HomeMy WebLinkAboutSpec Mtg. Minutes 4/29/1994VILLAGE OF CAYUGA HEIGHTS
BOARD OF TRUSTEES
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Minutes of a Special Meeting of the Board of Trustees of the Village of Cayuga
Heights held April 29, 1994 at 3:30 PM in the.Village Hall.
PRESENT: Mayor Anderson; Trustees Bisogni, Collyer, Fleming, Kira, Pimentel;
Attorney Geldenhuys; Supt. of P.W. Cross; Police Chief Wall.
ABSENT: Trustee Perry, Treasurer Silber.
OTHERS PRESENT: Attorney James Miller, Barbara Blanchard, William DeWire, M/M Thomas
Davis, Jeff Stimson of the Ithaca Journal. .
Mayor Anderson called the meeting to order stating its primary purpose was for further
consideration of the Final Application submitted by Kendal Communities Development Co.
He made reference to items which had been previously discussed, i.e., Mr. Woolford's
agreement to provide cost figures for improvements to N. Triphammer Road and to the
existing sewer line that goes by Renwick Brook; also, changes in the wording of the
draft resolution to be prepared by the attorneys. Attorney Miller reviewed the final
draft of the resolution which incorporated the changes previously discussed and
Attorney Geldenhuys made corrections and additions to it.
Supt. of P.W. Cross voiced his concern relative to the storm water issue and stated he
would feel more comfortable if the agreement with Kendal included language to the effect
that, if the Village missed something or did something wrong, Kendal would be obligated
to correct the problem. It was noted that this is already stated in the regulations
of the PUD document which is rigid in its requirements. P.W. Supt. Cross, in response
to Trustee Pimentel's comment that it would be advisable to make measurements, stated
that in regard to storm events, Kendal has used the right tools to'do their analysis
in storm run -off and further, there is not enough historical data and the work cannot
be done at this time..
RESOLUTION 4573 - APPROVE FINAL APPLICATION FOR PUD SUBMITTED BY
KENDAL COMMUNITIES DEVELOPMENT CO.
WHEREAS, the Kendal Communities Development Company has filed
a Final Application for a planned unit development under the
Villagers Planned Unit Development Regulations (the "Regulations ")
on premises owned by Cornell University (commonly known as the
Savage Farm) and premises owned by David Yeh and Rachel Weitzman
(collectively the "Property "); and
WHEREAS, Kendal Communities Development Company proposes to
construct a life care community (the "Project ") as more fully set
forth in the Final Application; and '
WHEREAS, Kendal Communities Development Company is acting on
behalf of Kendal at Ithaca, Inc., a New York State not- for - profit
Corporation, which corporation will ultimately be the owner of the
property (both corporations being referred to hereafter as
"Kendal"); and
Minutes of Special "eeting — lo(29/94 2
} WHEREAS, it is anticipated that the Village shall incur the
approximate sum of $62,500.00 gor the review of Kendal's
application including but not limited to the costs of professional
and administrative services, architectural fees, engineering fees,
legal fees, and other consulting and inspection fees to be incurred
by the Village in its review of Kendal's planned unit development
application; and
WHEREAS, the Village of Cayuga Heights (the "Village ") has
determined that Kendal has fulfilled all of the requirements and
approvals as required by the Regulations; and
WHEREAS, in an effort to finalize the financing of the
Project, Kendal has requested that the Village grant final approval
of the Final Application of the Project prior to Kendal submitting
evidence of financing needed to complete the Project; and
WHEREAS, Kendal will not become the owner of the Property
until all financial arrangements have been completed; and
WHEREAS, the Village is prepared to grant approval of the
Final Application by Kendal for a Planned Unit Development on the
Property; and
WHEREAS, Kendal will pay real estate taxes to the Village of
Cayuga Heights
based on the
assessed value
of the project
as
determined by
the Tompkins
County Board of
Equalization
and
Assessment or in the event that part or all of the project is
determined to be tax exempt, Kendal will pay to the Village moneys
in lieu of taxes pursuant to the agreement of Kendal as set forth
in its letter to the Village dated August 18, 1993; and
WHEREAS, Kendal has previously committed itself to assisting '
the Village in paying for improvements to culverts located
downstream from the project; and
Minutes of Special Meeting - 4/29/94
s ,1
WHEREAS, Kendal has submitted a preliminary cost estimate of
all infrastructure improvements that are to become the
responsibility of the Village together with a satisfactory
guarantee; and
WHEREAS, Kendal has submitted a satisfactory two year warranty
of the infrastructure improvements that are to become the
responsibility.of the Village; and
WHEREAS, the Village has previously adopted a resolution
granting approval of the preliminary application for a Planned Unit
Development submitted by Kendal.
NOW, THEREFORE, be it
RESOLVED that after due consideration the Village of Cayuga
Heights hereby approves the Final Application by Kendal for a
Planned Unit Development on the Property; and be it further
that the Mayor is hereby and directed to
RESOLVED authorized
sign the final development plan and 'the appropriate zoning officer
is authorized and directed to issue a special permit in accordance
with the Regulations; and be it further
RESOLVED that Kendal shall pay to the Village a "review and
inspection feel' pursuant to Article G(3) of. the Regulations as
itemized below; and be it further
RESOLVED that Kendal shall submit the amount of $62,500.00, or
a letter of credit therefore, to the Village Clerk, pursuant and
subject to the provisions of Section III(a) of the Planned Unit
Development ordinance of the Village:
'
1. Review and inspection fees, including code
enforcement: $35,000.00.
2. Legal fees: $12,000.00.
3. Traffic expert: $500.00;
4. Other consulting and inspection fees: $15,000.00;
52 Minu:os of Special C.,2eting - 4/29/94
and be it further
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RESOLVED that within thirty (30) days of taking legal title to
the property, Kendal shall execute an easement, attached hereto as
Schedule A, and an agreement pertaining to the possible future
widening of North Triphammer Road; attached hereto as Schedule B;
and be it further
RESOLVED that Kendal shall pay to the Village, in an amount
not to exceed $20,000.00, fifty percent (50 %) of the costs incurred
by the Village within two years from the date hereof to repair or
replace any culvert located downstream from the Project; be it
further
RESOLVED that this final approval is conditioned on Kendal
obtaining title to the Property; and be it further.
RESOLVED that this final approval is contingent upon Kendal
submitting satisfactory evidence that financing for the proposed
construction is available and sufficient for completion of the
Project and for guarantees that. the work will be completed as
proposed; and be it further
RESOLVED that in the event that Kendal and the Village
determine that a pedestrian walkway be constructed along the
Property adjoining the west side of North Triphammer Road, then in
that event it.shall be the sole responsibility of Kendal to pay for
said pedestrian walkway; and be it further
RESOLVED that in the event Kendal and the Village determine
that a traffic light or other road improvements, such as longer
turning lanes, on North Triphammer Road at the entrance to the
Project are necessary, then in that event it shall be the sole
responsibili�y of Kendal to pay for said traffic light or other
road improvements; and be it further
RESOLVED the Mayor or his deputy is hereby authorized and
directed upon the advice of the Village attorney and such other
individuals as the Mayor shall deem appropriate in his sole
discretion to review the evidence that financing for the proposed
construction is available and sufficient for the completion of the
Project and for guarantees that the work will be completed as
proposed and to execute any and all instruments necessary to waive
the financing contingency of this resolution.
Trustees Bisogni, Collyer, Kira, Pimentel voted YES. Trustee Fleming ABSTAINED.
The Mayor presented the Treasurer's report in the latter's absence, noting two errors:
A3410.44 - F. D. Utility and A5142.42 - Snow Supplies in the List of Transfers.
Motion by Trustee Fleming, seconded by Trustee Collyer:
RESOLUTION 4574 - APPROVE TRANSFERS
VOTED to approve transfers as recommended by the Treasurer as follows:
Trustees Bisogni, Collyer, Fleming, Kira, Pimentel voted YES.
Motion by Trustee Pimentel, seconded by Trustee Fleming:
VOTED to approve the Abstract of Warrants dated 4/29/94 in the following amounts:
General Fund - $22,017.63; Sewer Fund - $2,009.22, with the addition of the bill
from Day's Inn - A3120.42 - $156.00. Trustees Bisogni, Collyer, Fleming, Kira,
Pimentel voted YES.
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Minutes of Special Meeting - 4/29/94
5 53
RESOLVED
the Mayor is hereby
authorized and directed upon the
advice of the
Village attorney to'
execute any and all instruments
necessary for
the effectuation
of this resolution; and be it
further
RESOLVED the Mayor or his deputy is hereby authorized and
directed upon the advice of the Village attorney and such other
individuals as the Mayor shall deem appropriate in his sole
discretion to review the evidence that financing for the proposed
construction is available and sufficient for the completion of the
Project and for guarantees that the work will be completed as
proposed and to execute any and all instruments necessary to waive
the financing contingency of this resolution.
Trustees Bisogni, Collyer, Kira, Pimentel voted YES. Trustee Fleming ABSTAINED.
The Mayor presented the Treasurer's report in the latter's absence, noting two errors:
A3410.44 - F. D. Utility and A5142.42 - Snow Supplies in the List of Transfers.
Motion by Trustee Fleming, seconded by Trustee Collyer:
RESOLUTION 4574 - APPROVE TRANSFERS
VOTED to approve transfers as recommended by the Treasurer as follows:
Trustees Bisogni, Collyer, Fleming, Kira, Pimentel voted YES.
Motion by Trustee Pimentel, seconded by Trustee Fleming:
VOTED to approve the Abstract of Warrants dated 4/29/94 in the following amounts:
General Fund - $22,017.63; Sewer Fund - $2,009.22, with the addition of the bill
from Day's Inn - A3120.42 - $156.00. Trustees Bisogni, Collyer, Fleming, Kira,
Pimentel voted YES.
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I-n Minutes of Special Meeting - 4/29/94 6
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Mayor Anderson reported that the slate of officers at the Fire Dept. has been
accepted by the Fire Council.
Supt, of P.W. Cross reported having been contacted by the staff of the Cornell
Roads Dept. inquiring if the Village would be interested in hiring students for
the summer at an hourly rate ranging from $6 to $8 /hour. Supt. Cross suggested
that a person in this position could, for example, take an inventory of road sur-
faces - aging and dating them. The Board decided to wait on the matter.
Trustee Pimentel asked about the possibility of hiring someone to collect the accumu-
lated "winter's" trash alongside Village roads. No action was taken.
Motion by Trustee Collyer, seconded by Trustee Fleming:
RESOLUTION 4575 - ENTER EXECUTIVE SESSION
VOTED to enter Executive Session at 4:30 PM to consider a personnel matter.
Trustees Bisogni, Collyer, Fleming, Kira, Pimentel voted YES.
Reconvened into regular session at 4:33 PM
Meeting adjourned at 4:34 PM
Anne Kroht' o
Clerk
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