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TOWN OF CONCORD & VILLAGE OF SPRINGVILLE

PUBLIC HEARING October 10, 2013

Re: ROLOC Annexation to the Village 6:00 p.m.

PUBLIC HEARING OPENED BY GARY A. EPPOLITO, SUPERVISOR.

PRESENT: GARY A. EPPOLITO, SUPERVISOR

JAMES M. KREZMIEN, COUNCILMAN

WILLIAM F. SNYDER, III, COUNCILMAN

PAUL F. SALZLER, COUNCILMAN

DEBORAH A. KING, COUNCILWOMAN

WILLIAM J. KREBS, MAYOR
NILS WIKMAN, TRUSTEE

ALAN L. CHAMBERLIN, TRUSTEE

TERRY W. SKELTON, TRUSTEE

GERALD LOHREY, TRUSTEE

ALSO PRESENT: DARLENE G. SCHWEIKERT, Town Clerk

DEBORAH M. BARONE, Town Atty

DENNIS DAINS, Highway Supt.

HOLLY A. MURTIFF, Village Clerk

JOHANNA M. HEALY, Village Attorney

MICHAEL KALETA, Village Code Enforcement

BRIAN ATTEA, Atty for ROLOC

DANIEL SHAVER (Angela Shaver arrived later)

GEORGE DONHAUSER

ZACH KORTOS

Also in attendance were staff and supporters of Mr. & Mrs. Shaver: Gary Chmielowiec, Tammy Henry, Danielle Boyd, Julie Goodrich, Taylor Glass, Jessica Lillie, Darci Burrows, Diane Andrews, Ronald Lillie, Becky Dudley, Rita Gernatt, Kala Gostomski, Maureen Canavan and J. William Canavan.

Supervisor Eppolito opened the Public Hearing and turned the meeting over to Mayor Krebs. Motion by Mayor Krebs, seconded by Councilwoman King, to allow Mayor Krebs to preside over this hearing. All in favor. Carried.

The purpose of the joint meeting is to hear the Petitioners who will present their reasons why it would be beneficial to the Village to annex this piece of property to the Village. After the presentation, there will be opportunities for the Trustees and Councilmen and woman to ask questions. The public will also have an opportunity to be heard. Mayor Krebs informed those in attendance that it will be the responsibility of each Board, Town Council and Village Trustees, to pass Resolutions endorsing the action as their own separate entity. Before this can be done, the Boards will need to be execute SEQR forms.

Attorney Attea thanked both Boards for the time that has been taken, not only tonight but also the informal meetings that have been held in advance of this Public Hearing. He thanked both the Town and Village Attorneys for their efforts in educating everyone on the process as annexation is not something that happens frequently. It hasn’t happened in this area since 1989 with the Walmart annexation.

ROLOC Corporation currently owns a strip of land that is approximately 23 acres in size on South Cascade Drive, Route 219. It is unique in that it has limited frontage but is very deep . The primary concern with regard to annexation deals with the development plan with regards to at least one, potentially two, existing structures on the parcel. The primary focus of the project in this initial stage is going to be the re-use, remodeling and rehabilitation of the existing barn structure. Engineers have reviewed the structure and architectural renderings have been shared with both Boards. The plan is to move an existing business and to expand this

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business that is currently in the Village to this new parcel. The balance of the barn structure would be used to invite some additional complimentary businesses such as a diner or restaurant or potentially some retail space along with the salon currently operated by ROLOC commonly known as Root 39 Salon. This strip of land that is between Lowe’s and Gui’s Lumber. The barn sits a ways back but is very visible from the street and the farmhouse is in the front. The potential plan would include the possible redevelopment of the farmhouse to be used as a hotel/motel. A lot of time, effort and money has already gone into this plan. They realize that this gets them nowhere and guarantees them nothing. His clients have had a series of discussions with Lowes and the plan would include potentially an additional means of ingress and egress to the parking lot that will be constructed for the benefit of these benefits with the Lowe’s parking lot. This would help to alleviate any issues of ingress/egress off of Route 219. They have also spoken with Lowes preliminarily with regards to the concept and the engineering that would be required to connect to the Village water and sewer that extends right now almost to the adjoining borders between Lowes and ROLOC. The bottom line is that his client has investigated the possibility of what would be a very elaborate commercial septic system and the well, possibly two wells, to support their development plan and the businesses that would go into this property. The annexation puts ROLOC into a position to tie into Village water and Village sewer and makes this project economical. He is not suggesting that the project could not happen without annexation, but it is a dramatically different financial picture. Attorney Attea explained why this project is in the public’s interest. There will be little or no negative impact on the tax base for the Town. If it is annexed by the Village, it will add to the Village tax base. It is an opportunity to take a very unique parcel, preserve an existing structure, keep one business in the area where it can expand from the employment standpoint and from a services standpoint and possibly bring some additional businesses into that same space while preserving a barn structure which will be a wonderful compliment to the heritage of this region; with regards to the history of this region and it is a very creative use with a lot of money invested into preserving a different look around Route 219. ROLOC will try to preserve those existing structures with a chance to create new jobs, attract new businesses that might not otherwise place their businesses along that corridor. Lowes has been very receptive and the initial indication is that they will work with ROLOC in regards to meeting all the municipality’s requirements tying into both the water and sewer and potentially providing that additional drive way between the two parking lots.

Attorney Attea asked if anyone had any questions. The drawings were displayed and reviewed with the Boards.

Mayor Krebs opened up the floor for questions from the Town Council. Councilman Salzler asked if the existing driveway would be used. Daniel Shaver informed the Boards that yes they would be. They are negotiating with Lowes to try to come in off of their parking lot and that permission has not yet been granted. If that access falls through, ROLOC will use the existing driveway. The light by E&M Engineers would be a lot safer for traffic. Discussion about contacting DOT. Mayor Krebs noted that the Village Law would encourage the use of a common driveway.

Supervisor Eppolito asked the timeframe for the project. Daniel Shaver informed the Boards that they would like to have it finished within 24 months maximum. If this goes through, ROLOC would be combing Root 39 Salon and the Style Club Salon, Angela Shaver owns both of these salons. There is around two more years left on the lease for Style Club Salon.

Mayor Krebs explained that at their informal meetings, the question of the advantage to the Village of bringing this parcel in and connecting with that annexation is the zoning and how this would affect the future build out of the Village. Mayor Krebs asked if ROLOC had any plans to use the entire parcel. Daniel Shaver noted that at this time there are no other plans. The barn is number one; it’s an existing solid structure. Start with that and then maybe go to the farmhouse in front and renovate that if time and money and zoning permits. ROLOC has no plans for the property in back.

George Donhauser asked for an explanation of how this will benefit the Town of Concord. Attorney Attea started by noting that he does not see any detriment and the benefit is that in being good neighbors this is an opportunity to develop a parcel that is currently not being used for anything, preserve a structure and build it into a shared commercial corridor for both

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municipalities. If it turns out that it is a concept that can bring jobs to the area, that is good for the businesses of both the Town and Village because this parcel is right on the border there and they would be preserving a piece of land that can be developed right now which would become the Village parcel but might not be developed if it stays a Town parcel. This is an opportunity to preserve that building, enhance the beauty of the building and save a structure and find jobs, bring more commercial traffic, being right on the border of the Town it could help other Town businesses. People will come and utilize this business and stop at other businesses. It will have jobs for people who live in the Town. They feel it will benefit both municipalities. Mr. Donhauser noted that the jobs for those businesses are already in the Village and Town. Attorney Attea noted that the space that this project will create not only gives the opportunity to preserve those jobs but for his client to expand her business and hire more people. There will be more services available. Mr. Donhauser asked if any comparison figures regarding the dollar amount the Village will gain and what the Town will lose relative to tax rates. Attorney Attea noted that he does not create tax rate and has nothing to do with assessments but with the money that will be invested in this property it will be assessed at a much higher rate which means that both the Town and the Village will make more money based on the money invested in this property. Instead of a vacant barn and an older farmhouse, ROLOC will be income generated property. Mr. Donhauser asked if ROLOC would be annexing the whole piece of property even across the railroad tracks and if the Village would want to annex that portion across the railroad tracks. Mayor Krebs noted that the Village Board will not be voting on this tonight but they will move it on to the next step which is the SEQR review before the Village adopts any resolution. The Village at earlier meetings discussed annexing the entire parcel with the present boundaries. Mayor Krebs advised that any adaptive re-use of existing buildings into commercial projects is a plus for any municipality. Agricultural use is never assessed as high as commercial. Mayor Krebs pointed out that the transfer of jobs from one business address to another address isn’t necessarily a growth; however, with the expansion of the business and bringing in ancillary businesses, that is an increase. The possibility of re-use of the farmhouse into a bed and breakfast is also an increase and the possibility of development of the unused parts somewhere down the line is also a big advantage to the Village. Commercial development is a significant advantage to the Village and then hence to the Town. Village residents pay Town taxes.

Councilman Salzler asked if anyone in attendance objects to the annexation. No one in attendance opposes this project. They were there in support of the project.

Mayor Krebs asked for any other comments. Julie Goodrich, employee of Angela Shaver, advised that the employees are very excited, open, optimistic and a creative group of girls. They are very excited and have a lot of support for Angela and Dan (Shaver). If anyone has any questions, at any time, the employees would be happy to discuss the project. She noted that in response to Mr. Donhauser’s question about creating jobs, she has some ideas on businesses that she could open in this space including a flower shop and a day care center.

Supervisor Eppolito noted that this Public Hearing will remain open until 7 p.m. in case others may come and have input on the matter. During this time Angela Shaver arrived.

No one else arrived to address the Boards. Motion by Councilman Salzler,

seconded by Councilwoman King, to close the hearing at 7:01 p.m. All in favor. Carried. Mr. and Mrs. Shaver thanked the Boards.

______

Darlene G. Schweikert

Town Clerk