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DECEMBER 27, 2006
9:00 A.M.
SPECIAL TOWN BOARD MEETING
The Special Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Scott Smith
and Walt Kalena from Clough Harbour & Associates, LLP.; Planning Board Member, Nick Renzi;
Barbara Tupper; Representatives of C.A.P.E.: Robert Rhodes, and Grace Meddaugh; Jo Schaffer,
City of Cortland Planning Commission; and News Reporter, Evan Geibel from the Cortland
Standard.
Supervisor Tupper called the meeting to order.
Attorney Folmer explained to those in attendance that the Public Hearing scheduled for
this morning regarding the Proposed Revised Zoning Ordinance was postponed at his request.
He explained that the wrong version of the ordinance was submitted to the Board for the public
hearing. Three basic changes were made to the Proposed Revised Zoning Ordinance:
1. Page 1 — Increase percent allowable maximum lot coverage in Wellhead Protection
Zone 2 and Outside Wellhead Zones from 65% to 70%.
2. Page 10 — Dimensional Requirements — Increase floor area of commercial, retail,
professional or business use from 100,000 to 175,000 square feet.
3. Add three provisions regarding lot coverages:
1) Developed properties or sites in existence on the effective date of this
Ordinance that change ownership with no change in the size of an existing
building, structure, parking lot and/or driveway shall be exempt from the lot
coverage provisions of this article.
2) Existing buildings which are completely demolished and rebuilt shall comply
with the provisions of this article.
3) For any properties that do not presently conform to lot coverages required by
this ordinance any change in the physical size of an existing building or paved
parking lot or driveway that increases the impervious surface by 500 square
feet or more shall provide increased greenspace in accordance with the
provisions of this Article. (i.e., if a building in the la Zone where 50% lot
coverage is allowed is expanded by 1000 square feet, 500 square feet of
greenspace shall be provided on the site.)
Attorney Folmer questioned whether the Board wanted him to include the three provisions in the
ordinance. If so, Attorney Folmer would make the appropriate changes, publish a new legal
notice, post the correct copy on the Internet, and schedule a public hearing for the correct
version.
Robert Rhodes, representative of C.A.P.E., questioned the date and time the public
hearing would be held; whether the percent lot coverages would be published in the legal notice;
and whether the maximum dimensional requirements would be published in the legal notice.
Attorney Folmer explained that a public hearing date and time was not yet scheduled.
Although the legal notice was not drafted yet, information on lot coverages and dimensional
requirements would either appear in the legal notice, or a reference would be made to them.
Dr. Rhodes questioned whether any other substantial changes were made to the proposed
ordinance. He also questioned when a copy of the proposed ordinance would be available.
Attorney Folmer did not believe other substantial changes were made. The document
would be available at the Town Clerk's office when the legal notice is published. The document
would also be posted on the Town's website.
The Board continued to discuss the proposed ordinance with regard to lot coverage and
the percent of greenspace required for a new development or an existing development.
Councilman Proud voiced his concern about lot coverage and greenspace in Wellhead
Zone 1 a, and protecting the zone as much as possible. He commented on pre-existing structures
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DECEMBER 27, 2006 SPECIAL TOWN BOARD MEETING PAGE 2
in Zone 1 a and the possibility of a property owner expanding the development. If an existing
building was expanded by 1000 square feet, 500 square feet of greenspace would have to be
provided on the site. Councilman Proud questioned whether there was anything that could be
done to create more greenspace on an existing property.
Attorney Folmer stated he spoke with Clough Harbour & Associates regarding the issue,
and they discussed the possibility of requiring greenspace in increments. If there were a series of
renovations the property would eventually end up at the required 50%. However, it did not seem
fair or equitable to require the property owner to provide 50% greenspace of the total site if they
were only going to add 1000 sq. ft. to the existing building. In that case 500 sq. ft. of greenspace
would be required.
Discussion continued regarding greenspace requirements. Attorney Folmer offered
examples of how greenspace could be added to existing sites.
Councilman Testa questioned how many undeveloped lots were left in the Town.
Planning Board member, Nick Renzi commented that he and the Cortland County
Planning Department were working together to determine the number of lots in different zones
and the area/acreage of the lots.
RESOLUTION #235 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
General Fund B
Highway Fund DA
Highway Fund DB
Water Fund
Sewer Fund
Trust & Agency
Capital Projects
Special Grant
Vouchers #591 - 618
$
68,433.48
B 123 - B 123
$
455.75
DA2 - DA4
$
2,297.52
D547 - D571
$
23,101.08
W247 - W260
$
9,200.62
5125 - 5128
$
1,439.24
T13 - T13
$
1,621.18
H34 - H41
$397,085.59
SG35 - H36
$
9,420.43
RESOLUTION #236 AUTHORIZE PAYMENT OF VOUCHERS - FINAL 2006
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A Vouchers #619 - 631 $ 2,795.44
General Fund B B 124 - B 127 $ 2,288.26
Highway Fund DB D572 - D585 $ 84,456.43
Water Fund W261 - W271 $ 4,185.29
Sewer Fund S 129 - S 129 $ 443.25
Capital Projects H42 - H44 $ 4,649.00
Under Communications, Councilman Proud questioned what the Board would be doing
regarding the required training for Planning Board and Zoning Board of Appeals members.
Nick Renzi apprised the Board that 4 hours of training was required per year for Planning
and Zoning Board members. Dan Dineen, Director of the Cortland County Planning
Department, would conduct the training locally.
Supervisor Tupper offered privilege of the floor to those in attendance.
Nick Renzi thanked Town Clerk Snyder and Deputy Town Clerk, Kristin Rocco-Petrella
for their cooperation, hard work, and professionalism throughout the year.
DECEMBER 27, 2006 SPECIAL TOWN BOARD MEETING PAGE 3
On another note, Mr. Renzi commented that the Town has 2 weeks from the date of a
Town Board Meeting to submit the Minutes. He stressed the importance of completing the
Minutes and submitting them on time.
Supervisor Tupper explained that the Minutes are initially submitted in draft form until
the Town Clerk can review the draft and make appropriate changes. The final Minutes are
submitted to the Board and formally approved.
Highway Sup't. Carl Bush requested authorization to purchase a loader from the New
York State Bid List. The new loader would replace a 1999 Daewoo loader, and would cost no
more than $130,000.00. The 1999 Daewoo would go to public auction along with a 1998 Dodge,
and a 1993 Ford.
RESOLUTION #237 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A LOADER
FROM THE NEW YORK STATE BID
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't Carl Bush
to purchase a Loader from the New York State Bid list in an amount not to exceed $130,000.00,
and it is further
RESOLVED, the Loader will replace a 1999 Daewoo Loader, serial number 1144, that will go to
public auction along with a 1998 Dodge and a 1993 Ford.
Attorney Folmer reported:
Bond Anticipation Note:
Attorney Folmer apprised the Board there would be a closing on a Bond Anticipation
Note at the end of the week for the Cortlandville Starr Road Park & Recreation Center.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the
Special Meeting to an Executive Session to discuss a personnel matter. All voting aye, the
motion was carried.
The meeting was recessed at 9:30 a.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Executive Session and reconvene to the Special Meeting. All voting aye, the motion was carried.
No action was taken.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Special Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 11:00 a.m.
Respe tfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville