HomeMy WebLinkAbout11-16-2005NOVEMBER 16, 2005
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
KIMCO REALTY, LLC. FOR PIONEER CORP.
NYS ROUTE 281
TAX MAP 495.16-01-21.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an Aquifer Protection Permit application submitted by KIMCO Realty, LLC. for property owned
by Pioneer Corp., permitting the construction of a new 1,840 sq. ft. Dunkin' Donuts restaurant
including drive-thru lane and accessory parking. The property is located on the east side of NYS
Route 281 and west side of NYS Route 13, approximately 275 ft. northeast of the intersection of
NYS Route 13 and NYS Route 281, in the Town of Cortlandville, tax map parcel #95.16-01-
21.000.
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: Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi;
Patrick Reidy from the Cortland County Soil & Water Conservation District; David Yaman of
David Yaman Real Estate; Roger Whelan from Whelan & Curry Construction Services, Inc.; Bob
Abbott, Architect for KIMCO Realty, LLC., Attorney Mike Shafer representing Bestway
Enterprises; Representative of C.A.P.E., Grace Meddaugh; 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 Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
Bob Abbott, Architect for KIMCO Realty, LLC., apprised the Board the applicant
received approval from the Town Planning Board with the condition that they satisfy the final
drainage requirements, which was done. Mr. Abbott also noted that the applicant received
approval from the NYS DOT and approval for signage.
Planning Board member, Nick Renzi commented that Patrick Reidy of the Cortland
County Soil & Water Conservation District reviewed the changes to the drainage plan and issued
a memo stating that the drainage conforms to the requirements.
No further comments or discussions were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to close the public
hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:03 p.m.
NOVEMBER 16, 2005
5:03 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
WHELAN & CURRY CONSTRUCTION SERVICES, INC.
FOR PROPERTY OWNED BY PROP. INC.
LUKER ROAD
TAX MAP #86.17-01-01.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an Aquifer Protection Permit application submitted by Whelan & Curry Construction Services,
Inc. for property owned by Prop. Inc., permitting the removal of two existing buildings with a
total size of 7,176 sq. ft. to be replaced by a single 15,000 sq. ft. building. The property is
located on the northwest side of Luker Road, approximately 600 ft. southwest of NYS Route 281
in the Town of Cortlandville, tax map parcel #86.17-01-01.000.
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: Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi;
Patrick Reidy from the Cortland County Soil & Water Conservation District; David Yaman of
David Yaman Real Estate; Roger Whelan from Whelan & Curry Construction Services, Inc.; Bob
Abbott, Architect for KIMCO Realty, LLC., Attorney Mike Shafer representing Bestway
Enterprises; Representative of C.A.P.E., Grace Meddaugh; 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 Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
Planning Board member, Nick Renzi, apprised the Board that the Planning Board
recommended approval of the Aquifer Protection Permit contingent upon three recommendations
made by the County Planning Board.
No further comments or discussions were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to close the public
hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:06 p.m.
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NOVEMBER 16, 2005
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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:
1. .
Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Others present were: Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi;
Patrick Reidy from the Cortland County Soil & Water Conservation District; David Yaman of
David Yaman Real Estate; Roger Whelan from Whelan & Curry Construction Services, Inc.; Bob
Abbott, Architect for KIMCO Realty, LLC., Attorney Mike Shafer representing Bestway
Enterprises; Representative of C.A.P.E., Grace Meddaugh; 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 19, 2005 and November 2, 2005 were
submitted to the board for their review.
RESOLUTION #210 AUTHORIZE PAYMENT OF VOUCHERS—NOVEMBER
Motion by Councilman O'Donnell
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 #579 - 635
$
72,083.83
General Fund B
B135 - B137
$
6,032.36
Highway Fund DB
D442 - D460
$216,730.81
Water Fund
W 197 - W211
$
18,916.23
Sewer Fund
S98 - 5106
$
21,204.63
Trust & Agency
T12 - T12
$
33,129.93
Capital Projects
H109 - H115
$
1,466.59
Supervisor Tupper offered privilege of the floor to those in attendance.
Mr. Renzi questioned the status of the violation of Dave Berlew for property located on
NYS Route 281.
Supervisor Tupper apprised Mr. Renzi the Town sent two letters to Mr. Berlew. CEO Bruce
Weber contacted the State to determine whether the State or the Town would commence legal
action. The Town received two complaints from the City of Cortland regarding drainage problems
for City residents because of Mr. Berlew's actions. Mr. Berlew was given a "cease and desist
order" from the Zoning Board which has been ignored.
Councilman Rocco apprised the Board he attended a meeting held by the Airport
Transportation Committee regarding the County's plan to expand the airport. The County's
engineering firm, CNS, is preparing a plan to be presented to the public on December 7, 2005
between 6:00-8:00 p.m. at the IDA/BDC located at 37 Church Street in the City of Cortland.
Councilman Rocco urged interested residents concerned with an expansion of the airport to attend
the meeting. The proposed expansion would include an increase in the length of the runway from
3400 ft. to 4000 ft. and a crosswind runway.
It was Councilman Rocco's opinion that the airport is a "recreational airport" that does not
require "4000 ft. to land the planes that are operating out of this airport."
Councilman Testa questioned whether the public was aware that the meeting would be
taking place.
According to Councilman Rocco the newspaper would publish an article regarding the
meeting.
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NOVEMBER 16, 2005 TOWN BOARD MEETING PAGE 2
Mr. Renzi apprised the Board the Final Draft Environmental Impact Statement for the
Build Now NY site was complete and available for review. The Draft EIS reflects answers to all
the comments made during the public hearing process.
The monthly report of the Supervisor for the month of October 2005 was on the table for
review and is filed in the Town Clerk's Office.
The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer
Protection Permit submitted by KIMCO Realty, LLC. for property located on NYS Route 281,
owned by Pioneer Corp.
RESOLUTION #211 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #8 OF 2005 SUBMITTED BY KIMCO
REALTY, LLC. FOR PROPERTY LOCATED OFF OF NYS
ROUTE 281 OWNED BY PIONEER CORP.
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by KIMCO Realty, LLC. for
property owned by Pioneer Corp., located on the east side of NYS Route 281 and west side of NYS
Route 13, approximately 275 ft. northeast of the intersection of NYS Route 13 and NYS Route 281,
permitting the construction of a new 1,840 sq. ft. Dunkin' Donuts restaurant including drive-thru
lane and accessory parking, tax map #95.16-01-21.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
KIMCO Realty, LLC., Aquifer Protection Permit #8 of 2005, shall have no significant
environmental impact.
RESOLUTION #212 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #8 OF 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #8 of 2005, submitted by KIMCO Realty, LLC.
for property owned by Pioneer Corp.
RESOLUTION #213 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2005
SUBMITTED BY KIMCO REALTY, LLC. FOR PROPERTY
LOCATED OFF OF NYS ROUTE 281 OWNED BY PIONEER
CORP. SUBJECT TO CONDITIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
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NOVEMBER 16, 2005 TOWN BOARD MEETING
PAGE 3
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #8 of 2005,
submitted by KIMCO Realty, LLC. for property owned by Pioneer Corp., located on the east side of
NYS Route 281 and west side of NYS Route 13, approximately 275 ft. northeast of the intersection
of NYS Route 13 and NYS Route 281, permitting the construction of a new 1,840 sq. ft. Dunkin'
Donuts restaurant including drive-thru lane and accessory parking, tax map parcel #95.16-01-
21.000, subject to the following conditions:
1. The applicant adding another exit lane onto NYS Route 13 to provide separate lanes
for vehicles exiting northbound and southbound onto NYS Route 13 to avoid the
queuing of vehicles on site attempting to turn south onto NYS Route 13 or attempting
to access the drive-thru window from the NYS Route 281 entrance while waiting for
northbound vehicles to exit the site onto NYS Route 13
2. A NYS Department of Transportation (DOT) curb cut permit being obtained for the
driveway entrances onto NYS Routes 13 & 281.
The applicant preparing a stormwater pollution prevention plan for the site per the
Town's stormwater ordinance as there would be more than 10,000 sq. ft. of
irizpervious surface on the site. This stormwater pollution prevention plan must
include a maintenance schedule for the two dry wells (rain filter system) for capturing
parking lot runoff.
4. Review and approval of the stormwater pollution prevention plan by the County Soil
& Water Conservation District.
5. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) if more than one acre of land is disturbed as part of this proposal
as per the NYS Phase II stormwater regulations.
6. The dumpster area being properly screened so as to not be visible from NYS Route
13.
7. The Town weighing the benefit to the applicant of the additional wall mounted sign
vs. the health, safety, and welfare of the community/neighborhood as is required
before any bulk variance may be granted.
The applicant demonstrating that there are unnecessary hardships in the way of
carrying out the strict letter of the Town of Cortlandville Zoning Law as is required
before any use variance (wall sign illumination) may be granted.
9. A food service permit being obtained from the County Health Department.
10. Approval of the connection to the public water and public sewer by the County
Health Department via application to the Town.
11. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer
Protection Permit submitted by Whelan & Curry Construction Services, Inc. for property located
off of Luker Road owned by Prop. Inc.
RESOLUTION #214 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #9 OF 2005 SUBMITTED BY
WHELAN & CURRY CONSTRUCTION SERVICES, INC.
FOR PROPERTY LOCATED ON LUKER ROAD OWNED
BY PROP. INC.
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
NOVEMBER 16, 2005 TOWN BOARD MEETING PAGE 4
WHEREAS, an Aquifer Protection Permit application was submitted by Whelan & Curry
Construction Services, Inc. for property owned by Prop. Inc., located on the northwest side of
Luker Road, approximately 600 ft. southwest of NYS Route 281, tax map #86.17-01-01.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Whelan & Curry Construction Services, Inc., Aquifer Protection Permit #9 of 2005, shall have
no significant environmental impact.
RESOLUTION #215 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #9 OF 2005
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #9 of 2005, submitted by Whelan & Curry
Construction Services, Inc. for property owned by Prop. Inc.
RESOLUTION #216 APPROVE AQUIFER PROTECTION PERMIT #9 OF 2005
SUBMITTED BY WHELAN & CURRY CONSTRUCTION
SERVICES, INC. FOR PROPERTY LOCATED ON LUKER
ROAD OWNED BY PROP. INC. SUBJECT TO CONDITIONS
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #9 of 2005,
submitted by Whelan & Curry Construction Services, Inc. for property owned by Prop. Inc., located
on the northwest side of Luker Road, approximately 600 ft. southwest of NYS Route 281, tax map
parcel #86.17-01-01.000, subject to the following conditions:
The existing stormwater pollution prevention plan for the site being updated to
incorporate the proposed site changes.'
2. That all groundwater monitoring data be sent to the County Health Department.
3. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Roger Whelan, representing Whelan & Curry Construction Services, Inc., apprised the
Board they retained the services of Buck Engineering to update the existing stormwater plan, which
would be completed after the project is built. Mr. Whelan explained there would be no impact on
the storm system because they would actually be decreasing the amount of impervious surface area
at the site.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
correspondence from Water & Sewer Sup't. Peter Alteri to Steven Eckler of O'Brien & Gere,
regarding the Build Now NY park and Mr. Eckler's questions regarding the capacity of the existing
water system. All voting aye, the motion was carried.
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NOVEMBER 16, 2005 TOWN BOARD MEETING PAGE 5
There was discussion regarding the annual contracts for the Cortland Free Library, Lamont
Memorial .Free Library, Cortland Youth Bureau, and the Homer Recreation Department. The Board
determih6d the 2006 contractual amounts for the four organizations because they requested an
increase from their 2005 contractual amount. In the future, the Board suggested the organizations
take part in the Town's budget discussions at which point they could present the Board with more
information as to why the requested amount is needed.
2005 Contract
2006 Request
2006 Contract
Cortland Free Library:
$66,000
$75,000
$75,000
Lamont Memorial Free Library:
$12,000
$15,000
$13,800
Cortland Youth Bureau:
$15,000
$17,500
$17,250
Homer Recreation"b'opartment:
$ 7,500
$13,761
$ 8,625
Supervisor Tupper commented that the 2006 tax rate would be $3.53 per thousand.
According to the 2006 preliminary budget the tax rate would have been $3.77, while the 2005 tax
rate was $4.60. He explained that the budget included funding for the construction of the Starr
Road Park & Recreation Center, and $500,000 for the courtroom expansion.
RESOLUTION #217 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2006
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, on the 2nd day of November, 2005 the Town Board of the Town of Cortlandville,
held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the
benefit tax on benefited properties in the Town Sewer Improvement District, approved by the
Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2006, and
having heard all persons in favor of, or against any items therein contained, therefore
BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby
adopted and established as the annual budget of this Town for the fiscal year beginning January
O1, 2006, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further
RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law,
duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the
benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section
202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the
Town and the Supervisor shall present the copies of the annual budget to the Legislature of
Cortland County within ten days after his receipt thereof from the Clerk.
Town Clerk Snyder apprised the Board they had information in their packets pertaining to
an upcoming teleconference at the County Office Building and a conference to be held in Albany
this January 2006 for newly elected and continuing town officials.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
correspondence from Attorney Folmer to Walter Kalina from Clough, Harbour & Associates
regarding the PUD Ordinance update for the Town. All voting aye, the motion was carried.
RESOLUTION #218 APPOINT DELEGATE AND ALTERNATE TO VOTE AT
THE ASSOCIATION OF TOWNS ANNUAL MEETING
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Code Enforcement Officer, Bruce Weber, is hereby appointed as Delegate, and
Town Clerk, Karen Q. Snyder, is hereby appointed as Alternate, to represent the Town of
Cortlandville at the Association of Towns Annual Meeting, to be held in New York City in
February, 2006.
NOVEMBER 16, 2005 TOWN BOARD MEETING PAGE 6
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Senator James L. Seward to Deputy Supervisor Testa, regarding the
legislative initiative for the 2006-2007 State budget year. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from James Trasher, PE of Clough, Harbour & Associates to Attorney Mike
Shafer of Riehlman, Shafer & Shafer regarding the on -site construction issues for the Starr Road
Park & 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 the State of New York Public Service Commission regarding the
"Proceeding on Motion of the Commission to Examine Telephone Network Reliability." All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Mary Cotter, President, Syracuse Division of Time Warner Cable,
regarding an agreement with Comcast. All voting aye, the motion was carried.
RESOLUTION #219 REESTABLISH PAY SCHEDULE FOR THE CUSTODIANS OF
THE ELECTION VOTING MACHINES FOR THE YEAR 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #08 of 2005 the Town Board established the pay schedule for
custodians at $22.00 which was later increased by the Cortland County Board of Elections,
therefore
BE IT RESOLVED, the appointed Custodians of the election voting machines for the year 2005
shall be paid $30.00 per machine to set up and take down.
RESOLUTION #220 AMEND 2005 BUDGET AND AUTHORIZE SUPERVISOR TO
TRANSFER $50,870.00 FROM HIGHWAY FUND (DB) TO
THE HIGHWAY CAPITAL RESERVE FUND
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to amend the 2005 Budget
by transferring $50,870.00 from the Highway Fund (DB) to the Highway Capital Reserve Fund,
and it is further
RESOLVED, the Highway Capital Reserve Fund is hereby increased to $150,257.51and it is
further
RESOLVED, the 2005 Budget is hereby amended.
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 5:40 p.m.
Respectfully submitted,
lam"
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville