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HomeMy WebLinkAbout2016-01-19 minutes.pdf EXHIBIT 2016-098 page 1 of 17 Minutes VILLAGE OF CAYUGA HEIGHTS Tuesday January 19, 2016 Anderson Fire Station BOARD OF TRUSTEES MONTHLY MEETING 7:00 p.m. Present: Mayor Supron; Trustees: Friend, Marshall, Robinson, Salton, and Woodard; Fire Superintendent Tamborelle; Police Chief Steinmetz; Superintendent of Public Works Cross; Clerk & Treasurer Mangione; Attorney Marcus Not in attendance: Trustee Biloski Call to Order: Mayor Supron called the Public Hearing to order at 7:01 p.m. 1. Public Hearing: Local Law 2016-A Solar Installations (Exhibit 2016-092) Mayor Supron welcomed several students in attendance to satisfy a requirement for A.P. Environmental Science. No members of the public signed up to speak. The Mayor gave a brief history of solar installations in Cayuga Heights including Local Law 2015-2 which established a moratorium on the installation, construction or development of solar energy facilities located on the ground. Proposed Local Law 2016-A (previously identified as 2015-D) supersedes Local Law 2015-2 by establishing conditions for the installation, construction or development of solar energy facilities located either on the ground or on the roof of a structure. The Public Hearing was closed at 7:06 p.m. and the Board of Trustees Monthly Meeting was called to order. 2. Approval of Board of Trustee Meeting Minutes: December 21, 2015 Resolution #7735 BE IT RESOLVED THAT: Minutes of the December 21, 2015 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2016-093. Motion: Trustee Salton Second: Trustee Robinson Discussion: Trustee Salton recalls the use of affected/effected incorrectly. A revision will be made. Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried 3. Report of Fire Superintendent Tamborelle: (Exhibit 2016-094) On Saturday, January 16, there was a sewer back-up into the home at 611 The Parkway. Crews from Police, Fire, and Public Works were quickly at the scene. The CHFD sent seven firefighters and an engine to a large fire in Newfield. The annual mandatory training for all fire company members is coming up. It will recertify everyone for all OSHA required certifications. A recommendation to video sewer lines during an incident is made by Trustee Salton. 4. Privilege of the Floor (PoF): No requests to address the Board are made. EXHIBIT 2016-098 page 2 of 17 5. Kendal Addresses: Re-numbering and additions due to repositioning project In order to assure accurate delivery of mail, the U.S.P.S. requests confirmation from a municipality that new or changed addresses are acceptable. Kendal’s business address remains 2230 N Triphammer Road, Ithaca, NY 14850. It is requested that the new independent apartments be assigned 1001 – 1012 and 2001 – 2012 Savage Farm Drive. Existing skilled nursing units are relocated and an additional thirteen beds are added and request the address designations of 5101 – 5116, 5201 – 5216, and 5301 – 5316. A few existing assisted living units are renumbered from 6 01 – 612 becoming 951 – 962 in order to improve room-number consistency. Resolution #7736 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees accept as written additional and re- numbered address designations at Kendal of Ithaca, Inc. in Exhibit FYE2016-097 and reiterated above. Motion: Trustee Friend Second: Trustee Woodard Discussion: none Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nay & Abstentions: none Motion carried Mr. Governanti expresses thanks on behalf of Kendal for the cooperation and support of the Village of Cayuga Heights, its mayor, board, and professional staff. There will be an official ribbon cutting in the afternoon on February 5th celebrating the opening of new neighborhoods at Kendal. 6. Sewer Back-up at 112 Comstock Road: challenge to insurance claim denial Mr. Graham Gillespie experienced a sewer flow back-up during August 2015. Since there is no proof that any blockage existed in the homeowner’s sewer line, it is assumed that the cause was in the Village’s infrastructure. However, no specific defect could be identified at the time. Attorney Marcus will determine if the “prior notice” statute applies in this situation, although he was doubtful it would. If it is found that it does not, it would give good reason for the Village to go back to the insurance company. Mayor Supron points out that the Village maintains insurance coverage in order to protect residents in these instances. If the current coverage is not adequate then perhaps coverage that does meet this need should be obtained. The Department of Public Works maintains a list of all sewer lines. Every line is “flushed” on a regular basis, except that some pipes that run downhill or have a larger diameter are self-cleaning. The line at 112 Comstock Road is of the self- cleaning type. There are a few known problematic areas that run through more level terrain that the DPW checks frequently. The decision on 112 Comstock is to revisit the insurance company’s denial and delay a decision. 7. Report of the Mayor: This section’s agenda items are addressed in a different order from the published Agenda. a. Discussion of a Draft of Proposed Local Law 2016 -A: A Local Law to Establish Solar Energy Collector Requirements: (Exhibit 2016-092) Concerns of proportionality are addressed. Instead of including a calculation to determine solar panel size based on lot size, the law stipulates 500 square feet. Homeowners who desire larger installations can appeal to the ZBA for a zoning variance. There is no exemption from SEQR for a local law of this nature. Attorney Marcus led the Trustees through the NYS Short Environmental Assessment Forms as required. The completed and signed documents appear on the following five pages. EXHIBIT 2016-098 page 3 of 17 EXHIBIT 2016-098 page 4 of 17 EXHIBIT 2016-098 page 5 of 17 EXHIBIT 2016-098 page 6 of 17 EXHIBIT 2016-098 page 7 of ? EXHIBIT 2016-098 page 8 of 17 Resolution # 7737 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the Short Environmental Assessment Form Parts 1, 2, and 3 as represented above and finds that the proposed action will not result in any significant adverse environmental impact. Motion: Trustee Woodard Second: Trustee Salton Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried The Board of Trustee sees a positive effect on the environment by enactment of the following proposed local law. Resolution # 7738 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Local Law 2016-A: To Establish Solar Energy Collector Requirements as follows. Motion: Trustee Salton Second: Trustee Friend Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried A LOCAL LAW TO ESTABLISH SOLAR ENERGY COLLECTOR REQUIREMENTS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT It is the intent of this Local Law to facilitate the use of solar energy collectors to encourage the development of renewable energy sources, but also to recognize that regulation of the installation, location maintenance and operation of solar collectors are matters of public importance involving issues of safety, neighborhood character, and possible depreciated property values by reason of improperly installed, located, maintained or operated collectors. The purpose of this Local Law is to establish requirements for the installation, location, maintenance and operation of solar collectors on properties in the Village of Cayuga Heights (the “Village”). SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III GENERALLY APPLICABLE STANDARDS A. All solar energy collectors installed in the Village shall be subject to the following requiremen ts: 1. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through “net metering” or “net billing” or a similar program in accordance with New York Public Service Law 66 -J or similar State or federal statute; and 2. Solar collectors shall be designed, located, and tilted to minimize reflectiv e glare toward vehicles on adjacent roads and to the extent practicable toward inhabited buildings on adjacent properties; and 3. Solar energy collectors shall be located in locations and configurations that mitigate their visibility from surrounding properties to the extent practicable; and 4. Solar energy collectors shall be considered structures for the purpose of compliance with Village laws and ordinances, shall require a building permit and certificate of occupancy issued by the Village’s Code Enforcement Officer, and shall comply in their design, construction, and operation with all other Village laws and ordinances, EXHIBIT 2016-098 page 9 of 17 unless specifically excluded by this Local Law. B. Roof mounted solar collectors are permitted in all zoning districts in the Village, subject to the following requirements: 1. The area covered by collectors shall not exceed eighty (80%) percent of the entire roof area; 2. There shall be a minimum set back from all roof edges in accordance with New York State Building Code; 3. On a pitched roof, collectors shall be mounted no more than twelve (12) inches above the nearest adjacent roofing surface to which they are affixed and shall not extend beyond the highest point of the roof; and 4. On a flat roof, collectors shall be installed in a manner and to a maximum height not to exceed three (3) feet above the nearest adjacent roofing surface that minimizes their visibility from surrounding properties and roads, without hindering energy production. C. Ground-mounted solar collectors are permitted as an accessory use in all zoning districts of the Village, subject to the following requirements: 1. Collectors shall be located in side or rear yards; 2. Collector locations shall meet all applicable setback requirements of the zoning district in which they are located; 3. The height of any collector and any mount shall not exceed 15 feet from ground elevation at any point when oriented at maximum tilt; 4. The total footprint on the ground of all such collectors on any one lot shall n ot exceed 500 square feet; 5. The area beneath any collector shall be included in the calculation of lot area coverage; 6. No collector may be sited within a riparian streamside buffer or any buffer required for some other conservation purpose; 7. Such installations should employ where practicable vegetative landscape screening and man-made screening methods which harmonize with the character of the property and surrounding neighborhood to minimize collector and mount visibility from adjacent properties and roads; 8. Installations should minimize view blockage from and shadow impacts on neighboring properties; 9. Installations must be performed by a qualified solar installer; 10. When solar storage batteries are included as part of the solar collector system, they must be pl aced in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations; 11. If a collector ceases to perform its originally intended function for more than twelve (12) consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities by no later than ninety (90) days after the end of the twelve (12) month period; and 12. For a project that requires site plan approval, and which also includes the installation of ground -mounted solar collectors, the site plan review shall include review of the adequacy, location, arrangement, size , design, and general site compatibility of any proposed collector. SECTION IV APPEAL In the event that any owner of any property located in the Village determines that they are aggrieved by the requirements of this Local Law, said owner may apply to the Village’s Board of Zoning Appeals to seek an area variance for the construction EXHIBIT 2016-098 page 10 of 17 of a solar collecting facility on their property, and the Board of Zoning Appeals shall review such appeal in accordance with the procedural and substantive requirements of an area variance appeal. SECTION V PENALTIES FOR OFFENSES AND ENFORCEMENT Any person who, themselves or by an agent or employee, shall violate any of the provisions of this Local Law, shall be guilty of a violation and subject to a fine of not less than $100 and not more than $500 per offense. Each day’s viola tion shall constitute a separate offense. The terms of this Local Law will be enforced by the Village’s Code Enforcement Officer. SECTION VI SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Ordinance of the Vi llage of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION VII PARTIAL INVALIDITY In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VIII EFFECTIVE DATE This Local Law shall be effective immediately upon filing in the office of the New York State Secr etary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village C lerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. b. 511 Kline Road: Mayor Supron presented an overview on the issue of right-of-way infringement at the 511 Kline Road property. She avers that the question can be divided into three sections and decisions made upon each rather than approach it as one concern. There has been significant discussion among and between committee members, officials, and trustees to gain a thorough understanding of local laws and ordinances guiding any decisions. The three issues are: t he overhang, the arched trellis, and vehicle parking. The owners are in compliance with the Village’s no overnight parking laws. Since this is not a No Parking zone, parking on the street during the day is legal. She continues by suggesting that addressing parking in that area may be a future topic. Trustee Friend presented opinions sent to her. The first comments shared are from Fred Cowett, Chair of the Planning Board quoting from the Village’s Comprehensive Plan. Recommendation 1.5 in the Transportation section of the Comprehensive Plan which the Trustees voted to adopt states: Maintain the efficiency and attractiveness of Village streets by establishing better controls on parking in front yard areas and within Village street rights-of-way. Zoning, which affects private property use, cannot address parking in the ROW. Local law passed by past BOTs regulates parking throughout the Village. Some discussion on parking in that area continues and concludes with the agreement that should parking regulations change in the future that past parking practice will not grandfather permission and the property owner will have to comply with any new regulations. A letter submitted by Jack Young, Chair of the Zoning Board of Appeals is read into the record as follows. EXHIBIT 2016-098 page 11 of 17 . It is agreed that the Board will address the issues of the trellis and the overhand separately. Attorney Marcus has previously confirmed that the length of time that the trellis has been in its current location does not have any bearing on the Board’s consideration of this issue, because the property owner has no rights to maintain any improvements in the Village’s road right-of-way. There is agreement that the trellis presents an impediment to pedestrian safety if one needs to get off the roadway due to traffic. Resolution # 7739 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees agrees that the trellis located in the right-of- way at 511 Kline Road is to be removed by the property owners as soon as practicable. Motion: Trustee Robinson Second: Trustee Woodard Ayes: Trustees Friend, Marshall, Robinson, and Woodard Nays: Trustee Salton Abstentions: none Motion carried EXHIBIT 2016-098 page 12 of 17 Regarding the overhang on the owner’s property, the Zoning Board of Appeals has granted permission to the property owners for that portion of the overhang in the set -back to remain. A more complete explanation of the events leading to the mistaken impression by the owners that permission had been granted as part of a building permit review can be found in Meeting Minutes from the Board of Trustee Meeting held on December 21, 2015. The portion of the overhang in the Village’s right-of-way does not present an impediment to pedestrians. A remedy exists in the form of a revocable license including indemnification of the Village for any damages arising from presence of the overhang in the right -of-way. Attorney Marcus has prepared a sample license document for the Board’s review. EXHIBIT 2016-098 page 13 of 17 EXHIBIT 2016-098 page 14 of 17 EXHIBIT 2016-098 page 15 of 17 Resolution # 7740 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees agrees to grant the owners of 511 Kline Road a revocable license to retain the existing overhang in the right -of-way contingent on the Village’s indemnification from damage claims. Motion: Trustee Friend Second: Trustee Salton Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried EXHIBIT 2016-098 page 16 of 17 8. Report of the Trustees No items to present 9. Report of Chief Steinmetz: (Exhibit FYE2016-095a, b, c) No questions on submitted reports. 10. Report of Superintendent of Public Works Cross: (Exhibit FYE2016-096) As referenced in the submitted report, the Village is a member of the Tompkins County Stormwater Coalition. The sub - contract to the Tompkins County Soil and Water Conservation District is up for renewal and per Coalition by-laws each member municipality must sign the agreement. Resolution # 7741 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Mayor Supron to sign the Tompkins County Stormwater Coalition intermunicipal agreement renewing the contract with the Tompkins County Soil and Water Conservation District for administrative services. Motion: Trustee Robinson Second: Trustee Friend Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Constellation Energy Contract Renewal The Village of Cayuga Heights as a member of the Municipal Electric and Gas Association (MEGA) has contracted with Constellation Energy for the previous year on a fixed price contract. This contract has expired and a new fixed price contract has been offered. More detailed information is to be gathered and presented at the February Board of Trustees Meeting before a decision can be reached. Stormwater Regulation: Solomon Property Trustees are in receipt of a complaint regarding redirection of stormwater by a neighbor of the Solomons onto their property. It is determined that there is no enforceable stormwater regulation that applies in this situation. Village officials have offered to facilitate a discussion between the neighbors ; this meeting may take place in the spring. NYS Department of Transportation: Tompkins County Traffic Accident Data Police Chief Steinmetz asks for clarification regarding the designation of Pleasant Grove Road as having the highest number of accidents (21 in the 5 years studied) and the worst intersection o f Cayuga Heights Road at Devon Road (8 in the study period). The countywide study may not correctly specify Pleasant Grove Road since a portion of it is outside the village boundary. Superintendent Cross will send the full report to the Board and to Department Heads. 10. Report of Clerk & Treasurer Mangione (Exhibits 2016-097a) a. Re-approval of December Abstract – no change in the amount, revision to voucher #476 (decrease by $4.65) and addition of voucher #552 for $4.65 Resolution # 7742 BE IT RESOLVED THAT: Abstract #7 for FYE2016 consisting of TA vouchers 56 - 63 in the amount of $16,031.06 and Consolidated Fund vouchers 458 - 552 in the amount of $160,291.14 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried b. Approval of January Abstract – Resolution # 7743 BE IT RESOLVED THAT: Abstract #8 for FYE2016 consisting of TA vouchers 64 - 73 in the amount of $17,239.14 and Consolidated Fund vouchers 552 - 622 in the amount of $243,702.62 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried EXHIBIT 2016-098 page 17 of 17 There is an apparent conflict since each of these abstracts contains a Voucher 552. Abstract #7 Voucher 552 is written to Kellogg Auto Supply for $4.65. Abstract #8 Voucher 552 is written to Verizon Wireless for $95.04. There is no edit in the accounting program to prevent creation of the same numbered voucher on different abstracts. 11. Report of the Attorney: No additional topics to discuss 12. Executive Session Resolution # 7744 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is deemed appropriate by virtue of §105 of the NYS Open Meeting Law subsection (f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or co rporation. Motion: Trustee Robinson Second: Trustee Woodard Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution # 7745 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is ended and returned to Open Session. Motion: Trustee Robinson Second: Trustee Salton Discussion: none Ayes: Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried The meeting of the Village of Cayuga Heights Board of Trustees is adjourned by Mayor Supron at 10:32 p.m.