HomeMy WebLinkAbout07-11-201201
JULY 11, 2012
W1109 V
PUBLIC HEARING NO. 1
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC DEVELOPMENT APPLICATION
A Public Hearing was held by the Town Board of the Town of Cortlandville at the J.M.
McDonald Center, Fairgrounds Drive, Cortland, New York, concerning an application to New
York State for funding under the federal Small Cities Community Development Block Grant
Program in 2012 with a maximum funding request of $70,000.00.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town
Historian, Jeff Guido; Bernie Thoma from Thoma Development Consultants; Bruce Letts, from
C&S Engineers, Inc. and Ravi and Bharati Desai from Sky Hospitality, LLC; Barbara Tupper;
Barb, Patrick and Sarah Leach; Dick Bush from the Cortland County Fair; Jackie Hartnett from
Cortland County 4-H; Members of 4-H: Megan Poole, Christopher Todd, and Jessica Currie; The
Cortland County Fair Queen and her 1" and 2"d Alternates; News Reporters: Matthew Nojiri
from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for 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 Bernie Thoma.
Bernie Thoma, from Thoma Development Consultants, stated that the public hearing was
a requirement for the grant application for the Community Development Block Grant (CDBG)
funds. In the past, two public hearings were required however this year only one public hearing
was required.
Mr. Thoma explained some basic information about the CDBG. The Town could apply
for housing or economic development of public facilities. Approximately $40 million was
available to the State this year for funding. Applications for economic development of public
facilities must be filed Monday, July 16, 2012, while applications for housing were due in
August. Mr. Thoma anticipated that the economic development grants are expected to be
awarded in September.
One of the programs under economic development that could be applied for was a small
business assistance program. Precision Eforming, a company located in the Cortland Commerce
Center on Route 13 (former SCM building) would like to make such application. Mr. Thoma
explained that the company "is a world -class manufacturing company of high accuracy
electroform sieve, sieve material, electroform small parts, nickel mesh, copper mesh, gold mesh
products." The company needed to upgrade its equipment and had a budget of $182,000. The
program would allow the Town to apply for approximately 40% of the project cost. The Town's
application would be for $70,000, of which $63,000 would be granted to the company contingent
on them expending $112,000 to complete the project. The company anticipated that based on the
project it would create three jobs within a 2-year period.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
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JULY 11, 2012
5:10 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
LOWELL DEWEY, P.E., APPLICANT
SKY HOSPITALITY, LLC, OR
NYS ROUTE 13
TAX MAP #105.00-03-08.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the J.M.
McDonald Center, Fairgrounds Drive, Cortland, New York, concerning an application for an
Aquifer Protection Permit, permitting the construction of a 64 unit hotel on a 5.44+/- acre parcel,
for property located on the west side of NYS Route 13 and the north side of Finger Lakes East
Drive, tax map #105.00-03-08.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town
Historian, Jeff Guido; Bernie Thoma from Thoma Development Consultants; Bruce Letts, from
C&S Engineers, Inc. and Ravi and Bharati Desai from Sky Hospitality, LLC; Barbara Tupper;
Barb, Patrick and Sarah Leach; Dick Bush from the Cortland County Fair; Jackie Hartnett from
Cortland County 4-H; Members of 4-H: Megan Poole, Christopher Todd, and Jessica Currie; The
Cortland County Fair Queen and her 1" and 2nd Alternates; News Reporters: Matthew Nojiri
from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for 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 Bruce Letts from C&S Engineering
who was taking the place of Lowell Dewey, PE. He added that the application went before the
Cortland County Planning Board and the Cortlandville Planning Board and was approved. He
mentioned that several changes were made to the original site plan in response to comments that
were made by both agencies, including changes to the entrances and parking.
Supervisor Tupper questioned whether Mr. Letts had a rendition of the building to show.
Mr. Letts displayed the site plan to the Board which included the building, landscaping, and
stormwater management. The Best Western Hotel would be a 3-story hotel with 64 rooms and
84 parking spaces. Construction would begin as soon as they received approval of the Aquifer
Protection Permit.
Councilman Rocco questioned whether there was anything additional that the Town or
County Planning Boards wanted done. Attorney Folmer explained that both the Town and
County Planning Boards attached conditions to their approvals, which he thought had been
addressed. However, he stated that if the Board were to approve the permit they would want to
do so subject to the conditions.
Councilman Rocco mentioned that the Best Western Hotel would be locally owned by
Ravi and Bharati Desai.
No further comments or discussions were heard.
The Public Hearing was closed at 5:20 p.m.
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JULY 11, 2012 5:20 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, Fairgrounds Drive, Cortland, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town
Historian, Jeff Guido; Bernie Thoma from Thoma Development Consultants; Bruce Letts, from
C&S Engineers, Inc. and Ravi and Bharati Desai from Sky Hospitality, LLC; Barbara Tupper;
Barb, Patrick and Sarah Leach; Dick Bush from the Cortland County Fair; Jackie Hartnett from
Cortland County 4-H; Members of 4-H: Megan Poole, Christopher Todd, and Jessica Currie; The
Cortland County Fair Queen and her lst and 2nd Alternates; News Reporters: Matthew Nojiri
from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2,
Access TV.
Supervisor Tupper called the meeting to order and suggested the Board discuss agenda item
H-2 regarding the Aquifer Protection Permit application.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form
for the Aquifer Protection Permit application submitted by Lowell Dewey, P.E. for Sky Hospitality,
LLC, for property located on NYS Route 13.
RESOLUTION #111 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2012 SUBMITTED BY
LOWELL DEWEY, P.E. FOR PROPERTY OWNED BY SKY
HOSPITALITY, LLC LOCATED ON NYS ROUTE 13
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Lowell Dewey, P.E. of
C&S Engineers, Inc. to permit the construction of a 64 unit hotel on a 5.44+/- acre parcel, for
property owned by Sky Hospitality, LLC, located on the west side of NYS Route 13 and the north
side of Finger Lakes East Drive, tax map #105.00-03-08.000, 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
Lowell Dewey, P.E., Aquifer Protection Permit #2 of 2012, shall have no significant
environmental impact.
RESOLUTION #112 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #2 OF 2012
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #2 of 2012, submitted by Lowell Dewey, P.E. of
C&S Engineers, Inc. for property owned by Sky Hospitality, LLC.
JULY 11, 2012
TOWN BOARD MEETING
PAGE 2
RESOLUTION #113
APPROVE AQUIFER PROTECTION PERMIT #2 OF 2012
SUBMITTED BY LOWELL DEWEY, P.E. FOR PROPERTY
OWNED BY SKY HOSPITALITY, LLC LOCATED ON NYS
ROUTE 13 SUBJECT TO CONDITIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
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 #2 of 2012,
submitted by Lowell Dewey, P.E. of C&S Engineers, Inc. permitting the construction of a 64 unit
hotel on a 5.44+/- acre parcel, for property owned by Sky Hospitality, LLC, located on the west
side of NYS Route 13 and the north side of Finger 'Lakes East Drive, tax map #105.00-03-08.000,
subject to the following conditions from the Town and County Planning Boards:
The applicant obtaining approval from the Town Highway Superintendent of driveway
entrance and drainage details at the proposed Finger Lakes East Drive driveway entrance.
2. The applicant obtaining approval of the stormwater pollution prevention plan for the site
from the Town. The applicant shall provide details for the routing of roof runoff and
catch basin drainage to the stormwater basin as part of this plan as well as maintenance
plan for the stormwater system to insure that it continues to function properly in the
future.
The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) per the NYS Phase II stormwater regulations in addition to the
development of a stormwater pollution prevention plan for the site, which shall include
stormwater management and runoff reduction and coverage under the SPDES General
Permit for Stormwater Discharges from Construction Activities (General Permit-0-10-
001).
4. The applicant indicating in the stormwater plan for the site that runoff from snow storage
areas is being captured by the stormwater system for the site.
5. The applicant obtaining a food service permit from the County Health Department as
well as approval of plans for the hotel and swimming pool.
6. The applicant obtaining approval of the connection to public water and sewer, including
the installation of a backflow prevention device for the hotel and swimming pool public
water connection, from the County Health Department through application to the Town.
7. The applicant obtaining approval from the Town of the landscaping plan for the site
including a maintenance plan for the landscaping of the site including the undeveloped
section of the lot.
8. The applicant obtaining approval from the Town of the lighting plan for the site.
9. The applicant obtaining approval from the Town of the design and architectural features
of the building per the Town's Design and Development Guidelines.
10. Compliance with SEQR requirements.
AND BE IT FURTHER RESOLVED, that the Board notes the following:
1. The applicant should continue to work with the NYS Department of Transportation
(DOT) to obtain approval to remove the "pork chop" from the intersection of NYS Route
13 and Finger Lakes East Drive to allow vehicles to turn left or right into or out of Finger
Lakes East Drive in order to increase accessibility to this proposal from NYS Route 13.
JULY 11, 2012
TOWN BOARD MEETING
PAGE 3
2. The applicant should consider a pedestrian walkway, including a crosswalk through the
parking lot, to the adjacent mini golf facility as there would probably be pedestrian traffic
between the two sites.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Supervisor Tupper offered privilege of the floor to the Cortland County 4-H Members who
were in attendance.
Jackie Hartnett, representing the Cortland County 4-H, apprised the Board there were
several teens in attendance who were involved with the County Fair for years as well as other
activities such as community service and public presentation. The 4-H wanted to attend a meeting
to thank the Town for supporting the Fair and for issuing the permits that have allowed the facilities
at the fairground.
Jessica Currie, introduced herself to the Board and stated that she has been very active with
the Fair since she was five years old showing cows. She recently graduated from Tully High School
and would be attending Morrisville College in the fall for Dairy Science.
Christopher Todd introduced himself to the Board and stated that he has been involved with
the Fair for a long time, as well as several different 4-H clubs. He has shown horses, dairy cows,
beef cows, and goats. Councilman Rocco questioned whether Christopher lived on a farm and what
it was like living on a farm in Cortland today. Christopher stated that he lived on a farm and that it
is a lot of hard work, and challenges with the economy. He was the fourth generation on his family
farm.
Megan Poole apprised the Board she lived on a third generation dairy herd farm, however in
2010 her family sold the dairy herd. She had been showing cattle at the Fair for 13 years. Megan
thanked the Town for supporting the Fair throughout the years. She explained that after the County
Fair the 4-H group would move on to the State Fair to show animals.
Mrs. Hartnett introduced Delta Barber, an 8-year-old who was a Clover Bud with 4-H. Mrs.
Hartnett added that about 280 children, ages 5-19, were showing animals and exhibits at the Fair
this year.
Councilman Leach recognized Jackie Hartnett who was a Secretary at Cooperative
Extension, as well as Dick and Martha Bush for their roles with the County Fair. He stated that he
appreciated what they were all doing for today's youth. Councilman Leach questioned what 4-H
stands for. The members apprised the Board that 4-H stood for Head, Heart, Hands, Health.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of June 20, 2012. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of June 26, 2012. All voting aye, the motion
was carried.
RESOLUTION #114 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1163
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1163 submitted by Highway Sup't. Bush to be paid to Bur -Trans, Inc. for the
transportation of lA Limestone (washed) from the Jamesville Quarry in Jamesville, New York to
the Town Highway Garage, at the cost of $7.00/ton.
JULY 11, 2012 TOWN BOARD MEETING PAGE 4
RESOLUTION #115 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1162
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1162 submitted by Highway Sup't. Bush to be paid to Crossroads Highway
Supply for the purchase of 4 rolls of 12' tensar fabric at the cost of $956.00 per roll, and 4 rolls
of 17' tensar fabric, at the cost of $385.00 per roll, for the total cost of $5,364.00.
With regard to payment of the vouchers, Councilman Proud questioned why there was a
service charge on the bill for Lowe's. Town Clerk Snyder explained there was a problem with
when the bill was received and when the bills get paid through a Town Board Meeting. In order
to avoid future service charges, she suggested that the bills for Lowe's could be paid using the
sales receipts or the Board could authorize prepayment of the bill which is usually only done for
utility bills.
RESOLUTION 4116 AUTHORIZE PAYMENT OF VOUCHERS — JULY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #370 - 397
$
90,679.56
General Fund B
B91 - B98
$
2,125.09
Highway Fund DB
D215 - D249
$
22,128.35
Water Fund
W 193 - W206
$
5,201.66
Sewer Fund
S85 - S90
$
1,918.72
Supervisor Tupper offered privilege of the floor to Jeff Guido.
Town Historian, Jeff Guido apologized for not being able to report to the Board for the
last few months. He informed the Board that he was doing some research at the Cortland County
Historical Society and found an interesting history done by Helen Myers on the history of
Cortlandville up to 1900. An interesting fact that he came across was that 151 years ago this
September, the current Cortland County Fairground property was leased to the United States
Military by the Cortland County Agricultural Society for military camps when they were first
starting to recruit soldiers after the Battle of Bull Run and the start of the Civil War.
Mr. Guido apprised the Board he received a request from resident Dick Phillips to help
research a man named Peter Rice Tanner. Mr. Phillips found a tombstone for Mr. Tanner on his
property less than 100 yards from the Blodgett Mills Cemetery. At the time that Mr. Tanner
died, it was not recorded who was in the cemetery. The Director of the Cortland County
Historical Society speculated that the tombstone was moved from the cemetery.
Mr. Guido also mentioned that he spoke with Doreen Bates from the Living History
Museum regarding the opening of the museum and upcoming events.
Mr. Guido apprised the Board he made several unsuccessful attempts to contact Data
Worx to update the Town Historian page on the Town's website. Supervisor Tupper explained
that the Town would be updating its website and would be utilizing Keegan & Associates to do
so. Mr. Guido stated he was taking photographs around town and was talking to many
businesses to be able to include their histories as well. From a historical perspective,
Councilman Proud stated it would be nice to show the Town as it has evolved through
photographs.
Councilman Rocco questioned whether Mr. Guido had attended any formal meetings
with other Historians in the County, and suggested he meet with the Village of McGraw
Historian. Mr. Guido had not attended such meetings, but would look into doing so and would
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also make a trip to the Village.
JULY 11, 2012
TOWN BOARD MEETING
PAGE 5
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Supervisor Tupper offered privilege of the floor to Patrick Leach.
Patrick Leach of East River Road in the Town apprised the Board he was in favor of a
reduction in speed limit on his road, which the Board requested at a prior meeting. He discussed
the road and the vehicles that travel at high speeds, and his neighbors. Supervisor Tupper
suggested Mr. Leach have his neighbors sign a petition for a reduction in speed limit, which may
help the Town's request.
The monthly reports of the Code Enforcement Officer, Justice, Supervisor, Town Clerk,
and the Water & Sewer Department for the month of June 2012 were on the table for review and
are filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated July 4, 2012, regarding programming services.
All voting aye, the motion was carried.
Under communications, Supervisor Tupper apprised the Board the Town received a
notice from Blue Cross Blue Shield regarding an anticipated 14% increase to the Town's health
insurance, and mentioned the 2% tax cap the Town had to follow set by the State.
Under new business, Town Clerk Snyder apprised the Board she received a Small Claims
Assessment Review Petition for a residential property and a Certiorari Action from Carrols
Corporation. Attorney Folmer explained that Assessor Briggs would handle the Small Claims
Assessment Review Petition. The Certiorari Action from Carrols Corporation, which is filed
each year, would eventually be negotiated.
RESOLUTION #117 ACKNOWLEDGE RECEVING SMALL CLAIMS
ASSESSMENT REVIEW PETITION
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Small Claims Assessment Review Petition from Robert R. Martin and Pamela J. Jenkins for
property located at 4022 College View Drive, tax map #85.11-01-31.000, regarding their current
assessed property value.
RESOLUTION #118 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
W OF ASSESSMENT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding its current assessment from Carrols Corporation #326 for property
located at 1096 Route 222 in the Town of Cortlandville, tax map #86.13-01-57.100.
Attorney Folmer reported:
Easement for National Grid:
Attorney Folmer apprised the Board the Town was provided with an easement document
from National Grid for the relocation and submission of underground lines on Fairview Drive in
connection with the airport work. The easement is over two pieces of property that the Town
owns. Attorney Folmer discussed the easement with Highway Sup't. Bush and was satisfied
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JULY 11, 2012 TOWN BOARD MEETING PAGE 6
with the documents. Attorney Folmer requested the Board authorize the Supervisor to sign the
easement documents so they could be returned to National Grid.
Councilman Rocco questioned whether National Grid would run the underground lines
the entire length of Fairview Drive or just near the airport. Highway Sup't. Bush clarified that
the lines would be underground where the flight path zone was.
RESOLUTION #119 AUTHORIZE SUPERVISOR TO SIGN EASEMENT
DOCUMENTS BETWEEN THE TOWN OF CORTLANDVILLE
AND NATIONAL GRID WITH REGARD TO TOWN
PROPERTY LOCATED ON FAIRVIEW DRIVE
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
easement documents between the Town of Cortlandville and National Grid regarding the
relocation and submission of underground utility lines through Town property located on
Fairview Drive, tax map #95.00-05-05.120 subject to Town Attorney approval.
Relocation of a Waterline:
Attorney Folmer apprised the Board that in connection with the new building
construction on the corner of Lime Hollow Road and Route 13, there was a need to relocate a
waterline, which also required the relocation of an easement for placing the water line in the
proper place. Attorney Folmer had the easement documents and found them to be proper.
Conveyance would be dedicated to the Town upon completion of construction. With all that
said, Attorney Folmer stated there was a problem. Originally, the plans indicated that the
waterline would be located between a retention pond and a building. The reason to do that was
because it provides 5 feet of dirt coverage over the waterline so that it doesn't freeze in the
winter. However, when the contractor installed the line part of the line was installed within the
detention basin, which meant there was only about 2 feet of coverage. This was not adequate
according to the Town's specifications, nor was it consistent with the original plans. According
to Water & Sewer Sup't. Alteri either the line needed to be moved, which meant the easement
would have to be adjusted, or part of the retention basin would have to be relocated and coverage
provided for the line in its present condition, which is what Attorney Folmer thought the
contractor would do. Attorney Folmer asked the Board to approve the acceptance of the
easement in its present form when Water & Sewer Sup't. Alteri advises him that it is in proper
form and ready to be accepted. If the Town does not do so, there would be a delay in the
ongoing construction process.
Supervisor Tupper questioned whether there would be a cost to the Town, and whether
the applicant would have to go before the Planning Board again to move the retention pond.
Attorney Folmer explained that there was no cost to the Town, and that the applicant may have
to go back to the Planning Board depending on how far they move it and whether or not they
actually have to move it. The applicant would have to review the matter with Planning and
Zoning Officer Weber and CEO Williams to be sure they are still consistent.
RESOLUTION #120 APPROVE EXECUTION OF WATER EASEMENT FROM
CORTLAND COMMERCE RETAIL CENTER, LLC SUBJECT
TO APPROVAL FROM WATER & SEWER SUP'T. ALTERI
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the water easement in its present form from Cortland Commerce Retail Center, LLC for property
located on Route 13, tax map #95.00-10-04.000, subject to approval from Water & Sewer Sup't.
Peter Alteri, Jr.
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JULY 11, 2012
TOWN BOARD MEETING
PAGE 7
Walgreens Stormwater Management System:
Attorney Folmer apprised the Board that Clough Harbour & Associates (CHA) arranged
to have the required stormwater testing done beginning Monday, July 161h through Thursday,
July 19th. The agreement was for there to be an independent observer of the activities. Attorney
Folmer engaged the services of Chuck Feiszli from Resource Associates to serve as the Town's
Independent Observer, the cost of which would be paid for by either CHA or the contractor.
Attorney Folmer was hopeful that the testing would complete by July 19th, and would put an end
to the problem the Town has been struggling with for the past 2-3 years.
RESOLUTION #121 AUTHORIZE TOWN ATTORNEY TO UTILIZE THE
SERVICES OF CHARLES FEISZLI OF RESOURCE
ASSOCIATES TO SERVE AS THE INDEPENDENT
OBSERVER FOR THE WALGREENS STORMWATER
MANAGEMENT TESTING
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
utilize the services of Charles Feiszli of Resource Associates to serve as the Independent
Observer for the Walgreens Stormwater Management Testing to be conducted July 16, 2012
through July 19, 2012.
Zoning Violation — Unsafe Building:
Attorney Folmer recalled that the Board held a Hearing on May 16, 2012 regarding the
Unsafe Building for property located at 840 Route 13 (former Golden Skillet Restaurant) owned
by 840 Route 13 Partners, LLC. The Hearing resulted in the Board directing Attorney Folmer to
prepare an Order for demolition of the premises.
Attorney Folmer read aloud the Order which he prepared for the Board.
Councilman Rocco questioned whether they had signatures from the other owners of the
corporation stating that the agent Russell Freeman was responsible. Attorney Folmer explained
that it was not necessary because the corporation was served at the business address that was
registered with the Town. Mr. Freeman represented himself as a member of the organization.
Mr. Freeman also indicated that the reason the Town did not get return receipts for the registered
mail was because his address was an apartment building in which the doorman would not sign
for registered mail. However, CEO Williams was in touch with Mr. Freeman via phone and
email, and he appeared in response to the notice that was served on the corporation. Attorney
Folmer stated that proof of service was adequate.
Councilman Rocco also asked for clarification regarding the "50% of cost charge for
administrative and oversight costs" which was in the Order. Attorney Folmer explained that the
Town Ordinance provides that when a property is demolished by the Town, the Town is entitled
to charge not only the cost of the demolition, but 50% of that cost to reimburse the Town for the
administrative and oversight costs of the demolition.
Councilman Testa questioned what the next step was. Attorney Folmer explained that the
adopted Order would be certified by Town Clerk Snyder and would be served by registered mail
and via electronic email. CEO Williams would also call Mr. Freeman. Mr. Freeman would have
10 days to demolish the premises. The 10 day period would commence the day after service,
because you don't count the day of service. Once the 10 day period is up, Attorney Folmer
stated the Town may have to submit a request to the Supreme Court for permission to get into the
property to avoid Fourth Amendment issues as to search and seizure, which is called an Order to
Show Cause. He speculated that Judge Rumsey would probably hear the matter, and that it
should not delay the Town. In the meantime, during the 10-day period, the Town would solicit
bids for the demolition so the Town could be ready to go as soon as they have the authorization.
Supervisor Tupper commented that they understood Mr. Freeman was close to
demolishing the building, and questioned whether he abandoned those ideas. Attorney Folmer
stated he had an email from Mr. Freeman from mid -June indicating that he was awaiting a test
for asbestos and was in the process of getting bids for demolition. The Town confirmed that he
was in touch with a local contractor concerning the cost for demolition. However, as of two days
ago, the Town tried to confirm if there had been any additional contacts and there had not been
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DULY 11, 2012 TOWN BOARD MEETING PAGE 9
in the last 10 days or 2 weeks. With regard to the asbestos, Attorney Folmer apprised the Board
that CEO Williams could declare the building as unsafe to enter because of the roof. If that is the
case, the asbestos abatement could be accomplished by having the fire department hose down the
building as it is being demolished so the asbestos would not go through the air. Attorney Folmer
stated that the Order was the next step, and service would follow; the Town would move as fast
as it could.
Councilman Proud questioned whether there would be any recourse action if after 10
days the corporation did not respond. Attorney Folmer stated that if the Town makes an
application by Order to Show Cause for permission to enter on and demolish, theoretically Mr.
Freeman could defend that, for example, on the grounds that the building is repairable.
However, there is a recording of the Hearing in which Mr. Freeman acknowledged that the
building was beyond repair. Attorney Folmer thought the Board would be successful in winning
such argument.
Councilman Testa questioned whether the 10 day notice was a law. Attorney Folmer
stated it was in the Town's Ordinance.
RESOLUTION 4122 ADOPT ORDER FOR THE DEMOLITION OF PROPERTY
OWNED BY 840 ROUTE 13 PARTNERS, LLC LOCATED AT
840 ROUTE 13 IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman Proud Aye
Councilman Leach Aye
ADOPTED
WHEREAS, the Code Enforcement Officer of the Town of Cortlandville having filed a report
with the Town Board dated March 26, 2012, in which it was reported that, in the opinion of the
Code Enforcement Officer, that the above referenced premises constituted an unsafe building as
defined in the Unsafe Building Ordinance of the Town, and detailed the basis for his opinion;
and
WHEREAS, upon receipt of said report, the Board scheduled a hearing for the purpose of
making the determinations required by the said Ordinance for May 16, 2012 at 5:00 p.m.; and
WHEREAS, notice of such hearing was duly served, as required by the Ordinance, upon Route
13 Partners, LLC of 152 West 761h Street, Suite 513, New York, New York 10023 said party
being the owner of the subject premises as determined by the Assessor of the Town of
Cortlandville; and
WHEREAS, at the time and place of such hearing there were present, all members of the Town
Board, the Code Enforcement Officer, the Town Attorney and Town Clerk as well as Russell
Freeman, representing himself as one of the Owners and was authorized to act as its agent,
together with several members of the public and media; and
WHEREAS, the Code Enforcement Officer, Tom Williams, was examined, under oath, as to the
matters contained in the report hereinbefore referred to and several photographs were submitted
in evidence in support of such testimony; the Agent of the Owner of the subject premises was
afforded the opportunity to question said witness and declined to do so. At the conclusion of the
testimony of the Code Enforcement Officer, the owner's Agent was afforded the opportunity to
offer conflicting testimony or evidence, but declined to do so; and
WHEREAS, the hearing was thereupon declared closed by the Town Supervisor and a vote taken
with the result that the Town Board unanimously voted to adopt the findings contained in the
original report of March 26, 2012, and directed the Town Attorney to prepare an Order requiring
the demolition of the subject premises as required by said ordinance and in accordance with the
provisions therof;
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JULY 11, 2012 TOWN BOARD MEETING PAGE 10
NOW, THEFORE, it is ORDERED that the premises located at 840 Route 13, Cortland, New
York (Tax Map #95.20-02-07.000) be demolished by the Owner within 10 days of service upon
said Owner and its agent Russell Freeman by registered mail and by electronic transmission, and
that upon the failure of the Owner to comply with this Order, the Town Attorney and the Town
Code Enforcement Officer take such steps as are necessary and appropriate to accomplish the
provisions of this Order and to add the cost of such demolition to the real estate tax levy against
said premises, together with any other costs associated with such demolition and authorized by
the Unsafe Buildings Ordinance, including but not limited to a 50% of cost charge for
administrative and oversight costs.
There was a brief discussion regarding the authorization to file an application for funds to
the New York State Department of State for Local Waterfront Revitalization Program for the
Central New York York Living History Museum Project. Supervisor Tupper mentioned that it
would be a matching grant, in which the Museum would take care of the matching funds except
for the cost of Thoma Development Consultants to file the application.
RESOLUTION #123 AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS
TO THE NEW YORK STATE DEPARTMENT OF STATE FOR
LOCAL WATERFRONT REVITALIZATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and
directed to file an application for funds from the New York State Department of State for Local
Waterfront Revitalization Program Environmental Protection Funds in an amount not to exceed
1250,100, and it is further
RESOLVED, upon approval of said request the Supervisor is hereby authorized and directed to
enter into and execute a project agreement with the State for such financial assistance to the
Town of Cortlandville for the Central New York Living History Museum Project.
Councilman Rocco asked Attorney Folmer for an update regarding the SEQR and what
the County Legislature has done so far relative to the wind turbines. He also questioned what
impact the County's SEQR has on the Town and whether or not the Town would be able to
conduct its own SEQR.
Attorney Folmer stated that from what he understood, the County Legislature declared
itself the lead agency in regards to SEQR. The Town Board authorized or agreed that the County
would do that by resolution in January or February. A Positive Declaration was issued by the
County Legislature. In the agenda packet, the Board had a copy of the Draft Scoping Document,
dated July 5, 2012 from the Clerk of the Legislature. According to an article from the Cortland
Standard the Chairman of the County Legislature properly indicated that although the County
may do a SEQR of their own, the final approval of the projects will be accomplished by reason
of the individual municipalities with their own local zoning requirements. In connection with
zoning, if the Town is going to grant a special permit or a conditional permit, the Town is
required to conduct its own SEQR.
Councilman Rocco questioned whether the applicant would challenge the Town
conducting its own SEQR, saying that it was already done. Attorney Folmer did not want to
speculate what would happen in the future. Attorney Folmer stated that the Board should take
the position that under the Town's zoning ordinance, whatever the County does they have not
necessarily considered the Town's zoning ordinance and questions the Town raises with regard
to present and future ordinances, and that the Town needs to do a SEQR relating to its own
enactments.
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JULY 11, 2012 TOWN BOARD MEETING PAGE 11
There was discussion regarding adoption of a standard work day for Town employees.
Town Clerk Snyder explained that the State Comptroller's Office has given a "new hat" to all
town clerks with regard to reporting days worked to the New York State and Local Employees'
Retirement System. Similar to the resolutions the Board adopted for the elected and appointed
officials, she explained that they must adopt a standard work day resolution for employees. The
form RS 2418, which establishes the standard work day, must be filled out and sent to the
Comptroller's Office once unless the Town creates new titles in the future. Town Clerk Snyder
indicated that the standard work day for each title was not different than what the employees
currently do.
RESOLUTION #124 ESTABLISH THE STANDARD WORK DAY FOR
EMPLOYEES OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the standard workday Town
employees for the purpose of determining days worked reportable to the New York State and
Local Employee's Retirement System, as follows:
Court Clerk — 7 hour day
Deputy Town Clerk — 7 hour day
Clerk — 7 hour day
Bookkeeper to Supervisor — 7 hour day
Aid to the Town Supervisor — 7 hour day
Code Enforcement Officer — 7 hour day
Assistant to Code Enforcement Officer — 7 hour day
Water Treatment Plant Operator — 8 hour day
Laborers (Highway Department) — 8 hour day
And it is further RESOLVED, this resolution shall be effective immediately.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from the New York State Homes & Community Renewal, dated June 25, 2012,
requesting Project Status Reports for the following New York State Community Development
Block Grants: Town -Wide Housing Rehabilitation, Pall Corp., and Pyrotek. All voting aye, the
motion was carried.
RESOLUTION #125 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR THE ECONOMIC DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION FOR PRECISION EFORMING, LLC
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Grant Writing Agreement between the Town of Cortlandville and Thoma Development
Consultants for the 2012 Economic Development Community Development Block Grant
(CDBG) application for Precision Eforming, LLC, for the total cost of $3,000.00.
JULY 11, 2012
TOWN BOARD MEETING
PAGE 12
97
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RESOLUTION #126
AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS
TO THE NEW YORK STATE OFFICE OF COMMUNITY
RENEWAL
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and
directed to file an application for funds from the New York State Office for Community Renewal
through its Community Development Block Grant Program 2012, and it is further
RESOLVED, upon approval of said request, the Supervisor of the Town of Cortlandville is
hereby authorized and directed to enter into and execute a project agreement with the State for
such financial assistance to the Town of Cortlandville for a Small Business grant.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from the Cortland County Board of Elections, dated June 27, 2012, regarding the
Primary and General Election dates and times to use Town of Cortlandville Municipal Water &
Sewer Garage. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from the New York State Department of Transportation, dated June 27, 2012,
regarding the Town's request to reduce the speed limit on East River Road in the Town of
Cortlandville. All voting aye, the motion was carried.
RESOLUTION #127 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY CAZENOVIA EQUIPMENT CO. INC. FOR
PROPERTY LOCATED AT 3885 ROUTE 11 TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Cazenovia
Equipment Co. Inc. for property located at 3885 Route 11, tax map #87.00-04-03.000, shall be
forwarded to the Town and County Planning Boards for review and recommendations.
There was discussion regarding the authorization to refund Great Lakes Restaurants, LLC
(KFC) due to an error in the April 2012, 1 sc Quarter water & sewer billing. Supervisor Tupper
explained that Water & Sewer Sup't. Alteri spent a significant amount of time looking into the
matter and initially believed the readings were correct because the restaurant had a new meter.
However, it was determined that the account was overcharged due a programming error with
their meter. Town Clerk Snyder indicated that the water and sewer bill was paid, therefore a
refund in the amount of $1,583.95 for water and $2,106.43 for sewer would be warranted.
RESOLUTION #128 AUTHORIZE SUPERVISOR TO ISSUE A REFUND TO
GREAT LAKES RESTAURANTS, LLC (KFC) IN THE
AMOUNT OF $3,690.38 DUE TO A PROGRAMMING
ERROR WITH THEIR WATER METER
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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JULY 11, 2012 TOWN BOARD MEETING PAGE 13
WHEREAS, after an investigation regarding the 1st Quarter water & sewer billing for property
located at 3890 Route 281, operated by Great Lakes Restaurants, LLC (KFC), Account #1681,
Water & Sewer Sup't. Alteri determined that the account was overcharged due to a programming
error with their water meter, which has since been corrected, and
WHEREAS, Great Lakes Restaurants, LLC paid its 1st Quarter water & sewer bill in the amount
of $4,395.65, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a
refund to Great Lakes Restaurants, LLC, for $1,583.95 for water charges, and $2,106.43 for
sewer charges, for a total refund of $3,690.38.
With regard to the correspondence from the NYS Homes & Community Renewal,
Supervisor Tupper apprised the Board the Town has $10,000+ of unexpended HOME Program
funds. However, according to Bernie Thoma of Thoma Development Consultants there is one
more project to be completed. The remaining funds would be expended before the September
30, 2012 completion date.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from the New York State Homes & Community Renewal, dated July 3, 2012,
regarding the Grant Agreement 90-Day Completion Notice for the Senior Housing Rehabilitation
(HOME) Program. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from the Cortland County Legislature dated July 5, 2012, and the Draft Scoping
Document dated June 14, 2012, regarding the proposed Crown City Wind Farm Project. All
voting aye, the motion was carried.
Councilman Rocco questioned where the scoping documents would be available for
public review. Attorney Folmer pointed out that the draft scoping document was in the Board's
agenda packet. The documents were available for public review at the Town Clerk's Office in
Cortlandville, Homer, Solon and Truxton, as well as at the Cortland County Office Building and
online on the County's website.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Planning & Zoning Officer, Bruce Weber, dated July 9, 2012, regarding
compliance with Site Plan Application of Charlotte Hawkins, 4077 Route 281. All voting aye,
the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Planning & Zoning Officer, Bruce Weber, dated July 9, 2012, regarding
compliance with Site Plan Application of John Barden (Fastlane Auto), 1799 Route 13. All
voting aye, the motion was carried.
Attorney Folmer apprised the Board that the correspondence was for information only.
Both Dr. Hawkins and Mr. Barden property would be attending the Cortlandville Planning Board
Meeting scheduled for July 31, 2012 to discuss the concerns.
Supervisor Tupper stated that the Town learned there was a Pig Roast party planned for
July 21, 2012 on property located on Route 215 in the Town of Cortlandville. A "Facebook"
internet invitation was found in which 752 people were invited to the event. Residents on
Lansing Avenue in the City of Cortland approached the Town and asked what the Board planned
to do about it.
Attorney Folmer stated he would discuss the matter with CEO Williams. It was his
understanding that there was a charge for the party, which may raise an issue with the County
Health Department if they are charging for food. Attorney Folmer and CEO Williams would
look into the matter.
JULY 11, 2012 TOWN BOARD MEETING PAGE 14
Councilman Leach acknowledged the newly crowned Cortland County Fair Queen and
her 1" and 2nd Alternates who were in attendance. Jackie Harnett invited the Board to the
Agriculture Tent for punch and cookies after the meeting.
Councilman Proud commented that there were stakes in the ground for a "proposed
power line" along Route 222 past Sterling Park. He questioned what the power line was for.
Highway Sup't. Bush explained that the stakes were labeled for a future power line, and when
they do that there were also plans for more street lights. Highway Sup't. Bush did not think the
power line was planned until next year.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:05 p.m.
Respe tfully 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 July 27, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of August 1, 2012.
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