HomeMy WebLinkAbout10-18-2006Z 33
OCTOBER 18, 2006
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
GERRY V. RUGGIERO, APPLICANT/RO
CHURCH OF THE NAZARENE, RO
MCLEAN ROAD
TAX MAP #96.09-01-25.100 & 496.09-01-25.200
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 Gerry V. Ruggiero permitting the
construction of a five self -storage buildings with a total of 72 —10 ft. by 10 ft. units and 48 — 5 ft.
by 10 ft. units. The property is located on the north side of McLean Road, approximately 300 ft.
west of NYS Route 13/McLean Road intersection, in the Town of Cortlandville, tax map #96.09-
01-25.100 and 96.09-01-25.200.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Town Clerk, Karen Q. Snyder
Absent: Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates LLP.; Steve Cleason
from APD Engineering; Paul Sylvestri from Harter, Secrest & Emery; Attorney Rick VanDonsel;
Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning Commission; Tim and Connie
Neff, Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, Grace Meddaugh; Sharon
Stevans for Channel 2, Access TV; and News Reporter, Evan Geibel 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.
Arnold Talentino questioned whether there was a way to monitor what would be stored in
the proposed self -storage buildings. He was concerned that no substances be contained in the
mini -storage units that could potentially leak into the aquifer.
Attorney Folmer reported that the County Planning Board recommended the following
conditions along with the approval of the Aquifer Permit: a stormwater pollution prevention
plan; the proposed dry wells include pre -catch basins; the applicant submitting a sample lease
agreement to the Town that prohibits the storage of hazardous materials within the mini -
storage units; the flooring of the units consists of an impervious material such as concrete
with no floor drains.
No further comments or discussions were heard.
Councilman Testa 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 5:05 p.m.
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OCTOBER 18, 2006
5:05 P.M.
TOWN BOARD MEETING
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:
Absent:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Town Clerk, Karen Q. Snyder
Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates LLP.; Steve Cleason
from APD Engineering; Paul Sylvestri from Harter, Secrest & Emery; Attorney Rick VanDonsel;
Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning Commission; Tim and Connie
Neff, Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, and Grace Meddaugh; Sharon
Stevans for Channel 2, Access TV; and News Reporter, Evan Geibel from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Testa made a motion, seconded by Councilman Rocco, to approve the
Special Town Board Minutes of September 28, 2006 as written. All voting aye, the motion was
carried.
RESOLUTION #184 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
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 #480 - 499
$
5,665.22
General Fund B
B107 - B108
$
8,034.34
Highway Fund DB
D438 - D462
$
23,530.12
Water Fund
W 197 - W205
$
8,217.14
Sewer Fund
S97 - S 105
$
2,959.95
Capital Projects
H19 - H26
$
81,512.94
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco thanked the County Sheriff for placing the speed -meter on the
recently resurfaced McLean Road.
Steve Cleason, with APD Engineering, presented the Board with 5 copies incorporating
the modifications to the FEIS for the Wal-Mart Supercenter PUD application, which APD
believed incorporated all of the comments from the different involved agencies. He stated that
until the Board accepts the document as final it was not "out there for the involved agencies
comments anyway." During the statement of findings any other issues could be incorporated.
Monthly reports of the Town Justice and the Water & Sewer Dept. for the month of
September 2006 were on the table for review and are filed in the Town Clerk's Office.
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 2
RESOLUTION #185 TABLE ACTION ON LOCAL LAW - 2006
REVISION TO ARTICLE XVI OF THE TOWN CODE
STORMWATER MANAGEMENT AND EROSION AND
SEDIMENT CONTROL ORDINANCE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of
2006, Revision to Article XVI of the Town Code, Stormwater Management and Erosion and
Sediment Control, until November 1, 2006.
RESOLUTION #186 TABLE ACTION ON LOCAL LAW - 2006
REVISION TO ARTICLE XI OF THE TOWN CODE
PLANNED UNIT DEVELOPMENT ORDINANCE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of
2006, Revision to Article XI of the Town Code, Planned Unit Development Ordinance, until
November 1, 2006.
The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer
Protection Permit submitted by Gerry V. Ruggiero for property located on McLean Road.
RESOLUTION #187 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT 45 OF 2006 SUBMITTED BY GERRY
V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN
ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Gerry V. Ruggiero for
property located on the north side of McLean Road, approximately 300 ft. west of NYS Route
13/1\4cLean Road intersection, permitting the construction of five self -storage buildings, with a total
of 72 —10 ft. by 10 ft. units and 48 — 5 ft. by 10 ft. units, tax map #96.09-01-25.100 and 96.09-01-
25.200, 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
Gerry V. Ruggiero, Aquifer Protection Permit #5 of 2006, shall have no significant
environmental impact.
RESOLUTION #188 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #5 OF 2006
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #5 of 2006, submitted by Gerry V. Ruggiero.
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 3
RESOLUTION #189 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2006
SUBMITTED BY GERRY V. RUGGIERO FOR PROPERTY
LOCATED ON MCLEAN 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 #5 of 2006,
submitted by Gerry V. Ruggiero for property located on the north side of McLean Road,
approximately 300 ft. west of NYS Route 13/1\4cLean Road intersection, permitting the construction
of five self -storage buildings, with a total of 72 —10 ft. by 10 ft. units and 48 — 5 ft. by 10 ft. units,
tax map #96.09-01-25.100 and 96.09-01-25.200, subject to the following conditions:
1. A stormwater pollution prevention plan being prepared for the site and approved by
the Town if it is determined that the impervious surface of the site would increase by
more than 10,000 sq. ft. as a result of the proposed use. Even if this proposal does not
fall under the Town's stormwater ordinance, stormwater management and erosion
and sediment control measures should be employed.
2. The proposed dry wells include pre -catch basins to capture solids.
3. Reduction of the proposed driveway width accessing McLean Road to provide better
control of traffic entering/exiting the site given its close proximity to the NYS Route
13/McLean Road intersection.
4. County Highway Superintendent approval of the driveway entrance onto McLean
Road since McLean Road is a county road. The applicant must submit
driveway/culvert details to the County Highway Superintendent as part of this review.
Lighting on the site being directed so as to not adversely impact neighboring
properties.
6. The applicant submitting a sample lease agreement to the Town that prohibits the
storage of hazardous materials within the mini -storage units.
7. The flooring of the units consists of an impervious material such as concrete with no
floor drains.
8. The two parcels being consolidated by deed to insure that the easternmost units retain
access in the future.
9. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
There was a brief discussion regarding the 2007 Budget. Supervisor Tupper explained
that the 2007 preliminary budget called for a $0.15 increase from the 2006 budget, which would
be $3.70.
RESOLUTION #190 SCHEDULE PUBLIC HEARING REGARDING THE 2007
PRELIMINARY BUDGET
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 4
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 1, 2006 at 7:00
p.m. regarding the 2007 Preliminary Budget, and it is further
RESOLVED, that 20 copies shall be made available for distribution to the public on October 27,
2006.
RESOLUTION #191 SCHEDULE DATE TO ADOPT 2007 PRELIMINARY
BUDGET AS THE 2007 ADOPTED BUDGET
Motion by Councilman Rocco
Seconded by -Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2007 Preliminary Budget as the 2007 Adopted
Budget on November 15, 2006 at 5:00 p.m.
RESOLUTION #192 SCHEDULE PUBLIC HEARINGS REGARDING A
COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION FOR A "TOWNWIDE ELDERLY
REHABILITATION PROGRAM" FOR DECEMBER 20, 2006
AND MARCH 21.2007
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Public Hearings shall be scheduled for December 20, 2006 at 9:00 a.m. and
March 21, 2007 at 5:00 p.m, regarding a Community Development Block Grant application for a
"Townwide Elderly Rehabilitation Program."
Attorney Folmer reported:
Acquisition of Land from John Murdock:
Attorney Folmer apprised the Board that in order to accomplish the acquisition of land
from John Murdock, for property on Cedar Crest Drive, a subdivision would have to be approved
by the Town Planning Board. The Board would make application to the Planning Board for a
subdivision and would also ask them to affirm that the building lot remaining would be a viable
and appropriate building lot. Mr. Murdock would not convey the land to the Town without such
assurance.
FEIS - Wal-Mart Supercenter PUD Application:
With regard to the FEIS, the Board was not in a position to declare that the FEIS was
complete. Attorney Folmer anticipated the Board would be able to make a determination at the
November 1, 2006 meeting. Once the FEIS is deemed complete, a 10-day public comment
period would follow, and the document would be posted on the internet.
Bonding:
Attorney Folmer apprised the Board he was completing the financial arrangements
regarding bonding, which would allow the Town to start paying the bills for the
Renovation/Expansion of the Raymond G. Thorpe Municipal Building.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Kenneth Flood, Director, Governor's Office for Small Cities, dated
September 27, 2006, regarding the Blodgett Mills Community Development Block Grant, 12
month project completion notice. All voting aye, the motion was carried.
