Charles Newman at his office on April 28th. After discussing the pros and cons of taking an appeal and considering a ' proposal from Allan H. Treman, Attorney for Cornell University, for a compromise under which the University would agree that the average width factor should include 500 feet along the Hanshaw Road frontage in addition to the 1500 feet along Triphammer Road, the Committee reached the following conclusions, which it rec- ommends to the Board of Trustees: 1. That no appeal should be taken from the order of the Appellate Division which reversed the trial court decision and directed that a recomputation of the assessment on the Savage Farm be made by three disinterested freeholders. 2. That the proposal made by Attorney Treman for compromise be rejected on the ground that it is no more than the University was willing to accept in advance of the trial, and on the further ground that it is not in accord with the Appellate decision, which holds that the Village Board could properly consider ' the benefit from an internal sewer in event that the property should be sub- divided for purposes of residential housing. 3. That;the Attorney for the University be informed that the Board of Trustees prefers that the matter be submitted to three disinterested freeholders of the Village in accordance with the order of the Appellate Division.. 4. The Committee recommends that the following names, or so anany of them as the Board deems appropriate, be sumitted to the County Judge as freeholders acceptable to :the Village: Gerald A. Hill 412 East Upland Road H. Bruner Sutton 126 Sunset Drive Verne A. Fogg 415 Hanshaw Road Fletcher II. Woodcock 398 Triphammer Road William C. Geer 510 The Parkway Terrell B. Maxfield 105 Oak Hill Place Harlow C. Fleck 111 Berkshire Road Harry F. Mayer 102 Corson Place Louis K. Thaler 530 Cayuga Heights Road Carl Crandall R. F. McElwee 0. C. French Chairman VOTED to accept the recommendation of the French Committee. VOTED to instruct Attorney Newman to sustain the action of the Board in the ' Savage Farms case. .s - 9- 6 45 VOTED unanimously to adopt the following Resolution: WHEREAS, the State of New York has indicated, pursuant to Section 31 of the Public Works Law, that it will contribute up to 2% of the estimated cost of construe -- tion for the preparation of lands of approved municipal projects within the limits set by such law, and WHEREAS, the Village of Cayuga Heights wishes to make application for a grant toward the cost of the preparation of plans for the project 3lsted on attached application (estimated cost shown); Now, therefore, be it RESOLVE9.1. that the Village of Cayuga Heights submit this project for con- I sideration by the Superintendent of Public Works of the State of New York with the request that an allocation be granted of up to 2% of the estimated cost of construc- tion for the preparation of plans of such project;;and be it further RESOLVED, that when and if the Superintendent approves the project, and when and if an allocation of up to 2% of the cost of construction for the preparation of plans of such approved project is made, the Village of Cayuga Heights will make available a sum equal to that allocated by the State of New York. 6. VOTED to instruct the Treasurer to publish the Annual Report within 60 days after the close of the fiscal year. VOTED not to send out with the tax bills "Village Information Card" this year.' VOTED to refund to James F. O'Connor in trust for Charles W. Doepke $43:60 for excess payment of sewer use charges plus penalties on 219 North Triphammer Road. Clerk read letter of April 14, 1961 of City Clerk Blean announcing that the cost to dump at city dump had increased to $2.50 per load. VOTED to refund to M. P. Catherwood $20 fo� excess sewer use charge upon payment of the $60 charge now on the books. VOTED to approve the purchase of $322.67 worth of material for the Sewage Treatment Plant as requested by Plant Operator H. Cornelius. 7. Attorney Newman added to the report by Trustee French on the Savage Farm•sewer case that the next step would be the appointment of a Committee of Freeholders to decide the case. 8. Fire councilman Quinlan reported that at the Annual Meeting of the Fire Company an election was held and new officers were announced and a list was filed with the Clerk. ' An inspection of the Alice and Lawrence Scott property at the corner of Hanshaw and North Triphammer Roads had been made and it was found to be a health, safety, and fire hazard. VOTED to instruct the Clerk to write in behalf of the Village Board to clean up the property and to quote appropriate ordinances pertaining to the matter. .s- 9 -6 i VOTED to authorize the Mayor and Clerk to apply to the State for a grant for the. purchase of open land within the Village if and when such purchase may be made by the Village. It is understood that this does not at this time bind the Village to buy the property, but merely to get on the list for State Aid if the opportunity ® for purchase arises. v VOTED unanimously to adopt the following Resolution: WHEREAS, the State of New York has indicated, pursuant to Section 31 of the Public Works Law, that it will contribute up to 2% of the estimated cost of construe -- tion for the preparation of lands of approved municipal projects within the limits set by such law, and WHEREAS, the Village of Cayuga Heights wishes to make application for a grant toward the cost of the preparation of plans for the project 3lsted on attached application (estimated cost shown); Now, therefore, be it RESOLVE9.1. that the Village of Cayuga Heights submit this project for con- I sideration by the Superintendent of Public Works of the State of New York with the request that an allocation be granted of up to 2% of the estimated cost of construc- tion for the preparation of plans of such project;;and be it further RESOLVED, that when and if the Superintendent approves the project, and when and if an allocation of up to 2% of the cost of construction for the preparation of plans of such approved project is made, the Village of Cayuga Heights will make available a sum equal to that allocated by the State of New York. 6. VOTED to instruct the Treasurer to publish the Annual Report within 60 days after the close of the fiscal year. VOTED not to send out with the tax bills "Village Information Card" this year.' VOTED to refund to James F. O'Connor in trust for Charles W. Doepke $43:60 for excess payment of sewer use charges plus penalties on 219 North Triphammer Road. Clerk read letter of April 14, 1961 of City Clerk Blean announcing that the cost to dump at city dump had increased to $2.50 per load. VOTED to refund to M. P. Catherwood $20 fo� excess sewer use charge upon payment of the $60 charge now on the books. VOTED to approve the purchase of $322.67 worth of material for the Sewage Treatment Plant as requested by Plant Operator H. Cornelius. 7. Attorney Newman added to the report by Trustee French on the Savage Farm•sewer case that the next step would be the appointment of a Committee of Freeholders to decide the case. 8. Fire councilman Quinlan reported that at the Annual Meeting of the Fire Company an election was held and new officers were announced and a list was filed with the Clerk. ' An inspection of the Alice and Lawrence Scott property at the corner of Hanshaw and North Triphammer Roads had been made and it was found to be a health, safety, and fire hazard. VOTED to instruct the Clerk to write in behalf of the Village Board to clean up the property and to quote appropriate ordinances pertaining to the matter. .s- 9 -6 i M 9. VOTED to approve Police Commissioner George's report for April 1961 which included Calls received 58 Parking tickets 8 Misdemeanors 1 Motor vehicle accident 0 Traffic arrests 15 VOTED to approve the recommendation that Officer Frederick Whiting attend police school. Taking note of the fact that no one appeared at the Public Hearing to object to the proposed new traffic ordinance it was unanimously VOTED to adopt the new traffic ordinance as attached to these minutes to become effective June 19 1961 after proper publishing and posting as required by Section 95 of the Village Law. 10. VOTED to draw a check on the General Fund to the Sewer Fund to cover delin- quent -sewer charges for 1960 -61 pluscsewer rent penalties. VOTED to draw check on the General Fund to the Special Assessment Fund -Water Improvements Fund to cover delinquent water charges for 1960 -61 plus water charge (penalties. 11. VOTED to set next Regular Meeting date on June 20, 1961 at 7:30 P.M. VOTED to hold a Special Meeting on May 319 1961 at 5:30 P.M. 12. Trustee Baker reported on Zoning Ordinance Committee recommendations that side yard setbacks should be increased to 15' in residential areas and the heights of buildings should be lowered to 25' in residential areas and that building permit fees should be proportionate to-the cost of the building to be built. (Correction 6/20/61) "Also recommended was that owners of land heretofor acquired as a single lot shall not subdivide said land into twopr more building lots without the approval of the Board of Trustees." VOTED to refer these proposed ordinances to Attorney Newman for proper wording and legality. VOTED to adjourn at 11:10 P.M. --:r -y -6 / John B. Rogers Village Clerk MINUTES of a Special Meeting of the Board of Trustees held Wednesday, May 319 1961, at 5:30 P.M. at the Village Office, 194;Pleasant Grove Road. PRESENT: Mayor Marcham; Trustees Baker, French, McElwee; Engineer Crandall; Treasurer Upchurch. 1. VOTED to amend Section 6 of the minutes of April 3, 1961 to include the following: "The following resolution was unanimously passed by the Trustees: VOTED - Resolved to proceed with the alterations and additions to the Sewage Treatment Plant Expansion as outlined by Engineer Crandall. The costs not borne by a Federal Grant, State Grant or Cornell University to be paid for by the Village and that the Village will provide proper and efficient opera- tion and maintenance of the approved Project after completion of construction thereof." S -01,W r 1 1