HomeMy WebLinkAbout03-15-2006100
MARCH 15, 2006
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CORTLAND MEMORIAL HOSPITAL
NYS ROUTE 281/KINNEY GULF ROAD
TAX MAP #86.13-01-14.100, 15.000, 16.000 & 17.000
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 Cortland Memorial Hospital, permitting
the renovation of the 4,000 sq. ft. former Rusty Nail Restaurant building, and the construction of a
3,625 sq. ft. addition onto the existing building for use as an outpatient dialysis center, for properties
located at the northwest corner of NYS Route 281 and Kinney Gulf in the Town of Cortlandville,
tax map #86.13-01-14.100, 15.000, 16.000 & 17.000.
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 Kelly Pronti from Harter Secrest & Emery,
LLP, representing Wal-Mart; Todd Markevich from APD Engineering representing Wal-Mart; Jim
and Barb Dady, 3995 Kinney Gulf Rd.; Theresa and Richard Henry, 4046 Collegeview Dr.; John
Laubscher representing Cortland Memorial Hospital; Joseph Reagan representing Cortland
Regional Sports Council; Representatives of C.A.P.E.: Robert and Norma Rhodes, Jan Thomsen,
Catherine D. Smith, Dr. Arthur and Dr. Patricia Shedd, Grace Meddaugh, Arnold Talentino, and
Andrea Rankin.
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 John Laubscher.
John Laubscher representing the Cortland Memorial Hospital explained the plans for the
proposed outpatient dialysis center, which would be called the "West Road Campus". He
explained that the 3,500+ sq. ft. addition to the original Rusty Nail Restaurant building would be
added to the back end of the building. Some of the existing parking would be eliminated and
turned into greenspace for stormwater management. Mr. Laubshcer apprised the Board the road
would be extended behind the existing "Imaging Center" to feed traffic into the building and to
reduce the number of entrances off of Route 281 to one entrance.
Councilman O'Donnell pointed out there would be more greenspace and reduced parking
compared to the current layout of the parcels.
Councilman Rocco commented that the project would be beneficial to many people in the
area who have to travel to Syracuse for dialysis. He questioned who would own the proposed
medical center.
Mr. Laubscher apprised the Board the Hospital owned the properties and had an affiliate
for the project, which is St. Joseph's Hospital out of Syracuse, New York.
Councilman Rocco commented that there seemed to be excess signage, which he did not
believe was necessary.
Mr. Laubscher explained that marketing was important to the Hospital because there is
competition. He explained that because of the state process and requirements, the building had
to be given a particular name. He stated it was prudent to have an entrance sign to the site
because they would be eliminating the current entrances to the properties. Mr. Laubscher
continued to explain the master plan for the site, including traffic changes.
Jim Dady, 3995 Kinney Gulf Road, apprised the Board his property is directly across the
street from the proposed facility. He questioned whether the existing line of pine trees, which
run parallel to Route 281 and act as a barrier between the neighborhood and the highway, would
be replaced with other trees. Mr. Dady expressed his concerns regarding lighting in the proposed
parking lot and around the new signs, as well as an increase in traffic on Kinney Gulf Road after
Phase II and Phase III of the proposed project.
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MARCH 15, 2006 PUBLIC HEARING NO. 1 PAGE 2
101.
Mr. Laubscher apprised Mr. Dady the property would be buffered by pine trees and a
building. He explained the height of the new signs would be at most 8' tall instead of the
existing sign to the Rusty Nail, which is 20' tall. The lighting would be directed to the ground.
With regard to an increase in traffic, Mr. Laubscher explained that roughly 1 % of the population
within a 20 to 30 mile radius would need the type of service being provided by the Hospital;
between 50 to 70 people. He explained that approximately 10 people would use the facility in
the morning, and then another 10 people would use the facility in the afternoon. While activity
would be continual, he stated it would not be substantial. Mr. Laubscher estimated that 45 cars
would utilize the dialysis facility between .8:00 a.m. and 6:00 p.m., rather than the 100+ cars
under the previous use. In addition, he informed Mr. Dady that the proposed site has
approximately 65 total parking spaces.
Barb Dady voiced her concern that traffic would increase on Kinney Gulf Road because
people using the existing Imaging Center would be able to exit onto Kinney Gulf Road, which is
currently not possible.
Mr. Laubscher apprised Mrs. Dady that the current curb cut onto Kinney Gulf Road is
about 40'.
Councilman Rocco questioned whether there was anything particular that the residents of
Kinney Gulf Road were looking for from the applicant.
Supervisor Tupper stated that the Hospital's applications were already passed by the
Town Planning Board. It was his understanding that the Hospital had been fairly reasonable
trying to help the neighbors with their requests.
Arnold Talentino questioned why it was necessary to remove the trees on the site.
Mr. Laubscher explained they would only be removing a small portion of the evergreen
trees; about 1 '/2 acres. The trees would be removed away from the building, however hardwood
trees would be planted.
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 5:20 p.m.
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MARCH 15, 2006
5:20 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 Kelly Pronti from Harter Secrest & Emery,
LLP, representing Wal-Mart; Todd Markevich from APD Engineering representing Wal-Mart; Jim
and Barb Dady, 3995 Kinney Gulf Rd.; Theresa and Richard Henry, 4046 Collegeview Dr.; John
Laubscher representing Cortland Memorial Hospital; Joseph Reagan representing Cortland
Regional Sports Council; Representatives of C.A.P.E.: Robert and Norma Rhodes, Jan Thomsen,
Catherine D. Smith, Dr. Arthur and Dr. Patricia Shedd, Grace Meddaugh, Arnold Talentino, and
Andrea Rankin.
Supervisor Tupper called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortlandville Planning Board Minutes of January 31, 2006. All voting aye, the motion
was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortlandville Zoning Board of Appeals Minutes of January 31, 2006. All voting aye, the
motion was carried.
Draft Town Board Minutes of February 1, 2006 and February 15, 2006 were presented to
the Board for review.
RESOLUTION #53 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #I I I - 141
$151,165.85
General Fund B
B29 - B31
$ 2,925.40
Highway Fund DB
D79 - D 106
$ 14,440.90
Water Fund
W45 - W54
$ 7,291.89
Sewer Fund
S 19 - S24
$ 1,294.17
Supervisor Tupper offered privilege of the floor to Susan Harris.
Susan Harris, 4495 Route 281, thanked the Board for their efforts in getting the NYS
DOT to work on the culvert near her property on NYS Route 281. However, she apprised the
Board she recently had "the worst flood yet" which was "deeper, longer, and more severe than
the flood we had last year on the property." She asked the Board to take the same emergency
measures as they did last year to reduce the overflow of the catch basin above her property.
Highway Sup't. Bush stated they were able to reduce the flow coming out of the catch
basin.
Supervisor Tupper apprised Ms. Harris he spoke to the NYS DOT, who will not do any
repairs to the culvert and catch basins until winter is over.
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MARCH 15, 2006 TOWN BOARD MEETING PAGE 2
Planning Board member, Nick Renzi apprised the Board the Sprague's, 1219 Davinci
Drive, were also affected by the recent flood. He commended Highway Sup't. Bush and his
employees for their hard work unblocking the retention basin above the Sprague's home. Mr.
Renzi stated that in addition to 1V�Is. Harris' property there is a major problem in the Renaissance
Development, which must be studied..:
The monthly reports of the Town Clerk, Tax Collector, and Water & Sewer Department
for the month of February, the SPCA for the month of January, and the Supervisor for the
months of December 2005 (corrected), and January and February 2006 were on the table for
review and are filed in the Town Clerk's office.
Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit submitted by Cortland Memorial Hospital for properties
located the northwest corner of NYS Route 281 and Kinney Gulf Road.
RESOLUTION #54 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2006 SUBMITTED BY
CORTLAND MEMORIAL HOSPITAL FOR PROPERTIES
LOCATED AT THE NORTHWEST CORNER OF NYS ROUTE
281 AND KINNEY GULF ROAD
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Cortland Memorial
Hospital for properties located at the northwest corner of NYS Route 281 and Kinney Gulf Road,
permitting the renovation of the 4,000 sq. ft. former Rusty Nail Restaurant building, and the
construction of a 3,625 sq. ft. addition onto the existing building for use as an outpatient dialysis
center, tax map #86.13-01-14.100, 15.000, 16.000 & 17.000.
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
Cortland Memorial Hospital, Aquifer Protection Permit #2 of 2006, shall have no significant
environmental impact.
RESOLUTION #55 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #2 OF 2006
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #2 of 2006, submitted by Cortland Memorial
Hospital.
RESOLUTION #56 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2006
SUBMITTED BY CORTLAND MEMORIAL HOSPITAL FOR
PROPERTIES LOCATED AT THE NORTHWEST CORNER OF
NYS ROUTE 281 AND KINNEY GULF ROAD SUBJECT TO
CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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MARCH 15, 2006 TOWN BOARD MEETING PAGE 3
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 #2 of 2006,
submitted by Cortland Memorial Hospital for properties located at the northwest corner of NYS
Route 281 and Kinney Gulf Road, permitting the renovation of the 4,000 sq. ft. former Rusty Nail
Restaurant building, and the construction of a 3,625 sq. ft. addition onto the existing building for use
as an outpatient dialysis center, tax map #86.13-01-14.100, 15.000, 16.000 & 17.000, subject to the
following conditions:
The applicant obtaining a NYS Department of Transportation (DOT) curb cut permit
for the proposed driveway access on NYS Route 281.
2. The applicant obtaining approval of the County Highway Superintendent for the
proposed driveway access on Kinney Gulf Road upon the applicant submitting
driveway/culvert details to the County Highway Superintendent for review.
3. The applicant/Town consulting with the NYSDOT to determine if the proposed NYS
Route 281 expansion project will adversely impact this proposed development.
4. The applicant providing explanation to the Town regarding the necessity of having 86
parking spaces for this facility or the Town consider requiring reduction in the
number of parking spaces to provide for more greenspace on the site.
5. The applicant preparing a stormwater pollution prevention plan and obtaining
approval from the Town if it is determined by the Town that this application exceeds
the threshold established in the Town's stormwater ordinance. In addition, the Town
Planning Board is requesting approval of the Stormwater Management Plan by
Patrick Reidy of Cortland County Soil & Water Conservation District.
6. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) and preparing a stormwater pollution prevention plan for the site
as the proposal would disturb more than one acre of land.
7. The applicant receiving approval from the County Health Department for connections
to municipal water and sewer including an application for a back flow prevention
device for the public water supply.
8. The applicant applying for and receiving a bulk variance to allow more than two signs
on site.
9. The Town weighing the benefit of the increased number of signs to the applicant vs.
the health, safety, and welfare of the community/neighborhood as is required before
any bulk variance may be granted.
10. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
RESOLUTION #57 ACKNOWLEDGE RECEIVING THE COMPLAINT ON
TENTATIVE SPECIAL FRANCHISE ASSESSMENTS FOR
THE YEAR 2006
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
"Complaint on Tentative Special Franchise Assessments," regarding their current assessments
from New York State Electric & Gas Corporation for property located in the State of New York,
including the Town of Cortlandville.
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MARCH 15, 2006
TOWN BOARD MEETING
PAGE 4
Attorney Folmer reported:
Wal-Mart Supercenter DEIS:
Attorney Folmer apprised the Board the comment period for the Wal-Mart Supercenter
DEIS ended March 15, 2006 at 5:00 p.m. The 93 comments are all on file with the Town Clerk.
Attorney Folmer asked the Board to receive and file all 93 comments and make them part of the
SEQRA process with reference to the Wal-Mart application for approval of a PUD.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the 93 comments regarding the Wal-Mart Supercenter Draft Environmental Impact
Statement (DEIS). All voting aye, the motion was carried.
Attorney Folmer suggested the Board schedule a work session with Clough Harbour &
Associates LLP (CHA) to address and identify questions the Board wants reviewed in the Final
EIS. Attorney Folmer noted that while the meeting would be open to the public, the public
would not be permitted to speak at the Board's work session. The Board scheduled a work
session for March 29, 2006 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building.
Attorney Folmer explained that as a result of the public hearings, the comments, and the
work session, a Final Environmental Impact Statement would be prepared. The lead agency is
responsible for the preparation of a Final EIS and to determine that it is complete and accurate.
The responsibility would be shared with the Board and CHA. The applicant would prepare its
Final EIS and submit it to CHA for their review. If the Final EIS is determined not to be
complete and accurate it would be returned to the applicant. When CHA determines the Final
EIS is complete and accurate it would be filed with the Town.
Attorney Folmer reiterated that there is no time limit with regard to when the applicant
must prepare and file the Final EIS.
While the public comment period for the Wal-Mart Supercenter DEIS ended March 15,
2006 at 5:00 p.m., Attorney Folmer recommended the Board agree to accept any form of public
comment postmarked March 15, 2006.
RESOLUTION #58 ACCEPT COMMENTS REGARDING THE WAL-MART
SUPERCENTER DEIS POSTMARKED MARCH 15.2006
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall accept any and all public comments regarding the
Wal-Mart Supercenter DEIS that are postmarked March 15, 2006.
Robert Rhodes questioned whether there would be an opportunity for dialogue between
the public and the Board regarding the Wal-Mart Supercenter PUD application.
Attorney Folmer stated there would be an opportunity for dialogue between the Board
and the public after the submission of the Final EIS, prior to any determination being made with
regard to the SEQRA process itself, and with regard to the PUD application.
Speed Limit on McLean Road:
Attorney Folmer apprised the Board that on October 12, 2005 he sent correspondence to
the County Highway Department regarding reduction of the speed limit on McLean Road in the
area of the Lime Hollow Nature Center, running from Deerfield Heights to the
Cortland/Tompkins County line Although the correspondence was received, the County
Highway Department did not forward the request on to the State of New York because there was
no formal Board resolution. Attorney Folmer requested the Board adopt a resolution authorizing
the request, to reduce the speed limit on McLean Road.
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MARCH 15, 2006 TOWN BOARD MEETING PAGE 5
RESOLUTION #59 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
MCLEAN ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the Lime Hollow Center for Environment & Culture to
reduce the speed limit on McLean Road to 45 mph from Deerfield Heights to the
Cortland/Tompkins County line, and
WHEREAS, McLean Road is a State 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.
Road Dedication - Extension of Hedgemoor Drive:
Attorney Folmer apprised the Board that Weathervane Associates asked that you accept
the dedication of the balance of a road, the extension of Hedgemoor Drive, which is not yet
complete. The estimate for the completion of the road is $6,000.00, however Highway Sup't.
Bush was concerned that the amount was not sufficient. Therefore, Attorney Folmer requested
the Board adopt a resolution indicating you are prepared to accept the dedication as referenced
by Weathervane Associates, subject to approval by himself and Highway Sup't. Bush.
Councilman Rocco was concerned that after a road is dedicated to the Town significant
damage is done to the road as a result of the heavy equipment used by the builders to construct
houses. Ultimately, the Town has to spend money repairing the damaged road shortly after the
road is dedicated.
Councilman Proud suggested the developer warranty the road until the final house is
built, since a house cannot be sold until the road is dedicated.
Attorney Folmer was not sure how the developer could warrant or guarantee a road
because of variables the developer may have not control over, such as weather, traffic, or
drainage. A performance bond, which the developers may have, would not protect the
developers after the project is completed since the construction of the road is not measured in the
same time frame as the sale of every house on the lot.
Councilman Testa questioned whether the Town could hold a retainer for several years.
Attorney Folmer informed the Board he would research the matter.
RESOLUTION #60 ACCEPT ROAD DEDICATION OF EXTENSION OF
HEDGEMOOR DRIVE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall hereby accept the dedication of the extension of
Hedgemoor Drive, contingent upon receipt of the deposit of approximately $6,000, subject to the
conveyance of such deed, and subject to approval by the Town Attorney and Town Highway
Sup't.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Daniel Dineen, Cortland County Planning Department, regarding a
draft NYS Route 13 Transportation Corridor Report prepared by the NYS DOT. All voting aye,
the motion was carried.
Councilman Proud reiterated a point he made at a prior meeting regarding the
intersections of S. Cortland -Virgil Road and Bennie Road with NYS Route 13. He stated that
the intersection would be a problem with future development, and suggested the NYS DOT
review the two roads and the intersection with NYS Route 13.
Attorney Folmer stated that the subject would be raised with regard to the Wal-Mart
Supercenter DEIS.
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MARCH 15, 2006 TOWN BOARD MEETING PAGE 6
RESOLUTION #61 DECLARE THE MONTH OF APRIL AS FAIR HOUSING
MONTH IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of
1968 and the Fair Housing Amendments Act of 1988, and
WHEREAS, the month of April 2006 has been designated by the US Department of Housing and
Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month,
now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and
proclaims April as Fair Housing Month in the Town.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
amendment to Title 19 of the Official Compilation of Codes, Rules and Regulations of the State
of New York, Uniform Code: Minimum Standards for Administration and Enforcement. All
voting aye, the motion was carried.
RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL WITH
CLOUGH HARBOUR & ASSOCIATES LLP FOR THE
RENOVATIONS AND ADDITIONS TO THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
proposal with Clough Harbour & Associates LLP, dated February 22, 2006, for the renovations
and additions to the Raymond G. Thorpe Municipal Building.
There was a brief discussion regarding the request made by the Cortland Regional Sports
Council for the Town to become a partner in the Council.
Joseph Reagan, Chair of the Cortland Regional Sports Council, explained that the
Council is dedicated to promoting the Cortland region as a venue for regional, national, and
international sporting and recreational events, which also has a positive economic impact on the
Cortland area. Other partners include SUNY Cortland, the City of Cortland, Cortland County,
and the Inn Keepers Association.
Attorney Folmer suggested the Board table the request until the April 5, 2006 Town
Board Meeting to review the information.
RESOLUTION #63 TABLE REQUEST OF THE CORTLAND REGIONAL SPORTS
COUNCIL FOR THE TOWN OF CORTLANDVILLE TO
BECOME A PARTNER IN THE COUNCIL
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the request made by the Cortland
Regional Sports Council for the Town of Cortlandville to become a partner in the Council, which
would include a $7,500 allocation, until the April 5, 2006 Town Board Meeting.
MARCH 15, 2006 TOWN BOARD MEETING PAGE 7
RESOLUTION #64 AUTHORIZE SUPERVISOR TO AMEND THE 2006 BUDGET
TO ESTABLISH A NEW EXPENSE ACCOUNT AND TO
TRANSFER FUNDS TO THAT ACCOUNT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Board establish a new expense account to account for
the administrative fees for the Flex spending plan paid electronically to Paychex each month in
the amount of $132.50, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to establish a new expense
account A9089.8 Employee Benefit — Flex Administration Fees, and it is further
RESOLVED, the Supervisor it hereby authorized and directed to transfer $2,440.00 from
Contingency A1990.4 to Employee Benefit— Flex Administration Fees A9089.8, and it is further
RESOLVED, the 2006 Budget is hereby amended.
The following conversation is being reported verbatim for clarification and to show the
intent of the Town Board.
SUPERVISOR TUPPER: Authorization to refund sewer benefit tax. We have a property that
was over assessed for sewer for this year for $23.50.
COUNCILMAN ROCCO: Move the approval.
COUNCILMAN TESTA: Second it.
SUPERVISOR TUPPER: It's a double. We also need to according to Mr. Briggs to lower the
use from the 2.70 that it is this year to 1.95 for sewer and water.
COUNCILMAN TESTA: Move the approval.
COUNCILMAN O'DONNELL: Second.
SUPERVISOR TUPPER: Discussion. All those in favor.
EVERYONE: Aye.
SUPERVISOR TUPPER: Oppose. No one. Thank you.
RESOLUTION #65 AUTHORIZE REDUCTION OF SEWER BENEFIT TAX UNIT
CHARGE FOR PROPERTY OWNED BY NICHOLAS RENZI
AND ISSUE A REFUND
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Nicholas Renzi requesting the reduction of the Sewer
Benefit tax unit charge for the 2006 Town and County tax bill for property located at 1149
Davinci Drive, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that
there was a clerical error and recommended the reduction of the Sewer Benefit tax unit charge
from 2.90 to 2.70, therefore
BE IT RESOLVED, a refund in the amount of $23.51 for the sewer benefit tax shall be issued
when the 2006 Town and County tax bill is paid, and it is further
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MARCH 15, 2006 TOWN BOARD MEETING PAGE 8
1-09
RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to reduce the
Sewer and Water Benefit tax unit charge to 1.95 units for parcel #76.00-05-01.000, owned by
Nicholas Renzi, commencing with the 2007 year.
RESOLUTION #66 AUTHORIZE REDUCTION OF WATER & SEWER
BENEFIT UNIT CHARGE FOR PROPERTY OWNED
BY BRECK ASPINWALL
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Breck Aspinwall requesting the reduction of the Water
and Sewer Benefit tax unit charge from 4.1 units to 2.0 units, for property located at 3689 Page
Green Road, tax map #96.00-03-06.000, and
WHEREAS, such request was reviewed by Town Assessor; David Briggs, who recommended
that based on the parcel's topography, the Water and Sewer Benefit tax units be reduced to 3.0
units, therefore
BE IT RESOLVED, the Town Assessor, David Briggs is hereby authorized and directed to
reduce the Water and Sewer Benefit tax unit charge to 3.0 units for parcel #96.00-03-06.000,
owned by Breck Aspinwall, commencing with the 2007 Town and County tax bill.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from the Cortland County Planning Department regarding the zoning map
amendment and site plan review for the Wal-Mart Supercenter Planned Unit Development
(PUD) for property located off NYS Route 13, tax map # 105.00-01-22.211. All voting aye, the
motion was carried.
Councilman Rocco apprised the Board he visited Walden Place on Bennie Road and
toured the facility. He informed the Board that the facility is under new ownership, and is fully
aware of the application for the proposed Wal-Mart Supercenter PUD.
No further comments or discussion were 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 6:10 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville