HomeMy WebLinkAbout01-19-19941
1
January 19, 1994 5:00 D.M.
PUBLIC HEARING
AQUIFER SPECIAL PERMIT - ALDI, INC.
A Public nearing was held by the Town Board of the
Town of Cortlandville on January 19, 1994 at 5:00 p.m.
at Cortlandville Town Hall, 15 Terrace Road, Cortland,
New York, for an Aquifer Special Permit for Aldi, Inc.,
to construct a 14,860 square foot retail food store and
associated parking at 393 Tompkins Street Extension,
Route 13, Town of Cortlandville.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent: Councilman, Ronal Rocco
Others present were: Town Attorney, John B. Folmer;
Highway Superintendent, Carl Bush; Town Assessor, David
Briggs; Torn Typist, Edna Puzo; Realtor, David Niekamp,
Ken Teeter of Resource Associates, and Realtor, Robert
Ferris representing Aldi Foods; and Newsreporter, Skip
Chapman.
Supervisor Raymond Thorpe called the Public Hearing
to order at 5:00 p.m.
The Town Clerk read the Legal Notice, as posted and
filed.
Supervisor Thorpe offered privilege of the floor
to those in attendance.
Mr. David Niekanip spoke on behalf of the Aldi Food
Store. He reported the proposed food store would carry
about 600 food items, those being the most popular
consumer items. Items are stored by case or on a
pallet, but can be purchased by item. A large staff is
not necessary, due to limited store hours. No tobacco
or alcohol items are sold.
They have just opened a new store in Reading, Pa.
This is the first store for New York State.
They are purchasing property that has a motel
there now. The motel will be taken down, and a new
building will be constructed.
Mr. Ken Teeter from Resource Associates, Site
Engineers for Aldi, Inc. spoke of the Site design for
this project. The design incorporates erosion control
measures which includes a detention pond, for
protection to the Aquifer.
Councilman Pilato requested the projected number of
employees necessary for this project.
170
JANUARY 11, 1994 PUBLIC HEARING-ALDI INC PAGE 2
Mr. Niekamp stated that the norm for a low volume
store would be 5 employees: 3 cashiers, 1 manager and 1
assistant manager. There is additional capacity for
more employees, if necessary.
No other comments were heard.
Councilman Testa made a motion, seconded by
Councilman Pilato, to close the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 5:11 p.m.
1
1
1
E
1
JANUARY 19, 1994
PUBLIC HEARING
5:30 P.M.
AQUIFER SPECIAL PERMIT - BENDERSON DEVELOPMENT CO INC.
JIM MAY PONTIAC DEALERSHIP
A Public Hearing was held by the Town Board of the
Town of Cortlandville on January 19, 1994 at 5:30 p.m.
at Cortlandville Town Hall, 15 Terrace Road, Cortland,
New York, for an Aquifer Special Permit submitted by
Benderson Development Co. Inc., for Jim May Pontiac
Dealership, to permit a new car sales dealership to be
located at NYS Route 201 in the Town of Cortlandville.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent: Councilman, Ronal Rocco
Others present were: Town Attorney, John B. Folmer;
Highway Superintendent, Carl Bush; Town Assessor, David
Briggs; Town Typist, Edna Puzo; Realtor, David Niekamp,
Ken Teeter of Resource Associates, and Realtor, Robert
Ferris representing Aldi Foods; Cindy Bickford of
Resource Associates and Newsreporter, Skip Chapman.
Supervisor Thorpe called the Public Hearing to
order at 5:30 p.m.
The Town Clerk read aloud the Legal Notice; as
posted and filed.
Supervisor Thorpe offered privilege of the floor to
those in attendance.
Ms. Cindy Bickford from Resource Associates asked
if there were any questions about the project.
Supervisor Thorpe requested that she explain the
status of her response to Jeff Ten Eyck, Manager of
Cortland County Soil 8: Water Conservation Dert.
regarding the on -site stormwater conveyance system to
handle a 100 year 24 :Hour storm. Mr. Ten Eyck has
studied this matter further, and has responded by his
letter of Jan. 10, 1994, and was reviewed by the Town
Planning hoard.
Supervisor Thorpe stated that the Planning Board has
not put any specific restriction on this project.
