Bath town board minutes

Editor's note: Following are excerpts from the July 9 meeting of the Bath town board, which have not yet been approved by the board.

Present: Supervisor Fred Muller; Councilpersons William Glosick, DeanKropp, Robin Lattimer, Albert Burns; Attorney Jeffrey Squires. Also Present: Highway Superintendent James McGlynn; Deputy Highway Superintendent Scott Travis; Highway Crew members Roger Knowles, Planning Board Chairman James Emo; Code Enforcement Officer Al Buckland; Village of Savona liaison Gary Corell; Town Clerk Marcia Burns, members of the public.

Supervisor Muller opened the regular meeting of the Bath Town Board with the pledge of allegiance to the flag at 7:00 PM.

Public Hearing

Supervisor Muller opened the public hearing regarding Local Law #2 of 2007 extending the adult use moratorium at 7:01 p.m. He asked for questions from the public.

Michelle Fahmy asked if the Local Law actually refers to adult use moratorium. Supervisor Muller stated it is specific to extend a moratorium on adult use buildings for one year.

Emmy Lou Snyder stated her support for the adult use moratorium.

Motion by Supervisor Muller, seconded by Councilman Glosick, since no one else asked to speak, to close the public hearing at 7:05 p.m.

Adopted unanimously.

Supervisor Muller opened the regular board meeting.

Motion by Councilman Kropp, seconded by Councilperson Lattimer, to approve the minutes from June 2007.

Adopted unanimously.

New Business:

Supervisor Muller opened the floor for discussion concerning a moratorium on "big box" stores.

Beth Miller, Town of Wheeler, requested the board consider a moratorium on "big box" retail stores over 50,000 square feet in the Town of Bath. She feels a comprehensive plan needs to be completed and adopted before new retail buildings are considered in the Town of Bath

Deanna Lang read a letter from the Greater Bath Area Chamber of Commerce written by Bill Caudill, President, asking the Bath Town Board, Planning Board and Village of Bath consider an economic impact study be done through an independent organization. The Chamber of Commerce offered to assist in any way they can.

Joseph Duffy from Hornell spoke about changes to Main Street Hornell. He said Walmart has been there fourteen years. He also suggested the board talk to the residents of Hornell.

Scott Ward suggested the Town mitigate the risk of having a Walmart in Bath. He said the Village of Bath is interested in an economic study. He suggested persons interested in shopping at Walmart use public transportation to visit other Walmarts.

Emmy Lou Snyder asked for a moratorium on large retail stores in Bath. She presented more signatures on a petition.

Pat Eaton stated that Hornell has a good shoe store. She feels that Bath has had a moratorium for the last 30 years. Bath needs a nice, big store for the shoppers to shop in.

Nathan from Bath lives in a low income home and would like to be able to shop in Bath for items he needs. He said Walmart services low income people.

John Wildeman has lived in Bath since 1970 and works in Bath. He suggested the Town do everything they can to determine the economic impact in Bath and that all the facts are in before a decision is made.

Millie Butler from Bath spoke about needing a Walmart to keep local dollars in Bath. She would like to see new restaurants in Bath that meet health standards.

Rosalie Niemczyk stated that all of the local restaurants abide by Board of Health regulations.

Michelle Fahmy, Town of Urbana, stated that her concern about this Walmart development is with the SEQR process. It is up to the Planning Board and Town Board to protect your community. She said there is no legal standing in the SEQR process for an economic review.

She isn't asking for that. She wants the Planning Board and the Town Board to look out for the best interest of the Town. New York State is a home-rule state and the processes we are going through are state mandated.

Lenny O'Dell asked about the procedure that businesses go through before being built. He asked where these people were when an adult store came to Bath. He wanted to know why there isn't one Bed & Breakfast in Bath.

Mr. Connor lives and has worked in Bath. He feels Walmart will come and go.

Leslie Sieglaub, Attorney representing Walmart Stores, reminded the board of the legal basis that is required granting a moratorium. She also stated that agencies such as the DEC who have permitting authority over the project have the power to regulate the store and the impact upon things such as the aquifer. They can grant or deny permits.

Ms. Sieglaub, the Town board nor the Town's Attorney commented on Michelle Fahmy's request concerning the legal basis for granting a moratorium at this time.

Supervisor Muller presented Highway Superintendent, James McGlynn, with a plaque thanking him for over thirty five years of service to the Town of Bath Highway Department, ten and one half as Superintendent; and Mrs. McGlynn with flowers for her assistance to him.

Old Business:

Motion by Councilman Burns-seconded by Councilman Glosick-to adopt Local Law #2 of 2007, Adult Use Moratorium.

Adopted unanimously.

Communications: There were none.

Department Reports:

Planning Board Chairman James Emo: The regular meeting of the Bath Town Planning Board met July 3, 2007 at 7:30 PM.

The Dollar Store on Route 415 N asked for a sign variance. It is within 54' of the highway right of way.

Motion by Councilman Kropp, seconded by Councilman Burns, to grant the variance for a sign at the Dollar Store on 415N

Adopted unanimously.

A major subdivision for Carol & Ed Bonicave for land formerly owned by Roger McGlynn was presented to the Planning Board dividing 28 +/- acres into lots of 3.47, .66, 12.5, 10.8, and .39 acre lots. The Planning Board reviewed and recommended approval.

Motion by Councilperson Lattimer, seconded by Councilman Glosick, to approve the subdivision of 28 +/- acres into lots of 3.47, .66, 12.5, 10.8 and .39 acres.

Adopted unanimously

Fagan's Engineers attended the Planning Board meeting as did a NYS Department of Transportation representative to discuss the Walmart project. The next meeting will be held August 7, 2007 at 7:30 PM.

Motion by Councilman Burns, seconded by Councilperson Lattimer, passed unanimously, to enter into executive session at 7:55 PM to discuss union negotiations.

Motion by Councilman Burns, seconded by Councilperson Lattimer, to enter back into the regular meeting at 9:45 PM.

Motion by Councilperson Lattimer, seconded by Councilman Burns-to authorize Supervisor Muller to sign the contract and establish a Walmart escrow account in the amount of $20,00.00 in an interest bearing account in order to pay engineering and consulting fees for the Walmart project development, the funding for that account to be provided by Walmart.

Adopted unanimously.

Motion by Councilman Kropp, seconded by Councilman Glosick, passed unanimously-to adjourn the meeting at 9:55 PM.

Respectfully submitted, Marcia F Burns Bath Town Clerk