HomeMy WebLinkAboutReg Mtg. Minutes 5/9/196634
MINUTES of a regular meeting of the Board of Trustees held May 9, 1966 at 7:30
P.M. in the Village Hall.
PRESENT: Mayor
Frederick G. Marcham
Trustees
John Bebbington
Robert Dean
Katherine Ensworth
Taylor Lewis ._
Carl Nelson
Rane Randolph
Treasurer
Gordon Wheeler
Engineer
John Rogers
Attorney
Roger Sovocool
Police Chief
Lowell T. George
Fire Councilman
Richard Vorhis
Clerk
Vera W. Snyder
Reporter
Patricia Nordheimer
Attorney
Frank Albanese
Attorney
Holmberg of Wiggins, Tsapsis and Golder
representing the Ceracche Television
Corporation
Architect
Robert Tallman, designer of Village
Green Shopping Center
Fred Thomas of Tallman & Tallman
Fay Hewitt and Lagrand Chase owners
and developers of Shopping Center;
and three residents from the area.near
the new shopping center.
Attorney Holmberg presented the following
resolution with the request it be
adopted by the Board of Trustees, to wit:
RESOLUTION
BE IT ORDAINED by the VILLAGE BOARD OF THE VILLAGE OF CAYUGA HEIGHTS, NEW
YORK, duly convened in regular session on the day of , 1966, as
f ollows:
FIRST: That CERACCHE TELEVISION CORPORATION, with offices at 518 West State
Street, Ithaca, New York, be, and it hereby is, granted a franchise to use the
Village htreets, highways and public places, or any part thereof, or the spaces
under them as well as village -owned poles over which the village has or may
have control, for the purpose of installing and running television shielded -wire
cable to carry television signals and to connect such wire, equipment or other
apparatus as may be necessary to permit connection from the cable to homes or
business establishments in the village; and to construct,..maintain, operate and
keep in repair upon or over the public streets, highways and public places in
the village, a line or lines of wire or other conductors together with all
necessary feeders, service wires and apparatus: and to install, maintain 'and keep
the same in repair for a period of 25 years from and after the date of this
ordinance.
SECOND: This franchise shall remain in full force and effect for a period
of 25 years from the date of its enactment. However, this franchise may be
revoked in the event the franchise holder shall fail to comply with the terms
and conditions herein set forth within 60 days after writtten notice of such
failure has been received by the franchise holder.
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THIRD: The franchise holder, by acceptance of this franchise, shall be deemed
to have accepted the following conditions:
(a) Any person and /or corporation may purchase television sets from any
source without any liability to the holder of this franchise.
(b) The holder of this Tranchise shall be required to permit any individual
of corporation to have access to its facilities subject only to payment of the
following alternate rates t6Dbe selected at the option of such individual or
corporation:
1. INSTALLATION CHARGE:
First installation charge shall not exceed $50.00. Each additional outlet
installation charge shall not exceed $25.00..
MULTIPLE DWELLINGS (Installations purchased by landlord):
First installation charge not to exceed $50.00. This installation shall be
transferable. Each additional installation shall not exceed $25.00. Addition-
al installation shall not be transferable to .a different address or different
apartment at same address but may be sold with the property.
2: RENTAL CHARGE:
Rental charge for five- channel service shall not exceed $3.50 per month.
Rental charge for twelve - channel service shall not exceed $4.50 per month.
Rental charge for first extra outlet in the same family residential unit
shall not exceed $ -50 per month.
Rental charge for each additional extra outlet in same family residential
unit shall not exceed $.25 per month.
Rental charge for each extra outlet in all commercial establishments
shall not exceed $1.00 per month.
3. SUSPENDED SERVICE:
There shall be no charge for disconnecting service and no monthly rental
charge while service is disconnected. Charge for reconnection to same
family at same dwelling shall not exceed $4.50.
4. TRANSFER:
Transfer of cable service to a different address where service is available
shall not exceed $10.00.
5. CHANGING LOCATION OF CABLE:
Charge for relocating cable in the same room shall not exceed $5.00. Charge
for relocating cable in another room in the same family residence unit.
shall not exceed $10.00. Charge fore relocating cable which requires re-
running cable outside the dwelling shall not exceed $10.00.
6. TERMINATION BY FRANCHISE HOLDER:
Franchise holder may disconnect service when payment of installation charge
or monthly rental charge is more than sixty days past due. If service is
disconnected by reason of non - payment, a acharge of $4.50 shall be made
for reconnection upon payment of past -due account.
7. Franchise holder may add to the above charges, without further
consent of the Village Board, the proportionate share of any taxes, excluding
real property and income taxes, which may hereafter be imposed upon the
franchise holder.
8. Installation may be disconnected if user attempts to run more
than one set at one time on each installation or permits anyone else to
do the same, or tampers with the lines in any way.
9. An increase in the maximum charges hereinabove described shall
be granted by the Village Board from and after the date of the enactment of
this franchise upon submission to the Village Board by the franchise holder
of evidence of increased costs of operation including maintenance and capital
improvements in an amount commensurate with such increase.
5/9/66
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(c) The franchise holder shall furnish subscribers with reception from
a minimum of five T. V. channels. However, in the event the F. C. C. shall
limit the number of channels which the franchise holder shall be permitted
to furnish, this franchise shall remain in full force and effect subject
to compliance with such F. C. C. rules and regulations:
(d) In the event that the franchise holder shall furnish subscribers
with reception from 12 T. V. channels, the monthly rental charge may be
increased as hereinaboVe provided.
FOURTH: The holder of this franchise shall at all.times. keep
in effect the following insurance coverage:
(1) Workments Compensation Insurance on all employees engaged in the
installation or service of its equipment:
(2) Public Liability Insurance, insuring against personal injury in
the amounts of $100,000.00 and $300,000.00, and insuring against property
damage in the amount of $50,000.00 with the Village of Cayuga Heights as
named insured.
1711TH: It is understood that said franchise holder shall be
subject to such reasonable rules and regulat16nsas shall be imposed in
the public interest by the Village Board of the Village of Cayuga Heights.
In this regard, it is understood that in the event it becomes necessary
to install underground cable across village highways, the franchise holder
notify the Village Superintendent of Highways of such plan, and, upon
completion of such installation, restore the surface of the highway under
its supervision in accordance with the specifications of said Village
Superintendent of Highways.
SIM: The franchise holder shall pay to the Village of Cayuga
Heights, annually, on or before , a sum equal to one percent (1%)
of the gross inane from its cable installation and monthly rentals within
said village. With each payment, the franchise holder shall file with
the Village Board a return stating the gross income or gross operating
income derived from its service to the inhabitants of said village for
the 12 calendar months preceding each such return.
Every return shall have annexed thereto, an affidavit of the owner or of
a principal officer of the corporation to the effect that the statements
contained therein are true. The above described payment shall cover the
period from the date of the first installation of service in said village
which preceded the granting of this franchise.
SEVENTH: If any provision contained in this franchise, or any
clause or phrase hereof shall be held unconstitutional or void for any
reason, all other provisions not so held shall be and remain in force and
effect.
Mr. Thomas presented site plans for a shopping center to be located in the
Commercial Zone on the property known as 840 Hanshaw Road. He stated there
would be a grocery store, drug store, hardware store and three small shops,
with a second story for offices over the hardware store and a full basement
under all units.
The present stone house is to be used as a restaurant with recamnended
addition at rear for another dining area, the present living room to be
used as a dining room as well as the garage with the work area in the center
of the building. Scotch & Sirloin Restaurant of Vestal, New York is interest-
ed in operating the restaurant.
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Attorney Albanese representing Scotch and Sirloin explained the operation as
carried on in Vestal and stated they would expect to operate the restaurant
® in accordance with the Board's restrictions.
VOTED to approve the minutes of the meeting held April 4 and ll1 1966 as
previously furnished to the Trustees in mimeographed form.
VOTED to approve Abstract of Audited Vouchers dated May 9, 1966 in the follow-
ing amounts: General Fund $4,788.44; Sewer Fund $862.10:
Mayor Marcham requested permission to enter into an agreement with Thomas
G. Miller, Jr. for his services as a consultant in the Village claim against
the State on Route 13 land take.
RESOLUTION 894,- THOMAS G. MILLER, JR. SERVICES
VOTED resolved to authorize the Mayor to enter into an agreement with ..
Thomas G. Miller, Jr. to serve as consultant in the suit against the State
for land taken by the State in the building of Route 13.
RESOLUTION 895 - PLEASANT GROVE CEMETERY - USE OF LAND
VOTED resolved that in accordance with the provisions of Article XI - Zoning
Section 2, the Board authorizes the Pleasant Grove Cemetery Association to
use land purchased on Pleasant Grove Road (110' x 594' x 110.2' x 5941) for
cemetery purposes with the understanding that roads entering this property
from Pleasant Grove Road be subject to Board approval.
The Mayor informed the.Board of the complaint on assessment of property of
Harlow Fleck, 211 Berkshire Road and of his reply to Mr. Fleck's letter.
No further action taken.
He also informed them of the request to change Traffic Ordinance Amendment
recently adopted regarding no parking on Cayuga Heights Road from Village
line to Kline Road, by Sigma Chi Fraternity.
RESOLUTION 896 - INVESTIGATE SIGMA CHI COMPLAINT
VOTED to appoint a committee to investigate complaints regarding Sigma Chi
parking problem and make recommendations at next meeting - Committee to be
Trustee Lewis, Police Chief George and Zoning Officer Rogers.
There was a discussion of the proposed purchase of the Village Sewer Plant and
trunk lines by a County Sewer District. It was suggested that in addition to
figures presented on Village equity we should be reimbursed for equity in
Cornell- Airport trunk line now deeded to Village inside Village boundary.
' Is there a possibility of new district accepting secondary sewer lines also
to get us out of the sewer business. The Board of Supervisors would administer
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such a County Sewer District as the plan presently exists. The possibility
of a County Authority) set up to administer the district was discussed. The
Village Attorney suggested we discuss the matter with the Towns of Lanting
and Ithaca since it is now possible by law to carry on joint projects.
RESOLUTION 897 - MAYOR TO REPLY TO COUNTY SEWER
�-AGENCY PROPOSITION. .
VOTED to authorize the Mayor to write to Mr. Harris Dates, Chairman of the
County Sewer,Agency.on the basis of the discussion.
Mayor Marcham stated that the request for sewer service to the area east
of Sapsucker Woods Road in the .Town of Dryden, from Town Supervisor Todd,,,'`
would be the.only request for service.by the Town of Dryden due to.topography
of land.
Attorney Sovocool read a letter from their attorney and he, agreed that`
neither the Town of Dryden nor the sewer district shall make application
for service beyond the,.limits of District No.l.
RESOLUTION 898 - AUTHORIZING MAYOR TO NEGOTIATE
WITH TOWN OF DRYDEN
VOTED to authorize the Mayor to negotiate with Supervisor Todd in.terms of
restrictions mentioned which have to do with time of hook -ups, number of
family residents to be served and other pertinent items as included in, ,
the Town of Ithaca.contract.
RESOLUTION 899 - INSURANCE CO1-1MITTEE
VOTED to form an insurance committee to be composed of Trustee Nelson, Trustee
Dean and Treasurer Wheeler to- discuss and plan insurance program for`Village.
*iF*
Police Chief George gave his reports for the months of.March and April and
they are on file inthe Village Office.'_
RESOLUTION 900 - SIGNS,.'
VOTED resolved that.we will not permit "Hidden Driveway" - ,:signs.: -
it.
Fire Councilman Vorhis gave:his:report and it is on file in_the Village Office.—
The tenants in the apartment) Mr. & Mrs: Charles Moran are :moving;:July 1, 1966.
Mr. Vorhis requested that he and his family be :permitted to occupy the apartment
as soon as the Morans leave...
5/9/66
As Fire Inspector Mr. Vorhis reported on alleged deficiencies in the Carriage
House Apartments at 190 Pleasant Grove Road.
' Zoning Officer Rogers read his letter to the G. B. Company and their reply.
It was decided to await the meeting of.the Architect with Village Zoning .
Officer Rogers and then have the Committee decide future action.
RESOLUTION 901 - APARTMENT OCCUPANCY
VOTED to extend permission.to Richard Vorhis, Fire Chief to occupy the
apartment,after Mr. & Mrs. Moran leave.
aF it iE
RESOLUTION 902 - APARTMENT TEMPERATURE.CONTROL. ..
