HomeMy WebLinkAboutMinutes of September 19 2005.pdf
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Minutes of Regular Meeting
September 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,
Treasurer Silber, Clerk Manning.
Others Present: Judy and John Hopcroft, Robert Burgdorf (Attorney for
Verizon Wireless), Sandra Brooks of Verizon Wireless, James Woodruff, FMHC
Corp. Consultant working with Cingular Wireless, Peter Sarkus, Don Campbell,
Anita Watkins, Frank Hanshaw, Nancy Boodley-Hanshaw, Jim Woodword, Roger
Segelten, Judy Virgilio, Verna Brummett, Portia S., Ted Hullar.
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At 7:00 pm, The Trustees, convened as the Planning Board, opened 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 August
Board Meeting. The three issues raised by the Board in August were addressed. A
packet was distributed to the Trustees explaining the answers to the issues, which
are summarized below:
1. The Board asked for additional propagation information showing that the
requested 120 foot height was the minimum height necessary to provide
service. Exhibit M was distributed which was the propagation study
showing what the coverage footprint would look like at 100 feet (versus the
120 feet proposed). Also included in Exhibit M was another copy of the
propagation at 120 feet for the Board’s convenience for comparison
purposes. The primary coverage deficiencies resulting from a decrease in
the proposed 120’ height are visible on the plots to the northeast, east and
southwest of the proposed site. As the antenna centerline goes down to
100’, the coverage footprint shrinks, leaving coverage holes and reducing
call capacity to unacceptable levels.
2. Cingular Wireless has approached the Village and indicated that it, too,
needed an antenna facility in the area. As the Village encourages co-
location, it wanted to ensure that VW’s proposed monopole would work for
Cingular as well. The Board asked VW to confirm whether Cingular would
be able to use the proposed tower. VW has contacted Cingular and spoke
with Jim Finegan, who is responsible for Cingular’s Cayuga Heights project.
He confirmed that the proposed facility would work for Cingular at an
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antenna height of 100’. VW would make this height on the monopole
available for Cingular.
3. Photo simulations were included with the original submission from view
points surrounding the tower. However, the Board asked for an additional
photo simulation from a particular residential area, along Pleasant Grove
Lane. On Sept. 6, 2005, VW’s engineers flew another test balloon at the
proposed height and at the proposed location of the facility, and prepared
photo simulations showing what the monopole would look like from
Pleasant Grove Lane. The photo simulations were distributed as Exhibit N.
The County Planning Dept. reviewed the plans and advised VW to be mindful of
adjacent apartments. VW will enclose the area with fencing and greenery.
The following is the text of the questions posed by both the Public and Board of
Trustees with the answers given.
Trustee McClelland – questioned the way the pictures were taken.
Trustee Mount – what other types of services could go with the tower?
Atty. Burgdoff – all sorts of things could also go on the tower, all of which would
have to go through the Board and VW for compatibility.
Atty. Tyler – what was the nature of agreements with Cingular?
Atty. Burgdoff – they have made a formal request with VW.
Jim Woodward - (FMHC Corp. consultant working with Cingular) – Engineers at
Cingular have confirmed that they could go on the tower at 100 ft. An application
will be submitted to VCH later in the week to co-locate.
Ms. Brooks of VW – the tower will be designed to extend if needed.
Atty. Tyler – does VW have any issues with VCH looking at Cingular’s application
to co-locate when reviewing the VW application?
Burgdoff – No
Ted Hullar (Spoke on behalf of neighbors on Lowell Place) – distributed
“Concerns of Lowell Place Residents” (copy attached to these minutes).
Don Campbell – concerns of the “incomplete” application by VW. Addendums
of the application have not been seen by residents – there are issues of height, i.e.
no actual justification of height in original application. Residents should have been
informed about the balloon test so they could have viewed the balloon. Concern
about summer balloon test (leaves on trees) vs. winter balloon test (trees bare).
No justification given for different locations. Inadequate notice was given to
residents.
Ted Hullar – Lowell Place is closest to the location. In sighting a tower such as
this, the height is definitely an issue as it would be the first in the neighborhood.
