March 9 Minutes
GEDDES TOWN BOARD MEETING
MARCH 09, 2010
RESOLUTIONS # 65 – 77
Officers Present:
Supervisor Falcone
Councilor Ryan
Councilor Albrigo
Councilor Czaplicki
Councilor Palerino
Councilor Patalino
Councilor Valenti
Town Clerk: Joseph Ranieri
Call to Order: 7:00PM
Pledge of Allegiance & Prayer
Resolution # 65
Executive Session
On motion of Councilor Patalino, seconded by Councilor Valenti, the following resolution that the Board move into executive session to discuss pending litigation was unanimously adopted.
7:01PM
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan & Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
The executive session ended at 7:45PM. The supervisor stated that no action was taken.
Public Comments:
Joseph Wall, 410 Bronson Rd spoke about the Noise Code and inquired about a report.
He was informed that the report is a work in progress and he would be contacted when it was ready.
Michael Kempisty, no address given, spoke regarding the agenda for this meeting and asked that resolution # 8 be pulled.
Greg Maxwell, Comptroller, gave a report on potential sales tax allocation scenarios regarding Onondaga County. Greg Maxwell and Bob Czaplicki are participating in the Town Supervisors Association Sales Tax Committee. Nick Mazza, 113 Bury Dr and Tom Blake of 124 Alhan Pkwy asked questions regarding the report. The county is meeting with representatives of the towns and villages during the next few weeks.
Resolution # 66
Police Patrol Vehicle Purchase
Motion: Councilor Patalino Second: Councilor Palerino
Resolved to authorize the purchase of two (2) 2010 Ford Crown Victoria Police Interceptor vehicles and related equipment under New York State Contract at a maximum cost of $60,000 and authorizing the issuance of a Bond Anticipation Note (BAN) to pay the cost thereof.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 67
Seasonal Park Laborer Appointment
Motion: Councilor Patalino Second: Councilor Ryan
Resolved that the Town Board authorize the appointment of Mr Ron Morgan as the Seasonal Park Laborer commencing April 5, 2010 and ending November 12, 2010 at a rate of $10.63 per hour and mileage for a maximum of 25 hours per week with no benefits.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 68
Workplace Violence Policy
Motion: Councilor Ryan Second: Councilor Patalino
Resolved that the Town Board approve a Workplace Violence Policy as required by PESH (Public Employee Safety & Health). This Policy prohibits workplace violence. It covers all employees, members of the public, vendors, contractors, consultants and others who do business with the Town of Geddes. The definitions of workplace violence are listed specifically in the Town Clerks office. Instructions on reporting any incidents are listed there also. Responsibilities of the Town Supervisor, Chief of Police, Department Heads, Employees and Staff, and the Town Board are listed. All employees will receive a copy of this policy. One will also be available at the Town Clerks office.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 69
Public Hearing Scheduled – Time Warner Cable Proposed Franchise Renewal Agreement
Motion: Councilor Ryan Second: Councilor Valenti
Resolved that a public hearing be scheduled on April 13, 2010 – 7:00PM at the Geddes Town Hall to review the Time Warner Cable Proposed Franchise Renewal Agreement.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 70
Approve PILOT Schedule with Onondaga Renewables
Motion: Councilor Ryan Second: Councilor Albrigo
Resolved that the Town Board approve the PILOT Schedule with Onondaga Renewables. The term will be 20 years.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 71
Reimburse attendees for costs at Sales Tax Committee meeting.
Motion: Councilor Patalino Second: Councilor Palerino
Resolved that Councilor Czaplicki and Comptroller Maxwell be reimbursed for their reasonable and necessary costs for their participation with the Town Supervisors Association Sales Tax Committee.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 72
Amend Resolution # 48 of February 9, 2010 meeting.
Motion: Councilor Palerino Second: Councilor Patalino
Resolved to Amend Resolution # 48 of the February 09, 2010 agenda of the Geddes Town Board to clarify that any and all appraisal values shall be considered confidential to the Town and shall not be subject to FOIL or other public disclosure until after a paper street is sold and that paper streets no longer needed by the Town of Geddes will be sold on a case by case basis at a price that is most advantageous to the Town’s taxpayers. In addition to the purchase price, buyers will be expected to pay all costs of the transaction including but not limited to a share of appraisal costs, expenses of the Town related to abstract costs and publication costs.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 73
Site Plan Approval – Thad Kempisty
Motion: Councilor Ryan Second: Councilor Palerino
WHEREAS, by application dated January 27, 2009, received by the Town of Geddes Code Enforcement Office on February 25, 2009, Thad Kempisty (hereinafter referred to as the “Applicant”), applied for site plan approval to operate a “motor vehicles sales lot with office and accessory vehicle inventory area” on property identified as Tax Map No. 019-01-12.2, a 0.75 acre parcel situated in the Commercial-C: Heavy Commercial District; and
WHEREAS, the Town Board, during its regularly scheduled Town Board meeting on March 10, 2009, referred the site plan to the Town of Geddes Planning Board for review and recommendation; and
WHEREAS, no other agency has the legal authority or jurisdiction to approve or directly undertake an application for site plan approval, such that there are no other involved agencies within the meaning of the New York State Environmental Quality Review Act (“SEQR”) with respect to the proposed approval of the said site plan; and
WHEREAS, the Applicant submitted an amended site plan, titled “Site Plan,” dated January 14, 2009, with latest revision date February 15, 2010, prepared by Napierala Consulting, requesting approval for permission to operate a “motor vehicle sales, service and repair facility, with accessory vehicle inventory area,” on property identified as Tax Map No. 019-01-12.2, and for permission to operate a “motor vehicle sales, service and repair facility, construction yard and wholesale business” on property identified as 019-01-11.1, more commonly known as 1187 State Fair Boulevard; and
WHEREAS, the Town Board has reviewed the proposed project in coordination with the Onondaga County Planning Board and the Town of Geddes Planning Board; and
WHEREAS, the Town of Geddes has carefully considered the recommendations of the Onondaga County Planning Board rendered in Resolutions OCPB Case # Z-10-1 and OCPB Case # Z-09-87, dated January 20, 2010, and March 10, 2009, respectively, having accepted and addressed each of the County’s recommendations; and
WHEREAS, the Applicant applied to the Town of Geddes Zoning Board of Appeals for variance relief from Sections 240-28B(14) and (17) of the Town of Geddes Zoning Code for permission to allow six (6) customer parking spaces for a proposed 4,000 square foot building for motor vehicle service, repair and sales on Tax Map No. 019-01-12.2; and
WHEREAS, the Town of Geddes Zoning Board of Appeals, by Appeal #530, dated December 23, 2009, granted Applicant the requested variance relief, subject to certain enumerated conditions; and
WHEREAS, the Town of Geddes Planning Board, in its review and advisory role to the Town Board, has conducted a thorough and extensive analysis of the proposed site plan; and
WHEREAS, by letter dated March 2, 2010, the Geddes Planning Board recommended approval of Applicant’s amended site plan for Proposed Vehicle Sales & Repair, Sheet C-1 titled “Site Plan,” dated January 14, 2009, with latest revision date February 15, 2010, and sheet C-2 titled “Topographical Information,” dated December 21, 2009, as prepared by Napierala Consulting, subject to several conditions; and
WHEREAS, pursuant to Chapter 240, Sections 17(A)(2), (4) and (5) of the Town of Geddes Zoning Code, this Board has authority to grant site plan approval for the location and operation of a wholesale business, motor vehicle sales facility, and a motor vehicle service and repair facility, respectively, on property situated within the Commercial C: Heavy Commercial District; and
WHEREAS, the operation of a construction/ storage yard is permitted in the Commercial C: Heavy Commercial District only upon issuance of a special permit by the Town of Geddes Zoning Board of Appeals, in accordance with Chapter 240, Section 17(B)(4) of the Town of Geddes Zoning Code.
NOW THEREFORE, BE IT
RESOLVED AND DETERMINED, that the Board has reviewed the proposed amended site plan and hereby determines that there are no other involved agencies and the Town Board shall act as lead agency and that approval of the proposed amended site plan is an unlisted action for purposes of SEQR; and it is further
RESOLVED AND DETERMINED, in view of the proposed mitigative measures and recommendations set forth by the County and conditions recommended by the Town of Geddes Planning Board and conditions of the Town of Geddes Zoning Board of Appeals area variance approval, the amended site plan will not result in any adverse environmental impacts; and it is further
RESOLVED AND DETERMINED, that the motor vehicle sales, motor vehicle service and repair, and wholesale business uses, as proposed, will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics; and it is further
RESOLVED AND DETERMINED, that the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses are to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use; and it is further
RESOLVED AND DETERMINED, that the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses are physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use in proximity to the subject site; and it is further
RESOLVED AND DETERMINED, that the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses will be provided with adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use; and it is further
RESOLVED AND DETERMINED, that controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended. In so determining, the Town considered: the location and adequacy of parking and loading facilities for the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses; pedestrian rights-of-way; traffic regulatory devices; location, number and design of points of ingress and egress; accessibility by emergency vehicles, with particular emphasis on access to structures, and provision for turning and free movement; provision for snow storage; age and mobility of all persons for whose benefit the motor vehicle sales, motor vehicle service and repair, and wholesale business uses are intended; and the speed limits upon and general character of State Fair Boulevard; and it is further
RESOLVED AND DETERMINED, that the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses will not generate any adverse environmental impact upon the surrounding properties, including but not limited to the emission of dust, noise, vibration, heat, glare, odor or electronic interference; and it is further
RESOLVED AND DETERMINED, that the drainage facilities on the site are appropriate for the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses and are properly integrated into off-site drainage systems; and it is further
RESOLVED AND DETERMINED, that the Board, in reaching the aforementioned conclusions, considered the geometric characteristics of all structures and related improvements, the aesthetic characteristics, including design, texture, materials, colors and illumination, the physical attributes of the site, including size, shape, elevation, topography and natural vegetation, and the nature and intensity of development in general proximity to the proposed motor vehicle sales, motor vehicle service and repair, and wholesale business uses; and it is further
RESOLVED, that the amended site plan for Thad Kempisty, in accordance with a drawing for Proposed Vehicle Sales & Repair consisting of Sheet C-1 titled “Site Plan,” dated January 14, 2009, with latest revision date February 15, 2010, and sheet C-2 titled “Topographical Information,” dated December 21, 2009, as prepared by Napierala Consulting, for permission to operate a motor vehicle sales, service and repair facility on property identified as Tax Map No. 019-01-12.2, and for permission to operate a motor vehicle sales, service and repair facility and wholesale business on property identified as 019-01-11.1, is hereby approved, subject to the following conditions:
List of Conditions:
- Subject to the comments and conditions of the Town of Geddes Planning Board in its letter of March 2, 2010, which require Applicant to submit the following:
- revised drawings which shall include a table setting forth the applicable zoning requirements as mandated by the Town of Geddes Zoning Code and the project’s compliance with same. The table shall be added directly to the drawings and shall not be included as a separate attachment of two (2) 8.5 x 11 sheets; and
- such revised drawings shall also include a note, to be added to drawing C-1, stating that there shall be no servicing or repair of vehicles in customer or employee parking areas or vehicle display areas; and
- a revised “Amended Site Plan Review Application,” wherein any reference to the Applicant’s submission of the application “In Protest” and any contention that the application consists of a “legal non-conforming use” is to be removed. In addition, reference to Chapter 240 Sections 20, 21, and 22 shall also be removed. Such revised application must be submitted to the Town of Geddes Code Enforcement Office on or before March 19, 2010; and
- a revised Short Environmental Assessment Form wherein any reference to the existence of a “Non-Conforming Use” or language indicating that permission or approval by the Town is “disputed” shall be removed.
- Subject to the conditions of approval set forth by the Town of Geddes Zoning Board of Appeals in Appeal #530, dated December 23, 2009, which require the following:
- Applicant’s submission of an updated site plan showing two (2) additional employee parking spaces with dimensions of each space; and
- the customer parking spaces must be paved, as opposed to surfaced with millings; and
- the customer and employee parking spaces are for customer and employees only; there may be no long term storage of vehicles; and
- that vehicles in the customer parking areas may be parked in such spaces for a maximum of 24 hours; and
- that there shall be no servicing of vehicles in any of the customer and employee parking areas; and
- the size and location of the side service gate shall be 14 feet wide.
- In accordance with the special conditions set forth in Chapter 240, Section 25(D)(4)(f) for motor vehicle service and repair facilities, all repair or servicing of vehicles, on either Tax Map No. 019-01-12.2 or 019-01-11.1, must be performed indoors.
- In accordance with the special conditions set forth in Chapter 240, Sections 25(D)(4)(g) and Section 25(D)(5)(d) for motor vehicle service and repair facilities and motor vehicles sales facilities, no unlicensed or dismantled motor vehicles or auto parts may be stored outdoors on either Tax Map No. 019-01-12.2 or 019-01-11.1.