No further comments or auestlons were heard.
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to adjourn the Public Hearing.
All voting aye; the motion was carried.
The Public Hearing was closed at 5:40 p.m.
172
JANUARY 19, 1994
TOWN BOARD MEETING
5:00 P.M.
The Regular Meeting of the Town Board of the Town
of Cortlandville was held at the Town Hall, 15 Terrace
Road, Cortland, New York, with Supervisor Raymond Thorpe
presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent : Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer;
Highway Superintendent, Carl Bush; Town Assessor, David
Briggs; Town Typist, Edna Puzo; Realtor, David Niekamp,
Ken Teeter of Resource Associates, Realtor, Robert
Ferris, representing Aldi Foods; Richard Elliott,
Executive Director for Economic Development of the
Cortland County Chamber of Commerce; and Newsreporter,
Skip Chapman.
The Meeting was called to order by Supervisor
Thorpe at 5:00 p.m. following the Pledge of Allegiance
to the flag.
A Public Hearing was held for an Aquifer Special
Permit for Aldi Inc. to construct a retail food store
at 393 Tompkins Street.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Planning Board
Minutes of December 14, 1993. All voting aye, the
motion was carried.
RESOLUTION #23 AUTHORIZE PAYMENT OF VOUCHERS
JANUARY
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers # 1
- 27
$36,003.47
General Fund B
1 -
5
$24,027.05
Highway Fund DB
1 -
23
$60,005.15
Water Fund
1 -
15
$ 4,834.66
Sewer Fund
1 -
11
$ 5,752.63
Capital Projects
1 -
2
$ 5,719.00
Councilman O'Donnell was given privilege of the
floor.
Councilman O'Donnell reported that he has audited
the Supervisor books of 1993 and all are in order.
1
1
3-
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 2
Councilman O'Donnell reported that he attended a
meeting in regards to the grant application for the
purchase of the Contento property. Also in attendance
were representatives of the NYS DEC, County Departments,
and other involved members.
it was
reported
that Mr. Contento has offered the
property for
sale and
is the extent of what he is doing.
Mr. Feuss
of the
County Health Dept. reported that
many tests
have been
taken from the site. To date, no
problems have
showed.
it was
stated that they would know by the end of
February if
the grant
was approved.
Another
meeting
will be held soon to keep everyone
informed of
the situation.
He also reported that he recently attended the
Water Quality meeting, chaired by Jeff Ten Eyck in
regards to Erosion Control. They asked about the
status of the Town relating to this.
A discussion was held concerning this. It was
explained that this matter would require a Public
Hearing and would be an amendment to the Town Zoning's
Law.
Councilman O'Donnell encouraged this to be done.
Councilman Testa reported that he has audited the
Town Clerk's books of 1993, and everything is in order.
Councilman Pilato reported that he has audited the
records of the Highway Dept. and the Water and Sewer
Dept. books of 1993, and everything is in order.
Town Clerk, Pauline Parker, spoke to the Town Board
in regards to The Association of Towns Meeting which are
held every February in New York City. A schedule of the
itinerary was distributed to the Board members. Also
included was a copy of last years ( 1993 ) voucher for the
cost of attending the meeting.
The programs presented have been very informative
and the training is excellent. Most of their speakers
are those working at the state level for programs we
work with daily. Sharing common problems are a benefit
to everyone. Meeting the people we talk with on the
telephone is beneficial.
Information booklets are available and on display
in the Vendors area. Many have been brought back for
all departments of the Town. Comparing programs offered
by vendors is beneficial, and sharing experiences other
officials have had with the vendors is very helpful.
Some municipalities are encouraging, or requiring,
members of planning and zoning boards to attend this
meeting as other alternatives are not available.
Supervisor Thorpe reported that many Town Officials
have attended these meeting in the past. They are
important for elected officials concerns.
A letter from Town Justice, Mardis Kelsen, was
submitted to the Town Board in regards to justification
of her attendance at the Association of Towns Meetings.
New York State Law mandates at least twelve hours of
advanced training, annually, for all Justices.
Judge Kelsen stated, this meeting allows for
information on legislative changes enacted the end of
the previous year. it also offers non -repetitive
educational seminars.
174
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 3
RESOLUTION #24 AUTHORIZE TOWN CLERK AND JUSTICE
TO ATTEND THE ASSOCIATION OF TOWNS
ANNUAL MEETING TO BE HELD FEB 20-23,
1994 IN NEW YORK
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk, Pauline Parker, and the
Town Justice, Mardis Kelsen are hereby authorized to
attend the Association of Towns Annual Meeting to be
held February 20-23, 1994, and further
RESOLVED, that the expenses incurred by same shall be
reimbursed, subject to audit by the Town Board.
RESOLUTION #25 APPOINT DELEGATE AND ALTERNATE TO
THE ASSOCIATION OF TOWNS ANNUAL
MEETING - FEBRUARY 1994
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk, Pauline Parker, is
hereby appointed as Delegate, and the Town Justice,
Mardis Kelsen, is hereby appointed Alternate, to
represent the Town of Cortlandville at the Association
of Towns Annual Meeting, to be held in New York City in
February, 1994
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file a copy of the
letter sent to Mr. Harry Carlson, Regional Director of
Transportation of the State of New York, from Councilman
Testa, in regards to the resurfacing of NYS Route 11 in
Cortland County. All voting aye, the motion was
carried.
The letter advised of our concerns at the
intersection of South Hill Road and Route 11. The road
is narrow there, and also drainage problems have
occurred.
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to receive and file a letter from
Andrew J. Damiano, dated January 11, 1994, concerning
the Cortland County Wastewater Treatment Plant. All
voting aye, the motion was carried.
The letter advised the project to upgrade their
facility will not have a significant adverse impact on
the environment.
RESOLUTION #26 RECEIVE ACKNOWLEDGEMENT FROM STATE
OF NEW YORK REGARDING LOCAL LAW 2
FOR THE YEAR 1993 - RESTRICTING USE
OF MOBILE HOMES IN THE TOWN
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that a Local Law Acknowledgement has
been received from NYS Dept. of State concerning Local
Law No. 2 of 1993, and further
RESOLVED, the notification shall be received and filed.
1: 7.5
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 4
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to receive and file a Letter from
the Senate Committee on Local Government concerning_ a
Public Hearing on the role of New York State in
Geographic Information Systems. All voting aye, the
motion was carried.
RESOLUTION #27 SUPPORT OF REPEALING THE SUNSET
PROVISION OF CHAPTER 78, LAWS OF
1989 ESTABLISH THE LOCAL GOVERNMENT
RECORDS MANAGEMENT IMPROVEMENT FUND
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS; the appropriate management of local government
records through their creation, use, maintenance and
disposition is essential to efficient and effective
government, and
WHEREAS, local government records document the
responsibilities and prerogative of local governments
and protect the property and rights of citizens, and
WHEREAS, the Loral Government Records Management
Improvement Fund was established in Chapter 78, Laws of
1989, to benefit the local government of New York State
through grants for records management and through
establishment of program of regionally -based technical
assistance administered by the New York State Archives
and Records Administration of the New York State
Education Department, and
WHEREAS, the Local Government Records Management
Improvement Fund has enormously benefitted the Town of
Cortlandville, and other Towns in Cortland County,
through a grant received by the Cortland County Clerk,
Frequent and readily accessible consultation by the
Improvement Fund -supported State Archives and Records
Administration. Regional Advisory Officer and through
Improvement. Fund --sustained training available through
regularly scheduled workshops on records and
information management -related subjects attended by the
Town of Cortlandville employees, and
WHEREAS, the grants have supported successful projects
to inventory records of the Town, County, and School
Districts within Cortland County, and
WHEREAS, the grants, consultation, workshops and other
services to the Town of Cortlandville supported by the
Fund have contributed significantly to the improved
management of its records, to the availability and
accessibility of those records to its officials and
citizens, and to economical and responsive
administration saving taxpayer's dollars, and
WHEREAS, there is much more to be accomplished here in
the Town of Cortlandville and in the other local
governments of New York State, where needs will continue
in the future: with the growth in the volume of records,
as needs change and information technologies present new
challenges, and
WHEREAS, grants and technical advice are essential in
assisting all the local governments of New York State in
developing records management programs adequate to the
demands of governments and citizens, and demand for
those grants and services remains critical, and
176
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 5
WHEREAS, these needs are served and programs sustained
without the use of state tax revenues,through modest
surcharges on fees for records filed and recorded by
County Clerks and Registrar of the City of New York
which sustain the Improvement Fund, and
WHEREAS, the Local Government Records Management
Improvement Fund was created with a sunset date of
December 31, 1995, therefore
BE IT RESOLVED, that the Town of Cortlandville fully
supports
the perpetuation
of the Local Government
Records
Management Improvement
Fund
through the
eliminate
of its sunset
provision and
supports its
continued
administration by
the New York
State Archives
and Records
Administration
of the New
York State
Education
Department with
oversight
by the Local
Government
records Advisory
Council, and
BE IT FURTHER RESOLVED, that the Town of Cortlandville
forward copies of this resolution to its State
Legislators, the leadership of the State Legislature and
to the Governor of New York State.
Supervisor Thorpe recessed the Regular Meeting to
hold a Public Hearing for the Aquifer Special Permit
application of Benderson Development Co., Inc., Jim May
Pontiac Dealership.
Supervisor Thorpe proceeded with the Regular
Meeting at 5:40 p.m.
Privilege of the floor was given to Mr. Richard
Elliott, Executive Director of Economic Development
Committee, from the Cortland County Chamber of Commerce.
He advised the Town Board Members that Cortland
County has become eligible to apply for an Economic
Development Zone. The Economic Development Zone Program
was created in NY State in 1986 in order to stimulate
economic activity in a number of the State severely
distressed areas. From the census taken in the 1980,
Cortland County was eligible. When the 1990 census was
taken, the County no longer met the definition of a
severely distressed area, therefore Cortland County was
not eligible.
There was a new category of the Economic Zone
Designations which was called Sudden and Severe Stress.
Mr. Elliott feels that due to the fact that SCM is
leaving the area, Cortland County could, once again, be
eligible.
He has discussed the program with the County and
City of Cortland. and requested the Town to join as a
co-operative member.
RESOLUTION #28 EXPRESSING INTEREST IN ESTABLISHING
AN ECONOMIC DEVELOPMENT ZONE WITHIN
THE TOWN OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, it appears that the State of New York has
developed an Economic Development Zone program to
stimulate economic growth in the areas of the State; and
WHEREAS, the County of Cortland and the City of Cortland
are considering participation in such program if
available; and
!. 17
' O7
JANUARY 19. 1_994 TOWN BOARD MEETING
PAGE 6
WHEREAS, the establishment of such an Economic
Development. Zone within the Town of Cortlandville mould
be advantageous to the Town and its residents; now
therefore
BE IT RESOLVED, that the Town Board of the Town of
Cortlandville expresses it's interest in pursuing the
establishment of an Economic Development Zone within
the Town and agrees that, in the event such zone can be
established within the Town that, jointly with the
County of Cortland and City of Cortland, the Town will
expand a proportionate share of local cost of such
program in an amount not to exceed the sum of $10,000.00
RESOLUTION #29 DECLARE NEGATIVE IMPACT OF AQUIFER
PERMIT FOR ALDI, INC. AT NYS RT. 13
393 TOMPKINS ST. EXT.
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, am Aquifer Special Permit application was
submitted by Aldi Inc., to construct a 14,860 square
foot retail food store and associated parking at 393
Tompkins St. Ext., and
WHEREAS, the application has been referred to the County
Planning Board and the Town Planning Board for review
and recommendation, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board was declared as Lead Agent per
Resolution #211, adopted on December 1, 1993, and
WHEREAS, The Cortlandville Town Board as Lead Agent, has
reviewed the Full Environmental Assessment form.
therefore
BE IT RESOLVED, the Town Board does hereby declare the
proposed project of Aldi Inc. shall have no significant
impact on the environment, and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the SEQRA form.
-RESOLUTION #30 APPROVE AQUIFER PERMIT OF ALDI INC
FOR 393 TOMPKINS ST. EXT.
Notion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the
Aquifer Permit submitted by Aldi Inc. to construct a
retail food store and associated parking at 393 Tompkins
St. Ext., and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the permit.
amd
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 7
RESOLUTION #31 REVIEW SEQRA FORM AND DEFER ACTION
ON AQUIFER PERMIT OF BENDERSON
DEVELOPMENT CO. - JIM MAY PONTIAC
DEALERSHIP - NYS ROUTE 281
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortlandville Town Board was declared Lead
Agency per Resolution #203, adopted on November 17,
1993, regarding the Aquifer Special Permit submitted by
Benderson Development Co., Jim May Pontiac Dealership,
and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board reviewed the Full Environmental
Assessment Form, and answered the questions, as required
with the exception of Item 14 on Page 10, and
WHEREAS, NYS Dept. of Transportation has requested more
time to review this project, therefore
BE IT RESOLVED, the Town Board shall defer action on the
application until the February 2, 1994 Town Board
Meeting.
RESOLUTION #32 DENY REQUEST OF DAVID PARKE FOR A
REDUCTION OF THE WATER BENEFIT TAX
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from David Parke, 668
Stupke Road, asking the Town Board to reduce the Water
Benefit Tax charge on his 1994 tax bill, and requested
Item 2 of the Town's formula to apply for his property,
therefore
BE IT RESOLVED, the Town Board does hereby deny the
request, as received, and requested Assessor, David
Briggs to notify Mr. Parke by letter.
RESOLUTION #33 CONSIDER OPTION #2 CONCERNING CABLE
TELEVISION RATE RE -REGULATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Commission on Cable
Television has advised of recent changes in federal law
concerning cable television rate re -regulation, and have
requested the Town. Board to consider an option
regarding this, therefore
BE IT RESOLVED, the Town Board does hereby choose Option
2, as presented, and shall notify the NYS Commission of
their determination.
1
I
1
I,75 :.
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 8
RESOLUTION #34 TABLE ANY ACTION UNTIL FURTHER
REVIEW CONCERNING SEWER ASSESSMENT
FOR DOROTHY M. FURMAN, 14 L•EVYDALE
PARE, TOWN OF CORTLANDVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a letter was received from Dorothy Furman, 14
Levydale Park, requesting her property be exempt from
the sewer assessment tax, as it has been in the past,
and
WHEREAS, the request refers to an agreement made several
years ago, that needs to be reviewed, therefore
BE IT RESOLVED, action by this Board shall be deferred
until the Town Attorney has time to review this
situation, and inform the Town Board.
RESOLUTION #35 DENY REQUEST FOR ADJUSTMENT ON WATER
CHARGES OF JACK BUTTINO
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Jack Buttino, 1240
Starr Road, for an adjustment of his recent water bill
due to a break in the water line from his residence to
the garage, and
WHEREAS, he estimated a loss of approximately 60,000
gallons that -bent into the ground, and
WHEREAS, this Town Board has had similar request in the
past and could not accommodate, therefore
BE IT RESOLVED, the 'Town Board does hereby deny the
request of Jack Butti.no.
RESOLUTION #36 AUTHORIZE DISPOSAL AND REMOVAL OF
--__ITEMS FROM FIXED ASSETS PROGRAM
Potion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize
disposal of four typewriter tables stored in the
basement and further
RESOLVED, that such items shall be removed from the
Fixed Assets Program and the inventory of the Town.
Attorney Folmer reported that he has been in
contact with NYS Dept. of Transportation relating to the
Loope Road Railroad crossing.
A hearing will be held on this matter soon.
JANUARY 19, 1994 TOWN BOARD MEETING PAGE 9
Attorney Folmer reported that he will draft the
1994 contract with TLC Emergency Medical Services Inc.
exactly as was written last year.
RESOLUTION #37 ACKNOWLEDGE RECEIPT OF "LETTER OF
CREDIT" - RENAISSANCE DEVELOPMENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #228, adopted on December 15,
1993, the Town Board approved dedication of Raphael
Drive, within Renaissance Development, therefore
BE IT RESOLVED, the Town does hereby acknowledge
receiving an Irrevocable Letter of Credit No. 188,
issued by First National Bank of Cortland, for J. Lee
Ambrose to complete the road work, as described in a
letter from Economy Paving Co. Inc., dated December 13,
1994.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to adjourn the meeting. All voting
aye, the motion was carried.
The meeting was adjourned at 6:35 p.m.
R se p ctfulYy sub itted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
1
1