HomeMy WebLinkAbout09-01-2004SEPTEMBER 01, 2004
7:00 P.M.
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TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; and
Planning Board Member, Nick Renzi.
Supervisor Thorpe called the meeting to order.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve the
Town Board Minutes of July 07, 2004 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the
Town Board Minutes of July 21, 2004 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the
Special Town Board Minutes of July 28, 2004 as written. All voting aye, the motion was carried.
RESOLUTION #143 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #425 - 444
$
17,976.48
General Fund B
B86 - B91
$
18,120.10
Highway Fund DB
D307 - D313
$
4,186.42
Water Fund
W173 - W181
$
3,925.08
Sewer Fund
S68 - S70
$
1,151.17
Capital Projects
H40 - H45
$175,805.13
Supervisor Thorpe apprised the Board he read an article in today's issue of The Cortland
Standard regarding Wal-Mart's request for a Planned Unit Development (PUD), which was the
first time he has read about the PUD. Supervisor Thorpe commented it was the most peculiar
PUD he has heard about because Wal-Mart is one building. In 1967, when the Town rewrote its
Zoning Ordinance, Supervisor Thorpe stated he was under the impression that a PUD was an
area which had a number of small shops, professional buildings, dwelling units, and a space for
recreation. According to the article in The Cortland Standard, Wal-Mart is proposing that a big,
single building be tagged as a PUD. Supervisor Thorpe felt if Wal-Mart were allowed under
those circumstances, every other area which has a restriction similar in the Town could be
evaded by a PUD. He felt the Planning Board was wasting its time by entertaining the PUD
application.
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Planning Board Member, Nick Renzi informed the Board that Attorney Neal Madden
representing Wal-Mart and a representative from APD Engineering attended the August 31, 2004
Planning Board meeting and presented two plans. The first plan was for a 203,000 sq. ft.
building for the supercenter and six out -parcels. The second plan had five out -parcels. Also, one
proposal was similar to what the Town Board has already seen, while the second proposal rotated
the building so that the back of the supercenter would be perpendicular to Route 13.
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SEPTEMBER O1, 2004 TOWN BOARD MEETING PAGE 2
The engineering firm for Wal-Mart presented a map to the Planning Board in which they
highlighted in green what they felt was open space. There are two issues regarding the open
space: 1) the concept of the PUD; 2) that 25% of the lot area must be open area. Mr. Renzi
apprised the Board that Wal-Mart's engineering firm included the retention basin as part of the
open area. He explained that 30% of each out -parcel would be mandated to be left green. Wal-
Mart included the end of islands in the parking lot with "little tufts of grass," the area that runs
parallel with Route 13, and the area that separates the development from Walden Place.
Cumulatively, 10-acres is left as open area.
Mr. Renzi apprised the Board he made several comments to Attorney Madden
representing Wal-Mart. He questioned what had changed over the past year and a half in the
application that would make it a PUD. Mr. Renzi explained that a PUD is a mix of activities that
could be residential or commercial rather than a big box with out -parcels. He also explained that
Wal-Mart's definition of open area does not follow the classical definition of open area, which
Mr. Renzi recited, nor does Wal-Mart's definition of a PUD.
Mr. Renzi felt that if the Planning Board turned down the PUD, Wal-Mart would take the
Town to court, and if they did approve it, someone else would take the Town to court. He felt
that applying for a PUD was "wrong", "ludicrous" and a "charade."
Attorney Folmer apprised the Board and Mr. Renzi that he has had conversations with
Attorney Neal Madden and Attorney Russell Ruthig. He felt that Attorney Madden would agree
that Wal-Mart is not a PUD. However, by amending the application to make it a PUD, Wal-Mart
has the ability to discuss the site plan review with the Planning Board without waiting for the
Town Board to enact the zoning ordinance. Attorney Folmer stated that applying for a PUD was
a method by which representatives of Wal-Mart could open up dialogue with the Planning
Board.
Mr. Renzi read the definition of a PUD from the Town Code. He felt that they should put
an end to the application because it would take a lot of time, which was unnecessary.
Attorney Folmer apprised the Board that the Town has a Commercial, Industrial and
Residential PUD, of which each is defined differently.
Supervisor Thorpe felt the application was absurd. He stated he would write a letter to
the Chairman of the Planning Board with his recommendations regarding Wal-Mart's application
for a PUD.
Supervisor Thorpe apprised the Board they were in receipt of the Cortlandville Fire
District Operating Budget for 2005. He commented on the District's ability to purchase vehicles
for the chiefs, as well as its ability to save money to purchase Station #2 in Polkville without any
additional cost to the taxpayers.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file. the Cortlandville Fire District Operating Budget for 2005. All voting aye, the motion was
carried.
The monthly report of the Town Clerk for the month of August 2004 and for the SPCA
for the month of July 2004, are on the table for review and filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board that she and her deputies, Kristin Rocco and
Chavonne LaPlant, attended a BAS User Group training session, which was hosted at Town Hall
in July 2004. She and her deputies received certificates of completion for the BAS NY State
Clerk User group. Town Clerk Snyder commended her deputies for attending the training
session.
Attorney Folmer reported:
Acquisition of Land from Douglas and Nancy Hatch:
Attorney Folmer reminded the Board that at a past meeting (August 4, 2004) they
authorized the acquisition of real property from Mr. and Mrs. Douglas Hatch at the request of
Highway Sup't. Bush. Attorney Folmer was in receipt of the deed and related documents. The
agreement was that the acquisition was not going to cost the Hatch's anything. Therefore, he
requested the Board authorize the expenditure of no more than $2,000.00 to acquire the property.
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SEPTEMBER O1, 2004 TOWN BOARD MEETING PAGE 3
RESOLUTION #144 AUTHORIZE EXPENDITURE OF NO MORE THAN $2,000
FOR THE CONVEYANCE OF PROPERTY FROM DOUGLAS
AND NANCY HATCH
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, per Town Board Meeting of August 4, 2004, the Town Board accepted the
conveyance of a deed from Douglas and Nancy Hatch for property located on Stupke Road, a
portion of tax map #95.15-03-14.000, subject to Town Attorney and Highway Sup't. approval,
and
WHEREAS, the Town Attorney is in receipt of the signed deed and related documents, therefore
BE IT RESOLVED, the Board hereby authorizes the expenditure of no more than $2,000.00 for
the conveyance of property from Mr. and Mrs. Douglas Hatch, which would include fees for the
preparation of documents.
Zoning Text Amendment:
Attorney Folmer apprised the Board that they must schedule and discuss a public
informational meeting with regard to the Zoning Text Amendment. The public informational
meeting would allow discussion between the Town Board, Planning Board,.and James Trasher
and Walt Kalena of Clough, Harbour & Associates. The Board could decide what to do with the
comments received and schedule a Public Hearing for the adoption of the ordinance.
Attorney Folmer suggested the Board review the materials for the Zoning Text
Amendment and the Big Box Regulations. If people want to comment on the Zoning Text
Amendment they should do so regarding a specific item so that a response can be made.
The Board agreed to schedule the public informational meeting regarding the Zoning
Text Amendment for September 22, 2004 at 7:00 p.m. at the Cortlandville Fire Station, and
contingent upon being able to conduct the meeting at the fire station.
RESOLUTION #145 SCHEDULE PUBLIC INFORMATIONAL MEETING FOR THE
PROPOSED ZONING TEXT AMENDMENT FOR
SEPTEMBER 22, 2004 AT 7:00 P.M.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Informational Meeting shall be'scheduled for September 22, 2004
at 7:00 p.m. at the Cortlandville Fire Department located at 999 NYS Route 13, Cortland, NY,
regarding the proposed Zoning Text Amendment.
Planning Board Member Renzi reverted back to the conversation regarding Wal-Mart's
application for a PUD. He apprised the Board he spoke with Cortland County Planning Director,
Dan Dineen regarding the issue. According to Mr. Renzi, Mr. Dineen stated Wal-Mart could not
be a PUD.
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board that although he has not recently visited Emory
Knight's property in regard to the junkyard violation, he was informed by several people that
Progress has been made. Mr. Knight has a scheduled court date for September 7, 2004, which is
close to the date that the Conditional Discharge expires. If Mr. Knight has not completed the
removal of waste from his property he may request more time from the Town, which would
depend on Mr. Knight's progress.
Attorney Folmer requested Councilman O'Donnell visit the site and contact him
regarding Mr. Knight's progress prior to the September 7, 2004 court date.
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SEPTEMBER 01, 2004 TOWN BOARD MEETING PAGE 4
Attorney Folmer requested the Board convene to an Executive Session at the end of the
meeting to discuss the acquisition of real property.
Noise Ordinance:
Attorney Folmer apprised the Board he wrote a draft Noise Ordinance for the Town,
which he would mail to the Board for their review and comments before a final draft is put
together. Attorney Folmer did not file a copy of the draft ordinance with the Town Clerk.
Attorney Folmer informed the Board the draft ordinance was patterned after the City of
Cortland's Noise Ordinance. He felt there should be some consistency between the Town and
the City. He mentioned that there are no restrictions dealing with fireworks due to the fact that
fireworks are controlled by the Department of Labor. However, whether or not fireworks can go
under noise is something that the Town can deal with. In addition, the draft ordinance does not
deal with outdoor fires because the Fire Department is in a better position than the Town to
regulate and control fires. .
Attorney Folmer also contacted Mrs. Theresa Quail and informed her that he was going
to present the Board with a draft ordinance for their review.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from the Office of the State Comptroller regarding Pension Relief
Legislation. All voting aye, the motion was carried.
There was a brief discussion. regarding correspondence from Attorney Robert Shafer of
Riehlman Shafer & Shafer Attorneys at Law, regarding property owned by Marilyn & James
Latta on Fairview Drive. Supervisor Thorpe apprised the Board the Latta's were interested in
selling the 6.7-acre parcel to the Town.
Councilman O'Donnell questioned whether the Latta's would consider donating the
parcel to the Town.
Supervisor Thorpe suggested the Board consider the offer at a later date.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Attorney Robert Shafer of Riehlman Shafer & Shafer Attorneys at
Law, regarding property owned by Marilyn & James Latta on Fairview Drive. All voting aye,
the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Cortland County Legislator Chairman, Scott Steve, regarding the
Office of the County Treasurer. All voting aye, the motion was carried.
RESOLUTION #146 AUTHORIZE SUPERVISOR TO PURCHASE FIXED ASSET.
PROGRAM FROM BUSINESS AUTOMATION SERVICES,
INC. (BAS)
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
purchase the Fixed Assets Program from Business Automation Services, Inc. (BAS) in an
amount not to exceed $5,200.00.
RESOLUTION #147 AMEND 2004 BUDGET AND AUTHORIZE SUPERVISOR TO
TRANSFER $5,200.00 FROM CONTINGENCY Al990.4 TO
INCREASE ACCOUNT A1220.4
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
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SEPTEMBER 01, 2004 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $5,200.00 from
Contingency A1990.4 to increase account A1220.4 to purchase the BAS Fixed Assets Program,
and it is father
RESOLVED, the 2004 Budget is hereby amended.
RESOLUTION #148 AUTHORIZE SUPERVISOR TO TRANSFER $175,571.00
FROM THE SEWER SURPLUS FUND TO THE CAPITAL
PROJECT SEWER FUND FOR THE HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper requested a cash advance be transferred from the Sewer Surplus
Fund to the Capital Project Sewer Fund for the Highland Road Sewer Improvement Project,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $175,571.00
from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded.
Attorney Folmer apprised the Board the Town would be receiving approximately
$760,000 low interest interim financing from the State of New York.
There was a brief discussion regarding the Aquifer Protection Permit application of LDD
Corp. permitting the construction of a one bay car wash at the current gas station and convenient
store, Getty Mart.
Planning Board Member, Nick Renzi apprised the Board the attorney and traffic engineer
for Squeaky Clean Car Wash attended the August 31, 2004 Planning Board meeting. The
attorney and traffic engineer claimed the proposed car wash would present a traffic hazard at the
intersection of Route 281 and Route 222. The Planning Board disagreed with Squeaky Clean's
claim.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Planning Board Resolution #04-32 regarding the Aquifer Protection
Permit application of LDD Corp., for property located at 3948 NYS Route 281, tax map #86.13-
01-49.000. All voting aye, the motion was carried.
RESOLUTION #149 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT SUBMITTED BY LDD CORP. FOR
PROPERTY LOCATED AT 3948 NYS ROUTE 281
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 15, 2004 at 5:00 p.m. for
the Aquifer Protection Permit submitted by LDD Corp. for property located at 3948 NYS Route
281, tax map #86.13-01-49.000.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Pilato, to recess the Regular
Meeting to an Executive Session. All voting aye, the motion was carried.
SEPTEMBER O1, 2004 TOWN BOARD MEETING
PAGE 6
The meeting was recessed at 7:30 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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