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 5
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Angie Wyatt, Confidential Secretary, Cortland County Self Insurance
Fund, dated October 4, 2006, regarding the 2007 Worker's Compensations Assessment. All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Carl F. Ford, P.E., Acting Regional Director of Transportation, NYS DOT,
dated October 6, 2006, regarding the Wal-Mart Supercenter PUD application and the mitigative
measures needed along NYS Route 13. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Sheriff Lee Price, Cortland County Sheriff's Department, dated October
10, 2006, regarding the proposed Wal-Mart Supercenter and the Sheriff Department's request for
three additional officers to patrol the Town. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Clough Harbour & Associates LLP, dated October 12, 2006, regarding
the Technical Review of the Final Environmental Impact Statement for the Wal-Mart
Supercenter PUD application. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence regarding the proposed Revised Stormwater Management and Erosion and
Sediment Control Ordinance, and the proposed Revised Planned Unit Development Ordinance
from the following people: Jo Schaffer, dated October 6, 2006; Arnold Talentino, dated October
9, 2006; Jamie Dangler, representing C.A.P.E., dated October 11, 2006. All voting aye, the
motion was carried.
RESOLUTION #193 TABLE ACTION ON A RESOLUTION REGARDING WATER
& SEWER BENEFIT TAX FOR THE RENAISSANCE
DEVELOPMENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table action on a resolution regarding the
Water & Sewer Benefit Tax for the Renaissance Development until November 1, 2006.
RESOLUTION #194 APPOINT DELEGATE AND ALTERNATE TO VOTE AT
THE ASSOCIATION OF TOWNS ANNUAL MEETING
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
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 of 2007.
RESOLUTION #195 AUTHORIZE SUPERVISOR TO APPROVE AND SIGN
CHANGE ORDERS FOR THE HIGHLAND ROAD SEWER
IMPROVEMENT PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to approve
and sign the change orders for the Highland Road Sewer Improvement Project.
RESOLUTION #196 AUTHORIZE DENKENBERGER & GREENE TO CONDUCT
BOUNDARY AND TOPOGRAPHIC SURVEY AND CLOUGH
HARBOUR & ASSOCIATES TO REVIEW AND REPORT ON
THE SURVEY IN REGARD TO THE BELL DRIVE
DRAINAGE PROBLEMS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Denkenberger & Greene
to conduct a boundary and topographic survey of property along the southerly boundary of the
Cortland Country Club, the east edge of West Homer Road, across the railroad to the west side
of Route 11, in an amount not to exceed $7,500.00, and it is further
RESOLVED, that the Town's engineering consultants, Clough Harbour & Associates LLP., is
hereby authorized and directed to review and report on the boundary and topographic survey
completed by Denkenberger & Greene, in regard to the Bell Drive Drainage Problems, in an
amount not to exceed $3,500.00.
RESOLUTION #197 PROCLAIM OCTOBER 23an-31sT, 2006 AS RED RIBBON
WEEK IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, local leaders, in government and in the community, know that the support of the
people in the neighborhoods is the most effective tool they can have in their efforts to reduce the
use of alcohol, tobacco, and other drugs, and
WHEREAS, success will not occur overnight, our patience and continued commitment to drug
education and prevention and imperative, and
WHEREAS, the red ribbon was chosen as a symbol commemorating the work of Enrique "Kiki"
Camarena, a Drug Enforcement Administration agent, who was murdered in the line of duty and
has come to represent the belief that one person can make a difference, and
WHEREAS, Red Ribbon Campaign was established by Congress in 1988 to promote this belief
and encourage a drug -free lifestyle and involvement in drug prevention efforts, and
WHEREAS, the Cortland Area Community that Cares Coalition is working to help create
awareness of the alcohol and drug problems facing our county, and to promote a drug -free
lifestyle for youth, and
WHEREAS, October 23`d-315t, 2006 has been designated Red Ribbon Week calling on all
Cortland County residents to show their support for a drug -free county by wearing a red ribbon
and participating in drug -free activities during that week, therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby proclaim
October 23rd-31St, 2006 as Red Ribbon Week in the Town of Cortlandville, and encourages all
citizens, businesses, public and private agencies, media, religious and educational institutions to
wear and display red ribbons and participate in drug -free activities throughout the week, joining
the rest of the county in promoting the Red Ribbon Celebration and a drug -free Cortland County.
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OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 7
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 5 :3 5 p.m.
Respe tfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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