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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. 1 1 1 271 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. z?Z 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 273 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. z-76 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 z-7-7 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