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Home My WebLink About07-06-2005JULY 06, 2005 ► OIJN 3-71 E 1 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, Richard Tupper Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Representatives of CAPE: Arnold Talentino and Ron Powell; Sharon Stevans from Channel 2, Access TV; and News Reporter, Patrick Ruppe from the Cortland Standard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of January 19, 2005 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of February 02, 2005 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of February 16, 2005 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Scoping Session transcript of May 11, 2005 for the Wal-Mart Supercenter PUD. All voting aye, the motion was carried. RESOLUTION #133 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman Tupper 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 #321 - 349 $ 49,584.21 General Fund B B71 - B78 $ 19,280.96 Highway Fund DB D211 - D239 $ 42,470.68 Water Fund Will - W 118 $ 16,653.48 Sewer Fund S53 - S57 $ 16,328.27 Trust & Agency T7 - T7 $ 34,381.97 Capital Projects H67 - H67 $ 620.00 Supervisor Thorpe offered privilege of the floor to those in attendance. An unknown woman presented an article to the Board regarding planning news. Supervisor Thorpe stated he would have copies made and distribute them to the members of the Board. Draft Minutes of the Town Board meeting of June 15, 2005 were submitted to the Board. The monthly report of the SPCA for the month of May 2005 was on the table for review and is filed in the Town Clerk's office. 37 Z JULY 06, 2005 TOWN BOARD MEETING PAGE 2 RESOLUTION #134 . ACCEPT 2005 TAX COLLECTOR'S SUMMARY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2005 Tax Collector's Summary is hereby accepted and shall be received and filed. Town Clerk Snyder apprised the Board she was in receipt of correspondence from John Phillips regarding his intent to renew the liquor license for The Rusty Nail, located at 3993 NYS Route 281. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from John Phillips regarding his intent to renew the liquor license for The Rusty Nail located at 3993 NYS Route 281. All voting aye, the motion was carried. Town Clerk Snyder recalled an issue that was brought to the Board several months ago regarding the water benefit tax for property located on Page Green Road, owned by Chris Bushnell. Assessor Briggs made a recommendation to the Board regarding the water benefit tax, and members of the Board visited Mr. Bushnell's property. However, the Board did not adopt a resolution identifying the results of the visit. Councilman Testa requested the Board discuss the issue at the July 20, 2005 meeting, and asked that Town Clerk Snyder provide the Board with another copy of Assessor Briggs' correspondence. Attorney Folmer reported: Business District Design Specifications: Attorney Folmer informed the Board that Town Clerk Snyder and Planning Board member, Nick Renzi worked on revisions to the Business District Design Specifications document. Mr. Renzi also reviewed the first paragraph of the definitions, and provided policy language that should satisfy the requirements. Attorney Folmer asked Town Clerk Snyder to incorporate such change into the revisions she already had. At the July 20, 2005 meeting, the Board could readopt the provisions in accordance with the most recent version of the Business District Design Specifications. Attorney Folmer thanked Mr. Renzi for his help with the Business District Design Specifications. Zoning Map: Attorney Folmer apprised the Board he was in receipt of the new Zoning Map for the Town of Cortlandville. Under Section 178-4 of the Code, the Town Clerk has to certify the Zoning Map. Attorney Folmer requested the Board adopt a resolution directing the Town Clerk to certify the Zoning Map dated June 1, 2005 as being the map in conjunction with the recently adopted Zoning Ordinance. RESOLUTION #135 AUTHORIZE THE TOWN CLERK TO CERTIFY THE ZONING MAP DATED JUNE 1, 2005 AS THE ADOPTED ZONING MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to certify the Zoning Map dated June 1, 2005 as the adopted Zoning Map of the Town of Cortlandville. 3-7 3 JULY 06, 2005 TOWN BOARD MEETING PAGE 3 Local Law No. 2 of 2005 — Zoning Text Amendment: Attorney Folmer apprised the Board he received correspondence from Attorney Hoffman, representing Citizens for Aquifer Protection and Employment (CAPE). The letter, dated June 10, 2005, raised some procedural issues regarding the enactment of the Zoning Text Amendment, Local Law No. 2 of 2005. Attorney Folmer apprised the Board he began to draft a response to Attorney Hoffman's letter; a copy of which would be forwarded to the members of the Board once complete, along with a copy of the June I01h correspondence. Attorney Folmer stated, "because this is a communication between myself and a client, without your permission I am not permitted to provide a copy of that ... to the news media or to anybody else. But I think that the letter ought to be a matter of public record and should be filed in the Town Clerk's Office and available for anybody that wishes to review it." The Board did not object to the procedure. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from William Higgins, President of the Cortland Country Club, Inc. regarding the Bell Drive drainage project and drainage problems along NYS Route 281. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Nanette Pasquarello, requesting that a streetlight be repaired at 737 Sleepy Hollow Road. All voting aye, the motion was carried. Councilman Rocco apprised the Board he made a request to the power company via email to repair the streetlight a couple months ago. No action has been taken to repair the light. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a petition regarding property located at 737 Sleepy Hollow Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Assemblywoman, Barbara S. Lifton regarding support for the Cortlandville Starr Road Park and Recreation Center. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Bernadette Castro, State Historic Preservation Officer, NYS Office of Parks, Recreation & Historic Preservation, regarding the Cortlandville Starr Road Park and Recreation Center. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Kevin Burns, Chief of Grants, NYS Office of Parks, Recreation and Historic Preservation, regarding the Cortlandville Starr Road Park and Recreation Center. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from George A. Doucette, P.E., Regional Traffic Engineer for the NYS DOT to Mr. Robert Abbott, Architect, regarding the proposed Dunkin' Donuts project on NYS Route 281. All voting aye, the motion was carried. RESOLUTION #136 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY NEW PLAN EXCEL REALTY TRUST, INC. FOR PROPERTY LOCATED OFF OF NYS ROUTE 281 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 3-7 4 JULY 06, 2005 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, a Public Hearing shall be scheduled for July 20, 2005 at 5:00 p.m..for the Aquifer Protection Permit submitted by New Plan Excel Realty Trust, Inc. (Kinney Drugs) for property located off of NYS Route 281, tax map #96.09-01-02.200. RESOLUTION #137 REFER AQUIFER PROTECTION PERMIT APPLICATION OF MICHAEL EDWARDS TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Michael Edwards for property located on NYS Route 281, tax map #86.13-01-12.000 and 86.13-01-13.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #138 REFER CODE VIOLATION OF FRANCIS GARROW FOR PROPERTY LOCATED AT 3783 MCGRAW-MARATHON ROAD TO THE TOWN ATTORNEY FOR REVIEW AND AUTHORIZE HIM TO PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Francis Garrow for property located at 3783 McGraw - Marathon Road, McGraw, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required. Supervisor Thorpe questioned whether there was anything else to come before the Board., Planning Board member Renzi requested privilege of the floor to discuss a few items. In regard to the Aquifer Protection Permit application submitted by New Plan Excel Realty Trust, Inc. (Kinney Drugs), Mr. Renzi informed the Board that the Planning Board requested the applicant submit a Stormwater Management Plan. Mr. Renzi apprised the Board that the Aquifer Protection Permit application submitted by Michael Edwards was for a commercial building with four, to five tenants. Lastly, Mr. Renzi apprised the Board that at the last Planning Board meeting, Patrick Reidy from the Cortland County Soil & Water Conservation District requested authorization to review the Town's Stormwater Management Plan. Mr. Renzi suggested the Board authorize Mr. Reidy to review Article XVI of the Town Code, Stormwater Management and Erosion and Sediment Control, and suggest any changes or improvements to "bring it in line with the state code." RESOLUTION #139 REQUEST PATRICK REIDY OF THE CORTLAND COUNTY SOIL & WATER CONSERVATION DISTRICT TO REVIEW ARTICLE XVI OF THE CODE OF THE TOWN OF CORTLANDVILLE, STORMWATER MANAGEMENT AND EROSIONAND SEDIMENT CONTROL Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 1 I I JULY 06, 2005 TOWN BOARD MEETING PAGE 5 3-IS BE IT RESOLVED, the Town Board does hereby request Patrick Reidy of the Cortland County Soil & Water Conservation District to review Article XVI of the Code of the Town of Cortlandville, Stormwater Management and Erosion and Sediment Control, and to recommend to the Town a method by which it could be brought up to date. Mr. Renzi questioned whether Attorney Folmer had the opportunity to do anything regarding the Moratorium on Planned Unit Developments (PUDs), which was discussed at the last Town Board Meeting. Attorney Folmer stated he was in contact with Clough, Harbour & Associates regarding the changes the Town must make to bring the Town current with State regulations. In addition, he suggested the Board send the section of the Code on PUDs to the Planning Board for review. Councilman Rocco reminded the Board that at a prior meeting there was a concern regarding the outdoor storage of fertilizer at Wal-Mart. He apprised the Board that he spoke with the Manager of Wal-Mart and employees of the garden department who informed him that fertilizer is stored appropriately and is not, and never was, stored outside. Councilman Testa commented on the correspondence received and filed from the Cortland Country Club (CCC) dated June 8, 2005. In regard to debris build-up in the drain pipe which crosses CCC hole #2 and #14, the letter stated the following: "It was agreed that Cortlandville crews could assist with high pressure lancing equipment starting at the east open end of the pipe on our property." Councilman Testa suggested there be something in writing stating that the Town is not liable for any problem that may occur as a result of cleaning out the debris. Highway Sup't. Bush commented that the Town should not be liable for the pipe. No further comments or discussion was heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:20 p.m 1 Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville