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HomeMy WebLinkAboutMinutes of the Regular Meeting January 16, 2007.pdf 1 Minutes of the Board of Trustees January 16, 2007 Village of Cayuga Heights Meeting of the Board of Trustees Present: Mayor Lynn, Trustees Antil, Bisogni, Collyer, Kaplan, Mount, Staley, Attorney Tyler, Police Chief Lansing, Sgt. Boyce, Fire Supt. Tamborelle, Supt. Cross, Asst. Supt. Frisbie, Treasurer Silber Absent: Others Present: Larry Fabbroni, P.E. & L.S., Scott Gibson, Wayne Matteson, P.E., Mark Mecenas, Peter Ciferri, Caroline and Jeff Rusten, Carol and Ron Schmitt, Sally Elkis, Leonard Elkins, Judy Vergillio, Curt Ashma, Katrina Thaler Medeiros, Rob Medeiros, Ann Ashman, Richard Agard, Randy Marcus, Ilene Lambiase, Beatrice Szekely. At 7:00 P.M., the meeting of the Planning Board was called to order opening the Public Hearing on the Upland Road Estates Subdivision, a proposal by developer Mark Mecenas to subdivide 6 acres of land that fronts onto East Upland Road into 8 building lots. The Hearing notice and advertising in The Ithaca Journal were duly noted. Mayor Lynn introduced Larry Fabbroni, Engineer for the project, who made a presentation to the Board and the public explaining some of the technical aspects of the subdivision. After Mr. Fabbroni’s presentation, Scott Gibson spoke on Stormwater Management in general and specifically the retention pond proposed to be constructed. This information provided a layer of understanding for the public on how the stormwater issue will be handled. Lot “9” on the subdivision map is dedicated for this function of stormwater management, holding the retention pond. After Mr. Gibson’s presentation, Mayor Lynn opened the floor to the public for their comments. Before the public spoke, the Mayor noted that the Clerk had received letters from Judy Virgilio, Don Campbell and Anita Watkins, and Jeffrey and Caroline Rusten to be added to the record. The following people then spoke: Peter Cifarri, Leonard Elkins, Judy Virgilio, Katrina Madeiros, Rob Madeiros, Randy Marcus, Attorney, (speaking on behalf of several residents of the Village), Elizabeth Mount, Caroline Rusten, Jeff Rusten, Curt Ashman, Brent Cross, Carol Schmidt, Mark Macenas. The general concerns from the public were their concerns about water run-off into their properties and how this proposed subdivision may make this already existing problem worse. Several pictures were entered into the record from Peter Cifarri, Leonard Elkins and Katrina Madeiros showing flooded land on their properties on East Upland Road. Supt. Cross urged the residents with specific water/flooding issues to make an appointment with him to discuss their problems with him. A few more questions were asked directly to Mr. Macenas regarding the types of houses that would be built there. Macenas answered that it was up to the individuals who purchased the land; however, he was committed to being sure the subdivision is done right. Supt. Cross again spoke on the common theme of water on their property. He explained that a lot of the issues discussed were due to the work done on Lowell Place in the 1980’s when there was no stormwater management plan prepared and the requirements in place today did not exist back then. Today, the Village could not allow a project today to be done the way the Lowell Place development was done because of the rules and guidelines set today for developers by the State. 2 Another topic discussed was mosquito control, which Scott Gibson addressed. He explained that at 5 acres of development, the State requires water settlement control. In 2003 the DEC started on a lecture campaign on mosquito control. What they have found that the aquatic habitat will take care of itself. Rain during the summer causes the pond to keep flushing through. Ponds do develop their own environment. Mayor Lynn then addressed the crowd. The principal concern of the public is runoff. Where we are at the moment is that there is a zoning issue that needs to be addressed; therefore, we are going to adjourn the Public Hearing to the February meeting. This will give us time to settle the zoning issue and meet with the developer. All are invited back to the February meeting, which will be held on Tuesday, February 20 again at the Fire Station. At 8:10 P.M., the Public Hearing was adjourned to be continued and resumed at the February 20, 2007 meeting at 7 P.M. The members of the public were invited to return at that time. The Planning Board meeting was then closed. Supt. Cross explained the SEQR Environmental Review Process which will have to be done for this project. The Planning Board should declare itself lead agency for the purpose of performing SEQRA review for this project. Supt. Cross recommends that the Board require the applicant to prepare a Long Environmental Assessment Form (EAF), which the developer has already submitted the completed Part 1. The Board will also need to schedule a time for the completion of the EAF Part 2 and to make a final determination of Environmental Impact Upon closing of the public hearing, the Board will have 62 days to make a SEQRA determination and to take final action. MOTION BY TRUSTEE ANTIL SECONDED BY TRUSTEE STALEY Motion to have the Planning Board declare itself lead agency for the purpose of performing SEQRA review for the Upland Road Estate Subdivision. Trustees Antil, Bisogni, Collyer, Kaplan, Mount, and Staley voted YES. At 8:15 P.M., the meeting of the Board of Trustees was called to order. The Public Hearing on the revised speed regulation in the vicinity of a school was opened. Attorney Tyler gave the background on this revision which was already discussed at the December meeting. There being no discussion by the public and having noted the Hearing notice and advertising being duly accomplished, the following motion was presented: Motion by Trustee Collyer Seconded by Trustee Antil Motion to close the Public Hearing on the revised speed regulation at 8:19 P.M. Trustees Antil, Bisogni, Collyer, Kaplan, Mount, and Staley voted YES. Motion by Trustee Collyer Seconded by Trustee Antil 3 Motion to pass Resolution 6239 to amend Section 6: Speed Regulation of the Traffic Control Laws adopted as Local Law #3 of the Year 1991, and as later amended by Local Law #1 of the Year 2002 to now read as stated below: Section 6: Speed Regulations Maximum Speed Limit of Thirty (30) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed on highways within the corporate limits of the Village of Cayuga Heights, except; (1) NYS Route 13: (2) Maximum speed limit in the vicinity of a school is hereby established to be twenty (20) miles per hour, for a distance not to exceed 1320 feet along all Village streets ad highways adjacent to a school, during school days between the hours of Seven O’clock AM and Six O’clock PM. Trustees Antil, Bisogni, Collyer, Kaplan, Mount, and Staley voted YES. *********************************************************************** At this time, Mayor Lynn asked the Board’s permission to move Treasurer Silber’s report on the agenda to this time in the meeting. The Treasurer began by briefly speaking about the budget process, which begins this month. Worksheets and calendars were distributed to the department heads, which will be developing their budgets over the next few months. At the end of February, a working session meeting will be scheduled for March for department heads to discuss their budget requests. The Treasurer will then put a preliminary budget together for the Board to consider. Transfers: Motion by Trustee Collyer Seconded by Trustee Bisogni Motion to pass Resolution 6240 approving the transfers dated 1/16/07 as listed below: From: To: Amount A01990.400 General Fund Contingency A01325.200 Treasurer Contr Exp 2,000 A01990.400 General Fund Contingency A01640.200 Centr Garage Eqpt 18,000 A03620.400 Code Enforcement Contr Exp A01440.100 SPW Contr Exp 200 A01990.400 General Fund Contingency A05110.410 Streets – Contr Exp 500 Trustees Antil, Bisogni, Collyer, Kaplan, Mount, and Staley voted YES. Mayor Lynn commented on the new fuel system accounting system and how it has been addressed and is now accomplishing what it set out to do. Approval of Abstracts Motion by Trustee Antil Seconded by Trustee Collyer 4 Motion to pass Resolution 6241 approving the Abstract of Audited Vouchers dated 1/16/07 in the amount of $387,542.86, which includes additional vouchers added to the printed Abstract. Trustees Antil, Bisogni, Collyer, Kaplan, Mount, and Staley voted YES. Trustee Collyer asked about NYSEG vs. Advantage Energy. Supt. Cross answered as he takes care of this. We are still a part of Advantage Energy, as we have been. Treasurer Silber wanted to inform the Board that since Supt. Cross will be discussing the water distribution lines upgrade project, he wanted the Board to know that there is no reason to wait for the new budget year to proceed with the project as we will probably be setting up a formal capital project for this. At the next meeting, Treasurer Silber would like to see a formal project budget from T.G. Miller for consideration. The Minutes of December 16, 2006 were presented for approval. Motion by Trustee Mount Seconded by Trustee Antil Move to pass Resolution 6242 approving the Minutes of December 16. 2006. Trustees Antil, Bisogni, Collyer, Kaplan, and Mount voted YES. *********************************************************************** Privilege of the Floor – No one wished to speak at the Privilege of the Floor. *********************************************************************** Report of the Mayor – Mayor Lynn commented briefly on the deer issue again. The issue is not closed….more to come at a later date. A report is forthcoming from Cornell about the impact of deer herds in the surrounding lands. The DEC regulations prevent darting deer for purposes of sterilization. Mayor Lynn feels that the law should be changed. *********************************************************************** Report of the Police Chief – Chief Lansing introduced Sgt. Tom Boyce to this meeting. His report was distributed and is on file. Chief Lansing gave a brief update on the 911 issue as it pertains to the 800 mgh system that the County will be changing to. The system is being built, but there are huge concerns about equipment and who will pay for it. Hopefully, the County will come up with the whole system. The municipalities shouldn’t have to find the money to pay for their own equipment. The Trustees asked what they could do to help move things along. The Chief says that we shouldn’t do anything yet, we hope to have cost answers soon. Sgt. Boyce will be attending a meeting tomorrow which may bring more light to the subject. *********************************************************************** 5 Report of the Fire Superintendent – Fire Supt. Tamborelle’s report was distributed and is on file. *********************************************************************** Ass’t. Supt. of Public Works - Ass’t. Supt. Frisbie’s report was distributed and is on file. There is a brush problem that needs to be addressed. Our “pickup” policy may need to be changed as brush and leaves can not be combined because the people who dispose of it will not be able to grind in their “tub grinder” as it will break the grinder. This will be discussed further with the Public Works Committee. The subject of heavy garbage cans and tags was also discussed. Jeff now has stickers to put on overweight cans explaining why their trash was not picked up. *********************************************************************** Report of the Superintendent of Public Works – Supt. Cross reported on the Phosphorus Treatment project. The cost estimate for the project has significantly increased due to a change in the scope and different structural aspects of the project…from a 1.5 million to a 3 million project, as the Mayor reported briefly at the December Trustees meeting. Because of the deadline looming in the near future, the Mayor wrote a letter on December 20th to seek a time extension. We will need to send amended plans to the DEC by the end of January. Stearns and Wheler has suggestions, and their proposal to the DEC is an idea that Supt. Cross believes will work, but there needs to be trial testing which will take 3-6 months to collect the data required to send back to the DEC. There is an alternative idea involving different piping – serial to parallel – with an estimate of $200,000 to do the piping conversion. Stearns and Wheler will run this new idea past the DEC. Regarding the water situation in the Village, T.G. Miller’s report on water deficiency was discussed. The cost estimate for the “first stage” improvement being discussed is approximately $138,000. (The “second stage” larger issue to address is fire water deficiency north of E. Upland Road.) Supt. Cross has a set of construction plans to work with. We are not constrained by the budget on this “first stage” – The Treasurer says that we can do this work as a capital project. Supt. Cross will ask T.G. Miller to convert the plans into bid documents for the February meeting to present to the Board. A resolution will be requested to formally accept the plans and put them out to bid. There is a plan to run a test this spring to send slug thru the pipes to knock off minerals. Regarding the proposed Cornell daycare - the project has not gone through our process yet because Cornell’s internal final approval is still pending. Nothing will happen until that happens, even though some people are hearing that the project is moving forward. Ned’s Pizza passed its final inspection. A Certificate of Occupancy will be issued and they will be opening soon. Regarding the Wadach drainage/sewer line issue – Trustee Bisogni, Atty. Tyler and Supt. Cross have met. There seems to be some fairly simple solutions to the sewer project which will be discussed at the next meeting. Trustee Mount asked what information February’s Board meeting will provide for the public that attended the Hearing at this meeting. The ZBA will meet before the February Board meeting, and Supt. Cross will try to have a neighborhood meeting before the 6 February meeting also. The purpose of the ZBA meeting is because Lot #6, the irregular shaped lot on the map, will not met zoning rules that say that each lot should have a width of 125 ft and a depth of 150 ft. *********************************************************************** Report of the Attorney – Attorney Tyler reported on Trustee Mount’s concern about ice and snow removal responsibility. The Village removes the snow, who is responsible for ice removal? Atty. Tyler will look at the language in the Village ordinance for a determination. Atty. Tyler remarked on the importance of ZBA and Planning Board training as described in a recent issue of the NYCOM bulletin. *********************************************************************** Report of the Clerk – Nominating Petitions were distributed to the Trustees to gain signatures for the upcoming election of 3 Trustees. The three Trustees up for re-election are Trustees Mount, Collyer and Staley. 75 signatures need to be collected by mid February. *********************************************************************** Motion by Trustee Mount Seconded by Trustee Collyer Move to adjourn the meeting at 10:24 P.M. Trustees Antil, Bisogni, Collyer, Kaplan, and Mount voted YES.