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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. ti 1 1 35 � 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. 359 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. 1 I 1 359 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. 3(00 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." 1 1 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. 1 1 7— L Respe tfully submitted, wren Q. Snyder, RMC Town Clerk Town of Cortlandville