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HomeMy WebLinkAbout06-16-2010JUNE 16, 2010 PUBLIC HEARING NO. 1 5:00 P.M. •� • AQUIFER PROTECTION PERMIT MORRIS ROSEN US ROUTE 11/ROUTE 41 TAX MAP #76.19-01-19.000 & 76.19-01-43.000 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 the construction of a docking area for trucks and a gravel parking area including an area for the staging of containers, for property owned by Morris Rosen, located on the east side of US Route 11/NYS Route 41, approximately 100 ft. south of Fisher Avenue, tax map #76.19-01-19.000 and #76.19-01-43.000. 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; Highway Sup't. Carl Bush; Deputy Town Clerk, Kristin Rocco-Petrella; Morris Rosen; News Reporters: Holden Slattery from the Cortland Standard, 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 those in attendance. Attorney Folmer mentioned that the Town Zoning Board of Appeals granted a Variance for the expansion.of the recycling facility, but denied the Variance for the sign, which should be placed on the building. The Town Planning Board approved the Conditional permit for the facility subject to conditions set by the Cortland County Planning Board, and recommended the Town Board act as lead agency and approve the Aquifer Permit. No further comments or discussion were heard. The Public Hearing was closed at 5:05 p.m. 1 JUNE 16, 2010 5:05 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, Ronal L. Rocco (arrived at 5:10 P.M.) 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; Deputy Town Clerk, Kristin Rocco-Petrella; Morris Rosen; News Reporters: Holden Slattery from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to accept the Town Board Minutes of March 3, 2010 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to accept the Town Board Minutes of March 17, 2010 as written. All voting aye, the motion was carried. The Draft Town Board Minutes of June 2, 2010 were presented to the Board for their review. RESOLUTION #102 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1111 & #1112 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 Purchase Order #1111 submitted by Highway Sup't. Bush from Beck Equipment to repair/rebuild a 1984 I-R Roller for the cost of $33,363.00; and Purchase Order 41112 from Crossroads Supply, submitted by Highway Sup't. Bush to purchase catch basin frame and grates (24" x 24" opening) for the cost of $5,261.66. RESOLUTION #103 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #328 - 360 $106,876.51 General Fund B B62 - B69 $ 18,194.92 Highway Fund DB D203 - D241 $112,613.54 Special Grants C25 - C27 $ 6,805.71 Water Fund W125 - W139 $ 8,846.31 Sewer Fund S69 - S71 $ 3,699.75 Capital Project H73 - H85 $ 6,216.41 On behalf of the Board, Supervisor Tupper congratulated Deputy Town Clerk, Kristin Rocco-Petrella for being awarded the Registered Municipal Clerk title in April 2010. He noted that Town Clerk Snyder was the first person to receive the title in Cortland County; Kristin was now the second. Supervisor Tupper presented her with a letter acknowledging the achievement, a copy of which would be added to her personnel file. 1 1 91. JUNE 16, 2010 TOWN BOARD MEETING PAGE 2 Kristin Rocco-Petrella thanked the Board for their support and for the support of Town Clerk Snyder. The monthly reports of the Tax Collector, Water & Sewer Department, and Town Justice for the month of May 2010 were on the table for review and are filed in the Town Clerk's Office. Councilman Rocco arrived at 5:10 p.m. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortland County Area Agency on Aging 2009 Annual Report. All voting aye, the motion was carried. RESOLUTION #104 ACCEPT 2010 TAX COLLECTOR'S SUMMARY Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2010 Tax Collector's Summary is hereby accepted and shall be received and filed. Town Clerk/Tax Collector Snyder reported on tax collection for 2010. She explained that 91 % of taxes were collected by the Town by June 4, 2010, and noted that the amount of the warrant increased over $1 million from the year 2009. She pointed out that the interest earned was not significant, which was an indication of the economy. Under communications, Supervisor Tupper informed the Board that CEO Williams received notification from Lowe's that it contracted with an architectural firm to move forward with the permit process for the construction of a store at the current location of Wal-Mart on Route 13. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Morris Rosen for property located on US Route I I/NYS Route 41. RESOLUTION #105 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2010 SUBMITTED BY MORRIS ROSEN FOR PROPERTY LOCATED ON US ROUTE 1 l/ NYS ROUTE 41 Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Morris Rosen to permit the construction of a docking area for trucks and a gravel parking area including an area for the staging of containers, for property located on the east side of US Route I I/NYS Route 41, approximately 100 ft. south of Fisher Avenue, tax map 476.19-01-19.000 and #76.19-01-43.000, 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 Morris Rosen, Aquifer Protection Permit #1 of 2010, shall have no significant environmental impact. 92. JUNE 16, 2010 TOWN BOARD MEETING PAGE 3 RESOLUTION #106 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2 Motion by Councilman Testa 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 2010, submitted by Morris Rosen. RESOLUTION 4107 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2010 SUBMITTED BY MORRIS ROSEN FOR PROPERTY LOCATED ON US ROUTE I I/NYS ROUTE 41 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, the Town of Cortlandville Zoning Board of Appeals granted a variance for said property at their meeting of May 25, 2010 as the applicant demonstrated an appropriate hardship for said property, 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 2010, submitted by Morris Rosen, permitting the construction of a docking area for trucks and a gravel parking area including an area for the staging of containers, for property located on the east side of US Route 11/NYS Route 41, approximately 100 ft. south of Fisher Avenue, tax map #76.19- 01-19.000 and #76.19-01-43.000, subject to the following conditions from the Town and County Planning Boards: The containers only being allowed to be stored on site empty so as to not become permanent storage for the recycling facility. 2. The 8,839 +/- sq. ft. property being consolidated by deed with the adjoining recycling facility property as the two properties are to be used in conjunction with one another and to provide direct road access to the 8,839+/- sq. ft. property. 3. That the proposed sign be located either attached to the building or setback at least 15 ft. from all property lines to meet the Town's requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #108 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO.2 OF 2010 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 1 1 1 ■ JUNE 16, 2010 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 2 of 2010 — Imposing a Moratorium on Placement of Commercial Wind Farm Facilities, to be effective June 1, 2010. Attorney Folmer reported: Proposed Meeting with Bennie Road Property Owners: Attorney Folmer apprised the Board he drafted a letter concerning changes to the Bennie Road area. He suggested the draft letter be mailed to Bennie Road property owners to discuss concerns and changes regarding the closing of Bennie Road at its intersection with NYS Route 13, signage, and etcetera. The Board agreed that sending the letter to property owners was a good idea and approved Attorney Folmer's letter for mailing. Supervisor Tupper and Attorney Folmer would work on mailing the letter to the appropriate property owners. Councilman Rocco apprised the Board he spoke with Jack Williams, Chairman of the County Legislature and one of the four members of the advisory committee, concerning wind turbines. He asked both Chairman Williams and Legislator Kathie Arnold to provide him with a copy of the signed Attorney General's Ethics Statement that TCI said they would sign. According to Councilman Rocco, TCI was continuing to purchase noise abatements and leases in Cortland County. Councilman Rocco also offered copies of a book to the Board regarding the health effects of wind turbines. There was discussion regarding the Governmental Accounting Standard No. 45 (GASB), Accounting and Financial Reporting by Employers for Post -employment Benefits Other Than Pensions. Supervisor Tupper explained that GASB 45 is a liability that private business has to fund, but government entities do not. The Town does have an obligation to calculate what the actual cost should be for its post -employment benefits program; the report must be completed and attached to the Town's Annual Report. Councilman Rocco stated it was his understanding that the Town would have to comply with putting money away within five years. Supervisor Tupper stated that at this level governments have not been forced to do so. Businesses are forced to put the post -employment benefits on their balance sheet and to fund it. In order for the Town to fund the program, the annual payment would be about $250,000 for 30 years. Councilman Rocco felt it was prudent for the Board to discuss whether or not the Town should start putting money away. Supervisor Tupper stated that another reserve account would be set up if the Board chose to do so. He explained that if the Town were to dissolve, which he did not anticipate happening, there would have to be enough money to pay the benefits for all employees. Before the law was passed, businesses would declare bankruptcy and all promises made for retirement and health insurance would be lost. RESOLUTION #109 ACKNOWLEDGE GASB 45 OTHER POST -EMPLOYMENT BENEFITS ACTUARIAL VALUATION FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 FOR THE TOWN OF CORTLANDVILLE AS PREPARED BY ARMORY ASSOCIATES. LLC Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Governmental Accounting Standard No. 45 (GASB) Other Post - employment Benefits Actuarial Valuation for the fiscal year ending December 31, 2009 for the Town of Cortlandville, as prepared by Armory Associates, LLC, dated May 28, 2010, is hereby acknowledged and shall be received and filed. 9y JUNE 16, 2010 TOWN BOARD MEETING PAGE 5 There was discussion regarding correspondence from Menter, Rudin, & Trivelpiece, P.C. concerning the Cortland Commerce Center, LLC project for 839 Route 13. Supervisor Tupper explained that the agreement for real property tax exemption was negotiated by the Cortland County IDA. The Town does not have a voice in the matter. According to Supervisor Tupper, Assessor Briggs reviewed the document to make sure the language was correct Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Menter, Rudin, & Trivelpiece, P.C., dated June 2, 1010, regarding the Industrial Development Agencies application for Real Property Tax Exempt for the Cortland Commerce Center, LLC project, located at 839 NYS Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. There was discussion regarding the Polkville Waterline Extension Project. Supervisor Tupper explained that correspondence received from both the NYS Office of Parks Recreation and Historic Preservation, and the NYS DEC completed the Town's application for the Polkville Waterline Extension Project. Councilman Proud questioned whether the Board could use the same approvals for the project in the future when funding becomes available. If the Town receives approval from the NYS DEC for installation of the waterline, but does not immediately proceed with the project, would the Town have to resubmit all its information for approvals again? Supervisor Tupper indicated that there has been discussion regarding whether they could "box up all the engineering and all of the work that we've done, and then open the box when the money comes in." He feared that a lot of the SEQR and environmental documents would have to be re -done if it took a year for the Town to receive funding. Attorney Folmer stated it was his understanding that Clough Harbour made changes to the application to the DEC and resubmitted those changes. He would double-check with Clough Harbour to make sure the documents were resubmitted. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the NYS Office of Parks Recreation and Historic Preservation to Thoma Development Consultants dated June 2, 2010, regarding the Polkville Waterline Extension Project and their recommendation that the "project will have no effect on historic properties listed or eligible for listing on the National Register of Historic Places." All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the "Notice of Receipt of Resubmission" from the NYS Department of Environmental Conservation dated June 3, 2010, regarding the Polkville Waterline Extension Project. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Supervisor Tupper to James Trasher, Clough Harbour & Associates LLP, dated June 10, 2010, regarding the Town's election to suspend work on the Polkville Waterline Extension Project for 90 days to seek alternative funding sources. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Time Warner Cable, dated June 1, 2010, regarding programming services. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from the NYS Board of Real Property Services, dated June 7, 2010, regarding the Tentative 2010 Equalization Rate of 100.00 for the Town of Cortlandville. All voting aye, the motion was carried. 95 JUNE 16, 2010 TOWN BOARD MEETING PAGE 6 Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Cortland County Department of Fire and Emergency Management, on behalf of the Cortland County Regional Training Center, dated June 4, 2010, thanking the Town for donating a copier to the Cortlandville Fire District. All voting aye, the motion was carried. There was discussion regarding the request made by Cortland Youth Bureau for financial assistance to accomplish repairs to the Wickwire Pool located in the City of Cortland. Supervisor Tupper apprised the Board he had a meeting with the former Mayor of Cortland and the Youth Bureau Director. The City reached a conclusion to not open Wickwire Pool this year unless it was able to come up with the funding needed to make repairs to the pool. The quotes for the labor and material to make the repairs would cost $14,400 this year and will be a one-time expense. Supervisor Tupper requested the Youth Bureau provide him with information regarding the number of Cortlandville children who utilize the pool, which they determined was 21 %. The repairs will keep the pool working for a few years, which will give the City time to look for further funding. Supervisor Tupper apprised the Board the Town would pay the total cost of $14,400 as a one-time expense to help the City. The Town's contract with the Youth Bureau would increase by $14,400 this year only. A budget transfer was added to the end of the agenda to accomplish this. Councilman Rocco commented on the Ted Testa Park and the fact that the park is used by all people; not just Cortlandville residents. The Town does not have fees for its services. Supervisor Tupper felt the Board should be proud of what it is does for recreation, and mentioned the contracts the Town has with the Village of Homer and Village of McGraw for recreation. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland Youth Bureau, dated June 8, 2010, requesting financial assistance for repairs to Wickwire Pool located in the City of Cortland. All voting aye, the motion was carried. There was discussion regarding applications submitted by Adhan Piping Company, Inc. for property located on Route 13 in the Town of Cortlandville. Attorney Folmer explained the pending applications for Adhan Piping, which included a Use Variance for use of the property for mining; a Conditional Permit application; and an Aquifer Protection Permit application. The Zoning Board of Appeals must first approve the Use Variance for the property in order for the other permit applications to be considered. Riehlman Shafer & Shafer submitted correspondence to the Board requesting they act as lead agency. Attorney Folmer advised the Board it was premature for them to act as lead agency for the purposes of SEQR at this time. Therefore, the Board took no action on whether or not they would act as lead agency. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Riehlman Shafer & Shafer, Attorneys at Law, dated June 8, 2010, regarding the applications of Adhan Piping Company, Inc., for property owned by Joanne Clowser, located at 706 NYS Route 13, tax map 4105.00-01-49.110. 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 Department of Transportation, dated June 7, 2010, regarding a Public Outreach Meeting to be held June 29, 2010 at 10:00 a.m. at the Cortland County Office Building, Room 304 regarding proposed program of projects in Cortland County for 2010-2015. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Diana Graser, P.E., New York State Department of Transportation, dated June 10, 2010, acknowledging receipt of the Town's request to lower the speed limit on Bennie Road from Route 13 east a distance of 2,900 feet. All voting aye, the motion was carried. 0 JUNE 16, 2010 TOWN BOARD MEETING 17:TOM RESOLUTION #110 AMEND 2010 BUDGET GENERAL FUND PART TOWN (B) AND AUTHORIZE SUPERVISOR TO TRANSFER $14,400 FROM B7110.00 (TESTA PARK) TO B7310.4 (YOUTH PROGRAMS) FOR THE REPAIR OF THE WICKWIRE POOL IN THE CITY OF CORTLAND Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town Board received a request from the Cortland Youth Bureau for financial assistance with repairs to Wickwire Pool located in the City of Cortland, and WHEREAS, the Town Board agreed to pay the total cost of $14,400 as a one-time expense to help the City accomplish repairs to the pool, which will allow the Youth Bureau to open the recreational facility for the next few years until it can secure funding to conduct a complete renovation of the pool, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $14,400 from B7110.44 (Testa Park) to B7310.4 (Youth Programs) for the Cortland Youth Bureau —Wickwire Pool, and it is further RESOLVED, the 2010 Budget is hereby amended. Supervisor Tupper apprised the Board the Town Highway Department was helping the City of Cortland with projects at Yaman Park and Suggett Park. The Highway Department helped with "brush -hog" work at Yaman Park, and helped replace a bridge at Suggett Park that the City did not have equipment for. Supervisor Tupper felt it was important to recognize the cooperation between the Town and the City. Councilman Rocco mentioned the cooperation of the Cortlandville Fire Department and its recent response time to a fire in the City of Cortland. He was impressed with the Fire Department, which is made up of volunteers. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, 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 draft version of this meeting was submitted to the Town Board for their review on July 7, 2010.