HomeMy WebLinkAbout2017-03-01 Town Board MinutesMARCH 01, 2017
PUBLIC HEARING NO. 1
5:00 P.M.
AQUIFER PROTECTION PERMIT
879 ROUTE 13, LLC
877 NYS ROUTE 13
TAX MAP #95.16-02-73.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by 879 Route 13 LLC, requesting to
demolish an existing building on site, construct a 3,500 + sq. ft. building for two tenants, re-
configure the parking lot, add landscaping and a stormwater management facility for property
located on the west side of NYS Route 13, approximately 215' north of the intersection of Lime
Hollow Road & NYS Route 13, tax map # 95.16-02-73-000.
Members present:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Peter
Blanchard from the Cortland Voice; Sharon Stevans from Channel 2, Access TV; Town resident,
Pam Jenkins; Chris Calabro and Linc Swedrock from BME Associates.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Councilman Tupper offered privilege of the floor to those in attendance.
Linc Swedrock, representing BME Associates and Chris Calabro, applicant and owner of
879 Route 13, LLC conducted a brief summary of the project. Mr. Swedrock explained that the
old McDonald's building was being demolished and the applicant was proposing a new
multitenant building. They relayed there would be a 2,000 sq. ft. bank area with a drive-thru in
the back and a 1,500 sq. ft. retail facility. Mr. Swerock reported they received recommendations
from Cortland County Planning and a site plan approval from the Town Planning Board. The
project plans show both parcels A and B, but Mr. Swedrock and Mr. Calabro were present for an
Aquifer Permit and a SEQR on parcel B, which is the McDonald's site. BME Associates has
worked with Cortland County Soil and Water regarding the stormwater design of the pond and
they have proposed additional landscaping and lighting. Mr. Swedrock stated they have the
approved variances from the Town Zoning Board of Appeals regarding signage and outdoor
lighting. Mr. Calabro pointed out that there will be cross connections of parcel A and B in the
site plan. Supervisor Tupper asked if there would be a driveway on Route 13 and Mr. Swedrock
answered yes, they are maintaining the existing drive way on Route 13 and are proposing to
relocate the driveway access location to Lime Hollow Rd to provide better cross access behind
all parcels and to help with traffic flow. Councilman Proud questioned if they would maintain
the two curb cuts on Route 13 to which the answer was yes. Mr. Swedrock explained they are
maintaining the existing pattern. It will be one way in and one way out with normal parking in
the front. The access will basically function as it did before. Supervisor Tupper asked if a car
wanted to make a left turn onto Route 13, would this be discouraged. Mr. Swedrock and Mr.
Calabro replied yes, it would be discouraged and reiterated that was the whole reason for the
cross connection behind the existing Moe's building and the new building, as they understand
it's an important element, adding that there will be adequate signage for proper traffic direction.
The Town Board thanked both gentlemen for their presentation and complimented Chris
Calabro on the attractiveness of his property.
No comments or discussions were heard.
The Public Hearing was closed at 5:15 p.m.
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MARCH O1, 2017 5:00 P.M.
a
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Peter
Blanchard from the Cortland Voice; Sharon Stevans from Channel 2, Access TV; Town resident,
Pam Jenkins; Chris Calabro and Linc Swedrock from BME Associates.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file the
Cortlandville Zoning Board of Appeals Minutes of February 21, 2017. All voting aye the motion
was carried.
RESOLUTION # 48 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1371
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Proud, Leach, Testa, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1371 submitted by Highway Sup't., Carl A. Bush, Jr. to be paid to Penn Power
Group to replace Automatic Transmission in the 2014 International Dump Truck # 2923-D10-HWY
for the total cost of $9,924.60.
RESOLUTION #49 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#0129
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #129 submitted by Water and Sewer Sup't. Peter Alteri, to be paid to Gartner
Equipment Co., Inc. for materials and equipment to rebuild the Blue Creek Fire Pump for the total
cost of $8,362.26.
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MARCH 01, 2017 TOWN BOARD MEETING PAGE 2
RESOLUTION #50 AUTHORIZE PAYMENT OF VOUCHERS - MARCH
Motion by Councilman Kasperek
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #174-207
General Fund A
$
125,274.04
General Fund B
$
44,585.70
Highway Fund DA
$
0.00
Highway Fund DB
$
48,264.56
Funds CD I, CD3, CD4
Voucher #(None)
BMills Rehab CD
$
0.00
Town Wide Rehab CD3
$
0.00
Business Devl CD4
$
0.00
Fund HA, HB, HC, HD,
Voucher #77-93
HE, SS, SW
Luker Rd Water HA
$
0.00
Owego St Water HB
$
0.00
NYS Rt 13 Sewer Rehab HC
$
0.00
Oakcrest/Pendleton Sewer HD
$
0.00
Saunders Rd Sewer HE
$
0.00
Sewer SS
$
7,847.83
Water SW
$
17,149.43
Funds SF, TA, TE
Voucher #8-10
C'Ville Fire District SF
$
0.00
Trust & Agency TA
$
33,971.34
Expendable Trust TE
$
0.00
Supervisor Tupper offered privilege of the floor to Pam Jenkins.
Pam Jenkins addressed the Board regarding three letters. Ms. Jenkins indicated that the
first letter, dated February 2, 2017, was mailed and emailed to Kathy Wickwire, Dan Dineen and
all the members of their Board. The second letter dated February 17, 2017 was mailed and
emailed to all members of the Cortlandville Planning Board. The third letter, dated February 23,
2017 was emailed and sent by registered mail to Attorney Folmer. Ms. Jenkins requested that all
three letters be added to the minutes in their entirety.
Councilman Proud made a motion, seconded by Councilman Testa to receive and file
correspondence, submitted by Pam Jenkins, dated February 2, 2017, February 17, 2017 and
February 23, 2017 regarding the approval from the Town Planning Board for a conditional
permit for Leach Properties. All voting aye, the motion was carried.
RESOLUTION #51 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL
FREE LIBRARY FOR THE YEAR 2016
Motion by Councilman Leach
Seconded by Councilman Kasperek
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library dated February 14,
2017 for the year 2016, is hereby accepted and shall be received and filed.
The monthly reports of the Town Clerk, Tax Collector, Supervisor, and Water & Sewer
Department for the month of February 2017 and the Town Justices for the month of January
2017 were on the table for review and are filed in the Town Clerk's office.
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MARCH 01, 2017 TOWN BOARD MEETING PAGE 3
Councilman Proud made the motion, seconded by Councilman Leach to receive and file
the Cortland County Planning Board Resolution #17-01, dated December 21, 2016 and the
Cortland County Planning Department's review & recommendations regarding the Aquifer
Protection Permit Application of 879 Route 13, LLC. All voting aye, the motion was carried.
RESOLUTION 452 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT APPLICATION #2 OF 2017
SUBMITTED BY 879 ROUTE 13, LLC FOR PROPERTY
LOCATED ON 877 ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application submitted by the 879 route 13 LLC to
demolish an existing building on site, construct a 3,500 + sq. ft. building for two tenants, re-
configure the parking lot, add landscaping and a storm water management facility, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
879 Route 13, LLC, Aquifer Protection Permit application #2 of 2017, shall have no significant
environmental impact.
RESOLUTION #53 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT APPLICATION #2 OF
2017
Moti Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit Application #2 of 2017, submitted by 879
Route 13, LLC.
RESOLUTION #54 APPROVE AQUIFER PROTECTION PERMIT APPLICATION
#2 OF 2017 SUBMITTED BY 879 ROUTE 13, LLC FOR
PROPERTY LOCATED AT 877 ROUTE 13 SUBJECT TO
CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit application
#2 of 2017, submitted by 879 Route 13, LLC, permitting the demolition of an existing building
on site, and constructing a 3,500 + sq. ft. building for two tenants, re -configure the parking lot;
add landscaping and a storm water management facility, tax map # 95.16-02-73.000, subject to
conditions from the Town and County Planning Boards and the Town Zoning Board of Appeals:
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MARCH 01, 2017
TOWN BOARD MEETING
PAGE 4
The applicant consulting with and obtaining written confirmation from the NYS
Department of Transportation as to whether the existing curb cut permit for the site
would still be valid given the increased use of the property or whether a revised curb cut
permit is required.
2. The Town weighing the benefit of the increased number of building mounted signs to the
applicant vs. the health, safety, and welfare of the community/neighborhood as is
required before any bulk variance may be granted.
3. The applicant demonstrating that there are unnecessary hardships in the way of carrying
out the strict letter of the "Zoning Local Law of the Town of Cortlandville" as is required
before any use variance may be granted.
4. The applicant preparing and obtaining approval of a revised stormwater pollution
prevention plan for this site to incorporate the proposed changes to the site per the
Town's stormwater ordinance.
The applicant filing of a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan for this site if it is determined that this proposal would result in the disturbance of at
least on acre of land.
6. The applicant obtaining approval of the landscaping plan for the site.
7. The applicant's submittal and obtaining approval of a more detailed lighting plan for the
site which indicates that there would be no lighting from this property in excess of 1.0
footcandle outside of the property boundaries.
8. The applicant obtaining approval of the public water and sewer connection, including the
installation of a backflow prevention device for the public water connection, from the
County Health Department and Town.
9. The Town reviewing the proposed building design for conformance with the Town's
Design and Development Guidelines.
10. Removal of the western driveway access to the site to reduce potential traffic conflict
between traffic entering and exiting the site and traffic on NYS Route 13.
11. Compliance with SEQR requirements,
12. With the accepted revised plans received and filed February 15, 2017 at the Town Board
Meeting, as specified by the Town Planning Board's comments of January 31, 2017.
13. With the condition the lights be turned off one hour after closing, per the Town's Zoning
Board of Appeals Action # 4 of 2017, and
BE IT FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Town Clerk Karen Q. Snyder reported:
Garcia's Liquor License:
Councilman Proud made a motion, seconded by Councilman Leach to receive and file an
application to the NYS Liquor Authority, dated March 1, 2017, for Garcia's Mexican Restaurant,
located on 879 Route 13. All voting aye, the motion was carried.
MARCH O1, 2017
TOWN BOARD MEETING
PAGE 5
Attorney Folmer reported:
Gutchess Land Transfer:
Attorney Folmer informed the Town Board that on February 24, 2017 the transfer of
property from Gutchess Lumber Company to the Town of Cortlandville, for the construction of
Gutchess Park, has been accomplished. The deed was recorded on February 24, 2017, but
Attorney Fomer stated he has not yet received it back from the County Clerk. He relayed that
when he does receive it, he will ask the Board to receive and file it as a recorded document.
Local Law #1 of 2017:
Attorney Folmer reported that at the Town's request and in accordance with the Cortland
County Planning Board's thoughts, he has revised the Local Law dealing with location of gas
stations within the Town of Cortlandville. Attorney Folmer passed out copies of the current
version to the Board for their review and to take such action as the Board thinks is appropriate.
Supervisor Tupper inquired if it was the same document as six months ago that had a moratorium
placed on it. Attorney Fomer answered that basically it was, but changes were made based upon
Cortland County Planning Board staff report and recommendations. The Cortland County
Planning Board itself did not vote to recommend one way or the other with regard to the
adoption of the law. He explained that the Planning Board did, however, make a
recommendation as to what the Board may do with regard to the location of gas stations within
the Town of Cortlandville. Supervisor Tupper asked if the Cortland County Planning Board
originally voted to follow the recommendations of the review committee on the proposed local
law, to which Attorney Folmer replied no. Attorney Folmer relayed the Cortland County
Planning Board voted not to adopt the Cortland County Planning Department staff
recommendations; instead Cortland County Planning Board made recommendations of their
own.
RESOLUTION 1155 SCHEDULE PUBLIC HEARING FOR LOCAL LAW # 1 of 2017
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, A Public Hearing shall be scheduled for March 15, 2017 at 5:00 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York regarding Local
Law #1 of 2017, adding Chapter 75 to the Town of Cortlandville Code, regulating the location of
gas stations within the Town.
RESOLUTION #56 -AUTHORIZE A REFUND TO JOHN DELVECCHIO FOR HIS
PROPERTY LOCATED AT 1086 ROUTE 13 REGARDING
ERRONEOUS SEWER CHARGES, IN THE AMOUNT OF
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
WHEREAS, the property owner of 1086 Route 13, John DelVecchio submitted a request to be
refunded the quarterly sewer charges since 2010, and
WHEREAS, upon review of said request and investigation by Water and Sewer Department of
such property it was found that said property is currently not connected to Town sewer, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a
refund to John Delvecchio for said property at 1086 Route 13, in the amount of $1,321.23 for the
erroneous sewer charge, dating back to 2010.
MARCH O1, 2017 TOWN BOARD MEETING PAGE 6
RESOLUTION # 57 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION
TO JUNE 1, 2017
Motion by Councilman Kasperek
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Supervisor s hereby authorized and directed to sign and forward a request
for an extension of the tax collection program until June 1, 2017to the Cortland County Treasurer,
in compliance with Section 938 of the Real Property Tax Law.
Councilman Proud made a motion, seconded by Councilman Testa to receive and file
correspondence dated February 16, 2017 from NYS Homes & Community Renewal regarding
the Certificates of Completion for Grant Projects for; Town -wide Housing Rehabilitation Grant
Project-287HR148-11, Precision E-Forming, Byrne Dairy, Inc. and IMS. All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file the
Executed Grant Agreement for the 2016 Town wide Housing Rehabilitation Grant- 287HR326-
16. All voting aye, the motion was carried.
In regards to the Town Wide Housing Rehabilitation Grant program, Councilman Leach
asked if Cortlandville Town Board members are still required to visit the individual projects.
Supervisor Tupper and Town Clerk Snyder explained that it would be prudent to drive by the
sites, to show the Board is paying attention to how the awarded funds are being spent.
Supervisor Tupper reminded the Board there are forms to be completed and handed to Town
Clerk Snyder, to be filed, monitored as required by the State Office of Community Renewal
regarding such contact with the Town's CDBG projects.
RESOLUTION # 58 AUTHORIZE SUPERVISOR TO LET OUT TO BID FOR THE
2016 CDBG TOWN WIDE HOUSING REHABILITATION
GRANT PROGRAM REQUEST FOR PROPOSALS FOR
GRANT ADMINISTRATION AND SERVICES
Motion by Councilman Kasperek
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to let out
to bid for the 2016 CDBG Town wide Housing Rehabilitation Grant Program, Request for
Proposals for Grant Administration and Services, and it is further
RESOLVED, the bids shall be opened on March 31, 2017 at 12:00 p.m. at the Raymond G. Thorpe
Municipal Building, 3577 Terrace Road, Cortland, New York.
RESOLUTION # 59 AUTHORIZE SUPERVISOR TO SIGN AGREEMENTWITH
INSERO & CO. CPAs LLP TO CONDUCT AN AUDIT FOR
THE 2016 TOWN ACCOUNTING RECORDS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAYS - 0
ADOPTED
BE IT RESOLVED, the Town does hereby authorize and direct the Supervisor to sign the
agreement with Insero & Co. CPAs, LLP to conduct an audit of the 2016 Town accounting
records, for an amount not to exceed $11,900.00 and $4,900.00 for a single audit if warranted.
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MARCH 01, 2017 TOWN BOARD MEETING PAGE 7
Supervisor Tupper apprised the Board that he had the opportunity to meet with the new
owner of the College Suites, which one building is located on Route 13 and a second building
located on Route 281. He stated the new owner is making a very aggressive effort toward obtaining
proper college tenants. Supervisor Tupper said the new owner is experienced and has met with
Cortland State, the Town of Cortlandville and has even contacted Cornell University to solicit their
college students. Supervisor Tupper shared the Town's past problems with occupancy at the
College Suites, and found the conversation to be very positive. He remarked that it would be nice to
have those buildings fully occupied.
Attorney Folmer drew to the Town Board member's attention a Planning Board Index that
was included in their packets to be used as a reference for forthcoming applications. He remarked
on how well the Planning Board conduct their meetings and expressed that the Board is very active
and thorough.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on April 15, 2017.
The final version of this meeting was approved as written at the Town Board meeting of April 19, 2017.