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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