- In accordance with the special conditions set forth in Chapter 240, Section 25(D)(4)(h) for motor vehicle service and repair facilities, no vehicles situated on either Tax Map No. 019-01-12.2 or 019-01-11.1 for purposes of motor vehicle repair or service, shall be parked or stored outdoors for purposes of sale or offering for sale of such vehicles.
- In accordance with the special conditions set forth in Chapter 240, Section 25(D)(5)(a) for motor vehicle sales facilities, all sales, rental or leasing activities on either Tax Map No. 019-01-12.2 or 019-01-11.1 shall be maintained within an enclosed building.
- In accordance with the special conditions set forth in Chapter 240, Section 25(D)(5)(b) for motor vehicle sales facilities, the outdoor display of vehicles for sale, rent or lease shall be in an orderly manner on either Tax Map No. 019-01-12.2 or 019-01-11.1 in conformance with the site plan. Applicant must provide and maintain adequate aisle space to move vehicles.
- In accordance with the special conditions set forth in Chapter 240, Section 25(D)(5)(c) for motor vehicle sales facilities, in no event shall a lighting device be placed or directed on either Tax Map No. 019-01-12.2 or 019-01-11.1 in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon State Fair Boulevard, a sidewalk or upon adjacent premises to as to cause glare or reflection that may constitute a traffic hazard or nuisance.
- Applicant shall complete all site plan improvements, as shown on the drawings for the Proposed Vehicle Sales & Repair, consisting of Sheet C-1 titled “Site Plan,” dated January 14, 2009, with latest revision date February 15, 2010, and sheet C-2 titled “Topographical Information,” dated December 21, 2009, as prepared by Napierala Consulting, by July 15, 2010, with the exception of the construction of the proposed structure on Tax Map No. 019-01-12.2, which shall be constructed in accordance with the time limits set forth in Chapter 240, Section 26(E) of the Town of Geddes Zoning Code.
- Subject to the Applicant obtaining necessary permits and approvals from NYSDOT, NYSDEC, OCWA and any other necessary governmental agencies.
- Subject to Town Engineer’s review and approval of the revised amended site plan.
- Payment of any and all developer fees due to the Town by the Applicant pertaining to the review of this application.
RESOLVED, site plan approval for permission to operate a construction/ storage yard is denied for the reasons set forth in the final “WHEREAS” clause herein.
The question of the adoption of the foregoing resolution was duly put to a vote and upon roll call, the vote was as follows:
| Vincent Palerino | Councilman | Voted | Yes |
| Gerald Albrigo | Councilman | Voted | Yes |
| Daniel Patalino | Councilman | Voted | Yes |
| E. Robert Czaplicki | Councilman | Voted | Yes |
| Paul Valenti | Councilman | Voted | Yes |
| Christopher Ryan | Councilman | Voted | Yes |
| Emanuele E. Falcone | Supervisor | Voted | Yes |
Resolution # 74
Renew Dental Plan with Excellus
Motion: Councilor Patalino Second: Councilor Czaplicki
Resolved that the Town Board approves the renewal of the Dental Plan with Excellus effective April 1, 2010.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 75
Unsolicited Donations – Police Department
Motion: Councilor Palerino Second: Councilor Czaplicki
Resolved that two unsolicited donations in the amount of $200.00 be accepted on behalf of the Police Department for their use.
The Comptroller will amend account funds B-0000-2705 (Gift and Donations) also B-3120-0410 (Schools and Training – Police) to recognize the receipt of said donations. The donations were received from Valu Home Centers Inc and Elaine and Frank Grovine.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 76
Commence Action in Onondaga County Supreme Court.
Motion: Councilor Czaplicki Second: Councilor Patalino
Resolved to authorize Counsel to commence an action in Onondaga County Supreme Court in accordance with discussions of the Board in Executive Session.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Resolution # 77
Approval of Minutes
Motion: Councilor Palerino Second: Councilor Czaplicki
Resolved that the Town Board approve the minutes of the February 09, 2010 minutes as submitted by the Town Clerk.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted Yes. Ayes – 7 Nays – 0 Carried
Adjournment
Motion: Councilor Czaplicki Second: Councilor Palerino
Resolved that this meeting be adjourned at 8:15pm.
All in favor Ayes – 7 Nays – 0 Carried.
Submitted by:
Joseph L Ranieri
