HomeMy WebLinkAbout06-01-200536
JUNE O1, 2005
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, with Supervisor Thorpe
presiding.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; James Trasher of Clough, Harbour & Associates; Reverend Bell,
Blodgett Mills Independent Baptist Church; Nick from Channel 2, Access TV; Representatives
from CAPE: Robert Rhodes, Arnold Talentino, Ron Powell; News Reporter Eric Mulvihill from
WXHC; News Reporter Patrick Ruppe from the Cortland Standard.
Supervisor Thorpe called the meeting to order and introduced the newly appointed
Councilman, Richard Tupper who replaced John J. Pilato, Sr.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Minutes of December 15, 2004 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the
Town Board Minutes of January 5, 2005 as written. All voting aye, the motion was carried.
RESOLUTION #120 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
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 #276 - 296
$
21,182.26
General Fund B
B58 - B62
$
7,748.43
Highway Fund DB
D164 - D189
$
44,957.81
Water Fund
W91 - W103
$
4,668.36
Sewer Fund
S46 - S49
$
3,542.44
Trust & Agency
T6 - T6
$
33,904.60
Capital Projects
H57 - H61
$122,584.66
Supervisor Thorpe offered privilege of the floor to those in attendance.
Ron Powell representing Citizens for Aquifer Protection and Employment (CAPE)
submitted a letter to the Board and asked that it be received and filed.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Ron Powell on behalf of Citizens for Aquifer Protection and
Employment (CAPE) dated June 1, 2005, regarding the Wal-Mart Supercenter PUD Draft Scope.
All voting aye, the motion was carried.
Supervisor Thorpe offered privilege of the floor to Nick Renzi
Planning Board member Nick Renzi recalled that at the May 18, 2005 meeting he made
comments regarding the Drainage Improvement Feasibility Study for NYS Route
281/Renaissance/Bell Drive, which was prepared by Clough, Harbour & Associates. Mr. Renzi
questioned whether the Board reviewed the study as well has his comments.
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JUNE O1, 2005 TOWN BOARD MEETING PAGE 2
Councilman Testa apprised Mr. Renzi that a meeting was arranged for June 8th, 2005
between himself, Councilman O'Donnell, James Trasher of Clough Harbour & Associates, and
property owner Carl Edlund of 1221 Bell Drive.regarding the study. The next step would be to
meet with the Cortland Country Club.
On another note, Mr. Renzi commented that the Planning Board has received applications
from companies such as Walgreens, Wal-Mart, Kinney Drugs, and Dunkin' Donuts to bring
business to the Town. Steps were taken to help make the Town "look better" and make a new
establishment "blend in," by adopting the Design and Development Guidelines into the Town
Code, as well as the Business District Design Specifications, which were adopted as policy.
Despite such efforts Mr. Renzi acknowledged two specific properties owned by Mr. Berlew and
Mr. McNeil, respectively, which "detract from the neighborhood." Mr. Renzi questioned
whether there was anything the Town could do to clean up the properties.
Councilman Testa stated he would speak with Mr. McNeil and report back to the Board,
as long as there was no objection from Attorney Folmer.
Attorney Folmer did not object.
Lastly, Mr. Renzi recalled an incident that occurred about a year ago in which he was
criticized for being "anti -Wal-Mart" for asking the Town Clerk's office to make photocopies of
an article about Wal-Mart for the Board. Mr. Renzi reiterated that he was not anti Wal-Mart. At
the same time the Mayor of Cortland corresponded with Supervisor Thorpe regarding projected
sales tax from Super Wal-Mart and Lowe's.
Supervisor Thorpe commented that the sales tax projections were based on assumptions.
Monthly reports for the Town Clerk and Tax Collector for the month of May 2005, and
for the SPCA for the months of March and April 2005, were on the table for review and are filed
in the Town Clerk's office.
Town Clerk Snyder apprised the Board she was in receipt of correspondence from Kent
Finkelstein regarding his intent to renew the liquor license for Uncle Louie's Backyard, located
on NYS Route 13.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Kent Finkelstein regarding his intent to renew the liquor license for
Uncle Louie's Backyard located at 294 NYS Route 13. All voting aye, the motion was carried.
Attorney Folmer reported:
Berlew Property on Route 281:
Attorney Folmer reverted back discussion regarding the Berlew property on Route 281
and the vehicle that remains on the lot. He apprised the Board that several years ago, when
Judge Rumsey was the Town Attorney, a proceeding was brought against Mr. Berlew based on
the allegation that there was an abandoned vehicle sitting on the lot. The court determined that
the vehicle was a sign, or an advertisement, as opposed to a vehicle. The attempt to move the
vehicle as an abandoned vehicle was unsuccessful. However today, the vehicle "advertises" a
place of business that does not exist, and a business that Mr. Berlew does not have any
ownership interest in anymore.
Bond Anticipation Notes:
Attorney Folmer apprised the Board the Town has three Bond Anticipation Notes that
expire at the end of the week for Page Green Water, Page Green Sewer, and Crestwood Court
Sewer. The remaining outstanding balance is $292,000. The Town would make an interest
payment and a principal payment. Attorney Folmer requested the Board adopt a resolution
authorizing the Supervisor and the Town Clerk to execute the appropriate documents for
renewals of the three notes. The BANS will be paid in full in June of 2006.
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JUNE O1, 2005
TOWN BOARD MEETING
PAGE 3
RESOLUTION #121 AUTHORIZE THE SUPERVISOR AND TOWN CLERK TO
EXECUTE THE BOND ANTICIPATION NOTE RENEWALS
FOR PAGE GREEN WATER, PAGE GREEN SEWER, AND
CRESTWOOD COURT SEWER
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, three Bond Anticipation Notes for Page Green Water, Page Green Sewer, and
Crestwood Court Sewer are due to expire on June 3, 2005 and must be renewed, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor and Town
Clerk to execute the appropriate documents for renewing the three Bond Anticipation Note's due
to expire on June 3, 2005.
Highland Road Sewer Improvement Project — Funding:
Attorney Folmer apprised the Board he was in receipt of correspondence from the
Environmental Facilities Corporation (EFC) regarding the funding from the Clean Water State
Revolving Fund for the Highland Road Sewer Improvement Project. Attorney Folmer requested
the Board authorize the Supervisor to execute the contract with the EFC.
RESOLUTION #122 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT
BETWEEN THE TOWN OF CORTLANDVILLE AND
ENVIRONMENTAL FACILITIES CORPORATION
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Town Supervisor to execute the
contract between the Town of Cortlandville and Environmental Facilities Corporation for
funding for the Highland Road Sewer Improvement Project.
Wal-Mart Supercenter PUD:
Attorney Folmer provided a copy of the Draft Scoping Document for the Wal-Mart
Supercenter PUD application to the Board and Town Clerk Snyder. A copy was forwarded to
Attorney Kelly Pronti as well as Attorney Hoffman. Copies would be available to the public
after the meeting.
Attorney Folmer informed those in attendance that the Lead Agency is required under
SEQRA to produce a Final Scoping Document within 60-days of the date of a Positive
Declaration, unless that time is extended by agreement between the applicant and the Lead
Agency. Attorney Folmer agreed that the Board would not act on determining whether or not the
Draft Scoping Document is a Final Scoping Document until June 15, 2005, which was done with
the consent of the applicant. All of the comments received as of June 1, 2005 will be considered
part of the Scoping Document, including correspondence submitted tonight by .Ron Powell.
Attorney Folmer hoped that on June 15, 2005 the Board would be able to declare that they have a
Final Scoping Document that will lead to the Draft Environmental Impact Statement (DEIS).
With regard to public comment, when the Board receives the DEIS a public hearing would be
held in which the public could address the contents of the DEIS.
Attorney Folmer apprised the Board that in their review of the Draft Scoping Document
they would notice a section on community character, which deals with economic impact and
requests certain information.
Attorney Folmer requested the Board receive and file the Draft Scoping Document by
resolution.
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359
JUNE O1, 2005
TOWN BOARD MEETING
PAGE 4
RESOLUTION #123
RECEIVE AND FILE DRAFT SCOPING DOCUMENT —
DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE
WAL-MART SUPERCENTER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby receive and file the Draft Scoping Document —
Draft Environmental Impact Statement (DEIS) for the Wal-Mart Supercenter.
Supervisor Thorpe offered privilege of the floor to Ron Powell.
Ron Powell commented that under SEQRA there should be a period of public comment
on the Draft Scope itself before the DEIS stage.
Attorney Folmer apprised Mn Powell there was a comment period.
Mr. Powell questioned how there was a comment period if the Draft Scope was just
handed out.
James Trasher of Clough, Harbour & Associates apprised Mr. Powell the Town Board
and other involved agencies are given fifteen days to review the Draft Scoping Document. The
Draft Scope incorporates comments from CAPE as well as from Mr. Renzi.
Mr. Powell stated that Section 617.8 of SEQRA provides that there shall be a period of
public comment on the Draft Scope Document itself.
Attorney Folmer apprised Mr. Powell a Draft Scope Document was circulated at an
earlier meeting. Comments were solicited until May 20th, 2005. By default, comments were
accepted until May 31St, 2005. The Board would accept and consider all of those comments in
the preparation of the Final Draft Scope. Attorney Folmer explained the Board would try to hold
enough public hearings to comment on what is in the Draft Scope as well as the DEIS.
Attorney Folmer explained that people were welcome to make comments regarding the
Draft Scoping Document. However, those comments will be used as part of the evaluation of the
response to the document and to the preparation of the DEIS.
Mr. Powell questioned whether he had until June 15th, 2005 to submit written comments.
Attorney Folmer explained that once they have a Final Scope the applicant has to prepare
his Draft Environmental Impact Statement. Comments may come in at any time because there
will be at least one public hearing regarding the DEIS. Any comments made from today forward
will be considered.
There was discussion regarding amending the Town Personnel Policy and the policy on
sick leave.
Supervisor Thorpe apprised the Board he received a request from the Town Bookkeeper
to review the Town Personnel Policy on sick leave. According to the Personnel Policy, the
proper use of sick leave includes personal illness, visits to a doctor/dentist, or another recognized
practitioner. Sick leave may not be used for the illness of an employee's family member. The
concern is that the Town cannot use the Family Medical Leave Act because the Town does not
have enough employees. Supervisor Thorpe questioned whether the Board would like to see the
Personnel Policy modified so that sick leave can be used when a family member is sick if the
employee has already used their personal days and vacation days.
The Board did not take action on the issue because more research was necessary.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Citizens for Aquifer Protection and Employment (CAPE) dated May
20, 2005, regarding the Draft Scope and Scoping Session for the proposed Wal-Mart Supercenter
PUD. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Attorney Daniel Hoffman of LoPinto, Schlather, Solomon & Salk,
representing CAPE, dated May 27, 2005, regarding the Draft Scope for the proposed Wal-Mart
Supercenter PUD. All voting aye, the motion was carried.
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JUNE O1, 2005 TOWN BOARD MEETING PAGE 5
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Patrick Reidy of the Cortland County Soil & Water Conservation
District to James Trasher of Clough, Harbour & Associates, dated May 20, 2005, regarding the
Draft Scope for the Wal-Mart Supercenter PUD. All voting aye, the motion was carried.
RESOLUTION #124 AUTHORIZE THE PARK ASSOCIATION TO USE THE
TOWN HALL MEETING ROOM FOR THEIR
ANNUAL ASSOCIATION MEETING
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize The Park Association to use the
Cortlandville Town Hall meeting room on June 5, 2005 at 6:30 p.m. for their annual association
meeting.
Supervisor Thorpe questioned whether there was anything else to come before the Board.
Councilman Rocco apprised the Board he read a derogatory comment about the Town's
engineering firm. For the record, he stated that James Trasher and Clough, Harbour &
Associates have done an extraordinary job for the Town, and cited the denied application of
Rerob, LLC for a gas station/convenience store. He also commented that Mr. Trasher knows a
great deal about the aquifer and how important the water supply is.
Councilman O'Donnell thanked Reverend Bell for allowing the Board use of the Church
for tonight's meeting.
James Trasher of Clough, Harbour & Associates commented on the Bell Drive Drainage
project. He apprised the Board there are four recommendations for the project. Two
recommendations encompass using routes under a house or between two houses. The other two
options are to use property owned by the Cortland Country. Club with outlets to the Suits land on
the other side of Bell Drive, or from the Country Club to the railroad tracks. He explained that
all four options can be done, however options 1 and 2 are cheaper considerations.
Mr. Trasher stated his firm has not had the opportunity to discuss the processes with the
Board. In regard to a comment made by Mr. Renzi at the May 18th meeting about exploring
other options, Mr. Trasher explained other options are possible. One option is to put a pipe
directly under the foundation of a house, with the possibility that the pipe could upset the
foundation of the house. As a result the Town could become the "proud owner of a house on
Bell Drive." The second option would be to go between Carl Edlund's house and the property
where the current pipe runs, which would be the same type of situation. Mr. Trasher stated the
Board must determine the way they want to move forward with the Bell Drive improvements.
At the May 18th meeting Mr. Renzi questioned why the detention basins on the other side
of Route 281 (across from Bell Drive) were not included in the drainage study. Mr. Trasher
explained the detention basins were not involved in the report because their use was already
rejected after discussions with the Highway Sup't. based on the location of utilities beneath the
detention basin. There were minimal to no improvements that could be done to detain
stormwater from going underneath Route 281. The option was looked at, but not included in the
report.
Mr. Trasher explained that options 3 and 4 are more costly as they include the Country
Club's fairways with an outlet by the railroad tracks. The option would be more costly because
an agreement would have to be made with the Country Club regarding restoration of their
property.
Mr. Trasher stated he would discuss the study with the Board, and would also get
together with Mr. Renzi to discuss the project and go over his comments and questions.
Supervisor Thorpe questioned, "is there really a problem" with drainage?
Mr. Trasher stated the Bell Drive residents are "not in imminent danger of having their
house wash away like people talk about."
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JUNE O1, 2005 TOWN BOARD MEETING PAGE 6
361
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:30 p.m.
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Respe tfully submitted,
wren Q. Snyder, RMC
Town Clerk
Town of Cortlandville