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HomeMy WebLinkAbout11-03-2004NOVEMBER 03, 2004 7:00 P.M. PUBLIC HEARING NO. 1 2005 PRELIMINARY BUDGET A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the 2005 Preliminary Budget. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney Russell Ruthig; Bill "Pauldine; Cortlandville Residents: Theresa Quail, Sandra Johnson, and Susan Crane; and News Reporter, Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed. Supervisor Thorpe commented that the Tentative Budget for 2005 set a Town tax rate of $4.97, a Village tax rate of $2.71, and a Fire tax rate of $1.67, which meant that the Town tax rate increased $0.21 from the 2004 tax year. The Town consulted Andrew Damiano, Director of Administration and Finance for the City of Cortland, who advised the Town to redistribute some of the expenditures. As a result, the Town tax rate under the Preliminary Budget for 2005 is $4.65, which is $0.11 lower than the 2004 tax rate, while the Village tax rate is $2.60, which is also $0.11 lower than,the 2004 tax rate. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell commented that the budget workshops were also successful in reducing the budget. Supervisor Thorpe informed those in attendance that the Town had a budget of almost $8 million. He reminded those in attendance that the reason the tax rate increased so much for 2004 was due to a sales tax problem, which did not arise this year. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:03 p.m. 1 NOVEMBER 03, 2004 7:03 P.M. 1 1 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: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney Russell Ruthig; Bill Pauldine; Theresa Quail; Sandra Johnson; Susan Crane; and News Reporter, Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of August 18, 2004 as written. All voting aye, the motion was carried. RESOLUTION 9176 AUTHORIZE PAYMENT OF VOUCHERS —NOVEMBER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #567 - 585 $ 12,810.68 General Fund B B 107 - B 112 $ 6,427.14 Highway Fund DB D391 - D405 $ 51,816.30 Water Fund W223 - W226 $ 623.77 Sewer Fund S89 - S93 $ 782.62 Supervisor Thorpe offered privilege of the floor to those in attendance. Bill Pauldine from Testa-Calco Real Estate questioned what the status of the Zoning Text Amendment was. Attorney Folmer requested Mr. Pauldine wait until later in the meeting when he would discuss the subject with the Board. Theresa Quail, of 25 Lansing Avenue in the City of Cortland, questioned what the status of the Noise Ordinance was. Attorney Folmer presented Town Clerk Snyder with a draft of a Noise Ordinance, which was not for publication, nor was to be filed. He requested she include a copy of the draft with the package of materials to be submitted to the Board prior to the next meeting. If Attorney Folmer received comments from the Board prior to the November 17, 2004 meeting he would make changes to the draft, submit it in final form, and file it with the Town Clerk. Mrs. Quail questioned when a public hearing could be held regarding the Noise Ordinance, and questioned how the public would be notified that a hearing was scheduled. Attorney Folmer stated a public hearing might not be scheduled until the new year because the Zoning Text Amendment took precedence over the Noise Ordinance. The Noise Ordinance would most likely be ready for filing and review at the next meeting. A notice of public hearing would be published in the local newspaper. He also stated that Town Clerk Snyder could be contacted. The monthly reports of the Supervisor and the Town Clerk for the month of October 2004 are on the table for review and filed in the Town Clerk's office. NOVEMBER 03, 2004 TOWN BOARD MEETING PAGE 2 Town Clerk Snyder reported that the Town would have the final election results regarding Local Law No. 1 of 2004, Games of Chance, after November 8, 2004, which is when the Board of Elections would open the remaining 292 absentee ballots. Without counting the absentee ballots, the results were 1404 votes in favor of Games of Chance, to 1376 votes opposed. The margin was too close to determine the final result. If the Local Law is defeated it will not be filed with the Department of State. Attorney Folmer reported: Community Development Block Grant for Essex Structural Steel Co. Inc.: Attorney Folmer apprised the Board he was in receipt of the Small Cities Community Development Block Grant Agreement for Essex Structural Steel Co. Inc. He requested the Board authorize the Supervisor to execute the agreement. RESOLUTION #177 ACCEPT NEW YORK STATE COMMUNITY DEVELOPMENT BLOCK GRANT AND ENTER INTO A PROJECT AGREEMENT WITH THE STATE FOR FINANCIAL ASSISTANCE TO THE TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #131 of 2004 the Town of Cortlandville filed an application for funds from the NYS Governor's Office for Small Cities under the U.S. Department of Housing and Urban Development's Community Development Block Grant Small Cities Program for Economic Development Assistance, in an amount not to exceed $313,000, and WHEREAS, said application was approved by the NYS Governor's Office for Small Cities, therefore BE IT RESOLVED, the Town Board does hereby accept the New York State Community Development Block Grant in an amount not to exceed $313,000, and it is further RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the project agreement with the State for such financial assistance to the Town. Zoning Text Amendment: Attorney Folmer apprised the Board he planned to meet with James Trasher of Clough, Harbour & Associates to complete a final version of the Zoning Text Amendment. Before doing so, he requested some input from the Board regarding five different parcels: 1) The Planning Board recommended the parcels located on NYS Route 13 South, where the former Smith Corona Building and the J.M. Murray Center are located, be converted to I-2 so that it mixes the uses and allows the parcels remain as they are. The Town Board agreed with the Planning Board's recommendation. 2) Property owner Pat Casey requested the parcel north of the old Newton Line Co. on Route 11 be rezoned to B 1 or B2. Although it may not be a practical classification for the property, Attorney Folmer stated there was no objection to the change. The Town Board agreed the classification be changed to B 1 or B2. 3) On the east side of NYS Route 281, across from Country Inn & Suites, property owners requested the Board change their zoning classification to B-2. The Town Board did not object to the change and agreed the change would benefit the neighborhood. 1 NOVEMBER 03, 2004 TOWN BOARD MEETING PAGE 3 4) Attorney Folmer apprised the Board there is a very small piece of landlocked land located behind Pall Trinity. The parcel is zoned differently than the rest of Pall Trinity. The Board agreed the landlocked parcel should be changed to be consistent. 5) The last item to be discussed, was the polo field on the east side of Route 13. The Planning Board recommended the parcel be rezoned to B-3. The Town Board did not have an objection to the zone change. Attorney Folmer apprised the Board there is a distinct difference between the discussions that must be held on the Zoning Ordinance than the discussions for the Wal-Mart proposal. The Zoning Ordinance merely creates the classification of the land, not the business practices of Wal- Mart. Attorney Folmer hoped they would be able to exercise control with the public when it came time for a public hearing because the issue is land use and the provisions of a zoning ordinance. It is important to stick to the issue of zoning during the public hearing because if and when the Board takes a position either for or against an Aquifer Protection Permit, the Board can expect they will be litigated. The purpose of the public hearing would be to create a record that sticks to the point and supports the decision the Board will eventually make. Attorney Folmer stated there has been a lot of discussion regarding lot coverage in various zones. The Planning Board has determined lot coverage percentages, but there have been problems with definitions with regard to permeable surface and impermeable surface. He questioned whether the Board would like him to include in the ordinance a method by which the Planning Board could grant a waiver of the lot coverage requirements based upon criteria that would be set forth in the ordinance. Granting a waiver would be one way to deal with smaller parcels. Attorney Folmer requested the Board's permission to work out a method by which the waivers could be accomplished. Councilman Rocco questioned whether the Town Board would have the ultimate say after a waiver being suggested by the Planning Board. Attorney Folmer stated the waivers should be conditioned upon the granting of any other permit that might be required, including but not limited to an Aquifer Protection Permit. Councilman Testa stated it seemed unrealistic to require a 2-acre parcel to follow the same lot coverage requirements that a 20-acre parcel would follow. He questioned whether the Board should increase the lot coverage to 60-70% rather than to go through another step. Attorney Folmer stated the waiver could be done as part of the site review process. One of the things the Planning Board would approve or not would be the waiver for restrictions on lot coverage. Supervisor Thorpe stated they needed to look at the issue in terms of aquifer protection rather than from the point of view of a developer. Attorney Russell Ruthig, representing Wal-Mart, suggested the Board have an ordinance in place that would answer all of the questions. When an applicant comes to the Board with a proposed plan for development, one of the criteria the developer will have to satisfy is the Town's aquifer protection criteria. The lot coverage in an aquifer protection analysis is going to be something that will always be subject to review. He questioned why lot coverage percentages were being discussed at all. The percentage ought to be the coverage that satisfies the needs of the Town as measured by the Aquifer Protection Ordinance. According to Supervisor Thorpe, percentages were discussed to give developers some idea as to what the Town requires and what the Town would like. Attorney Ruthig stated the 55-65% lot coverage was "plucked out of the air" without any scientific basis. He suggested the way to determine lot coverage was to base it on the engineering that the developer is able to produce stating that the aquifer protection components have been met. Supervisor Thorpe stated they had different opinions. Councilman Rocco stated you can't use half of the property to construct a building and use the other half for green space. If green space has to be fifty percent of the entire parcel, parking would -have to take away from the size of the building as well. Attorney Folmer stated that Attorney Ruthig's point was well taken. The question that needs to be answered is, does the Town need to have a standard other than what already exists? The Board has to be careful not to set a standard that would make it impossible for people to use land they already own. Attorney Folmer stated he would submit the Zoning Text Amendment to the County Planning Board for review after meeting with James Trasher of Clough, Harbour & Associates. i-�z NOVEMBER 03, 2004 TOWN BOARD MEETING PAGE 4 Deposit to First National Bank of Dryden: Attorney Folmer stated a deposit was made to the First National Bank of Dryden for the Starr Road Park & Recreation. Center. He requested the paperwork be signed at the end of the meeting. RESOLUTION #178 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY STEPHEN JORDAN TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Stephen Jordan for property located on NYS Route 13, tax map 4105.00-01-30.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #179 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUBURBAN ENERGY SERVICES TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suburban Energy Services for property located at US Route ll/NYS Route 41, tax map #87.04-01-17.000 and #87.04-01-18.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #180 APPROVE REQUEST OF COMMONWEALTH ELECTRICAL INSPECTION SERVICE, INC. TO CONDUCT ELECTRICAL INSPECTIONS WITHIN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Tim Thomas, Manager of Commonwealth Electrical Inspection Service, Inc., 1355 Mendon-Pittsford Road, Mendon, New York, for approval to conduct electrical inspections within the Town of Cortlandville, and WHEREAS, such application included the agency resume, insurance coverage, work rules, fee schedule, and a list of the local inspectors with their qualifications, and has been reviewed by the Town Board, therefore BE IT RESOLVED, the application submitted by Tim Thomas for Commonwealth Electrical Inspection Service, Inc. is hereby approved to conduct electrical inspections within the Town of Cortlandville. 1 NOVEMBER 03, 2004 TOWN BOARD MEETING PAGE 5 1-73 RESOLUTION #181 RECEIVE LISTING OF WATER AND SEWER AGED ACCOUNTS FOR THE YEAR OF 2004 Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the listing of water and sewer unpaid aging accounts for the year of 2004 shall hereby be received and filed, as required. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:30 p.m. C 1 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville