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Page 1 of 5 TOWN OF STERLING PLANNING BOARD MEETING November 7, 2016 A regular meeting of the Town of Sterling Planning Board was held on Monday November 7, 2016 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Susan Lemon ~ Member Scott Crawford ~ Member Also Present: Steve Keeling, Jeff Couperus, and Christopher Ferlito with Attorney Kimberly Steele, Virginia Fichera and Robin Allinger. Chairman Ouellette called the meeting to order at 7:00 pm. BUSINESS Christopher J. Construction - Proposed Gravel Mine – 13181 Sanford Road, Martville (20.00- 1-68.1) The traffic study evaluation was received from Creighton Manning engineering firm and distributed to the Board members by email and hard copy this past week. The applicant’s attorney, Kimberly Steele, approached the Board and thanked them for moving quickly on procuring the report and proceeded to read aloud the Conclusions (page 9) of the engineer’s report and stated that the mine would not pose a huge impact on the neighborhood’s traffic levels. Chairman Ouellette replied that the members had only recently received the report themselves and were not prepared to discuss the evaluation at this meeting but would at their next meeting on December 5, 2016. Attorney Steele questioned whether the Board was ready to vote on the application tonight and was told that they would consider the possibility of voting at the December 5th meeting when the Town Attorney would be present and would allow the Board to address the mechanics of the process such as closing previous hearings, review checklists of requirements and SEQR. Some discussion ensued amongst the members to meet for a workshop to prepare possible conditions for an approval or a rationale for a denial and have the attorney present to assist that process – possible dates for the meeting Nov 29th or 30th , clerk will inform members after consulting with attorney of the date, as well as posting and publishing the legal notice. It was also decided to re-advertise the Public Hearing and send neighbor notification letters for the mining project for the Dec 5th meeting since more than a year had transpired since they were opened due to the Article 78 filing and subsequent traffic study. C.J. Ferlito stated that he would be available for the workshop in case the Board had questions. He also stated that since he had started this process almost two years ago business opportunities have changed which has altered the intended scope of work planned for this mine. Member Crawford asked if Mr. Ferlito still planned to pursue the permit which he answered yes to, but that without the Onondaga Lake project there would be comparatively less business. Member Bishop enquired whether he wished to change his application and Mr. Ferlito answered he would leave it as is in case another big contract became available. Member Bishop questioned whether the Board could proceed since an appeal had been filed regarding the Article 78 decision, the clerk replied that the Board could proceed because there hadn’t been a stop work or injunction filed against proceeding which attorney Kimberly Steele agreed with. Member Bishop asked Mr. Ferlito what work the County had agreed to perform when he had ---PAGE BREAK--- last spoken to them – he replied that they had verbally stated that they would cut brush around the Pople Road intersection with Sanford Road but hadn’t done anything as of yet. He said he would try to get a plan in writing from them for the next meeting. Member Allen suggested sending the Highway Supervisor, Brian Soper, a copy of the traffic study for his assistance in implementing the recommended techniques of brush removal and center line striping on Sanford Road. Member Allen also stated that the Board should follow- up on the status of the process to lower the speed limit to 45 mph on Sanford Road which Brian Soper had already begun. Fee Schedule – Member Allen updated the members that the changes for subdivision fees were presented to the Town Board at the November meeting and that they would vote on it at the next meeting in December. Training - Chairman Ouellette announced that Cayuga County Planning was hosting a training session on Solar November 17th if anyone wanted to attend. She added that NYSERDA was providing grants to Towns that implemented solar guidelines in their zoning regulations. Rules of Conduct – Member Allen and Chairman Ouellette had mailed the board members copies of ‘Rules of Conduct for the Sterling Planning Board’ that they had formulated since the last meeting to assist in future meetings. The members discussed the following changes : 1. Town Board should be changed to Public Body throughout document. 2. Public Participation phrase shall also be applied to the agenda and meeting minutes, replacing privilege of the floor. 3. Rule 2 – keep length of comments at 3 minutes. 4. Rule 4 deals with the sign-in sheet – add ‘where they live’ after signed name to document, add to sign-in sheet as well. 5. Rule 5 – remove last sentence. 6. Rule 9 add ‘…support other speakers only during their presentation in comments…’. 7. Rule 14 – time for public to vacate building is 15 minutes. Resolution #2016-07 A motion to accept the ‘Rules of Conduct for the Sterling Planning Board’ was moved by Member Crawford and seconded by Member Lemon. All were in favor without further discussion and the motion carried. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Lemon Aye Member Crawford Aye 5 AYES , 0 NAYES, 0 ABSTENTIONS - APPROVED RULES OF CONDUCT & DECORUM TOWN OF STERLING PLANNING BOARD Whereas, the New York State Open Meetings Law (Article 7, Public Officers Law) gives members of the public the right to attend meetings of public bodies but does not give the public the right to speak or otherwise participate at those meetings, except at public hearings and under limited circumstances, and ---PAGE BREAK--- Page 3 of 5 Whereas, the New York State Town Law authorizes a public body to enact rules and regulations regarding the conduct of public meetings and public hearings conducted by a public body, and the New York state Committee on Open Government has agreed that a public body can adopt reasonable rules that treat members of the public equally, and Whereas, the Committee on Open Government has stated that any such rules could serve as a basis for preventing verbal interruptions, shouting or other outbursts, as well as slanderous or obscene language or signs, and that public bodies could regulate actions of the public attending meetings so as not to interfere with meetings or prevent others in attendance from observing or hearing the deliberative process, and Whereas, a public body has a responsibility to insure that everyone has the right to participate in a public hearing and therefore can reasonably limit the length and general nature of public comments of the subject of the public hearing so that a public hearing so that a public body can consider various points of view, and Whereas, a public body can limit other comments from the public meetings of public bodies to a specific time set in the agenda by the Planning Board for public participation and comment. Therefore, be it resolved by the Planning Board of the Town of Sterling that it hereby adopts the following rules for public participation at meetings and hearings of the Planning Board: With the exception of public hearings duly designated as such by action of the Planning Board, public participation at meetings of the Planning Board shall be limited to the public participation segment of the agenda of Planning Board meetings and not at Planning Board workshops. Public comment, whether during the public participation segment of the Planning Board meeting or during a duly designated public hearing, shall be limited to three minutes per person. More comments can be accepted in written form after the meeting is closed. An individual’s time may not be given or traded to other speakers or be reserved for other portions of the meeting. The chairperson or the presiding officer shall act as the timekeeper or shall designate another board member as timekeeper. Any person wishing to speak at a planning board meeting during the public participation segment or during a public hearing must sign in upon entering the room, when such a sign-in sheet is available, indicating his or her intention to speak. This sheet will be used by the Chairperson or the presiding officer to recognize speaker. Any individual wishing to speak during the public participation segment or during a public hearing must be recognized by the chairperson. The chairperson will read the names from the sign-in sheet. If a sign-in sheet is not available, the individual wishing to speak must raise his or her hand and be recognized by the chairperson. The individual must stand and state his or her name, where they live and, if appropriate, group affiliation and must state the subject he or she will be addressing. Comments must relate to the purpose of the meeting, public hearing or legislative Town business. Comments by speakers must be addressed to the Planning Board. ---PAGE BREAK--- Members of the Planning Board, speakers and audience members must observe decorum. Any statements made during the meeting or during a public hearing by the chairperson, members of the Planning Board, Town officials and employees, or members of the general public shall not involve personal, impertinent, or slanderous attacks on individuals, regardless of whether the individual so attacked is an elected official, a Town official or employee, or member of the general public. The chairperson or the presiding officer shall control the meeting. The use of profane, vulgar, inflammatory, threatening, abusive or disparaging language or racial or ethnic slurs directed at the chairperson, members of the Planning Board, Town officials or employees, or members of the general public, or person attending the meeting which are not made during the public participation segment of the agenda or during a public hearing, shall not be tolerated. It is inappropriate to utilize a public meeting for the purpose of making political speeches, including threats of political action and the same, will not be tolerated. Discussion between speakers and attendees of the public meeting or hearing are prohibited. A speaker may disagree with or support other speakers during the presentation. 10.)Banners, flyers or other signs are not permitted in the meeting room; distribution of flyers in the meeting room is not permitted. 11.)If the chairperson or presiding officer fails to enforce the rules set forth above, any member of the Planning Board may move to require him or her to do so, and an affirmative vote of the majority of the Planning Board shall require him or her to do so. Any decision relating to the enforcement of the rules set forth above may be appealed and over turned by a vote of a majority of the Planning Board members. 12.)Any person who disregards the directives of the chairperson or presiding officer in enforcing the rules or generally conducts himself or herself in a boisterous or inappropriate manner while addressing the Planning Board disturbs the peace at the meeting and will be barred from further participation and forfeit any balance of time remaining for his or her comments. 13.)If a speaker who has violated the above rules refuses to step down, the chairperson or presiding officer may ask for the individual to be removed from the meeting room and charged with disorderly conduct as per the Penal Law. 14.)Once the Planning Boar is adjourned, the public must vacate the building within fifteen (15) minutes. Safety Seminar – Chairman Ouellette reminded the Board Members that a state mandated yearly safety seminar was to be held at the Town Hall on November 28th and all planning board members are required to attend. MINUTES Meeting minutes for October 3, 2016 were approved with minor corrections on a motion moved by Member Bishop and seconded by Member Crawford. All were in favor without further discussion and the motion passed. PRIVILEDGE OF THE FLOOR Virginia Fichera – Asked when the workshop would be held –November 29th or 30th. Questioned why the papers the Board Members discussed regarding the rules of conduct were ---PAGE BREAK--- Page 5 of 5 not included in the ‘Meeting Information Binder’. Member Allen and Chairman Ouellette stated that the clerk had received them only a few hours earlier and that the Board members had been mailed copies. Ms. Fichera also commented on the Onondaga Lake project completion. She felt that more work was foreseen around the lake especially since the recent sewage spill from the new amphitheatre. Jeff Couperus – Mr. Couperus urged the Board to look at all of the previous comments and concerns of the neighbors throughout the past two years. He also stated that a project having significant variances needs extra consideration of that fact. He commented negatively regarding the traffic study’s conclusions and felt that any number of trucks in the neighborhood is going to change their quality of life – noise, dust and safety. He suggested that the Board review the requirements of the Special Use permit and evaluate the ‘improve area’ section. Finally, he stated that the Saturday hours were meant to be only residential activity and the applicant‘s use of the mine has been commercial. ADJOURN On a motion by Member Lemon and seconded by Member Bishop, the meeting was adjourned at 8:07 pm. Chairman Ouellette made a statement that the building needed to be cleared in 15 minutes. Approved Minutes, Respectfully submitted, Lisa Somers Planning Board Clerk