HomeMy WebLinkAbout04-02-20087.2
APRIL 02, 2008 7:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2008
AMENDMENT TO LOCAL LAW NO. 1 OF 2007
ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE
UNIFORM FIRE PREVENTION ANDBUILDING CODE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond:G, Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding an
amendment to Local Law No. 1 of 2007, Administration and Enforcement of the New York State
Uniform Fire Prevention and Building Code, which would delete any unnecessary language and
also add enforcement provisions.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Absent: Councilman, Edwin O'Donnell
Others present were: Town Attorney, John B. Folmer; Walt Kalena from Clough,
Harbour & Associates LLP; Tom Gillson, Executive Director of the Cortland County IDA;
Representatives of C.A.P.E.: Robert Rhodes, Ron Powell; Rev. Matthew Smith; Dean and
Barbara Miller; Dianne Garner; Mary and Charles Willcox; Teri and Gordon Ivory; Karl Shilliff;
Rev. Jim and Pam Hurdley; Phil Chapman; James Chapman, Thomas and Theresa Loy; Mary
and Ray Dunham; Jackie L. Parker; Marilyn and George Wagner; Karen Haight; David Metzger;
Mary Kirkeyland; Janet Rauf; Kim Zann; Bernie Heath; Dan Gustafson; Rev. Dave Coy; Cathy
Lawrence; Martha Gillette; Gerry (?); Charles Johnson; Bruce Buchanan; Marjorie and Larry
Robinson; Pastor John B. (?); Stephen Payne; J. Wood; Tina and Gary Brandel; Margie and John
Sargent; Elizabeth Metzger; Debbie Moss; S. E. King; N. Metzler; Hugh Northup; Cody R. (?);
Greg Leach; Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to Reverend Matthew Smith.
Reverend Matthew Smith, Pastor at First Baptist Church in the Town of Cortlandville,
apprised the Board he was concerned with the proposed amendment to Local Law No. 1 of 2007.
He stated he was opposed to removing Alternative 2 of the Local Law that reads, "(e) Duration
of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, or
suspended." Instead, he requested the Board amend the Local Law by removing Alternative 1
that reads, "(e) Duration of Operating Permits. Operating permits shall be issued for such period
of time, not to exceed one year in the case of any Operating Permit issued for an area of public
assembly."
Rev. Smith addressed the issue concerning churches, and stated that requiring churches to
file yearly operating permits was excessive and intrudes upon his First Amendment rights
guaranteed by the Constitution of the United States and the Constitution of the State of New
York. Rev. Smith stated he was not opposed to ensuring that buildings were safe for those who
assemble to worship, but felt that an operating permit was redundant with regard to the NYS Fire
& Safety standards that churches already abide by. He stated the yearly operating permits would
not increase safety standards nor produce any new benefits. The only new features were the
permit fees and added beaurocratic regulation of churches. He was concerned that because the
fees are established by the Town Board they could be changed at any time. Rev. Smith felt that
the operating permit and fees were a "backdoor taxation of churches," and that it was an
infringement and intrusion upon ones constitutional rights.
Rev. Smith apprised the Board the State regulation requiring buildings with a public
assembly load of 100 or more to have an operating permit was being challenged at the state level
by New Yorkers for Constitutional Freedom. He noted that because it was being challenged,
Section 18, Partial Invalidity, was added to the Local Law, which states, "If any section of this
local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate the remainder of this local
law."
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APRIL 02, 2008 PUBLIC HEARING NO. 1 PAGE 2
Rev. Smith reiterated his opposition to. deleting Alternative 2 from the Local Law, and
recommended that if churches were required to have an operating permit, that the fees for
churches be waived. He noted that the state does not mandate fees. He also recommended that
the duration of the permit for churches should be indefinite unless suspended for specific NYS
Fire Safety Code violations, as the state does not mandate the duration of the operating permit.
Rev. Smith provided the Board with his comments.
Supervisor Tupper offered privilege of the floor to those in attendance.
Bernie Heath voiced his concerns regarding the proposed amendments to Local Law No.
1 of 2007. He agreed with Rev. Smith's comments and suggested there be an exception with
regard to operating permits for places of public assembly such as assembly halls, churches,
religious organizations, granges, libraries, hotels. He suggested the Board either change the
wording of the proposed amendment or eliminate the fees.
Pastor John, representing the Bridge to New Life Wesleyan Church in Cortland, New
York, introduced himself to the Board and stated he was also concerned with the operational
permits. He hoped that the Board's decision would be constitutional.
Reverend Jim Hurdley, Pastor of the Emmanuel Baptist Church in the Town of
Cortlandville, apprised the Board that Pastor Smith was the spokesperson for the group, and that
the members of his Church were in total agreement with his comments and concerns.
Pastor Bruce Buchanan from the Berean Bible Church, and taxpayer of the Town of
Cortlandville, stated he recognized and appreciated the responsibility the Board has to provide
for the public safety of the residents in the Town. He reiterated Pastor Smith's concerns
regarding the renewal of the operating permits.
Charlie Keen, resident of the Town, apprised the Board that he agreed with all of the
comments made this evening.
Charlie Willcox, Town Board Member of the Town of Solon for the past 20 years, stated
that he understood the Board's responsibility, but asked that they take the comments into
consideration.
No further comments or discussion were heard from those in attendance.
Supervisor Tupper stated that he and the Board would take all of the comments into
consideration. He apprised those in attendance that the Board had been working on the Local
Law for the past two years, and that the Town of Cortlandville was one of the first towns in the
State to enact the NYS Uniform Fire Prevention and Building Code Ordinance. He stated that
Town prided itself on being in compliance with the State Law, but assured those in attendance
that they would discuss the concerns with the Town Attorney.
Attorney Folmer congratulated all those in attendance and stated that in all the years he
served the Board as Town Attorney, he had never attended a better public hearing.
Attorney Folmer respectfully disagreed with the constitutionality issues that were
mentioned, because the 'Town has the authority to deal with public safety. It was his opinion that
the Local Law was aimed at public safety, and is not in any way intended to restrict the right of
people to assemble. The purpose was to ensure that when assemblies take place that they do so
in a safe environment. Attorney Folmer stated he would defer to the judgment of those attorneys
who participated in the draft local law, which was provided to towns for adoption.
With regard to fees, Attorney Folmer stated that the fees represent nothing more than the
time and effort that the Town puts forth to process applications, as well as what the Town pays
for the inspection by Atlantic Inland. He agreed with Rev. Smith's statement that the fees could
be changed at any time by Town Board resolution. The fee set forth today was $100 and $25 for
renewal. Similar to the fee for a drivers license or a fishing license, the fees are subject to
change.
Attorney Folmer stated he would recommend that the Board defer action on the proposed
amendment to the Local Law. He stated he was aware of the fact that in the labor law there is a
definition of public assembly, and was also aware of the exceptions that exist. For some reason,
the exceptions were not carried forward into the particular regulation. Attorney Folmer was not
sure why.
Attorney Folmer stated he was aware that Senator Seward's office was contacted
concerning this issue, and that the Senator was in the process of contacting the Department of
APRIL 02, 2008 PUBLIC HEARING NO. 1 PAGE 3
73
State regarding why a definition was not included. Attorney Folmer stated he was concerned
about granting an exception for fees or requirements for churches or any other not -for -profit
organization. The argument could be made that if the Town waived fees for churches then it
would be giving an advantage to a church that another organization did not enjoy. By granting
such advantage, the question could arise as to whether the Town was participating in the
establishment of religion, which was prohibited.
Therefore, Attorney Folmer stated he would suggest the Board defer action until he had a
chance to discuss the reason why the labor law exclusion was not included in the regulation. If it
should not have been .included, they could explain the reason why.
Councilman Rocco questioned whether Rev. Smith was more concerned with the fee
associated with the operating permit, or with the constitutionality of the ordinance.
Rev. Smith stated he was mainly concerned with the Town granting an operating permit,
and giving the church permission to operate. He suggested that the regulation was redundant and
excessive since regulations are already followed.
Councilman Rocco questioned whether the Town could override the State regulation for a
yearly operating permit.
Attorney Folmer apprised the Board the State offered two options: an annual operating
permit or an indefinite operating permit. Based on the recommendation made by the Town Code
Enforcement Officer, Alternative 1 was preferred. Attorney Folmer also stated that the term
"operating permit" was a very poor choice of language in the regulation.
Councilman Testa questioned whether the Town waived fees for churches in the past.
Attorney Folmer could not recall, but reported that CEO Williams had a pending building
permit for a church that was prepared to pay a building permit fee of over $1,700.00.
No further comments or discussion were heard.
The Public Hearing was closed at 7:30 p.m.
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APRIL 02, 2008
7:30 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW OF 2008
AMENDMENT TO ARTICLE XI PLANNED UNIT DEVELOPMENT
OF THE ZONING LAW OF THE TOWN OF CORTLANDVILLE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding an
amendment to Article XI Planned Unit Development of the Zoning Law of the Town of
Cortlandville. Is
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Absent: Councilman, Edwin O'Donnell
Others present were: Town Attorney, John B. Folmer; Walt Kalena from Clough,
Harbour & Associates L LP; Tom Gillson, Executive Director of the Cortland County IDA;
Representatives of C.A.P.E.: Robert Rhodes, Ron Powell; Rev. Matthew Smith; Dean and
Barbara Miller; Dianne Garner; Mary and Charles Willcox; Teri and Gordon Ivory; Karl Shilliff;
Rev. Jim and Pam Hurdley; Phil Chapman; James Chapman, Thomas and Theresa Loy; Mary
and Ray Dunham; Jackie L. Parker; Marilyn and George Wagner; Karen Haight; David Metzger;
Mary Kirkeyland; Janet Rauf; Kim Zann; Bernie Heath; Dan Gustafson; Rev. Dave Coy; Cathy
Lawrence; Martha Gillette; Gerry (?); Charles Johnson; Bruce Buchanan; Marjorie and Larry
Robinson; Pastor John B. (?); Stephen Payne; J. Wood; Tina and Gary Brandel; Margie and John
Sargent; Elizabeth Metzger; Debbie Moss; S. E. King; N. Metzler; Hugh Northup; Cody R. (?);
Greg Leach; Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to Ron Powell.
Ron Powell, representing C.A.P.E., commented that according to Section 178-54(C)(3), it
states "Commercial. (3) A single commercial use or structure shall not exceed 30,000 SF of
gross floor area." He questioned whether the same language would apply to a commercial
project within a mixed -use PUD.
Attorney Folmer suggested that Walt Kalena, engineer from the Town's engineering
consulting firm, Clough Harbour & Associates, answer Mr. Powell's questions.
Walt Kalena stated the original intent was for the commercial and industrial uses to
include mixed -use PUD's, and suggested the Board alter the language to include mixed -use
PUD.
Mr. Powell read Section 178-54 (E)(7) Lighting. He commented that if the purpose of
such section was to minimize light pollution, then he was in agreement.
Supervisor Tupper offered privilege of the floor to those in attendance.
No further comments or discussion were heard.
The Public Hearing was closed at 7:35 p.m.
APRIL 02, 2008
7:35 P.M.
755
1
TOWN BOARD MEETING
The Regular 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:
Absent:
Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Councilman, Edwin O'Donnell
Others present were: Town Attorney, John B. Folmer; Walt Kalena from Clough, Harbour
& Associates LLP; Tom Gillson, Executive Director of the Cortland County IDA; Representatives
of C.A.P.E.: Robert Rhodes, Ron Powell; Rev. Matthew Smith; Dean and Barbara Miller; Dianne
Garner; Mary and Charles Willcox; Teri and Gordon Ivory; Karl Shilliff, Rev. Jim and Pam
Hurdley; Phil Chapman; James Chapman, Thomas and Theresa Loy; Mary and Ray Dunham;
Jackie L. Parker; Marilyn and George Wagner; Karen Haight; David Metzger; Mary Kirkeyland;
Janet Rauf; Kim Zann; Bernie Heath; Dan Gustafson; Rev. Dave Coy; Cathy Lawrence; Martha
Gillette; Gerry (?); Charles Johnson; Bruce Buchanan; Marjorie and Larry Robinson; Pastor John B.
(?); Stephen Payne; J. Wood; Tina and Gary Brandel; Margie and John Sargent; Elizabeth Metzger;
Debbie Moss; S. E. King; N. Metzler; Hugh Northup; Cody R. (?); Greg Leach; Eric Mulvihill from
WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Minutes of March 6, 2007 as written. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Minutes of January 16, 2008 as written. All voting aye, the motion was carried.
RESOLUTION #75 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #178 - 203
$
86,369.56
General Fund B
B34 - B40
$
18,096.72
Highway Fund DB
D105 - D113
$
41,987.43
Trust & Agency
T4 - T4
$
32,877.81
Water Fund
W74 - W84
$
6,033.38
Sewer Fund
S36 - S37
$
2,249.44
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman and Historian Rocco invited the public to attend the Cortland County
Bicentennial celebration on Tuesday, April 8, 2008 from 6-9 p.m. at the Cortland Jr./Sr. High
School.
Eric Mulvihill announced there would also be a "stamp -canceling" event held at the
Suggett House on Homer Avenue to commemorate the Bicentennial.
Monthly reports of the Town Clerk, Tax Collector, Water & Sewer Department, and the
Code Enforcement Office for the month of March 2008, and for the Supervisor for the months of
January and February 2008, were on the table for review and are filed in the Town Clerk's
office.
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 2
Under Communications, Councilman Proud informed the Board he received a phone call
from Glen Reisweber on behalf of the Lime Hollow Nature Center's Visitor Center concerning
the lighting on McLean Road and specifically in front of the new Visitor Center. Mr. Reisweber
requested an additional streetlight be installed near the driveway entrance of the Visitor Center
located at 338 McLean Road. Councilman Proud requested the Board authorize the installation
of an additional streetlight on McLean Road. Also, according to Highway Sup't. Bush, a pole
was available for the installation of another streetlight.
RESOLUTION #76 AUTHORIZE HIGHWAY SUP'T. TO PETITION NATIONAL
GRID TO INSTALL AN ADDITIONAL STREETLIGHT ON
MCLEAN ROAD
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board received a request from Glen Reisweber on behalf of the Lime
Hollow Nature Center's Visitor Center, to install an additional streetlight near the driveway
entrance of the facility located at 338 McLean Road due to safety concerns, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to
petition National Grid to have an additional streetlight installed on the available pole located at
338 McLean Road.
Councilman and Historian Rocco informed the Board he has received numerous phone
calls from all over the country regarding historical records from the early to mid 1800s in the
Town. He also urged residents of Cortland County who may have historical records that would
interest the Town to contact him personally or to leave their unwanted records at the Town Hall.
Councilman Rocco also mentioned that the Town is missing a Town Board Minute Book
from the 1940s, which is very valuable to the Town. If anyone had information regarding the
whereabouts of the Minute Book, he requested that they contact the Town Clerk.
RESOLUTION #77 TABLE ACTION ON LOCAL LAW OF 2008 — AMENDMENT
TO LOCAL LAW NO. 1 OF 2007 - ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2008 —
Administration and Enforcement of the New York State Uniform Fire Prevention and Building
Code, until the April 16, 2008 Town Board Meeting.
There was discussion regarding the amendment to Article XI Planned Unit Development
of the Zoning Law of the Town of Cortlandville.
Walt Kalena, Clough Harbour & Associates, requested the Board clarify the language on
page 2 of the revised ordinance to read as follows:
Section 178-54:
C. Commercial
(3) A single commercial use or structure within a commercial planned development or mixed -use
PUD shall not exceed 30,000 SF of gross floor area.
D. Industrial
(4) A single industrial use or structure within an industrial planned development or mixed -use
PUD shall not exceed 100,000 SF of gross floor area.
With regard to Mr. Powell's concerns regarding lighting, Mr. Kalena stated that the language
was already included in the ordinance.
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 3
Attorney Folmer and the Board conducted the SEQRA review regarding the amendment
to Article XI Planned Unit Development of the Zoning Law of the Town of Cortlandville. The
Board agreed to clarify the language in Section 178-54 (C)(D) as Walt Kalena suggested.
Because the change in language would not be a significant change there was no need to conduct
another public hearing.
RESOLUTION #78 DECLARE NEGATIVE IMPACT FOR
LOCAL LAW NO.2 OF 2008
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law No. 2 of 2008, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No. 2
of 2008 shall have no significant environmental impact.
RESOLUTION #79 ADOPT LOCAL LAW NO. 2 OF 2008 AMENDING ARTICLE
XI PLANNED UNIT DEVELOPMENT OF THE ZONING LAW
OF THE TOWN CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman O'Donnell
Absent
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending Article XI Planned Unit Development of the Zoning Law of the Town of
Cortlandville, and
WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 2 of 2008, amending Article XI Planned Unit Development of the Zoning
Law of the Town of Cortlandville, a copy of which is attached hereto and made part hereof, and
the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the
Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said
Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 178-52 A is amended to read as follows:
A. General. To provide a degree of flexibility in land use and to encourage imagination and
innovation in planned developments. Planned unit development must be consistent with the
intent of this chapter, the Town of Cortlandville Development Plan, the Route 281/13 Corridor
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 4
Land Use and Aquifer Protection Plan, Town Design Guidelines and other design and
development policies of the Town. After having met the requirements of this article, approved
planned unit development will be permitted uses. This article necessarily combines subdivision
and zoning regulations.
Section 178-52 is amended to add the following:
E. Mixed -use planned development. To provide for coordinated and complementary mixed -use
forms of development that may include residential, public uses, open space, office, light
industrial and commercial uses or any combination thereof. The variety of land uses available in
this district allows flexibility to respond to changing market demands and tenant/owner needs by
providing for well -planned and functionally integrated land uses designed to promote efficient
use of the land, infrastructure and open space.
Section 178-53 is amended to add the following:
D. Mixed -use PUD shall be permitted in agricultural, business and industrial districts and any
area of the Town where the applicant can demonstrate or the Town Board, on its own initiative
or upon the recommendation of the Planning Board, determines that the characteristics of the
proposed site will meet the requirements of this article.
Sections 178-54 A (1)(6)(7)(B)(C)(D) are amended to read as follows:
(1) Any PUD shall contain a minimum of 10 contiguous acres. For purposes of this
requirement lands separated by streams, drainage courses, highways, streets or
other public or private rights -of -way shall be deemed contiguous.
(6) Because land is developed more efficiently in a PUD, improved environmental
quality can often result from greater densities than usually permitted in traditional
zoning districts. The Town Board, upon Planning Board recommendation, shall
determine in each case the appropriate land use density for individual projects.
(7) Common property in a PUD is a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which is shared by the owners and
occupants of the individual building sites. Common property may be in public or
private ownership. Under private ownership satisfactory arrangements must be made
at the time of PUD approval for the improvement, operation and maintenance of
such property and facilities, including private streets, drives, service and parking
areas, recreation, public and open space areas. Any common property proposed and
approved as open space shall remain and be maintained open and free from
development in perpetuity. Open space does not include roads, utility rights -of -way
or drainage channels. Such open space shall not be disposed of for any future
development but, may at the Town's option, be conveyed to the Town or to an
appropriate not -for -profit corporation or association formed to operate and maintain
such open space. The ownership of open space lands created as part of a PUD and
not dedicated fee simple to the Town of Cortlandville shall be approved by the
Town Board. The Town Board shall retain the right to review and approve the
articles of incorporation and charter of any ownership entity and to require whatever
conditions it shall deem necessary to ensure that the intent and purpose of this article
is carried out.
B. Residential.
(4) All residential and mixed -use PUD shall contain a balance of housing types,
including a minimum of two of the following:
Single-family detached residential
Patio home
Zero lot line home
Single-family attached dwelling
Multifamily attached dwelling, or
Senior citizen housing
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 5
C. Commercial.
(3) A single commercial use or structure within a commercial planned development or
mixed -use, PUD shall not exceed 30,000 SF of gross floor area.
D. Industrial.
(4) A single industrial use or structure within an industrial planned development or
mixed -use PUD shall not exceed 100,000 SF of gross floor area.
E. Development standards.
(1) Environmental resources
PUD design shall consider protection and preservation of the following resources:
aquifer recharge areas, wetlands, woodlands, floodplains, significant natural
habitats, waterways, steep slopes, productive agricultural lands and soils, scenic
views, historic resources, landmarks, and other community assets.
(2) Off-street parking and loading
In lieu of specific parking and loading space requirements, and in order to
encourage variety in location, arrangement and sharing of parking by multiple
uses in a PUD, the following standards apply.
(a)
Pedestrian connections shall be provided between parking areas and
buildings along fully accessible paved walkways to the extent necessary to
assure pedestrian safety and accessibility.
(b)
Parking facilities shall be designed with careful regard to orderly
arrangement, topography, landscaping, maneuverability, vehicular and
pedestrian access, and minimization of adverse impacts on adjoining
properties from noise, glare, dust and odors.
(c)
Above grade loading facilities shall be screened from public view and
separated from pedestrians and private vehicles.
(d)
Parking and loading facilities shall take full advantage of site topography
to provide separate levels of access and minimize site grading.
(e)
Off-street parking and loading space shall be provided to prevent overflow
parking or standing vehicles onto public rights -of -way.
(f)
Except as otherwise stated above Town parking requirements shall be met.
(3) Landscaping
and buffering
(a)
Impervious ground surfaces such as buildings and parking areas shall be
sufficiently landscaped to hold and carry stormwater runoff. Planted or
grassed areas within parking lots must be not less than 5% of the total
vehicular area in parking lots designed for 10 or more cars and shall be
suitably distributed so as to relieve any unsightliness and visual monotony
of parked vehicles.
(b)
PUD's shall be so designed to maximize advantage of existing topography
by utilizing natural contours to provide for water storage, control of
runoff, protection of natural drainage ways, economizing the construction
of utilities, reducing the amount of grading and maximizing the
conservation of trees and topsoil.
(c) Natural features such as streams, rock outcrops, escarpments, wetlands,
marshland and woodlands are to be protected and incorporated in open
space areas and in the landscaping of the development.
(d) Trees shall be planted adjacent to all residential units so as to provide no
less than three trees of a minimum of 2-1/2 inch caliper, measured six
inches above ground, per residential unit, including existing trees
preserved on site. Trees shall be a suitable mix of deciduous and
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 6
coniferous species to provide year round benefit of appearance and of
sufficient species variety to minimize the adverse impact of the spread of
disease.
(e) Visual and noise buffers, including decorative masonry walls and
vegetative screening, shall be designed and maintained by the owner to
serve their intended purpose.
(4) Circulation
(a) Driveways and streets shall be connected to collector and arterial streets at
locations where traffic can be controlled and operated effectively and
safely with minimum interference to the capacity of public streets and
other public rights -of -way.
(b) Standards of design and construction for all roads to be dedicated to the
Town shall meet all applicable Town standards unless modified as part of
the site plan approval process.
(c) Pedestrian ways shall connect residential and mixed -use areas with other
residential areas, community facilities, schools, recreation and open space
areas, commercial areas and public transportation.
(5) Utilities
(a) New public and private utilities and those relocated or replaced shall be
generally underground.
(6) Signs
(a) Freestanding signs in a PUD shall be limited to traffic and pedestrian
control and for directional or way -finding purposes including street signs
and signs identifying the development.
(b) Pole signs are prohibited.
(c) One identification sign shall be permitted for each non-residential use, not
to exceed 20 square feet, not projecting more than 12 inches beyond the
building or more than 8 feet in height above grade.
(d) Illuminated signs visible from public streets or adjoining properties shall
be shielded, with lighting directed and maintained at such an illumination
level so as to not adversely create glare or unsafe distraction.
(7) Lighting
(a) All installed public and private outdoor lighting levels shall be in general
compliance with the accepted illumination guidelines, standards and
recommended practices established by the Illuminating Engineering
Society of North America (IESNA).
(b) Lighting of facilities, buildings, parking areas, signs, pedestrian walkways
and public use areas as well as for architectural, landscaping, decorative,
recreation and/or safety reasons shall be integrated into the overall site
design of the PUD consistent with IESNA accepted standards and
practices to prevent light trespass, glare and distraction on adjoining
properties.
Section 178-55 A is amended to delete the following:
(10) Mobile Home Parks
(11) Mobile Homes
Section 178-55 B (1) is amended to read as follows:
(1) One, Two, and multifamily dwellings, attached and detached.
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APRIL 02, 2008
PAGE 7
Section 178-55 C (2) is amended to read as follows:
(2) Enclosed light manufacturing and assembly
And to delete the following:
(4) Freight Terminals
(5) Heavy Equipment Sales and Service
(6) Gasoline Sales
(7) Commercial garages
Section 178-57 is amended by adding the following:
D. The Town Planning Board shall review the preliminary development plan and its related
documents, and shall render either a favorable report to the Town Board or an unfavorable report
to the applicant.
1.) A favorable report shall be based on the following findings which shall be included as
part of the report;
a) The proposal is consistent with the Town's Development Plan, the Route
281/13 Corridor Land Use and Aquifer Protection Plan, if applicable, Town
Design Guidelines and other Town design and development policies.
b) The proposal meets the intent and objectives of Planned Unit Development.
c) The proposal meets the general requirements and development regulations
under Section 178-54.
d) The proposal is conceptually sound, in that it meets local and area needs and
conforms to accepted design principals relative to proposed roadways,
pedestrian circulation, land use configurations, open space systems, drainage
systems and scale of development internal and external to the PUD.
e) The proposal demonstrates that there are adequate services and utilities
available or proposed to be made available to service the PUD.
2.) An unfavorable report shall clearly state the reasons for its findings and, if appropriate,
what needs to be accomplished by the applicant to receive a favorable report.
Section 178-60 is amended by adding the following:
E. If an applicant chooses to stage the development, and has indicated so under Section 178-56,
then only those stages an applicant wishes to develop may be submitted for site plan approval
in accordance with a staging plan. Any plan which requires more than 24 months to be
completed shall be required to be staged and a staging plan must be developed. It is the intent
of this requirement that individual stages of the PUD will have an integrity of uses in their
own right so that, if for any reason, the entire PUD would not be completed, those portions of
the PUD already constructed will be an asset to the community. Staging plans must take
account of this objective, and developers proposing individual stages that deviate
significantly from the overall character of the PUD should present convincing evidence that
such stage is in keeping with this section.
F. As a condition of final approval, the Town Board may require the posting of such
performance guarantees as it deems necessary to insure the installation of necessary
improvements. Performance guarantees shall be for a period to be determined by the Town
Board. The amount of the performance guarantee may be reduced by the Town as portions of
the required improvements have been completed.
G. Fees for applications for PUD Districting and Site Plan approval shall be in accord with the
procedure for fees adopted by the Town Board. Such fees shall be based on the size and
complexity of the proposed development and shall be sufficient to cover costs of all required
reviews, including those related to the review of environmental impacts, and the retention of
professional assistance, if necessary.
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APRIL 02, 2008
TOWN BOARD MEETING
PAGE 8
Attorney Folmer reported:
Length of Terms for Elected Officials:
Attorney Folmer apprised the Board he researched the Board's request regarding the
change of terms for elected officials. There are two methods by which the Board may change the
terms of office: enacting a local law under the Municipal Home Rule Law, or by resolution.
According to Section 24(A) of Town Law, the Board may adopt a resolution to extend the terms
of any or all elected officials within the Town to a term of four years. The resolution must be
adopted no less than 150 days in advance of the election to be held in November, and is subject
to mandatory referendum. Therefore, if the Board intends to follow through with changing the
length of terms for elected officials, the resolution must be adopted by June 7, 2008.
Supervisor Tupper introduced Tom Gillson, Executive Director of the Cortland County
Business Development Corp. and Industrial Development Agency (BDC/IDA), and requested he
discuss the grant application for the Finger Lakes East Business Park Project.
Tom Gillson apprised the Board the BDC/IDA had the opportunity to secure 127-acres of
property located on NYS Route 13, to create a commercial and light industrial park to create net -
wealth generating jobs. Of the 127-acres, approximately 77-acres are buildable. The back of the
property, which is called the Chicago Bog, buts up to the Lime Hollow Nature Center.
Mr. Gillson explained that the estimated cost of the project was $4 million. The
BDC/IDA secured $2 million in funding from the federal EDA; was promised $433,OOO'from the
federal EPA; and asked the Town of Cortlandville for a loan in the amount of $400,000 to bring
sewer and water to the site. The BDC/IDA was also asking Cortland County for $1.2 million to
complete the project. He explained that the proceeds for selling a building lot within the park
would pay back both the County and the Town for the funds they expended for the project.
