HomeMy WebLinkAbout2016-07-06 Town Board MinutesJULY 06, 2016
5:00 P.M.
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PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
DR. BRIAN SIRGANY
992 NYS ROUTE 13
TAX MAP #96.13-01-02.100 (PORTION OF)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the J.M.
McDonald Center, 4292 Fairground Drive, Cortland, New York, concerning an application for
an Aquifer Protection Permit submitted by Dr. Brian Sirgany, pending owner, to construct an
approximately 3,600 +/- sq. ft. professional eye care office building on the southeast side of NYS
Route 13, approximately 1,600 feet northeast of NYS Route 281/NYS Route 13 intersection, a
portion of tax map #96.13-01-02.100.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Paul
Yaman; John Mandarano; Martha Bush, Richard Bush and Todd Stone from the Jr. Fair Board;
Jackie Hartnett from Cornell Cooperative Extension; Emma Gendron, Fair Queen; Chuck
Feiszli; Eric Barden; Dr. Brian Sirgany; Barb Leach; News Reporter: Tyrone Heppard from the
Cortland Standard, and Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussions were heard.
The Public Hearing was closed at 5:03 p.m.
JULY 06, 2016
5:03 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
J.M. McDonald Center, 4292 Fairground Drive, Cortland, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Paul
Yaman; John Mandarano; Martha Bush, Richard Bush and Todd Stone from the Jr. Fair Board;
Jackie Hartnett from Cornell Cooperative Extension; Emma Gendron, Fair Queen; Chuck
Feiszli; Eric Barden; Dr. Brian Sirgany; Barb Leach; News Reporter: Tyrone Heppard from the
Cortland Standard, and Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of June 1, 2016 as submitted. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of June 15, 2016 as submitted. All voting aye, the motion was carried.
RESOLUTION #112 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1265
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Leach, Kasperek NAY — 0
ABSENT — Proud
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1265 submitted by Highway Sup't. Bush to be paid to BSN Sports, to purchase a
basketball goal for the Blodgett Mills Park (small park), for the total cost of $2,599.99 plus
shipping.
RESOLUTION #113 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1269
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Leach, Kasperek NAY — 0
ABSENT — Proud
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1269 submitted by Highway Sup't. Bush to be paid to Steel Sales, to purchase
culvert piping (various sizes and quantities), for the total cost of $34,436.20.
There was discussion regarding payment of the bills. Councilman Leach questioned
whether the Town had a blanket purchase order for D&W Diesel and mentioned the $4,000+ bill
included in the vouchers. Highway Sup't. Bush recalled that the Board approved the purchase
order for D&W Diesel at the June 15, 2016 Town Board Meeting; the purchase order was
attached to the voucher.
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JULY 06, 2016 TOWN BOARD MEETING PAGE 2
RESOLUTION 4114 AUTHORIZE PAYMENT OF VOUCHERS - JULY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Leach, Kasperek NAY — 0
ABSENT — Proud
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #578-665
General Fund A
$181,972.09
General Fund B
$ 57,735.42
Highway Fund DA
$ 0.00
Highway Fund DB
$ 65,372.55
Funds CD1, 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 #239-257
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
$ 2,770.73
Water SW
$ 6,582.34
Funds SF, TA, TE
Voucher #23-26
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 40,533.10
Expendable Trust TE $ 0.00
Supervisor Tupper offered privilege of the floor to Jackie Hartnett.
Jackie Hartnett, from Cornell Cooperative Extension, introduced the 2016 Fair Queen,
Emma Gendron from the Town of Willet. Mrs. Hartnett explained that there were approximately
300 children and 500 animals on site for the fair. She introduced Todd Stone from the Jr. Fair
Board to explain some of the new exhibits.
Todd Stone explained that the Jr. Fair was now featuring a birthing center on site for the
public to view the births of calves. Two local farms were helping to make this come to fruition;
3 cows were expected to give birth on both Friday and Saturday.
Martha Bush thanked the Board for the many years of support the Jr. Fair has received
from the Town. They were especially grateful for the closure of the road during the fair.
The monthly reports of the Supervisor, Town Clerk, and Water & Sewer Department for
the month of June were on the table for review and are filed in the Town Clerk's office.
Supervisor Tupper apprised the Board he received several communications. The first
was a note from Senator Seward thanking the Board for their thoughts during his recent surgery.
The second correspondence was from Angela Wanish, Principal of Smith School,
thanking the Board for their support of the Lime Hollow Nature Center summer camp. Two
Smith School students benefited from the camperships.
The third correspondence was from the City of Cortland thanking the Board for their
support with the Wickwire Pool, including an award.
Councilman Leach made a motion, seconded by Councilman Kasperek, to receive and
file correspondence from Charter Communications, dated July 2, 2016 and July 6, 2016,
regarding programming services. All voting aye, the motion was carried.
S� JULY 06, 2016 TOWN BOARD MEETING PAGE 3
There was discussion regarding the Aquifer Protection Permit submitted by Dr. Sirgany
for property located at 992 NYS Route 13. Attorney Folmer referred to the report from the
County Planning Board and the conditions set. The first condition was to reduce the number of
parking spaces to a maximum of 18, or the applicant provide written justification, which is
acceptable to the Town, as to the necessity of 31 parking spaces. Attorney Folmer explained that
the Town Planning Board was satisfied with the written justification for the need of 31 parking
spaces. Also, an amended site plan showing the number of parking spaces meeting the Town's
dimensional requirement, and the snow storage and trash storage locations was presented.
The more problematic condition was that the Town Planning Board had not received a
stormwater pollution prevention plan or the approval of the plan by Pat Reidy at Cortland
County Soil and Water Conservation District (SWCD). The Town Planning Board
recommended approval of the Aquifer Permit contingent upon "receipt of Stormwater
Management System approval including the Maintenance Plan from County Soil & Water".
Attorney Folmer was in receipt of the report from the SWCD approving the plan, and submitted
the letter from Pat Reidy dated July 5, 2016 to the Town Board as part of the record.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application.
RESOLUTION #115 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT APPLICATION #3 OF 2016
SUBMITTED BY DR. BRIAN SIRGANY FOR PROPERTY
LOCATED AT 992 NYS ROUTE 13
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek NAY - 0
ABSENT - Proud
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Dr. Brian Sirgany to
permit the construction of an approximately 3,600 +/- sq. ft. professional eye care office building
on the southeast side of NYS Route 13, approximately 1,600 feet northeast of NYS Route
281/NYS Route 13 intersection, tax map #96.13-01-02.100 (portion of), 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
Dr. Brian Sirgany, Aquifer Protection Permit #3 of 2016, shall have no significant environmental
impact.
RESOLUTION #116 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION _
OF AQUIFER PROTECTION PERMIT #3 OF 2016
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek NAY - 0
ABSENT - Proud
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #3 of 2016, submitted by Dr. Brian Sirgany.
There was discussion regarding the approval of the Aquifer Protection Permit. Attorney
Folmer suggested the permit be approved subject to the 11 conditions set by the County Planning
Board. He clarified that all conditions have been met and that the applicant was agreeable to all
of them. Supervisor Tupper mentioned that the Town Planning Board insisted that the Town be
in receipt of the Stormwater Maintenance Plan before issuing a permit, which has been satisfied.
The applicant was in compliance with everything.
JULY 06, 2016 TOWN BOARD MEETING PAGE 4
RESOLUTION #117 APPROVE AQUIFER PROTECTION PERMIT APPLICATION
#3 OF 2016 SUBMITTED BY DR. BRIAN SIRGANY FOR
PROPERTY LOCATED AT 992 NYS ROUTE 13 SUBJECT TO
CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek NAY - 0
ABSENT - Proud
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 #3 of 2016,
submitted by Dr. Brian Sirgany, permitting the construction of an approximately 3,600 +/- sq. ft.
professional eye care office building on the southeast side of NYS Route 13, approximately
1,600 feet northeast of NYS Route 281/NYS Route 13 intersection, tax map #96.13-01-02.100
(portion of), subject to conditions from the Town and County Planning Boards, with the
modification of condition #1 of the Cortland County Planning Boards recommendations.
1. The number of parking spaces on the site being reduced to a maximum of 18 spaces, as
would be required for a typical medical office of this size, or the applicant provides
written justification, which is acceptable to the Town, as to the necessity of 31 parking
spaces for the facility.
la. The Town Planning Board has received acceptable written justification to satisfy the
necessity of 30 parking spaces for the facility.
2. The applicant's submittal of an amended site plan to the Town showing the number of
handicap parking spaces, all parking spaces meeting the Town's 10 ft. by 20 ft.
dimensional requirement, snow storage locations and the outside trash storage (dumpster)
area.
3. The applicant's submittal of a narrative to the Town explaining how the proposed
building conforms to the Town's Design and Development Guidelines (Article XXIII).
4. The applicant obtaining a curb cut permit from the NYS DOT (Department of
Transportation) for the proposed driveway entrance onto NYS Route 13.
The applicant obtaining approval of the final design of the stormwater pollution
prevention plan per the Town's stormwater ordinance.
6. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan per the NYS Phase R stormwater regulations if it is determined that at least one acre
of land would be disturbed in the development of this proposal.
7. The applicant obtaining approval of the landscaping plan for the site from the Town.
8. The applicant obtaining approval of the public water and sewer connections, as well as
. the installation of a backflow prevention device for the public water connection, from the
County Health Department via application to the Town.
9. That any proposed signage be submitted to the Town with dimensions and details of the
proposed sign. Any signage would require compliance with the "Zoning Local Law of
the Town of Cortlandville", Article XVIII Signs, unless a bulk variance is applied for and
obtained.
10. All site lighting being directed in a downward manner as not to infringe on the
neighboring properties with no light emanating greater than 1.0 foot candles at the
property line.
11. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED. the Supervisor is herebv authorized to sign the hermit.
q () JULY 06, 2016 TOWN BOARD MEETING PAGE 5
Attorney Folmer reported:
Sale of Surplus Property:
Attorney Folmer stated that resolution from the Draft Minutes of June 15, 2016 referring
to the approval of the sale of surplus property was proper.
Bond Anticipation Note Closings:
Attorney Folmer apprised the Board there would be two Bond Anticipation Note closings
scheduled for Friday, July 8, 2016 at NBT Bank.
Tax Certiorari Proceeding:
Attorney Folmer reported that that he was in receipt of a Tax Certiorari Proceeding filed
by Chemung Canal Trust Company for property located off of Route 222.
Councilman Leach made a motion, seconded by Councilman Kasperek, to receive and
file correspondence from the New York State Department of Transportation, dated June 10,
2016, denying the Town's request for a reduction in speed limit on McLean Road. All voting
aye, the motion was carried.
Supervisor Tupper stated that the Town has been trying to reduce the speed limit on
McLean Road in the vicinity of the Lime Hollow Nature Center since the 1970s. The Town's
request was denied once again. Supervisor Tupper indicated that the NYS DOT conducted a
thorough investigation in order to make their determination. He mentioned that Tompkins
County has also been denied in their requests for a reduced speed limit.
Councilman Leach referred to the correspondence from the NYS DOT, which read as
follows:
"Studies conducted throughout the country have shown that drivers are influenced more by the
appearance of the highway itself and prevailing traffic conditions rather than by the posted speed
limit. If speed limit signs are posted for a lower limit than is needed, many drivers will simply
ignore the signs. At the same time, other drivers will stay within the posted speed limit. This
increases the conflicts between faster and slower drivers, reduces the gaps in traffic, and increases
the difficulty for pedestrians and other vehicles to judge the speed of approaching vehicles."
According to the correspondence, the NYS DOT would also be contacting the New York
State Troopers to increase their enforcement of this portion of the roadway. Councilman Leach
was still in favor of a reduced speed limit.
The Board will continue their efforts for a reduced speed limit.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Office of Community Renewal (OCR), dated June 16,
2016, requesting a Project Status Report for the 6-month period of January 1 - June 30, 2016 for
the NYS CDBG Town -wide Housing Rehabilitation Project (#287HR62-13). All voting aye, the
motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Office of Community Renewal (OCR), dated June 16,
2016, requesting a Project Status Report for the 6-month period of January 1 - June 30, 2016 for
the NYS CDBG Project for Innovative Manufacturing Solutions (#287CRF-SB37-13). All
voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Office of Community Renewal (OCR), dated June 16,
2016, requesting a Project Status Report for the 6-month period of January 1 - June 30, 2016 for
the NYS CDBG Project for Forkey Construction & Fabrication, Inc. (#287ED798-14). All
voting aye, the motion was carried.
JULY 06, 2016 TOWN BOARD MEETING PAGE 6
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RESOLUTION #118 AUTHORIZE SUPERVISOR TO SIGN THE ANNUAL
PERFORMANCE REPORT FOR THE YEAR 2016 (FINAL)
REGARDING THE TOWN OF CORTLANDVILLE'S
COMMUNITY DEVELOPMENT BLOCK GRANT FOR
FORKEY CONSTRUCTION & FABRICATION, INC.
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek NAY - 0
ABSENT - Proud
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the Annual
Performance Report (Final) for the period of January 1, 2016 through June 25, 2016 regarding
the Town of Cortlandville's Community Development Block Grant for Forkey Construction &
Fabrication, Inc. (287ED798-14).
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
Cortland County Planning Department recommendations, dated June 10, 2016, and Cortland
County Planning Board Resolution #16-15, dated June 15, 2016, regarding the Aquifer
Protection Permit application of Dr. Brian Sirgany for property located at 992 NYS Route 13.
All voting aye, the motion was carried.
RESOLUTION #119 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY ROYAL NISSAN SUBARU FOR PROPERTY
LOCATED AT 654 NYS ROUTE 13 TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Leach
Seconded by Councilman Kasperek
VOTES: AYE - Tupper, Testa, Leach, Kasperek NAY - 0
ABSENT - Proud
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Royal Nissan Subaru
for property located at 654 Route 13, tax map #105.00-04-06.200, shall be forwarded to the Town
and County Planning Boards for review and recommendations, and it is further
RESOLVED, the Aquifer Protection Permit application and plans are hereby received and filed.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:30 p.m.
Respectfully submitted,
�J
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on July 20, 2016.
The draft version of this meeting was approved as written at the Town Board meeting of August 3, 2016.