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HomeMy WebLinkAbout08-06-2003AUGUST 06, 2003 7:00 P.M. Z z s L 1 11, 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, John Pilato Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; James Trasher of Clough, Harbour & Associates; County Legislators, Paul Allen and Kay Breed; Dan Bilodeau and Rick Williams of the McGraw Recreation Department; David Coullahan; and Wyatt and Garret Thorpe. Supervisor Thorpe called the meeting to order. Councilman Pilato made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of June 18, 2003 as written. All voting aye, the motion was carried. RESOLUTION #144 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #331 - 360 $ 19,532.18 General Fund B B63 - B67 $ 6,200.91 Highway Fund DB D253 - D276 $ 73,458.68 Water Fund W 142 - W 156 $184,704.86 Sewer Fund S68 - S73 $ 92,659.25 Capital Projects H54 - H62 $ 65,612.60 Supervisor Thorpe discussed the sales tax negotiations held in a closed meeting by the Ad -Hoc Committee appointed by the County Budget and Finance Chairman VanDee. He informed the Board he requested the County Administrator hold an open meeting with all Town Supervisors and Village Mayors, for their positions to be heard. Supervisor Thorpe stated it was well-known that the County's current Medicaid costs were out of control resulting in the need for more money. The Ad -Hoc Committee drew up a scheme that would give the County 13 %2% more sales tax revenue, while the City of Cortland would take a reduction of 2.7% and the towns and villages would take a reduction of 17.6%. The City would lose about $98,000 while the Town of Cortlandville would lose about $350,000, which is clearly unfair. Supervisor Thorpe reminded the Board they went through similar negotiations five years ago regarding sales tax on per capita basis. The result was a compromise between the Town and County, which resulted in the Town's tax rate being doubled. If the proposed scheme is adopted by the County Legislature, the Town's tax rate could double again. Supervisor Thorpe was very concerned about Town and County taxpayers. He advised Town Bookkeeper, Marcia Hicks to reduce the sales tax income by $350,000 for purposes of the Town's Preliminary Budget. z zL AUGUST 06, 2003 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe stated the reasonable way to solve the problem would be for the towns/villages/city to take an equal percentage reduction of the sales tax revenues they currently receive. Supervisor Thorpe reminded the Board and those in attendance that the Town of Cortlandville is responsible for maintenance of all the infrastructure which leads to sales tax revenue generated in the area. The Town is also solely responsible for the protection of the Aquifer. The Town is limited in its ability to expend its tax base due to the aquifer. Supervisor Thorpe was not sure whether the new County Administrator was aware of such facts. Councilman Testa agreed a reduction in sales tax should be equal between the city, towns and villages. Supervisor Thorpe was concerned there would be problems between the city and towns if the city received special treatment. Supervisor Thorpe offered privilege of the floor to Kay Breed. County Legislator, Kay Breed apprised the Board she received complaints from constituents regarding a parry that took place July 18, 2003 at Rick Carter's house on Route 215. Complaints were made regarding fireworks and noise. She informed those who complained that the Town does not have a noise ordinance, nor is a permit necessary for fireworks unless admission is charged at an event. Ms. Breed apprised the Board they may receive complaints regarding the necessity for a noise ordinance and a permit for fireworks. There was further discussion regarding the County sales tax negotiations. Ms. Breed apprised the Board she and Legislators Paul Allen and Danny Ross, were upset with the sales tax negotiations. Neither Ms. Breed nor Mr. Allen were on the committee, and were not able to make comments at the meeting. The Town of Cortlandville generates the most sales tax and would take the largest cut. Councilman Testa apprised the Board Town Assessor, David Briggs informed him that an increase in taxes due to the possible cut in sales tax revenue for a house assessed at $75,000 would be $71.00 at the town level. Supervisor Thorpe stated he voiced his opinion to the local newspaper as well as to a local radio station. He suspected another newspaper article would be published regarding the sales tax, yet stated the battle should not be fought in the popular press. Regardless of whether or not the Freedom of Information Act was violated by holding a closed meeting, Supervisor Thorpe stated the affected parties should have the opportunity to voice their opinion. Councilman Rocco stated he was concerned that if the County took a larger percentage of sales tax from the Town, the County would be in a position of not having to severely look at their budget as they might otherwise. County Legislator, Paul Allen stated he was very disappointed with the Ad -Hoc Committee. He did not agree with the main argument in the memorandum from the County stating the Towns were not facing the same fiscal stress as the County and City. Mr. Allen stated the Town should not be punished for being a good steward of tax dollars. Mr. Allen stated the City of Cortland was facing issues such as building a new fire department and remodeling the City Hall due to limited space. He did not feel the City was facing any more hardships than the Town had faced or could face. For example, a new fire station was recently constructed in the Town. Also, due to the NYS Route 281 project, the Town will have to complete a multi -million dollar sewer expansion before the Route 281 construction is complete. Supervisor Thorpe thanked Mr. Allen for keeping the Board informed and for brining the memorandum to the Town's attention. Councilman Rocco questioned how many people were employed by the Town in respect to the City. Supervisor Thorpe stated there were roughly forty Town employees; not one of which is expendable. Supervisor Thorpe offered privilege of the floor to Dan Bilodeau. On behalf of the McGraw Recreation Department, Dan Bilodeau presented the Board with a summary of youth participation and budget contributions. Mr. Bilodeau thanked the Town for its contribution and informed the Board it would not be asking for a larger contribution. Mr. Bilodeau explained the summary to the Board, and informed them the total budget for 2004 is $51,000.00. 227 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 3 Rick Williams of the McGraw Recreation Department apprised the Board over 1700 children participated in programs at the park this year. The recreation department is open to everyone. Councilman Rocco asked how the program was advertised. Mr. Bilodeau informed the Board the program was advertised in the Cortland Standard as well as at the Cortland Youth Bureau. Monthly reports for the Justice for the month of June 2003, and for the Town Clerk, Supervisor and SPCA for the month of July 2003, are on the table for review and filed in the Town Clerk's office. RESOLUTION #145 ADOPT LOCAL LAW NO. 2 OF 2003 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE TO ESTABLISH DESIGN AND DEVELOPMENT GUIDELINES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE 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 entitled "Design and Development Guidelines," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 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 accepts said Local Law as Local Law No. 2 - 2003, entitled "Design and Development Guidelines," a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby 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 1. Section 178-125 is hereby amended to read as follows: All construction shall be in compliance with the New York State Uniform Fire Prevention and Building Code (current edition), the National Electric Code (current edition) and the Design and Development Guidelines contained in Section 178-140 of this Ordinance. SECTION 2. The Town of Cortlandville Zoning Ordinance is hereby amended by adding thereto a new section 178-140 to provide as follows: Design and Development Guidelines The following design and development guidelines shall be considered in all new non-residential and non-agricultural development and redevelopment projects. These guidelines shall also be considered in all new residential development and redevelopment projects that consist of three or more dwelling units. zz� AUGUST 06, 2003 TOWN BOARD MEETING PAGE 4 Site Design and Building Orientation Site planning and design need to address a variety of aesthetic issues that consider not only the development site itself, but the site's relationship to its surroundings. It is important to address design issues not only along the sides of the roadway itself in immediate view of the public right- of-way, but any development parcels that are visible from the corridor. Building location and building orientation, the exterior appearance of buildings, parking lot orientation and appearance, landscaping, signage, lighting and vehicular as well as pedestrian circulation all need to be considered as part of the overall site design and site plan review process. Building location and orientation on a development or redevelopment site are significant design considerations that have a direct relationship to how buildings look and function relative to their surroundings. The location and orientation of buildings shall consider their overall visual impact. New development or redevelopment shall not be visually intrusive, dominate views or contrast sharply to the existing and/or desirable character of the various planning areas. Orientation of Buildings • The orientation of new buildings and their rooflines shall be compatible and consistent with existing and desirable patterns of residential, commercial and industrial development area. The height, scale and proportion of new buildings shall be consistent and/or compatible with surrounding buildings on adjacent properties. • Buildings shall be oriented to maximize views of the front, not the sides or rear of buildings. Care must also be taken to minimize undesirable views of large parking areas, service areas, outdoor storage and utility areas and delivery locations. • New buildings shall be sensitive to views from adjacent and off -site uses. Buildings shall be oriented so as not to create undesirable views of the sides or rear portions of buildings form nearby uses, particularly residential properties. • New buildings and parking areas shall be oriented to provide for safe, separate and efficient circulation patterns between pedestrians, non -motorized and motorized vehicles. Building Design and Architectural Features The following criteria are not intended to restrict creativity or variety in building design, but rather assist in focusing on traditional design and architectural principles. These principles are intended to encourage creative design solutions that will result in projects with an attractive visual appearance. Non-residential Buildings Large-scale, non-residential development and redevelopment projects including professional office, commercial, light industrial and institutional uses must be compatible in scale and character with nearby developments, particularly residential uses. • Traditional architectural styles are encouraged over highly ornate and/or ultra modern styles. • Corporate franchise -style and "cookie cutter" architecture shall be discouraged in favor of building styles that complement neighborhood character and design objectives particularly where residential uses are nearby. • Peaked roofs and varied rooflines may be more appropriate for some non-residential buildings to mimic nearby residential characteristics, particularly near established and possible future residential areas at both the northern and southern ends (gateway areas) of Cortlandville. • All building facades visible from public streets, public areas and residential neighborhoods shall have features of suitable scale and utilize construction materials that integrate consistently and compatibly with the visual characteristics of surrounding areas. • The rear facades of buildings that are visible from public streets and viewpoints shall have a finished quality utilizing materials and colors that are consistent with the remainder of the building. • Public spaces shall be considered for integration into the design of large-scale non- residential developments where public use is expected or encouraged. These spaces may include seating areas, gardens and plazas. This is especially true for institutional use and large-scale businesses that are open to the public. 1 1 1 229 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 5 • Loading and delivery areas, outdoor storage facilities/areas, trash collection areas and employee parking areas shall incorporate suitable site and landscaping features. These areas shall not be located in full public view. Landscaping features shall include appropriately sized deciduous and evergreen plant materials to mitigate the effects from year-round public exposure of fencing, lighting and noise. Residential Development New single family residential development projects shall be compatible in scale, form and mass with surrounding residential uses and in other areas of the study area. New infill residential development shall be sensitive to adjacent properties and not introduce housing styles that are inconsistent in patterns of development, scale, mass, form, or style with surrounding residential units or neighborhoods, unless such changes are desired by the community. • Houses that are identical in appearance, building elevation, floor plans, etc. shall be discouraged from locating in view, on adjacent lots, or directly across the street from each other if significantly visible. If a single house design is used repeatedly, the use of varying materials, colors, window treatments and other design details shall be encouraged to distinguish one unit from another. • The orientation of new houses in view shall follow established patterns where either the fronts or sides of homes are seen. The rear facade of new houses shall not be the predominant view of the structure. • New housing shall avoid consistent use of styles that emphasize garages as a visual focal point of a house's design. • New housing developments shall avoid to the greatest extent possible, visual monotony caused by long, straight lines of similar looking houses along a street. Variation in roofline, roof features (peaks, dormers), porches, doors, windows and paint details are encouraged. • New development shall be encouraged to extensively use landscaping elements to help distinguish housing units, subdivisions and neighborhoods. Landscaped entranceways into subdivisions and neighborhoods are encouraged. Building Materials • Materials shall have desirable architectural character and quality. Materials shall be selected for harmony in color and texture with adjoining buildings. Brick, native stone and high quality wood treatments are encouraged over the use of metal materials as the principal non-residential building material. • Buildings shall make use of the same materials, or those that are architecturally harmonious and visually compatible, for all building walls and exterior building components that are either wholly or partly visible. • Materials shall be considered for their durable quality, longevity and ease of maintenance. Inappropriate use of materials, for which they are not intended, and questionable construction practices in their installation shall be avoided. • Front and side building facade materials shall be of subtle colors and low reflectance to prevent glare. Colors that are classic in appearance, neutral, timeless, and of an earthen tone shall be encouraged over non-traditional, bright of neon colors. Windows and Doors • Building components such as windows and doors shall be compatible in scale and proportion to one another and to desirable patterns established. • A well -designed building entrance shall be visible from the street and provide the focal point of the building's front facade. Recessed entrances are encouraged particularly when such entrances add to the overall appearance of the facade. • Colors for framing shall be harmonious with other building elements and the use of compatible accent colors is encouraged. • There shall be no long, blank, featureless building facades. Building wall appearance can be enhanced with windows or other architectural design and/or landscape features such as recessed areas and projections, or well landscaped with trees and shrubs in order to avoid monotony in design and appearance. 230 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 6 Utilities and Storage • All gas and electric meters and other appurtenances shall either be incorporated internally into the structure or be of similar color and materials to the principal structure so as not to be visually distinct. • Mechanical equipment or other utility hardware on the roof, ground level, or buildings themselves shall be screened from public view with materials that are harmonious with the building, or located in such a manner as not to be visible from residential uses, public areas, walkways and streets. Landscaping of potentially visible utility boxes shall be screened to the greatest extent possible using plant materials and landscaping while still allowing for access and maintenance. • All accessory buildings (garages, sheds, storage buildings, etc.) And structures shall be compatible with the materials and colors of the principal buildings (s). Vehicular Access Management and Parking The objective with regards to vehicular access management and traffic circulation is to maintain and acceptable level -of -services on roadways for efficient traffic flow by limiting unnecessary turning movements, curb cuts, sight line problems and other potentially unsafe roadway conditions (see Chapter 5). Access management must also provide for safe, separated pedestrian circulation patterns in relation to vehicular movements. New site entrances, curb cuts and driveways shall be avoided as much as possible to eliminate additional turning movements that may cause further restrictions in traffic flow and decreased levels -of -service. The following guidelines have a direct bearing on defining the charter of an area. Street Patterns • A connected street system that provides residential access through neighborhood streets to the greatest extent possible shall be encouraged. • New streets shall be interconnected in clearly discernable patterns. New streets shall connect to existing streets wherever possible and in a grid or other pattern that follows traditional street patterns in the community. Street patterns shall be simple and direct to provided the shortest and most direct routes to destinations. • Curvilinear street patterns and cul-de-sacs generally increase construction and maintenance costs, gas consumption, and the amount of impervious areas of pavement and shall be avoided wherever possible. These uses shall be considered only where topography or other natural or man-made conditions require their use. • Street design shall encourage slower traffic in neighborhoods and areas of pedestrian activity. Service Roads And Driveways • The use of service roads in large-scale developments, both residential and nonresidential development and redevelopment projects, shall be throughly considered during projects design to limit unnecessary curb cuts along the. • Site entrances and exits shall be clearly delineated and designed to provide for smooth traffic flow into and out of a site and within parking areas utilizing curbing and landscaping to delineate traffic movement patterns. • Internal access to out parcels is encouraged over new ingress and egress points. • Connecting parking lots and consolidating driveways for cross access of parcels is encouraged in site design and layout. • Restricting the number of driveways per lot to reduce potential traffic and pedestrian conflicts is encouraged. Driveways shall intersect adjoining roads at a right angle for maximum driver and pedestrian visibility and safety. • Locating access driveways away from intersections at maximum distances possible is encouraged. • Increased minimum lot frontages along major roads is encouraged in order to limit access points on the highway. • Entrances and exits shall be attractively designed, signed, landscaped and well maintained to better delineate driveways as access locations. Delineation of driveways in interior portions of sites shall be accomplished using trees and other plant materials rather than bollards or other man-made, less attractive materials. Entrances to large residential and non-residential developments are encouraged to have landscaped medians and tree - lined access roads for better delineation and appearance. 1 1 1 231 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 7 Parking Areas • Off-street parking areas that consolidate rear parking lots are encouraged as well as the use of service roads and shared driveways to limit the number of access points to a site or new curb cuts that may otherwise be needed. Internal circulation of shared parking areas and driveways shall be clearly delineated by curbing, green areas (snow storage areas) and landscaping. • Off-street parking areas shall be screened from street frontages and adjoining residential properties by low walls, earthen berms, dense landscape plantings or combinations of these elements. Fencing shall be discouraged in favor of more permanet, natural and durable screens. • Parking to the rear or sides of buildings shall be encouraged over parking areas between the building's front facade and other major public roads. • The design of large parking lots shall include perimeter landscaping and landscaped islands. Green space and landscaping shall be provided between highway rights -of -way and parking areas where possible. Landscaped buffers and islands shall consider the use of a variety of plant materials for visual appeal and year-round effect. Plant materials shall include decidous and evergreen trees, shrubs and/or perennial flowers. Pedestrian and Non -motorized Circulation It is the goal of the Town of Cortlandville to create a safe atmosphere throughout for pedestrians and non -motorized uses such as bicycles. A series of long-term actions will need to be taken to improve the pedestrian scale of the corridor and provide a certain pedestrian amenities to accommodate non -motorized and pedestrian activity. Eventually an interconnected network of walkways and pathways will encourage pedestrian activity and the use of non -motorized means of travel. The benefits realized by creating a more "walkable" community will include less reliance on the automobile, decreased traffic congestion, a healthier citizenry, greater social interaction among neighbors and businesses, and a strengthened sense of community. The result will be residential neighborhoods and business areas that are not isolated from other major roadways. Sidewalks and Crosswalks Land uses must support pedestrian and non -motorizes activities. Therefore, it becomes very important that the design of new development and significant redevelopment projects within the corridor study area create physical linkages between different adjoining land uses via an eventual continuous network of sidewalks and/or trails. The design of new developments and redevelopment projects must provide for a safe and attractive pedestrian and non -motorized environment. Street networks shall be designed to be pedestrian -friendly by providing adequate separation of pedestrians and non -motorized means of transportation from vehicular traffic circulation patterns. • Sidewalks and curbs shall be provided along both sides wherever possible. This is particularly important in high traffic commercial sections of the corridor. Where this is not practical or where the public right-of-way is limited sidewalks shall be provided on at least one side. • Sidewalks shall be constructed of concrete with a minimum width of five (5) feet. Widths of up to eight (1) feet may be more appropriate in some high traffic commercial areas. • Sidewalks shall provide landscaped areas between the street curb or paved shoulder of the road and the street side edge of the sidewalk, particularly in residential areas. Planting strips (green space or snow storage areas) of at least five (5) feet in width where practical between the edge of pavement and the inside (roadside) edge of sidewalks shall be provided rather than paved asphalt or concrete surfaces, particularly in residential areas. This planting strip may be substituted for compatible paved materials in commercial and business areas. • Sidewalks shall be provided at all new development or redevelopment projects, including business and residential areas, to connect to adjacent land uses. • All sidewalks, pedestrian and non -motorized pathways shall be designed to be barrier - free and accessible to the public and meet State and local standards. 23Z AUGUST 06, 2003 TOWN BOARD MEETING PAGE 8 Interior sidewalks outside the public right-of-way shall be provided at all new development or redevelopment projects as connections between the public sidewalk and primary entrances to non-residential buildings. Well-defined crosswalks to connect sidewalks are of paramount importance for public safety. In most cases, crosswalks shall be defined by signage, printing and striping. Street Trees, Furnishings and Pedestrian Amenities Street trees, streetscape furnishings and pedestrian amenities shall be considered as part of an integrated, well -conceived streetscape plan. A streetscape plan may include street trees, for shade and comfort, and street lighting for safety and security. However, the placement of any materials within the public right-of-way will need to be permitted by the jurisdictional agency. In the likely event that no plant or other materials may be placed within the public right-of-way, the placement of trees, plant materials and furnishings (benches) may be possible alongside the public right-of-way with the support and permission of the private property owner. The placement of these amenities may be part of an overall development or redevelopment project. • The provision of streetside amenities shall be encouraged along all pedestrian sidewalks where possible including the placement of trees, lighting and flower beds. The placement of materials in the must be coordinated with and receive permission from the State Department of Transportation. Trees, shrubs and flowers shall not restrict views of or from pedestrian areas or cause the creation of unsafe situations. • In addition to sidewalks, new development and redevelopment shall consider the use of trees and other vertical design elements just outside the public right-of-way (lampposts, plant materials, etc). The use of these materials may create effective physical and visual buffers between sidewalks, vehicular traffic and parking areas as well as a means to better define the edges of the public right-of-way. • The planting of street trees shall be a long-term objective with a consistent appearance in the use of tree species and spacing inside or outside the public right-of-way. However, the placement of any materials within the public right-of-way must be coordinated with and receive approval by the NYS Department of Transportation. • For all development in non-residential areas street trees shall be installed outside the public right-of-way typically at thirty (30) to forty (40) foot intervals where practical. Street trees shall be required in addition to any additional on -site landscaping. • Tree species shall be selected that have root growth habits that do not cause damage to pavements, sewer or water lines. Trees shall be planted no closer than five (5) feet from sidewalks, five (5) feet from streets, and eight (8) feet from driveways. Lighting Lighting objectives are different for motorists and pedestrians. High intensity lighting mounted on poles of considerable height are meant to illuminate roadways for safe vehicular travel. However, lighting intended for motorists may create an uncomfortable or undesirable pedestrian atmosphere. Lighting in pedestrian areas shall include low -angle pedestrian -scale lampposts that illuminate full color spectrum light for more realistic nighttime colors and prevention of glare. Pedestrian lighting in certain commercial and institutional areas may be a long-term objective for the community. Lighting features shall complement building design and be consistent in appearance throughout a development site. However, as with the use of other design elements, creativity in design shall be encouraged to avoid too much uniformity that results in visual monotony. • Lighting shall be used to enhance landscaping, building features and textures, pedestrian areas, public spaces, building entrances and site entry points. • Illumination shall be consistent with neighborhood ambient light levels. • Lighting fixtures shall direct light downward in most applications to limit the amount of light escaping off -site, except in situations where low level lighting is used specifically to highlight landscape features, buildings and pedestrian walkways. • Exterior lighting shall be considered as part of the design concept for a building and site. Light fixtures, standards, and all exposed accessories shall be harmonious to a building's design and not result in undesirable lighting off -site. • Adequate lighting shall be provided for safety and security reasons and incorporated into the site and building design process. Floodlights and the use of other high intensity lighting shall be discouraged. 1 1 z33 AUGUST 06, 2003 TOWN BOARD MEETING • Vandal resistant light fixtures shall be used to the greatest extent practical. • Lighting elements in pedestrian areas as part of site design shall be pedestrian -scale, typically twelve (12) to fifteen (15) feet in height, made of durable metal and vandal - proof materials and ornamental in appearance. • Any ornamental lighting used in site design and in view of the public right-of-way shall be consistent in style and street lighting patterns acceptable to the Town's design objectives. Signage The location, size, design, materials and lighting of signs shall be considered as an important part of a development site's overall design. Signage shall enhance a building's architecture and complement a site in terms of its consistency with building scale and architectural styles. Signs shall not appear as an afterthought to a building or site's design or be visually dominant. • Signs shall complement their surroundings and covey its message clearly and simply. Signs shall be weather and vandal proof to the greatest extent practical. • Signs shall be well -landscaped and maintained using plant materials of suitable scale, numbers and form. • Roof -mounted signs shall be avoided. Wall signs or low -profile signs are preferred over pole -mounted or projecting signs. Freestanding signs shall incorporate the architectural style and character of the building (s) it identifies. Large-scale freestanding signs shall be discouraged. • Signs shall have appropriate scale and proportion to a site and its use. Signs shall be designed as an integral part of the architectural features of the building. Sign size must be consistent with the Town's Zoning Ordinance requirements. Sign height shall be proportional to local zoning districts and permitted uses. Ground sign height in professional office use B-1 districts (real estate, attorney, insurance, physician) shall be six (6) feet in height or less from the top of finished grade. Ground sign height in commercial highway use B-2 districts (fast food restaurants, retail less that 15,000 square feet, etc.) shall be six (6 ) feet in height or less from the top of finished grade. Ground sign height in planned commercial use B-3 districts (retail greater than 15,000 square feet, auto dealerships, etc.) shall be eight ( 8 ) feet in height or less from the top of finished grade. Ground sign height in industrial I-1 and 1-2 districts shall be six (6) feet in height or less from the top of finished grade. All ground (monument) signs shall be attractively landscaped and maintained. • Neon tubing and other high intensity accent treatments shall not be used in sign, facade or building design. • Wall signs incorporated into a building's facade shall be framed and limited to one sign for each side of the structure to prevent visual clutter. • Colors and materials used for signs shall be consistent with building colors and materials. • Lighting shall be adequate to enhance the sign's overall appearance. Intense lighting that produces glare or off -site impacts shall be avoided. • Exposed supports to stabilize signs, including wires and cables shall be avoided. Landscape Design Landscape design not only improves the appearance of a development site, but also enhances both pedestrian and vehicular access and management. Plant materials and landscaping features, such as masonry walls, can serve to highlight points of entry to a site or a neighborhood as well as identify pedestrian and vehicular circulation routes. Landscape designs often do not realize their full potential and effectiveness for a variety of reasons. Some of these reasons may include using an insufficient amount of landscaping materials, primarily plants; poorly designed landscape plans using incompatible or inappropriately sized materials; and a lack of adequate maintenance that may include irrigation or regular removal and replacement of dead or diseased plant materials. • All new development and redevelopment shall include landscaping as part of the overall site design process. Landscaping shall not be an afterthought to site development or building design process, but integrated as a primary design consideration. • Landscaping shall be used to accentuate building entrances, pedestrian corridors and building features. Foundation plantings shall be used around all buildings. ,7 31t AUGUST 06, 2003 TOWN BOARD MEETING PAGE 10 • Plant materials and man-made elements (brick pavers, concrete, etc.) shall be used creatively to delineate and highlight building and site entry points and serve to act as gateways into development areas, business and office parks, and residential neighborhoods. • Landscaping shall be used to define parking areas, vehicular and pedestrian circulation routes. • Perimeter landscaping shall be provided along property lines where there is a change in land use, primarily between non-residential uses and adjoining residential properties. • The use of native plant materials shall take precedence over exotic or non-native plant species. Invasive plant species shall not be used. • All plant materials shall be sized to create an attractive appearance within three (3) to five (5) years of installation. Trees and shrubs shall be creatively grouped together to form a visual focal points of interest. Irrigation is encouraged to maintain plants in healthy condition. • Excessive varieties of plant materials shall be avoided in favor of creating an attractive, cohesive landscape design. Year-round effectiveness of planting must be considered and shall include a mix of deciduous and evergreen trees and shrubs. • Landscape designs shall incorporate existing, desirable trees and shrubs found on site as much as practicable. In particular, healthy mature trees and woodland areas shall be preserved and maintained to the greatest extent possible. • Grading under the drip line of mature and protected trees is discouraged to avoid soil compaction and root damage. • Grading of a site shall blend in with existing contours of adjacent parcels and not result in abrupt changes in grade. Earthen berms, if used, shall not appear overly engineered or linear, but have a more natural, non -linear, undulating appearance. • Developers are encouraged to use the services of professional landscape architects and landscape designers. Landscaping shall define parking areas and pedestrian areas. Landscaping shall accentuate building entrances. Buffers and Screens Physical buffers and visual screens between different, adjoining land uses are critical design elements that shall be utilized to reduce undesirable visual impacts. In developed areas, visual screens may be a combination of structural elements (walls) and non-structural natural elements (earthen beams and plant materials). The use of some types of wooden fencing (for example, stockade) and particularly those requiring regular maintenance, and chain link fencing along or in the immediate view of the public right-of-way is discouraged. • Structural screening walls shall appear as extensions of a building's design that repeat architectural features including building materials, textures and colors. For example, red brick buildings shall be encouraged to use matching red brick materials if structural screening walls are used. • Screening walls shall not be painted since painting requires considerable maintenance to keep its appearance. Rather screening walls constructed of high quality, long lasting, but not necessarily high cost, materials are preferred. • A combination of structural screens, such as low walls, and/or natural landscape plant materials shall be provided where possible between parking lots and sidewalks or other pedestrian use areas. • The use of chain link fencing as buffers and screens is discouraged. The use of barbed wire fencing is also discouraged. In some areas chain link or barbed wire fencing is necessary for safety and security reasons. The appearance of security fencing shall be enhanced by landscaping along the fence line with evergreen and deciduous plant materials. • Berms, if used, shall be a minimum thirty-six (36) inches high in combination with plantings and no greater than one (1) foot vertical rise to a three (3) foot horizontal run ratio and shall appear as natural as possible. • All screening walls fifty (50) feet or greater in length that are visible shall be designed to minimize visual monotony through changes in height, material, texture and the use of plant materials. .23S AUGUST 06, 2003 TOWN BOARD MEETING PAGE 11 • Dense landscaping and structural materials shall be used to screen unattractive views of outdoor storage areas, trash enclosures and ground level mechanical and electrical equipment. Utilities and Storage Utility facilities and areas may include electrical and gas distribution facilities, transformers, meeters and air-conditioning units. Utilities may be located at ground level or rooftops. Storage areas may include trash collection locations (dumpsters), loading and unloading docks and bays, services bays and outdoor storage areas or storage facilities/buildings. Ideally all utilities and storage areas shall be located at the rear of buildings and visually hidden, residential uses, public streets and public view. • Private and public utilities shall be buried underground wherever possible. • Rooftop utilities shall be effectively hidden from the view of motorists, residents and pedestrians at street level. Rooftop screens shall be constructed from materials that are consistent in color and texture with the building's exterior design materials. • The use of natural plant materials, including trees, shrubs and perennials shall be encouraged to screen ground level utilities and outdoor storage buildings and areas as part of an overall site landscaping plan. • High quality, decorative fencing and/or masonry materials shall be used to screen trash disposal and collection areas (dumpsters) and other outdoor storage areas from adjoining residential properties. Maintenance Continual maintenance and upkeep of buildings and grounds is necessary to realize the full potential and benefits of good site and building design. The selection of materials during site and building design must consider their maintenance requirements as perhaps one of the most important phases in the design process. • Materials shall be selected for their longevity, durability and ease of maintenance as well as their appearance. • Detailed site and building design shall consider and avoid design configurations and features that accumulate debris, leaves, trash, dirt and rubbish or otherwise may create long-term maintenance problems. • Building facades and landscaped grounds shall be maintained, repaired and replaced, if necessary, on a regular, year-round basis. Maintenance requirements shall include removal and replacement of dead or diseased plant materials on an annual basis. Public Spaces The provision of public spaces and open space areas becomes a more important social issue as land use density in developed areas increases. The need for public and open spaces are especially significant to the elderly and children since they often do not have either complete mobility or the ability to travel any length of time distance. Public spaces include parks, sidewalks, plazas, atriums, courtyards, terraces, parking areas, and public gardens. Design guidelines shall consider public areas that are not only available to the public, but that are safe, comfortable, and accessible to all citizens. Above all, public spaces must be useable since they contribute positively to an area by encouraging social interaction and promoting a sense of community. • Small parks, pocket parks, and plazas shall be an important consideration in overall building and site design as places for public gatherings and socializing, particularly at institutional sites such as municipal buildings, schools, libraries, meeting halls, etc. • The design of public use areas shall consider views, climate, protection from weather extremes, solar angles, shade and shadow effects, public safety and security. • In large-scale residential and non-residential development projects, open space and natural areas are encouraged through clustering and other land use techniques. Woodland, wetlands and' areas of steep slope exceeding twelve (12) percent shall be preserved to the greatest extent practical and preserved as public open space. 23( AUGUST 06, 2003 TOWN BOARD MEETING PAGE 12 SECTION 3. This Local Law shall become effective upon filing with the New York Secretary of State as required by law. Town Clerk Snyder apprised the Board Local Law No. 1 of 2003 was received by the Department of State and filed July 21, 2003, regarding the zone change for S.C.W.P. LLC. and First National Bank of Dryden. RESOLUTION #146 ACKNOWLEDGE NOTIFICIATION FROM THE STATE FOR FILING OF LOCAL LAW NO. I OF 2003 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the NYS Department of State acknowledged receipt of Local Law No. 1 of 2003, to be effective on July 21, 2003, referring to the zone change of S.C.W.P. LLC. and First National Bank of Dryden. Town Clerk Snyder apprised the Board two certiorari actions were filed in the Clerk's office from Pall Trinity Micro Corp. and Barlyn Realty, LLC. RESOLUTION #147 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR REVIEW OF ASSESSMENTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Notice of Petition," regarding their current assessments from the following: Pall Trinity Micro Corp. Tax Map #s: 95.12-01-07.000 95.00-05-12.000 95.00-05-13.000 Barlyn Realty, LLC Tax Map #: 95.00-05-05.120 Town Clerk Snyder apprised the Board a Notice of Claim was filed on behalf of Alicia Zubanic for her son James White, III, who was killed on NYS Route 13 in the Town of Cortlandville. She reminded the Board that the accident took place in the Town, but not on a Town road. RESOLUTION #148 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM DUE TO A MOTOR VEHICLE ACCIDENT Motion by Councilman O'Donnell 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 regarding a motor vehicle accident occurring on May 23, 2003 on Route 13 approximately 300 feet east of Fairfield Drive. Attorney Folmer apprised the Board there is a short period of time in which a Notice of Claim may be filed against a municipality. He believed the attorneys involved had not yet completed their investigation to determine whether Route 13 was a state road, county road or a town road. Therefore, the attorneys would include every agency possible in the Notice of Claim. Attorney Folmer informed the Board the claim was turned over the Town's insurance company. However, the Town is not covered because Route 13 is a state highway. 1 1 LJ .Z 3 7 f AUGUST 06, 2003 TOWN BOARD MEETING PAGE 13 Attorney Folmer reported: Town of Cortlandville Newsletter - 2003: Attorney Folmer apprised the Board the Barrows Group would be printing the Town's newsletter. An insert regarding the Highland Road Sewer Improvement Project would also be included. Notice for a public hearing regarding the sewer improvement project would have to correspond with when the newsletter was published and mailed. NYS Route 13: Attorney Folmer stated the Board must discuss their position regarding construction on NYS Route 13 at a later date. matter. Attorney Folmer requested the Board hold an Executive Session to discuss a personnel Wellhead Protection Plan: Attorney Folmer apprised the Board he was waiting for revisions to the Wellhead Protection Plan from James Trasher of Clough, Harbour & Associates. Once the revisions were complete, the proposed Wellhead Protection Plan could be resubmitted to the County Planning Board. Correspondence from Nick Renzi, Planning Board Member: Attorney Folmer apprised the Board he received correspondence from Planning Board Member, Nick Renzi, regarding the adopted Aquifer Protection Permit for Gregory Leach's transfer station. Attorney Folmer had not yet responded to the letter. Zoning Amendment to Establish a B 1 and B2 Zoning District: Attorney Folmer reminded the Board of the idea for a zoning amendment to establish a B 1 and B2 zoning district, which was discussed in the past but not acted on. He stated the B 1 zoning district was something the Board should perhaps consider and discuss at a later date. Attorney Folmer apprised the Board his vacation was cancelled and would therefore be attending the August 16, 2003 Town Board Meeting. Emory Knight Junkyard Violation: Attorney Folmer apprised the Board he inspected the Emory Knight junkyard situation, which was not yet resolved. He informed the Board he dictated a letter to Attorney Hoffman, counsel for Mr. Knight, indicating that when the status of the matter was reported to Judge Casullo, he would have no other choice than to recommend he establish a trial date. It was apparent to Attorney Folmer that Mr. Knight had done nothing to resolve the situation. The piece of heavy equipment used to remove the rubbish was no longer located on Mr. Knight's property. RESOLUTION #149 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales tax which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 2004, and it is further 238 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 14 RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2003. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Sheriff Lee Price regarding vehicle and traffic radar detail for McLean Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Supervisor Raymond Thorpe to Kevin Howe, Cortland Standard, regarding News Reporter, Jill Giocondo. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Supervisor Raymond Thorpe to Roy Susskind, J.M. Murray Center, regarding the landscaping on the J.M. Murray Center property on NYS Route 13. All voting aye, the motion was carried. RESOLUTION #150 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR POLKVILLE CRUSHED STONE TO TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit submitted by Suit-Kote Corporation for Polkville Crushed Stone, for property located at US Route 11 in Polkville, tax map #97.00-01- 31.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION 9151 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR POLKVILLE TERMINAL TO TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit submitted by Suit-Kote Corporation for Polkville Terminal, for property located off of US Route 11, tax map #87.00-03-16.121, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #152 AWARD BID TO THOMA DEVELOPMENT FOR PROGRAM DELIVERY SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $12,000 FOR COUNTRY INN & SUITES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Thorpe Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Nay 239 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 17 WHEREAS, bids were advertised for program delivery of the Community Development Block Grant (CDBG) for Country Inn & Suites, and WHEREAS, sealed bids were opened on July 24, 2003 at 3:00 p.m. and provided to the Town Clerk for review as follows: Thoma Development Consultants $12,000 34 Tompkins Street Cortland, New York 13045 BE IT RESOLVED, the bid as recommended by the Town Cleric is hereby awarded to Thoma Development Consultants of Cortland, New York in the amount of $12,000. RESOLUTION 4153 AMEND 2002 TOWN OF CORTLANDVILLE FEE SCHEDULE PER NYS DEPARTMENT OF HEALTH Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby amend the 2002 Town of Cortlandville Fee Schedule to include the following fee increases, per changes made by the New York State Department of Health to be effective August 1 St, 2003: Marriage Licenses: $40.00 Genealogy Copies: 1-3 year search $22.00 7-10 year search $42.00 11-20 year search $62.00 21-30 year search $82.00 Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Matthew Podniesinski, NYS DEC regarding the Summerville Mine. All voting aye, the motion was carried. RESOLUTION #154 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO ROY TEITSWORTH MUNICIPAL AUCTION IN LANSING, NY ON SEPTEMBER 13, 2003 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to send the following surplus equipment to Roy Teitsworth Municipal Auction in Lansing, New York on September 13, 2003: - One 1990 Ford 555C Backhoe s/n A411169 from Water Departmant - One 1987 International 10-wheel dump truck with plow equipment s/n 1HTZVGJT8HHA21210 144,941 miles/3412 hours - Two 1989 Dodge 1/4 ton pickups, 4x4, with plows, automatic transmission s/n 1B7KM26Z9KS130610 79,642 miles and s/n 1B7KM26ZOKS130611 90,847 miles - One 1995 gallon dump box m/n 402-4-2, 11 foot, s/n 955952, power up/power down - One 1988 Fontaine Flow Body Box m/n AL-3020 10 foot - One Austin Western Grader, Bull Blade - Two push mowers, one 22" cut, 3.5 hp, Briggs & Straton, m/n B2240050; one 20" cut, 6.0 hp, Briggs & Straton Swisher Cut m/n QFC6000 AUGUST 06, 2003 TOWN BOARD MEETING PAGE 16 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Cortland County Town Supervisors and Village Mayors to Chairman of Budget & Finance, Ron VanDee, County Administrator, Scott Schrader, and the County Legislators and Chairman, regarding the AdHoc Committee's suggested distribution of Sales Tax. All voting aye, the motion was carried. Supervisor Thorpe asked the Board to acknowledge the correspondence from County Administrator, Scott Schrader to the County Legislators. He thanked Legislator Paul Allen once again for promptly informing the Board of the sales tax negotiations. County Legislator, Paul Allen apprised the Board the timber from the County Farm would be removed in September 2003. He informed the Board the County was applying for a subdivision of the land. The property would go to auction once the subdivision is final. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 7:55 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye the motion was carried. There was discussion regarding the adoption of Local Law No. 2 of 2003, "Design and Development Guidelines." Since the plan was adopted, the Board believed the zoning of the NYS Route 281/13 corridor area should be reexamined to be consistent with the Comprehensive Plan. Attorney Folmer stated he and James Trasher of Clough, Harbour & Associates would reexamine the zoning along the corridor and report back to the Board with recommendations. Until the report was received, no rezoning should be considered. RESOLUTION #155 REEXAMINE ZONING OF NYS ROUTE 281/13 CORRIDOR AREA TO BE CONSISTENT WITH LOCAL LAW NO. 2 OF 2003 AND THE COMPREHENSIVE LAND USE & AQUIFER PROTECTION PLAN Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney and the Town's engineering consultant firm, Clough, Harbour & Associates, to reexamine the zoning along the NYS Route 281/13 corridor area to be consistent with Local Law No. 2 of 2003 and the Comprehensive Land Use & Aquifer Protection Plan, and to report back to the Board with recommendations, and it is further RESOLVED, the Town Board shall not consider any rezoning until the report has been received. 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 8:40 p.m. Resp ctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville