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HomeMy WebLinkAboutSpec Mtg. Minutes 4/29/1994VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Z1.9 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 4 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. i 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. i I-n Minutes of Special Meeting - 4/29/94 6 J 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 1