According to Mr. Gillson the business park would be marketed through site selectors:
NYS Strategic Business Division; the NYS website for strategic business; and through all of the
nationwide magazines that site selectors look at. He apprised the Board that recruitment
companies were running out of space for new companies. Since the beginning of the year, he
has had five inquiries fi-om site selectors indicating specific goals for their intended business
projects. Out of the five inquiries, the BDC/IDA could not accommodate any of the requests
because the business park was not up and running. Mr. Gillson explained that in the Central
New York area, Cortland County is the only county that does not have a business park.
Mr. Gillson assured the Board that the BDC/IDA is fully committed to follow through
with the project. Also, in his meetings with Supervisor Tupper, County Administrator Scott
Schrader, County Legislator John Daniels, the Cortland County Finance Committee, Senator
James Seward, and Assemblywoman Barbara Lifton, all representatives indicated that they
supported the project.
According to Mr. Gillson, the BDC/IDA has a 2-year option to buy the property, which
expires in June 2008. Unless acted upon quickly, the deal could fall through. Mr. Gillson also
indicated that over $2.4 million in federal funds was already set aside for the project.
Supervisor Tupper apprised those in attendance that the Town has an Economic
Development Account with a total of $275,000. According to Bernie Thoma, Thoma
Development Consultants, the Town can use the funds to make a loan. Mr. Thoma would take
care of the necessary arrangements in order to do so. The Town would also have to commit
$125,000 from another source, such as the reserves. Supervisor Tupper explained that by
loaning the money to the project, the Town would receive the money back as the building lots
are sold.
Attorney Folmer was concerned that he had not seen any of the loan documents.
Supervisor Tupper explained Mr. Thoma would take care of the loan documents. What
the BDC needed from the Town was a commitment to ensure the federal government that the $2
million match was made.
Mr. Gillson reiterated that a firm commitment was necessary.
Attorney Folmer questioned whether Mr. Gillson had a firm commitment from the
County.
According to Mr. Gillson, the County Finance Committee would conduct another
meeting on April 15, 2008. The matter would then go before the County Legislature at its April
24, 2008 meeting to be voted on.
Attorney Folmer suggested the Board's commitment to make the loan be conditioned
upon the County's commitment to the project.
Mr. Gillson stated that the Board could make such condition. However, he noted that if
the County does not approve the loan, the project would fold.
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 9
RESOLUTION #80 AUTHORIZE SUPERVISOR TO SIGN FORMAL
COMMITMENT OF THE NON-FEDERAL SHARE OF FUNDS
FOR THE FINGERLAKES EAST BUSINESS PARK PROJECT
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Industrial Development Agency (IDA) requested the Town's
financial assistance for the Fingerlakes East Business Park project to be located on NYS Route
13 in the Town of Cortlandville, and
WHEREAS,. the Cortland County IDA made application to the U.S. Department of Commerce —
Economic Development Administration for a matching grant in the amount of $2,000,000, and
WHEREAS, a formal commitment of the non-federal share of funds must be secured by
September 2008 before the federal funds are released, and
WHEREAS, the Board believes it would be in the best interest of the Town to award a grant in
the amount of $400,000 to the Cortland County IDA for the Fingerlakes East Business Park
project, which will be repaid to the Town in the future through the sale of lots, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
formal commitment to award a grant in the amount of $400,000 to the Cortland County IDA for
the Fingerlakes East Business Park project, and it is further
RESOLVED, the Town's formal commitment is conditioned upon a formal commitment from
Cortland County to award a grant for its portion of the non-federal share of funds for the project.
RESOLUTION #81 AUTHORIZE SUPERVISOR TO WAIVE THE BUILDING
PERMIT APPLICATION FEE FOR THE CORTLANDVILLE
FIRE DISTRICT'S TRAINING CENTER
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortlandville Fire District requested the Town Board waive the building permit
fee for its proposed training center, and
WHEREAS, the Board determined the Cortlandville Fire District to be a municipal agency that
may be exempt from the building permit application fee without setting precedent, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to waive
the building permit application fee of $350.00 for the Cortlandville Fire District's training center
to be located in the rear building located at 999 NYS Route 13.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
Cortland County Planning Board Resolution #08-09, dated March 19, 2008, and the Cortland
County Planning Department recommendations, dated March 14, 2008, regarding the Aquifer
Protection Permit application of Greg Leach for property located off NYS Route 13, tax map
#77.00-04-10.000. All voting aye, the motion was carried.
RESOLUTION #82 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
GREGORY LEACH
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 10
BE IT RESOLVED, a Public Hearing shall be scheduled for April 16, 2008 at 5:00 p.m. for an
Aquifer Protection Permit application submitted by Gregory Leach, for property located on the
east side of NYS Route 13, tax map #77.00-04-10.000.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
Cortland County Planning Board Resolution #08-10, dated March 19, 2008, and the Cortland
County Planning Department recommendations, dated March 14, 2008, regarding the Aquifer
Protection Permit application of Marvin Windows of NY, Inc. for property located of US Route
11/ NYS Route 41, tax map #87.00-04-01.000. All voting aye, the motion was carried.
RESOLUTION #83 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
MARVIN WINDOWS OF NY INC.
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 16, 2008 at 5:00 p.m. or as
soon thereafter as the parties may be heard, for an Aquifer Protection Permit application
submitted by Marvin Windows of NY, Inc., for property located on the south side of US Route
I I/NYS Route 41, tax map #87.00-04-01.000.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
Cortland County Planning Board Resolution #08-11, dated March 19, 2008, and the Cortland
County Planning Department recommendations dated March 14, 2008, regarding the Aquifer
Protection Permit application of Andrew Lowell for property located off Luker Road, owned by
Bestway Enterprises, tax map #85.20-01-32.111. All voting aye, the motion was carried.
RESOLUTION #84 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT
WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY LLP TO CONDUCT AN AUDIT OF THE
2007 TOWN RECORDS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement with Ciaschi, Dietershagen, Little, Mickelson & Company LLP to conduct an audit of
the 2007 Town accounting records, for an amount not to exceed $9,500.00.
RESOLUTION #85 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT
WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY LLP TO CONDUCT AN AUDIT OF THE
TOWN'S NEW YORK STATE EPF GRANT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement with Ciaschi, Dietershagen, Little, Mickelson & Company LLP to conduct an audit of
the Town's New York State Environmental Protection Fund (EPF) Grant, for an amount not to
exceed $2,000.00.
APRIL 02, 2008 TOWN BOARD MEETING PAGE 11
RESOLUTION #86 ACCEPT TOWN ENGINEER'S PLANS AND SPECS FOR THE
NYS ROUTE 281 / MCLEAN ROAD WATER
RECONSTRUCTION PROJECT — 2008 AND AUTHORIZE
ENGINEER TO LET OUT TO BID
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Engineer informed the Board he was prepared to let out to bid for the
NYS Route 281/McLean Road Water Reconstruction Project — 2008, and
WHEREAS, the bid specs would be available on April 3, 2008 for a non-refundable fee of
$25.00, and the bids would be opened on April 21, 2008 at 2:00 p.m., therefore
BE IT RESOLVED, the Town Board does hereby accept the Town Engineer's plans and specs
for the NYS Route 281/McLean Road Water Reconstruction Project — 2008, and it is further
RESOLVED, the Town Board does hereby authorize and direct the Town Engineer to let out to
bid for the NYS Route 281/McLean Road Water Reconstruction Project — 2008, and it is further
RESOLVED, the opening of such bids will be held April 21, 2008 at 2:00 p.m. at the office of
the Town Clerk.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Jaclyn Brilling, State of New York Department of Public Service, dated
March 26, 2008, regarding the Temporary Operating Authority for Time Warner — Syracuse
Division, due to expire April 11, 2008. All voting aye, the motion was carried.
RESOLUTION #87 AUTHORIZE SUPERVISOR TO HIRE DESIREE L.
CAMPBELL AS PART-TIME CLERK
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to hire
Desiree L. Campbell, 87 Homer Avenue, Cortland, New York, to fill a position created at the
Town Board Meeting of March 19, 2008 of part-time clerk, which offers 17 hours per week, not
to exceed 840 hours within a calendar year, as a floater between various departments, and it is
further
RESOLVED, that Ms. Campbell shall be paid an hourly wage of $13.10 based on the 2008
adopted salary schedule.
RESOLUTION #88 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT
ENGAGING THE SERVICES OF TROY & BANKS
CONSULTANTS TO AUDIT THE TOWN'S UTILITY BILLS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, in 2001 and 2004 the Town engaged the services of Troy & Banks Consultants to
audit the Town's utility bills, and
WHEREAS, as a result of the audit in 2001, Troy & Banks Consultants discovered that Niagara
Mohawk Power Corporation over billed the Town for street lighting and negotiated a refund in
the amount of $3,566.20, and
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APRIL 02, 2008 TOWN BOARD MEETING PAGE 12
WHEREAS, as a result of the 2004 audit, Troy and Banks Consultants discovered that Niagara
Mohawk Power Corporation overcharged the Town once again, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
agreement engaging the services of Troy & Banks Consultants to audit the Town's utility bills,
including telephone, fuel, natural gas, electricity, and water and sewage service accounts, and to
possibly secure a refund or a credit for over billing.
Councilman Rocco briefly discussed the application submitted by Lowe's, which was
pending before the Town Planning Board.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on May 7, 2008.
The final version of this meeting was approved as written at the Town Board meeting of July 16, 2008.
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