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HomeMy WebLinkAbout03-16-2005z&z MARCH 16, 2005 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town. Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Doug Staley from the Cortlandville Fire District; Richard Buttny; Arnold Talentino; Robert Rhodes; Pam Raney; Pam Jenkins representing CAPE; Elizabeth Classen Ambrose; Butch Garvey; Michael May; Lori Riccardi; News Reporter, Eric Mulvihill from WXHC; and News Reporter, Patrick Ruppe from the Cortland Standard; Supervisor Thorpecalled the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Planning Board Minutes of January 25, 2005. All voting aye, the motion was carried. RESOLUTION #61 AUTHORIZE PAYMENT OF VOUCHERS — MARCH 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 #140 - 169 $ 17,386.16 General Fund B B31 - B36 $ 3,519.01 Highway Fund DB D81 - D96 $ 13,009.50 Water Fund W46 - W52 $ 6,357.38 Sewer Fund S23 - S25 $ 1,135.84 Capital Projects H13 - H19 $ 6,321.83 Supervisor Thorpe requested the Board convene to an Executive Session at the end of the Regular Meeting to discuss a personnel matter. Supervisor Thorpe offered privilege of the floor to Arnold Talentino. Arnold Talentino, a resident of the City of Cortland, apprised the Board he is interested in the protection of the aquifer. Mr. Talentino read a letter aloud, which he submitted to the Board, requesting the inclusion of comments from City of Cortland residents when decisions made by the Board affect the protection of the aquifer. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Arnold Talentino regarding aquifer protection. All voting aye, the motion was carried. Supervisor Thorpe offered privilege of the floor to Pam Jenkins. Pam Jenkins, a resident of Cortlandville, and also a representative of Citizens for Aquifer Protection and Employment (CAPE), read a letter aloud which was submitted to the Board. Ms. Jenkins requested clarification of the steps the Board would take to develop a final zone change proposal. She questioned: 1) would the Board hold an open "working meeting" to review comments made at the February 16, 2005 Public Hearing; 2) would a second .public hearing be held; and 3) what the timetable for steps one and two would be. f z(3 MARCH 16, 2005 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Pam Jenkins regarding the steps the Board would take to develop a final proposal to amend the Town Zoning Law. All voting aye, the motion was carried. Attorney Folmer apprised those in attendance he would ask the Board to schedule an open workshop meeting to discuss the proposed Zoning Modifications. The meeting would be open to the public for the purpose of observation; the public would not be able to participate in the meeting. The workshop, which has not yet been scheduled, would be held at a special time rather than at a regular meeting because of the length of discussion that might take place. A second public hearing would be conducted, subsequent to the time that the Board made its determination that the final proposal was done. Attorney Folmer could not answer Ms. Jenkins question regarding a timetable until the workshop was held. Supervisor Thorpe offered privilege of the floor to Nick Renzi. Planning Board member, Nick Renzi read a prepared statement to the Board regarding the Bell Drive drainage problem, as well as a problem he may have as a "down gradient" property owner. At the February 2, 2005 meeting, the Board approved a contract with Clough, Harbour & Associates to review the Bell Drive drainage problem in an amount not to exceed $14,900. Mr. Renzi questioned how the new study would differ from the stormwater evaluation conducted in 1997 by Resource Associates for the Bell Drive culverts drainage basin. He also questioned whether all of the recommendations made by Resource Associates were executed, and if not for what reason. Mr. Renzi read aloud one recommendation made by Resource Associates: "...that standard erosion and sedimentation control measures be required for each building permit issued for construction in the subdivision (Renaissance) and be enforced as part of the building permit process. This would help alleviate many of the problems experienced and perceived by the down gradient property owners." Mr. Renzi stated the recommendation was important to him as a "down gradient" property owner, especially if a house is constructed between the Lopez's and the Barnard's property in the Renaissance Development. He explained that since the construction of the Barnard house, more water runs on his property during heavy rains. Although he has taken steps to decrease the runoff the problem still exists. Mr. Renzi questioned why the recommendation made by Resource Associates was not implemented. Finally, Mr. Renzi requested a copy of the Clough, Harbour & Assocates proposal for the Bell Drive drainage problem and a definition of the scope of work. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Planning Board member, Nick Renzi regarding the Bell Drive drainage problem. All voting aye, the motion was carried. Supervisor Thorpe offered privilege of the floor to Doug Staley. Doug Staley, representing the Cortlandville Fire District, apprised the Board the Fire District is concerned with the proposed increase in allowed building heights. Mr. Staley explained that the heights of the ladders are at designated levels. The Cortlandville Fire District has a 35 ft. ground ladder as well as a ladder truck. However, the ladder truck can only be used if nothing in the surrounding area prohibits the ladder to swing" such as power lines. Mr. Staley apprised the Board there are 50 ft. ground ladders, which require six men to stand it up. Mr. Staley asked the Board to consider keeping the height of residences at 30 ft. On another note, Mr. Staley apprised the Board the Fire District is concerned with the approval of subdivisions without public water. He explained that the I" floor of a 30 x 70 ft. house would require 700 gallons of water per minute to extinguish. The second floor of the house, if it were 30 x 50 ft. would require 500 gallons of water per minute. To control the fire a total of 1200 gallons of water per minute would be required. If public water is not available the fire department would have to utilize the tanker truck which only pumps 500 gallons of water per minute. Mr. Staley explained there would be a problem extinguishing the fire and suggested public water be required for new subdivisions. Mr. Staley questioned the status of providing public water to Polkville. Supervisor Thorpe apprised Mr. Staley the primary reason water has not been provided is due to the cost of the project. MARCH 16, 2005 TOWN BOARD MEETING PAGE 3 Another issue Mr. Staley mentioned was code enforcement and the clean up of the Blodgett Mills area. Mr. Staley was concerned with the abundance of inoperative or unlicensed vehicles in the Blodgett Mills area. Attorney Folmer requested Mr. Staley revert back to discussion of ladder heights. Mr. Staley apprised the Board the ladder heights are 22 ft., 30 ft., and 35 ft. The 35 ft. ladder is the largest one carried on a ladder truck or on a pump. He mentioned that a 35 ft. ladder requires the strength of four men to take it off the truck, set it up, and put it back on the truck. Mr. Staley mentioned the use of sprinklers in homes, especially in areas where there are no hydrants. Councilman Rocco questioned what the City Fire Department does. Mr. Staley stated the City is able to drive right up to a house to fight a fire because there aren't setbacks like homes in the Town. However the City has the same problem trying to swivel the ladder due to power lines. Mr. Staley apprised the Board the ISO rating within a municipality is broken down by hydrant and non -hydrant areas. Using the new subdivision off of Blue Creek Road as an example, Mr. Staley explained it would cost more to insure homes in areas with no hydrants. Sprinklers would be beneficial to homes with no public water, with heights greater than 30 ft., and to homes with high square footage. He explained that houses with 7,000 sq. ft. of living space have to have sprinklers. Councilman Rocco questioned how much sprinklers would cost to install, and whether Mr. Staley was advocating that houses of 40 ft. should be required to have sprinklers. For a $150,000 home, Mr. Staley estimated that sprinklers would cost between $2,000 to $4,000, or 5-10% of the cost of the home. He explained the cost would vary depending on the style of the house. Mr. Staley also mentioned possible insurance savings of 10-25% for homeowners with sprinkler systems. Mr. Staley felt that residences 40 ft. in height should be required to have sprinkler systems because there may be no other way to fight the fire. He explained that when a fighting a fire they find the lowest point, or go to the highest point if the fire is at the low -end. Supervisor Thorpe offered privilege of the floor to Michael May. Michael May, a local contractor, apprised the Board the Building Code allows for houses with a height of 40 ft. He felt that Cortlandville Fire Department's inability to fight a fire at a 40 ft. building was a different concern than the restriction of constructing a 40 ft. residence. He stated the Code allows buildings of such height to be constructed, and there are specific requirements of whether a building requires sprinklers or not. Mr. May apprised the Board he has contacts in the Homeowner's Association and has not heard that sprinklers would be required in the near future. While insurance breaks are available to homeowners who have sprinklers, the decision should be left up to the homeowner. He also stated that sprinklers often cause more damage to a home than a fire does because of sprinkler malfunctions. Mr. May stated there are two issues with height requirements: site lines and safety. The correct type of construction could limit the fire and damage to a home. He felt the freedom of design should be allowed, within reason, based on lot size. The ability to fight fires should change as a community changes and develops. Mr. May suggested the Board obtain factual information rather than relying on the opinions of only a few people. Supervisor Thorpe offered privilege of the floor to Elizabeth Classen Ambrose. Elizabeth Classen Ambrose apprised the Board that Barden Homes did a thorough investigation on increasing the height of residences. According to Mrs. Ambrose, Barden Homes first questioned what the downside of having a 40 ft. home was, and whether it would be safe. Barden Homes contacted the fire department and was told that the fire department is totally equipped to fight a fire in a 40 ft. house. Monthly reports for the Justice for the month of January 2005, and for the Supervisor for the month of February 2005 were on the table for review and are filed in the Town Clerk's office. 2.6s MARCH 16, 2005 TOWN BOARD MEETING PAGE 4 RESOLUTION #62 ACCEPT ANNUAL REPORT OF THE SUPERVISOR FOR THE YEAR 2004 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Supervisor for the year 2004 is hereby accepted and shall be received and filed. RESOLUTION #63 ACCEPT ANNUAL REPORT OF THE TOWN JUSTICE FOR THE YEAR 2004 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year 2004 is hereby accepted and shall be received and filed. RESOLUTION #64 ACCEPT ANNUAL REPORT OF THE TOWN HISTORIAN FOR THE YEAR 2004 Motion by Councilman O'Donnell Seconded by CouncilmanTesta VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Historian for the year 2004 is hereby accepted and shall be received and filed. RESOLUTION #65 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2004 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2004 is hereby accepted and shall be received and filed. RESOLUTION #66 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM DUE TO A MOTOR VEHICLE ACCIDENT Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim for property damage and/or injuries sustained in a motor vehicle accident on February 6, 2005 on Blodgett Mills Road in the Town of Cortlandville. Attorney Folmer reported: Amending Zoning Law for Height Requirements: Based on determinations made at the March 2, 2005 Town Board meeting, Attorney Folmer reported he had three separate suggestions to increase the residential height allowed in the Town. He rejected the first two suggestions made by himself and by Planning Board member, Nick Renzi. The third suggestion made by Code Enforcement Officer, Bruce Weber MARCH 16, 2005 TOWN BOARD MEETING PAGE 5 was utilized. Mr. Weber mentioned that the height restrictions were only being requested in the R1 zone and in residential PUDs. He suggested if the height regulation was changed that the Board do so in only those areas. Mr. Weber also suggested and recommended that the method by which calculations are made to determine height remain the same. In addition, Attorney Folmer spoke with James Trasher of Clough, Harbour & Associates concerning the suggestions. Attorney Folmer reminded the Board the only opinion heard prior to the last meeting was from the Zoning Board of Appeals. The ZBA recommended the height be increased to 35 ft. for parcels that are one acre or less, and increased to 40 ft. for parcels greater than one acre. Attorney Folmer modified the ZBA's recommendation to include only the R-1 zone and the residential PUDs. Based on the information Attorney Folmer drafted a local law that would accomplish both things. Attorney Folmer apprised the Board an amendment to the Zoning Ordinance would have to go through the General Municipal Law referral to the County Planning Board. Once the County's recommendations were made, a public hearing would be held to hear comments about the proposal, which could be modified at any point in time. Attorney Folmer questioned the Board whether they wanted to present the proposal to the County in its present form, or if they wanted to draft another proposal based on comments made by Doug Staley. Attorney Folmer read aloud the proposed draft ordinance. Councilman Pilato questioned whether they could tie in concerns about fire protection and ask for recommendations from the County on such concerns. Attorney Folmer stated he could ask the County, in the document that transmits the proposal, to consider fire protection in their overall review. He could indicate in the referral that a concern was expressed regarding fire protection for buildings 40 ft. high, and ask for the County's recommendation. Councilman Rocco made a motion to forward the proposal to the County for review and recommendations. He suggested the Board research the idea of mandating sprinklers in larger houses. He also stated that the fire department should upgrade its equipment "as we move into the future" if the height allowed for residences is increased. Attorney Folmer agreed that the fire department would have to make changes to accomplish the appropriate fire protection for residences that exceed the current height restrictions. However, the fire district is a separate entity from the Town. The Town does not purchase, order, direct or control the purchase of equipment for the fire department, and does not have any control over its budget. RESOLUTION #67 FORWARD LOCAL LAW - 2005 TO THE COUNTY PLANNING BOARD FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby forward Local Law - 2005, regarding residential height construction, to the Cortland County Planning Board for their review and recommendations. Big Box Development Standards: Attorney Folmer apprised those in attendance the Town has developmental guidelines and standards as part of the current Zoning Ordinance. Development standards that would relate to the construction of big box entities was proposed and has been under consideration for a period of time. Attorney Folmer recommended the Board adopt the Big Box Development Standards, not as a portion of the Zoning Ordinance, but as guidelines to be utilized by the Zoning Board of Appeals and the Planning Board in order to review and pose certain developmental schemes on developers. Attorney Folmer recommended the Big Box Development Standards be adopted as policy rather than as an ordinance because there would be more flexibility. The final draft of the Big Box Development Standards was completed by Clough, Harbour & Associates. Attorney Folmer read aloud the preamble to the document, written by himself, which explains that the "guidelines are intended to express policy considerations supplementing and simplifying design guidelines contained" in the Town's Zoning Ordinance. Attorney Folmer apprised the Board they could adopt the Big Box Development Standards as a formal amendment to the Zoning Ordinance in the future if they chose to do so. z&7 MARCH 16, 2005 TOWN BOARD MEETING PAGE 6 RESOLUTION #68 ADOPT BIG BOX DEVELOPMENT STANDARDS AS A TOWN Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Big Box Development Standards as a Town policy. Bell Drive Drainage Problem: Attorney Folmer answered a question that Mr. Renzi asked concerning the Bell Drive drainage problem. He reported that the difference in the current proposal is that there have been some negotiations conducted with the Cortland Country Club, in which the Town would obtain an easement and construction down the rough of one of the fairways. The easement. would run east and west and hopefully eliminate the necessity of water circulating through the small culvert on Bell Drive. Supervisor Thorpe recalled that the original proposal could not be implemented because the Cortland Country Club was unwilling to give the Town the proper easements. RESOLUTION #69 DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2005 has been designated by the US Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims April as Fair Housing Month in the Town. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the proposed resolution for property tax reform from the G. Jeffrey Haber, Executive Director of the Association of Towns. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from William F. McLorn recognizing Town Highway Department employees Darby Humphrey and Frederick Little. All voting aye, the motion was carried. A copy of the correspondence would be forwarded to both Town employees with a letter from Supervisor Thorpe. A copy would also be placed in their employee files. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file correspondence from Planning Board member, Nick Renzi recognizing Deputy Town Clerk, Kristin Rocco. All voting aye, the motion was carried. A copy of the correspondence would be forwarded to the Town employee, and a copy would be placed in her employee file. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Palma Ward regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. N; MARCH 16, 2005 TOWN BOARD MEETING PAGE 7 Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file correspondence from Sally Kamerling regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Donald Chambers, Superintendent of Highways for the Cortland County, regarding the Town acting as Lead Agency for the Planned Unit Development request of Super Wal-Mart. All voting aye, the motion was carried. RESOLUTION #70 ACCEPT RESIGNATION FROM VALERIE SCHMIDT AS TOWN HISTORIAN EFFECTIVE APRIL 15, 2005 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the notice of resignation of Valerie Schmidt as Town Historian, is hereby accepted, with deep regret, to be effective April 15, 2005, and shall be received and filed. Supervisor Thorpe asked if there was any other business to come before the Board. Councilman Rocco reverted back to Mr. Talentino's concern mentioned at the beginning of the meeting and stated that even though he resides in the City of Cortland he is represented by the Town Board on issues such as the Zoning Modifications and Super Wal-Mart. He assured Mr. Talentino that the Board has the health, safety, and well being of all citizens in the County on their mind. Mr. Talentino stated he has commended the Board in the past for their hard work on all the decisions that they make. The point he wanted to make was that he and other citizens should have a voice even if they are not Cortlandville residents. Attorney Folmer stated he received several phone calls regarding whether or not non- residents should have been permitted to speak at the February 16, 2005 public hearing. He assured Mr. Talentino that comments made by non-residents would be considered as there "are no second class opinions in this project." There was discussion regarding correspondence received and filed from G. Jeffrey Haber, Executive Director of the Association of Towns regarding a proposed resolution for property tax reform. Attorney Folmer apprised the Board that the Association of Towns requested the Town adopt a resolution which would urge the State to find an equitable formula for funding public education. The Board agreed to place the item on the April 61h, 2005 Town Board meeting agenda. No further comments or discussion were made. Councilman Pilato made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 5:50 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. MARCH 16, 2005 TOWN BOARD MEETING PAGE 8 2&9 No action was taken. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:50 p.m. 1 1 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville