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HomeMy WebLinkAbout2014-5-12minutes Minutes VILLAGE OF CAYUGA HEIGHTS Monday, May 12, 2014 Marcham Hall BOARD OF TRUSTEES MONTHLY MEETING 7:00 p.m. Present: Mayor Supron; Trustees: Friend, Robinson, Salton, and Woodard; Superintendent of Public Works Cross; Police Chief Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus. Absent: Trustees Crooker and Hamilton; Fire Superintendent Tamborelle Call to Order: Mayor Supron called the meeting to order at 7:07 p.m. 1. Approval of Minutes: Resolution #7484 BE IT RESOLVED THAT: Minutes of the April 21, 2014 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2015-005. Motion: Trustee Salton Second: Trustee Robinson Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried 2. Public Hearing: JJ’s Cafe Permit Renewal (Exhibit FYE2015-010) Public Hearing called to order at 7:10 p.m. Supt. Cross explained that in the Village’s zoning regulations, restaurants and dairy bars are treated differently from the standard Zoning Board approval process. The recent transfer of business requires Board of Trustees’ approval under this regulation which has been in place since the 1980s. Proposed conditions put before the Board in Exhibit FYE2015- 010 have been reviewed by Attorney Marcus. Supt. Cross added for the record that Tim Ciaschi, owner of the Community Corners Shopping Center where the business is housed, supports the application. Public Hearing closed at 7:12 p.m. Discussion by the Board on permit renewal took place. Trustee Salton would like to see zoning regulation revised so that businesses such as JJ’s do not have to go through this type of process. The Board should work to eliminate stipulations such as this “outrigger from an ancient time.” Whether or not to include wording concerning alcoholic beverage service was examined. Attorney Marcus clarified the process followed by the NY State Liquor Authority when a business owner applies for a liquor license. The Board would have an opportunity to state its position although it might decide to stay silent at this time. Language in the proposal stipulates the same conditions as language used in 1985. Police Chief Steinmetz wondered if the Village’s ordinance regulating noise would conflict with item 6 concerning use of equipment which could be heard outside the business’s outdoor premises. Local ordinances always apply and take precedence. It was decided that [but will not serve alcoholic beverages] is stricken from item 1 and item 6 is stricken in its entirety. Resolution #7485 WHEREAS, the Village of Cayuga Heights Board of Trustees, in accordance with Zoning Ordinance Section 4.2(c), has conducted a public hearing concerning the operation of a restaurant business in the Village’s Commercial District; and WHEREAS, such business has been conducted at 903 Hanshaw Road under the name JJ’s Café; and WHEREAS, the Village Board of Trustees had, at some time in the past, granted a special approval in accordance with Section 4.2(c) for the operation of such business; and WHEREAS, the Village Board has been advised that the ownership of such business is to be transferred to R&M Hospitality, LLC, and the parties to such transaction have requested confirmation that operation of a restaurant business at the location of JJ’s Café at 903 Hanshaw Road can continue to be conducted in accordance with Section 4.2(c) with the special approval of the Board; THEREFORE BE IT RESOLVED, The Village of Cayuga Heights Board of Trustees has determined, in accordance with Zoning Ordinance Section 4.2(c), that, with respect to the operation of a restaurant business at the location of JJ’s Café at 903 Hanshaw Road, a need for such use exists for the convenience of the neighborhood and that the general welfare of the Village will be served by such use, and that there will be no excessive noise in connection with such use; and be it further resolved that The Village of Cayuga Heights Board of Trustees hereby grants special approval in accordance with Zoning Ordinance Section 4.2(c) for the operation of a restaurant business at the location of JJ’s Café at 903 Hanshaw Road, such grant of special approval subject to the following conditions: 1. The business will serve food and beverages; 2. The business will be open to the public within the hours of 6 am to 10 pm, Monday through Saturday; 3. The business will provide indoor seating for no more than 36 persons total, including chairs at tables and stools at counters; 4. The business will provide outdoor seating for no more than 16 persons total, with chairs at tables, to be used between April 1 and September 31; 5. The business will arrange with the property owner for garbage/dumpster service in the existing dumpster enclosure location at the back of the property; and 6. Parking for this business will remain available in the parking lot of the property owner, and this approval does not alter, impose or diminish any applicable parking requirements. Motion: Trustee Salton Second: Trustee Friend Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried The Village has no fee structure in place for permit renewal; therefore this action requires no fee assessment. 2. Report of Fire Superintendent Tamborelle: (Exhibit FYE2015-006) Submitted report (website – contained in Meeting Packet May 12, 2014) Superintendent Tamborelle was not able to attend. 3. Report of Assistant Superintendent of Public Works Frisbie: (Exhibit FYE2015-007) Submitted report (website – contained in Meeting Packet May 12, 2014) Several public works employees have been using their vacation time due to the nicer weather. Nonetheless the remaining crew has been getting as much done as possible. Trustee Salton asked about water weeping by the Congregational Church on Highland right across from the Ithaca city line. Asst. Supt. Frisbie will call it in, in the morning. It will be determined if the water is chlorinated and proceed accordingly. 4. Privilege of the Floor (PoF): No speakers. 5. Report of the Mayor: a. Annual Deer Population Analysis The full report by Cornell University is available on the Village website at www.cayuga-heights.ny.us/deer.html Deer density has dropped by approximately 30% since last year’s study from 125 per square mile to 85 per square mile. That included two does that died from old age, some that were hit by cars, eight deer shot in Palmer Woods, and a few other tagged deer shot in other places on the Cornell campus. Cornell’s deer population also so had a significant drop over the past year. The report contains a recommendation to keep a high rate of doe sterilization. Villager David Donner asked for clarification on the term ‘shot’. Shooting was by bow or crossbow per the Village’s amended firearms ordinance. Cornell met all qualifications stipulated in the law. The questions of poaching and the possibility of gunfire in the Village were discussed. There has been poaching all around the Village. Chief Steinmetz said that police are called when fireworks are heard but never for gunfire. Poachers would shoot with a muzzled firearm or a crossbow and leave the area quickly. Once it became known that there are a lot of deer in Cayuga Heights, poachers have been active. Concerns were mentioned relating to the central dispatch center. b. Business Advisory Committee (BAC) (Exhibit FYE2015-008a) The Village’s Comprehensive Plan recommends a group for business owners to foster better communication between the business community and the Board of Trustees. Fred Cowett, Sean Cunningham, Trustee Maryann Friend, and Village resident and planner with TCAT, Heather Filliberto met and formulated the following resolution. The potential makeup of the committee was discussed. A board member does not need to be on the committee, but there would be no prohibition to a Trustee attending a meeting. It is envisioned that the group would be made up of business owners and would bring their concerns to the Board. Mayor Supron’s experience is that the Village business owners are not all of a like mind on issues. A conversation on open meetings took place. All committee meetings are open and ideally are noticed so that any interested party may attend. Day, time, and place can be published easily when a committee has a regular schedule. Efforts will be made to include meeting information on the website. Resolution #7486 BUSINESS ADVISORY COMMITTEE WHEREAS the Village’s Comprehensive Plan adopted January 13, 2014 stated as an objective to improve the business climate for property and business owners in the Village, and that the plan also recommended establishment of an advisory committee to facilitate communication and encourage collaboration between Village officials and commercial property and business owners, THEREFORE BE IT RESOLVED, That a Business Advisory Committee (BAC) be established to advise the Board of Trustees on policy matters pertaining to the business community in the Village of Cayuga Heights, and That the BAC will be comprised of no fewer than 5 (five) and no more than 7 (seven) volunteer members, a majority of whom will be from the business community, appointed by the Mayor for two year terms, one of whom will be named Chairperson by the Mayor and one of whom will be a member of the Village of Cayuga Heights Planning Board, and That the BAC will meet on a periodic basis as determined by its members and Chairperson, but not less than once every three months, and That the BAC will report to the Board of Trustees as needed , but not less than once every three months. Motion: Trustee Friend Second: Trustee Woodard Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried c. Zoning Review Committee (ZRC) Two organizational meetings have been held. ZRC members thus far are Fred Cowett, Chair, who is also Chair of the Planning Board; Mayor Supron; Superintendent Cross; Kirk Segal, member of the Zoning Board of Appeals and sits on the Town of Ithaca Zoning Board; David Filliberto, who sat on the Trumansburg Zoning Board of Appeals, worked on the Trumansburg Comprehensive Plan, and was involved in the revitalization of their Main Street using the Comprehensive Plan; and Elaine Quaroni, longtime Village resident. Tasks have been laid out and current zoning code examined to see what needs to be changed. The document’s structure is not standard. Both Supt. Cross and Chair Cowett have looked at the Town of Ithaca’s code as a starting point for structure. In order to correct outdated or unspecific language a definitions comparison has been prepared by Chair Cowett. It lists terminology used in the Village’s code and provides alternate recommended language. Attorney Marcus pointed out that this analysis has likely saved the Village several thousand dollars. The greater issue is the substance; most issues are specific to the business district. The boundaries, density, building height, sign and design standards are some of these. The Planning Board has been given the task, due to their familiarity with the Comprehensive Plan, of presenting some options on design standards; they are meeting on May 27, 2014. A postcard to Villagers and notice on the website are a few ideas on how to engage the public. The question of whether or not the Board should give the ZRC direction was addressed. Kate will email the trustees a copy of the Comprehensive Plan with sections pertaining to zoning, highlighted. The ZRC has set its goal as a draft zoning document by the end of the calendar year. To achieve this end, they are meeting twice a month and will work to revise the code in its entirety rather than piecemeal. The next meeting is on May 21st at 5:30 p.m. Supt. Cross added that a section on Historic Preservation will be developed. Even though the Village has a limited amount of open land which could be developed, the need to address subdivision and development standards exists. In the past developers have opted to build a private road. As time passes property owners tire of maintaining the road and want the Village to take it over. Private roads are not built to the standards that the Village is willing to accept. No protections exist in Cayuga Heights for Unique Natural Areas (UNA). The Village has three (3) county designated UNAs; these include steep slopes and areas with unique flora and fauna. They are not the same as a buffer. The designation currently has no regulatory force; however it needs consideration during SEQR. d. Mecenas – Ciaschi Proposal: The Board has been asked for feed-back on their proposal. Mr. Mecenas has requested a change to zoning to extend the commercial district to include his property which is adjacent to the current commercial district. Although the Board is under no obligation to respond and there are few specifics in the proposal, Mr. Mecenas has been waiting through the Comprehensive Plan approval process. The idea of a buffer zone and setbacks has support and can be looked at during zoning review; these conditions could not be applied to current development but considered for the future. Due to the lack of a current structure to bring about the requested review, the idea of crafting a statement of purpose for each zoning ordinance section was discussed. Zoning has to be clear so that the Board can determine and support what is good for the Village. There are extensively developed guidelines for parking and other building regulations for the Board to use as a framework. For questions concerning increased traffic and population which will impact police and fire protection the Board agrees that detailed study and review are required. e. Resolution #7487 RESOLUTION OF APPRECIATION TO RECOGNIZE CHAIR MARTIN HARMS FOR HIS SERVICE TO THE PLANNING BOARD WHEREAS, Martin Harms was appointed by the Village Board of Trustees to serve as Chair of the Planning Board, and WHEREAS, Martin served as chair from the first organizational meeting of the Planning Board in October 2009 until February 2014, and WHEREAS, Martin’s input in the development of the Planning Board and its direction was very valuable, and WHEREAS, Martin worked to guide the development and adoption of the Village’s first single document Comprehensive Plan during his tenure as Chair, THEREFORE BE IT RESOLVED, That Village of Cayuga Heights Board of Trustees recognizes and thanks Martin Harms for his commitment to the Village of Cayuga Heights Planning Board, and for his service to the Village. Motion: Trustee Robinson Second: Trustee Woodard Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried f. Consultant George Frantz: Since the Comprehensive Plan, the development of which Mr. Frantz assisted, has been authorized; he is prepared to provide the Village with thirty (30) copies of the plan in accordance with his contract. It was decided that only twenty-one (21) copies are needed. g. Village Voices: The Communications Committee has met and decided to produce the newsletter “in house” with the assistance of Trustee Friend. The next issue will be mailed in mid to late August. 6. Report of the Trustees: No reports to be presented. 7. Report of Chief of Police Steinmetz: (Exhibit FYE2015-09a,b,c) a. FYE2014 Accounts Payable: Vest Partnership matching grant funds to be applied toward the purchase of a vest for new part-time officer Forney. b. Permission to order budgeted equipment now with payment in new FY granted. i. Patrol Vehicle ii. Ammunition iii. TASERs c. Adjusting Patrol Vehicle rotation – will purchase additional lighting out of this budget d. Backroom renovation 99% complete. Outstanding improvement and appreciation to the DPW for their dedicated work! e. New Part Time Officer has started training. f. Officer Manheim got accepted into the Drug Recognition Expert School. He starts June 9th and will be away for two weeks. The school is paid for with a special grant through the Governor’s office; the Village will need to pay for Officer Manheim’s flight expenses. g. The License Plate reader contract included a 10% increase in the annual fee. Attorney Marcus has reviewed the contract; he an d Chief Steinmetz are negotiating for a lower percentage increase. h. Quality Control and Professional Assessment for Sergeant Wright has been completed; assessments on other officers are moving forward. i. Discussion on proposed draft revision on Article X, Hawkers, Peddlers, and Solicitors Attorney Marcus will review for the meeting to be held on May 28, 2014. 8. Report of Superintendent of Public Works Cross a. JJ’s Café Permit Approval: covered earlier in the meeting. b. NYS DEC requires entities designated as a Municipal Separate Storm Sewer System (MS4) to prepare an annual r eport with self-certification to be presented in a public forum to the governing body. Supt. Cross presented the Stormwater System Report to the Mayor. There are six (6) criteria of self-assessment covered in the report; they are referred to as minimum control measures. The first four are fulfilled by virtue of the Village’s participation in the Tompkins County Stormwater Coalition which works on behalf of its members; they relate primarily to public education. Minimum control measure #5 is related to planning and regulatory efforts conducted through the Planning Board and #6 commonly referred to “good housecleaning”, addresses how well the Village DPW cleans the streets and assurances on controlling water run -off. Mayor Supron signed the report cover page and Supt. Cross will forward the report to the DEC. c. Wastewater Treatment Plant (WWTP) inspection: The Syracuse office of the DEC found the plant to be in proper working order during its annual inspection. Supt. Cross credits this to the Village’s contractor YAWS Environmental. They understand the scientific methodology behind keeping the plant functioning properly. d. Dump truck box procurement: Pricing on a new dump truck has risen above what had been budgeted. A decision has been made to purchase a new box for the current dump truck which has a rusted out box. An alternate quote to provide a self-contained leaf box has also been requested. e. Drainage on Warwick/Cambridge: Supt. Cross held a meeting prior to the evening’s trustee meeting on stream drainage on these properties. There was a good turnout for this informational session. f. CHIPS funding special dispensation: Due to the financial impact felt during the harsh winter by municipalities in NYS, the Governor has made one time funds available to offset some of these costs. The Village is eligible for $12,000. As application requirements are made known, they will be met. g. Integrys Energy Annual Air Emissions Report: All energy, green and otherwise in put into the grid; suppliers purchase energy as needed by their customers. 10. Report of Clerk & Treasurer Mangione (Exhibit FYE2015-10) Resolution #7488 BE IT RESOLVED THAT: Abstract #12 for FYE2014 consisting of TA vouchers 122 - 131 in the amount of $16,366.51 and General Fund vouchers 827 - 935 in the amount of $ 271,064.43 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried Resolution #7489 BE IT RESOLVED THAT: The Village of Cayuga Heights will hold a special meeting on May 28, 2014 at 7:00 p.m. at Marcham Hall primarily for the purpose of approving Abstract #13 for fiscal year ending May 31, 2014. Motion: Trustee Robinson Second: Trustee Friend Ayes: Friend, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 9:36 p.m.