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HomeMy WebLinkAbout03-21-201236 MARCH 21, 2012 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT DAVID YAMAN, APPLICANT TOMPKINS TRUST CO., OR 859-865 NYS ROUTE 13 TAX MAP #95.00-10-04.000 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, permitting construction of a 3,900 sq. ft. fast food building and a 9,760 sq. ft. retail building with accessory parking for 77 vehicles, for property located immediately southwest of the NYS Route 13/Lime Hollow Road intersection, tax map #95.00-10-04.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; David Yaman; George Mowry; Barb Leach; and Steve Flatt. 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, and noted that the applicant, David Yaman was in attendance. Councilman Proud commented that he attended the Planning Board meeting in which Mr. Yaman presented and therefore had no questions. Councilman Testa questioned when Mr°. Yaman planned to start construction. Mr. Yaman indicated that construction would begin April 16, 2012. Supervisor Tupper questioned whether Mr. Yaman had tenants for the buildings. Mr. Yaman indicated that two of the five spots were already rented, and there was interest in the vacant spots. Supervisor Tupper commented on the location of the buildings and the high traffic area. He questioned the design of the buildings and asked whether they would complement what is already in the area. Mr. Yaman presented a drawing of the proposed retail building and stated that he was trying to create an upscale look. He indicated that McDonald's was also tying the design of its building to match the area. Supervisor Tupper questioned which traffic light would be used to access the buildings. Mr. Yaman indicated that traffic could access the buildings from Lime Hollow Road or Route 13, but thought traffic would mostly come from the Route 13 traffic light across from Cortlandville Crossing. No further comments or discussions were heard. The Public Hearing was closed at 5:05 p.m. •J• i 37 MARCH 21, 2012 5:00 P.M. 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 Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; David Yaman; George Mowry; Barb Leach; and Steve Flatt. ., Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of February 1, 2012 as submitted. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of February 15, 2012 as submitted. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of February 28, 2012. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortlandville to receive and file the Cortlandville Planning Board Minutes of February 28, 2012. All voting aye, the motion was carried. RESOLUTION #51 AUTHORIZE PAYMENT OF VOUCHERS — MARCH Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have ibeen audited and shall be paid as follows: General Fund A Vouchers #163 - 199 $100,563.60 General Fund B B26 - B28 $ 4,477.69 Highway Fund DB D83 - D95 $ 28,747.80 Trust & Agency T7 - T9 $ 30,611.06 Special Grants C5 - C5 $ 11,444.45 Water Fund W71 - W88 $ 79,569.43 Sewer Fund S37 - S45 $ 74,486.32 Supervisor Tupper offered privilege of the floor to George Mowry. George Mowry, of 3238 S. Cortland -Virgil Road, voiced his concerns regarding his neighboring property, which was sold four years ago and is now being rented. The tenants have been operating a year-round garage sale, and are constantly burning trash. He contacted the Fire Department, 911, the Sheriff's Department, the DEC, and the landlords of the property. The tenants have moved the location of the burn pile away from his house and in the direction of Walden Place. He noted that he received a letter in the mail regarding a burning ban, and the Cortland Standard recently reported on brush fires. Mr. Mowry stated he did not know what his next recourse was. Attorney Folmer suggested Mr. Mowry contact the Town Code Enforcement Officer, Tom Williams. Mr. Williams could coordinate with the DEC and examine the Town Code with regard to the ongoing sale. There are restrictions in the Town Code as to how many days one can have such a sale. MARCH 21, 2012 TOWN BOARD MEETING PAGE 2 The monthly report of the Town Justice for the month of February 2012 was on the table for review and is filed in the Town Clerk's office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by David Yaman for property located on NYS Route 13. RESOLUTION #52 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2012 SUBMITTED BY DAVID YAMAN FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by David Yaman to permit the construction of a 3,900 sq. ft. fast food building and a 9,760 sq. ft. retail building with accessory parking for 77 vehicles, for property owned by Tompkins Trust Co., located immediately southwest of the NYS Route 13/Lime Hollow Road intersection, tax map #95.00-10-04.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore )JI BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of David Yaman, Aquifer Protection Permit #1 of 2012, shall have no significant environmental impact. RESOLUTION #53 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2012 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2012, submitted by David Yaman for property owned by Tompkins Trust Co. RESOLUTION 954 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2012 SUBMITTED BY DAVID YAMAN FOR PROPERTY LOCATED ON NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE 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 #1 of 2012, submitted by David Yaman permitting the construction of a 3,900 sq. ft. fast food building and a 9,760 sq. ft. retail building with accessory parking for 77 vehicles, for property owned by Tompkins Trust Co., located immediately southwest of the NYS Route 13/Lime Hollow Road intersection, tax map #95.00-10-04.000, subject to the following conditions from the Town and County Planning Boards: 39 MARCH 21, 2012 TOWN BOARD MEETING PAGE 3 1. The applicant providing documentation to the Town pertaining to the two easements over the neighboring properties to insure that there is perpetual access to this property without the need for additional curb cuts on Lime Hollow Road and/or NYS Route .13. 2. The Town Highway Superintendent and NYS Department of Transportation (DOT) being consulted to determine if any permits are required for the increased volume of traffic using the existing driveway entrances on Lime Hollow Road and NYS Route 13 respectively as a result of the proposed development. 3. The handicap accessible parking spaces adjacent to the fast food restaurant being increased in width to 10 ft. or the applicant applying for and receiving an area variance to allow the handicap accessible spaces to have less width than required by the Town. 4. Pavement markings indicating areas for safe pedestrian crossing between the two proposed buildings being indicated on the site. 5. The applicant obtaining approval of the stormwater pollution prevention plan for the site from the Town per the Town's stormwater ordinance as there would be more than 10,000 sq. ft. of impervious surface on the site. This stormwater pollution prevention plan must include a maintenance schedule for the stormwater quality pretreatment unit capturing parking lot runoff. 6. The applicant filing a Notice of Intent with the NYS Department of Environmental Conservation (DEC) since more than one acre of land is to be disturbed as part of this proposal as per the NYS Phase II stormwater regulations. t, 7. The applicant submitting to and receiving approval of the Town of plans for snow storage/removal for the site. 8. The dumpster area being properly screened so as to not be visible from neighboring properties on Lime Hollow Road and NYS Route 13. 9. A food service permit being obtained from the County Health Department. 10. The installation of a backflow prevention device for the public water connection. 11. Approval of the connection to the public water and public sewer by the County Health Department via application to the Town. 12. Approval from the County Health Department of the proposed grease trap for the facility. 13. The Town's approval of the building/site design per the standards/intent of the Town's Design and Development Guidelines. h 14. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk Snyder referred back to the approval of the Draft Town Board Minutes of February 1, 2012, and questioned which set of minutes they were approving. The Board indicated that the original version submitted with no corrections was to be accepted. Attorney Folmer reported: Moratorium — Commercial Wind Farm Facilities: Attorney Folmer stated he was asked to draft a local law imposing a moratorium for commercial wind farm facilities, which he did. The draft local law was almost identical to the local law previously adopted by the Board which expired. He presented the Board and Town `i 0 MARCH 21, 2012 TOWN BOARD MEETING PAGE 4 .,, Clerk Snyder with a copy of the proposed draft local law. He suggested the Board schedule a public hearing for April 4, 2012 at 5:00 p.m. and indicated that he prepared a legal notice which he would forward to Town Clerk Snyder for publication. The proposed moratorium would not be effective until it is filed with the Secretary of State and would expire December 31, 2012. Councilman Proud questioned what changes were made to the proposed local law from the previous moratorium. Attorney Folmer explained that in the previous moratorium placement was discussed, while the proposed moratorium discussed the "establishment, placement, construction, enlargement, and erection", which was consistent with the language being used in the regulations that he, Councilman Proud, and Councilman Rocco were working on. Councilman Proud stated that as it stands right now the Town does not have regulations for commercial wind facilities. If such an application was made, the Town Planning Board would have to make a decision based on siting. The moratorium would hold off applications until the Town completes its regulations, or until December 31 sc Attorney Folmer apprised the Board he debated putting in the notice that the moratorium could be extended by resolution or terminated early by resolution. He deliberately left out language for early termination, stating that the scope of the regulations were such that it would do no harm to have an interval of time between when the regulations are adopted and the end of the year. The grace period would allow the people who have to work with the regulations time to become familiar with it. Supervisor Tupper stated he did not believe that any other towns in the area had adopted regulations yet. RESOLUTION #55 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for April 4, 2012 at 5:00 p.m. for a "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities" until December 31, 2012 in the Town of Cortlandville. Survey for Conveyance of Property: Attorney Folmer reported that he nowt had a survey for the triangular piece of property off of Route 13. He and Councilman Testa would work on some contacts with regard to the property. Certiorari Proceeding — Rite -Aid: Attorney Folmer apprised the Board there were certiorari assessment proceedings pending against Rite -Aid. Negotiations for a resolution were in the works, Assessor Briggs indicated to Attorney Folmer that the negotiations were as favorable as they could be. Attorney Folmer would report back to the Board at a later date. There was discussion regarding correspondence from Senator Seward acknowledging receipt of the Town of Cortlandville's Resolution in support of Article X of the public service law enacted in 2011. Supervisor Tupper stated it was his understanding that while the Home Rule Law is on the calendar of both the State Assembly and the State Senate, it did not look like the topic was moving anywhere. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Senator James L. Seward, dated March 5, 2012, acknowledging receipt of the Town of Cortlandville's Resolution #26 of 2012 which was in support of the Cortland County Legislator's Resolution #318-11, "Resolution in opposition to Article 10 of the Power of NY Act of Public Service Law." All voting aye, the motion was carried. y1 MARCH 21, 2012 TOWN BOARD MEETING PAGE 5 There was a brief discussion regarding the 2012 Recreation Contract between the City of Cortland and the Town of Cortlandville. Supervisor Tupper explained the reason the contract was delayed was because the City has a new Finance Administrator who wanted to review the contract before sending it to the .Town. According to Supervisor Tupper, Attorney Folmer reviewed the contract. Councilman Leach questioned whether the contract dollar amount had changed. Supervisor Tupper indicated that the contract dollar amount was the same as what was in the Town's 2012 budget. Town Clerk Snyder pointed out an error in the contract and asked for clarification. The contract indicated the year 2011 under Section II. Payment. Supervisor Tupper was aware of the error and stated the contract was for 2012. He indicated that the Mayor of Cortland was also aware of the error. Town Clerk Snyder suggested Supervisor Tupper change the year on the original contract and initial the change, which he did. RESOLUTION 456 APPROVE 2012 ANNUAL CONTRACT BETWEEN THE TOWN OF CORTLANDVILLE AND THE CITY OF CORTLAND FOR RECREATION SERVICES Motion by Councilman Leach Seconded by Councilman, Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the 2012 annual contract between the Town of Cortlandville and the City of Cortland (Cortland Youth Bureau) for,recreation services in the amount of $80,000.00, and it is further RESOLVED, the Supervisor is hereby authorized and,directed to sign the contract. There was discussion regarding the request of the Cortland City School District to use the Town meeting room for their annual Budget Vote and School Board Election on May 15, 2012. Supervisor Tupper questioned whether there was any cost to the Town for the election. Town Clerk Snyder indicated there was no cost to the Town, and that the School District would also utilize one of the lever voting machines. Town Clerk Snyder noted that Justice Casullo was aware that the meeting room/court room would be utilized. She also stated that she informed Peg Baccaro, Clerk for the Board of Education, that in the event of an arraignment the election inspectors would have to briefly vacate the room. RESOLUTION #57 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE TOWN MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 15, 2012 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby `authorize the Cortland City School District use of the town meeting room in the Raymond G. Thorpe Municipal Building, to conduct their annual Budget Vote and School Board Elections on Tuesday, May 15, 2012 from 11:30 a.m. - 9:30 p.m. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Homes & Community Renewal, dated March 13, 2012, regarding approval of the Town's request for Release of Funds and Certification for the Town -Wide Housing Rehabilitation Project. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the New York State Homes & Community Renewal, dated March 16, 2012, regarding the March 16, 2013 completion date for the NYS Community Development Block Grant for Pall Corp., and the unexpended grant funds remaining. All voting aye, the motion was carried. 1i Z_ MARCH 21, 2012 TOWN BOARD MEETING PAGE 6 There was discussion regarding correspondence from Time Warner Cable (TWC). Attorney Folmer explained that TWC was undergoing internal restructuring. According to the correspondence there would be an internal reorganization whereby the cable operations would be conducted through seven regional entities to simplify management reporting and create a more geographically rational structure. Upon completion of the internal reorganization, the local system and franchise serving the Town would be held by Timer Warner Cable Northeast LLC, an indirect, wholly -owned subsidiary of TWC. 'Attorney Folmer apprised the Board he reviewed the information, with the exception of the CD of supplemental documentation. The application to the FCC indicated that it was a pure internal structuring change that would have no effect on the services provided, nor would it have any effect on relocating anybody or anything. Attorney Folmer stated there was no reason that the Board could not adopt the resolution. RESOLUTION #58 CONSENT TO AND APPROVE THE INTERNAL RESTRUCTURING OF TIME WARNER CABLE Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership ("Franchisee"), an indirect, wholly -owned subsidiary of Time Warner Cable Inc. ("TWC") currently holds a franchise granted by the Town of Cortlandville (the "Community") to own and operate a cable system in the Community (the "Franchise"); and WHEREAS, TWC is undertaking an internal reorganization (the "Transaction") whereby, pursuant to a series of concurrent interim steps, the Franchise will be held by Time Warner Cable Northeast LLC, an indirect, wholly -owned subsidiary of TWC; and WHEREAS, the transaction will not result in a transfer of control; TWC will retain ultimate ownership and management authority over the local cable system; and LJ` WHEREAS, TWC has filed FCC Form 394 with the Community and has provided the Community with all information regarding the Transaction required by applicable law (collectively, the "Application"); and WHEREAS, the Community has reviewed the Application and has determined that the Transaction is in the best interest of the Community and its residents and that Timer Warner Cable Northeast LLC has the legal, technical, and financial qualifications to operate the cable system under the Franchise and all applicable local, state and federal laws. NOW, THEREFORE, THE COMMUNITY DOES RESOLVE: 1. The Community consents to and approves of the Transaction to the extent required by the terms of the Franchise and applicable law. 2. The Community confirms that the Franchise is valid and in full force and effect and there are no defaults under the Franchise. 3. Effective upon the closing of the Transaction (the "Closing Date"), Time Warner Cable Northeast LLC shall be responsible for any obligations and liabilities under the Franchise. 4. This Resolution shall take effect upon its passage and publication in accordance with applicable law. MARCH 21, 2012 TOWN BOARD MEETING PAGE 7 y3 No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. t The meeting was adjourned at 5:25 p.m. Respectfully submitted, .-��� 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 April 13, 2012. The draft version of this meeting was approved as written at the Town Board meeting of April 18, 2012. 1 1