Why were all other sights eliminated? There are 3 malls, St. Catherine’s Church,
CH Fire Station.
Judy Vergilio – Thought there should have been notification to residences within
500 ft.
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Supt. Cross – Local Law #3 of 1998 passed to consider towers limits the location
of any towers to a commercial zone district. The ordinance passed (as required by
NYS Law) says that the municipality cannot tell VW that they cannot come into
the Village.
Don Campbell – tower is 60 ft. form residential zone area.
Anita Watkins – re-emphasized flying balloon in summer instead of winter.
Peter Sarkus – has the site been specifically selected for financial reasons, i.e.
Verizon property?
John Hopcroft – question to Cingular… what other sites were they looking at?
Woodruff – Cingular wanted to locate at tower at the DPW area on Sheldon Road,
which is a residential area.
S. Brooks – VW also officially looked at the Sheldon Road location.
Burgdoff – other sites were considered. Explained WHY other sites wouldn’t give
the coverage needed. Explained concept of and factors determining cell tower
placement. The tower is considered a public utility, the height of the tower is
necessary for coverage; location is near a cemetery, even if it is near a residential
area.
S. Brooks – replied to question about whether the Verizon site was chosen for
financial reasons. It is easier to get a lease on anyone else’s land. Verizon (a
different business entity) is difficult to work with. There was no financial
incentive. VW needs to pay Verizon fair market rent. St. Catherine’s is in a
residential area. There is no other site in VCH that would work. No other towers
in VCH. Throughout the state, there are many towers in residential areas.
Anta Watkins – explain the differences in 80 vs. 120 ft. tower.
Woodruff (Cingular) – if VW built at 100 ft, Cingular would have to go in at 80 ft.
That would not work for them. Then, they would have to look for another site for
their tower in VCH.
Jeff Rusten – concern of lack of public notification when balloon was flown. Can
there be another test? What kind of landscaping will be done?
Supt. Cross – the landscaping was recommended by the County Planning Board as
a method to provide visual screening of the base of the tower.
Sarkus – how far in any direction from where the tower is planned can it go and
still work?
Brooks – a few feet, but that is limited by Verizon because it is their property.
Question on citing at the First Congregational Church in the Village. VW does
not look at sights if the landlords are not interested. Also, that is a residential area.
Why not the Fire Station? There is not enough land to put in a pad for the tower
– too small a footprint. A tower there would also bring it more into the center of
the Village.
Hullar – recognizes the Chair’s need to terminate the hearing; however, he is
struck by the perversity of VW as the previous sites have been established. We are
stuck. The Village is not in a comfortable position. More discussion is needed.
Burgdoff reiterated the need for the location to be where it is in order to get the
coverage needed.
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Question on the premise of a circular region for the signal.
Discussion on the map question of why you can still get coverage in the “white”
(no VW service) area of the map. There needs to be more discussion for location.
Burgdoff reiterated the need for the location to be where it is in order to get the
coverage needed.
Convey map question – you’re not getting a dominant service in the white area.
At 8:10 PM, the Public Hearing was continued and adjourned to the October
meeting. Burgdoff asked for a list of items to address at the next meeting.
S. Brooks – Does another balloon test need to be conducted? When? If it needs
to be done before the October meeting, will the leaves be off the trees enough by
then to satisfy the request of the public? Will there be time for documentation
before the next meeting? VW cannot specifically set up ONE day as the weather
may not cooperate; however, they can try for one day and if there is a weather
problem, they will go to the next day, etc. Can they be advertised?
Supt. Cross – There is no requirement to advertise for another balloon test, only to
advertise for the meeting. The reason for another balloon flying is not to
document it with more pictures, but to let the public see it flying.
At 8:12, the continuation of the Public Hearing for the Warren Financial Center
was opened by the Planning Board Chair. Jim Warren distributed new drawings
with revisions from prior drawings noted: changed N. Triphammer exit to right
turn only, and more green space in the back eliminating some parking spots.
Vera Brummet continues to be concerned about placing a driveway on N.
Triphammer Rd. fewer than 50 paces from the stop sign.
Jim Warren answered that there is already an existing driveway less than 50 paces
that is in a worse setting.
Ron Bors said that the possible solution of a one way only driveway does not solve
the problem; people will only go to Texas Lane or Evergreen Lane and turn
around.
Jim Warren said people who are going south would not go out the right turn only
exit; they would go through the other driveway that allows them to turn left.
Trustee McNeil asked if there would be any physical limitations put on the right
turn only. She doesn’t think it is enough to just put up a sign.
Ted Hullar said that no one knows how to solve the Community Corners traffic
situation…how can the Board even contemplate this additional driveway? Has an
independent traffic analyst looked at this driveway placement?
Jim Warren suggested that there should be a traffic analyst hired to look at the
situation.
Mayor Lynn discussed the background of the property. Former Mayor Ron
Anderson and former Supt. of Public Works Jack Rogers said that it was their
memory that there would be no access to N. Triphammer Rd. when the property
was subdivided. Now that the properties are being developed jointly, Warren
wants to use two exits. Warren shouldn’t be able to do that.
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Atty. Tyler asked about the new real estate office location and the anticipated
growth. How much traffic will Warren generate in the new building?
Jim Warren maintains that the number that they have now will only be increased
by a few more people. He has no intention of going much over 40 employees. He
is currently at 39. The traffic generated by the present Warren will be the same as
now. The banking idea for the present building is ready to go but another
principal tenant has come along. Has every problem been addressed?
Ron Bors is concerned about the run-off from the increased parking lot.
Supt. Cross pointed out that the Village does not have an ordinance to specifically
provide for that, but advises the Village to put conditions on storm water
engineering.
Trustee McClelland asked if it wouldn’t make more sense to have people loop
around the back and come out the present exit.
Trustee McNeil said that the present driveway is bad enough.
Supt. Cross – from the Village’s perspective, why would we want to put more
traffic into the intersection?
The Board asked Chief Lansing for his thoughts. The Chief said that he had
looked at the plans and he agrees that we don’t want more traffic through the
intersection. The right hand turn makes sense. There are enough sites for people
pulling out of the driveway to the north.
Atty. Tyler asked if any safety would be gained by moving the exit closer to the
path.
Chief Lansing said no, but would encourage the exit to be built so that it is very
difficult to do anything but turn right.
Linda Bors said that she appreciated the Mayor talking to Jack Rogers and Ron
Anderson. Everybody who came to those meetings long ago felt that they were
being heard about NEVER have an exit onto N. Triphammer Road again. Drivers
exiting onto N. Triphammer will look left into the traffic stream, not right to see
pedestrians exiting from the path.
Trustee Mount commented that other roads are not being discussed. What would
Warren do if no exit was allowed?
Jim Warren said that the idea would be scrapped and the other building would be
left open for some other tenant.
Trustees Staley and Mount both asked if the new building could be reconfigured.
Jim Warren said that all other configurations were investigated. They were trying
to move into an attractive setting. Warren wouldn’t move at all if they can not put
in another driveway.
Supt. Cross said that after public input, as the Zoning Officer he advised the
Board that this is a site plan review and the ultimate decision of the Board is to
approve the site plan with other conditions being added to the approval. The
decision is to approve the project with only the existing egress or approve it with
an additional egress. Speaking as the engineer, the Board could deny the additional
driveway but approve the plan with the existing driveway, which is not a good
decision.
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Atty. Tyler said that all the issues with the “history” which is not recorded in the
official records of prior approvals for this property are not presumptive or material
to this review.
Mayor Lynn said that our obligations as Trustees acting as a Planning Board is that
we have 62 days after the closing of the Hearing to make a decision. Everything
has been heard. We should close the Public Hearing.
Roger Segelten wanted to add that he walks a great deal and people are going over
30 mph on to N. Triphammer Road. We are just adding another tentacle to the
octopus.
Motion by Trustee McNeil
Seconded by Trustee Antil
Move to close the Public Hearing on the Warren Financial Center at 8:52
PM.
Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES.
The meeting of the Board of Trustees opened at 8:55 PM.
The Mayor asked for a motion to approve the minutes of August 15 with
corrections as noted.
Motion by Trustee Antil
Move to approve the minutes of August 15 with corrections as noted.
Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES.
The Board wished to thank Pat Kannus for taking the minutes of the August
meeting in Clerk Manning’s absence.
No one wished to speak at the Privilege of the Floor.
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Mayor’s Report
Mayor Lynn continued the discussion which was started at the August Board
Meeting about real property tax exemptions for Veterans. Discussion ensued on
the information distributed at the August meeting. It was agreed that Local Law
#1 of 1984 needed to be amended and a Public Hearing would be scheduled for
same.
Motion by Trustee McNeil
Seconded by Trustee Staley
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Move to hold a Public Hearing at 7:30 PM on Monday, October 17 to
consider changes to Local Law #1 of 1984 as indicated as follows:
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)
3) Disabled Veterans Exemption – with a maximum of $40,000 (increased
from $20,000).
Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES.
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Report of the Treasurer – Treasurer Silber commented that he will not be present
at the October Board Meeting..
Treasurer Silber reported this month that the Village audit is scheduled for
October. This is the first year incorporating depreciation into our financial
statements (GASB 34). The Treasurer gave a short presentation of GASB 34 and
how it will affect the financial statement. He then presented the transfers and
asked for a motion to approve the transfers.
Motion by Trustee McNeil
Seconded by Trustee Antil
Move to pass Resolution 6157 approving the transfers dated 9/17/05.
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 McNeil
Seconded by Trustee Antil
Move to pass Resolution 6158 approving the Abstract of Audited
Vouchers dated 9/17/05 in the amount of $101,599.58, and instruct
that the Treasurer make payments thereon.
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Trustees Antil, Collyer, McClelland, McNeil, Mount and Staley voted YES.
Report of the Police Chief – Report was distributed and on file. Given the type of
incidents that the police are now seeing, Trustee Staley asked if the character of the
Village has changed. Chief Lansing answered yes, it has. There was a short
discussion on the change in the Village over the years. Trustee Collyer asked the
Chief what is traffic violation code 319-1. It is “no insurance card”. Trustee
Collyer asked when that type of violation would normally be picked up. Chief
Lansing answered that at the time of other stops, insurance cards would be
checked. Trustee Collyer asked about 911. Chief Lansing said that he may not
continue on the 911 Committee after this coming Wednesday’s meeting. He said
that advice has fallen on deaf ears, and it is now a waste of the Village’s time for
him to continue at these meetings. Trustee Staley asked what is causing the
problems. The Chief said that Lee Shurtleff is calling the shots. He is a County
employee.
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Report of the Fire Superintendent – Report was distributed and on file. Fire Supt.
Tamborelle was called out of the meeting earlier on a fire call. Mayor Lynn asked
Trustee McNeil if the rise in EMT calls was a trend. Trustee McNeil said that
there are many more calls than previously in the past. Trustee Collyer asked if the
calls were truly of an emergency nature. Trustee McNeil said that some are, and
some are due to a reflex action to call 911.
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Report of Working Supervisor – Report was distributed to the Trustees and is on
file. There was discussion on items referring to streets. There is a dirt pile at the
DPW that has to be moved. Another Town has offered to haul it away. The hot
patch machine has been used just about every day. The two temps, Chris
Chamberlain and Anthony Scarlfile have been doing the work with the machine
and have done a very good job.
Treasurer Silber reported that he recently had a chance to watch the DPW in
action on a Saturday when there was a water main break. He praised the
professional job that the crew did. They were motivated, efficient, and were
impressive to watch. Supv. Quick will pass the comments on to the crew.
Supv. Quick said that Hanshaw Road will be done some time this fall. A water
main extension will be done. Details are currently being worked out.
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Report of the Supt. of Public Works – Supt. Cross has been approached by Yaws
Environmental regarding relief for soaring costs of fuel. We currently have a set
price for hauling sludge; however, the gas prices have gone up driving the cost up.
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Supt. Cross wants to have Yaws prepare a formula that represents travel distance/
fuel cost and present it to the Trustees next month. This change will involve a
contract revision between the two parties.
In filling out the application for chemical bulk storage tanks at the WWTP, the
Village needs to provide the DEC with spill prevention reports. There needs to be
a policy in place on spill prevention. Stearns and Wheler are familiar with this, and
the Village has a proposal from them.
Supt. Cross attended a 3 day NYS Building Officials Conference which provided
required training opportunities.
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Report of the Attorney – Attorney Tyler wanted to talk about the cell tower
application. There was a lot of technical information put forth. Do we want to
hire an expert consultant to check on what was given to us by VW? This is the
Board’s option. There needs to be a good, sound, factual basis to deny the tower
if the Board were so inclined.
Regarding the Warren Project, the second entrance (on Triphammer Rd.) is the
real crunch. The Village is again not in a good position to deny. The Police Chief
says the second entrance is acceptable, as does the Engineer. If the Board wants
to deny, the Trustees should hire an independent engineer to do an independent
study. Warren could sue the Village if they are not given a good reason to deny.
There is nothing in writing about there being no access to N. Triphammer Rd.
The Village can’t deny because of factors that may have been considered but were
not recorded. There probably needs to be a working session on the two public
hearings PDQ. Treasurer Silber has a concern from a liability standpoint. The
board should have its own engineer.
Mayor Lynn has a concern for safety. The Police Chief has given his opinion that
it is safe as presented. Does the Board have the authority to make a conditional
approval subject to future performance (lack of accidents)? Atty. Tyler says no.
The Board needs to make a decision one way or the other. Mayor Lynn will look
for someone (an established engineer) to look at the intersection and make a
report. Supt. Cross said that it may not be that easy an analysis. The Village is
asking how Warren will impact the intersection, not Warren. Mayor Lynn
commented that no one has made a substantive study of the transportation issue.
The one way exit issue is not an easy one. Trustee McNeil said that a right hand
turn exit is significantly different from what they originally presented.
Discussion ensued on how a decision should be made. Pros and cons seen by
each trustee were offered.
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Treasurer Silber asked if issues raised that were addressed at the first meeting were
addressed at this meeting, i.e. lighting, drive-thru.
Supt. Cross said that when the Board takes action, we will be approving two site
plans, one for each of the two separate parcels.
Atty. Tyler said that there needs to be serious thought about what conditions the
Trustees would put into a decision if approval were granted.
Supt. Cross said that the Board could make approval based on driveway condition,
drainage condition, lighting conditions, and specific landscape architect plans.
Atty. Tyler said that the Board needs to give Warren a deadline on satisfying any
conditions required by the Board.
Supt. Cross will not issue a building permit unless all conditions are approved by
the Board.
Atty. Tyler thinks that the Board needs a working meeting to deal with this issue
and the cell tower issue. Supt. Cross should write up conditions and circulate
them to the Board before the Special Meeting.
Atty. Tyler then spoke on other issues. The Wilkinson Estate court conference
has been postponed from September 12 to the end of October.
Mr. Crossmore and family have made a presentation on a subdivision to the
Village of Lansing, which is now pending.
Contracts still need to be prepared with the towns on sewerage before year end.
At this point, Mayor Lynn questioned the Board on Verizon Wireless. What does
the Board want them to address at the next meeting? The Trustees should get a
list in writing to Supt. Cross before Friday with items they want answers to.
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Clerk’s Report - Clerk Manning reported on the Records Management work being
done in the Clerk’s office. Lindsay Russell has returned to school at Cornell and
has taken some time off at the office while she gets her school work in order. She
will continue, though to work on the project until May (end of the budget).
The NYCOM Conference was held the week of September 19; however, the Clerk
did not attend due to ongoing issues in the Village.
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Motion by Trustee Antil
Move to adjourn at 10:30 pm.
Trustees Antil, Collyer, McClelland, Mount, McNeil, and Staley voted YES.
Respectfully submitted,
Norma R. Manning, Clerk