HomeMy WebLinkAboutMinutes of Organ. Meeting - April 9, 2007.pdf
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Minutes of the Organizational Meeting
April 9, 2007
Village of Cayuga Heights
Board of Trustees
Present: Mayor Lynn, Trustees Bisogni, Collyer, Kaplan, Mount, and Staley, Treasurer Silber, Supt.
Cross, Ass’t Supt. Frisbie, Chief Lansing, Sgt. Boyce, Fire Supt. Tamborelle, Deputy Clerk Neff,
Atty. Tyler,
Absent: Trustee Antil
Others: Mark Mecenas, Scott Howard, Randy Marcus, Peter Kuniholm, Eleanor Kuniholm, Anita
Watkins, Don Campbell.
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At 7:00 P.M. Mayor Lynn continued the Public Hearing on the Cornell Child Care Facility. Supt.
Cross explained that the schedule for the Town of Ithaca meetings on this proposed facility has
been finalized. A SEQRA meeting needs to be scheduled for our Planning Board. This hearing was
adjourned at 7:05 P.M. to be continued on April 30 at 5:30 PM.
At 7:15 P.M. Mayor Lynn opened the Public Hearing on the proposed 2008 Budget. Treasurer
Silber explained the proposed budget to the Mayor, Trustees and the public. The budget carries a
proposed tax increase of 2.4%, with a salary increase of 3.5%. Mayor Lynn commented that he is
looking into paying the Trustees for their services, but this would not be in effect in this upcoming
budget year. He just would like the discussion to begin. There being no public comment, the
hearing was closed at 7:30 PM by the Mayor.
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At 7:30 PM, the Trustees of the Village of Cayuga Heights convened as the Planning Board for
SEQRA determination and final action for the East Upland Road Subdivision. Supt. Cross
discussed the SEQRA Part 2 as previously completed by the Planning Board, paying special
attention to items 1, 5, 6 and 19. Attorney Tyler referred to a letter from Larry Fabbroni dated
March 9 with questions about answers given by the applicant which needed to be clarified. That
letter will be attached as part of these minutes.
Trustee Collyer asked for clarification on the maintenance of the pond. Supt. Cross referred to a
sample of a legal document used by the Village Lansing for this same subject.
Supt. Cross then reiterated that Part 1 of the SEQRA was completed by the applicant, Part 2 was
completed on March 7, 2007 by the Planning Board, and Part 3 is drafted by Supt. Cross for
acceptance by the Board. If the Board accepts Part 3, the Mayor will propose a motion of “negative
declaration” of environmental impact as to this project.
Discussion ensued on accepting the SEQRA document.
Motion by Trustee Mount
Seconded by Trustee Bisogni
MOVE to pass Resolution 6254 as follows:
The Planning Board, having reviewed the responses to those issues identified in the SEQRA
Long Assessment form as addressed in part 3 as having an impact in the Upland Road
2.
Estates Subdivision, hereby authorized the Mayor, as Planning Board Chairman, to approve
a Negative Declaration of Significant Impacts for this project.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Attorney Tyler then distributed a draft resolution for the Upland Road Subdivision Project. Supt.
Cross advised the Board that a local law will need to be passed by this time next year addressing all
storm water issues, giving the Village the authority to make a call when something is not working
properly. Attorney Tyler suggested that the Village move forward immediately on the passage of
this local law. [Reference Paragraph 3. (c)(iii) below]
Trustee Kaplan asked about restrictions on the house size…Supt. Cross answered that a house can
be 12% of the lot area per our zoning law (2000 sq ft. and 25 ft. high).
Trustee Collyer reaffirmed his concern for who will be responsible for the “water pool.” Who will
maintain the responsibility? (i.e. how will this responsibility be carried into the future?)
Motion by Trustee Collyer
Seconded by Trustee Bisogni
Move to pass Resolution #6253 as follows:
Board of Trustees Meeting of April 9, 2007
Village of Cayuga Heights
Motion by Trustee Bisogni
Seconded by Trustee Mount
Move to pass
RESOLUTION #6253
Upland Road Subdivision
(Mark Mecenas, Developer)
-Preliminary Subdivision Approval-
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES.
WHEREAS:
1. This action involves consideration of Preliminary Subdivision Approval for a
proposed nine-lot subdivision located on the east side of East Upland Road adjacent to the
Corners Community Center and along a new private road to be constructed within the
subdivision off of East Upland Road, and the property in question being identified as
Village of Cayuga Heights Tax Parcel 10.-4-9.1 (4 ± acres) and the residential portion of Tax
Parcel 10.-4-1.2 (2 ± acres), being a parcel of approximately six acres total in the Village’s
Residential Zone. The proposal includes subdividing the said six acres into nine parcels,
3.
one of which is proposed not to be developed but to be the site of a Storm Water Drainage
Retention Pond (Lot 9). The project also includes development of Storm Water
Management facilities, including drainage facilities through each of the lots in the
subdivision. The project is anticipated to be built out over a four year period, and result in
the development of single family or two family dwellings on each. The project is more
particularly shown on the preliminary plat, entitled “SUBDIVISION PLAT, UPLAND
ROAD ESTATES” by Lawrence P. Fabbroni, PE, LS, dated 11/11/06, last revised 2/11/07,
consisting of two separate sheets.
2. This is an unlisted action in which the Village of Cayuga Heig hts Planning
Board acted under the N.Y. State Environmental Quality Review Act (SEQRA) and
regulations hereunder as lead agency in the environmental review with respect to the above-
referenced proposal concluded on April 9, 2007, and made a negative determination of
environmental significance after having reviewed and accepted as adequate a full
Environmental Assessment Form, Part I evaluated as prepared by the Developer and a Part
II prepared by the Village Planning Board in conjunction with the Village Engineer;
3. The application came before the Planning Board at its meeting on December
18, 2006, at which time a public hearing was scheduled for January 16, 2007 at 7:00 PM. The
public hearing was duly advertised in the Ithaca Journal and neighboring property owners
were notified as required. The public hearing was timely commenced on January 16, 2007 at
the Village Fire Station, and after over an hour of comment, was adjourned for continuation
on February 20, 2007, including comment on the “Long Form” Environmental Assessment
Form submitted by the applicant. The public hearing was resumed at the Fire Station for
approximately another hour on February 20, 2007, after which time the hearing was closed,
but public comment was accepted through March 5, 2007. On March 7, 2007 at 5:30 PM in
the Village Hall, the Planning Board convened with the Village Engineer to review the Part
I and to complete the Part II of the full Environmental Assessment Form. At the conclusion
of that review, several open issues were referred to the Developer, which were answered by
the Developer’s Engineer, Lawrence Fabbroni, in his written communication dated March
9, 2007. The confirmation of negative results from soil samples as to possible lead
contamination at the site was received April 9, 2007;
4. The major weight of Citizen concern and input on this project related to the
Storm Water Management Plan in general, and specifically the Retention Pond proposed to
be constructed. Many theories and comments were expressed about water runoff on
properties below the proposed project and concern that the proposal would make the
existing situation worse. On February 12, 2007, the Village Engineer had met with the
neighbors on this issue and subsequently made his own investigation as to the drainage
problems upstream and downstream of the project, subsequent to which he prepared his
written report to the Planning Board, dated April 3, 2007, entitled “Upland Road Drainage”;
5. Due deliberation having been had by the Planning Board through the public
hearing process, the SEQRA process, the extensive input from neighbors and other
concerned members of the community, and review of the application materials admitted as
revised,
4.
THEREFORE, BE IT RESOLVED:
1. That the Village of Cayuga Heights Planning Board hereby determines that
the submissions for this Preliminary Subdivision Application are in all respects complete
and have enabled it to evaluate the application as a major subdivision pursuant to Village of
Cayuga of Cayuga Heights Local Law #2 of 1992, and Village Law §§7-728 and 7-730.
2. The Planning Board further finds, based on the testimony of the Fire Chief,
that the proposed private street will provide adequate ingress and egress and access for fire
and emergency vehicles to buildings proposed to be built, and there is no need for
parklands by reason of this subdivision, open space being provided by the lot to be retained
by the Developer or his Grantor for the Storm Water Management infrastructure.
3. That the Village of Cayuga Heights Planning Board hereby grants
Preliminary Subdivision Approval for the proposed nine-lot subdivision located along East
Upland Road as described above, subject to the following conditions to be met prior to
submission of the final subdivision plat for review and approval of the Planning Board, as
follows:
A. Final map to show all abutting property owners and approximate edge
of abutting improvements on the neighboring property to the east; turnaround at end of the
proposed private road; reconfiguration of Lot 6 to straighten rear line (small triangle to be
added to Lot 9); also lot lines for Lots 1, 2, 3, 5, 6, and 9 to run to the center line of the
proposed private road; the drainage flow center lines for the swales on all lots to be more
graphically depicted. A note shall also be shown as to Lots 2, 3, and 4 on the map
referencing the Site Plan/Special Permit required under Subparagraph “D” below. The plat
to be filed ultimately with the Tompkins County Clerk’s Office will have at a minimum two
sheets:
a. The basic lot map;
b. The storm-water drainage map;
PLUS
c. Other sheets the Developer deems necessary or helpful to satisfy
any conditions which follow.
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B. Submission of the following engineering documents to be reviewed and
subject to approval by the Village Engineer prior to submission of the final plat:
a. Storm Water Management Design Report
b. NYSDEC SPDES Permit Application Form and Notice of Intent
c. Wetlands Exemption for Army Corps of Engineers
d. Tompkins County Health Dept. approval of water/sewer system
extensions
e. Construction Drawings of the infrastructure improvements
f. Legal description of the easement for dedication of water/sewer main
extensions (to be also approved by the Village Attorney)
C. Submission to and approval by the Village Attorney of the following prior
to submission of the final plat:
i. “No Action Letter” from New York Attorney General, Real Estate
Bureau, with respect to the private road, and specification of terms of
the joint or shared Maintenance Agreement among the several lot
owners as to the private road, in the form to be included in the title to
each affected lot (Lots 1-6 inclusive).
ii. Storm Water Control Facility Maintenance Declaration, including
Agreement between Corner’s Community Center (Ciaschi) and the
Developer of Upland Road Subdivision (Mark Mecenas) concerning
the additional drainage facility over the “pole” of the flag lot being
retained by Ciaschi (Lot 9), and procedures for ongoing maintenance
of the retention pond. This Declaration shall also include an Erosion
and Sediment Control Plan, including operation, maintenance and
annual reporting to the Village with easement to the Village for access
to Storm Water Management Facilities.
iii. Security for default in maintenance as to item (ii) above or lien
provision in place by Local Law or otherwise for cost recovery for the
costs incurred by the Village upon default in maintenance of the
retention pond, drainage swales, and other elements of the Storm
Water Management Facility provided and approved herein.
iv. Proposed Deed Covenants for lot owners to maintain the drainage
swales and flow of water for Lots 2, 3, 4, 5 and 6. Covenants for Lots
2, 3, and 4 shall also include reference to the requirement for Site Plan
Review and Special Permit set forth in Subparagraph “D” below.
v. Proposed Deed Covenants of like import as to the drainage swale and
flow maintenance for Lots 7 and 8.
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vi. Sample Deed Restrictions contemplated by the Developer for all lots
in addition to the drainage covenants outlined above.
D. Site Plan Review and Special Permit issued by the Village will be required
for home construction on Lots 2, 3, and 4, given the steep topography existing on a portion of
those lots, with the preservation of all trees not necessary to placement of the dwelling and the
driveway.
E. Written statement from the Village Fire Chief confirming that the private
road or street as proposed would provide adequate access for fire and emergency vehicles to the
buildings proposed to be built on the lots serviced by the private road or street. The Planning
Board on behalf of the Village by approval of the Preliminary Plat and the Final Plat makes no
representations to the Developer or future lot owners beyond the above statement from the Fire
Chief, that the private road will be or remain maintained or be in any other respects adequate
for ingress and egress by the lot owners (that issue to be addressed separately under item C [i]
above), nor will the Village ever be obligated to entertain or accept a proposed dedication of
said private road or street to the Village.
F. Construction activities during build out of the infrastructures (Storm
Water Retention Pond, water and sewer mains, and the road) shall be limited to between 7:00
AM and 6:00 PM weekdays.
NOTE: The Village will submit the completed “Long Form” (full Environmental Assessment
Form) with Negative Determination of Environmental Significance prepared by the Planning
Board, dated April 9, 2007, to the Tompkins County Health Dept. at its earliest convenience.
Motion by Trustee Collyer
Seconded by Trustee Bisogni
Motion to close the meeting of the Planning Board at 8:45 P.M.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES.
++++++++++++++++++++++++++++++++++++++++++++++++++++
Mayor Lynn opened the Annual Organizational Meeting of the Village of Cayuga Heights
at 8:45 P.M.
No one wished to speak at Privilege of the Floor.
The minutes of March 19 were presented.
Motion by Trustee Kaplan
Seconded by Trustee Bisogni
Move to approve minutes of the March 19, 2007 Board meeting with minor corrections as noted.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES
The minutes of the Planning Board SEQRA review (Upland Road Subdivision) meeting of March 9
were presented.
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Motion by Trustee Mount
Seconded by Trustee Kaplan
Move to approve minutes of the Planning Board SEQRA review meeting of March 9, 2007 as
presented.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES
The Budget was then discussed. Department Heads were asked if they wanted to speak about their
budget requests. Chief Lansing spoke about the radios that will be needed for the new 911 System. The
911 Committee will be contacting the Chief with amounts and number of radios that will be assigned to
the Village. Trustee Collyer asked about formal bus stops. There have been place holders placed in the
capital fund (H fund) for bus stops. The County will provide shelters if needed. Salaries are proposed
to raise 3.5%, which is what the bargaining units are set at. The sewer rate remains unchanged at
$122.00 for inside rate and $183.00 for outside rate. The water surcharge remains at 75%. The tax rate
went up to $5.98/thousand, up from $5.84/thousand. The water upgrades funding will come from a
general fund transfer. The reason for the upgrade is fire protection. There are placeholders in the
budget for work to be done in the Village Hall, DPW storm water site work, bus stops, signage at the
Village entry, water upgrade and the phosphorous project.
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A brief meeting on the childcare center was scheduled on 4/30/07 at 5:30 pm for the purposes of
performing SEQRA Part 2.
Report of the Police Chief – Report on file.
Report of the Fire Supt. – Report on file. Chief Tamborelle attended the Ithaca Town Board meeting
earlier in the evening where it was decided that the old fire contract will be carried over to the new year.
A resolution will be sent to the Clerk stating this. The Town will set up a committee to look at the
contract.
Chief Tamborelle asked the Board to approve the new Slate of Officers for the Fire Department. They
are:
Chief George Tamborelle
1st Ass’t Chief Matt Abbinanti
2nd Ass’t Chief Scott Martling
3rd Ass’t Chief open
Lieutenant Joe Lisi
Lieutenant Dave Wolf
Lieutenant open
Open vacancies will be appointed by Fire Council.
Report of the Ass’t Supt. of Public Works – Discussion on the open Sr. MEO position.
Yard Refuse Policy needs to be clarified with the Public Works Committee before the new yearly
announcement is published. The spring clean-up is underway.
Report of the Supt. of Public Works – Jeff Frisbie is doing a great job in his role of Ass’t. Supt. of
Public Works. The Village appreciates his hard work and perseverance.
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Report of the Attorney – The Wadach situation is moving forward and the phosphorous project is also
moving ahead.
Report of the Treasurer - The abstract was presented.
Motion by Trustee Bisogni
Seconded by Trustee Collyer
Move to approve the Abstract of Vouchers as presented.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES
Transfers will be presented next month.
The Board will be authorizing the payment of any bills to be paid at the special meeting scheduled for
April 30.
A resolution was requested to purchase a copy machine for the clerk’s office to replace the copier which
is failing rapidly and will go off service contract on April 30. Discussion was had regarding the range of
capability a replacement could and should have.
Motion by Trustee Kaplan
Seconded by Trustee Bisogni
Move to authorize the Clerk and Treasurer to research and purchase a multi function copier not
to exceed $2500.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES
Report of the Clerk – nothing to report
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The formal portion of the Annual Organizational Meeting followed:
The Mayor introduced the newly elected Trustees, Ann Antil (absent), Roy Staley and Frank Collyer and
asked them to sign their Oath of Office with the Clerk.
Mayor Lynn then appointed Ann Antil as Deputy Mayor for the 2008 Official Year. .
Resolution 6255 - Appointments
Motion by Trustee Kaplan
Seconded by Trustee Mount
MOVE to approve the following appointments:
Miller & Mayer Law Firm for one official year
. Brent Cross Building Commissioner for one official year
Brent Cross Engineer for one official year.
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Brent Cross Zoning Officer for one official year.
Frank Collyer Acting Treasurer for one official year.
Carol Sisler Village Historian for one official year
. David L. Call Village Forester for one official year.
David Klein Acting Village Justice for one official year.
. Peter McClelland Appoint as ZBA Member (to expire 2012)*
*Joe Petrillose stepped down. Peter McClelland, who was the alternate, will now serve on the Board.)
Note: The five members’ terms expire in succession so that one member’s term expires each year. If a vacancy
occurs early, that person appointed will fill only the balance of the unexpired term of the person being
replaced.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES.
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Motion by Trustee Kaplan
Seconded by Trustee Bisogni
VOTED to pass Resolution 6256 making the Tompkins Trust Company of Ithaca, NY the
official depository for the Village funds for the 2007-2008 Fiscal Year, with a maximum deposit
of $5,000,000.
Trustees Bisogni, Collyer, Kaplan, Mount and Staley voted YES.
Motion by Trustee Mount
Seconded by Trustee Bisogni
Authorizing the clerk to notify the Tompkins County Trust Company of Ithaca, NY of the
following names to be honored on checks for the 2008 official year, with two signatures
required:
Walter R. Lynn, Mayor or Ann Antil, Acting Mayor
Jeffrey Silber, Treasurer or Frank Collyer, Acting Treasurer
Norma R. Manning, Clerk
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
.
Motion by Trustee Collyer
Seconded by Trustee Staley
MOVE to pass Resolution 6257 designating the Ithaca Journal as the official newspaper for the
2008 official year.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
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Motion by Trustee Collyer
MOVE to pass Resolution 6258 establishing the official reimbursement rate for business
mileage to be equal to the I.R.S. standard mileage rate for business travel.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Antil
Seconded by Trustee Kaplan
MOVE to pass Resolution 6259 setting the time for regular meetings of the Village Trustees
and the Village Planning Board for 2008 Official Year (7:00 PM on the third Monday of each
month except: Annual Organizational Meeting, which is the first Monday in April AND in
months when the 3rd Monday is a holiday, the meeting will take place on the Tuesday
following the Monday holiday.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Mount
Seconded by Trustee Kaplan
Move to enter Executive Session at 10:05 P.M. to discuss personnel matters involving a
particular employee.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Mount
Seconded by Trustee Kaplan
Move to end Executive Session at 11:06 P.M.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Bisogni
Seconded by Trustee Kaplan
Motion to pass Resolution 6260 to set the property tax rate of $5.98/m for a total levy of
$1,976,228.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES
Motion by Trustee Staley
Seconded by Trustee Collyer
Motion to pass Resolution 6261 setting the Water Surcharge for the 2007-08 Fiscal Year at 75%.
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Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Kaplan
Seconded by Trustee Bisogni
Motion to pass Resolution 6262 approving the Budget and Salary Schedule for the 2008 Fiscal
Year as amended.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Motion by Trustee Bisogni
VOTED to adjourn meeting at 11:11 P.M.
Trustees Bisogni, Collyer, Kaplan, Mount, and Staley voted YES.
Norma R. Manning
Clerk