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HomeMy WebLinkAbout05-17-200613� MAY 17, 2006 5:00 P.M. TOWN BOARD MEETING The Special Town Board 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 C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Jo Schaffer from the City of Cortland Planning Commission; Representatives of C.A.P.E.: Jan Thomsan, Dr. Arthur and Dr. Patricia Shedd, Jamie Dangler; John Carroll; Michael Chernago representing S.C.W.P., LLC.; News Reporter, Corey Preston from the Cortland Standard; and Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town Board Wal-Mart DEIS Public Hearing Minutes of March 1, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town Board Wal-Mart DEIS Public Hearing Minutes of March 2, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town Board Wal-Mart DEIS Public Hearing Minutes of March 3, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of February 28, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of March 28, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of April 11, 2006. All voting aye, the motion was carried. The Draft Town Board Minutes of April 5, 2006 and April 19, 2006 were provided to the Board. RESOLUTION #101 AUTHORIZE PAYMENT OF VOUCHERS — MAY 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 #219 - 250 $ 83,815.00 General Fund B B49 - B53 $ 17,007.51 Highway Fund DB D169 - D197 $ 65,974.85 Water Fund W86 - W97 $ 13,707.33 Sewer Fund S42 - S50 $ 77,703.87 Trust & Agency T5 - T5 $ 28,698.01 Capital Projects H2 - H3 $ 59,108.76 The monthly report of the Town Justice for the month of April 2006 was on the table for review and is filed in the Town Clerk's office. 1 1 137 MAY 17, 2006 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board member, Nick Renzi, commented that in January of 2005 the Town Board solicited a quote from Clough Harbour & Associates to update the Planned Unit Development (PUD) Ordinance. Clough Harbour submitted it's recommendations to the Town, and the Planning Board accepted the recommendations with some minor word changes as Planning Board Resolution 4114 in December 2005. However, the Town Board has not acted on the changes to the PUD Ordinance. Mr. Renzi suggested the Board make some procedural changes to avoid losing track of pending items. The second pending issue that Mr. Renzi discussed was with regard to lot sizes (bacon strip lots). The Planning Board passed a resolution in July 2005 recommending the depth of lots should be no more than three times the average width; lots incorporating septic systems should be no less than 2 acres in area. The Planning Board thought the Town Board would act on the resolution, however no action was taken. The next issue mentioned by Mr. Renzi was with regard to the Stormwater Ordinance, which he worked on with Patrick Reidy from the Cortland County Soil & Water Conservation District. The update to the Stormwater Ordinance was also pending. Supervisor Tupper thanked Mr. Renzi for his comments, and stated he did not recall a request for the Board to act on any of the issues mentioned. He suggested the Planning Board inform his secretary of any issues/resolutions that should be forwarded to the Board. Supervisor Tupper suggested the Board incorporate the changes to the PUD Ordinance and lot size with the revisions to the Zoning Ordinance — Zoning Text Amendment. Attorney Folmer apprised the Board he had the proposed draft of the PUD Ordinance and would meet with Mr. Renzi regarding the draft. He agreed that the Board should incorporate whatever they needed to in the upcoming revision to the Zoning Ordinance, however the Stormwater Ordinance was a separate issue and should be acted on separately. Mr. Renzi apprised the Board he received a phone call from the DEC regarding the status of the Wal-Mart Supercenter PUD application and the Final Environmental Impact Statement (FEIS). The representative of the DEC informed Mr. Renzi that he was contacted by Wal-Mart to attend a meeting regarding Stormwater Management. Mr. Renzi questioned whether the Town Board, as lead agency, was notified of the meeting or if Clough Harbour & Associates was informed of the meeting. Attorney Folmer stated APD Engineering, representing Wal-Mart, is entitled to contact any agency or consultant they feel necessary, and that it was not appropriate for the Town to participate in the preparation of the FEIS. Although there is no time limit for the applicant to submit the FEIS, the timetable for receiving the FEIS may be longer than anticipated if the applicant was going to revise the plan and review it with the DEC. Supervisor Tupper offered privilege of the floor to Michael Chemago. Michael Chemago, representing S.C.W.P., LLC. questioned what the status of the zoning was for the 26-acre site on NYS Route 13. Attorney Folmer informed Mr. Chernago that the zoning of the parcel would be included in the revised Zoning Ordinance. Supervisor Tupper offered privilege of the floor to Councilman Proud. Councilman Proud informed the Board he was having a difficult time remembering pending items from meeting to meeting, and suggested a list of pending items be attached to each meeting agenda or listed under "Old Business." With regard to old business, Supervisor Tupper apprised the Board that Attorney Folmer reviewed the proposal for the grant for the Brockway Truck Museum. While there was nothing wrong with the proposal, Attorney Folmer was not certain about the funding; the grant required a 50150 match. The Town would have to expend $60,000.00, which was not budgeted for, before being reimbursed by the State. According to William Breidinger, a representative for the Brockway Truck Museum, the Museum agreed to match the grant, however the application to the State would indicate that the Town agreed to match the funds. 438 MAY 17, 2006 TOWN BOARD MEETING PAGE 3 Attorney Folmer apprised the Board that while they've applied for and received grants in the past the Town has never applied for a matching grant. Supervisor Tupper stated there was a good chance that the proposal would be approved and felt that the Museum would be a great tourist attraction. Councilman Proud voiced his concern that the Town has a tight budget. Although there may be money in Town reserves, he was concerned with the amount of time it could take for the Town to be reimbursed after the expenditure. Councilman Testa commented that if the Town receives the grant it would be guaranteed that the money would be reimbursed, and thought the Town should go ahead and apply to the state for the grant. Jamie Dangler, a member of the Brockway Truck Museum, apprised the Board there would be no problem with matching the funds because they already have more than $60,000.00 to match the grant. After Mrs. Dangler's comments, Councilman Rocco stated he was comfortable authorizing the Supervisor to sign and submit the grant. RESOLUTION #102 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO NEW YORK STATE ENVIRONMENTAL PROTECTION FUND FOR A GRANT UNDER THE LOCAL WATERFRONT REVITALIZATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the New York State Environmental Protection Fund has available grant monies with a matching award, and WHEREAS, William J. Breidinger the Executive Director of the Homer -Cortland Community Agency, Inc. a Not -for -Profit 5016 Company has approached the Town of Cortlandville to apply for such a grant for a project called Brockway-Homeville Museum Complex, which will be located near the Tioughnioga River in the Town of Cortlandville, therefore BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign such application, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the foregoing resolution to be forwarded to the New York State Environmental Protection Fund along with the completed application. Attorney Folmer reported: Conveyance of Deed — NYS Route 215: Attorney Folmer suggested the Board adopt a resolution approving and authorizing the Supervisor to sign the contract for the purchase of a 4-acre parcel located on NYS Route 215 from Donald P. Reed, to correct the dangerous intersection of Bennie Road and NYS Route 215, in the amount of $40,000.00. RESOLUTION #103 AUTHORIZE SUPERVISOR TO SIGN CONTRACT TO PURCHASE 4-ACRES OF LAND LOCATED AT 3334 NYS ROUTE 215 FROM DONALD P. REED Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a contract to purchase 4-acres of land located at 3334 NYS Route 215, a portion of tax map #106.00-01-06.200, in an amount not to exceed $40,000.00, in order to correct the dangerous intersection of NYS Route 215 and Bennie Road. 1,39 MAY 17, 2006 Nto] ky,10@007.1,1:]0rl�1��1►[f; PAGE 4 Road Specification Ordinance: Attorney Folmer apprised the Board he reviewed the . Town of Dewitt's Road Specification Ordinance at the request of Councilman Rocco. If the Board were to adopt a similar ordinance "it would accomplish the purpose that you want," however the specifications are very strict and demanding on the contractors/developers, which may be a concern. Councilman Rocco stated he was concerned with developers of new subdivisions and the acceptance of the road by the Town. He informed the Board that he contacted the Supervisor and Highway Sup't. of the Town of Dewitt who provided him with a copy of their Road Specifications. Councilman Rocco felt the Town had a problem with developers of new subdivisions and the construction of the roads while houses are being built. He explained that the Town receives a deposit to complete the road, which is put in escrow until the developer finishes the road and the Town accepts it. Unfortunately, with the continued construction of houses the road is destroyed and the Town has to repair the road at its expense. Councilman Rocco apprised the Board that in order to prevent such events from occurring, the Town of Dewitt requires the developer to put down a certain amount of money to finish the road, which is held by the Town. When 75% of the lots are sold and build on, the developer completes the road. The developer is responsible for the remainder of the road until all the lots are sold. Therefore, if the developer destroys the road during construction of the homes he would have to repair the road. In addition, the adjoining property owners would have to sign off that the road was acceptable. Councilman Rocco stated the Town of Cortlandville is becoming too large, with an increase in subdivisions, and cannot afford to repair the roads right after they are constructed. He stated the Town needs stricter rules and regulations to control the issue, and agreed that developers would not like the specifications because they would be held responsible for the roads rather than the citizens of the Town of Cortlandville. Attorney Folmer gave the Road Specifications to Highway Sup't. Bush to compare to the Town's current specifications. Annexation of Land — Request by Gary Wilcox: Attorney Folmer apprised the Board he discussed the request made by Gary Wilcox to annex his property on Bell Drive from the Village of Homer to the Town of Cortlandville with Attorney Perfetti representing the Village of Homer. The issue may have to be placed on the ballot at the general election in November for both the Town and the Village. Mr. Wilcox was in no immediate rush for the annexation to be approved. Conveyance of Deed — Hillside Drive: Attorney Folmer apprised the Board he was in receipt of the executed deed from Norman and Shirley Grant conveying property on Hillside Drive to the Town. He requested the Board adopt a resolution authorizing the Supervisor to execute the deed, record the deed with the County Clerk, and to deliver payment. RESOLUTION #104 AUTHORIZE SUPERVISOR TO EXECUTE DEED AND TOWN ATTORNEY TO RECORD DEED FROM NORMAN AND SHIRLEY GRANT FOR PROPERTY LOCATED ON HILLSIDE DRIVE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board accepted the conveyance of a deed from Norman and Shirley Grant at the April 5, 2006 Town Board Meeting for property located on Hillside Drive, a portion of tax map #76.14-01-07.000, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the deed from Norman and Shirley Grant, and it is further RESOLVED, the Town Attorney is hereby authorized and directed to record the deed, and to deliver payment in the amount of $4,800.00. 1L40 MAY 17, 2006 TOWN BOARD MEETING PAGE 5 Bonding Resolution: Attorney Folmer apprised the Board the Bonding Resolution adopted May 3, 2006 was published in the Cortland Standard as required. He and Town Clerk Snyder would send the Affidavit of Publication and other appropriate documentation to Bond Counsel. Planning Board Index of Actions: Attorney Folmer requested that the Index of Actions from the Planning Board and Zoning Board of Appeals be forwarded to him. Notice of Claim — Sprague: Attorney Folmer apprised the Board he attempted to speak with Attorney Baranello concerning the claim made by Stanley and Anna Maria Sprague for property damages at 1219 Davinci Drive, however Attorney Baranello was not available. Tax Certiorari Claims: Attorney Folmer reminded the Board the tax certiorari claim filed by Eric Barden for property located on Madden Lane was settled. Attorney Folmer informed the Board that while the tax certiorari proceeding commenced by Pall Trinity Micro Corp. were disposed of, the Court informed him that there was one year of claims not specifically mentioned in the stipulation. Bond Schoenek & King and Attorney Folmer executed and filed the appropriate stipulations. Therefore, the Pall Trinity claim was complete as well. Code Violation — David Berlew Water Retention: Attorney Folmer apprised the Board an engineer was hired to evaluate the water retention basin and to obtain a permit with regard to the code violation of David Berlew. Remedial action would also have to be taken care of. Judge Casullo scheduled a conference regarding the matter for May 22, 2006, although the conference date may have to be rescheduled. Supervisor Tupper questioned what the disposition would be if Mr. Berlew "comes into compliance." Attorney Folmer could not comment on a conclusion. Code Violation — Pierre Beaudry, Route 11: Attorney Folmer apprised the Board they appeared in court three times regarding the code violation of Pierre Beaudry for property located on Route 11. A conference with Judge Casullo was also scheduled for May 22, 2006. Supervisor Tupper was concerned that the Town needed to be stricter regarding code violations to prevent the public from not applying for the necessary permits until they get caught. He felt there must be a penalty for the violations, such as a fine, even after compliance with the code. Attorney Folmer mentioned that the Code Enforcement Officer is limited in his time, therefore zoning is enforced on a complaint -by -complaint basis. The Town Ordinance provides for fines under certain circumstances, which would apply to separate violations over separate periods of time. The Court has the authority to impose the fines if it chooses to do so. Councilman ;Proud commented that the Board spent a considerable amount of time discussing the particular complaint at various meeting, which is a cost to the whole Town. He stated it was also a cost of credibility to the Town when a person opts not to get a permit and takes a chance as to whether or not they will get caught. Supervisor Tupper stated he would like to see the Town act more aggressively with regard to code violations. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Jamie Dangler, C.A.P.E. Executive Board, dated, May 1, 2006, which included correspondence from Bansbach, Zoghlin & Wahl, P.C., Attorneys at Law, representing C.A.P.E. in connection to the proposed amendments to the Town Zoning Law, dated April 13, 2006. All voting aye, the motion was carried. MAY 17, 2006 TOWN BOARD MEETING PAGE 6 RESOLUTION #105 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A PICKUP TRUCK FROM THE STATE BID Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to purchase a pickup truck from the State Bid list in an amount not to exceed $30,000.00, and it is further RESOLVED, the pickup truck will replace a 1992 Chevrolet one -ton truck, which will go to auction. RESOLUTION #106 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENTS FOR THE BLODGETT MILLS COMMUNITY DEVELOPMENT HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the following owner -occupied loan agreements for the Blodgett Mills Community Development Housing Rehabilitation Program: Earl Carnegie, 2297 Blodgett Mills Road, Blodgett Mills - $24,995.96 Work Includes: windows & doors, roofing, flooring, heating, plumbing, siding, interior & exterior carpentry, electric, other; Dawn Brown Roundy, 3377 Maple Avenue, Blodgett Mills - $15,497.00 Work Includes: windows & doors, roofing, other, insulation, heating, plumbing, electric Dale and Barbara Weaver, 3350 Kellogg Road, Blodgett Mills - $21,520.11 Work Includes: interior carpentry, siding, windows & doors, other, exterior carpentry, roofing. RESOLUTION #107 AUTHORIZE SUPERVISOR TO AMEND THE 2006 BUDGET BY ESTABLISHING A NEW EXPENSE ACCOUNT AND TO TRANSFER FUNDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper requested the Board establish a new expense account to account for the purchase of two decibel meters to monitor and comply with the Noise Ordinance within the Town of Cortlandville, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to establish a new expense account B3197.2 Law Enforcement, and it is further RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,099.09 from Contingency B1990.4 to Law Enforcement B3197.2, and it is further RESOLVED, the 2006 Budget is hereby amended. 1'4 Z MAY 17, 2006 TOWN BOARD MEETING PAGE 7 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. Respecfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville LJ 1