HomeMy WebLinkAboutReg Mtg. Minutes 7/16/1990MINUTES of Regular Meeting - 6/18/90
some discussion concerning the vehicle insurance cost as it relates to vehicles
actually in use and the Treasurer said he will meet with a representative from
Ithaca Agency and Jack Rogers, who asked to be included, to review the list of
vehicles currently in use by the D.P.W.
The question of possible overlapping of sewer plant coverage will be discussed also.
In connection with the Fire Contract between the VCH and Town of Ithaca and the
question raised by the State Auditor relative to the formula used to arrive at th e
annual charge to the Town, the Treasurer will investigate further into the Town's
contract with the City to determine how that charge is computed.
Police Chief Wall presented his statistical report which is on file.
Chief Wall reported that he has temporarily lost the services of part -time
Officer Van Vorce until September due to a home accident in which he was involved.
It was agreed to raise the fee for mowing by Village crews on private property
from $20 to $35 per hour.
The Mayor was instructed to write once again to Mr. Ginsberg and Mr. Timmons remind-
ing them of the Board action relative to their respective Zoning Ordinance violations.
Supt. of Public Works Rogers presented his monthly report which is on file.
Supt. of Public Works Rogers reported an increase in the hourly charge by Yaw's
Environmental Processes, Inc., in connection with the Borg - Warner special treat-
ment - a charge which is passed on to Borg - Warner in their monthly bill from
the Village of Cayuga Heights for special treatment.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 46$ - ADOPT LOCAL LAW #2 OF 1990 - SEWER RENTS
VOTED to adopt Local Law #2 of 1990- Amend Article XIV - SEWER RENTS, Section 6
of the Village of Cayuga Heights Ordinances, stating that on all sewer rents un-
paid after July 1st, interest of five per centum shall be added for the month of
July, and an additional one percentum for each month and fraction thereof there-
after until paid. Effective 6/1/90. Unanimously passed.
Trustees Camp, Fleming and Wheeler voting yes.
Motion by Trustee Camp, seconded by Trustee Fleming to adjourn the meeting.
Meeting adjourned 10:00 p.m.
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Anne Kr hto
MINUTES of a Regular Meeting - 7/16/90
Minutes of a regular meeting of the Board of Trustees of the Village of Cayuga
Heights held July 16, 1990 at 7:30 p.m. in the Village Hall.
PRESENT: Mayor Anderson; Trustees Camp, Fleming, Pimentel, Weiss, Wheeler; Acting
Attorney Oesterle; Treasurer Silber; Supt. of Public Works Rogers; Fire Chief
Miller; Sgt. Lansing.
MINUTES of Regular Meeting - 7/16/90
ABSENT: Trustee Searle, Chief Wall.
OTHERS: Attorney Holmberg, Betty Matyas, Phillip Miller, Doug Leonhart, Adam
Leyens.
Mayor Anderson called the meeting to order at 7:30 p.m.
Moved by Trustee Camp, seconded by Trustee Fleming:
VOTED to approve the minutes of a special meeting held May 31,1990 with changes
per Trustee Camp as 'follows: page 2, discussion of sewer plant: instead of ...
it was suggested ... should read... Trustee Wheeler suggested that the Village
could possibly accede to joint ownership ... Last sentence does not represent the
situation. Strike it and replace with ... There was no agreement among the
Trustees about the best course to follow at this time. The Mayor stated that he
would discuss expansion of Cayuga Heights sewer plant with Mayor Wixom. Executive
Session - add ... to discuss a personnel matter relative to the negotiations
with the Police Officers. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Motion by Trustee Camp, seconded by Trustee Fleming:
VOTED to approve the minutes of a special meeting held June 11, 1990 with correc-
tions per Trustee Camp as follows:
WHEREAS the minutes in present form do not offer a complete representation
of the discussion of June 11, 1990.
MOVE that the minutes for the meeting of June 11, 1990 be amended as follows:
1) delete sentence, Trustee Camp suggested putting it on the basis that as
-soon as a lot had been sold, construction would begin.
replace with, Trustee Camp suggested that construction begin when a permit
to build is issued.
2) delete sentence, Discussion focused on the Village's moral obligation to
reopen and what percentage of costs should be borne by the Village and
landowners.
replace with Trustee Fleming stated that the previous motion of December-
was confiscatory and the Village had a moral obligation to pay for the
entire road. Mayor Anderson concurred, but offered the suggestion that the
Village pay 80% of all construction, including drainage. Trustee Wheeler
agreed that the Village should pay all of the road and drainage costs.
3) delete paragraph 4,
replace with, Trustee Camp suggested leaving the December motion intact
with modification -- 100% of drainage costs be borne by the Village, that
this was probably required upon advice from the attorney, retain the 50/50%
split on two phases of road, gravel and acadam, and the Village initiate
the formation of the utilities district, since the adjoining property
owners apparently could not do this themselves. In discussion with Trustee
Pimentel, who proposed a different split, at first 47% borne by Village,
then 66% borne by Village, Trustee Camp said that 50% was already his
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MINUTES of Regular Meeting - 7/16/90
compromise position because the majority of Villagers would gain no benefit
from the road and therefore the Village should be paying very little of
the costs -- only the amount to restore it to its original, substandard
condition.
Trustee Pimentel replied that to reopen the road was in the best interest
to the Village as a whole. Trustee Camp stated to Trustee Fleming and the
Board that the basis for a decision about costs should be for the good of
the majority of Villagers and not for the few adjacent landowners.
4) add the following paragraph, Mayor Anderson read a,letter from Tompkins
County Trust Bank to the effect that the 7 lots should only result in 9
buildable lots. This point was reiterated by Trustee Pimentel. Upon
questioning of the lawyer by Trustee Camp, Mr. Sovocool stated that the
land can be combined and redivided into as many legal lots as possible.
Restrictions are binding only if they are part of the deeds.
5) delete, Trustee Wheeler ABSTAINED.
replace with, Trustee Wheeler, at first voted AGAINST, then
Trustee Pimentel questioned Trustee Wheeler as to his intentions of whether he
was voting No or Abstaining, stating that it made a big difference, then
Trustee Wheeler Abstained adding that 34% cost to adjacent landowners is too
much.
Trustee wheeler wished to add the following to his comment: ... there should
be no charge whatsoever against landowners.
Trustee Fleming wished his comments included as follows: Trustee Fleming
stated that it was clear to him that Resolution 4108 was confiscatory and
illegal, that the Village Board in 1967 had intended to reopen and construct
the road entirely at Village expense, that the Village had a moral and contractual
obligation to do so at this time, and that he was ready to make a motion to
this effect as soon as the rest of the Trustees had expressed their views.
Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss, and Wheeler voting yes.
Trustee Camp moved to approve the minutes of June 18 contingent upon a "return
to the wording of the night of June 18," as per himself, with respect to the
additional comment attributed to Patty Mutkoski. There was lengthy discussion
concerning the fact that Mrs. Mutkoski's comment - made at the public hearing
on 5/21 - was not recorded in the minutes of the June 18 meeting exactly as
it had been submitted by Trustee Camp for approval. The Clerk stated that it
was her understanding that Trustee Camp was merely referencing the comment he
wished included in the minutes; and believing that he intended, or at least
would have preferred, that the comment attributed to Mrs. Mutkoski be as accurate
as possible and because, according to her original notes of the public hearing
of 5/21, Mrs. Mutkoski did not use the phrase, "conflict of interest" attributed
to her in Trustee Camp's wording, she used the exact quote as taken from
her original notes of the public hearing of 5/21 (after having pointed this
out to the Mayor during the transcribing process and having received his tacit
approval). Trustee Camp stated that the Clerk had not been instructed to re-
check her notes for the exact words of the comment and he insisted that his
specific words be used since: 1 /the Board had approved them without
question and 2 /it was not his intention to,quote Patty Mutkoski. It was
MINUTES of Regular Meeting - 7/16/90
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argued that words should not be attributed to Mrs. Mutkoski if she didn't
say them and Trustee Camp reiterated that since no one corrected or questioned
his wording at the June 18 meeting or stated that they remembered Mrs. Mutkoski's
words as being different from those submitted by him, they should stand as
approved. There was no Second to Trustee Camp's motion.
Trustee Pimentel mvoed to approve the June 18 minutes as previously furnished
Trustees in copy form, and before there could be a Second, and upon the
suggestion for a second tiiae fron 'trustee Weiss, it was agrec6 to table the
minutes for further deliberation. Trustee Weiss suggested also that, at the
same time, the Board decide what they expect from the minutes, i.e., do
Trustees wish a complete and through transcript of Board proceedings?
Motion by Trustee Pimentel, seconded by Trustee Camp:
VOTED to approve the Abstract of Audited Vouchers dated July 16, 1990 in the
following amounts: General Fund - $12,043.65; Sewer Fund - $7,933.28 with an
alteration of distribution as follows: $400 - G8130.46 S.P. Contract Services
and $1534.55 - G8130.47 S.P. Tipping Fees. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
The Mayor reported on the following correspondence:
-Doug Brittain - E. Ithaca Land Use /Transportation Study re Circulation Route
Subcommittee report relative to solutions to the worsening traffic problems in
the East Ithaca area. Trustee Camp suggested asking Jim Napoleon for his
comments and it was agreed that this would be premature and instead, the Mayor
said he will try to keep up with what is being done.
-Re County Planning Survey, the Mayor asked Trustees to turn their completed
forms in to him for forwarding to the County office.
-Jim Hanson, Dept. of Planning, re discussion on the County Geographic
Information System.
-The Mayor reported that he had written George Conneman regarding the State
Auditor's comment relative to his inability to balance the water accounts
from data in Village records. Trustee Wheeler reported that the Commission, by
resolution, has agreed to study the problem.
-Memo from Noel Desch to Commissioner Wheeler complaining that the Village is
consistently delinquent in paying their quarterly water charges to SCLIWC.
Copies of vouchers with notations of payment dates for the last five quarters
proving that these bills are paid in a timely fashion and Mr. Wheeler's
response were promptly mailed to Mr. Desch.
- Census reminder - urge Village participation in review program.
-Dept. of Labor - re Reporting Requirements Under the Public Employee Safety
and Health Act.
-Yard Waste Management Workshops - memo from C.U. - to be held in 8 locations
in the State.
-Draft Resolution Establishing the Tompkins County Residents Jobs Policy.
Youth Commission - Brian Pitzer - ad hoc committee to study issues.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4169 - APPROVE APPOINTMENT OF TWO VILLAGERS TO YOUTH
COMMISSION AD -HOC COMMITTEE
MINUTES of Regular Meeting - 7/16/90
VOTED to approve the appointment of two Villagers to the ad -hoc committee for
study of the youth commission issue and the suage of funds available in 1990.
Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
-Copy of James Warren's letter to Carle Brown concerning the noise problem
emanating from the Convenient Mart which, he states, is seriously.affecting
the sale of the latter's spec house on Lisa Place. The Mayor said the matter
has been taken up with the regional rep from Convenient Mart as well as Dan
Rogers, Manager. They will investigate further from an engineering standpoint.
-John Burness, V.P. Cornell University, explaining that in order for the
University to obtain access to tax exempt bond financing which will expire on
12/31/90, all expenditures from the tax exempt bond issue for capital
construction and renovation projects must be completed by December, 1993.
He went on to say that the Dormitory Authority of the State of New York plans
to issue debt on behalf of the University in early October and will be contacting
the Village for comment on the potential environmental impact of each of the
projects, among which are several which will directly affect the VCH - Student
Housing Renovation - Hulburt, A Lot Expansion, Warren Road /Pleasant Grove Rd.
Connector, North Campus Parking and Roadways Rehabilitation. Mayor Anderson
will contact Mr. Marcham to see if he remembers any specific letters relative
to parking restrictions on the Pleasant Grove property. A detailed listing
of the projects in question will be mailed to Trustees and Engineer Rogers
will research the agreement relative to the buffer zone on Pleasant Grove Rd.
- Shirley RAffensperger, Town Supervisor - relative to the Town's position con-
cerning the portion of lower Remington Road which lies within the Town's
boundaries. She asks for a meeting in late July between herself, Mayor
Anderson, Town and Village Engineers and Attorneys to "resolve all the
outstanding issues in one session." Also, copy of Attorney Oesterle's
letter to Attorney John Barney, Town Attorney, regarding the same issue.
-Mary Call - the County will soon be considering a law which will mandate
the use of trash tags for household trash collection throughout the County,
with no exceptions. Mayor Anderson responded to her letter stating that he
and Supt. of Public Works Rogers are in the process of reviewing data on
tonnage of household waste going to the landfill since March 1, and he
hopes to have some figures for her soon which will show there has been a
reduction in the Village of Cayuga Heights.
-Joe Stone, Principal, Northeast Elementary School, commending Sgts. Cooper
and Lansing, and Officer Day for the organization, promotion and administering
of the Bicycle Safety Contest at his school during the month of June, 1990.
-NYS DEC re project listing on the upcoming Federal Fiscal Year (FFY) 1991
Intended'Use Plan fo' the NYS Water Pollution Control Revolving Fund. Per
request of Engineer Rogers, they will combine the projects currently listed
for FFY 1991 and FFY 1994 into one project for FFY 1993.
- Reference to a copy of a letter from Walter Relihan to Attorney Sovocool
dated July 8, 1988, re agreement between the Village of Cayuga Heights and the
University for sewer hookups to the Research Park and payments made in 1965 ("
up to the present ") to be used to finance the enlargement of the sewage plant
to serve the Research Park. This raised questions as to how much the University
actually did pay and this will be researched.
Betty Matyas reported for the CHCA. She called attention to the display in
the Village Hall foyer of the history project done by two students at Cayuga
Heights School of the history of the school. She questioned whether the
Village's liability insurance will cover the Association's activities,
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MINUTES of Regular Meeting - 7/16/90
specifically, the Village Run scheduled for October 6, 1990. The Treasurer
stated he will investigate.
Fire Chief Miller presented his report for July which has been placed on file.
There was some discussion regarding the one bid submitted for the new fire
truck which had been reviewed by Trustee Wheeler of the Safety Committee and
the Village Attorney. The two other Trustees on this Committee were not
available to review it.
Moved by Trustee Pimentel, seconded by Trustee Wheeler:
RESOLUTION 4170 - AUTHORIZE PURCHASE OF NEW FIRE TRUCK
VOTED to purchase a Pierce Custom 75' Aeriel Quint, per proposal dated June
22, 1990, for the sum of $423,856 to be funded by a combination of budgeted
allocations, reserves, and borrowings. A portion of the cost will be recovered
from the Town of Ithaca through the Fire Protection Contract. The $423,856
includes $106,599 for the chassis and $94,288 for the aerial device.
Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler.voting yes.
The Treasurer apologized for not having financial reports available due to
a professional conflict and stated he will have them at the next meeting.
Acting Attorney Oesterle reported that the DEC now requires a formal ordinance
re industrial waste treatment and she advised that, before the Board considers
hiring a consultant, the ordinance be reviewed and thought given to what needs
to be included.
Trustees were given a copy of the draft resolution re Remington Road prepared
by the Attorney. She reported that litigation proceedings are going slowly
and upon the request of Trustee Wheeler, she will ask Attorney Goldberg to
provide her with copies of all documents concerning the lawsuits.
Sgt. Lansing presented the statistical report of the Police Dept. in the
absence of Police Chief Wall and this has been placed on file in the Village
Office.
Trustee Pimentel, in referencing the authorization given Chief Wall
(Resolution 416q) to purchase stop signs for installation at two intersections
as described in the minutes of June 18, requested that the Cayuga Heights
Road /Berkshire Road /N. Sunset Drive intersection be included, noting that this
intersection is more important than the one at Hanshaw /Cayuga Heights Roads.
The Mayor agreed to keep this in mind after a sixty -day study of the benefits
of having 3 -way stops at the other intersections has been reviewed.
Supt. of Public Works Rogers submitted his written report which is on file.
There was lengthy discussion concerning the huge amounts of brush put out for
collection twice monthly and the complaint by the Public Works Supt. that it
is not being put out "ready for the chipper." Trustee Camp asked if it would
be better to have three Fridays devoted to brush collection and one to bulky
trash. Mr. Rogers said he will consider it. The Mayor suggested the best
time for policy change is during the winter months.
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MINUTES of Regular Meeting - 7/16/90
It was recommended to the Public Works Supt. ',as a way of solving the problems
of yard refuse collection as described in his report, that he draw up a check
list on brightly colored, half- sheets to be left by pickup crews noting the
reason why refuse has not been picked up. There was no formal Board action
taken on this recommendation.
In connection with the request by the City of Ithaca's Board of Planning
and Development that the preliminary site plans for Project CC Parking Lot
Improvements south of Jessup Road (C.U.) be reviewed by the Village Board,
the Engineer is instructed to respond as follows: 1 /setback distances
met the minumum standards, 2 /there is no significant increase in the number of
parking spaces in the area, 3 /the Village Board suggests that more screening
be used such as appears on the other three sides, and 4 /at the time that A
Lot was approved there was an agreement that there would be no more parking
lots in the southeast part of the Village. Mayor Anderson said he will try
to see if Mr. Marcham recalls anything more specific than just gereral discus-
sion and agreement.
Engineer Rogers reminded the Board that, in order to qualify for CHIPS funds,
the Village must expend approximately $35,000 in capital construction in this
fiscal year. Suggested projects - culverts, complete sidewalk program. .
Motion by Trustee Camp, seconded by Trustee Pimentel:
RESOLUTION 417! - APPROVE REFUND TO FRANK HURTT
VOTED to approve a refund in the amount of $109.59 to Frank Hurtt for water
delinquent charge erroneously added to his tax bill. Unanimously passed. ,
Trustees Camp,Fleming, Pimentel, Weiss and Wheeler voting yes.
Motion by Trustee Pimentel, seconded by Trustee Fleming:
RESOLUTION 411-71 - SCHEDULE PUBLIC HEARING TO CONSIDER LOCAL LAW #3 OF 1990
VOTED to schedule a public hearing on August 20, 1990 at 7:20 p.m. to consider
adoption of proposed Local Law #3 of 1990 - Amendment to Article XIII Section
4. Fees and Expiration of Registrations. Eliminate bicycle registration fee.
Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Motion by Trustee Camp, seconded by Trustee Fleming:
RESOLUTION 4173•- APPROVE REFUND TO LAGRAND CHASE
VOTED to approve a refund in the amount of $22.44 to Lagrand Chase for over -
estimated water bill for the May 1989 quarter. Unanimously passed.
Trustees Camp, Fleming, Pimentel, Weiss and Wheeler voting yes.
Trustee Camp moved and Trustee Pimentel seconded to ad turn the eti
Adjournment 10:25 p.m. Anne Kroh of l v_