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HomeMy WebLinkAboutMinutes of Regular Meeting October 17, 2005.pdf Page 1 of 11 Minutes of Regular Meeting October 17, 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. Absent: Treasurer Silber, Working Supv. Quick Others Present: Masha Fontes, Rosie Shoemaker, Bryan Warren, James Warren, Frank Hanshaw, Nancy Hanshaw, Robert Burgdorf (Nixon Peabody for Verizon Wireless), Sandra Brooks (Verizon Wireless), Jim Woodward (FMHC Corp. for Cingular Wireless), Jacob Warner, GIANT Solutions for Verizon Wireless), Kelsey Mitchell, Emma Edmonson, Jeffrey Rusten, Anita Watkins, Don Campbell, Judy Virgilio, John Hopcroft, Judy Hopcroft. ****************************************************************** At 7:00 pm, The Trustees, convened as the Planning Board, opened the continuation of the Public Hearing on the request by Verizon Wireless to erect a telecommunications tower in a Commercial District at 186 ½ Pleasant Grove Road. Robert Burgdoff, Attorney for Verizon Wireless (VW) summarized information given at the September Board Meeting. The five main questions which were asked by the Board to be addressed at this meeting were answered. A copy of the letter sent by Attorney Burgdoff to the Planning Board is attached to these minutes. The public was then invited to speak. The following is the text of the questions posed by both the Public and Board of Trustees with the answers given. Anita Watkins – when viewing the picture of the new balloon test which was done on October 14, 2005, Ms. Watkins is again struck by the fact that the pictures are again taken when the trees are in full foliage. She is concerned about the view of the tower when the trees lose their leaves. At that time, the “enormous structure” will loom over the Village. Ms. Watkins then presented a picture of a cell tower in King Ferry. She is concerned about adding another cell company to the tower which is proposed and extending the height over 120 ft. Supt. Cross commented that height of the tower is up to the Village, not the cell company. Page 2 of 11 Atty. Burgdoff said that most municipalities want to see co-location. By co- locating, it prevents another company requesting to put up another tower. Sandra Brooks – there is enough space between VW and Cingular to put another provider. Some of the smaller providers can be put on the pole closer to the larger companies because of the frequency that they broadcast on. Jeff Rusten – will there be a blinking light on the top of the tower? Atty. Burgdoff – No, not at this location. The FAA has approved the tower height at this location as not needing any lights. Jeff Rusten – the area around the tower is quite shaded, but is not owned by Verizon. There is the possibility that whoever owns that land would improve it for building homes, etc. If this were to happen, the shade area would not exist any longer. Supt. Cross – that land is quite hilly. It is not likely that houses would be built there, although it is zoned residential. Don Campbell – spoke on the tree issue. If the trees around the Verizon property were to be cut down, the tower would be very visible. The residents of Lowell Place would be more comfortable if the Village hired an independent consultant to study the situation. Trustee Mount wanted to compliment VW on the wonderful photos that they took at this last balloon test. She remarked that the telephone poles stood out in the photos much more than the cell tower did. Atty. Burgdoff – the main problem that everyone has is with the esthetics. A monopole is the preferred design. John Hopcroft – presented the Board with photos that he took himself of the balloon test. At this time, Atty. Burgdoff again explained that Verizon is the landlord of the land where the cell tower will be put, and VW is a completely different entity. VW is under separate control…two entirely separate companies. VW can ask Verizon to keep any shade trees in place, but it is totally up to Verizon to make that decision. Masha Fontes – when the balloon test was being conducted, she walked along Hanshaw Road and the balloon was visible all the way up to Community Corners. There are rules about fences and signs in the Village. How can we preserve the nature of the Village by allowing a cell tower? Has there been any thought given to disguising the pole to look like a tree? Will there be any other benefit to the Village than improved communication? Atty. Tyler said that the building will be assessed, which will provide taxes to the Village. Atty. Burdgoff commented on the idea of having the pole disguised as a tree. A 120 ft “tree” with no other trees around it will be more visible than the pole will be. More “esthetically pleasing” would be a 120 ft. monopole (which is lower than usual) which is gray in color. John Hopcroft – is the height because of the internet connection? Page 3 of 11 Jacob Warner, R.F. Engineer with VW explained the technical issues with phone vs. data. Supt. Cross was asked to explain which part of Upland Road is not residential. There was discussion on the notification process. Anita Watkins – why is everyone ignoring the fact that the balloon test was done in the summer with the leaves on the trees instead of the winter with no leaves? What is the neighborhood going to look like after the tower is placed? We are setting a precedent. At this point, Atty. Burgdoff explained again to the audience that all options have been explored. When the leaves come off the trees, you will see more of the tower. But, where does that leave us? There will be some visual impact and that is the nature of the situation. VW has a need for a tower, and Cingular Wireless (CW) also has a need. This solution avoids having two towers in the area very near each other. Supt. Cross - no other piece of land in the commercial district is more heavily treed than the Verizon property. Don Campbell – this cell tower will serve people not only in Cayuga Heights, but also in the Town of Ithaca. We should be investigating other areas. Supt. Cross explained to the audience that Atty. Burgdoff already answered the question of other areas both at the September meeting. Atty. Burgdoff explained the reason behind the location again. At 7:55 P.M. the Public Hearing was adjourned to be continued on November 21 at 7:00 so that the Board could address the possibility of retaining an independent consultant. Atty. Burgdoff told the Board that he would like to move ahead as soon as possible and would be available to help move the process along in any way he could. Supt. Cross asked if the Board would define exactly what they would want the consultant to examine. Atty. Tyler said that the Board will need to discuss this, and confirmed with the applicant that they will provide the fee for the consultation. Supt. Cross advised the Board that they still needed to go through the SEQR long form, which would take approximately one hour. The Board thanked Atty. Burgdoff, Sandra Brook and Jacob Warner for their time. At 7:58, the Public Hearing was opened to consider Cingular Wireless’s application to co-locate their cell tower on the VW cell tower. Jim Woodward of FHMC, a consultant for Cingular Wireless, submitted an application to co-locate subject to site plan review based on the Village ordinance. A limited application was provided. Cingular proposes to co-locate on the pole at 100 ‘. Mr. Woodward distributed a letter explaining the difference between locating at 100 ft. vs. 80 ft. Cingular will provide its own support building on the Verizon compound. Mr. Hopcroft asked what area Cingular planned on covering as he felt that information was missing from the letter distributed. Mr. Woodward answered that Page 4 of 11 Cingular has done a site acquisition which followed VW. Jessup Road was brought up, and Mr. Woodward explained why that area was not an option, it would be a duplicate of other towers in the area. Trustee McClelland asked if the footprint coverage was the same as VW. Mr. Hopcroft answered yes. Masha Fontes commented that her cell phone works in the Village with no trouble. Why is that? Mr. Woodward answered that some of that is due to signal spillage from other sites in the area. Jacob Warner, VW’s RF Engineer then gave an explanation of 1X type technology in answer to Ms. Fontes’ question. Fire Supt. Tamborelle voiced his support on the placement of the proposed tower as it pertains to Public Safety due to the significance of cell phone service during an emergency. Police Chief Lansing echoed that support citing that cell phone service is crucial for safety in the Village as most of the students in the area use cell phones instead of landline phones. The Hearing was adjourned at 8:17 to be continued to the November 21 Board Meeting at 7:15 P.M. At 8:25, the Mayor opened the Public Hearing on the proposed increase of real property tax exemptions under the Alternative Veteran’s Program. Carl King spoke in support of the increase, explaining that when Tompkins County increased their exemptions this summer, the exemption in the Village of Cayuga Heights was the lowest. His proposal was to raise the limits to the basic maximum, which was what is being proposed in Local Law #1 of 2005. The Public Hearing was closed at 8:30 P.M. Mayor Lynn asked for a motion to amend LL #1 of 1984 as Local Law #1 of 2005 as follows: Motion by Trustee Antil Seconded by Trustee Mount Move to Pass Resolution 6159 amending LL #1 of 1984 as Local Law #1 of 2005: Local Law #1 of the Year 2005 amending Local Law No. 1 of the Year 1984 which granted increases in real property tax exemptions under the Alternative Veteran’s Program, pursuant to Chapter 525, Laws of 1984, State of New York, in order to increase the Basic War Veteran, Combat Zone Veteran Exemption and Disabled Veteran Exemption benefits as follows: 1) Basic War Veteran Exemption – 15% of assessed valued to a maximum of $12,000 (increased from $6,000) 2) Combat Zone Veteran Exemption – an additional 10% of assessed value, with a maximum of $20,000 (increased from $10,000) Page 5 of 11 3) Disabled Veterans Exemption – with a maximum of $40,000 (increased from $20,000). Trustees Antil, McNeil, McClelland, Mount and Staley voted YES. Trustee Collyer ABSTAINS. At 8:30, the Mayor opened the regular meeting of the Board of Trustees. The minutes of September 19 were discussed and a motion to approve the minutes was requested. Motion by Trustee McNeil Seconded by Trustee Antil Move to approve the minutes of September 19, 2005 with corrections as noted. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. **************************************************** Privilege of the Floor Jim Warren spoke on behalf of the Warren Financial project addressing the Trustees in their capacity as Planning Board. Mr. Warren distributed an amendment to the original plan as submitted at the September Board meeting. The main change was that the driveway onto N. Triphammer Road would not be installed immediately. At this time, Supt. Cross asked the Planning Board to complete the SEQR short form. The Planning Board worked through the various questions and concerns vis a vis this project as amended and modified to date and found no environmental thresholds of concern had been reached. A copy of this form will be attached to these minutes. Motion by Trustee Antil Seconded by Trustee McNeil Move to approve Resolution 6160 which gives the Planning Board its approval of a site plan for the new building at 828 Hanshaw Road. Whereas, the owner of the property at 828 Hanshaw Road (tax parcel 5-3- 19.1) has applied for a permit to demolish the existing building and construct a new building to be occupied by the Warren Real Estate business currently located at 830 Hanshaw Road, and Whereas the permit request for 830 Hanshaw Road has been withdrawn, there now being no site plan review needed because of no change in use, and Page 6 of 11 Whereas, the Village of Cayuga Heights Zoning Ordinance requires that such applications be considered by the Planning Board for Site Plan Review prior to Zoning Officer issuing a building permit, and Whereas, the Planning Board has conducted a public hearing to seek comments on potential impacts of the project on the neighbors and community, and Whereas, the Planning Board has reviewed the environmental impacts of the project as required by NYCRR 617.5, and Now Therefore, the Planning Board hereby makes the SEQRA determination that this project will have no adverse environmental impacts with the following conditions: No building permit will be issued until the owner submits the following information for approval: - engineering details and specifications of the exit – northbound only driveway onto N. Triphammer Road. - engineering calculations and details on stormwater management plans. - site lighting plan with photometric information. - landscaping plan with parking buffer details. - engineering details and specifications on widening of the existing driveway at 830 Hanshaw Road. The property owner shall have the option to construct the exit – northbound only driveway onto N. Triphammer Road now or in the future at the property owner’s discretion. Therefore, the Planning Board hereby approves the proposed Site Plan and authorizes the Zoning Officer to issue a building permit upon satisfaction of conditions listed above. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES **************************************************** Mayor’s Report - Trustee Mount, editor of The Courier, discussed what she has planned for the next issue. The deadline for articles is October 26. ************************************************************** Report of the Police Chief – Report was distributed and on file. Chief Lansing discussed the progress of the 911 Committee that he has been attending. He is frustrated that the County has rejected the request to buy for each municipal entity the necessary equipment, leaving it up to the individual municipalities to pick up approximately 50% of the cost. This is not what the 911 Committee advised. This strain on municipal budgets could lead to failure of the 911 System. Mayor Lynn asked if this was the time for the Trustees to get involved. Chief Lansing said yes. Page 7 of 11 Atty. Tyler asked if the Board wanted the Chief to ghost write a letter for the Mayor to sign. The Board agreed and the Chief will draft a letter. Chief Lansing reported that he and the Mayor have been in preliminary talks with The Village of Lansing to look at the fundamentals of having a joint police department. The Village of Cayuga Heights will lose nothing and the plan will cost the Village nothing. Chief Lansing has given Mayor Hartill (of the Village of Lansing) an order of magnitude of what it costs to run a police department and what it would cost for a joint venture. If Mayor Hartill wants to proceed, he will contact the Village. ************************************************************** Report of the Fire Superintendent – Report was distributed and on file. Fire Supt. Tamborelle commented on the hydrant testing which was completed in the Village over the past few weeks. It has been the first time the hydrants have been tested since 1988. The Chief will give a complete report at the November meeting. There are three vacant positions in the Fire Dept., one Assistant Chief position and two lieutenant positions. Steve Phillips, our 2nd Assistant Chief left Ithaca to join the L.A. Fire Dept. The other two lieutenant positions are open due to those individuals moving out of the area. Supt. Tamborelle distributed copies of resumes of the two individuals who were voted in as Lieutenants at the Fire Company meeting and approved by the Fire Council. He asked for a resolution approving the appointments of these two individuals. Motion by Trustee Collyer Seconded by Trustee Mount Move to pass Resolution 6161 that the following individuals, duly elected by the Fire Company of the Village of Cayuga Heights and ratified by the Fire Council of the Cayuga Heights Fire Department, be appointed to the positions of 283 (Third Lieutenant) and 284 (Fourth Lieutenant) by the Board of Trustees of the Village of Cayuga Heights. These positions had been left vacant by the recent departure of those individuals filling the positions. These individuals meet all the requirements set down by the Fire Council of the Cayuga Heights Fire Department for the positions to which they have been elected. Lieutenant Matthew Abbinati (283) Lieutenant Scott Martling (284) Trustees Antil, Collyer, McClelland, Mount and Staley voted YES. Trustee McNeil ABSTAINS. Page 8 of 11 Trustee McClelland asked the Chief to submit a proposed hydrant inspection schedule for the Village of Cayuga Heights with Bolton Point. The Chief will put a proposal together for the Board. ***************************************************************** Report of Working Supervisor – Supv. Quick was absent, however his report was distributed to the Trustees and is on file. ***************************************************************** Report of the Supt. of Public Works – Supt. Cross commended the Trustees acting as the Planning Board for all their hard work in settling the Warren Real Estate Site Plan proposal, along with the work currently being done on the cell tower proposals. Trustee Mount commented that she is happy that there is not going to be a drive-thru bank and that Mr. Warren is deferring for the time being putting in the additional driveway on N. Triphammer Road (exit only, North bound). Supt. Cross then brought up a request which was discussed and tabled at the March 21, 2005 Board Meeting by Danyel Logevall of 312 Cayuga Heights Road. Ms. Logevall had asked the Board to refund the zoning/building permit fee that was obtained for a proposed project at 312 Cayuga Heights Road. The project was then cancelled by Ms. Logevall. After receiving the bids, the Logevall’s decided that they could not afford the cost of the project. Supt. Cross proposed to refund all but $100 of the cost of the $500 building permit fee, as he did perform some work on the permit before the project was cancelled. The $100 cost of the zoning permit was non-refundable. Motion by Trustee McNeil Seconded by Trustee Antil Move to instruct the Village Clerk to issue a check in the amount of $400 of the $500 building permit issued to Danyel Logevall of 312 Cayuga Heights Road for a project that has been abandoned. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. Supt. Cross reported that Jack Rogers was inquiring again if we would be proceeding with his request from the March 21, 2005 Board Meeting for an official survey and pin replacement on his property on Remington Road. Supt. Cross suggested that the legal survey be done, as he received quotes for this work Page 9 of 11 to be completed at a cost of approximately $1500, from TG Miller P.E., the firm which did the original mapping. Motion by Trustee McNeil Seconded by Trustee Collyer Move to authorize the Village Engineer to have a legal survey be done and have pins be set on Jack Rogers’ property on Remington Road. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. The County Highway project for upgrading Hanshaw Road was discussed. The County held a public information session to explain the project and gain input from the residents of the area. There was a debate on whether to install sidewalks through the town of Ithaca from the village line to Sapsucker Woods Road. The County will be addressing this issue with the Village in November. The question which the Village has is what will happen to the proposed sidewalk on Hanshaw Road where it ends at the Village line. Supt. Cross was asked to be involved in that discussion, and will obtain more information on this project before any decision is made. Trustee Collyer had attended the public information session and reported that the County’s plans are to install a sidewalk on the north side of Hanshaw Road, along with a bicycle path. The County received money for this project, and the Town put up $100,000. The County is applying money received from NYSDOT/FHWA to the project, with nothing allocated for the area in the Village from the town line down to the gas station. That part of the plan will be proposed to the Village in November. Mayor Lynn has discussed this with Ithaca Town Supervisor Cathy Valentino, who recognizes that the Village wasn’t included in the planning of this project. She said that the Town would be prepared to contribute financially, but she is not sure at this time if the project is going to happen. More to follow on this subject at the November meeting. ***************************************************************** Report of the Treasurer – Treasurer Silber was absent from this meeting but his report was distributed and is on file. Treasurer Silber asked in his report for authorization to engage the auditors to perform their yearly audit of the Village books. Motion by Trustee Antil Seconded by Trustee McNeil Move to pass Resolution 6162 authorizing the Treasurer to engage Ciaschi, Dietershagen, Little and Mickelson for audit and related services at a cost estimated at $10,000. Page 10 of 11 Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. The Transfers were listed as follows, and the Board was asked to approve them. From: To: Amount A01440.410 SPW Contr Exp A03620.400 Code Enf Contr Exp 200 A08160.410 Refuse Contr Exp A08160.490 Refuse Eqpt. Maint 1230 F01990.400 Water Contr Exp A08350.200 Water Syst. Contr. Exp 320 Motion by Trustee Collyer Seconded by Trustee Antil Move to pass Resolution 6163 approving transfers dated 10/17/05 as listed above. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. The Abstract of Vouchers was distributed and an approval was sought from the Board. Motion by Trustee Antil Seconded by Trustee Collyer Move to pass Resolution 6164 approving the Abstract of Audited Vouchers dated 10/17/05 in the amount of $269,749.13, and instruct that the Treasurer make payments thereon. Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES. ************************************************************************ Report of the Attorney – Attorney Tyler reported that there was no formal subdivision application pending in the Village of Lansing on the Wilkinson matter, as previously thought. Another settlement conference on the matter is scheduled for the end of October with Judge Yesawich in Cortland to include all parties to the appeal litigation. Atty. Tyler asked who maintains un-opened streets. He was referring to Brook Lane. Supt. Cross said that Brook Lane is just a paper street. ************************************************************************ Clerk’s Report - Clerk Manning reported that Deputy Clerk Lynn Kessler resigned from her position effective October 20, 2005. The Clerk is advertising for the position and will begin interviews soon. ************************************************************************ Page 11 of 11 Motion by Trustee Mount Seconded by Trustee McNeil Move to enter Executive Session at 10:10 P.M. to discuss personnel issues. Trustees Antil, Collyer, Mount, McClelland McNeil, and Staley, voted YES. Motion by Trustee Antil Seconded by Trustee Collyer Motion to close Executive Session at 10:40 P.M. Trustees Antil, Collyer, Mount, McClelland, McNeil, and Staley, voted YES. Motion by Trustee Antil Motion to adjourn at 10:41 P.M. Trustees Antil, Collyer, Mount, McClelland, McNeil, and Staley, voted YES. Respectfully submitted, Norma R. Manning, Clerk