VOTED to have Engineer investigate condition of the apartment regarding heat
problem in summer and to make recommendations to the Board..
There ensued a review and discussion of the rephrased amendment to the Ordinances-
Zoning submitted by Attorney on which a public hearing,was held April.11, 1966.
Two paragraphs were deleted (1) regarding number of square feet of occupied
space per person and (2) regarding percent of covered area for parking. It
was felt these two subjects could be covered later elsewhere in the Ordinances.
' RESOLUTION 903.— ADOPT ORDINANCE AMENDMENT .
VOTED resolved to adopt the following amendment to Article XI - Zoning, toa,wit:
PUBLIC NOTICE OF AMENDMENTS
TO VILLAGE OF CAYUGA HEIGHTS ORDINANCES
TAKE NOTICE, that the following are amendments to Article XI - .Zoning, duly
adopted by the Board of Trustees of the Village of Cayuga Heights,.New York
on May 9, 1966, and entered in its minutes, to wit:
ARTICLE XI - ZONING
SECTION 3. Multiple Housing District. First sentence to remain same.
1. Same
2. "Any of the following uses:
Existing 2 through 6 to become subsections "a" through "e".. .
"Provided that any landowner who intends to use land for any of
the purposes listed above shall submit to the Village Board a.site plan and
such other evidence as may be required by the Board of the proposed use
and shall be given opportunity to explain to the Village Board the nature of
and reason for the intended use.
"The Village Board shall consider the following: The location and size of,.
the use, the nature and intensity.of the operation involved and the size and
topography of.the site in relation to it, the location.of the site with
respect to roads giving access to it, the provisions for parking and the
5/9/66
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relation of the size of the building and lot to the parking area, and any other
reasonable requirements necessary to keep the proposed.use safe and in.harmony
with the appropriate and orderly development of the Multiple Housing District.
"These standards shell be in addition to those listed in SECTIONS 5
through 10.
"Action by the Village Board signifying acceptance of a plan shall be
the necessary preliminary to the issuance of a permit by the Village Zoning
Officer, otherwise the Village Zoning Officer shall deny the application
for a permit.
"No building which has been erected, altered, or extended, shell be
used or changed in use until a certificate of occupancy shall have been
issued by the Zoning Officer, stating that the buildings or proposed use
thereof complies with the provisions of this ordinance."
Subsection 7 - same - but renumbered 113 ".:
SECTION 4. Commercial District. First sentence to remain same.
1. "Any use permitted in the Multiple Housing District, subject to the
other requirements as set forth in SECTION 3 above.
2. "Any of the following uses:
Existing 2 through 9 to became "a" through "h ".
"Provided that any land owner who intends to use land for any. of the
purposes listed above shall submit to the Village Board a site plan and such
other evidence as may be required of the proposed use and shall be given
opportunity to explain to the Village Board the nature of and reason for
the intended use. The Village Board shall consider the following: The
location and size of the use, the nature and intensity of the operation
involved and the size and topography of the site in relation to it, the
location of the site with respect to roads giving access to it, the
provisions for parking and the relation of the size of the building and
lot to the parking area, the amount of traffic generated by the said business,
and any other reasonable requirements necessary to keep':the proposed use
safe and orderly in the Commercial District.
"These standards shall be in addition to those listed in SECTIONS 5
through 10.
"Action by the Village Board signifying acceptance of a plan shall be
the necessary preliminary to the issuance of a permit by the Village Zoning
Officer otherwise the Village Zoning Officer shall deny the application for
a permit.
"No building which has been erected, altered, or extended, shall be
used or changed in use until a. certificate of occupancy shall have been
issued by the Zoning Officer, stating that the buildings or proposed use
thereof complies with the provisions of this ordinance."
Effective May 22, 1966
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A discussion followed on amount of work involved for Zoning Officer to issue
' Certificates of Occupancy,'which would require inspection of building and
lot. Zoning Officer stated he would not be able to devote that much time to
the office. It was suggested the Assessor position be combined with Zoning
Officer position. A Committee composed of Robert Dean and John Bebbington
was appointed April 4, 1966 by the Mayor to explore the Town of Ithaca
recommendation of using a joint assessor and report to the Board their
recommendations on an Assessor.
The resolution presented by Attorney Holmberg regarding the television franchise
was discussed and 'a committee was appointed to meet -with Town of Ithaca committee
(if one is appointed);to study this resolutionaand make recommendations of our
course of action. Committee to be Mrs. Katherine Ensworth and Carl Nelson.
RESOLUTION Cl OVERDUE ACCOUNTS RECEIVABLE
VOTED that Overdue Accounts Receivable be added to the Tax Roll for 1966 -67
-in the amount of $75.06.
dF iE iF
5/9/66
RESOLUTION 905
= DISPOSITION OF SURPLUS FUNDS
VOTED to place
the sum.of'
$ . OL 6 O- b0
of the 1965 -66 surplus funds in the
.Tax Stabilization Reserve
Fund. (Amount
to be determined and inserted later.)
RESOLUTION 906
- DATE OF SPECIAL MEETING
VOTED to set date of Special Meeting for
approving end -of -year bills at 4'P.M.
on Friday, May
27, 1966.
VOTED to approve the following transfer
of funds as recommended by the Treasurer:
From
To
Amount
For
A -290 -650
A- 43-200
$260.00
Copier
A -290 -650
A -41 -400
25.00
Bond
A- 290 -650
A -74 -440
50.00
Janitor services
A -81 -441
A -81 -400
37.50
Misc. Fire Department
A- 290 -650
A -82 -440
16.00
.
Rent - Police Offices
A -125 -100
A- 101 -100
200.00
Salary transfers
A- 103 -100
A -101 -430
75.00
Additional Insurance ..1
A- 103 -100
A- 103 -440
230.00
Contract work
A- 290 -650
A -127 -400
100.00
Miscellaneous
A -290 -650
A- 103 -400
100.00
A- 290 -65o
A- 103 -410
16o.00
.
A -290 -650
A- 290 -676
773.00 )829.28
Fire Department Equipment Reserve
A- 3o -400
A -290 -676
56.28 )
G- 290 -650
A -123 -100
21000.00
To cover salaries
G -290 -650
A- 123 -410
500.00
To cover supplies
5/9/66
RESOLUTION 907 - BANK CONTRACT
VOTED to approve contract with Tompkins County Trust Company regarding the
Tax Stabilization Account, interest to be 4:2% provided we giv 90 days.
written notice-of withdrawal of funds..
RESOLUTION.'908 - 1966 -67 UNITS ON CARRIAGE HOUSE APARTMENTS
VOTED to assign 30 units to Carriage House Apartments) -190 Pleasant Grove Road,
based on present rentals for billing purposes June 1i:1966�,and to back" charge,
for additional units next year..
RESOLUTION. 909 = APRIL OVERTIME.
VOTED to approve following overtime.for month of April as follows: Cornelius
$16.05; Garvin $11.80; Grover $11.85. '
RESOLUTION 910 - SEWAGE DISPOSAL - JACOBS PROPERTY
VOTED to advise Mr. Stephen W. Jacobs we approve of his proposed.method of
disposal of sewage-on his property at 708 Cayuga Heights Road and we will
charge the normal Village rate.
�• is it• . 1:.'
There was a discussion of the plans for developing a shopping center on the
property at 840 Hanshaw Road now owned by Chase and Hewitt.
RESOLUTION 911' - SHOPPING CENTER PERMIT
VOTED to'authorize the Zoning Officer to issue a Zoning Permit to Chase and
Hewitt upon satisfactory settlement of points raised by Zoning Officer of
new buildings at 840 Hanshaw Road. This permit does not extend.to the
planned addition to or alterations of the existing structures.
There was discussion on charges.to Lansing Water District. No: 1. It wai-xelt
payment should be made by Lansing residents who.hook up to the -water main for
the use of our mains and increased pressure costs,,.based..on.total: assessment
of their property at.s: rate:and one -half times.Village rate. `.No.contract..
exists at present with the Town of Lansing.
Meeting adjourned at 12:30 A.M., 5/1o/66
Vera W. Snyder'
519166 Village Clerk
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