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Home My WebLink About10-19-2005X41A 3' OCTOBER 19, 2005 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; Deputy Town Clerk, Kristin Rocco; Planning Board member, Nick Renzi; Attorney Mike Shafer representing NCWP, LLC.; Karen Niday, Empire Zone Director for the Cortland County BDC/IDA; Representative of C.A.P.E., Grace Meddaugh; Town Residents: Mr. and Mrs. Robert Lisenby; Sharon Stevans from Channel 2, Access TV; News Reporter's Eric Mulvihill from WXHC and Jeremy Boylan from the Cortland Standard. Supervisor Tupper called the meeting to order. Draft minutes of the Town Board meeting of October 5, 2005 were submitted to the board for their review. RESOLUTION #191 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers 4524 - 555 $ 35,091.82 General Fund B B127 - B128 $ 1,330.76 Highway Fund DA DA3 - DA3 $ 347.47 Highway Fund DB D410 - D428 $ 37,829.22 Water Fund W180 - W187 $ 9,435.21 Sewer Fund S86 - S90 $ 2,640.62 Trust & Agency TA11 - TA11 $ 34,381.97 Supervisor Tupper offered privilege of the floor to Robert Lisenby. Robert Lisenby, 1497 Saunders Road, apprised the Board that in 1999 a second house on his property was destroyed by a fire and was therefore torn down. Because there were two houses on the property, there were also two water meters located at the main house. The second meter was never removed nor was the water shut-off. During a recent review of the water accounts, it was discovered that Mr. Lisenby's account was marked inactive and that no bill had been generated for several years. Because it was possible for the customer to use water through the second meter the account was marked active and a bill was generated for the 41h quarter billing (October 1, 2005). Mr. Lisenby claimed the water service had not been used since the house burned down, and requested the Board forgive his water bill in the amount of $15.75. The water was shut-off after the 4th quarter bill was generated. 1 1 J OCTOBER 19, 2005 TOWN BOARD MEETING PAGE 2 RESOLUTION #192 FORGIVE WATER BILL OF ROBERT LISENBY FOR PROPERTY LOCATED AT 1497 SAUNDERS ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby forgive the water bill of Robert Lisenby for property located at 1497 Saunders Road, tax map #96.12-01-12.000, for the second meter in the amount of $15.75. Councilman Rocco stated the Board would be remiss if they did not thank James and Gail VanDusen for their thoughtfulness at the October 5, 2005 meeting. The VanDusen's brought the Board cake and soda to celebrate the work completed for the Highland Road Sewer Improvement Proj ect. RESOLUTION #193 RESOLUTION SUPPORTING AND CONCURRING IN THE CORTLAND COUNTY APPLICATION FOR RE - DESIGNATION OF CERTAIN AREAS WITHIN CORTLAND COUNTY AS AN EMPIRE ZONE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Section 961 of the General Municipal Law authorized application by Cortland County for designation of certain areas as an Empire Zone within the meaning of said statute; and WHEREAS, such re -designation could greatly benefit Cortland County in that new businesses would be encouraged to be located in the zone area, existing businesses would be encouraged to expand in the zone area and expanded businesses would generate new jobs for Cortland County residents; and WHEREAS, Cortland County intends to authorize the submission of an application for the re - designation of areas within the Town of Cortlandville as an Empire Zone; and WHEREAS, the County of Cortland wishes to re -designate certain areas within the Town of Cortlandville as part of the proposed Empire Zone; and WHEREAS, the Town of Cortlandville is desirous of working with Cortland County through the Empire Zone Program to provide enhanced job opportunities for its residents; and WHEREAS, the boundaries of said areas to be included in the said Empire Zone shall be set forth in Schedule A, which is attached hereto and made a part thereof, NOW, THEREFORE, BE IT RESOLVED, by the Councilpersons of the Town of Cortlandville, Cortland, New York, that it fully supports and concurs in the submission of an application by Cortland County for the re -designation of certain areas as an Empire Zone. RESOLUTION #194 SCHEDULE PUBLIC HEARING REGARDING THE 2006 PRELIMINARY BUDGET Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 2, 2005 at 7:00 p.m. regarding the 2006 Preliminary Budget, and it is further RESOLVED, that 20 copies shall be made available for distribution to the public on October 28, 2005. Al 3o OCTOBER 19, 2005 TOWN BOARD MEETING PAGE 3 RESOLUTION #195 SCHEDULE DATE TO ADOPT 2006 PRELIMINARY BUDGET AS THE 2006 ADOPTED BUDGET Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2006 Preliminary Budget as the 2006 Adopted Budget on November 16, 2005 at 5:00 p.m. Supervisor Tupper offered privilege of the floor to Attorney Mike Shafer. Attorney Mike Shafer, from Riehlman, Shafer & Shafer, apprised the Board that his client, N.C.W.P., LLC. was requesting a zone change for it's 26.04 acre parcel located off of NYS Route 13, immediately south of the J.M. Murray Center. Before the Zoning Text Amendment was adopted as Local Law No. 2 of 2005, it was Mr. Shafer's understanding that the parcel would be changed to B-3. However, the Zoning Text Amendment was adopted and the parcel remained I-2. Mr. Shafer asked the Board to refer the zone change request to the County Planning Board for review. RESOLUTION #196 REFER ZONE CHANGE REQUEST SUBMITTED BY N.C.W.P., LLC. TO THE TOWN AND COUNTY PLANNING BOARD FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Zone Change request submitted by N.C.W.P., LLC. for property located off of NYS Route 13, tax map #95.00-10-11.100, shall be forwarded to the Town and County Planning Boards for their review and recommendations. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Water & Sewer Sup't. Peter Alteri regarding the water billing for 1497 Saunders Road, property owned by Robert Lisenby. All voting aye, the motion was carried. Planning Board Member, Nick Renzi apprised the Board they were in receipt of the revised drawings for the proposed Walgreens for property located on NYS Route 281. He commented that the revised plans still had minor errors. However, the engineers addressed most of his concerns. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Planning Board member, Nick Renzi, regarding the proposed Walgreens project. All voting aye, the motion was carried. Councilman, Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the Governor's Office for Small Cities regarding the Comprehensive Monitoring Report for the Town of Cortlandville's 2001 grants for Wilbedone Inc. and Country Inn & Suites. All voting aye, the motion was carried. A13l OCTOBER 19, 2005 TOWN BOARD MEETING PAGE 4 RESOLUTION #197 AUTHORIZE TOWN CLERK TO ACCOMPLISH RECOMMENDATIONS MADE BY THE GOVERNOR'S OFFICE FOR SMALL CITIES REGARDING COMMUNITY DEVELOPMENT BLOCK GRANTS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Governor's Office for Small Cities conducted a comprehensive monitoring visit of the Town of Cortlandville's 2001 Community Development Block Grant for Country Inn & Suites and Wilbedone and revealed two recommendations to the Town, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct Town Clerk, Karen Q. Snyder, to accomplish the following recommendations made by the Governor's Office for Small Cities: 1. Minimizing the time elapsing between the transfer of funds into a recipient's account and the disbursement of those funds whenever advances of funds are used. 2. Separation of project files by GOSC project numbers for easy access and review. Supervisor Tupper spoke briefly about the conference he attended in Niagara Falls regarding Community Development Block Grants. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Patrick Reidy, Cortland County Soil & Water Conservation District, to Linda Hartsock, Director of the Cortland County BDC/IDA, regarding his review of the Draft Environmental Impact Statement for the Build Now NY project. All voting aye, the motion was carried. Councilman Rocco questioned Water & Sewer Sup't. Peter Alteri whether Mr. Reidy's concern with the pumping capacity for the Build Now NY site was valid. He also questioned whether the Town would need another well as a result of the project. Water & Sewer Sup't. Alteri believed that Mr. Reidy had a valid concern. He wanted to ensure the Build Now NY project was designed based on the Town operating its wells at full capacity. Water & Sewer Sup't. Alteri apprised the Board the Town currently alternates usage of its two wells. Mr. Reidy wanted the IDA and the Town to be aware that the pumping capacity could be affected. Supervisor Tupper commented that according to Linda Hartsock, Build Now NY would not be at "full build -out" for approximately ten to twenty years. If the park is occupied by office buildings rather than industrial uses, there should not be a problem with the wells. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Deputy Supervisor Testa to Assemblywoman Barbara Lifton regarding the grant for the Cortlandville Starr Road Park & Recreation Center; the new traffic signal at the intersection of NYS Route 13 and McLean Road; and regarding the Town's concern with the speed limit on NYS Route 13. All voting aye, the motion was carried. There was discussion regarding the Town's position on the County removing the 4% home heating fuel tax. Although the Board does not have a vote on the matter, the County questioned whether the Town would support the exemption. Deputy Supervisor Testa represented the Town at the County meeting and explained that the Town is not in a position to support the exemption as it would