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HomeMy WebLinkAboutPublic Hearing/Reg Mtg. Minutes 10/14/1968VILLAGE OF CAYUGA HEIGHTS 194 Pleasant Grove Road Ithaca, New York Minutes of PUBLIC HEARINGS held in the Village Hall on Monday, October 14, 1968 by the Board of Trustees of the Village of Cayuga Heights. Ai PUBLIC HEARING at 7:00 P.M. to consider granting permission to the Village Groan Shopping Center to use the Stone House as a restaurant -bar operation. Present: Mayor, F. Gi Marcham; Trustees, R. E. Anderson, H. R. Fisher, V: A. Fogg, Mi T. Freeman, C. H. Nelson, R. F. Randolph; Clerk Vera W. Snyder; Engineer John B. Rogers. Others present: Attorney, Alan H. Treman, Attorney Walter Wiggins, twenty -five residents including Village officials other than above listed, news media representa- tives, and E. V. Underwood. Mayor Marcham opened the hearing by stating the purpose was to consider the need for a restaurant -bar operation in the Village. Mr. Treeman, representing the Village Green Shopping Center, presented the favorable aspects of having a restaurant of high quality in the Village. Mr. Wiggins, representing the Kent Steak House,discussed the closing hour and stated a 10 o'clock closing would be uneconomical. He pointed out that over the last five years of operation the Kent Steak House business indicated that 15% of the income was from sale of liquor and 85% was from food. Bar customers are almost exclusively patrons waiting for meals. He further stated the midnight closing time is desirable but if Board should say 11:30 P.M. closing it would be possible, though he felt midnight closing more reasonable. • Petitions were then presented in favor of the Kent Steak House operating in the Village Green with a midnight closing, and 56 of the signatures were Village residents Four letters from Village residents were received prior to the Hearing in favor of the Kent Steak House operation. Four residents spoke in favor of the operation in the meeting. Four residents spoke against the midnight closing and one resident spoke against granting permission for the restaurant operation. One resident suggested the bar close at 10 :00 P.M. and only serve drinks to diners, from 10:00- 12 :00. Owner agreed he would be willing to say no service at the bar after 10 :00 or 10 :30, only serve at tables. Mr. Chase, one of the owners of Village Green Shopping Center, Inc., stated he had had a number of opportunities to rent the stone house for much less desirable purposes than a restaurant but had not done so. He felt the integrity of the owners should be given consideration. Adjourned 8 :10 P.M. B. PUBLIC HEARING - 8 :15 P.M. to consider amending Article XI Zoning Section 2, 40 Residence District, to clarify the occupancy requirements. Present: Same as above. Copies of proposed amendment were circulated among the few remaining persons, which added the following phrase to 1. a., b., & c.: "in the said residence ". There being no discussion, the hearing adjourned at 8:17 P.M. VILLAGE OF CAYUGA HEIGHTS • MINUTES of a REGULAR MEETING of the Board of Trustees of the Village of Cayuga Heights held in the Village Office Monday, October 14, 1968 at 8 :22 P.M. PRESENT: Mayor Frederick G. Marcham; Trustees Ronald E. Anderson, Harold R. Fisher, Verne A. Fogg, Mary T. Freeman, Carl H. Nelson, Rane F. Randolph; Attorney Roger B. Sovocool; Clerk Vera W. Snyder; Engineer John B. Rogers; Fire Chief Richard Vorhis; Police Chief Jack W. McGraw, Sr.; Treasurer Gordon B. Wheeler. OTHERS PRESENT: Gary Girard, W.H.C.U.; Peter Walsh, Ithaca Journal and William Kopald, W.T.K.O. VOTED to approve minutes of the meeting held September 9, 1968 previously furnished to the Trustees in mimeographed form. VOTED to approve Abstract of Audited Vouchers dated October 14, 1968 in the following amounts: General Fund,- $11,054.20, Sewer Fund - $12,719.12, Capital Fund - $20,000. Mayor Marcham reported on items of business since the last meeting. Professor Pimentel had written him we are not doing an adequate job to control Dutch Elm Disease. Most residents cooperate in removing diseased trees,a minority do not. He also stated infected trees in adjoining areas creates a problem. He suggested the Village "assume the burden of diseased tree removal and distribute the cost in the budget to all residents rather than removing and assessing cost to tree owners who do not respond to requests'.. • A meeting with Town of Dryden Supervisor Lee, Attorney Amdur, Village Attorney Sovocool and the Mayor, was held to negotiate a new Sewer Contract for District No. 1. As soon as a text is available it will be sent to the Trustees. A study of Judge Bryant's decision in the Kapp case led those present to conclude an appeal should be made. It was agreed the Town of Dryden would do the legal work and the Village pay for the transcription of the testimony. He also mentioned Treasurer Wheeler's recommendation that the Village avail itself of the 1% Utility Tax by adopting a Local Law to this effect. The Mayor had a letter from Mr. Robert Scott regarding the installation of a traffic light at the HRnshaw -North Triphammer intersection. Justice Dean asked the Mayor for Village support of the Theater Workshop program associated with the City Youth League. Mayor Marcham requested Trustee Freeman to inquire into the matter and the possibility of formal or informal support of the Village. Mayor Marcham presented Mrs. Snyder's recommendation to make the appointment of Mrs. Helen Thomas, typist, permanent and increase the salary to $4,000 per annum as provided in the budget. The Personnel Committee requested this change not be considered until after their report was made to the Board. The problems created by Dutch Elm Disease were discussed and Attorney Sovocool was asked to follow up on legal issues. W Minutes 10/14/68 Page 2 RESOLUTION 1329 - AUTHORIZE EXPENDITURE TO APPEAL SUPREME COURT • DECISION IN KAPP CASE VOTED to authorize the expenditure of $200.00 to be used toward the cost of printing records and briefs in support of an appeal by the Town of Dryden against the Supreme Court decision in the matter involving the Village and Otto E. Kapp if such appeal be taken. Police Chief McGraw's report was previously mailed to Trustees. He called attention to the recommendation of the Department for a curfew ordinance and distributed copies. He referred to the last paragraph in his report regarding additional personnel in the Public Works Department explaining that this recommendation arose due to numerous complaints of residents concerning condition of shoulders, growth of brush and weeds in ditches and intersections, as well as assistance in erection of necessary signs to meet the minimum State standards. The report is on file in the Village Office. Fire Chief Vorhis' report for the month of September was mailed to Trustees and was accepted and filed. Chief Vorhis stated Lansing Fire Contract had been discussed and that a new law requires contract to be for a calendar year. The present contract expires as of October 31, 1968. During the discussion of the Lansing Fire Contract several points were raised: 1. Use of Village fire equipment. 2. Use of Lansing fire equipment. 3. Responsibility for inspection of multiple residences in Town of Lansing Fire Protection District. It was agreed that the Fire Chief of the Village Fire Department use his discretion as to what equipment should be used. The Trustees felt that the Lansing Fire District should be willing to commit some part of its equipment on request. It was decided that in the matter of inspection the responsibility be placed upon the Town of Lansing. The above decisions to be effective as of January 1, 1969 when the new Contract becomes effective. RESOLUTION 1330 - EXTEND FIRE CONTRACT, TOWN OF LANSING VOTED to authorize the Mayor to sign an agreement with the Town of Lansing to extend the period of time and the terms of the present fire contract for two months from November 1, 1968 to January 1, 1969. at *� RESOLUTION 1331 - APPROVE WILLIAM REYNOLDS PERMANENT VOTED to approve the permanent appointment of William Reynolds, Police Patrolman, since he has passed the required examination. Minutes 10/14/68 Page 3 The Trustees discussed the proposed amendment to Article XI Zoning, Section 2, Residence District as to occupancy and requested the Attorney to reword it. After discussion the Board agreed informally to defer to the next meeting the decision regarding permission to operate a restaurant -bar in the Stone House in the Village Green Shopping Center and the Board asked the Attorney to present to the Board his suggestions for a permit, which is to be so written that the quality is maintained in case of change of either ownership or lessee. Engineer Rogers discussed his reports which were previously mailed to the Trustees. RESOLUTION 1332 - APPROVED EXPENDITURES ON INFILTRATION PROGRAM UP TO $14,000 VOTED to authorize the Engineer to proceed with sewer line construction, the cost not to exceed $14,000. The possibility of a drainage problem being created by the erection of buildings by BOCES on the Warren Road 30 acre site was discussed. Mayor Marcham to write letter inquiring as to plans for drainage. Engineer Rogers reported Brook Lane 6" sewer line not to be replaced by 8" line by City of Ithaca until next year at Village expense. He called attention to the demise of Mrs. Werder of 508 Highland Road who ran a • rooming house for many years at this address in violation of the Zoning Ordinance for Residence District. The matter of correcting the situation was referred to the Attorney. Engineer Rogers reported on a discussion with County Superintendent of Highways regarding the bridge on Cayuga Heights Road which is a county maintenance item. Mr. Stevenson suggested the bridge be removed and replaced by a culvert type crossing and run the water line in gravel. Attorney Sovocool referred to a letter from Treasurer Wheeler in regard to the 1% Utility Tax that may now be used in Villages with less than 5,000 population. He explained the advantages of acquiring of land for future sewer right of way from Hilda Smith. RESOLUTION 1333 - CONFIRM ACTION TAKEN ON TELEPHONE POLL FOR PURCHASE OF LAND VOTED to confirm the telephone poll of Trustees to purchase of 3}, acres of land- locked property of Hilda Smith to insure right of way for future extension of sewer line to the northwestern part of the Village, and authorize the Mayor to consent to purchase of the land at a price of $750 and to have the deed recorded. • VOTED to accept and place on file the the following bank balances as of 8/3; General Fund Sewer Plant Fund Sewer Lines Fund Water Lines Fund Total Treasurer's Three Month Report which showed L/68: $ 39,854.38 102,820.81 21,680.11 2 095.53 $166,'450.93- .1 Minutes 10/14/68 Page 4 VOTED to approve the following transfers requested by the Treasurer: From To Amount Reason A 2- 00 A 2 -200 77 .2 To cover extra equipment Police Dept. -Other Police Dept.- Equip. A 290 -650 A 290 -676 $2,951.00 To cover back payments Contingency Fire Dept. Equip, due to equipment fund Treasurer Wheeler reported he spent 2Z days at the Annual Conference of Mayors Training School for Fiscal Officers and Clerks in Niagara Falls, N.Y. in September. He felt he gained some benefits from the meetings. He recommended we adopt a Local Law to charge a 1% Utility Tax on public service corporations. RESOLUTION 1334 - PUBLIC HEARING LOCAL LAW VOTED to instruct the Clerk to publish a notice of a Public Hearing to consider the adoption of a Local Law for the purpose of imposing a 1% Utility Tax,,to be held November 11, 1968 at 7:00 P.M. RESOLUTION 1335 - ATTORNEY TO DRAFT LOCAL LAW VOTED to authorize the attorney to draft a Local Law to institute the 1% Utility Tax. Architect's Plans for additions to Village Hall were briefly discussed. The estimated cost was set at $102,000. RESOLUTION 1336 - SPECIAL MEETING VOTED to call a Special Meeting on October 28th at 7:30 P.M. to consider bids on truck chassis and to take action on proposed building plans and also on application for permission to operate a restaurant -bar in the Village. RESOLUTION 1337 - APPROVE AUDIT VOTED to approve Mr. Bradford's Audit for the period June 1, 1967 through May 31, 1968, previously mailed to Trustees. RESOLUTION 1338 - SEPTEMBER OVERTIME VOTED to approve September overtime as follows: Grover $22.64, Truax $24.16. • RESOLUTION 1339 - REJECT BIDS ON TRUCK CHASSIS VOTED to reject bids received on truck chassis since none of them met the specifications. • dF ** Minutes 10/14/68 Page 5 RESOLUTION 1340 - REJECT BIDS ON AMERICAN LAFRANCE USED FIRE TRUCK VOTED to reject the three bids received on used fire truck since all were way under the estimated value. The bids received on the used fire truck were discussed and since all were very low. the Board desired a study be made to determine if the truck could be used to advantage by any department. Meeting adjourned 11:45 P.M. L 0 Vera W. Snyder Village Clerk