May 11 Minutes
GEDDES TOWN BOARD MEETING
MAY 11, 2010
RESOLUTIONS # 97 – 110
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
Public Hearing – Subdivision of property by Tim Hortons, USA Inc.
The Supervisor, on motion from Councilor Czaplicki, seconded by Councilor Palerino and duly adopted opened the Public Hearing at 7:03PM.
Notice is hereby given that at a regular meeting of the Town Board of the Town of Geddes, scheduled to be held on May 11, 2010 at the Town Hall located at 1000 Woods Road, Solvay, New York, a public hearing will be held commencing at 7:00PM, or as soon thereafter as the matter can be heard, to consider the application of Tim Hortons USA Inc regarding a subdivision of property for Tax Map Number 055.-01-02.3, located on the north side of Onondaga Blvd, approximately 230 west of the intersection of Onondaga Blvd and Velasko Road and bordered on the North by property now or formerly owned by Western Lights Station, Inc 4635-4729 Onondaga Blvd; bordered on the South by Onondaga Blvd; bordered on the East by property now or formerly owned by Kenwood Syracuse LLC, 4751 Onondaga Blvd. and bordered on the West by property now or formerly owned by AEI Accredited Investor Fund, 4741 Onondaga Blvd, Town of Geddes, Onondaga County, New York.
The parcel of land involved is more particularly described in the attached Schedule “A”,
but is generally located at the aforementioned address.
The above Preliminary Plan is open for inspection at the Office of the Town Clerk of the Town of Geddes during regular business hours. The appearance by the Applicant is required at such hearing and all other persons wishing to appear at such hearing may do so in person or by attorney. Said Town Board will hear all persons in support of such Application and any objections thereto. Communications in writing in relation to the application may be filed with the Town of Geddes Town Clerk, 1000 Woods Road, Solvay, New York 13209 prior to or at such hearing.
The regular meeting of the Town Board will be held following the public hearing and such regular meeting, as well as the public hearing, is open to the public.
Joseph Durand, PE TDK Engineering representing Tim Hortons USA gave a brief presentation.
With no one else wishing to be heard the Supervisor, on motion from Councilor Czaplicki, seconded by Councilor Patalino and duly adopted closed the public hearing at 7:08PM.
Public Hearing – SPDES General Permit Review for Stormwater Discharges from Small Municipal Separate Storm Sewers (MS4) Annual Report
The Supervisor opened the Public Hearing at 7:09PM on motion of Councilor Czaplicki, seconded by Councilor Patalino and duly adopted. The supervisor read the notice regarding the reviewing of the SPDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewers (MS4) Annual Reports. Said report will be made available for inspection starting on April 29, 2010 in the Town Clerk’s office during regular business hours. Any person wishing to appear at such hearing may do so in person or by attorney. Communications in writing in relation to the report may be filed with the Town of Geddes Town Clerk, 1000 Woods Road, Solvay, New York 13209 or at such hearing.
The regular meeting of the Town Board will be held following the public hearing and the regular meeting is also open to the public.
William Morse from W-M Engineers, PC explained briefly the workings of the aforementioned procedures.
With no one else wishing to be heard the public hearing was closed at 7:11PM.
Petitions
300 Longbranch Realty Inc. – Site Plan Application
Location: 208 Longbranch Road
Represented by Applicant - David Bianchi
Property Owner – 300 Longbranch Realty Inc
Description: Place metal storage containers on top of ground. Storage containers vary in size from 8 ‘ by 10’ to 8’ by 20’ to 8’ by 40’. The containers will be available for rent.
Resolution # 97
Send 300 Longbranch Realty Inc project to Planning Board for Their Review and Recommendation.
Motion: Councilor Czaplicki Second: Councilor Palerino
All in favor: Ayes – 7 Nays – 0 Carried
Petition # 2
First Niagara Bank – Site Plan Application
Location – Fairmount Fair Plaza
Represented by – Chris Wood of Carmina Wood Morris PC
Property Owner – Benderson Development Co
Description – Construction of a bank with drive-thru and associated parking.
Resolution # 98
Send First Niagara Bank Project to Planning Board for Their Review and Recommendation.
Motion: Councilor Czaplicki Second: Councilor Patalino
All in favor: Ayes – 7 Nays – 0 Carried
Public Comment:
Sarah Waters representing Girl Scout Troop 175 spoke requesting that the Town of Geddes post No Smoking signs in all Town Parks. The entire Troop presented letters to the Town Clerk.
Greg Maxwell, Comptroller, gave a report regarding the Sales Tax decisions made by the County Legislature. He spoke about the dramatic loss in sales tax revenue that the Town of Geddes will receive starting in 2011. Within a 3 year period the town will reduce from $2,900,000 to zero dollars of sales tax revenue. During that time he estimates that the tax increase to offset the revenue will be over $500 on a $100,000 home, with an increase of $304 in 2011.
Hank DeStefano, 207 Wilshire Rd, suggested a meeting to give town residents an opportunity to weigh in on what services they are willing to continue by paying higher taxes.
Joseph Wall, 410 Bronson Rd, spoke about continuing issues with his neighbor regarding a barking dog and his interest in addressing the Town Code.
Jenny Dickinson of the Onondaga County Health Dept spoke about the Young Lungs at Play program. She is asking the Town of Geddes to join other towns in Onondaga County and pass a resolution asking people to refrain from smoking in all Town parks.
John Fritzen, 120 Curtis Ave, spoke about the Neighborhood Watch of CNY group presenting an award to the Long Branch group on June 8. He complimented all the participants and Town working together to improve the area. He also commented on graffiti on the bathrooms at Lindbergh Lawn, hoping to remove rather than paint over.
Kevin Marino, 305 Montrose Ave, asked if any PILOT Programs would be expiring in the next few years. He also inquired about the Motorcycle Club in Lakeland and his concerns regarding parking and noise. He was informed that the Zoning Board would hold a hearing regarding their request on May 12, 2010.
Resolution # 99
Executive Session
On Motion of Councilor Czaplicki, seconded by Councilor Patalino, the following resolution that the Board move into executive session to discuss the potential sale and purchase of real property and personnel issues was unanimously adopted. 7:42PM
The executive session ended at 8:32PM. The supervisor stated that no action was taken.
Resolution # 100
Section 284 NYS Highway Law Agreement for 2010
Motion: Councilor Patalino Second: Councilor Czaplicki
Authorization for the Town Board and Highway Superintendent to enter into the Section 284 of the New York State Highway Law Agreement for 2010 for Street Resurfacing, Slurry Seal and Drainage Project.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
Resolution # 101
Solvay-Geddes Memorial Association Support
Motion: Councilor Czaplicki Second: Councilor Ryan
Authorization to provide support in the amount of $200.00 to the Solvay-Geddes Memorial Association for Memorial Day festivities.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
Resolution # 102
Elevator/Handicap Entrance Grant
Motion: Councilor Czaplicki Second: Councilor Palerino
Authorization for the Town Supervisor to sign grant from New York State to upgrade the elevator and handicap entrance at the Town Hall. Grant was obtained through assistance of Senator DeFrancisco.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
RESOLUTION # 103
TOWN OF GEDDES TOWN BOARD
May 11, 2010
SEQR DETERMINATION AND SITE PLAN APPROVAL
Tim Hortons Store # 913325 (Onondaga Blvd.)
Moved: Councilman Czaplicki
Seconded: Councilman Patalino
With regard to the application of Tim Hortons USA, Inc. for site plan approval for a new Tim Hortons restaurant to be located on Onondaga Blvd., Tax Map No. 055-.01-02.3, in accordance with an application presented to the Town dated November 2, 2009, this Board makes the following findings and determinations:
∙ The Town Planning Board, by letter dated May 4, 2010, has recommended that the proposed site plan be approved.
∙ The County Planning Board, in response to a GML-239 referral has indicated in a resolution dated November 17, 2009 that the proposal will have no significant adverse inter-community or county-wide implications and has offered a number of comments, all of which have been addressed and included in the project plan.
∙ This Board determines that the proposed project is an unlisted action, that there are no other involved agencies, that interested agencies include Onondaga County DOT, Onondaga County DOH, Onondaga County WEP, that these interested agencies have approvals that are ministerial in nature, that this board will proceed on an uncoordinated basis and that this Board is acting as lead agency for purposes of SEQR.
∙ Based upon a review of the short eaf submitted in support of this application, the criteria set forth in 6 NYCRR part 617, the application and various submissions, a traffic impact assessment dated April 13, 2010 prepared by GTS Consulting indicating that this project would not be a significant traffic contributor in this area, a Tractor & 53′ long trailer turning radius map dated 4/14/10. the SWPPP, having been reviewed by the Town Engineers and approved, this Board, as lead agency, determines that there are no adverse environmental impacts likely to emanate from the approval of this application.
∙ This Board, as lead agency hereby renders a negative declaration for purposes of SEQR.
∙ This Board hereby grants site plan approval for the project for the Tim Hortons Store # 913325 indicated at 4753 Onondaga Blvd., in accordance with plans prepared by TDK Engineering Associates, P.C., consisting of a cover and 15 sheets, dated 11/2/09, as revised to 4/14/10, as follows:
∙ Cover
∙ Site Plan (revised to 4/29/10) SP-1
∙ Erosion & Sediment Control 1. Plan ES-1 2. Details and Specifications ES-2
∙ Paving, Grading & Drainage
1. Plan GD-1
2. Details & Specifications GD-2 3. Details & Specifications GD-3 4. SWMA Details & Specifications GD-4
∙ Utility Systems
1. Plan UP-1 2. Details & Specifications UP-2
Pavement Marking & Partial Signage Plan SS-1
∙ Photometric Lighting
1. Plan PL-1
2. Details & Specification PL-2
∙ Landscaping
1. Plan LS-1
2. Planting Chart LS-2
∙ Building Elevations BE-1
∙ This approval is expressly conditioned upon the following:
1. Payment of any and all Developer Fees incurred by the Town of Geddes in the review of this application in accordance with the Code of the Town of Geddes.
2. Obtaining necessary permits from various County agencies (WEP, DOH, DOT, etc.) and providing copies of same to both the Geddes Town Clerk and its Town Engineer.
3. Subject to the City of Syracuse granting an ordinance allowing encroachment onto its water line easement as shown on the plans and filing a copy of same with both the Geddes Town Clerk and the Town’s Attorney.
4. Use of either brick or cement fiber panels which have a brick and stone appearance on the exterior of the building, in accordance with the submissions by the applicant dated April 12, 2010 and the Building Elevation Plan BE-1, revised to April 14, 2010.
5. Subject to the final execution of a Stormwater Control Facility Maintenance Agreement between the Town and the applicant.
6. The use of loud speakers and/or any other audio equipment is prohibited in the outdoor dining area.
7. The dumpster enclosure exterior shall match the building exterior – refer to architectural plans and details (see Bldg. Elevation Plan – BE-1.)
8. The Town prefers that site deliveries enter through the interior (shopping center) driveway.
9. Subject to a final SWPPP – approved by the Town Engineer and Stormwater Management Officer.
The question 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, Jr. | Supervisor | Voted | Yes |
The foregoing Resolution was thereupon declared duly adopted.
RESOLUTION # 104
TOWN OF GEDDES TOWN BOARD
May 11, 2010
SEQR DETERMINATION
PRELIMINARY AND FINAL SUBDIVISION APPROVAL
Tim Hortons/Western Lights Shopping Plaza Amended
Moved: Councilman Czaplicki
Seconded: Councilman Patalino
With regard to the application of Tim Hortons USA, Inc. for the resubdivision of lands located on Onondaga Blvd., Tax Map No. 055-.01-02.3, in accordance with an application presented to the Town dated November 2, 2009, this Board makes the following findings and determinations:
∙ The Town Planning Board, by letter dated April 6, 2010 has recommended that the proposed resubdivision be approved.
∙ The County Planning Board, on GML 239 referral, by resolution dated November 17, 2009, determined that this project will have no significant adverse inter-community implications and offered several comments which have been included in the project plans.
∙ This Board determines that the proposed project is an unlisted action, that there are no other involved agencies, that interested agencies include Onondaga County DOT, Onondaga County DOH, Onondaga County WEP, that these interested agencies have approvals that are ministerial in nature, that this board will proceed on an uncoordinated basis and that this Board is acting as lead agency for purposes of SEQR.
∙ This Board has held a duly noticed public hearing to consider this application on May 11, 2010.
∙ Based upon a review of the short eaf submitted in support of this application, the criteria set forth in 6 NYCRR part 617, the application and various submissions, a traffic impact assessment dated April 13, 2010, prepared by GTS Consulting indicating that this project would not be a significant traffic contributor in this area, the SWPPP, having been reviewed by the Town Engineers and approved, this Board, as lead agency, determines that there are no adverse environmental impacts likely to emanate from the approval of this application.
∙ This Board, as lead agency hereby renders a negative declaration for purposes of SEQR.
∙ This Board hereby grants Preliminary Approval to the subdivision known as “Western Lights Shopping Center Amended, in accordance with a plan prepared by Millman Surveying, Inc., dated October 27, 2009, last revised April 6, 2010.
∙ This Board hereby waives the public hearing on the Final Plan for this subdivision on the basis that there is no change between the Preliminary Plan and the Final Plan and grants Final Plan approval.
∙ This approval is expressly conditioned upon the following:
1. Payment of any and all Developer Fees incurred by the Town of Geddes in the review of this application in accordance with the Code of the Town of Geddes.
2. Proper filing of the Final Plan for this subdivision in the Office of the Onondaga County Clerk, and the presentation of duly certified copies of said filed plan in accordance with Town requirements, with the Town Clerk within 90 days of the date of this resolution and a certified copy of the Final Plan being submitted to the Geddes Town Clerk, certified by the County Clerk.
3. Securing of three mile limit approval from the City of Syracuse and providing copies of same to the Geddes Town Clerk and the Town Attorney.
4. Obtaining necessary permits from various County agencies (WEP, DOH, DOT, etc.) and providing proof of same to the Geddes Town Clerk and the Town Engineer.
The question 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, Jr. | Supervisor | Voted | Yes |
The foregoing Resolution was thereupon declared duly adopted.
Resolution # 105
Site Plan Modification/Five Guys Restaurant
Motion: Councilor Ryan Second: Councilor Czaplicki
Ratification of the SEQR determination of September 11, 2007 and authorization for the Town Board to approve a minor modification to the site plan for Benderson Development LLC originally approved on September 11, 2007 related to site plan drawing No C – 4 dated 2-20-07 last revised 4-23-10. With the condition that no outside speakers are allowed. As per Benderson Development, there will be a black iron fence around the outside seating area with landscaping.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
Resolution # 106
Rescind resolution # 96 from April 13, 2010 Board Meeting
Motion: Councilor Patalino Second: Councilor Valenti
Rescinding resolution # 96 from the April 13, 2010 meeting related to denial of a grievance from the Town’s Highway Union.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
Resolution # 107
Remove Officer Salvagno from Town Payroll
Motion: Councilor Czaplicki Second: Councilor Patalino
That the Town Comptroller is directed to remove Daniel Salvagno from the Town payroll by May 15th, in accordance with the April 15, 2010 letter from the NYS Comptroller’s Office, unless we receive written extension of the 30-day deadline from the NYS Comptroller’s Office by May 14, 2010, in which case this determination will be held in abeyance until June 9, 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 # 108
Sales Tax Revenue Committee
Motion: Councilor Ryan Second: Councilor Patalino
Motion to form a committee to deal with sales tax revenue shortfalls intended to examine and research ways to address opportunities to include but not limited to Towns salvation, shared revenues and proactively speak to adjacent towns to do whatever we need to find ways to mitigate the revenue shortfall.
A Roll Call Vote was taken. Councilors Palerino, Albrigo, Patalino, Czaplicki, Valenti, Ryan and Supervisor Falcone voted yes. Ayes – 7 Nays – 0 Carried
Resolution # 109
Reinstitute County Board of Supervisors
Motion: Councilor Czaplicki Second: Councilor Palerino
As a result of the action taken by the County Executive and County Legislature regarding the sales tax issue, I’d like to make a motion that this Board take whatever action is necessary to reinstitute the original County Board of Supervisors and eliminate the County Executive position and eliminate County Legislators. I would also move that the Supervisor send a copy of this resolution to all towns and villages in Onondaga County asking for their support and assistance.
A Roll Call Vote was taken.
Councilor Palerino - Yes
Councilor Albrigo - No
Councilor Patalino - Yes
Councilor Czaplicki - Yes
Councilor Valenti - Yes
Councilor Ryan - No
Supervisor Falcone - Yes
Ayes - 5 Nays - 2 Carried
Resolution # 110
Approval of Minutes
Motion: Councilor Palerino Second: Councilor Czaplicki
Resolve that the Town Board approve the minutes of April 13, 2010 Board Meeting as submitted by the Town Clerk.
All in favor: Ayes – 7 Nays – 0 Carried
Adjournment
Motion: Councilor Czaplicki Second: Councilor Palerino
Resolved that this board meeting be adjourned at 8:56pm.
All in favor. Ayes – 7 Nays – 0 Carried
Submitted by:
Joseph L Ranieri
