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HomeMy WebLinkAbout09-01-2004SEPTEMBER 01, 2004 7:00 P.M. 137 1 GI A 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. 0 • 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. 139 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. 140 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 W 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 1 1 1