cause a loss in the Town's revenue. The Board would look into other options to assist citizens in need, especially those who are in jeopardy of having their heat shut off. The Board would also review the City of Cortland's plan. Supervisor Tupper would notify the County Legislature that the Town would not support the exemption. OCTOBER 19, 2005 TOWN BOARD MEETING PAGE 5 Councilman Rocco, who is also Town Historian, apprised the Board he has been working very hard on the new sign for the Raymond G. Thorpe Municipal Building along with Town resident Jane Zogg, who designed the Town seal, and Sunshine Sign Company. Councilman Rocco explained that the Board was being asked to transfer the Historian's salary to the contractual account to help pay for the new sign. RESOLUTION #198 AMEND 2005 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $5,076.68 FROM TOWN HISTORIAN A7510.1 TO A7510.4 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: Councilman O'Donnell Aye Councilman Testa Aye Councilman Proud Aye Councilman Rocco Abstain ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to amend the 2005 Budget by transferring $5,076.68 from Town Historian A7510.1 to A7510.4, and it is further RESOLVED, the 2005 Budget is hereby amended. Attorney Folmer reported: Escrow Account Contract with Wal-Mart: Attorney Folmer apprised the Board they were in receipt of a contract from Wal-Mart to establish an escrow account to pay the costs for the SEQR review for the Wal-Mart Supercenter PUD application. The costs for the SEQR review would be paid as they are incurred by the Town's engineering firm, Clough, Harbour & Associates. Attorney Folmer explained that the "SEQR regulations provide that if you decide to retain an outside consultant, the applicant is required to pay the reasonable charges incurred by that consultant." Attorney Folmer requested the Board adopt a resolution to authorize the Supervisor to accept the contract when the financial figures are in the correct amount. RESOLUTION #199 ACCEPT CONTRACT BETWEEN WAL-MART AND THE TOWN OF CORTLANDVILLE TO ESTABLISH AN ESCROW ACCOUNT FOR THE WAL-MART SUPERCENTER PLANNED UNIT DEVELOPMENT SEQR REVIEW Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the contract between Wal-Mart and the Town of Cortlandville to establish an escrow account for the Wal-Mart Supercenter Planned Unit Development SEQR review, and it is further RESOLVED, the Supervisor is hereby authorized and directed to execute the contract once approved by the Town Attorney. OCTOBER 19, 2005 TOWN BOARD MEETING PAGE 6 Build Now NY SEQR Review — Correspondence from Patrick Reidy, SWCD: Attorney Folmer briefly discussed the correspondence from Patrick Reidy, of the Soil & Water Conservation District regarding the SEQR review for Build Now NY. As discussed earlier in the meeting, Mr. Reidy was concerned that the project would put stress on the Town wells. Attorney Folmer stated he would forward a copy of the correspondence to James Trasher, of Clough, Harbour & Associates, as well as to Attorney Kelly Pronti of Harter, Secrest & Emery representing Wal-Mart. Attorney Folmer commented that if the Build Now NY park would cause a significant drain in that area of Route 13, and if residents in Walden Oaks have already expressed problems with water pressure, then both James Trasher and Wal-Mart representatives should be aware of the concerns. Attorney Folmer apprised the Board he would be attending the annual dinner for the 7 Valley Council on Alcoholism. The group would be presenting the first Carol Folmer Memorial Award, honoring an individual who has been instrumental in the group. Mr. Renzi questioned what the status was regarding the zoning violation of Mr. Berlew for property located off of NYS Route 281. Attorney Folmer apprised Mr. Renzi there was nothing to report as he had to discuss the issue with CEO Bruce Weber. Moratorium on Planned Unit Development: Attorney Folmer apprised the Board that Walt Kalena of Clough, Harbour & Associates would attend the next Planning Board meeting to present information regarding Planned Unit Developments (PUD) and the two categories of PUDs named by the State: residential and commercial. Mr. Kalena would also discuss any of the Planning Board's concerns regarding what should be included in the revision of the PUD section of the Town Code. The Moratorium on PUDs was still in effect. Councilman O'Donnell requested the Board convene to an Executive Session to discuss the acquisition of property. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session to discuss the acquisition of property. All voting aye the motion was carried. The meeting was recessed at 5:45 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco 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 6:15 p.m. Z ctfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville