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HomeMy WebLinkAboutReg Mtg. Minutes 12/18/1989J7S MINUTES of Regular Meeting - 11/20/89 of their terms and conditions of employment. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. A tentative special meeting was scheduled for December 4 - 7:00 p.m. for the purpose of discussing further the Remington Road issue. Meeting adjourned 12:15 p.m. av'� K Anne Kro to Clerk MINUTES of a Regular Meeting - 12/18/89 Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held December 18, 1989 at 7:30 p.m. in the Village Hall. PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Searle, Weiss, Wheeler, Attorney Oesterle; Treasurer Silber; Supt. of Public Works Rogers; Police Chief Wall; Fire Chief Millier. OTHERS: Jim Napoleon and Assistant, John Majeroni, M/M Shepherd, tom McCarthy, Kay Newman, Dooley Kiefer, M/M Rothaus, Attorney Holmberg. Mayor Anderson called the meeting to order at 7:30 p.m., proceeding with the discus- sion regarding the Remington Road issue. The Mayor made reference to the two resolutions drafted by the Attorney - one for the abandonment and the other for the reopening of Remington Road. He referred alsoto his memo dated 12/14/89, giving his views on the subject. The Attorney stated she has given as much in the legal area as she can and that the Boare needs to discuss the points of each resolution to decide how to proceed. Trustee Weiss stated he would feel more comfortable if the Board would take the time to review the issues once again in an executive session. Moved byTrustee Weiss, seconded by Trustee Searle: RESOLUTION 4104 - ENTER EXECUTIVE SESSION VOTED to enter Executive Session at 7:45 p.m. to review the aspects of Remington Rd. reopening issue relating to possible litigation and to limit the time to thirty minutes. Trustee Camp, Fleming, Pimentel, Searle, Weiss voted YES. Trustee Wheeler OPPOSED. Motion byTrustee Pimentel, seconded byTrustee Wheeler: RESOLUTION 4105 - ADJOURN TO REGULAR MEETING VOTED to adjourn to regular meeting at 8:15 p.m. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. Moved byTrustee Pimentel, seconded by Trustee Wheeler: /76 MINUTES of a Regular Meeting - 12/18/89 RESOLUTION 4106 - REOPEN REMINGTON ROAD VOTED to accept the drafted language of resolution #2 to reopen Remington Road, with various provisions as worked out by the Attorney, and the first go- around on numbers will suggest that the Village will cover drainage improvement cost ($66,000) and 3/4 of the cost of numbers 1,2,3,5,6,7 road improvement itemizations on the T.G. Miller Report which totalled approximately $139,000 - $140,000. Trustee Pimentel, Wheeler voted YES. Trustees Camp, Fleming, Searle, Weiss OPPOSED. Discussion ensued regarding apportionments of costs for drainage, gravel phase and macadam phase. Motion by Trustee Camp, seconded by Trustee Fleming: RESOLUTION 4107 - REOPEN REMINGTON ROAD ADDING APPORTIONMENT "WHEREAS CLAUSE" VOTED to accept the drafted language in resolution #2 to reopen Remington Road and to include apportionment "whereas clause" regarding: putting utilities in first so that everybody pays reduced cost, that the second phase of the project is to bring the road to the gravel phase and to apportion costs as follows: drainage: 75% Village, 25% adjacent landowners; gravel: 50% Village, 50% adjacent landowners; macadam: 25% Village, 75% adjacent landowners. Trustee Pimentel moved and Trustee Wheeler seconded to amend the apporionment of macadam to 50% Village, 50% adjacent landowners. Trustees Camp, Fleming, Pimentel, Wheeler voted YES. Trustees Searle, Weiss OPPOSED. Motion byTrustee Camp, seconded byTrustee Fleming: RESOLUTION 4108 - REOPEN REMINGTON ROAD WHEREAS, that 50 foot wide portion of Remington Road from North Sunset Drive to-l.bt numbered`.17 on Village': Taxmaps :and'.that.25:foot:easterly °.portion of Remington Road from lot numbered 17 on Village Tax maps to Lake Street (hereinafter referred to as "closed Remington Road ") was acquired bythe Village of Cayuga Heights in 1957 when it was annexed by the Village from the Town of Ithaca, and WHEREAS, the Village of Cayuga Heights Board of Trustees voted to close the above - mentioned portion of Remington Road indefinitely in 1967 as a�safety precaution, and WHEREAS, the above - mentioned portion of Remington Road has remained closed since 1967, and WHEREAS, Mayor Marcham stated by letter to Professor Shepherd in July of 1967 that "The Board undertakes to re -open the road and to put it in safe and usuable condition when a Village property owner whose property fronts on the road prepares to build on his property. Further, the Board instructed me to say that should you or any other of these property owners engage in negotiation for the sale of your property you may show the prospective purchasers this letter as evidence , of the Village commitment to open the road," and WHEREAS, Mr. and Mrs. Dennis Shepherd, owners of lot numbered 5.1 have requested that the Village of Cayuga Heights commit itself to re- opening closed Remington Road in order to provide access to their lot, and / 77 MINUTES of Regular Meeting - 12/18/89 WHEREAS, the Board of Trustees of the Village of Cayuga Heights hired T.G. Miller & Associates, Engineers and Surveyors to estimate the costs of re- opening ®said road and providing utilities to all of the lots located on the closed Remington Road, and WHEREAS, T.G. Miller & Associates estimated the total costs at approximately $385,000.00 to $583,000.00 or approximately $106.00 to 161.00 per lineal foot of frontage along Remington Road or approximately an average of $25,666 to $38,866 per lot, and WHEREAS, Village Law Section 6 -622 permits allocation of all or part of the costs for grading, paving, and re- paving of a street in the Village to owners of adjoining properties, and WHEREAS, in order to minimize costs to the Village and the landowners along the closed Remington Road, it is reasonable for all utilities to service the properties along closed Remington Road to be installed prior to drainage and roadway improvements, NOW THERFORE, it is resolved that 1. It is in the best interests of the Village of Cayuga Heights to re -open closed Remington Road. 2. It is not in the best interests of the Village of Cayuga Heights to re -open closed Remington Road at the full general expense its taxpayers. 3. Closed Remington Road shall be improved by grading (including necessary drainage expense) and re- surfacing. These costs shall be allocated between the Village of Cayuga Heights and the adjacent landowners in accordance with Village Law Section 6 -222 on a frontage foot basis. 4. The adjacent landowners shall provide and pay for all utilities necessaryto service the properties including but not limited to water, sewer, electric, gas, cable and telephone lines. 5. After all necessary utilities are installed to service all of the properties along closed Remington Road, the Village of Cayuga Heights shall improve closed Remington Road by a two -lane gravel service running from North Sunset Drive to Lake Street. 6. Twenty -five percent (25 %) of the costs of the drainage improvement shall be assessed against the adjacent landowners on the basis of each landowner's frontage along closed Remington Road. The Village of Cayuga Heights shall pay Seventy -five percent (75 %) of the costs of the grading (including drainage) for closed Remington Road. 7. Fifty percent (50 %) of the costs of the gravel surfacing shall be assessed against the adjacent landowners on the basis of each landowner's frontage along closed Remington Road. The Village of Cayuga Heights shall pay Fifty percent (50 %•) of the costs of the gravel surface for closed Remington Road. 8. When conditions warrant further improvement of closed Remington Road (in the judgment of the Board of Trustees of the Village of Cayuga Heights), closed Remington Road shall be further improved by the Village of Cayuga Heights with a two -lane macadam surface. .178 MINUTES of a Regular Meeting - 12/18/89 9. Fifty percent (50 %) of the costs of the macadam surface shall be assessed against the adjacent landowners on the basis ofeach landowner's frontage along closed Remington Road. The Village of Cayuga Heights shall pay Fifty percent (50 %) of the costs of the macadam surface for closed Remington Road. 10. The assessments against the adjacent landowners shall be allocated over a ten (10) year period. 11. An agreement with the Town of Ithaca should be sought concerning that portion of closed Remington Road which is owner by the Town of Ithaca. The Mayor is instructed to negotiate with the Town of Ithaca regarding their payment of that portion of the roadway that is owned by the Town of Ithaca. Any monies paid by the Town of Ithaca shall reduce the total costs that are then allocated between the Village of Cayuga Heights and the adjacent landowners. 12. A public hearing on this resolution shall be held on January 15, 1990 at 7:00 o'clock at the Village Hall for the Village of Cayuga Heights to consider the above resolution and shall be conducted in accordance with Village Law Article 21. The notice of public hearing shall state that a resolution for the re- opening and allocation of costs for grading and surfacing that portion of Remington Road lying in the Village of Cayuga Heights and running from North Sunset Drive to Lake Street will be considered at said hearing. Trustees Camp, Fleming Pimentel, Wheeler voted YES. Trustees Searle and Weiss OPPOSED. In response to a request from Mr. and Mrs. Dennis Shepherd for a copy of the foregoing resolution, Mayor Anderson stated he will make up a guide sheet showing improvment costs for their use. Mr. Jim Napoleon presented and reviewed drawings of traffic volumes taken from Sasaki Associates REport dated 1/4/89. Mr. Napoleon advised against an access to Highgate Road, recommending that 50% of the housing units access onto Hanshaw Road and 50% onto N. Triphammer Road. He reiterated his position that access onto N. Triphammer Road should be at least 500 feet south of the Village boundary to ensure that sight distances are adequate, suggesting the location across from Winthrop Drive as ideal. Mr. Majeroni, responding to this point, stated that Cornell will develop a survey to determine the feasibility of accessing in line with Sheraton Drive and Mr. Napoleon said he would review the survey upon completion. Mr. Napoleon was advised that a manned traffic count has been accomplished on N. Triphammer Road and as soon as those figures become available, he will be apprised. Mr. Napoleon and his Assistant left the meeting. Motion by Trustee Fleming, seconded byTrustee Pimentel: RESOLUTION 4109 - ENTER EXECUTIVE SESSION VOTED to enter Executive Session at 10:15 p.m. to discuss a personnel matter. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. Fire Chief Millier asked to be excused for the evening. He presented his written reportwhich is on file. 1121- Moved by Trustee Searle, seconded byTrustee Camp: MINUTES of a Regular Meeting - 12/18/89 RESOLUTION 4110 - ADJOURN TO REGULAR MEETING VOTED to adjourn to regular meeting at 10:21 p.m. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. Motion by Trustee Searle, seconded by Trustee Pimentel: RESOLUTION 4111 - GRANT REQUEST TO CAYUGA HEIGHTS POLICE DEPT. TO INCLUDE PART -TIME PATROL OFFICERS l71 WHEREAS, the full -time and part -time police officers of the Village of Cayuga Heights have voted to form an employee organization and have further requested that the Board of Trustees for the Village df Cayuga Heights recognize the Cayuga Heights Police Benevolent Association as exclusive bargaining agent for the full -time officers of the Department in collective bargaining of their terms and conditions of employment and the administration of grievances, and WHEREAS, the Board of Trustees has investigated the status of this group of employees and has determined that all full -time and part -time Sergeants and Patrolment of the Village of Cayuga Heights Police Department have a community of interest and could be included in the bargaining unit. WHEREAS, the Board of Trustees for the Village of Cayuga Heights has been informed that this request is unanimous amoung all full -time and part -time Sergeants and Patrolmen of the Village of Cayuga Heights police Department, and therefore represents a majority of the employees in the proposed baragining unit, NOW THEREFORE, it is hereby resolved that The Village of Cayuga Heights determines that the Cayuga Heights Police Benevolent Association represents a majority of the employees in the following defined bargaining unit and hereby recognizes the Cayuga Heights Police Benevolent Association as the negotiating agent for all full -time and part -time employees of the Village of Cayuga Heights Police Department who are in the job titles of Sergeants and Patrolmen. Excluded are all other employees of the Department as well as those employees in a job title listed by the Public Employment Relations Board to be managerial or confidential employees under the Taylor Law. The job titles used above are for descriptive purposes only. Their use is neither an indication nor a guarantee that these titles will continue to be utilized by the Village of Cayuga Heights. Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. Trustee Pimentel was excused from the meeting at 10:22 p.m. Trustee Camp asked whether it would be possible to have drafted copies of resolutions which will come before Trustees for action and alsolist of monthly correspondence a week before the regular meetings in the hope that this will shorten the length of meetings and emprove Board efficidncy. Motion by Trustee Fleming, seconded by Trustee Searle: VOTED TO APPROVE THE MINUTES OF A Public Hearing and regular meeting held November 20, 1989 as previously furnished Trustees in photocopy form, with correction to i80 MINUTES of a Regular Meeting - 12/18/89 the latter per Trustee Wheeler - page 1 - strike "Mr. Napoleon questioned the ' legality .........." but rather that he stated that "it would be a drastic move and would require extensive study." Unanimously passed. Trustees Camp, Fleming, Pimentel, Searle; Weiss and Wheeler voting yes. Moved byTrustee Camp, seconded by Trustee Fleming: VOTED to approve the Abstract of Audited Vouchers dated 12/18/89 in the following amounts: General Fund - $17,949.36; Sewer Fund - $22,809.22; Capital Fund - 42.30. Also to add to the list Sewer Plant overtime in the amount of $2,677.50. Unanimously passed. Trustees Cafnp, Fleming, Pimentel, Searle, Weiss and Wheeler voting yes. Mayor Anderson reported on the monthly correspondence: - Recycling & Solid Waste Disposal - Mayor and Jack Rogers met with Mary-.Call and Barbara Eckstrom on December 13. - ACC - Re automatic extension of franchise for 5 -year period to run to March, 1993. - T.C. Dept. of Health re the new Smoking Law effective January 1, 1990. - Noise complaint from Carle Brown. - John Sherman, attorney for Yaw's Environmental Process Control, Inc. regarding potential conflict of interest in connection with an- employee who is also employed by Town of Ithaca. Supt. of Public Works Rogers will give particulars during his report. - Report to the Town of Ithaca from Pickhhd & Anderson dated July 11, 1989 re infiltration problem in the Northeast area of the Town. - Jim Dennis has been chosen to represent the Village in negotiations with the Police Department. - Village rep on EMC - several names have been submitted: Ellen Harrison, Amy Winkler, Paul Sarokwash. The Mayor will write ms. Harrison re her continued interest and send Resume form relative to appointment by Tompkins County Board. - Re Mr. Frederick Weeman's request for Board consideration to designate his property as 108 Highgate Road (Village records show 11110 "), Attorney Oesterle stated she will get a copy of his deed. -No action taken, as yet, by either Mr. Ginsberg of 212 Hanshaw Road to move back his arborvitae hedge or Mr. Michael Timmons to move back his stone wall. The Mayor was instructed to write them. Mayor Anderson left the meeting at 10:55 p.m. and Deputy Mayor Fleming took over. Trustee Wheeler reported that the County has not allowed the Water Commission the use of the Sheldon Road tank because the water has traces of nitrous oxide due to the recent painting. He reported also that he has given a copy of the Village Ordinances to Professor Ernie roberts, expert on land use, for study and comparison with those of the Village of Trumansburg. Trustees were asked to submit their suggestions for changes. No monthly report for CHCA. Treasurer Silber reported that he has selected ADP to do Village payroll which will commence on January 12, 1990. He reported that he has renewed the Repurchase Agree- (DI MINUTES of Regular Meeting - 12/18/89 ment and took some funds out of the Money Market to add to it ($700,000 +) and author- ized Tompkins County to reduce the amount of security they were holding against de- posits so that they are in line with amount of deposits. After the first of the year, he will ask Department Heads to begin preparation for the new budget. A check for $500 was received from Cornell University for the Proper Study. Attorney Oesterle reported that the Village has won the Wheeler Federal Court case on Summary Judgment. A copy of the full decision is on file in the Village Office. In connection with the letter from Attorney Sherman regarding the potential conflict of interest relative to Mr. Eric Whitney (an officer of Yaw's Environmental Process who is also an employee for the Town of Ithaca) because of pending litigation between the Town of Ithaca and VCH over the use of wastewater treatment facility, Eng. Rogers has been instructed to respond to the letter stating that the steps being taken to exclude Mr. Whitney from direct supervision at the facility and from ownership of corporate stock while the situation exists is sufficidnt action at this time. Police Chief Wall submitted his monthly written report which is on file. Chief Wall stated that signs have been ordered for Oak Hill Road and Place., A request from Ann Ashman of 398 E. Upland Road for a street Iight north of her home was denied due tothe fact that there are numerous street lights in that location already. He reported also that the lawsuit filed earlier this year against the Village and Police Department re misconduct on a drug raid was withdrawn without payment. Supt. of Public Works Rogers submitted his written report which is on file. The Public Works Committee will meet with Supt. Rogers to establish policy relative to the handling of brush pickup. Eng. Rogers presented plans from Cornell University showing American Indian Housing on Jessup Road, and a new Sorority on Triphammer Road, both located in the City of Ithaca neqr the Village's south boundary. The plan includes additional parking for both facilities. Report of Sewer Plant Flow: 1 MGD which is 50% of design capacity; BOD is 41% of maximum allowable; TSS is 45 %. However, Eng. rogers cautioned that because the flow is low does not indicate there is excess capacity. In reviewing the numbers on the Preliminary Housing Units and Special Place Count printout from the Census Bureau, Eng. Rogers noted a number of questionabe census counts for block numbers that were on the border of the Village and Town of Ithaca and the border of the Village and City of Ithaca. He will look into it. Motion to adjourn at 11:45 p.m. byTrustee Searle, seconded by T,rVtteee amp. Anne Krohto Clerk