HomeMy WebLinkAbout04-06-2005z-70
APRIL 06, 2005
7:00 P.M.
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; James
Trasher of Clough, Harbour & Associates; Planning Board member, Nick Renzi; Sharon Stevens
from Access TV, Channel 2; Attorney Kelly Pronti from Harter, Secrest & Emery, LLP; Robert
Rhodes from CAPE; Richard Schutz from Suit-Kote Corp.; Dr. Arthur and Dr. Patricia Shedd;
and News Reporter Patrick Ruppe from the Cortland Standard;
Supervisor Thorpe called the meeting to order.
RESOLUTION #71 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #170 - 213
$
29,468.11
General Fund B
B37 - B44
$
34,126.59
Highway Fund DA
$
3,130.00
Highway Fund DB
D97 - D 117
$109,328.21
Water Fund
W53 - W64
$
36,315.17
Sewer Fund
S26 - S31
$
40,163.43
Trust & Agency
T3 - T4
$
34,250.71
Capital Projects
H2O - H33
$
2,163.13
Supervisor Thorpe offered privilege of the floor to Robert Rhodes.
Robert Rhodes, representing Citizens for Aquifer Protection and Employment (CAPE)
read aloud a letter written by Ronald Powell, from the CAPE Executive .Committee, which was
submitted to the Board. The correspondence was in regard to the Board acting as Lead Agency
for the Super Wal-Mart Planned Unit Development (PUD) application. CAPE offered 92
suggestions for the Board to consider in its review. In the closing statement of his letter, Mr.
Powell urged the Board to "utilize the scoping process to ensure that all foreseeable
circumstances related to the Wal-Mart PUD are explored."
Monthly reports for the Justice for the month of February 2005, and for the Supervisor,
Town Clerk and Tax Collector for the month of March 2005 were on the table for review and are
filed in the Town Clerk's office.
Town Clerk Karen Q. Snyder apprised the Board she received correspondence from two.
local restaurants, Doug's Fish Fry and Garcia's Mexican Restaurant, stating their intent to renew
their liquor license.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
correspondence from Mark R. Braun regarding his intent to renew the liquor license for Doug's Fish
Fry, property located at 3638 NYS Route 281. All voting aye, the motion was carried.
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APRIL 06, 2005 TOWN BOARD MEETING PAGE 2
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Perfetti Law Offices regarding the intent of Garcia's Mexican
Restaurant to renew their liquor license for property located at 879 Route 13. All voting aye, the
motion was carried.
Town Clerk Snyder apprised the Board the Town received a Notice of Petition, for relief
pursuant to CPLR Article 78, to be received and filed.
RESOLUTION 472 ACKNOWLEDGE RECEIVING NOTICE OF PETITION IN
THE MATTER OF MY RYAN, LLC. VS. THE TOWN OF
CORTLANDVILLE PLANNING BOARD
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition in the matter of MY Ryan, LLC vs. the Town of Cortlandville Planning Board.
Town Clerk Snyder informed the Board she would be attending the Town Clerk's
Conference in Buffalo from April 171h to April 20th, at which point she would be receiving her
Registered Municipal Clerk certification and title. Town Clerk Snyder thanked the Board for
allowing her to attend the conferences for the past 18 years.
Attorney Folmer reported:
Zoning Text Amendment:
Attorney Folmer requested the Board schedule a Public Hearing to discuss the proposed
changes to the Town Zoning Ordinance on Monday, April 25, 2005 at 4:00 p.m., at the Town
Hall.
RESOLUTION #73 SCHEDULE PUBLIC HEARING FOR LOCAL LAW - 2005
ZONING TEXT AMENDMENT
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 25th, 2005 at 4:00 p.m.
regarding Local Law - 2005, Zoning Text Amendment.
Noise Ordinance:
Attorney Folmer requested the Board schedule a public hearing to discuss the proposed
Noise Ordinance for the Town, and presented Town Clerk Snyder with a draft of the proposed
ordinance.
RESOLUTION #74 SCHEDULE PUBLIC HEARING FOR LOCAL LAW - 2005
NOISE ORDINANCE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for May 4th, 2005 at 7:00 p.m. at the
Community Building in the Village of McGraw, for Local Law - 2005, Noise Ordinance.
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APRIL 06, 2005 TOWN BOARD MEETING PAGE 3
Wal-Mart Supercenter PUD Application:
Attorney Folmer apprised the Board a notice was mailed to the involved and interested
agencies about a month ago indicating that the Town Board was willing to and intended to
assume the responsibility of Lead Agency for SEQR purposes. Under the SEQR law, those
people who are contacted have thirty days to indicate they would like to take over status as lead
agency. There are very few agencies that have the ability under the statute to assume the
responsibility because the Town Board has the final permitting authority under the ordinance.
The Town did not receive notice from any agencies objecting to the Town acting as Lead
Agency.
Attorney Folmer and the Board reviewed Part 2 of the Full Environmental Assessment
Form, which was prepared by Clough, Harbour & Associates in consultation with Attorney
Folmer and the applicant:
During the review, the Board changed the answer to question 18, "Will Proposed Action
affect public health and safety?" from "No" to "Yes" due to concerns expressed in the
community regarding development over the aquifer.
RESOLUTION #75 DECLARE POSITIVE DECLARATION UNDER SEQRA FOR
PLANNED UNIT DEVELOPMENT APPLICATION
SUBMITTED BY SUPER WAL-MART FOR PROPERTY
LOCATED ON NYS ROUTE 13 AND REQUIRE A DRAFT
ENVIRONMENTAL IMPACT STATEMENT BE PREPARED
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an application has been filed by Wal-Mart Real Estate Business Trust ("Wal-Mart")
for the construction of a Wal-Mart Supercenter and the future development of two outparcels to
be located on the real property at the corner of Route 13 and Bennie Road in the Town of
Cortlandville, Cortland County, New York ("Proposed Project") with the Town Board of the
Town of Cortlandville ("Board");
WHEREAS, a Long Form Environmental Assessment Form has been filed and reviewed in
detail by this Board;
WHEREAS, in accordance with the State Environmental Quality Review Act ("SEQRA"), the
project is a Type I Action requiring coordinated review under 6 NYCRR Section 617.6(b)(3);
and
WHEREAS, this Board, on March 2, 2005 indicated its intent to act as SEQRA Lead Agency
relative to the review of the Proposed Project and so advised other Involved Agencies, no other
Involved Agency has objected to this Board acting as SEQRA Lead Agency.
NOW THEREFORE, be it
RESOLVED, that the Town Board of the Town of Cortlandville is the SEQRA Lead Agency for
the Proposed Project; and
RESOLVED, that the Board, as SEQRA Lead Agency, hereby determines that the Proposed
Project may have a significant adverse impact on the environment, as set forth in the Positive
Declaration attached hereto and made a part hereof, and it is further
RESOLVED, that the Applicant shall prepare a Draft Environmental Impact Statement ("DEIS")
after scoping has taken place.
Attorney Folmer and the Board discussed scheduling a Scoping Session for the Planned
Unit Development application submitted by Wal-Mart Real Estate Business Trust. The Scoping
Session is a meeting between the Board and the interested and involved agencies, which may be
a public meeting, but is not a public hearing.
James Trasher of Clough, Harbour & Associates explained that similar to the notice of
intent to act as Lead Agency, the Board must give ten days notice to the involved and interested
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APRIL 06, 2005 TOWN BOARD MEETING PAGE 4
agencies to prepare for the Scoping Session. The Final Scoping Document must be prepared and
sent back to the applicant within 60 days of the Scoping Session.
The Board scheduled the Scoping Session for May 11, 2005 at 1:30 p.m. at the Town
Hall.
Attorney Kelly Pronti, for Harter, Secrest & Emery, representing Wal-Mart Real Estate
Business Trust, apprised the Board that she submitted a proposed Draft Scope to the Planning
Board.
Attorney Folmer also presented the Board with a handout explaining the SEQR process
step-by-step.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Amanda Barber, Manager of the Cortland County Soil & Water
Conservation District, regarding Lead Agency status for the proposed Planned Unit Development
application submitted by Wal-Mart. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Ronald Powell, Executive Committee for Citizens for Aquifer
Protection and Employment (CAPE) regarding the proposed Planned Unit Development
application submitted by Wal-Mart. All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file
correspondence from the Cortland County Industrial Development Agency regarding the
SEQRA Notice of Completion of Final Environmental Impact Statement for the Tioughnioga
River Trail — Phase 1. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Randy Daniels, Department of State, regarding the 2004-2005 Quality
Communities Grant Program — Polkville/Blodgett Mills Strategic Corridor Plan. All voting aye,
the motion was carried.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file the
"Notice of Award" correspondence from Clough, Harbour & Associates to Chris Henry of
Adhan Piping Co., Inc. regarding the award of the base bid for the Starr Road Park & Recreation
Center. All voting aye, the motion was carried.
There was a brief discussion regarding adopting a resolution to endorse property tax
reform task force effort. Attorney Folmer explained that by adopting the resolution the Town
would be joining with the Association of Towns urging that the State of New York reexamine its
position with regard to those actions that have ramifications on local tax payers.
RESOLUTION #76 ENDORSE PROPERTY TAX REFORM TASK FORCE EFFORT
Motioned by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the residents of the Town of Cortlandville have collectively considered the local issues
of greatest concern to them and identified high property taxes as one of the highest priority among
them; and
WHEREAS, funding for local governmental services, including public education, is provided
primarily through a tax on the estimated value of property; and
WHEREAS, the welfare of the Town of Cortlandville homeowners is jeopardized by the rapid
increase in the costs of public education and the inability of many homeowners to pay these
increased costs; and
APRIL 06, 2005 TOWN BOARD MEETING PAGE 5
WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to
raise other taxes to provide services and to fund Town -specific and local initiatives important to the
well being of the community.
THEREFORE, the Town Board of the Town of Cortlandville appeals to New York State public
officials to implement new measurers for financing public education, including the following
suggested actions:
1. Ensure equity in a formula for funding public education based on the taxpayers' ability
to pay.
2. Decrease the revenue raised from tax sources based on the value of dwellings.
3. Refrain from imposing state mandated requirements upon school systems without
corresponding state funding.
4. Adjust the formulas on revenues earmarked as aid to education from state lottery and
other future gaming activities so that the annual percentage is substantially increased
from current levels.
5. Maintain the enhanced STAR exemption for the town's neediest citizens, but also
increase the STAR exemption for senior citizens specifically at all income levels.
6. Regain lost tax revenue from the above actions through income tax.
AND IT IS FURTHER RESOLVED, that a certified copy of this resolution be submitted to New
York State Senator's James L. Seward and Joseph L. Bruno, New York State Assembly
Representative's Barbara Lifton and Sheldon Silver, and Governor George E. Pataki.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Theresa Quail regarding the adoption of a Noise Ordinance for the
Town. All voting aye, the motion was carried. .
Attorney Folmer apprised the Board he would personally notify Mrs. Quail regarding the
public hearing for the proposed Noise Ordinance.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Douglas C. Staley, Fire Commissioner for the Town of Cortlandville,
regarding the proposed increase for building height requirements and the fire department's
ability to fight fires. All voting aye, the motion carried.
Attorney Folmer apprised the Board the proposal regarding height requirements for
buildings was forwarded to the County Planning Board. The Board would receive comments
from the County at a later date, at which point the Board could schedule a public hearing.
RESOLUTION #77 AUTHORIZE EXPENDITURE OF $50,000 FROM THE
CAPITAL RESERVE FUND TO PAY THE EXPENSE OF
TOWN HALL IMPROVEMENTS IN THE OLD (1961) TOWN
HALL BUILDING SUBJECT TO PERMISSIVE REFERENDUM
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize the
expenditure of $50,000 from the Capital Reserve Fund to pay the expense of Town Hall
improvements in the old (1961) Town Hall building, and it is further
RESOLVED, this resolution is adopted subject to permissive referendum as required by law.
APRIL 06, 2005 TOWN BOARD MEETING PAGE 6
RESOLUTION 978 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY WHELAN & CURRY CONSTRUCTION TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Whelan & Curry
Construction for property owned by Prop Inc. (Karl Ochs) located at 3877 Luker Road, tax map
#85.20-01-35.200, shall be referred to the Town and County Planning Boards for their review
and recommendations.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the Cortland County Planning Board Resolution #05-11 regarding the Aquifer Protection
Permit application of Suit-Kote Corp., for property located off of US Route 11, tax map #87.00-
03-16.122. All voting aye, the motion was carried.
RESOLUTION 979 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY SUIT-KOTE
CORPORATION FOR APRIL 20.2005
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 20, 2005 at 5:00 p.m. for the
Aquifer Protection Permit application submitted by Suit=Kote Corporation for property located
off of US Route 11, tax map #87.00-03-16.122.
RESOLUTION #80 APPOINT RONAL L. ROCCO AS TOWN HISTORIAN
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Ronal L. Rocco of 710 Bowling Green,
Cortland, New York as Town Historian effective April 22, 2005 to December 31, 2005 the
remainder of the Town Historian term, at a zero salary.
There was a brief discussion regarding the request of CEO, Bruce Weber to be paid for
unused vacation days. According to his correspondence, he has been unable to utilize his
vacation time due to the demands of his busy work schedule.
Attorney Folmer requested the Board table any action on the matter until the next
meeting.
RESOLUTION #81 TABLE REQUEST OF CEO BRUCE WEBER TO BE PAID FOR
ACCRUED UNUSED VACATION DAYS
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby table the request of CEO, Bruce Weber to be paid for
accrued unused vacation days until the Town Board Meeting of April 20, 2005, and it is further
RESOLVED, the correspondence from CEO Weber is hereby received and filed.
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APRIL 06, 2005 TOWN BOARD MEETING PAGE 7
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Michael W. Chernago, General Manager for SCWP, LLC dba Indacom
Place, regarding the proposed Zoning Text Amendment. All voting aye, the motion was carried.
Attorney Folmer stated that during informal discussions the Board agreed to leave the
current zoning classification of certain properties located on Route 13 as they are, including the
JM Murray Center and SCWP, LLC., therefore allowing existing businesses to be utilized as
they presently are.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Senator James L. Seward to Barbara Murphy, NYC Watershed, NYS
Department of State, regarding revitalization of the Polkville-Blodgett Mills Corridor. All voting
aye, the motion was carried.
Councilman O'Donnell questioned whether they could take a look at the request made by
Bill Pauldine to rezone five parcels on Route 281.
Attorney Folmer apprised the Board Mr. Pauldine's concern is that the five parcels on the
east side of Route 281, across from Country Inn & Suites, be rezoned to B-2, which is intended
to be done under the proposed Zoning Text Amendment. Mr. Pauldine and his neighbors have
requested that the Board expedite their zone change request by acting on it separately from the
Zoning Text Amendment. According to Attorney Folmer, until the Zoning Text Amendment is
adopted the B-2 zone does not exist. After the Public Hearing on April 251h concerning the
Zoning Ordinance, Mr. Pauldine's problem may be closer to be taken care of.
Councilman Testa commended Highway Sup't. and the Highway Department employees
for their hard work assisting residents with the recent flooding. Members of the Board received
several phone calls from residents thanking Mr. Bush and the employees.
Town Planning Board member, Nick Renzi questioned what the purpose of the public
hearing on April 25, 2005 was, and whether there was a revised draft of the Zoning Text
Amendment.
Attorney Folmer apprised Mr. Renzi the purpose of the public hearing would be to hear
any last comments before action is taken on the Zoning Text Amendment.
Mr. Renzi voiced a concern made by Bill Cleary, owner of a vacant lot on Route 281,
who was concerned about lot coverage. Mr. Cleary was concerned that he would not be able to
sell his property due to the current proposal's lot coverage restrictions.
In his review of the text, Attorney Folmer stated he would suggest that lot coverage, for
properties 3 acres or less, be determined on a case -by -case basis by the Town Planning Board.
Such a solution should relieve the concern of people with small lots because the Planning Board
would be given the opportunity to look at the specific application and the structure to be built
and determine the appropriate lot coverage.
Councilman Testa questioned whether it would be fair to select a percentage for lot
coverage based on the specific lot size, which would create a standard to follow.
If the Planning Board is able to determine lot coverage specific to the proposed project,
Mr. Renzi stated they would have "a lot of latitude to reflect on the aquifer and the existing
ground," and offered the example of the Cortlandville Crossing parking lot where Kinney Drugs
has proposed to construct a building. In this situation it may be appropriate for Kinney Drugs to
have 80% lot coverage, while if they proposed the same application for a different location the
lot coverage may only be appropriate at 60%.
James Trasher from Clough, Harbour & Associates, questioned whether it would be
arbitrary and capricious for the Board to decide lot coverage on a case -by -case basis.
Attorney Folmer stated the arbitrary and capricious standard is that "there is no rational
basis for the conclusion upon which the decision was made." It could be established in findings
that there is a differential in size, location, traffic, or use. He gave the example that a dentist
office would not need the same parking capabilities as a restaurant.
Councilman Testa felt they should raise the standard for lot coverage and determine lot -
coverage based upon lot size.
Attorney Folmer stated that landowners could claim the coverage requirement, as it
currently exists, makes it impractical or impossible for their land to be developed. If the Board
APRIL 06, 2005 TOWN BOARD MEETING PAGE 8
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adopts the proposed Zoning Text Amendment without a separate section for three -acre parcels,
the landowners would go to the Zoning Board of Appeals and ask for variances.
Mr. Renzi stated they should look into the actual number of parcels on Route 281, in
which the owners may have a hardship, as well as the size of the lots.
On another note, there was a brief discussion regarding the Bell Drive drainage problem
and the Renaissance drainage problem. Mr. Renzi apprised the Board he gave Mr. Trasher a
copy of the Bell Drive report from 1997 for his review. He requested a copy of the scope of
work to be completed by Clough, Harbour & Associates for the Bell Drive Drainage Project.
Attorney Folmer apprised Mr. Renzi that a copy of the agreement would be provided by
Mr. Trasher.
Mr. Renzi informed the Board that with the recent thawing and rainfall there was a
drainage problem in the Renaissance Development. Water flowed from Mr. Gibson's property
on Cosmos Hill, across Eric Barden's property and to Bill Cleary's property. He apprised the
Board that Mr. Cleary was concerned about the problem and would be contacting the Town to
discuss the problem.
Reverting back to the discussion on lot coverage, Councilman Rocco questioned how the
five parcels located on Route 281, which requested a zone change to B-2 (across from Country
Inn & Suites) would be affected in regard to lot size.
Attorney Folmer was not sure, however he, commented that the Board has moved as fast
as reasonably possible in its review of the overall zoning of the Town. There have been a myriad
of factors involved in the evaluation and difficult discussions. have occurred.
James Trasher questioned where lot coverage stands with the other lots in terms of
percentages.
Attorney Folmer stated lot coverage was 50%-60%-65%.
Mr. Trasher stated the Board must consider what the difference is between allowing ten
three -acre lots to build at 85%, and a property owner with a 30-acre lot building at 85%. Mr.
Trasher apprised the Board that whatever they decide to do with lot coverage will impact larger
lots. He stated they should not discriminate against big box stores because the traffic patterns
and drainage caused by smaller clusters of buildings creates more havoc than big box stores. In
regard to lot size, Mr. Trasher stated "what's good for one is good for all."
No further comments or discussion were made.
Councilman Pilato 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 7:50 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville