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Home My WebLink About09-20-2006199 SEPTEMBER 20, 2006 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT 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 replacement of an existing 3,770 sq. ft. wood storage building and 415 sq. ft. of concrete aprons with a new 5,880 sq. ft. metal building for building insulation storage, for property located on the north side of Luker Road, approximately 500 ft. west of the NYS Route 281/Luker Road intersection, in the Town of Cortlandville, tax map #86.17-01-01.000. 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: Roger Whelan from Whelan & Curry Construction Services, Inc.; Patricia Mones, Valley View Gardens; John Carroll, Virgil, NY; Tim Neff, McGraw, NY; Representatives of C.A.P.E.: Jan Thomsen, Catherine D. Smith, Arnold Talentino, Jamie Dangler, and Grace Meddaugh; News Reporter, Eric Mulvihill from WXHC; News Reporter, Evan Geibel from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. 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 Roger Whelan. Roger Whelan of Whelan & Curry Construction Services, Inc. asked whether the Board had any questions regarding the application, or whether they wanted too look at the plans for the proposed construction. Supervisor Tupper apprised Mr. Whelan that the Board was very familiar with the application. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:02 p.m. ZOO SEPTEMBER 20, 2006 5:02 P.M. E6111TWE : 97.11 CH D u I a a I t► The Regular 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: Roger Whelan from Whelan & Curry Construction Services, Inc.; Patricia Mones, Valley View Gardens; John Carroll, Virgil, NY; Tim Neff, McGraw, NY; Representatives of C.A.P.E.: Jan Thomsen, Catherine D. Smith, Arnold Talentino, Jamie Dangler, and Grace Meddaugh; News Reporter, Eric Mulvihill from WXHC; News Reporter, Evan Geibel from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of July 19, 2006, August 2, 2006, August 16, 2006, and September 6, 2006, and the Draft Special Town Board Minutes of August 9, 2006, were presented to the Board for review. RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER 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 #433 - 458 $ 77,933.29 General Fund B B99 - 13101 $122,203.31 Highway Fund DB D392 - D411 $ 62,386.02 Water Fund W 173 - W 184 $ 13,454.98 Sewer Fund S86 - S91 $ 27,218.11 Trust & Agency T9 - T9 $ 28,698.01 Capital Projects H13 - H16 $ 26,093.85 Special Grants SG17 - SG18 $ 16,391.56 Supervisor Tupper postponed offering privilege of the floor until later in the meeting. Monthly reports of the Supervisor and Town Justice for the month of August 2006 were on the table for review and are filed in the Town Clerk's Office. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file the 2007 Operating Budget for the Cortlandville Fire District. All voting aye, the motion was carried. Councilman Rocco questioned whether arrangements had been made for Town employees to utilize the Cortlandville Fire Department's parking lot due to the expansion/renovation project of the Raymond G. Thorpe Municipal Building. Supervisor Tupper stated he was in communications with the Fire Department regarding an easement for a light pole and parking. The Town should have adequate parking every day other than court days. 1 SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 2 The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Whelan & Curry Construction Services, Inc. on behalf of Prop Inc., for property located on Luker Road. RESOLUTION #165 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2006 SUBMITTED BY WHELAN & CURRY CONSTRUCTION SERVICES, INC. ON BEHALF OF PROP INC. FOR PROPERTY LOCATED ON LUKER ROAD Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Whelan & Curry Construction Services, Inc. on behalf of the property owner, Prop Inc., for property located on the north side of Luker Road, approximately 500 ft. west of the NYS Route 281/Luker Road intersection, permitting the replacement of an existing 3,770 sq. ft. wood storage building and 415 sq. ft. of concrete aprons with a new 5,880 sq. ft. metal building for building insulation storage, 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 Prop Inc., Aquifer Protection Permit #4 of 2006, shall have no significant environmental impact. RESOLUTION 4166 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 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 #4 of 2006, submitted by Whelan & Curry Construction Services, Inc. for property owned by Prop Inc. RESOLUTION #167 APPROVE AQUIFER PROTECTION PERMIT 44 OF 2006 SUBMITTED BY WHELAN & CURRY CONSTRUCTION SERVICES, INC. ON BEHALF OF PROP INC. FOR PROPERTY LOCATED ON LUKER ROAD SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco 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 #4 of 2006, submitted by Whelan & Curry Construction Services, Inc. on behalf of the property owner, Prop Inc., for property located on the north side of Luker Road, approximately 500 ft. west of the NYS Route 281/Luker Road intersection, permitting the replacement of an existing 3,770 sq. ft. wood storage building and 415 sq. ft. of concrete aprons with a new 5,880 sq. ft. metal building for building insulation storage, tax map #86.17-01-01.000, subject to the following conditions: zoz SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 3 1. 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. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Gerald A. Coggi, Jr., Manager, Cortland Country Club, Inc., dated September 12, 2006, regarding intent to renew their liquor license. All voting aye, the motion was carried. Attorney Folmer reported: Revisions to Zoning Law, PUD, and Stormwater Management Ordinance: Attorney Folmer suggested the Board schedule public hearings for revisions to the Planned Unit Development Ordinance and the Stormwater Management Ordinance for the same evening, and schedule a separate public hearing for the Revised Zoning Text and Map Amendment. RESOLUTION #168 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006, REVISION TO ARTICLE XI OF THE TOWN CODE, PLANNED UNIT DEVELOPMENT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for October 4, 2006 at 7:00 p.m. for Local Law — 2006, Revision to Article XI of the Town Code, Planned Unit Development. RESOLUTION #169 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006, REVISION TO ARTICLE XVI OF THE TOWN CODE, STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for October 4, 2006 at 7:00 p.m., or soon thereafter, for Local Law — 2006, Revision to Article XVI of the Town Code, Stormwater Management and Erosion and Sediment Control. RESOLUTION #170 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006, REVISED ZONING TEXT AND MAP AMENDMENT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 1, 2006 at 7:00 p.m. for Local Law — 2006, Revised Zoning Text and Map Amendment. Councilman Proud and Councilman O'Donnell would not be in attendance for the October 4, 2006 public hearings. zo3 SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 4 Bonding for Expansion/Renovation Project: Attorney Folmer apprised the Board he was in the process of completing the bonding for the Expansion and Renovation of the Raymond G. Thorpe Municipal Building. FEIS — Wal-Mart Supercenter PUD: Attorney Folmer reported that the FEIS for the Wal-Mart Supercenter PUD would be available before the Town Board Meeting on October 4, 2006. He requested that Clough Harbour & Associates provide the Board with extra copies for C.A.P.E., the Cortland Standard, and for WXHC. Attorney Folmer suggested the Board conduct a workshop regarding the FEIS between the Board, CHA, and the applicant. The workshop would be open to the public but would not be a public hearing. He explained that the Board has ten days within receipt of the FEIS as a "cooling off period." The workshop would be conducted and the Board would ultimately accept the FEIS only when determined "complete". Attorney Folmer was not sure whether a public hearing regarding the FEIS would have to be held. Prosecution — Noise Ordinance: Attorney Folmer announced he was in receipt of the first prosecution under the Noise Ordinance. RESOLUTION #171 REAPPOINT JOHN DIESCHER TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint John Diescher, 3946 Route 11, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2006 and expiring September 30, 2011. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from James Billings, Barton & Loguidice, P.C., dated August 29, 2006, regarding a scope of services and proposal to provide engineering services for improvements to drainage in the Starr Road/Levydale Park area. All voting aye, the motion was carried. Supervisor Tupper apprised the Board that Barton & Loguidice, P.C. would charge $8,500.00 to provide engineering services for improvements to drainage in the Starr Road/Levydale Park area. Councilman Testa suggested the Town conduct studies regarding drainage in other areas before problems similar to what is happening at Bell Drive occur. Supervisor Tupper stated that future development in any area would have to be concerned with stormwater management, especially developers on hills. He commented that once the revised Stormwater Management Ordinance is adopted there would be stricter guidelines. He hoped that the County and the City would participate in the resolution of the drainage issues once a solution was suggested. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Attorney John Folmer, dated August 29, 2006, and correspondence from Attorney Lawrence Knickerbocker to Attorney Folmer, dated August 24, 2006 regarding flooding on property owned by Timothy and Andrea Tobin on Levydale Park. All voting aye, the motion was carried. Supervisor Tupper stated he spoke with Mr. Tobin and assured him that the Town was aware of the problem and had contacted Barton & Loguidice, P.C. to conduct a study of the drainage and provide a possible solution. The Town would work to resolve the problems. Attorney Folmer apprised the Board that the County Attorney and County Highway Committee were copied on the correspondence from the Tobin's Attorney. zoq SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 5 Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the following correspondence regarding the Town's request to be Lead Agency for SEQR for the Revised Zoning Law, Revised Planned Unit Development Ordinance, and the Revised Stormwater Management and Erosion and Sediment Control Ordinance. All voting aye, the motion was carried. a) David Plew, Chairman, Cortlandville Zoning Board of Appeals, dated August 23, 2006 b) Michael Barylski, NYS Department of Environmental Conservation, dated September 7, 2006. Councilman Rocco noted that the owners Valley View Gardens were in attendance to discuss their feelings in regard to allowing adult entertainment in I-2 zones. Patricia Mones apprised the Board she would not be comfortable operating her landscaping business next to an adult entertainment facility. Supervisor Tupper informed Mrs. Mones a public hearing would be conducted on November 1, 2006 regarding the proposed Zoning Text Amendment and invited her to voice her opinion at that time. Attorney Folmer reiterated his comments from the September 6, 2006 Town Board meeting. The Town was not permitted, constitutionally, to enact a local law prohibiting an establishment to locate within the Town, whatever the occupation may be. The Town could regulate the location of particular types of businesses, such as an adult entertainment business. Also, there was no pending application for adult entertainment business to be located within the Town at this time. Councilman Rocco stated he was concerned with adult entertainment being allowed in every industrial zone in the Town as "industrial zones are in the Town are huge." He specifically did not want adult entertainment to be allowed on Luker Road. He suggested a third industrial zone, I-3, specifically for adult entertainment. He stated that the new zoning did not make him feel comfortable in this regard. Attorney Folmer did not feel there was an opportunity for such an adult entertainment business to be located on Luker Road at this time, and after talking with CEO Weber regarding the issue he stated it would be difficult to locate such an establishment anywhere within the Town. Supervisor Tupper suggested they discuss the issue at another time. RESOLUTION #172 SCHEDULE SPECIAL TOWN BOARD MEETING AND PUBLIC HEARING REGARDING THE RESTORE -NY COMMUNITIES GRANT FOR THE BROCKWAY MUSEUM COMPLEX FOR SEPTEMBER 28, 2006 Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting and a Public Hearing regarding the Restore -NY Communities Grant for the Brockway Museum Complex located at 4386, 4392 US Route 11, for September 28, 2006 at 9:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York. RESOLUTION #173 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO THE MUNICIPAL AUCTION IN SYRACUSE, NEW YORK ON OCTOBER 28, 2006 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to send the following surplus equipment to the Municipal Auction in Syracuse, New York on October 28, 2006: z os- SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 6 1988 International Dump Truck with Plow and Wing, Serial 41HTZMGJR8H583070 1992 Chevrolet 1-ton Dump Truck with Power Angle -Plow, Serial #1GBJK34J8NE186050 There was discussion regarding correspondence from Morton Parsons. Councilman Rocco explained Mr. Parsons' concerns regarding the traffic patterns for the new Dunkin Donuts and Kinney Drugs on Route 281. Planning Board member, Nick Renzi commented that the NYS DOT and the Planning Board approved the traffic patterns and signage for the new business. He suggested Councilman Rocco submit his concerns to the Planning Board in writing. Supervisor Tupper felt that the new traffic patterns would take the public time to get acclimated to the new traffic patterns. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Morton Parsons, 784 N. Lamont, dated September 14, 2006, regarding the new Dunkin Donuts, Kinney Drugs, and dangerous traffic patterns. All voting aye, the motion was carried. RESOLUTION 4174 AUTHORIZE USE OF TOWN HALL FOR THE DEFENSIVE DRIVING COURSES FOR THE YEAR OF 2007 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Safety Council of Central New York is hereby authorized to use the Raymond G. Thorpe Municipal Building to conduct their Defensive Driving Course for the year of 2007, per the submitted schedule. Tim Neff from McGraw apprised the Board he received a phone call from NYSEG informing him that the gas line would be taken care of within the next three days. He questioned whether Highway Sup't. Bush established a timetable for the demolition of the bridge. Supervisor Tupper had not received any information from Highway Sup't Bush regarding the cost of demolishing the bridge. He suggested Mr. Neff contact Deputy Highway Sup't. Fred Walker with any questions as Highway Sup't Bush would not be available until Monday. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:20 p.m. The following information was received from the Supervisor's office. Councilman Testa 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. SEPTEMBER 20, 2006 TOWN BOARD MEETING PAGE 7 No action was taken. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 p.m. Respectfully submitted, Z' �O�S41-z� 1 Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1 1