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HomeMy WebLinkAboutMinutes of Planning Brd and Regular Meeting December 19, 2005 Version 3.pdf 1 Minutes of Planning Board December 19, 2005 Village of Cayuga Heights Planning Board Present: Mayor Lynn, Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley, Atty. Tyler, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Clerk Manning, Treasurer Silber, Michelle Poppensiek. Absent: Supervisor Quick Others Present: Sandra Brooks, Attorney Robert Burgdoff, Jacob Warner, all representing Verizon Wireless, Jim Woodward, FMC, representing Cingular Wireless, William Johnson, Consultant, Judy Virgilio, Judy Hopcroft, Sally Taylor, Wies Van Leuken, Carolyn and Jeff Rusten, Lisken Cordes, Don Campbell, Anita Watkins, Ted Hullar, Jack Rogers. At 7:00 pm Mayor Lynn opened the continuation of the Public Hearing on the request by Verizon Wireless to erect a telecommunications tower in the Commercial District at 186 ½ Pleasant Grove Road. Mayor Lynn introduced Mr. William Johnson, Consultant, who prepared a report on the Verizon Wireless and Cingular proposals on behalf of the Village. Attorney Burgdoff, Counsel for VW, gave an overview of the matters that had been covered over the past 2 months at the Public Hearings. The Planning Board requested that an independent RF Engineer prepare a report, and VW had welcomed that idea at a prior meeting. Mr. Johnson then presented an overview of his written report to the Board. Copy of report attached to these minutes. He gave a verbal summary of his work and background and the essence of his findings on the Verizon application. Questions to Mr. Johnson and Verizon Wireless representatives: Atty: Tyler – how does the analysis relate to the co-location issue? Mr. Johnson has not seen Cingular’s issues, but feels Cingular’s gaps are not the same as VW’s. Atty Burgdoff states that upon review, the report presented by Mr. Johnson confirms what VW told the Board about the height of the tower. All information Mr. Johnson reviewed checks out with what VW told the Board, which brings everything back to the original site. Anita Watkins questioned other sites. Response was that the cemetery site was ruled out because the cemetery cannot be used for non-cemetery use. Referring to the water tank on Sheldon Road, the pole would need to go on the top of the water tank. The Village Code would be violated if the pole went on the ground. Mayor Lynn added that part of the pine trees around the water tank would have to be removed, which would make the tower more visible. 2 Jeff Rusten asked how many trees need to be removed from the current proposed site. The answer was none. Atty. Burgdoff commented that another issue with placing a pole on top of the water tank was that it would be more visible because of the height from Pleasant Grove Lane. Jeff Rusten said that the height of the tower should be decided at the beginning of construction so it would be extendable to have only one tower to work for all carriers, so some other carrier won’t put another tower up. Typically VW and Cingular need to be the highest. Trustee Staley stated that if someone else came in, there may not have to be more towers for their required heights. That is why co-locations are used. Mayor Lynn stated that if the Board approves the project, there has to be a building permit issued. Jim Woodward, at this time, said that others could petition to co-locate on the tower; however, Cingular’s height is set at 100 ft. Atty. Burgdoff said that two of the three major wireless telephone providers would be on the site. Anita Watkins wanted to discuss the meaning of former residents who “pushed back” on the tower location at the water tank. Mayor Lynn answered that the current zoning law states that the current site is commercial and the water tank is not. Anita Watkins again said that the tower will be an ugly site to the residents. Supt. Cross, acting as the Zoning Officer, reminded the Board of the task at hand. The Board is hearing a lot of opinions, but the fact is that the applicant has a right to have the Board act on their application. If the application is not against the Village’s zoning ordinances, opinions do not count. The Board and needs to have a substantial reason to disapprove the application. The point remains that there is not another site in the Village for the tower. Ted Hullar disputes the Village Zoning Officer’s statement. Mr. Hullar then recites what Supt. Cross just said. Mr. Hullar said that the Board has a responsibility to keep the character of the Village. The Board can say no. What can this Village expect as to additions of height and other sites? He thinks we should say no. It is not our job to find other sites. Mr. Hullar then cites “Cumulative Impact” Atty. Burgdoff asked why another site needs to be shown. The telephone company does not have to find other sites. They have to be allowed to come into a site as long as they do so according to the Village ordinance. Cell towers have become part of the character of the new infrastructure. Supt. Cross said that the water tower is a necessary public utility. Atty. Tyler asked what the rough cost of the facility is. Sandra Brooks answered one million plus. Tyler – what is the term? Brooks – 25 years. Tyler – Would you live with less than 25 years? You have before. Brooks – No. The tower will be removed when it is no longer used. Tyler to Johnson – any expertise to provide to bond? Johnson – No, but would refer someone. Atty. Burgdoff would provide a P.E. Anita Watkins – still concerned with the esthetic values of the neighborhood. Atty. Burgdoff – Towers need to be seen in order to work. 3 It is Z.O. Cross’ job to advise the Board. The application is in front of you. The public can express their opinions, but unless another site is preferable, we need to make a decision on this application. No preferable location has been offered. Jeff Rusten wanted to get back to the DPW site. Concerned about the phrase “push back from the neighbors” Mr. Cross, as Supt. of Public Works, said that nothing official was accepted by the Village on any other sites. The DPW project sites were rejected immediately, which left only one site because any other site thought of had to compensate the owners. Zoning at the DPW site was not appropriate. Don Campbell – there was discussion early on about alternatives. It was clear that they had all been looked at. Ted Hullar – “Character and Planning and Cumulative Impact.”. Atty. Burgdoff reiterated that the Board has been given the broad picture. Z.O. Cross – the Village chose to address the cell tower issue pro-actively by enacting a local law. This had all been done. There was not an arbitrary decision to restrict cellular towers in the commercial district. Hullar asks if there will be only one tower. Atty. Tyler cited legislation on the Telecommunications Act of 1996. Trustee Mount wanted to respond to the comments she had heard. She thinks that the foremost question should be “what is good for the Village as a whole?” The cell phone reception in the Village as a whole should be first and foremost, not the look of everyone’s property. She urged residents to look at the big picture. Mayor Lynn then described the process which would be followed. The public hearing would be closed and the law says that the Board has 62 days in which to make a decision. Any advice that anyone in the Village wants to give, write the Mayor or the Trustees. The SEQR long form is the next step to be done by the Trustees. This will be done at another meeting, perhaps a special meeting. This will be determined later. Atty. Burgdoff – any further questions by the Board? The Mayor would like Atty. Burgdoff to send him any additional information he thinks the Board needs to make their decision. Motion by Trustee Antil Move to close Public Hearing on Verizon Wireless Cell Tower at 8:15 P.M. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. At 8:15 P.M. the Planning Board continued the Public Hearing for consideration of the application for Cingular Wireless to co-locate on the Verizon Wireless tower convened. Consultant Bill Johnson commented that he had not yet seen the technical information from Cingular. Jim Woodward of FMC, representing Cingular Wireless commented that the proposed location is very vital to Cingular Wireless. Regarding the DPW site talked about in the VW hearing, Cingular had a lengthy discussion with Police Chief Lansing and the water department (Bolton Point). Setting a tower behind the salt barn would require a substantial foundation due to the nature of the land. Also, a large water main runs behind the salt barn, which would need to be moved. The area north of the salt barn was discounted because of a proposed 3 bay garage for the police cars. The water tower itself could hold the Cingular tower, but no one else’s tower. Supt. Cross then informed Cingular of VW’s proposed tower, and Cingular decided to apply for co-location at 100 ft. on VW’s tower. 4 Attorney Tyler asked about the project cost. The cost of the construction of and antenna and the structure would be around $50,000 - $75,000. The terms of arrangement would be the same format as VW. As long as the tower is in use, it will remain at the site. Supt. Cross asked about Cingular bearing some of the cost of the consultant because we have asked Mr. Johnson to render answers on the Cingular location. Sandra Brooks will ask Cingular to discuss the money situation. Supt. Cross then stated that a short form SEQR will need to be done on the Cingular application. Motion by Trustee Antil Seconded by Trustee Mount Move to close Public Hearing at 8:37 P.M. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. 5 Minutes of the Board of Trustees December 19, 2005 Village of Cayuga Heights Board of Trustees Present: Mayor Lynn, Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley, Atty. Tyler, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Clerk Manning, Treasurer Silber, Michelle Poppensiek. Absent: Supervisor Quick ******************************************************** The meeting of the Board of Trustees was opened at 8:38 P.M. The minutes of November 21 were discussed, with modifications suggested. Motion by Trustee Mount Seconded by Trustee Antil Move approve the minutes of November 21, 2005 as modified. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. At this time, Supt. Cross asked that Jack Rogers be heard by the Planning Board regarding his request to subdivide 139 Remington Road, Tax Map No. 8.-1-16 into two separate building lots. Both lots meet the minimum lot size of 125’ average width x 150’ average depth as required by Zoning Ordinance Section 7.a. Motion by Trustee Antil Seconded by Trustee Mount Move to pass Resolution 6170 authorizing the Planning Board to approve application by John Rogers to subdivide Lot 8.-1-16 into two building lots. Whereas tax parcel 7.-2-10 is currently a vacant lot and John Rogers (owner) has made an application to subdivide it into two separate building lots, and Whereas the proposed action is a minor subdivision as defined by Local Law #2 of 1992, Section 111.2, which does not require a public hearing as per Section 111.3.c, and Whereas the zoning Officer has verified that both of the proposed lots will be in compliance with the Zoning Ordinance, and Whereas the Village Engineer has recommended that the Village retain all legal authority to the sewer easement on both lots, and 6 Whereas the proposal is a Type II Action as defined by NYCRR 617.5, which does not require review of environmental impacts under SEQRA, and now Therefore, the Village of Cayuga Heights Planning Board determines that this proposal is not subject to SEQRA review, and Therefore the Village of Cayuga Heights Planning Board hereby approves the subdivision of tax parcel 7.-2-10 into two building lots, with the condition that the owner prepares a deed description for the new lot with the necessary sewer easement language. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. *********************************************************************************** Report of the Mayor Mayor Lynn introduced Wies van Leuken, our representative to the Pegasus Access Oversight Committee and proposed that the Village of Cayuga Heights approve the resolution to create PEGASYS fees for users from non-participating municipalities. This resolution was already passed by the Town of Ithaca, and the City of Ithaca. Motion by Trustee McClelland Seconded by Trustee Antil Move to pass Resolution 6171 to Create PEGASYS Fees for Users from Non- participating Municipalities. Whereas, the public access studio in Tompkins County, New York is funded by the City of Ithaca, the Town of Ithaca, and the Village of Cayuga Heights, henceforth known as the Participating Municipalities, and Whereas, the Franchise Agreement between the City of Ithaca and Time Warner Entertainment - Advance/Newhouse Partnership dated January 2003 contains the following language: "A usage fee for each separate use of access equipment and/or facilities shall be assessed to access users who do not reside in Participating Municipalities in Tompkins County. Such fees shall be established by the Participating Municipalities.", and Whereas, the Access Oversight Committee (AOC), which includes representatives from all three Participating Municipalities, proposed the creation of a usage fee, and Whereas, in the absence of a usage fee set by the participating municipalities, as of January 1, 2006 Time Warner will no longer allow users from non-participating municipalities to make use of the public access studio, now therefore be it 7 RESOLVED, that the Trustees of the Village of Cayuga Heights adopts the following usage fee schedule for users of the public access studio who do not reside in a Participating Municipality: Initial Fee when first receiving training Individuals: $30 (includes 6-month membership) Organizations: $100 (includes training and 6-month membership for up to 4 users) The initial fee will only be charged to new users; current users will pay the ongoing fee: Ongoing membership fee Individuals: $20 every 6 months Organizations: $50 every 6 months (for up to 4 users). Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Mayor Lynn then addressed the Board regarding the desire of the Space Committee to investigate the Fire Station in finding a viable solution to the Village’s space/handicap accessibility problem. The Mayor asked the Board to authorize him to sign the contract with QPK Design Architecture as described. Motion by Trustee Mount Seconded by Trustee Antil Move to pass Resolution 6172 Authorizing the Mayor to sign a contract with QPK Design to assess the feasibility of relocating some or all of the services now within the Village Hall to the Fire Station Complex and suggest a conceptual layout as a basis for a schematic design phase at a cost NTE $10,700. QPK to submit a completed report to the Village by March 3, 2006. Before the vote was taken, there was discussion on the pros and cons of this idea. A vote was then taken. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Mayor Lynn then reported on the meeting on Shared Services chaired by City of Ithaca Mayor Petersen and Ithaca Town Supervisor Cathy Valentino held at the Town of Ithaca Hall. The Mayor presented a history of this idea, reading from papers from Mayor Marcham discussing this idea in the Village in the 1950’s. More on this subject will be discussed in the future. Mayor Lynn then gave a brief discussion on the Consent Decree issued to the Village by the New York State Department of Environmental Conservation. The Mayor and Supt. Cross met with NYSDEC in Syracuse, and will ask to have the penalty reduced. There was discussion on the history of previous consent order on the Trickling Filter Project. There will also be more to come on this subject. 8 The Mayor would like the Public Safety Committee to review Article X of Local Law – Hawkers, Peddlers and Solicitors for revisions. ************************************************************************************ Report of the Police Chief – Chief Lansing presented his report which is on file. The proposed venture with the Village of Lansing discussed at a previous Board Meeting is not of interest to Lansing at this time. Chief Lansing discussed some ongoing problems with a Crossing Guard position which has become vacant. The Chief would like to fill this position with two individuals, one for the morning spot and one for the afternoon spot. Tompkins County Personnel has been contacted by the Clerk and has verified that this concept works with the number of Crossing Guard spots currently available in the Village. Chief Lansing reported that he has hired a part-time police clerk to replace Julia Ferris who left last year. The Chief asked for a resolution from the Board approving the hiring of Kathleen Trinkle for this position. Motion by Trustee Antil Seconded by Trustee McClelland Move to appoint Kathleen Trinkle as part-time police clerk effective December 16, 2005. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Chief Lansing reported on the birth of Allison Lee Manning, daughter of Officer James Manning on December 8. Both mother and daughter (and dad) are doing great. ************************************************************************************ Report of the Fire Superintendent – Fire Supt. Tamborelle presented his report which is on file. Supt. Tamborelle informed the Board that he would like to replace Truck 241 – the EMS vehicle. He is putting information together on a replacement truck and will present it to the Public Safety Committee for their review. Supt. Tamborelle would like to use the Hanselmann donation money of approximately $14,000/year [paid quarterly beginning in January of 2006] to purchase the vehicle. The Mayor reported on his conversation with Chief Tamborelle about the use of fire station facilities for emergency personnel to use during any emergency work in the Village outside of regular hours. ************************************************************************************ Supervisor of Public Works Ed Quick was excused from attending the Board meeting. His report was distributed and is on file. Supt. Cross wanted to report that the Village has 9 received positive feedback form residents regarding Hanshaw road paving. In addition, the DPW crew has been working on some projects which have had very successful results. There were then come comments on the notice citing the availability of mulch in the Village. ************************************************************************************ Supv. Public Works Report. Supt. Cross reported on the Phosphorous Treatment Project. Stearns and Wheler has provided us with a report and have recommended one of two projects. Our operator at the plant wants us to focus on project 2. There will need to be more research done. The cost is virtually the same with the two systems. The water main extension on Cayuga Heights road to Hillside Drive has been completed. The Village will plan on repaving in the Spring. Regarding the hydrants, Supt. Cross has had two meetings with TG Miller Engineers. Some of the trouble spots have been narrowed down. Some field testing will be done. Supt. Cross has asked for cost implementation for next budget year (06-07). The question was raised as to what the plan was if there was a major fire in the Village, since the hydrants are not working at 100% capacity. Trustee McNeil explained that Supt. Tamborelle has put the Town of Lansing Fire Department on notice for mutual aid, should that be necessary. ************************************************************************************ Report of the Treasurer – Treasurer Silber presented his report which is on file. Board packets for preliminary work for the 2006-07 budget will be distributed in January. Treasurer Silber presented transfers listed below and asked the Board for approval. Motion by Trustee Antil Seconded by Trustee Collyer Move to pass Resolution 6173 to approve the transfers and appropriation dated 12/19/05 as listed below: Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. The Treasurer distributed copies of the Abstract of Vouchers and asked for the Board’s approval. 10 Motion by Trustee Antil Seconded by Trustee McNeil Move to pass Resolution 6174 to approve the Abstract of Vouchers dated 12/19/2005 in the amount of $116,186.62, and instruct that the Treasurer make payments thereon. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. ************************************************************************************ The Attorney had no report. ************************************************************************************ Clerk’s Report. The Clerk reminded the Board that the January and February Board meetings will be held on the Tuesday following the 3rd Monday of both months, and will be held at the Fire Station. Clerk Manning wished to thank Michelle Poppensiek for her time and hard work spent filling in for the Deputy Clerk since the middle of October. Michelle will continue in the Clerk’s office working with the Records Retention project for until the Spring. Clerk Manning also noted that the new Deputy Clerk, Mary Jane Neff, would be starting in the Village on January 3. Mayor Lynn wished to bring to the Board’s attention that 3 Trustees are up for re-election in the March elections. Obtaining signatures on nominating petitions will begin in January. Also, between now and March, the Mayor and Justice’s salary will need to be reviewed. Motion by Trustee Antil Seconded by Trustee Mount Move enter into Executive Session at 10:25 pm to discuss a personnel matter. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Motion by Trustee Antil Seconded by Trustee Mount Move out of Executive Session at 10:39. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Motion by Trustee Antil Move to close the meeting at 10:40 pm.. Trustees Antil, Collyer, McClelland, McNeil, Mount, Staley VOTED Yes. Respectfully submitted, Norma R. Manning