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HomeMy WebLinkAbout02-15-20063o FEBRUARY 15, 2006 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, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Members, Nick Renzi and James Bugh; Attorney Mike Shafer and Mike Chernago representing N.C.W.P. LLC.; John Carroll; Corey Preston; W. Karl Lindhorst; Representatives of C.A.P.E.: Richanna Patrick, Catherine Smith, Jamie Dangler, Grace Meddaugh; Sharon Stevans for Channel 2, Access TV; and News Reporter, Eric Mulvihill from WXHC. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of December 21, 2005 and January 4, 2006 were presented to the Board for their review. RESOLUTION #46 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY 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 # 64 - 90 $ 60,004.24 General Fund B B 18 - B24 $ 2,287.93 Highway Fund DB D42 - D61 $ 6,771.32 Water Fund W26 - W38 $ 25,829.26 Sewer Fund S 13 - S 15 $ 2,491.23 Supervisor Tupper offered privilege of the floor to Attorney Mike Shafer. Attorney Mike Shafer, representing N.C.W.P., LLC stated that in December of 2005 the Board granted a Zoning Amendment for the 26-acre parcel located off of NYS Route 13, which changed the classification from Industrial to B-3. However, an Article 78 Proceeding was filed against the Town regarding the enactment of the Zoning Ordinance, which ultimately resulted in Judge O'Brien setting aside the Zoning Ordinance, which created the B-3 zone. According to Attorney Shafer, because nobody challenged the Board's action regarding the zone change of N.C.W.P., LLC it could be presumed constitutional, and an appropriate legislative action. Attorney Shafer formally requested clarification from the Board on the status of the parcel. Supervisor Tupper offered privilege of the floor to Highway Sup't. Carl Bush. Highway Sup't. Bush apprised the Board they were in receipt of his comments regarding the request to reduce the speed limit on Bennie Road from 55 mph to 45 mph. He explained that there are many sight distance problems on the road due to the numerous curves, valleys and hills. Highway Sup't. Bush requested the Board forward the request to the County who could in turn make the request to the NYS DOT. RESOLUTION 447 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON BENNIE ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 32 FEBRUARY 15, 2006 TOWN BOARD MEETING PAGE 2 WHEREAS, a request was received from the Town's Highway Superintendent Carl Bush, to reduce the speed limit on Bennie Road to 45 mph from NYS Route 13 to NYS Route 215, and WHEREAS, Bennie Road is a town highway, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct this request be sent to the NYS DOT for approval, via the Cortland County Highway Superintendent for their input, as required. Councilman Proud questioned whether there had ever been discussion regarding the intersection of Bennie Road and South Cortland -Virgil Road with NYS Route 13 and reconfiguring the roads. Highway Sup't. Bush stated he would inquire at the County level. The monthly reports of the Supervisor for the month of December 2005, and for the Water & Sewer Department and Town Justice for the month of January 2006 was on the table for review and is filed in the Town Clerk's office. RESOLUTION #48 ACCEPT ANNUAL REPORT OF THE WATER AND SEWER DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Water and Sewer Department for the year of 2005 is hereby accepted, and shall be received and filed. Supervisor Tupper apprised the Board that Fran Pizzola sent correspondence to the State supporting the Town with regard to construction of sidewalks along NYS Route 13. She sited the need for sidewalks for those who are handicapped as well as for bicyclists. Town Clerk Snyder apprised the Board she received correspondence from Pomeroy, Armstrong & Castillo, LLP regarding the intent of the Walden Oaks Country Club, Inc. to renew its liquor license. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Pomeroy, Armstrong & Castillo, LLP regarding the intent of the Walden Oaks Country Club, Inc. to renew its liquor license with the New York State Liquor Authority, for property located at 3369 Walden Oaks Boulevard. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board she contacted the Cortlandville Fire Department and reserved the meeting room for the March 1, 2006 Public Hearing regarding the Wal-Mart Supercenter DEIS at 5:00 p.m. Attorney Folmer reported: Request for Executive Session: Attorney Folmer had nothing to report, however he noted that an Executive Session would be held to discuss pending litigation, as well as the decision made by Judge O'Brien in the Article 78 Proceeding, C.A.P.E. et. al. vs. Town of Cortlandville et. al. 3- 7. FEBRUARY 15, 2006 TOWN BOARD MEETING PAGE 3 Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Attorney Edmund J. Hoffman, Jr. inviting members of the Town Board and other Town officials, to tour the Gutchess Lumber Co. Inc. facility. All voting aye, the motion was carried. RESOLUTION #49 AUTHORIZE SUPERVISOR TO SIGN INSTALLATION AGREEMENT WITH SENTRY ALARMS, LLC TO CONNECT EXISTING FIRE ALARM SYSTEM IN THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the installation agreement with Sentry Alarms, LLC to connect the existing fire alarm in the Raymond G. Thorpe Municipal Building. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Andrew Miner, 3275 Walden Oaks Boulevard, dated February 12, 2006, regarding the proposed Wal-Mart Supercenter. All voting aye, the motion was carried. Supervisor Tupper questioned whether there were any further comments. Planning Board member, Nick Renzi questioned whether the Board would conduct a Regular Town Board Meeting on March 1, 2006 prior to the Public Hearing regarding the Wal- Mart Supercenter DEIS. He also questioned whether a podium and microphone would be available for the Public Hearing. Supervisor Tupper apprised Mr. Renzi the Board would conduct a short meeting prior to the Public Hearing to authorize payment of the bills. A podium and sound system would be available for the Public Hearing. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The meeting was recessed at 5:15 p.m. The following information was received from the Supervisor's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. There was discussion regarding the decision rendered by Judge O'Brien regarding the Article 78 Proceeding, C.A.P.E. et. al. vs. Town of Cortlandville et. al. Although the Board has the right to appeal the decision made by Judge O'Brien to the Supreme Court Appellate Division, the Board decided it would not appeal the decision. Instead, Attorney Folmer stated the Board would work to address the problems that Judge O'Brien found in the enactment of the Town's Zoning Ordinance. At a later date the Board would schedule a public hearing to discuss the ordinance in general, and the lot coverage portion of the ordinance specifically. The Board would also give a SEQRA type notice of the public hearing as opposed to an ordinary public hearing notice relative to the enactment of a local law. The Board did not determine the date of a public hearing at this time regarding a Zoning Text Amendment. Due to the Wal-Mart Supercenter public hearings, the Board decided it would be a difficult burden to conduct both public hearings simultaneously. 1 1 1 FEBRUARY 15, 2006 TOWN BOARD MEETING PAGE 4 33. Supervisor Tupper questioned whether there were any further comments. Jamie Dangler, representing C.A.P.E., questioned whether the Board was certain that the Public Hearing for the Wal-Mart Supercenter DEIS on March 1, 2006 would be recessed and continued at a later date. She questioned whether every person wishing to be heard should attend the first public hearing. Attorney Folmer apprised Mrs. Dangler the public hearings would be limited to 2-hour sessions. At the March 1, 2006 public hearing, the opening comments would be made by the applicant, which would last approximately 30 minutes. After the applicant is heard the involved agencies would be given the opportunity to speak. Next, the interested agencies would be given the opportunity to be heard (C.A.P.E. and the Walden Oaks Homeowners Association), which would be followed by comments from the general public. At the conclusion of the first 2-hour public hearing, the Board would recess the hearing to another date and would continue to do so until all comments had been heard. In addition, the public comment period would remain open for ten days after the conclusion of the public hearing. Attorney Folmer informed Mrs. Dangler that at the public hearing Town Clerk Snyder would have a sign -in sheet for attendance and a separate sign-up sheet for those who wished to speak. Mrs. Dangler questioned whether there would be a time limit on public comments. Attorney Folmer did not indicate there would be a time limit because the Board did not want to stifle comments. However, if comments became redundant the speaker may be asked to move on. Planning Board Member, James Bugh, questioned whether a second public hearing date was established in the event that the first public hearing was not sufficient. Attorney Folmer commented that the availability of the Fire Station needed to be checked, which Town Clerk Snyder would do. The Board could continue the public hearing the following Wednesday, March 8, 2006, and then March 15, 2006 if necessary. Councilman Rocco suggested the Board conduct the public hearings on consecutive evenings such as Wednesday, Thursday and Friday. While the March 1, 2006 public hearing had already been scheduled, the Board agreed the continuation of the public hearing would tentatively be held Thursday, March 2, 2006, and the following Wednesday, March 8, 2006. The additional hearing dates would depend on the availability of the Fire Station meeting room and the availability of the stenographer, and would therefore be adjusted as needed. No further comments or discussion were heard. 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 6:10 p.m. u Respe fully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville